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HomeMy WebLinkAboutFD_EQUIPMENT_SHARING_AGREEMENT 5.31.23EQUIPMENT SHARING AGREEMENT BETWEEN AREA FIRE DEPARTMENTS Pursuant to Wis. Stat. §§ 66.0301 and 66.03125, this Intergovernmental Cooperation Agreement (“Agreement”) is entered into by the respective parties, each a Wisconsin municipal corporation acting by and through its fire department, each with proper authorization to execute this Agreement (herein referred to collectively as “the Parties” or “the Departments” or singularly as “Party” or “Department”) for the sharing of fire and emergency medical services apparatus and equipment. Participating agencies should create a list of equipment eligible for sharing. The Parties are municipal corporations duly organized and validly existing under the laws of the State of Wisconsin with the power to carry on their business as it is now being conducted under the Constitution, the statutes of the State of Wisconsin, and their respective Municipal Codes. The Parties are interested in occasionally sharing equipment to ensure efficient and effective operations. The Parties desire to enter into an Agreement to establish procedures for sharing equipment and defining legal relationships and responsibilities. NOW, THEREFORE, it is mutually agreed by and between the Parties as follows: PURPOSE The purpose of this Agreement is to create a system for the occasional and temporary sharing of motor vehicles, equipment, tools and machinery (collectively referred to in this agreement as “Equipment”) between the Parties for efficiency and effectiveness of operations. The Parties agree to make available to each other vehicles, equipment , tools, machinery, and related items in the manner and pursuant to the terms and conditions provided in this agreement. A Party supplying Equipment shall be designated the “Provider.” A Party receiving Equipment shall be designated the “Borrower.” TERM The term of this Agreement shall be from August 1, 2023 through December 31, 2024. This Agreement shall be in full force and in effect with the passage and approval of an authorizing ordinance or resolution by all participating member municipalities, in t he manner provided by law, and upon the signing of this agreement by the authorized representative(s) of the municipality, as applicable. DocuSign Envelope ID: 0F819472-4E83-456F-8B39-E94EE290C2C0 EQUIPMENT USAGE a. Availability of Equipment: Each Department shall make a list of available equipment, which lists shall collectively be attachment “A” to this Agreement. Requests shall be responded to promptly. Each party, at their discretion, may deny a request for Equipment. Generally, parties agree to make reasonable effort to provide requested equipment unless it places a burden on the Provider, or if resources are inadequate, unavailable, or already in use. The Provider may request the immediate return of equipment from the Borrower to prevent inadequate resources being available for the provision of e mergency services to the Provider’s community. Upon a request for immediate return under this paragraph, the Borrower shall work with the Provider to return the equipment as soon as possible. The Provider may request the return of equipment by a future date. Upon request Borrower shall return equipment on the date requested or if no date is specified as soon as practicable and without unreasonable delay. b. Contact Person. Each Party agrees to appoint a person or persons to act as liaison(s) for each request and inspection and to otherwise facilitate the orderly and efficient distribution of equipment - sharing requests and related information. Contacts by agency are as indicated on attachment “B” to this Agreement. c. Fees for Equipment. Provider shall not charge Borrower for use of equipment unless Provider and Borrower mutually agree in advance or reimbursement is available from a third party, in which case fees shall be charged according to Provider’s current fee schedule or the FEMA rate for the specific equipment or reasonably comparable equipment if Provider has not established a separate fee schedule. d. Delivery/Pickup. Borrower shall contact Provider as well in advance as reasonably possible of the need for equipment and Borrower and Provider shall mutually agree upon a time and location for pick‐up and delivery of Equipment. Borrower shall be responsible for picking up and returning any Equipment shared under this Agreement, unless Provider and Borrower mutually agree to other arrangements. DocuSign Envelope ID: 0F819472-4E83-456F-8B39-E94EE290C2C0 Equipment may generally be picked up and returned between standard business hours. However, it is understood that when dealing with the necessity of emergency