Res 2015-23 Fire-DNR Agreement
CITY OF FRIDLEY
MINNESOTA
RESOLUTION NO. 2015 - 23
A RESOLUTION AUTHORIZING ADOPTION AND EXECUTION OF A MUTUAL AID
AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF NATURAL 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 shown in Exhibit
1 and hereby authorizes the City Manager and the Fire Chief to execute said agreement.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
TH
13 DAY OF APRIL 2015.
__________________________
SCOTT J. LUND, MAYOR
ATTEST:
_______________________________
DEBRA A. SKOGEN, CITY CLERK
Resolution No. 2015-23 Page 1
Exhibit 1
4-8-2013
NA-01966-06
Minnesota Department of Natural Resources
Division of Forestry and the Fridley Fire Department
Anoka County Cooperative Fire Protection Agreement
Agreement Number: (
1534402308)
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 Fridley 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.
Resolution No. 2015-23 Page 2
Exhibit 1
4-8-2013
NA-01966-06
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.
Submit an invoice to the DNR within 30 days of an incident for which the fire
7.
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
Invoices must be submitted within thirty (30) days of the fire(s).
apply.
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.
8.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.Loan wildland firefighting tools, as available, to the Fire Department.
Resolution No. 2015-23 Page 3
Exhibit 1
4-8-2013
NA-01966-06
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 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.
Fire Department:
/s/ __________________________________________ Date: ________________________
Title: ________________________________________
State of Minnesota
Department of Natural Resources:
/s/ __________________________________________ Date: ________________________
Area Forester
Resolution No. 2015-23 Page 4
Exhibit 1
4-8-2013
NA-01966-06
Fire Department Cooperative Agreement Rate Schedule
ITEM DESCRIPTION WORK RATE * STANDBY RATE
NUMBER
OF
a. rate b. per unit a. rate* b. unit
PERSONNEL
(include NWCG type, make, model, year, serial number and special
(includes (hour, etc.) (hour, etc.)
W/
features, such as 4X4,CAF or foam proportioners)
personnel)
EQUIPMENT
a.
b.
c.
d.
e.
Per hour Per hour
i. Same
as work
Each per per
Additional Requested firefighters
rate
firefighter firefighter
*Standby rates shall be equal to ½ 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.
Special Rates:
In Anoka County, fire departments agreed that only fires lasting over 2 hours shall
1.
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.
The above rates have been agreed upon by:
_________________________Fire Department _______________________ DNR Area
/s/________________________________ Date: _______________________
Area Forester
/s/________________________________ Date: _______________________
Fire Chief
/s/ ________________________________ Date: _______________________
Regional Forest Manager (if required)
Resolution No. 2015-23 Page 5
Exhibit 1
4-8-2013
NA-01966-06
Incident Invoice Schedule for Equipment Standards and Hourly Rates
For the City of Fridley
Fridley City Code
Chapter 131. Fire Department Service Charges.
131.05 INCIDENT INVOICE SCHEDULE
Engine Crew of 4 $400 per hour
Ladder Truck Crew of 4 $500 per hour
Grass Truck Crew of 4 $150 per hour
Rescue Truck Crew of 2 $100 per hour
Fire Fighter One Current hourly rate
Fire Officer One Current hourly rate
Resolution No. 2015-23 Page 6
Exhibit 1
4-8-2013
NA-01966-06