HomeMy WebLinkAbout10. 20-308 JULY 14, 2020 20-308 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE AGREEMENT FOR MUTUAL AID AND FIRE
SUPPRESSION SERVICES WITH THE WISCONSIN
DEPARTMENT OF NATURAL RESOURCES (WDNR)
INITIATED BY: OSHKOSH FIRE DEPARTMENT
WHEREAS, the Oshkosh Fire Department has previously been a party to the
Mutual Aid and Fire Suppression Services Agreement with the Wisconsin Department of
Natural Resources (WDNR); and
WHEREAS, WDNR is requesting participants to enter into an updated agreement
for these services; and
WHEREAS, the costs related to response to requests for aid are reimbursable
through the State of Wisconsin and the updated agreement provides for increased
reimbursement rates approved by the State Legislature.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the attached Fire Department / DNR Memorandum of Understanding for
Mutual Aid and Fire Suppression Services is hereby approved and the proper City
officials are hereby authorized to execute and deliver the agreement in substantially the
same form as attached hereto, any changes in the execution copy being deemed approved
by their respective signatures, and said City officials are authorized and directed to take
those steps necessary to implement the terms and conditions of the Agreement. The
proper City officials are hereby authorized and directed to provide any and all
information required and to execute any and all documents required by WDNR for the
purposes of same, and are further authorized and directed to accept grant funds pursuant
to the terms of the Agreement.
4
Oshkosh
TO. Honorable Mayor & Members of the Common Council
FROM: Mike Stanley, Fire Chief
DATE. June 29, 2020
RE. Approve Agreement for Mutual Aid &Fire Suppression with the Department of Natural
Resources (DNR) and the Oshkosh Fire Department.
BACKGROUND
The Oshkosh Fire Department(OFD) has had an agreement with the Department of Natural Resources
(DNR). The DNR desires to update the agreements statewide since they are eight years old. The
updated agreement allows for increased reimbursement rates approved by the State legislature. It also
allows for reimbursement for departments assisting with prescribed burns.
ANALYSIS
The City of Oshkosh has a very low wildland urban interface profile and the occurrences of wildland,
vegetation, and grass fires is very low The updates will have very low impact on the fire department
operations. However, the agreement does allow for options in the event these type of incidents should
occur Most importantly, this agreement keeps the City of Oshkosh and OFD eligible to receive funding
from the Forest Fire Protection Grant.
FISCAL IMPACT
No negative fiscal impact to the City of Oshkosh is anticipated. Future financial gains are anticipated. In
2019, OFD received $5,837.50 from this grant program. An application for the 2020 grant cycle has
already been submitted. Funding requests in subsequent years will be very likely as well.
RECOMMENDATION
The recommendation would be that Common Council approve updating this agreement with the
Department of Natural Resources (DNR) so that we can continue our agreement and remain eligible for
grants.
Respectfully Submitted, Approved.
4A7i c •
Mike Stanley Mark Rohloff
Fire Chief City Manager
State of Wisconsin
DEPARTMENT OF NATURAL RESOURCES
Waupaca Forestry Office Tony Evers, Governor
N2480 Hartman Creek Road Preston D. Cole, Secretary
Wau aca WI. 54981 Telephone 608-266-2621
p Toll Free 1-888-936-7463 WiSCONSIN
TTY Access via relay-711 DEPT.OF NATURAL RESOURCES
June 11, 2020
Dear Chief,
This letter is in reference to the forest fire suppression agreements in place between the Department of Natural
Resources(DNA)and Fire Departments(FDs)across Wisconsin. The DNR would like to update all of these
agreements at this time. The reason for this action is threefold:.
• The state legislature approved increased reimbursement rates for FD suppression efforts on forest fires.
Updating the agreements applies these rates equally for all FDs.
• The Department has authorized compensation of FD resources for assisting with prescribed burns on
DNR lands with permission of the DNR Burn Boss and Fire Chief.
• The forest fire suppression agreements in place were 8 years old. Updating all of the agreements at one
time sets a standard timetable for updates in the future.
Enclosed is the new agreement; Fire Department(DNR Memorandum of Understanding for Mutual Add and
Fire Suppression Services. This agreement will apply to all FD forest fire suppression efforts in DNR fire
protection areas,extensive or intensive(see map). This agreement applies also to FD forest fire suppression
efforts only on DNA owned lands in the Cooperative fire protection areas(see map).