equipment, requests may occur at hours outside of standard business hours. e. Condition of Equipment. Provider shall ensure that any Equipment being shared has been or is serviced consistent with recognized industry standards prior to Borrower’s pick‐up. NO WARRANTY --Provider is neither a manufacturer nor supplier of the Equipment and therefore makes no warranties, express or implied, including, without limitation, the condition of the equipment, its design, capacity, performance, construction, workmanship, or fitness for any particular use. All Equipment is shared on an “as‐is” basis. Provider shall not be responsible or liable to Borrower for any loss, delay, or damage of any kind resulting from defects in or accidental breakage of Equipment shared under this agreement. f. Inventory and Inspections. Providers sharing Equipment under this agreement certify that the Equipment is in good repair and ready for the intended use. Equipment shared under this Agreement shall be inventoried and inspected by representatives of both Provider and Borrower at the time of delivery/pickup and again when returned and shall be documented on an inventory and inspection form, attachment “C” to this Agreement. The inspections shall include an examination of the tires on the Equipment, which the Parties must agree are in good working condition at the time Borrower picks up the Equipment, and which must have adequate tread depth and inflation pressure to ensure safe and legal operation. The parties shall assure that digital photographs of the equipment are taken at the time of pickup and shared with each party to ensure that any existing damage is documented appropriately. g. Operations and Safety Manuals. At the request of the Borrower the Provider shall make a copy of Equipment operation and safety manuals available to Borrower at the time of Equipment pickup. h. Short-Term Sharing: The Parties agree to permit Equipment to be used pursuant to this agreement for a time period not to exceed thirty (30) days. Equipment usage that exceeds that timeframe will be reassessed by the parties and requires execution of an additional agreement between the parties. DocuSign Envelope ID: 0F819472-4E83-456F-8B39-E94EE290C2C0 i. Operator Qualifications. The Parties agree to permit Equipment to be used only by properly trained, properly licensed and supervised operators. All drivers shall be licensed and shall have a satisfactory driving record. All equipment operators shall be properly trained and qualified to operate the Equipment shared under this Agreement. Borrower shall make available to Provider upon request proof of training, licensing, and qualifications of operator(s). j. Usage Requirements. Equipment shared under this Agreement shall be used by Borrower’s employees only to conduct official business. Borrowers shall use and operate Equipment only for its intended purpose, in a careful manner and in compliance with all requirements for operation and of any governmental authority having jurisdiction, if applicable. Borrower shall not sublease or allow anyone other than Borrower’s employees to use Equipment shared under this Agreement. k. Borrower Responsible for Charges and Fees. Borrower is responsible for securing any permits required prior to use of Equipment and is responsible for any forfeitures, fines or other penalties or liens that might be incurred arising from or in connection with Borrower’s use, and shall hold the Provider harmless from and against any and all fines, assessments, fees, charges, expenses, penalties and forfeitures incurred in connection with Borrower’s use of shared Equipment. l. Fuel and Operating Fluids. Borrower shall be responsible for supplying all fuel and other operating fluids used during the period it borrows the Equipment. Provider shall ensure that the fuel tank(s) and other fluid reservoirs are full when Borrower picks up the Equipment, and Borrower shall ensure that the fuel tank(s) and other fluid reservoirs are full when it returns the Equipment to Provider. m. Maintenance and Repair of Equipment / Responsibility for Damage. Borrower shall be responsible for performing all required maintenance during the share period, such as fluid level checks and daily pre‐trip inspections. Borrower shall be responsible for the following items during the share period: 1. Tire repair and replacement of any damaged tires that cannot be safely repaired; 2. Replacement of any damaged or worn‐out tools such as cutting edges and bits; 3. Replacement of any windows or windshields that are cracked or damaged; 4. Minor repairs and adjustments required to keep the Equipment in safe operating condition during the share period, including but not limited to replacement of defective