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MOU FOR FIRE SUPPRESSION SERVICES AGREEMENT APPENDIX U-I DOUGLAS COUNTY/DNR MEMORANDUM OF UNDERSTANDING FOR FIRE SUPPRESSION SERVICES (Updated March 2007) This agreement is entered into by and between the Douglas County Forestry Department and the State of Wisconsin Department of Natural Resources, for the purpose of establishing a mutual aid agreement for the suppression of fires within the State of Wisconsin. WHEREAS, s.26.11, Stats, vests the DNR with 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 Section 23.09 Stats, and Section NR 1.23 Wis. Adm. Code, authorize the DNR to render assistance in case of emergencies. WHEREAS, the DNR and the Douglas County Forestry Department pursuant to s.26.11 Stats, desire to cooperate in the suppression of fires; It is agreed by and between the DNR and the County Forestry Department as follows: A. DEFINITIONS a. "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 Stats. b. "Suppression" refers to 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. B. RESPONSIBILITIES The DNR is responsible for the suppression of all forest fires and the protection and suppression of any improvements threatened by forest fires as defined previously in section 26.11, Stats. The DNR may request the assistance of the Douglas County Forestry Department to provide wildland suppression. C. REPORTING FIRES a. The Douglas County Forestry Department agrees to make every effort to immediately notify the DNR of forest fires through County or Brule Dispatch. If immediate notification cannot be made through County or Brule Dispatch, the Douglas County Forestry Department shall report the location of the fire, and the action taken to the local DNR Forest Ranger as soon as possible, but no later than 24 hours from its knowledge of the forest fire. b. The DNR agrees to notify the Douglas County Forestry Department through their forestry office if they become aware of a fire burning on or threatening county forestland. D. COMMAND AT FIRES The Incident Command System will be used at all forest fires. When the Douglas County Forestry Department is the first to arrive at the scene of a forest fire, the Douglas County Forestry Department shall establish incident command and begin initial attack. After Douglas County Forestry Department Personnel have initiated initial attack, they shall continue with fire suppression activities that can be done safely with the equipment and personnel that are available to them. Command of the incident shall be transferred to the DNR IC upon arrival. ---PAGE BREAK--- MOU FOR FIRE SUPPRESSION SERVICES AGREEMENT APPENDIX U-I E. EQUIPMENT AND PERSONNEL REQUIREMENTS a. The Douglas County Forestry Department may purchase fire suppression equipment and supplies from the Wisconsin DNR Lemay Center warehouse, as a condition of this agreement. b. The DNR and the Douglas County Forestry Department agree to designate fire-fighting units suitable for suppressing forest fires. The designated units shall be listed in the addendum to this agreement. Responding units shall be equipped with wildland fire fighting hand tools as described in the addendum. All responding units shall be equipped with a radio that contains a common frequency with the local DNR Forestry Units. c. The Douglas County Forestry Department agrees to respond to forest fires with firefighters that have successfully completed I-100 (Introduction to ICS), S-130 (Basic Fire Fighter), and S-190 (Intro To Fire Behavior). The Douglas County Forestry Department accepts and assumes the responsibility to insure that forest fire suppression activities under this agreement will be conducted by trained firefighters trained as required herein or firefighters working under the direct supervision of a Douglas County Forestry Department member trained as required herein. d. Firefighters shall wear protective clothing on all forest fires. It is recommended that protective clothing meet the minimum of a Nomex shirt, pants or coveralls, boots, hardhat or helmet, and leather gloves. Use of web belts and fire shelters are also recommended for additional protection. e. County personnel may be assigned to fly in DNR aircraft and provide reconnaissance information to the incident command post. 5. FIRE SUPPRESSION COMPENSATION When the Douglas County Forestry Department is dispatched to assist with the suppression of forest fires, the DNR agrees to reimburse the County for vehicle mileage and equipment hours as determined by the County rate. All hours incurred by County employees working on fire suppression will be reimbursed at the employees current wage rate. Overtime charges will be included when applicable. Stand-by rates for heavy equipment/personnel will be agreed upon prior to the spring fire season. Bills for suppression costs will need to be itemized and submitted to the local Forest Ranger for reimbursement. 