Forest Fire Protection
*•' Intensive
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Extensive
Co-op
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There are three questions that each FD must answer on the new agreement. The questions pertain to billing the
DNR for fire suppression services on initial/extended attack fires; and assistance with prescribed burning on DNR
lands. Initial attack fires are defined as the first hour of forest fire suppression. Extended attack fires are defined
as those fires that additional resources are necessary to control the forest fire and is generally when suppression
efforts exceed one hour.
I
I
do r.wi.gov PRINTED
wisconsin.gov Naturally WISCONSIN "°N RECYClF°
PARER
Page 2
To bill or not to bill,that is the question.. Choosing not to bill the DNR for initial attack has several advantages:
• An extra 10 points scoring on the Forest Fire Protection Grant. These extra points are used in the
funding category where the grant funds run out, usually in the communications category. That is,the
higher scoring grant applications get all of their communications requests funded first before lower
scoring applications.
• The DNR does not pass on a FD suppression bill to the citizen involved with the fire. Fire
Departments will still have the ability to pass on suppression costs through the billing system they
may have in place.
• There is less paperwork involved with a fire call.
The old fire suppression agreements between DNR and FDs will remain in effect until a new agreement is signed.
The new agreements will be in effect as soon as signatures are obtained. Fire departments will be eligible for the
new reimbursements rates after the new agreement is in effect. Recall that a signed fire suppression agreement is
a requirement of eligibility for the Forest Fire Protection Grant program.
Please review the new agreement and obtain the authorized signatures as soon as possible. Thank you for your
time and effort in partnering with the DNR-Division of Forestry in the important endeavor of protecting
Wisconsin's citizens,property, and resources from the ravages of forest fires.
For additional information or questions,please feel free to contact me at(715)258-4780 or
tirnothy.banaszak@wisconsin.gov.
Please return a signed copy of the agreement to rage by July 27, 2020:
Tim Banaszak
Waupaca Forestry Office
N2480 Hartman Creels Road
Waupaca, WI. 54981
Or
timothy.banaszak@wisconsin.gov
wisconsin.gov
Sincerely,
Tun Banaszak
Forestry Technician
State Wisconsin Fire Department 1 DNR Memorandum
Department
t of of Natural Resources p
PO Box 7921,Madison WI 53707-7921 of Understanding for Mutual Aid and
dnr.wi.gov Fire Suppression Services
Form 4300-061 (R 12/19) Page 1 of 5
Notice:Collection of this information is authorized pursuant to s.26,145,Wis. Stats.;Chapter NR 47, subch. I and VII I,Wis,Adm. Code;
Cooperative Forestry Assistance Act of 1978, Section 10(b)2 as amended;and 16 U.S.C.2101-2114. Personal information collected will
be used for administrative purposes and may be provided to requesters to the extent required by Wisconsin's Open Records laws(ss.
19.32-19.39,Wis.Stats.).
Fire Department Name Check one
❑ In DNR Fire Protection Area
❑ In Cooperative Area
Address Phone Number(include area code)
City State ZIP Code Tax ID#
THIS AGREEMENT is entered into by and between the above-listed fire department (the Fire Department), and the State
of Wisconsin Department of Natural Resources (DNR), for the suppression of forest fires within each party's respective
jurisdiction in DNR Protection Area and/or on land owned by the DNR (DNR Land) in Cooperative Area.
WHEREAS, s 26.11, Wis. Stats., vests the DNR with the power, authority, and jurisdiction in all matters relating to
prevention, detection, and suppression of forest fires outside the limits of incorporated villages and cities and s. 23.09(4),
Wis. Stats., and s. NR 1.23, Wis. Adm. Code, authorize the DNR to render assistance in case of emergencies.
WHEREAS, the DNR and the Fire Department pursuant to ss. 23.09(1)(2), 23.11 and 26.11(4), Wis. Stats., desire to
cooperate in the suppression of fires; it is agreed by and between the DNR and the Fire Department as follows:
1. DEFINITIONS
a. "Cooperative Area" means the areas of the State outside the DNR Protection Areas where Fire Departments have
primary forest fire initial attack responsibilities.
b. "DNR Protection Area" are the areas of the state defined by ss. NR 30.01 and NR 30.02, Wis. Adm. Code, as
intensive or extensive.
c. "Extended Attack" occurs when resources beyond those designated for initial attack must be dispatched to an
incident or when extensive mop-up is required. This is generally when suppression efforts exceed one hour.
