HomeMy WebLinkAbout#10 - Fire Protection Contract with DNR1 STAFF REPORT
DATE: March 19, 2019
CONSENT
TO: City Council
FROM: Greg Malmquist, Fire Chief
AGENDA ITEM: Approval of MN DNR “Division of Forestry and the Lake Elmo Fire
Department Cooperative Fire Protection Contract”
REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND:
This contract will not change the current response available to us from the MN DNR for the purpose of
Wildland Fire Extinguishment. What it does do is formally recognize the working arrangement between
the two agencies and provides us the opportunity to submit invoicing to the State of MN to recover costs
in the event of a large scale wildland fire at any time during the five year period.. To date we have not had
this ooportunity.
ISSUE BEFORE COUNCIL:
Should the Council approve the MN DNR “Division of Forestry and the Lake Elmo Fire Department
Cooperative Fire Protection Contract”?
PROPOSAL DETAILS/ANALYSIS:
Staff is recommending the Council approve this contract.
This contract places us under no obligation, does not change our response capabilities, but affords us the
opportunity to recover Wildland Suppression costs, should the opportunity arise.
FISCAL IMPACT:
Could provide the opportunity to receive reimbursement.
OPTIONS:
1) Make motion to approve contract.
2) Do not make motion to approve.
RECOMMENDATION:
If removed from consent agenda:
Motion to approve the MN DNR “Division of Forestry and the Lake Elmo Fire Department
Cooperative Fire Protection Contract”
ATTACHMENTS:
Copy of Agreement
NA-01966-06 4-8-2013
Fire Department Cooperative Agreement
Minnesota Department of Natural Resources
Division of Forestry and the Lake Elmo Fire Department
Cooperative Fire Protection Agreement
Agreement Number: (FDID#82107)
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 Lake Elmo 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.
NA-01966-06 4-8-2013
Fire Department Cooperative Agreement
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.
(Delete options that are not used.)
8. (Optional) 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:
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
NA-01966-06 4-8-2013
Fire Department Cooperative Agreement
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
NA-01966-06 4-8-2013
Fire Department Cooperative Agreement
Fire Department Cooperative Agreement Rate Schedule
ITEM DESCRIPTION
(include NWCG type, make, model, year, serial number and special
features, such as 4X4,CAF or foam proportioners)
NUMBER
OF
PERSONNEL
W/
EQUIPMENT
WORK RATE * STANDBY RATE
a. rate
(includes
personnel)
b. per unit
(hour, etc.)
a. rate* b. unit
(hour, etc.)
a. Engine 1, 1997 General, 1FV6JLCB9WH889885, carries 750
gallons of water, 5 person cab, 1250 gpm pump, rescue capabilities
5 $275.00/hr.
b. Tender 1, 1987 Luverne, 1HTLDDDR9HH527794, 1600 gallons
of water, drop tank, 500 gpm PTO pump, pump and roll
2 $190.00/hr.
c. Pumper/Tender 2, 2007 General/Spartan, 4S7AX2F996C055229,
2750 gallons of water, foam, drop tank, 1600 gpm pump, 6 person
cab
4 $275.00/hr.
d. Brush 1, 2001 Ford F-350 w/skid unit, 3FTSW31F91MA51118,
150 gallons of water, 5 person crew cab.
2 $85.00/hr.
e. Brush 2, 2004 Ford F-350, 1FDSF31PX4EC24675, 250 gallons
of water, foam
2 $85.00/hr.
f. UTV 1 , 2009 Polaris 6x6, tracked vehicle,
4XARF68A794733391, Skid unit, 50 gallons water w/foam, patient
transport
2 $85.00/hr.
g. Boat 1, 2007 Mercury inflatable w/25 hp.
2 $75.00/day
h. Portable/floating pump,
i.
Additional Requested firefighters
Each
$15.00/hr.
Per hour
per
firefighter
Same
as work
rate
Per hour
per
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:
a. Run charge of $350.00 per Run, for up to 2 hour response. After two hours, equipment
or personnel requested by the DNR will be charged at the rates in the above Rate
Schedule. .
The above rates have been agreed upon by:
Lake Elmo Fire Department _______________________ DNR Area
/s/________________________________ Date: _______________________ Area Forester
/s/________________________________ Date: _______________________ Fire Chief
/s/ ________________________________ Date: _______________________ Regional Forest Manager (if required)
NA-01966-06 4-8-2013
Fire Department Cooperative Agreement
NA-01966-06 4-8-2013
Fire Department Cooperative Agreement