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HomeMy WebLinkAbout15.C.1. Cooperative Agreement for Fire Services I S. C. J · CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Cooperative Agreement - Fire Services DATE: April 23, 2003 INTRODUCTION: The Council is asked to approve a cooperative agreement with the U.S. Department ofthe Interior, for fire protection within the Minnesota Valley National Wildlife Refuge. BACKGROUND: On occasion, the Shakopee Fire Department is called to put out grass fires in the National Wildlife Refuge (NWR). The NWR is located along the Minnesota River from approximately the Renaissance Festival site to the Bloomington Ferry Bridge. The Department of the Interior is willing to reimburse the City of Shako pee for fire fighting efforts within the NWR, but needs an agreement for that to happen. What they have proposed is that the City be reimbursed for $500 as a flat rate for the first two hours of each fire, and then incrementally reimburse at a rate of $1 00 for each additional half hour. I have reviewed this with the Fire Chief, and he recommends that this agreement be approved. RECOMMENDATION: I recommend that the attached cooperative agreement be approved, ACTION REQUIRED: If the Council concurs, it should, by motion, authorize the appropriate officials to enter into Cooperative Agreement #301813J054, between the City of Shako pee and the United Stated of the Interior, Fish and Wildlife Service, for wild land fire protection in the Minnesota Valley National Wildlife Refuge. 1>>uL ~ Mark McNeill City Administrator DCN 301813J054 (BSAC 9261 funds) COOPERATIVE FIRE PROTECTION AGREEMENT No. 301813J054 U.S. DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE and the CITY OF SHAKOPEE, MINNESOTA THIS AGREEMENT was made and entered into April 17, 2003 pursuant to the Reciprocal Fire Protection Act of 1955 (69 Stat. 66; 42 U.S.C, 1856) as amended by the Wildfire Suppression Assistance Act of 1989 (102 Stat. 1615). It is between the United States Department of the Interior, Fish and Wildlife Service, Minnesota Valley National Wildlife Refuge--hereinafter referred to as the "Refuge"--and the City of Shakopee, Minnesota and its fire department--hereinafter referred to as the "Fire Department." This Agreement outlines the cooperative efforts between the Refuge and the Fire Department for fire protection, and specifically authorizes the expenditure of funds for any fire protection activity resulting from its execution, THE FIRE DEPARTMENT SHALL: 1. Provide wildland fire suppression equipment as available (such as mobile pumpers and grass rigs, shovels and fire rakes, etc.) as well as fire service personnel. 2. Respond to all wildland fires in the Refuge boundaries that are within the Fire Department's designated fire protection area. 3. At the discretion of the Fire Chief, respond to all wildland fires within the Refuge's boundaries but outside of the Fire Department's designated fire protection area. This response will include mutual aid calls. 4. Agree to stay with all wildland fires until out, or until released from duty by the designated Refuge Incident Commander, or until called to another fire or other structure fires in the Fire Department's designated protection area. 5. Submit billings for wildland fire suppression on Refuge lands within 48 hours of each fire. Billings must reference "Fire Protection Agreement No. 301813J054" and be submitted to: Minnesota V alley National Wildlife Refuge 3815 E, 80th St. Bloomington, MN 55425 [Cooperative Agreement terms continued on page 2] - 1 - THE REFUGE SHALL: 1. Reimburse the Fire Department at a flat rate of $500.00 for up to the first two hours of each wildland firefighting call to the Refuge for services required under "THE FIRE DEPARTMENT SHALL" section of this Cooperative Agreement. Should a particular wildfire call extend beyond its initial two hours, the Fire Department shall be reimbursed at a flat rate of $100,00 for each additional half-hour that the Fire Department serves at the request or direction of the Refuge Incident Commander. 2. Assist the Fire Department with wildfire training. 3. Assume the role of "Incident Commander" on any fire within the boundaries of the Refuge once Refuge personnel arrive on the scene of a wildland fire. 4. Respond with manpower and equipment, when available, at the request of the Fire Chief, on wildland fires outside of the Refuge boundaries, SPECIAL PROVISIONS: 1. Each party agrees that it will be responsible for its own acts and the results thereof and shall not be responsible forthe acts of the other party and the results thereof. Each party therefore agrees, to the extent authorized by applicable law, to assume all risks and liability to itself, its agents or employees, for any injury to persons or property resulting from any operations of its agents or employees under this agreement, and for any loss, cost, damage or expense resulting at any time from any and all causes due to any acts, or negligence, or the failure to exercise proper precautions of or by itself or its own agents or employees, The liability of the Federal Government will be governed by the Federal Tort Claims Act (28 U,S.C, Section 2761 et seq,) while the liability of the Fire Department will be governed by applicable federal and state laws, 2. Repairs needed to keep operational any equipment covered by this agreement will be made by and at the expense of the party owning the equipment. 