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HomeMy WebLinkAbout2070 Approving Mutual Aid Agreement with the Missouri Department of Conservation BILL NO. 2025-029 ORDINANCE NO. 2070 AN ORDINANCE APPROVING A MUTUAL AID AGREEMENT WITH THE MISSOURI DEPARTMENT OF CONSERVATION BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: SECTION 1 — AGREEMENT APPROVED. That the Riverside Board of Aldermen hereby approves the Mutual Aid Agreement with the Missouri Department of Conservation, attached hereto in its substantial form, and the Board further authorizes the Mayor to sign on behalf of the City. SECTION 2 —AUTHORITY GRANTED. The Mayor, the City Administrator, Fire Chief 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 perform all matters herein authorized. SECTION 3 — EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and approval. BE IT REMEMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Riverside this 1st day of April 2025. Mayor Kathleen L. Rose ATTEST: Robin Kincaid, City Clerk MUTUAL AID AGREEMENT between Missouri Department of Conservation and City of Riverside Fire Department (Legal Name of Fire Department) 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/Clay County(s)is of mutual concern to both parties,and to the State of Missouri,this Mutual Aid Agreement(MAA) between the City of Riverside Fire Department/Fire Protection District,hereinafter known as the Fire Department and the Missouri Department of Conservation, hereinafter known as the MDC, 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 tolls furnished by the MDC for that purpose;and Whereas, MDC 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 structural fires that may occur within its operational boundaries,and through this agreement,to actively suppress all forest,grass,crop and wildfires where MDC 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 MDC to suppress or assist in suppression of a wildfire, no charge for services will be levied against the MDC or the landowner; Now therefore, To implement this Mutual Aid Agreement, both parties agree to the following: Page 1 of 9 Rev.4/2020(est.4/11) MDC: A. 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. 1. Federal Excess Personal Property(FEPP): a. To loan 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 MDC personnel. b. To provide consumable fire service related FEPP supplies to the Fire Department for use in their official operations. c. 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 MDC. d. To provide technical assistance in the use and conversion of the FEPP equipment to a fire or emergency response-ready condition. 2. Department of Defense Firefighter Property Program(FFP): a. To provide,through the Department of Defense FFP Program,certain vehicles, equipment and supplies for which the MDC 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 MDC personnel. b. To pass ownership of FFP acquired rolling stock to the Fire Department while the MDC retains physical possession of the title for no less than one(1)year past the date the vehicle is made response ready by the Fire Department.To pass ownership of FFP"non-rolling stock"to the Fire Department will consist of having the property item "response-ready"within 6 months of transfer and remain in-service-for 1 year from the"response-ready"date. B. 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. C. To provide upon request,if available,current weather information affecting wildfire behavior. D. To provide access to the MDC online wildfire reporting system. E. To provide training in basic wildfire suppression techniques and wildfire safety considerations upon request from the Fire Department. Fire Department agrees: A. To use firefighting and emergency response equipment and vehicles provided through the MDC under the specified guidelines. 1. Federal Excess Personal Property(FEPP): Page 2 of 9 Rev.4/2020(est.4/11) a. 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. b. To accept the vehicles and/or rolling stock as is and to repair, convert and equip it for fire or emergency response readiness within six(6) months of receipt of the item. i. Response-ready equipment must be in complete operational readiness. This means equipment is running, painted,equipped and marked as a fire department/emergency vehicle. The paint color should match the current colors of the fire department equipment or one of the colors accepted by MDC which are: red,white,yellow,blue or gray. ii. If for any reason the vehicle and/or rolling stock has not been made response-ready within this six(6)month period,a letter on non-compliance will be sent to the Fire Department. If,the vehicle and/or rolling stock is not response ready within two(2)months of receiving the letter of non- compliance,the MDC has the right to repossess the vehicle and/or rolling stock specified in the notification of non-compliance. iii. If a vehicle and/or piece of rolling stock is repossessed by the MDC,the Fire Department shall be suspended from both of the Excess Property Programs for a period of one(1)year of the date on the letter of non-compliance. c. To assist in hauling any FEPP property that is assigned to the Fire Department from a location designated by MDC and to be responsible for any transportation, including return of equipment to the return point designated by MDC,after the item is no longer needed by the Fire Departments. d. 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. e. 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 upon reasonable notification. f. 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 MDC. The Fire Department agrees to not cannibalize, remove parts,or in any manner render the vehicle unusable. g. To maintain liability insurance coverage at no less than the state mandated minimums on all FEPP vehicles obtained under this program. h. To provide the MDC with a copy of proof of current liability insurance for all FEPP vehicles obtained under this program. i. To maintain all motor vehicles obtained under the FEPP program with a current Missouri Motor Vehicle Inspection sticker. Page 3 of 9 Rev.4/2020(est.4/11) j. Give notification to MDC within 24 hours of any incidents involving FEPP equipment. These incidents include:accident, loss or stolen,or damaged. k. 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. I. To insure that all operators of FEPP loaned vehicles have the appropriate and valid Missouri Operators Drivers Licenses. m. 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. n. Provide to the FOREST SERVICE(including its Office of Inspector General),the Comptroller General of the United States,and their authorized representatives access and the right to examine all records, books, papers,or documents relating to the FEPP program. This requirement shall also apply to all other recipients and users of FEPP,including local governments,private organizations, recognized Indian Tribes,and individuals. This provision shall be incorporated into any agreement between the STATE and other users. 