Loading...
4.4. SR 11-05-2018 EOty1� ,.,�� Request for Action River To Item Number Mayor and Council 4.4 Agenda Section Meeting Date Prepared by Consent November 5, 2018 Aaron Surratt,Acting Fire Chief Item Description Reviewed by Mutual Aid Agreement with Sherburne County Fire Cal Portner, City Administrator Departments Reviewed by Action Requested Approve,by motion, the Sherburne County Fire Departments Fire Chief's Association Automatic/Mutual Aid Agreement with attachment. Background/Discussion Mutual Aid Agreements,pursuant to Minnesota Statutes 471.59, allow fire departments to share equipment,personnel, and other resources to political subdivisions from other political subdivisions. These mutual aid agreements clarify legalities such as workers compensation and charging for services. These agreements have been in place for years with the last update in 2004. Financial Impact None Attachments ■ Sherburne County Fire Departments Fire Chief's Association Automatic/Mutual Aid Agreement ■ Sherburne County Fire Department Fire Chief's Association Mutual Aid Agreement Attachment A with Minnesota DNR equipment and hourly rates POWERED 6T Template Updoted 4/14 INAWRE1 Sherburne County Fire Departments Fire Chief’s Association Automatic/Mutual Aid Agreement Purpose This Automatic/Mutual Aid Agreement (“Agreement”) is made pursuant to Minnesota Statutes 471.59, which authorizes the joint and cooperative exercise of powers common to contracting parties. The intent is to make equipment, personnel, and other resources available to political subdivisions from other political subdivisions. Such equipment, personnel and other resources may be made available automatically or pursuant to a request as set forth below. Definitions 1. Assistance means fire and/or emergency medical services personnel and equipment that are provided automatically or upon request. 2. Automatic Aid is simultaneous assistance that is pre-arranged by the Parties and is provided automatically for Emergency Events. 3. Emergency means a sudden and unforeseen situation requiring immediate action. 4. Emergency Events means the following classifications of emergency’s for which automatic aid is provided: Apartment Fires, Business Fires, Explosions, Garage Fires, House Fires, School Fires, Hazard Materials, Water Rescue, and Technical Rescue Events. 5. Mutual Aid means the request for assistance by another Party after the initial response has been made. 6. Requesting Official means the person designated by a Party who is responsible for requesting Assistance from other Parties. 7. Requesting Party means a Party that requests assistance from other Parties and the Party to whom assistance is dispatched in cases of automatic aid. 8. Responding Official means the person designated by a Party who is responsible to determine whether and to what extent that Party should provide assistance to a Requesting Party. 9. Responding Party means a party that provides assistance to a Requesting Party. 10. Party or Parties means the political subdivisions which have entered into this Agreement. 11. Specialized activities means non-emergency assistance to include but not limited to: training of personnel and associated equipment and facilities. Procedures 1. Automatic Aid. The parties will be dispatched to and respond to all Emergency Events beyond their territorial limits as pre-determined by the Parties if resources are available to respond to the event. 2. Request for Assistance. Whenever, in the opinion of a Requesting Official, there is a need for assistance from other Parties, the Requesting Official may call upon the Responding Official of any other Party to furnish assistance. 3. Response to Request. Upon the request for assistance from a Requesting Party, the Responding Official may authorize and direct his/her party’s personnel to provide assistance to the Requesting Party. The decision will be made after considering the needs of the Responding Party and the availability of resources. 4. Recall of Assistance. The Responding Official may at any time recall such assistance when in his or her best judgment or by an order from the governing body of the Responding Party; it is considered to be in the best interests of the Responding Party to do so. 5. Command of Scene. The Requesting Party shall be in command of the mutual aid scene. The personnel and equipment of the Responding Party shall be under the direction and control of the Requesting Party until the Responding Official withdraws assistance. Worker’s Compensation Each Party shall be responsible for injuries or death of its own personnel. Each Party will maintain worker’s compensation insurance or self-insurance coverage, covering its own personnel while they are providing assistance pursuant to this agreement. Each Party waives the right to sue any other Party for any worker’s compensation benefits paid to its own employee or volunteer of their dependents, even if the injuries were caused wholly or partially by the negligence of any other Party or its officers, employees, or volunteers. Liability 1. For the purpose of the Minnesota Municipal Tort Liability Act (Minnesota Statute 466) the employees and officers of the Responding Party are deemed to be employees (as defined in Minnesota Statute 466.01, subdivision6) of the Requesting Party. 2. The Requesting Party agrees to defend and indemnify the Responding Party against claims brought or actions filed against the Responding Party or any officer, employee, or volunteer of the Responding Party for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of assistance in responding to a request for assistance by the Requesting Party pursuant to this agreement. Under no circumstances; however, shall a Party be required to pay on behalf of itself and other Parties, any amounts in excess of the limits of liability established in Minnesota Statutes Chapter 466 applicable to any one Party. The limits of liability for some or all of the Parties may not be added together to determine the maximum amount of liability for any Party. The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify a Responding Party for claims arising within the Requesting Party’s jurisdiction subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. 