6. PAYMENT OF COUNTY FOREST EMPLOYEES Douglas County Forest employees will remain on the County's payroll and protected under the County's workers Compensation Plan for the entire period that they have been authorized to assist the DNR in wildfire suppression activities either within or outside of Douglas County. All terms of Douglas County's Personnel policy will apply. All employees covered by a bargaining unit agreement or other employer/employee contract shall earn normal compensation, overtime pay, or compensatory time as defined in their current contractual agreement. The normal work schedule for Douglas County Forest employees is 8:00 a.m. to 4:30 p.m., Monday - Friday. The following payment rates and procedures apply for the services of Douglas County Forest personnel and equipment working on wildfire suppression or related activities (including travel) and after receiving authorization from the Douglas County Director of Forestry and Natural Resources or designee. The Douglas County Equipment / Labor Rates will be reviewed annually and updated as necessary, and will be an attachment to this agreement. a. For services provided on wildfires within Douglas County that occur or extend beyond the employee's normal work schedule, Douglas County will bill the DNR for all costs of compensation for each employee. b. For services provided on wildfires outside of Douglas County, the County will bill the DNR for all costs of compensation for each employee. ---PAGE BREAK--- MOU FOR FIRE SUPPRESSION SERVICES AGREEMENT APPENDIX U-I c. For fires within Douglas County, one half of all costs billed to the DNR by the County Forest will be billed back to the County (ref. Wisconsin Statute chp. 26.14 if a negligent party cannot be identified. d. For such fires, which actually occur on Douglas County Forest, the County will waive cost of the Douglas County Forest equipment and manpower. e. If such fire involves multiple land ownership (including County Forest), costs of Douglas County Forest equipment and manpower shall be prorated by percentage of acreage, with a deduction for the County Forest share. 7. LIABILITY The Douglas County Forestry Department, its employees, agents, and members shall not be deemed as employees or agents of the DNR for any purpose, including workers compensation. Workers compensation coverage for the employees, agents, and members of the Douglas County Forestry Department shall be provided by the Douglas County Forestry Department. 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 895.436, or as otherwise established by the State Claims Board and approved in accordance with these statutes. 8. TERMINATION This agreement will be effective upon its signing by both parties and shall continue indefinitely or until 10 days following written notice of termination by either party. STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES DNR LAKE SUPERIOR AREA FORESTRY LEADER Date DOUGLAS COUNTY DIRECTOR OF FORESTRY & NATURAL RESOURCES Date ---PAGE BREAK--- MOU FOR FIRE SUPPRESSION SERVICES AGREEMENT APPENDIX U-I DOUGLAS COUNTY FORESTRY DEPARTMENT - 2007 FIRE DANGER WEEKDAYS HIGH VERY HIGH EXTREME All trained staff are fire ready All trained staff are fire ready All trained staff are fire ready Equipment and radio checks complete. Equipment and radio checks complete. Equipment and radio checks complete. Radio Contact Radio Contact Radio Contact All employees go about their normal business. Employees not needed for equipment below go about their normal business. D6 loaded or able to respond within 1 hour. 6x6 Respond within 1 hour Staff D6 (1-2 staff) Staff 6x6 (2 staff) Staff D6 (1-2 staff) Staff 4x4 w/ slip on (2 staff) Staff D5 (1 staff) if possible WEEKENDS HIGH VERY HIGH EXTREME Staff equipment listed below on request of DNR DNR has option to work fire trained staff. Work all fire trained staff. D6 (1-2 staff) and/or 6x6 (2 staff) Staff D6 (1-2 staff) Staff 6x6 (2 staff) Staff D5 (1 staff) if possible Staff D6 (1-2 staff) Staff 6x6 (2 staff) Staff 4x4 w/ slip on (2 staff) Staff D5 (1 staff) if possible On a case by case basis as scheduling issues arise during times of high fire danger on weekends, county and DNR will consider requests by some or all county staff to be on stand by (on call) instead of coming into work. This option SHALL NOT apply to times when the fire danger rating is VERY HIGH or EXTREME. Selected county staff may also be placed on stand by (on call) to cover trained and assigned incident management team needs as needed, which will include being available for contact via radio, pager, and/or phone and be able to respond to a command post within the area in a reasonable timeframe.