d. "Forest Fire" means an uncontrolled, wild or running fire occurring on a forest, marsh, field, cutover or other lands
or involving farm, city, or village property and improvements incidental to the uncontrolled, wild or running fire
occurring on forest, marsh, field, cutover or other lands (as defined in s. 26.01(2), Wis. Stats.).
e. "Incident Command System" means a set of personnel, policies, procedures, facilities, and equipment, integrated
into a common organizational structure designed to improve emergency response operations of all types and
complexities. ICS is a subcomponent of the National Incident Management System (NIMS), as released by the
U.S. Department of Homeland Security in 2004.
f. "Initial Attack" is defined as the first hour when suppression efforts are needed.
g. "Non-reportable Fires" include incidents involving:
i. Burning activity that does not spread from predetermined limits.
ii. Fires that cannot be located.
iii. False alarms.
iv. Structural fires.
v. Vehicular or equipment fires.
h. "Project fire" means an extended attack forest fire requiring state-wide resource deployment by the
DNR.
i. "Reportable Fires"are all other fires not listed in section. 1. g.
Fire Department! DNR Memorandum
of Understanding for Mutual Aid and
Fire Suppression Services
Form 4300-061 (R 12/19) Page 2 of 5
j. "Suppression" means the action of the responding agency(ies) beginning with initial attack and continuing through
control of the forest fire, mop-up, and until the forest fire is out.
k. "Unified Command" means a system of command that enables institutions and agencies with different legal,
geographic, and functional responsibilities to coordinate, plan, and interact effectively.
1. "ATV" (all-terrain vehicle) and "UTV" (utility terrain vehicle) include equipment that is a manufactured motor driven
device capable of off-road use. Vehicles cannot meet the federal motor vehicle safety standards.
2. RESPECTIVE RESPONSIBILITIES
a. The DNR is responsible for the suppression of all forest fires and protection and suppression of any improvements
threatened by forest fires as defined previously in s. 26.11, Wis. Stats.
b. DNR may assist the Fire Department when resources are available, as authorized by s. NR 1.23, Wis. Adm.
Code and s. 26.11(1), Wis. Stats
c. Within DNR Protection Areas, the DNR may request the assistance of the Fire Departments to provide forest fire
suppression, as well as structural protection.
d. Outside of DNR Protection Areas, in the Cooperative Areas the Fire Departments may request the assistance of
the DNR to provide additional resources and support in forest fire suppression and Fire Departments have been
delegated the authority on DNR-awned lands for fire suppression actions by virtue of this Agreement.
e. Structural and vehicular fires are the responsibility of the Fire Department, but the Fire Department may request
DNR equipment and personnel to assist with the structural and vehicular fire or when there is danger of a forest
fire being caused by the structural or vehicular fire.
3. REPORTING FIRES
a. The Fire Department agrees to make every effort to immediately notify the DNR of forest fires, or fires which may
become forest fires that are burning or threatening DNR protection areas or DNR Lands. If immediate notification
cannot be made, the Fire Department shall report the location of the fires, and the action taken, to the DNR as
soon as possible, but no later than 24 hours from its knowledge of the forest fires.
b. If the Fire Department is unable to contact the DNR, it shall take immediate, independent action to effectively
suppress the forest fire.
c. If it is uncertain whether a reported forest fire is within a DNR protection area or on DNR land due to the fire's
proximity to the boundary line, the Fire Department or DNR shall notify the other party. If the Fire Department or
DNR is unable to contact the other party, it shall take immediate, independent action to effectively suppress
the forest fire, as soon as practicable. Thereafter, it shall notify the other party and report the location of the fire
and the action that was taken.
d. The DNR agrees to notify the Fire Department through County Dispatch if they become aware of a structure or
vehicular fire within the Fire Department's jurisdiction.
4. COMMAND AT FIRES
The Incident Command System will be used at all forest fires, When the Fire Department is the first to arrive at the
scene of a forest fire within a DNR protection area or on DNR land, the Fire Department shall establish incident
command and begin initial attack. Command of the incident may be transferred to a qualified DNR incident
commander upon arrival. A Unified Command structure is encouraged when deemed appropriate. If DNR does not
arrive on scene, or is called to another incident, the Fire Department shall maintain command of the forest fire until out.
5. OUTSIDE ASSISTANCE
A DNR designated employee shall be consulted when in attendance by the chief officer of the Fire Department before
calling in additional crews and equipment or outside fire departments for forest tires originating and occurring in DNR
protection areas or on DNR lands. The incident commander is responsible for releasing the additional crews or
equipment as soon as possible.
