HomeMy WebLinkAbout15. 17-311 JUNE 27, 2017 17-311 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE MUTUAL AID AGREEMENT FOR SUPPRESSION OF
FOREST FIRES WITH THE STATE OF WISCONSIN DEPARTMENT
OF NATURAL RESOURCES
INITIATED BY: FIRE DEPARTMENT
WHEREAS, the State of Wisconsin Department of Natural Resources has requested
the Oshkosh Fire Department to enter into a Mutual Aid Agreement for Suppression of
Forest Fires; and
WHEREAS,if the Fire Department participates in said Agreement, they are eligible
for grants for fire equipment from the State of Wisconsin Department of Natural Resources
and reimbursement of expenses for participation.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the attached Mutual Aid Agreement for Suppression of Forest Fires with the
State of Wisconsin Department of Resources 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.
TO: Honorable Mayor and Members of the Common Council
FROM: Tim Franz, Fire Chief
DATE: June 18, 2009
RE: Request to Approve Fire Department Mutual Aid Agreement with Wisconsin Department of
Natural Resources
BACKGROUND
Fire departments have relied on mutual aid for large incidents and disasters for some time and have been
improving the agreements and systems for engaging this assistance. The Wisconsin Department of Natural
Resources (DNR) partners with many communities to assist them in through mutual aid in the event of large
wildland fire incidents. The majority of fire departments in the state are already a party to this agreement. We
are already members of the Wisconsin Mutual Aid Box Alarm System or MABAS and could also be requested
through that system. The DNR agreement however, offers reimbursement for expenses and access to an
equipment grant program, that MABAS does not.
ANALYSIS
The City of Oshkosh already enjoys a mutual aid agreement with all of the fire departments in Winnebago
County and as previously stated the MABAS system. This agreement is very similar and also offers the same
safeguards such as the right of refusal if the situation in our jurisdiction is not favorable at the time of the
request for giving aid. The agreement limits our aid to the DNR at one fire engine company or one brush/grass
fire unit. This falls within our guidelines and MABAS of not committing more than 20% of our resources to
assist another jurisdiction.
FISCAL IMPACT
There is no cost to the City for entering into this agreement. In the event of a response we would be receive
payment for our personnel and equipment that we would otherwise receive no payment for under mutual aid.
By being a party to this agreement we also become eligible for fire equipment grant through the Wisconsin
DNR
RECCOMENDATION
I recommend that City become a party to this agreement which opens the City to grant opportunities and in
the rare event we may be called for a forest/wildland fire mutual aid response, we would receive some
funding for our response cost .Please direct any questions regarding this matter to the Fire Chief.
Respectfully Subm' ted,
Timothy Franz
Fire Chief
Approved:
M k Rohloff
City Manager
City Manager • Mark A. Rohloff
City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5002 http://www.ci.oshkosh.wi.us
State of Wisconsin
Department of Naturai.Resources
PO Box 7921, Madison WI 63707-7921
dnr.wi.gov
Fire Department / DNR Memorandum
of Understanding for Mutual Aid and
Fire Suppression Services
Form 4300-061 (R 12/11) Page 1 of 5
Notice: Collection of this information is authorized pursuant to s. 26.145, Ws. Stats.; Chapter NR 47, subch. I and Vlll, Ws. 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.).
j0 r
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 #
REESER
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, 23.11 and 26.11(4), Ws. 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 RNR 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, cut over 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, cut over or other lands (as defined in s. 26.11(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. ECS 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" are those fires that:
L Do not spread from predetermined limits;
ii. Cannot be found;
iii. Are false alarms;
iv. Are structural fires; or
v. Are vehicular fres.
h. A project fire means an extended attack forest fire requiring state wide resource deployment by the DNR.
"Reportable Fires" are all others not listed in sub. 1. d.
Fire Department/ DNR Memorandum
of Understanding for Mutual Aid and
Fire Suppression Services
Form 4300-061 (R 12/11) 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 that enables institutions and agencies with different legal, geographic, and
functional responsibilities to coordinate, plan, and interact effectively
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 section 26.11, Wis. Stats.
b. DNR may assist the Fire Department when resources are available, as authorized by section NR 1.23, Wis. Adm.
Code and section 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 owned 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 put
out 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 put out 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 fires 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 "Fireground Blue."
Fire Department 1 DNR Memorandum
of Understanding for Mutual Aid and
Fire Suppression Services
Form 4300-061 (R 12/11) Page 4 of 5
I. No payment will be made by DNR for runs that are not reportable forest 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 found
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. A project fire
means an extended attack forest fire requiring state wide resource deployment by the DNR.
12. PAYMENT
a. SCHEDULE - Payment for engines and personnel used in forest fire suppression shall be made according to the
following schedule:
(€) Engines that pumped for active forest fire suppression $751hour
(ii) ATVs, UTVs and similar equipment that pumped for active forest fire suppression $351hour
(iii) Fire Department personnel that provide suppression assistance on the fire. $101hour
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 section 102.07(7), Ws.
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 section 893,82 or 895.46, Wis. Stats., or as otherwise established by the State
Claims 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 DNR's Forestry personnel for the
area described in the Agreement shall be developed.
Fire Department I DNR Memorandum
of Understanding for Mutual Aid and
Fire Suppression Services
Form 4300-061 (R 12/11) Page 3 of 5
b. It is recommended that Fire Departments respond to forest fires with'frefighters 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 fres occurring
outside the limits of incorporated villages and cities.
Q. In Cooperative Areas, Fire Department suppression services compensation only applies to forest fires originating
on DNR owned 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.
9. BILLING PROCEDURE
a. The Fire Department, 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.
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.
Fire Department / DNR Memorandum
of Understanding for Mutual Aid and
Fire Suppression Services
Form 4300-061 (R 12/11) Page 5 of 5
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.
18. 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 Team Leader
Signature of Fire Chief
Signature of Other Authorized Representative
Date Signed
Fire Department I Date Signed
Date Signed