3. No Party to this Agreement nor any officer of any Party shall be liable to any other Party or to any other person for failure of any Party to furnish assistance to any other Party, or for recalling assistance, both as described in this agreement. Charges to the Requesting Party Subdivision 1. No charges will be levied by a Responding Party to this agreement for assistance rendered to a Requesting Party under the terms of this agreement unless that assistance continues for a period of more than eight (8) hours. If assistance provided under this agreement continues for more than eight (8) hours, the Responding Party will submit to the Requesting Party an itemized bill for the actual cost of any assistance provided after the initial eight (8) hour period, including: salaries, overtime, materials and supplies, and other necessary expenses. The Requesting Party will reimburse the Party providing the assistance for the amount listed on the itemized bill. Subdivision 2. Such charges are not contingent upon the availability of federal or state government funds. Duration This Agreement will be in force for a period of five (5) years from the date of execution. Any Party may withdraw from this Agreement upon thirty (30) days written notice to the other Party and/or Parties included in this Agreement. Execution Each Party hereto has read, agreed to, and executed this Mutual Aid Agreement on the date indicated. Fee schedule will be consistent with the Minnesota DNR Fire Department Equipment Rates. (Attachment A) Town of Baldwin Becker Fire District ____________________________ ____________________________ Board Chairperson Board Chairperson ____________________________ ____________________________ Fire Chief Fire Chief Big Lake Fire Department City of Clear Lake ____________________________ ____________________________ Board Chairperson Mayor ____________________________ ____________________________ Fire Chief Fire Chief City of Elk River Zimmerman/Livonia Fire District ____________________________ ____________________________ Mayor Board Chairperson ____________________________ ____________________________ Fire Chief Fire Chief 1 Sherburne County Fire Departments Fire Chief’s Association Mutual Aid Agreement Attachment A Suggested Equipment Standards and Hourly Rates for Fire Departments That have an agreement with the Division of Forestry MN/DNR After the first two hour rate has expired, needed equipment will be placed on an hourly rate. Equipment standard and rates include personnel; fuel will be furnished by the Fire Department. The rate will be reduced by 10% for Engines and Water Tenders older than 25 years. Engines Structure Engines Wildland Engines COMPONENT S 1 2 3 4 5 6 7 Pump Rating Min. Flow (GPM) At rated pressure (PSI) 1000 150 500 150 150 250 50 100 50 100 50 100 10 100 Tank Capacity (Gallon) 300 300 500 750 400 150 50 Hose 2 ½“ (Feet) 1200 1000 Hose 1 ½” (Feet) 500 500 1000 300 300 300 Hose 1” (Feet) 500 300 300 300 200 Personn el 4 3 3 2 2 2 2 Equipment Rate /Hour $275 $200 $185 $165 $140 $125 $85 *Engines equipped with Compressed Air Foam Systems will be paid an additional $20 an hour if CAFS is used on the incident. Water Tenders Water Tender Types Requirements Support Tactical COMPONENTS S1 S2 S3 T1 T2 Tank Capacity (Gallons) 4000 2500 1000 2000 1000 Pump Minimum Flow (GPM)* 300 200 200 250 250 @ Rated Pressure (PSI) 50 50 50 150 150 Max Refill times (Min.) 30 20 15 - - Pump & Roll - - - yes yes Personnel 1 1 1 2 2 Equipment Rate /Hour $200 $160 $140 $230 $190 *Portable Pump Acceptable with tenders * Water tenders come with folding tanks Additional Firefighters use a rate of $15.00/hr 2 Minimum Requirements for Personnel Responding to Incidents on National Forest System Lands All firefighting personnel are required to wear and utilize the following Personal Protective Equipment: Nomex shirt and pants, hard hat, leather gloves, 8 inch boots with a lugged sole and an approved fire shelter. All personnel will be required to meet NWCG training requirements for a wildland firefighter, and attend an annual wildland refresher. Fire Chiefs will ensure Departments meet training requirements and are responsible for the upkeep of Department personnel training records. Physical fitness levels are established by each agency. Departments will meet their own physical fitness standards. When responding to Federal Lands Engines and Water tenders will need to meet the NWCG component standards and are recommended to meet NWCG stocking standards (appendix M). Appendix M is located at http://www.nifc.gov/PUBLICATIONS/redbook/2013/AppendixM.pdf. Other Resources  Non-Vehicle Items used for support missions will be based on a daily rate MODEL/DESCRIPTION Min. # of Operator s Rate Tracked Vehicles 2 based on size Use rate charts from Engine typing UTV w/tank (tactical) *ROPS required 1 $50/hr + based on tank size 31-50 gal= $50 hr 51-75+ gal= $60 hr ATV (support) 1 $100/day Boat (must have pump and roll capabilities and used for tactical missions) 2 negotiated based on size and pumping capabilities Boat (support) 1 $75/day + based on size 14’=$75/day 16-17’=$150/day 18+= $175/day Portable Pump (high volume or pressure) 0 $200/day Folding Tank 0 $75/day+ *based on size 1000-2000= $75/day 2000+= $100/day Thermal Camera 1 $300/day Rates for non-vehicle equipment (such as boats, ATV’s and folding tanks, etc.) will be based on a daily rate. Boats capable of tactical missions (pump and roll capabilities) are an exception and will be based on an hourly rate. Tracked vehicles should use a rate for capacities based on Engine type.