6. EQUIPMENT AND PERSONNEL REQUIREMENTS
a. The DNR and the Fire Department agree to have available and utilize firefighting units suitable for suppressing
forest fires. Responding units should be equipped with forest fire fighting hand tools and equipment. All
responding units shall be equipped with a radio that contains a common frequency with the local DNR fire units,
such as"Fire-ground Blue."
i
Fire Department/ DNR Memorandum
of Understanding for Mutual Aid and
Fire Suppression Services
Form 4300-061 (R 12119) Page 3 of 5
b. It is recommended that Fire Departments respond to forest fires with firefighters that have successfully completed
BASICS OF WILDLAND FIRE SUPPRESSION FOR RURAL FIRE DEPARTMENTS in accordance with NFPA
1051 standards, which is an 8-hour course taught by DNR personnel and available to all Fire Departments.
c. Firefighters shall wear protective clothing on all forest fires. It is recommended that protective clothing meets the
1977 NFPA standard on protective clothing and equipment for forest fire fighting including, as a minimum, Nomex
shirts, pants or coveralls, boots, hardhat or helmet, and leather gloves. Use of web belts and fire shelters are also
recommended for additional protection. Structural turnout gear should be available on each unit for every
firefighter in the event there is a structural fire.
7. FIRE SUPPRESSION SERVICES AND COMPENSATION
a. The Fire Department agrees to provide suppression services on forest fires, if its resources are available,
whenever it is requested to respond by DNR or through established dispatch procedures. The DNR agrees to
provide suppression services on forest fires, when resources are available, if requested by the Fire Department or
through established dispatch procedures.
b. In DNR Protection Areas, Fire Department suppression services compensation applies to all forest fires occurring
outside the limits of incorporated villages and cities.
c. In Cooperative Areas, Fire Department suppression services compensation 2Jy applies to forest fires originating
on DNR owned lands.
d. On all State lands and lands under DNR management, Fire Department compensation for invited assistance for
prescribed burning on DNR managed lands.
8. COMPENSATION
The Fire Department must choose one compensation option from each of the following response categories below.
Choose an option from each response category and check the selected option box.
NOTE: The person(s) responsible for causing the forest fire may be billed by DNR for all suppression costs,
including those incurred by the Fire Department, that are billed to DNR.
a. INITIAL ATTACK:
Compensation for providing initial attack forest fire suppression, (including building protection) on forest fires
within the Fire Department's area of jurisdiction. Initial attack is defined as the first hour of forest fire suppression
services. (Choose one):
❑ Option 1. No payment for providing forest fire suppression on all initial attack forest fires.
❑ Option 2. Receive payment for providing forest fire suppression on all initial attack forest fires.
b. EXTENDED ATTACK:
Compensation for providing extended attack forest fire suppression, (including building protection) on forest fires
either in or outside the Fire Department's own area of jurisdiction. Extended attack is defined as forest fire
suppression services after the first hour(Choose one):
❑ Option 1. No payment for providing forest fire suppression on all extended attack forest fires.
❑ Option 2. Receive payment for providing forest fire suppression on all extended attack forest fires.
c. PRESCRIBED BURNING:
Compensation for assistance with DNR for prescribed burning activities.
❑ Option 1. No payment for proving prescribed burn assistance on prescribed burns on DNR
managed lands.
❑ Option 2. Receive payment for proving prescribed burn assistance on prescribed burns on DNR
managed lands.
9. BILLING PROCEDURE
a. Fire Dept, township, or governing body agrees not to directly bill any landowner, responsible party or governmental
body for forest fire suppression service costs paid by the DNR for services consistent with this Agreement.
Fire Department 1 DNR Memorandum
of Understanding for Mutual Aid and
Fire Suppression Services
Form 4300-061 (R 12/19) Page 4 of 5
b. If the Fire Department bills the DNR for fire suppression costs; (a) the bill shall be prepared on the appropriate
form, and (b) the bill shall be presented no later than 14 days following the date on which the fire suppression
was completed. Failure to meet this deadline may jeopardize the payment of the bill.
c. If the Fire Department submits a bill for services rendered in suppressing a forest fire it shall be
paid by the DNR subject to the following limitations.
i. No payment will be made by DNR for runs on or associated with non-reportable fires, Examples include,
but are not limited to:
Burning activity covered by a legal burning permit.
Burning activity not covered by a legal burning permit but has not escaped control.
Cannot be located.
False alarms.
Structural fires.
Vehicle fires.
Cooking or warming fires.
ii. No payment will be made by DNR for forest fire suppression actions where the Fire Department provides no
suppression services.