lighting or mirrors, adjustment of hinges or latches, adding fluids to correct DocuSign Envelope ID: 0F819472-4E83-456F-8B39-E94EE290C2C0 levels, and adding air to tires. If it is observed that Equipment requires an excessive amount of minor repairs and adjustments as described above, Borrower is to promptly notify Provider of specific issue prior to utilizing Equipment. Any repairs or replacements made by Borrower pursuant to the requirements of this agreement shall be performed by qualified personnel; specifically, persons or contractors employed by Borrower to maintain and repair Borrower’s own fleet equipment. Borrower shall notify Provider immediately if Provider’s Equipment is involved in any accident during the share period. Notwithstanding anything contained herein to the contrary, Provider shall be responsible for the repair or replacement of Equipment when: 1. Equipment fails during its normal operation due to no fault of the Borrower, and 2. Equipment, is being used as intended by the manufacturer, and 3. Equipment has received all manufacturer required maintenance during its use by the Borrower. Borrower shall reimburse Provider for the cost of repair or replacement of Equipment when: 1. Operating Equipment outside of its normal operation, and/ or 2. Operating Equipment in a manner not intended by the manufacturer, and/ or 3. Operating Equipment without performing required maintenance, and/or 4. The cost of repairing Equipment damage is due to accidents caused by equipment defects or malfunction. 5. When Borrower is otherwise at fault resulting in the need for the repair or replacement. Borrower shall be responsible for the cost of repairing all damage to equipment incurred during the share period that is not considered to be normal wear and tear necessitated by misuse or negligent operation. In cases of equipment damage resulting in a total loss, Borrower shall be responsible for covering the loss. Provider shall submit an invoice to Borrower, for actual cash value for any Equipment determined to be a total loss. In cases of Equipment damage resulting in a total loss caused by a third party where that party assumes responsibility, Borrower may seek reimbursement from the third party’s insurance carrier and Provider shall cooperate with Borrower as necessary to provide any necessary documentation related to such claim. DocuSign Envelope ID: 0F819472-4E83-456F-8B39-E94EE290C2C0 INSURANCE During the term of this agreement, each Party will keep in force, at its own expense, liability, property insurance and comprehensive in such amount as is determined by their respective municipality. Information as to insurance coverage shall be provided to other parties as necessary and upon request. EMPLOYMENT STATUS & LIABILITY Nothing in this Agreement shall alter the employment status of any employee providing services under this Agreement. Employees shall at all times continue to be subject to all standards of performance, disciplinary rules, and other terms and conditions imposed by their employer. No Party shall be responsible for the direct payment of any salaries, wages, compensation, or benefits of any employee of another Party to this Agreement. Any employee of any Party, while providing services under this Agreement, shall be covered by that Party for purposes of worker’s compensation, unemployment insurance, benefits under Chapter 40 of the Wisconsin Statutes, and any civil liability. For the purposes of third-party claims or lawsuits, each Party shall be solely responsible for its own acts and those of its employees and officers under this Agreement. Each party hereto agrees to provide liability protection for its officers, employees and agents while acting within the scope of their employment. Subject to any limitations contained in Sec. 893.80 and any similar statute, of the Wisconsin Statutes, each party further agrees to hold all other parties to this Agreement harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to person or property arising out of or in connection with or occurring during the course of this agreement where such liability is founded upon or grows out of the acts or omission of any of the officers, employees or agents of the indemnifying party while acting within the scope of their employment. The parties hereto intend by this indemnification, that each party will be responsible for the acts and omissions of its own officers, employees, agents, contractors, subcontractor and invitees to the extent not caused by, aggravated by, or enhanced by any other party ’s officers, employees, agents, contractors, subcontractor and invitees. Further, it is the intention of the parties to this Agreement that each party shall be entitled to rely upon the municipal limitations and immunities available under Wisconsin law, including but not limited to section 345.05, 893.80 and 893.83 of the Wisconsin Statutes and that such damage limits, caps and immunities shall be used to govern all disputes, contractual or otherwise, as they apply to the parties, their agents, officers and employees. DocuSign Envelope ID: 0F819472-4E83-456F-8B39-E94EE290C2C0 No Party shall be responsible or liable for consequential damages to another Party arising out of providing or using equipment, services, or labor under this Agreement. