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RES 2009-23 - 14604RESOLUTION NO. 2009 - 23 A RESOLUTION AUTHORIZING ADOPTION AND EXECUTION OF A MUTUAL AID AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES AND THE CITY OF FRIDLEY FIRE DEPARTMENT WHEREAS, the City of Fridley Fire Department and the Minnesota Department of Natural Resources rely on mutual aid when there are not sufficient personnel and /or equipment to control or extinguish wildland fires and structure fires related to wildland fires or deal with an emergency situation; and. WHEREAS, the Minnesota Department of Natural Resources has written an agreement outlining conditions for fire departments located within the State of Minnesota to provide or receive resources to each other; and WHEREAS, this agreement, as shown in Exhibit 1, has been reviewed and approved by the Anoka County Fire Protection Council; and WHEREAS, this agreement is especially important to the City of Fridley because the fire department no longer provides motorized equipment for the purpose of fighting wildland or grass fires; and WHEREAS, the Minnesota Department of Natural Resources has recourses including grass trucks, aircraft and trained personnel for the purpose of fighting wildland fires that may occur in areas that are otherwise inaccessible in the City of Fridley. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Fridley hereby approves the Minnesota Department of Natural Resources Division of Forestry and the City of Fridley Fire Department Anoka County Cooperative Fire Protection Agreement and hereby authorizes the City Manager and the Fire Chief to execute said agreement. PASSED AND ADOPATED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8TH DAY OF JUNE 2008. *V'�apx- SCOTT J. LUND, MAYOR ATTEST: &&Cm-re DEBRA A. SKOGE6, CITY CLERK Resolution No. 2009 -23 Page 2 Exhibit 1 Minnesota Department of Natural Resources Division of Forestry and the City of Fridley Fire Department Anoka County Cooperative Fire Protection Agreement 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 City of Fridley Fire Department, hereinafter referred to as the "Fire Department," as authorized by M.S. 84.025. L 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. Resolution No. 2009 -23 Page 3 NA- 01966 -04 3 -1 -2008 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. 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. Bill the DNR for wildland fire suppression at the agreed upon rate for fires that require more than two hours to suppress and /or DNR Forestry requests additional resources. When DNR Forestry, requests additional resources beyond the first 2 hours, 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 suppression, 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. (Delete options that are not used.) 8. (Optional) May replace or reimburse the Fire Department for the cost of Class A firefighting foam used on wildland fires, with final approval of the DNR Forester. 9. (Optional) Loan wildland firefighting tools, as available, to the Fire Department. V. REIMBURSEMENT POLICIES: Resolution No. 2009 -23 NA- 01966 -04 3 -1 -2008 Page 4 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 wildland fire suppression lasting more than two (2) hours. For billable fire, lasting more than two hours, the fire department will be compensated at a flat rate of $350.00 for the first two hours beginning at the initial response time. 3. For hourly billing of equipment requested by DNR Forestry, 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 action on the fire, the Fire Department shall not submit a bill. 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. Fire Department: /s/ Date: Title: State of Minnesota Department of Natural Resources: /s/ Date: Area Forester /s/ Date: Regional Forest Manager (if required) Resolution No. 2009 -23 NA- 01966 -04 3 -1 -2008 Page 5 2009 Suggested Rates for Minnesota Fire Department Equipment & Personnel Under Agreement with the Minnesota Department of Natural Resources, Division of Forestry Suggested Type of Equipment Department Equipment Rates # of Crew Members Equipment Rate/Hour 1st 2 hrs as noted in agreement as needed $350 /2 hours Engine Type 1 4 $300 Engine Type 2 3 $200 Engine Type 3 3 $150 Engine Type 4 3 $150 Engine Type 5 3 $125 Engine Type 6 2 $100 Engine Type 7 2 $80 Water Tender Type 1 2 $200 Water Tender Type 2 2 $175 Water Tender Type 3 2 $150 Water Tender Type 4 2 $100 Fire Fighters 1 $15 Fuel furnished by Fire Department. Federal Excess Property vehicles should be charged at a rate between '/2 to 3/4 of the rate, depending on additional equipment and capabilities. Departure from the above rates requires Regional Forest Manager approval. Minimum Components Standards 1 2 for Engine 3 Types 4 5 6 7 Pump Capacity (GPM) at rated pressure (psi) 1000+ 150 250+ 150 150 250 50 100 50 100 30 100 10 100 Tank Capacity (Gal.) 400+ 400+ 500+ 750+ 400- 750 150- 400 50- 200 Hose, 2 1 /2" (feet) 1200 1000 - - - - - Hose, 1 1 /2" (feet) 400 500 500 300 300 300 - *Hose, 1" (feet) - - 500 300 300 300 200 Ladder (feet) 48' 48' - - - - - Heavy Stream (GPM) 500 - - - - - - Personnel (minimum #) Minimum Standards 4 3 2 2 2 2 2 Pump, GPM 300 200 200 -- Tank Cap. / Gallons 5000+ 2500+ 1000+ <1000 Personnel (minimum #) 2 2 2 2 Resolution No. 2009 -23 Page 6 NA- 01966 -04 3 -1 -2008 * Not necessary to meet minimum requirement for 1" hose, unless contracting to go outside of home area, as a wildland engine on a wildland incident or assignment where National Wildfire Coordinating Group (NWCG) standards are required. *Standby rates shall be equal to '/z of the work rate, and shall apply only if equipment and personnel are ordered by the DNR to be staged and available for immediate action. The above rates have been agreed upon by: Fire Department /s/ Area Forester /s/ Fire Chief /s/ Regional Forest Manager (if required) Rate Schedule Instructions: Date: Date: Date: DNR Area 1. In Anoka County, fire departments agreed that only fires lasting over 2 hours shall be billable. The first 2 hours on a billable fire would be at the $350 rate. After that time, with DNR Forestry's approval, the per piece of equipment per hour rates would apply. On DNR administered lands, bills may be submitted from the time of initial response.