3. The Refuge's fiscal obligations hereunder are contingent upon the availability of funds as appropriated by Congress, from which payment for the purposes of this agreement can be made. 4. Refuge personnel will not participate in the suppression of structure fires, but may assist in preventing a structure fire from spreading to wildland and becoming a wildland fire. [Cooperative Agreement No. 301813J054 terms are continued on page 3] 2 THE AGREEMENT (301813J054) is effective on the date specified on page 1 hereof and is subject as applicable to the attached General Provisions for Financial Assistance (Attachment A) and certifications (Attachment B). It is to continue in force until April 16, 2008, five years from the effective date, unless earlier terminated by either party giving at least thirty (30) days' written notice to the other, IN TESTIMONY WHEREOF, the parties have hereunto set their hands: CITY OF SHAKOPEE (FIRE DEPARTMENT) Mark McNeill, City Administrator Date - uJ,IlIf+M p, MI1 ~S, MO-YO( ~uJ 1~l,S Cox} csf.trLe~ .. DEPARTMENT OF THE INTERIOR U.S. FISH AND WILDLIFE SERVICE "- Is~ ~ /1 .;). ,,-"" ;"'/ . -'-I " . ...., . . ~-"'J ,.;; (.1 ,1 ,,--'1 ;-. L'> i? ,. ?--_.r~2..., "'''-c::#-&~ ' ( v 1/ /-~ "'_' .. .. I '.~~ Kenneth E. Kaseforth, Contracting efficer Date 3 Attachment A GENERAL PROVISIONS for FINANCIAL ASSISTANCE The following OMB (Office of Management-and Budget) Circulars and DOl (Department of the Interior) Regulations are hereby incorporated by reference in this agreement A. NON-ORGANIZATIONS including INSTITUTIONS OF mGHER EDUCATION & HOSPITALS 1. OMB Circular A-II 0 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 2. OMB Ci.t:cular A-2I - Cost Principles for Educational Institutions. 3. OMB Circular A-122 - Cost Principles for Non-Profit Organizations. 4, OMB Circular A-133 - Audits of Institutions of Higher Education and Other Non-Profit Organizations, B. STATEILOCAL GOVERNMENT and INDIAN TRIBES -~."- 1. OMB Circular A-102 - Uniform Administrative Requirements for Grants and Agreements with State and Local Governments. 2. OMB Circular A-87 - Cost Principles for State and Local Governments. 3, OMB Circular A-128 - Audits of State and Local Governments. C. PROFIT ORGANIZATIONS and INDIVIDUALS 1. 48 CFR Part 31.2 (Federal Acquisition Regulations) - Contracts with Commercial Organizations, D. THE FOLLOWING DOl REGULATIONS APPLY TO RECIPIENTS as indicated: 1. 43 CFRPart 12: a. Subpart A - Administrative and Audit Requirements and Cost Principles for Assistance Programs. (All Recipients) b. Subpart B - Audit Requirements for State and Local Governments. c. Subpart C - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. d. Subpart D - Government wide Debarment and Suspension (Nonprocurement) and Government wide Requirements for Drug-Free Workplace (Grants). (All recipients) e. Subpart E - Buy American Requirements for Assistance Programs, (All recipients) f. Subpart F - Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations. Note: Copies of the above information can be found at your local library or on the Internet at the DOl home page located at: http://www/ios.doi.gov/pamlpamhome.htmI .f'/. " I 1 u.s. Department ofthe Interior Attachment B CERTIFICATION REGARDING PROPOSAL SUBMISSION Tbe Recl~ent certifies that this =:freement is for tbe support and stimulation of a recipient's project and that the request for financial assistance and related proposal ave not been submltte in response to a request from the Government to undertake work to support a specific Government need. CERTIFICATION REGARDING LOBBYING 1, No Federal apr.roprlated funds have been paid or will be paid, 'PC or on behalf of the undersigned, to any person for IntluencinI;. or attempting to Influence an officer or em~ oyee of Congress or an emplotee of a Member 0 Congress in connection with the awardlD~ of any Federal con act, the making of any Federal grant, t e making of any Federal loan, t e entering Into of any cooeratlve agreement, and the extensIOn, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreemen 2, If any funds other than Federal apftroprlated funds have been ~ald or will be paid to any person for Influencing or attempting to Influence an officer or employee of any agency, a Member 0 Congress, an officer or emp o~ee of Congress, or an em~loyee