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of Wisconsin. TERMINATION Any Party may terminate this Agreement for any reason by giving thirty (30) days’ prior written notice to all other Parties. In the event o f such termination, all Equipment shall be returned to Provider(s) and the provisions of this Agreement pertaining to responsibility for fees and charges, repair and replacement of equipment, no warranty, and liability and insurance shall remain applicable for any incidents, suits, claims or potential claims relating to this agreement. ENTIRE AGREEMENT & AMENDMENT This Agreement represents a complete understanding of the Parties with respect to its subject matter and may not be amended except in writing. The Agreement may be executed in multiple counterparts or duplicate originals, each of which shall constitute and may be deemed as one and the same document. SIGNATURES The Municipality/Department signatory certifies that this Equipment Sharing Agreement has been approved by the Municipality and that the signatory is authorized to sign on behalf of the Municipality/Department so that this Agreement is binding upon the Municipality/Department. [Signatures will be on separate pages] DocuSign Envelope ID: 0F819472-4E83-456F-8B39-E94EE290C2C0 Attachment A – Departmental Lists of Equipment • Fire Apparatus • Ambulances • Specialized Vehicles • Special Operations Equipment (Technical Rescue, Hazardous Materials, Dive Rescue) • Durable Medical Goods (Heart Monitors, Suction Units, Mechanical Chest Compression Units) • Self-Contained Breathing Apparatus (SCBA’s) or other Respiratory Protection Components • Training Props, Simulators, Manikins, and associated equipment • Communications Equipment and Components • Vehicle Extrication Equipment • Testing and Calibration Equipment • Other miscellaneous equipment to be mutually agreed upon Attachment B – Department Liaisons Jeremy Hansen Fire Chief Appleton Fire Department 700 North Drew St. Appleton, WI 54911 Erick Gerritsen Fire Chief Fond du Lac Fire Rescue 815 S. Main St. Fond du Lac, WI 54935 Todd Sweeney Fire Chief Fox Crossing Fire Department 1326 Cold Spring Road Neenah, WI 54956 DocuSign Envelope ID: 0F819472-4E83-456F-8B39-E94EE290C2C0 Steve Denzien Fire Chief Grand Chute Fire Department 2250 Grand Chute Blvd. Grand Chute, WI 54913 Matthew Knott Fire Chief Green Bay Metro Fire Department 501 S. Washington St Green Bay, WI 54301 Jake Carrel Fire Chief Kaukauna Fire Department 201 Reaume Ave Kaukauna, WI 54130 Kevin Kloehn Fire Chief Neenah-Menasha Fire Rescue 125 Columbian Ave. Neenah, WI 54956 Mike Stanley Fire Chief Oshkosh Fire Department 101 Court St. Oshkosh, WI 54901 Attachment C – Inventory and Inspection Form DocuSign Envelope ID: 0F819472-4E83-456F-8B39-E94EE290C2C0 _________________________________ Lynn Lorenson, City Attorney _________________________________ Diane Bartlett, City Clerk ______________ Date ______________ Date ______________ Date _________________________________ Mark Rohloff, City Manager DocuSign Envelope ID: 0F819472-4E83-456F-8B39-E94EE290C2C0 6/14/2023 6/14/2023 6/15/2023 Attachment C – Inventory and Inspection Form Description of Item(s): ________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ General Safety Condition: Excellent: □ Good: □ Fair: □ Poor: □ Note: ________________________________________________________________________ ______________________________________________________________________________ Problem or Repairs Needed: Note: ________________________________________________________________________ ______________________________________________________________________________ Other: Note: ________________________________________________________________________ ______________________________________________________________________________ Pictures of Equipment Taken: Yes: □ No: □ NA: □ Inventory Completed: Yes: □ No: □ NA: □ Inspector Name: ______________________ Inspector Dept: ______________________ Receivers Name: ______________________ Receiver’s Dept: _____________________ Anticipated Return Date: _______________ Today’s Date: _________________________ DocuSign Envelope ID: 0F819472-4E83-456F-8B39-E94EE290C2C0