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HomeMy WebLinkAbout2008-059 - Fire PreventionBILL NO. 2008-59 ORDINANCE N0.2008-59 AN ORDINANCE AUTHORIZING AND APPROVING THE CITY OF RIVERSIDE, MISSOURI, TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE FORESTRY DIVISION OF THE MISSOURI DEPARTMENT OF CONSERVATION PROVIDING FOR A COOPERATIVE PLAN IN RELATION TO FIRE PREVENTION DETECTION AND SUPPRESSION WHEREAS, in order to enhance and improve the City of Riverside, Missouri's (the "Cit}~') fire protection services in emergency situations, the City wishes to be able to request assistance fiom the Forestry Division of the Missouri Department of Conservation (the "District") when such assistance is needed. WHEREAS the District and the City have agreed to provide assistance to each other upon request for emergency situations where such assistance is needed; WHEREAS the City and the District have drafted a Mutual Aid Agreement setting forth the terms of the agreement; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: Section 1. This Ordinance is intended and is hereby determined and declared to be necessary to accomplish and serve the public purpose of enhancing and improving the City's fire protection services. Section 2. The City of Riverside shall enter into an agreement whereby the Forestry Division of the Missouri Department of Conservation agrees to provide assistance to the City in certain emergency situations and whereby the City agrees to provide assistance to the Forestry Division of the Missouri Department of Conservation in certain emergency situations (the "Mutual Aid Agreement"). Section 3. The execution and delivery of the Mutual Aid Agreement, in substantially the form attached hereto as Exhibit A, is approved, and the Mayor is authorized to execute the Mutual Aid Agreement and to take such other actions reasonably necessary to carry out the intent of this Ordinance on behalf of the City, the execution of the Mutual Aid Agreement being conclusive evidence of such approval. Section 4. The Mayor, the City Administrator, the City Attorney and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perfonn all matters herein authorized. Section 5. This Ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED THIS ~-'bAY F lG'LCL , 2008. r ayor Kathleen L. ose _ _~- ~ ~ ----_ Cr Clerk MUTUAL AID AGREEMENT between Forestry Division Missouri Department of Conservation And The Public Safety Department of the City of Riverside, Missouri Whereas, the Clarke-McNary Act of 1924, and the Cooperative Forestry Assistance Act of 1978, authorize and direct the State Forester to develop wildfire protection for rural areas in Missouri; and Whereas, the prevention and control of wildfires in Platte County(s) is of mutual concern to both parties, and to the State of Missouri, this Mutual Aid Agreement between the Public Safety Department of the City of Riverside, Missouri, hereinafter known as the Fire Department and the Forestry Division of the Missouri Department of Conservation, hereinafter known as the Forestrv Division, is for the purpose of defining the authority and responsibility of each of the above-named parties and providing for cooperative plans and actions for the prevention, detection and suppression of fires, and for the use and care of fire equipment and tools famished by the Forestry Division for that purpose; and Whereas, Forestry Division will be primarily responsible for the prevention, detection and the suppression of forest, grass, crop and wildland fires that may occur on lands within the state; and Whereas, the Fire Department will be primarily responsible for the prevention, detection and suppression of stmctural fires that may occur within its operational boundaries, and through this agreement, to actively suppress all forest, grass, crop and wildfires where Forestry Division forces and equipment cannot respond or are not available; and Whereas, each party will render all available assistance to the other, as practicable, in the suppression of all wildfires. The Fire Department agrees that if called by the Forestry Division to suppress or assist in suppression of a wildfire, no charge for services will be levied against the landowner; Now therefore, To implement this Mutual Aid Agreement, both parties agree to the following: Forestrv Division agrees: 1. To make available, based on determination of need and availability, to the Fire Department certain fire equipment and fire tools to be used in the suppression of fires, or for other such emergencies which are threatening the loss of life or property. Initial: Federal Excess Personal Prover To loan Federal Excess Personal Property (FEPP) vehicles and equipment, owned by the US Forest Service, to the Fire Department. Inventoried FEPP items assigned are listed in Appendix A and are a part of this Agreement. Such auditable equipment must be open to inspection by state and federal auditors as well as inspections periodically conducted by Forestry Division personnel. To provide consumable fire service related FEPP supplies to the Fire Department for use in their official operations. To allow the Fire Department to remove any accessories, tools, or equipment, which it has added to FEPP vehicles, prior to returning them to the Forestry Division. To provide technical assistance in the use and conversion of the FEPP equipment to a fire or emergency response-ready condition. Department of Defense Firefighter's Pronertv Program: To provide through the Department of Defense Firefighter's Property Program (FFP) certain vehicles, equipment and supplies for which the Forestry Division must maintain auditable records. Accountable FFP acquired items are listed in Appendix B and are a part of this Agreement. Such auditable equipment must be open to inspection by state and federal auditors as well as periodic inspections conducted by Forestry Division personnel. To pass ownership of FFP acquired rolling stock to the Fire Department while Forestry Division retains physical possession of the title for up to 4 years past the date the vehicle is made response ready by the Fire Deparhnent. 2. To provide annually, as long as the program is viable, each Fire Department with an application for the Volunteer Fire Assistance grant program, provided the population of the Fire Department protection area is 10,000 or less. 3. To provide upon request, if available, current weather information affecting wildfire behavior. 