10. RECOMMENDED STAFFING
a. The recommended staffing and equipment for initial attack forest fire suppression operations is as follows:
1 4x4 brush rig (ICS Type 5-7 Engine);
1 engine (or a tender(tanker)with pumping capabilities, ICS Type 1-4 Engines);
6 forest fire trained firefighters
b. During periods of very high or extreme fire danger, more personnel and equipment than listed above may be
required for the initial response.
c. Should the Fire Department respond with more than the recommended or requested dispatch, only that
equipment and personnel needed and actually used for suppression will be compensated at the predetermined
rate. Compensation for additional equipment and personnel may not be made to the Fire Department unless the
DNR agrees it was reasonably necessary for suppression.
11. STAFFING FOR STRUCTURAL PROTECTION
Staffing and equipment dispatched for structural protection on project fires is Fire Department specific.
12. PAYMENT
a. SCHEDULE - Payment for engines and personnel used in forest fire suppression or prescribed burning shall be
made according to the following schedule:
(i) Engines that pumped for active forest fire suppression or prescribed burning
$1001hour.
(ii) ATVs, UTVs and similar equipment that pumped for active forest fire suppression or prescribed
burning $50lhour.
(iii) Fire Department personnel that provide suppression assistance on the forest fire or prescribed
burning $12.25lhour.
b. CALCULATION OF PAYMENT- Following the first hour of suppression service, bills submitted shall be calculated
to the nearest % hour. Service begins when the engine leaves its station, and continues until it returns to its
station when suppression action was taken by the Fire Department.
13. LIABILITY
The Fire Department, its employees, agents, and members, shall not be deemed employees or agents of the DNR for
any purpose, including worker's compensation. Worker's compensation coverage for the employees, agents, and
members of the Fire Department shall be provided by the Fire Department in accordance with s. 102.07(7), Wis. Stats.
In addition, the DNR shall not be liable for any damage to, or destruction of, vehicles or suppression equipment beyond
that liability established in ss. 893.82 or 895.46, Wis. Stats., or as otherwise established by the State Claims
Fire Department/ DNR Memorandum
of Understanding for Mutual Aid and
Fire Suppression Services
Form 4300-061 (R 12119) Page 5 of 5
Board and approved in accordance with statutes.
14. COORDINATION
a. A written outline of routine communication procedures, notification procedures, together with maps and rosters of
on-call personnel, should be jointly prepared by and between the Fire Department and the DNR.
b. A current contact list of the names, addresses and telephone numbers of the DNB's Forestry personnel for the
area described in the Agreement shall be developed.
15. TERMINATION
This Agreement shall be binding upon the parties hereto until six months following written notice of termination by
either party. Either party reserves the right to cancel this Agreement in whole or in part without penalty. The DNR
reserves the right to cancel this Agreement in whole, or in part, without penalty, due to non-appropriation of funds or
failure of the Fire Department to comply with the terms, conditions, or specifications described.
16. NONDISCRIMINATION
The Fire Department agrees not to discriminate against any employee or applicant for employment because of age,
race, religion, color, handicap, sex, physical condition, developmental disability, as described in s. 51.01(5), Wis.
Stats., sexual orientation or national origin. This provision shall include, but not be limited to, the following;
employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship. The Fire Department agrees to
post in conspicuous places, availability for employees and applications for employment, notices to be provided by the
contracting officer setting forth the provisions of the nondiscrimination clause.
17. ASSIGNMENT
This Agreement may not be assigned or subcontracted in part or in whole without written approval from the DNR and
may only be changed or amended in writing.
18. PARTIES
a. In this Agreement, the DNR and the Fire Department includes its successors, their respective officers, employees,
agents, directors, subcontractors, assignees, partners, and representatives.
b. This Agreement and its referenced parts and attachments, shall constitute the entire Agreement and previous
Agreements, whether written or oral, are hereby superseded.
19. AMENDMENT
Any revisions must be made by an amendment to this Agreement or other written documentation, and signed by both
parties. This Agreement shall commence upon its signing by both parties and continue until termination under
paragraph 15.
20. AUTHORIZATION
Each person signing this agreement, personally warrants and represents that he or she is authorized by his or her
principal to bind the party for whom he or she is signing.
DEPARTMENT OF NATURAL
RESOURCES For the Secretary
Signature of DNR Area Forestry leader Date Signed
Signature of Fire Chief Fire Department Date Signed
Signature of Other Authorized Representative Date Signed