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HomeMy WebLinkAbout06. 21-134GROUP, INC. & THE OSHKOSH FIRE DEPARTMENT TO CONDUCT TRAINING IN VACANT STRUCTURES INITIATED BY: OSHKOSH FIRE DEPARTMENT BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized to enter into an appropriate agreement with Aurora Medical Group, Inc. for providing the Oshkosh Fire Department with vacant properties at 645 and 655 Doctors Court to conduct hands-on practical training prior to the demolition of the properties. 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. MARCH 23, 2021 21-134 RESOLUTION (CARRIED___7-0_____LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE AGREEMENT BETWEEN AURORA MEDICAL TO: Honorable Mayor & Members of the Common Council FROM: Mike Stanley, Fire Chief DATE: March 23, 2021 RE: Agreement between Aurora Medical Group, Inc. and the Oshkosh Fire Department to conduct training in vacant structures. BACKGROUND The Aurora Medical Group, Inc. has vacant properties at 645 and 655 Doctors Court in the City of Oshkosh that they intend to raze. They have offered to allow the Oshkosh Fire Department to conduct hands-on practical training in these structures prior to their demolition. ANALYSIS The Oshkosh Fire Department would benefit greatly from this rare opportunity to practice and develop their firefighting skills in an actual structure that is not subject to the hazards of being on fire. This will provide the chance to perform training evolutions in a lower risk environment. FISCAL IMPACT The only foreseeable expense would be for the materials to secure the structure and cover any exterior openings that the training may create. The Oshkosh Fire Department has a sufficient stock of materials to accomplish this. Should the stock not be sufficient, materials will be purchased with existing funds within the current operating budget. RECOMMENDATION The recommendation would be that Common Council approve entering this agreement with Aurora Medical Group, Inc. so that the Oshkosh Fire Department can conduct this extremely valuable training. Respectfully Submitted, Approved: Mike Stanley Mark Rohloff Fire Chief City Manager 86498v1 11/13/20 TEMPORARY ACCESS LICENSE AND INDEMNIFICATION AGREEMENT THIS TEMPORARY ACCESS LICENSE AND INDEMNIFICATION AGREEMENT (hereinafter "Agreement"), dated this ____ day of ______________, 2021 (“Effective Date”), is by and between Aurora Medical Group, Inc., a Wisconsin non-stock corporation (“Aurora”), and City of Oshkosh Fire Department ("User”). 1. For good and valuable consideration, Aurora hereby grants and conveys to User, and User hereby accepts, upon the terms and conditions hereinafter set forth, a temporary license for access relating to Fire Department Training (such activities are described on Exhibit “A” and collectively referred to as the “Activities”) on Aurora’s property commonly known as 645 and 655 Doctors Court, Oshkosh, Wisconsin (the “Temporary License Area”). 2. User shall comply with all applicable laws and ordinances in connection with the use or repair of the Temporary License Area and such reasonable regulations as Aurora may impose. 3. User shall hold harmless and indemnify Aurora, its officers, directors, members, representatives, employees, successors, assigns, mortgagees and agents (collectively the “Indemnified Parties”) against all loss, costs, damages, expenses, liabilities and claims of any kind incurred by or asserted against such Indemnified Parties, including reasonable attorney’s fees and costs and expenses, arising out of or related to User’s or its agents’ or employees’ acts or omissions or use of the Temporary License Area. 4. The terms and conditions contained herein shall bind, inure to the benefit of, and be enforceable by Aurora, User and their respective successors and assigns; provided, however, User acknowledges and agrees that their rights under this Agreement are not assignable. 5. This Agreement and the License granted under this Agreement shall be valid on ___________________ during the hours of _______________. 6. User shall, at User’s sole cost and expense, maintain and keep in effect during the term of this Agreement, comprehensive commercial general liability insurance covering, without limitation, any liability for personal injury, bodily injury (including, without limitation, death) and property damage arising out of User’s (and its agents and employee’s) acts, omissions, and use of the Temporary License Area for limits of liability not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate. Upon request, User shall provide Aurora with satisfactory written evidence that all policies of insurance required and maintained by the User. User shall also maintain current Workers Compensation and Employer’s Liability insurance coverage with statutory limits. 86498v1 11/13/20 7. Whenever notice is required to be given pursuant to this Agreement, it shall be personally delivered or sent by first class United States mail (registered or certified with return receipt requested), or by a nationally recognized overnight delivery service, postage prepaid, addressed to the parties at their respective addresses as follows: If to Aurora: Aurora Health Care, Inc. 750 W. Virginia Street Milwaukee, Wisconsin 53204 With a copy to: Advocate Aurora Health 750 W. Virginia Street Milwaukee, Wisconsin 53204 Attn: Chief Legal Counsel If to User: City of Oshkosh Fire 101 Court St. Oshkosh, WI 54904 Attn: Asst. Chief/Fire Marshal Or such other address or addresses as any party, by written notice in the manner specified above to the other parties hereto, may designate from time to time. Notice shall be deemed to have been given on the date the notice is received (if personally delivered) or one business day after the date the notice is properly sent through a nationally recognized overnight delivery service or three (3) business days following deposit in the United States mail. 8. This Agreement may be executed in counterparts, each of which upon such execution shall be deemed an original. Signatures provided by telecopy or other electronic means (i.e., e-mail, DocuSign) shall have the same binding effect as original signatures. IN WITNESS WHEREOF, the parties hereto have executed and delivered this Agreement the day and year first above written. AURORA: Aurora Medical Group, Inc. By: H. James Slinkman Its: Senior Vice President Associate General Counsel USER: City of Oshkosh By: We will add City Signature page. 86498v1 11/13/20 EXHIBIT “A” DESCRIPTION OF USE User shall have access to the identified vacant buildings and parking lot for fire department training. Training shall be limited to forcible entry/exit, roof ventilation, and wall breaching and in no event shall cause any significant fire damage to the prope rty. User shall also secure exterior openings created by the training in said buildings upon completion of training with plywood and other materials as necessary.