4. To provide access to the Forestry Division online, Internet-based, wildfire reporting system and to provide field fire report books necessary for Fire Departments to report all wildfires suppressed to the Forestry Division, 5. To provide training in basic wildfire suppression techniques and wildfire safety considerations upon request from the Fire Department. ire Denartment agrees: To use fire fighting and emergency response equipment and vehicles provided through the Forestry Division under the specified guidelines. Initial 2 Federal Excess Personal PronertV: To use FEPP property only to suppress or assist in the suppression of fires and for other emergencies which threaten the loss of life or property as outlined in this agreement. To convert the FEPP vehicles into acceptable fire control units painted to match the other equipment owned by the Fire Department and affix the provided decal so that the cooperation between the Fire Department and the Forestry Division is properly indicated. Any modifications made to FEPP shall not exceed the GV WR when vehicle is fully loaded. To complete all necessary FEPP vehicle conversions as mentioned above including painting, storage and initial safety inspection within six months of acquisition. If a conversion is not completed within six months of acquisition the vehicle may be reassigned by Forestry Division to another fire department. To assist in hauling any FEPP property that is assigned to the Fire Department from a location designated by Forestry Division and to be responsible for any transportation, including return of equipment to the return point designated by Forestry Division, after the item is no longer of use to the Fire Departments. To pay any repair, operational and insurance costs associated with the use of any FEPP vehicle or equipment while it is on loan to the Fire Department. To provide secure indoor storage for all loaned FEPP equipment, maintain this equipment in good, operational condition and have equipment available for inspection during normal business hours or upon reasonable notification. To assure that any FEPP equipment in the Fire Department's possession is used only for fire suppression, and prevention. Any equipment secured under this program that is no longer useful to the Fire Department will be returned upon notification to the Forestry Division. The Fire Deparhnent agrees to not cannibalize, remove parts or in any manner render the vehicle unusable. To maintain liability insurance coverage at no less than the state mandated minimums on all FEPP vehicles obtained under this program. To maintain all motor vehicles obtained under the FEPP program with a current Missouri Motor Vehicle Inspection sticker. To acknowledge that the equipment or supplies loaned under this agreement carries no express or implied warranty and, on behalf of itself and its agents, successors and assign, agrees that it shall make no claim against the United States Government or the Missouri Department of Conservation based on any apparent or latent defect in such loaned equipment or supplies. To insure that all operators of FEPP loaned vehicles have the appropriate and valid Missouri Operators Drivers Licenses. Initial:~~ To agree to indemnify and hold harmless the United States Government and the Conservation Commission of the State of Missouri, the Missouri Department of Conservation and its agents and employees from any and all claims, or causes of action, or damages, arising out of the use or condition of the loaned equipment or supplies. Department of Defense Firefiehter's Property Program• To accept the equipment or vehicle as is and to repair, convert and equip it for fire or emergency response within six months of receipt of the item. To take ownership of and title in the Fire Department's name any rolling stock (trucks, fire engines, SUV's, etc.) acquired through the FFP program. To allow the Forestry Division to retain physical possession of the title for up to four years for rolling stock that is acquired through the FFP program and is titled in the Fire Deparhnent's name. To not be a conduit for the gassing of equipment to agencies not actively engaged in fire protection. To paint the equipment to match the other equipment owned by the Fire Department To mark FFP acquired vehicles and equipment, after it has received final painting, with a DoD FFP "in Cooperation" sticker which will be provided by the Forestry Division. To use this equipment only to assist in the suppression of fires and for response to other emergencies which are threatening the loss of life or property both within its operational boundaries and under mutual agreements with neighboring communities. To pick up this equipment at a place designated by the Forestry Division and to be responsible for all operational cost, transportation and repairs. To provide for adequate indoor storage and maintenance for this equipment and fire tools and to make same available for periodic inspections by the Forestry Division. To have in force at the time the equipment is secured and to keep in force throughout the term of this agreement insurance to cover any liabilities resulting from the use of this equipment. Any modifications made to FFP acquired vehicles shall not exceed the GV WR when vehicle is fully loaded. To remove any and all FEPP property, ie: tanks, pumps, hose, etc., that maybe affixed to the FFP acquired vehicle before the vehicle is permanently taken out of service or sold by the Fire Department. All such FEPP equipment will be return to the Forestry Division if it is no longer of use by the Fire Deparhnent. Recipients of Firefighting Property Program property will provide access to and the right to examine all records, books, papers, or documents relating to DoD firefighting property Initial: _~ hansfened under 10 U.S.C. 2576b to the Forest Service, the State Agency, and the Department of Defense including the Office of Inspector General, and the Comptroller General of the United States or their authorized representatives. 2.) Fire Reporting To submit to the local designated Forestry Division representative or designated office or via the Forestry Division's online, Internet-based, wildfire reporting system, as soon as possible and no greater than 30 days after an incident, individual wildfire reports for each forest, grass, crop or wildland fire that is suppressed, including estimated capital losses. To notify the Forestry Division's local office as soon as possible after suppressing wildfires greater than 100 acres as calculated with GPS or GIS technology, when acting as the primary responding fire department with information needed to complete the ICS-209 Incident Intelligence Summary. 3.) Fire Suppression To protect Missouri Deparhnent of Conservation lands and structures from fires within the fire department's jurisdictional boundaries and to exclude the Missouri Department of Conservation from membership dues or annual protection fees. To adopt and use the Incident Command System when suppressing wildfires in Missouri. Initial: Violation of any of the terms of this Mutual Aid Agreement as mentioned above could result in the loss of loaned FEPP equipment, training opportunities and grant application privileges. This Mutual Aid Agreement shall be effective when signed by both parties. It continues in effect unless and until either party gives 60 days notice in writing to the other party. THE PUBLIC SAFETY DEPARTMENT OF THE CITY OF RIVERSIDE; MISSOURI Date S -®~" FORESTRY DIVISION, MISSOURI DEPARTMENT OF CONSERVATION By Date Initial: 6 APPENDIX A Listed below are the Federal Excess Property items covered by this Agreement. As additional items are assigned, they will be added to this Appendix, dated and copies of the Transfer Document attached. ITEM SERIAL # CONTROL# Initial: 7