2. Department of Defense Firefighter Property Program(FFP): a. To accept the FFP vehicles and/or rolling stock as is and to repair,convert and equip it for fire or emergency response readiness within six months of receipt of the item. And, upon any potential sale,abide by any Export Control Regulation of Demil Q-6 equipment(explanation of Q-6 property will be provided at time of transfer). i. Response-ready equipment must be in complete operational readiness. This means equipment is running, painted,equipped and marked as a fire department/emergency vehicle. The paint color should match the current colors of the fire department equipment or one of the colors accepted by MDC which are:red,white,yellow, blue or gray. ii. If for any reason the vehicle and/or rolling stock has not been made response-ready within this six(6)month period,a letter on non-compliance will be sent to the Fire Department. If,the vehicle and/or rolling stock is not response ready within two(2)months of receiving the letter of non- compliance,the MDC has the right to repossess the vehicle and/or rolling stock specified in the notification of non-compliance. iii. If a vehicle and/or piece of rolling stock is repossessed by the MDC,the Fire Department shall be suspended from both of the Excess Property Programs for a period of one(1)year of the date on the letter of non-compliance. Page 4 of 9 Rev.4/2020(est.4/11) b. To accept all other equipment and/or consumable items as is and to repair,convert and equip it for fire or emergency response within six(6) months of receipt of the item,and keep the item in service for one year from in service date. c. To take ownership of and title in the Fire Department's name of any rolling stock (trucks,fire engines,SUV's,etc.)acquired through the FFP program. d. To allow the MDC to retain physical possession of the title for no less than one(1) year,from the"response-ready"date,for vehicles and rolling stock that are acquired through the FFP program and are titled in the Fire Department's name. e. To not accept ownership of FFP property for the sole purpose of passing on equipment to non-firefighting agencies. f. To mark FFP acquired vehicles and equipment with a DoD FFP"Cooperation"decal which will be provided when the equipment is picked up at the RFFEC in Lebanon. g. All vehicles must be kept with the GVWR tolerances to be accepted by MDC and a useable piece of equipment. h. 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. i. To pick up this equipment at a place designated by the MDC and to be responsible for all operational cost,transportation and repairs. j. To provide for adequate indoor storage and maintenance for this equipment and fire tools and to make all equipment available for periodic inspections by the MDC. k. To have liability insurance secured at the time the vehicle is acquired. I. To insure that all operators of FFP vehicles have the appropriate and valid Missouri Operators Drivers Licenses. m. To provide the MDC with a copy of proof of current liability insurance for all FFP vehicles obtained under this program until the time at which the Fire Department take physical possession of the title. n. To maintain all motor vehicles obtained under the FFP program with a current Missouri Motor Vehicle Inspection sticker. o. To remove any and all FEPP property, ie:tanks, pumps, hose,etc.,that may be 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 shall be returned to the MDC when it is no longer of use by the Fire Department. p. To abide by all rules and guidelines established by this agreement and any supplements provided by MDC. B. Fire Reporting 1. To submit via the MDCs online wildfire reporting system,as soon as possible and no longer than 30 days after an incident, individual wildfire reports for each forest,grass, crop or wildland fire that is suppressed, including estimated capital losses. Page 5 of 9 Rev.4/2020(est.4/11) 2. To notify the MDC'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. C. Fire Suppression 1. To protect MDC lands and structures from fires within the Fire Department's jurisdictional boundaries and to exclude the MDC from membership dues or annual protection fees. 2. To adopt and use the Incident Command System when suppressing wildfires in Missouri. Both Parties to this Mutual Aid Agreement agree: 1. Effective Date and Termination: This MAA shall be effective when signed by both parties. Either party may cancel this agreement by providing 60 days' notice, in writing,to the other party. 2. MAA Time Period: This MAA will be valid for a maximum time period of five(5)years. MAA's shall be renewed every 5 years or when there is a signatory change within the MDC or the Fire Department. This MAA shall be updated upon any change in the signing authority whose signature appears below. 3. Funding Amount and Sources: There shall be no monetary exchange between either party to this MAA associated with the assignment of equipment as described in this MAA. 4. Applicable Laws and Regulations, Hold Harmless and Indemnity: The Fire Department shall comply with all local,state,and federal laws and regulations related to the performance of this MAA to the extent that the same may be applicable to the entity.The Fire Department agrees to assume all risks associated with the activities performed under this MAA and agrees to hold harmless,defend,and indemnify the Department,the Conservation Commission,and its agents and employees,from any claim or suit arising from,or in connection with,this MAA and the activities performed under this MAA. 5. Violation of any of the terms of this MAA as mentioned above could result in the loss of loaned FEPP equipment,all FFP ownership equipment prior to title transfer,training opportunities and grant application privileges. Page 6 of 9 Rev.4/2020(est.4/11) City of Riverside Fire Department (Legal Name of Fire Organization) Mailing Address: 2990 NW Vivian Rd Riverside MO.64150 Physical Address: Same as above Printed Name: Gordon Fowlston (Fire Department Signatory! --Th Signature: Tt)e: Fire Chief Date: ii/22-40 -5 MISSOURI DEPART ENT OP CON RVATI By: Michael Bill, Branch Chief/State Forester Date: AMos Page 7 of 9 Rev.4/2020(est.4/11) City of Riverside Fire Department (Legal Name of Fire Organization) Mailing Address: 2990 NW Vivion Rd Riverside MO. 64150 Physical Address: Same as above Printed Name: Gordon Fowlston / / (Fire Department Signatory) _r Signature: �I� Title: Fire Chief Date: V a a20 3-5 MISSOURI DEPARTMENT OF CONSERVATION By: Michael Bill, Branch Chief/State Forester Date: Page 7 of 9 Rev.4/2020(est.4/11)