of a Member of Con~ress In connection with this Federal contract, gran~loan,'or cooperative agreement, the undersigned sha I complete and submit a tandard Form-LLL, "Disc osure Form to Report Lobbying," in accordance wit Instructions, Submission of tbls certification Is a prereN;lsite for making or entering Into this transaction imposed by Section 13520 Title 31, U,S. Code, Any person who fails to file the required certification shall e subject to a ciVil penalty of not less than $10,000 .and not more than $10 ,000 for each such failure. . CERTIFICATION REGARDING CONFLICT OF INTEREST The recipient certifies that there are no relevant facts or circumstances which could give rise to either an Individual or organizational conflict of interest. Such eonlllet of Interest eonld Involve sneh thlntls as Government employees assisting In tlie preparation of the proposal or Government emf.lofees belnft assoelated with or a member of the rr:\uesting orfanlZation and being in a position to Influence the awarding of a grant or coog:;rative agreemen he recip ent agrees that if an actual or potentia contlict 0 interest is discovered the recipient sball make a full disclosure in writinlL to e Contractinfi Officer, This disclosure shall include a description of actions which the recipient has taken or proposes to take, after consultation with e Contracting Of Icer, to avoid, mitigate or neutralize tbe actual or potential conflict. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY & VOLUNTARY EXCLUSION - LOWER TIER COVERED TRANSACTIONS . .. L The prospective lower tlerparticl~ant certifles~ tz submission of proposal, that neither it nor its principals Is presently debarred, suspended, proposed for debarment, declared ineligible, or vo untarily exc u ed from participation in this transaction by any Federal department or agency, 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation tho thIS proposal. . DRUG-FREE WORKPLACE REQUIREMENTS NOTE: This certification is a material representation of fact upon which reliance was placed when the a~ency determined to award the agreement. If it is later determined that the recigient kriowingly rendered a false certification or otherwise violates the re3.u rements of the Dru~ree WorkPlace Act, tbe agency, in addition to any other reme ies available to the Federal Government, may take action autborized un er the Drug-Free Wor lace Act. . FOR RECIPIENTS OTHER THAN INDMDUALS, ALTERNATE I APPLIES. FOR RECIPIENTS WHO ARE INDMDUALS, ALTERNATE II APPLIES. ALTERNATE I A. The grantee/cooperator certifies that it will provide a drug-free worlqJlace: . {a) Publishing a statement notifying emplo)'ees that the unlawful manufacture, distribution, dispensing'foo5session or use of a controlled substance IS rrohibited In the grantee's workplace and speclfyln~ the actions that will be taken against employees or violation of such prohibition; (b Establisbinf a ding-free awareness program to in orm employees about n h, ......n .fd~g ,,_in u., ~"Z"'" 2 The grantee's l!olicy of maintainlni a ru~-iree workplace 3 Any available i1rug counselling, re ab, an employee assistance programs; and 4 The penalties that ma be imposed u on emplo ees for drug abuse violation occurring in the workplace; (c) Makln~ t a requirement that each employee to Ife engage:'lin the performance of the agreement lie given a copy of the statement required by ~ar~ra~ (a); d) oti Yi~ tbe eml!loyee in the statement required bI paragraph (a) that, as a condition of employment under the grant, the employee will- J Abide b6' the terms of the statement; an 2 Notify t e employer of any criminal drug statute conviction for a violation occurring in tbe workplace no later tban five days after such conviction; (e) N!'ti!ying the agency within 10 days after receiving notice under subparagraph (d)(2) from an employee otherwise receiving actual notice of such conviction; (I) Takl? one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicte - ~IJ Taking appro~riate &ersonnel action against such an employee, up to and Including termination; or 2 Re~uiring sue emp otee to participate satisfactorily in a drug aouse assistance or rehab program approved for sucb purposes ~ a Fe eral, tate or local healt , law enforcement, or other appropriate agency; (g) aking a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs(a),(b),(c),(e) and (I). B. The grantee shall insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state & zip) ;f~ , ALTERNATE II The GranteelCoo~rator certifies that as a condition of the agreement, he or she will not engage in the unlawful manufacture, distribution, dispensing, possession or nse of a controlled substance in conducting any activity with tbe Agreement. CERTIFICATION: THE ABOVE CERTIFICATIONS ARE TRUE TO THE BEST OF MY KNOWLEDGE. NAMI!; & '1l1LI!;Ol< AU I HORlUU Illil'IlliSI!:NIATIVE SIGNAL UIlli UAII!; Tax Identification Number ,"'--'