HomeMy WebLinkAbout03-224.docJULY 22, 2003 03-224 RESOLUTION
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PURPOSE:
APPROVE AGREEMENT-WINNEBAGO COUNTY FIRESERVICE
MUTUAL AID
INITIATED BY: FIRE DEPARTMENT
BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached
Agreement for Winnebago County Fire Service Mutual Aid is hereby approved and 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.
MEMO-oSHKOSH FIRE DEPARTMENT
Serial: 2003123
DATE: July 16, 2003
TO:
FROM:
SUBJECT:
Richard Woltangk, City Manager
Timothy Franz, Fire Chief'~ ~
County Wide Mutual Aid Agreement
The Fire Chief's in Winnebago County have been working together for the past year to
develop a county wide mutual aid agreement to replace all of the individual agreements we
currently have. This new agreement was developed collectively with assistance of our City
Attorneys' office.
Our purpose in doing so was to update the agreements we currently have in place and
simplify the process by having one agreement cover all entities. The City of Oshkosh has
agreements currently with the majority of fire departments in the county; they all contain
exactly the same language with the exception of the title and signature pages, needless
duplication.
I recommend that the City of Oshkosh become party to this agreement for several reasons.
The first reason, is why we already have mutual aid agreements. We have an adequate fire
fighting force for the majority of incidents in our city, however in the event of large fires,
multiple incidents or disaster we may need help to protect our citizens and their property. We
have relied on mutual several times over the past ten years to assist at incidents or cover our
fire stations when our units are tied up at a major incident. The second reason is, to have this
help available we must also be willing to help our neighbors as well, which is the other half
of this "mutual agreement". In regard to this, we do reserve the fight of refusal in the
agreement to ensure adequate protection for our City first. Lastly, as I stated earlier to
simplify our currently multiple agreements.
If there are any questions or concerns regarding this agreement please pass them on to me.
Thank for you for considering this matter,
Winnebago County
Fire Service Mutual Aid Pact
STATEMENT OF PURPOSE: It is the purpose of this agreement to provide
extended fire fighting, and first r6sponder capabilities in the participating
municipalities.
Reliance on mutual aid under this agreement is not intended to be a substitute
for maintenance of an adequate level of fire fighting capability and/or first
responder care that shall enable each participating municipality to meet its
normal fire and first responder needs.
This agreement is entered into by and between the following municipalities
located within Winnebago County and/or adjacent to Winnebago County that
provide fire protection and related services in Winnebago County: the towns of
AIgoma, Clayton-Winchester, Menasha, Neenah, Nekimi, Omro, Oshkosh,
Rushford, Utica, Van Dyne, Vinland; the Boombay Fire Company; the
Winneconne-Poygan Fire District; and the cities of Berlin, Ripon and Oshkosh.
This agreement shall be binding upon each of the parties and is entered into
pursuant to §66.0301 Wis. Stats. Intergovernmental Cooperation.
This agreement shall become effective on the date an executed copy hereof is
filed in the office of the municipal clerks of the respective parties.
OPERATION: Each member municipality hereby authorizes their Fire Chief or
personnel to request and afford mutual aid from and to other pact members when
properly requested. In the absence of the Fire Chief, the departmental personnel
are authorized to act employing the appropriate chain of command.
RULES AND REGULATIONS for the technical operation of this pact shall be as
follows and shall be adhered to by member Fire Departments and First
Responder groups under the direction of their Fire Chiefs.
Nothing contained herein shall in any way require a pact member to, at
any time, materially impair the service necessary for the protection of
their individual municipalities. (Right of Refusal)
No Signatory shall be held liable to another signatory for damages,
loss of equipment, injury to personnel or payment of compensation
arising as a result of assistance rendered under the terms of this
agreement, except as follows:
1. if the equipment or property of a signatory is damaged or destroyed
by the willful, wanton or reckless conduct of another signatory, its
agent or employees, the signatory responsible for such misuse
and/or injury shall be responsible for the damages therefrom.
2. The requesting department shall assume responsibilities for
expenses such as lubrication oit, motor fuel, foam and expendable
resources such as hazardous materials supplies to the extent of
supplies available at the time of the request or shall be billed by the
mutual aid commanders, if thought necessary.
3. All parties shall exercise due diligence in returning lost or forgotten
equipment or material to the rightful owner.
C. The municipality requesting mutual aid should be specific as to what
equipment and personnel are needed for that incident. The
responding department shall respond with only what is asked for, and
shall provide units that are adequately staffed and equipped, including
at least one officer. Aiding departments shall respond in authorized
and official Fire Department vehicles unless specifically authorized by
the requesting department.
D. If a member of a fire department or responder group is killed or injured
while officially "responding to" or "returning from" or "acting at" the
emergency under this mutual aid agreement, the department of which
he/she is a member shall grant him/her the same compensation and
insurance benefits that it would if the emergency were in his/her
community.
E. When requested by a responding or aiding department, directions to
the scene shall be provided by the aided department.
F. The ranking officer of the requesting department shall maintain full
charge of the operation. However, the apparatus, personnel,
equipment and material of any department rendering assistance, shall
be under the immediate supervision of, and shall be the immediate
responsibility of, the officer in command of the responding apparatus
rendering assistance.
G. Each member Fire Department shall annually file with the other
participating Fire Chiefs a form mutually developed to provide the
following:
1. names of chief officers
2. business numbers of the departments, if available
3. a list of any or all equipment available for mutual aid
4. a copy of the department personnel roster showing the chaimof-
command
5. proof of current insurance liability and property coverage
6. maps of the community
2
This information shall be provided during January of each new year by
the Chief of each member department.
H. Member departments utilizing water from other member communities'
fire hydrants shall immediately notify that community's water authority
and provide an estimate of volume drawn within seven days of such
usage to assure compliance with Wis. Admin. Code §PSC 185.31.
This agreement shall not be construed to authorize the use of a
member communities' hydrant system for emergency response outside
of the municipal boundaries nor to circumvent any existing hydrant use
agreements.
I. The Fire Chiefs of the various signatories are hereby authorized to
further enact the details of this pact for efficient day-to-day operation.
TERMS OF AGREEMENT: This pact shall supercede all other previous
mutual aid pacts for fire services entered into between the signatories.
This agreement shall remain in force and effect until terminated in
accordance with this paragraph. Any signatory wishing to terminate their
participation in this agreement must file a written notice of termination with
all other current signatories to the agreement. The notice of termination
shall be approved by the governing body of the withdrawing department
and shall be signed by the highest ranking officer (chairperson or city
manager). Termination shall be effective thirty (30) days after the date of
transmittal of such notice.
TOWNS OF ALGOMA; CLAYTON-WINCHESTER; MENASHA; NEENAH;
NEKIMI; OMRO; OSHKOSH; RUSHFORD; UTICA; VAN DYNE;
VINLAND; THE BOOMBAY FIRE COMPANY; WINNECONNE-POYGAN
FIRE DISTRICT; CITY OF BERLIN; CITY OF OMRO; CITY OF RIPON
TOWN OF ALGOMA
Town Chairman
Town Fire Chief
Date Signed
Date Signed
CITY OF BERLIN
City Mayor or Administrator
City Fire Chief
Date Signed
Date Signed
BOOMBAYFIRECOMPANY
Town Chairman
Town Fire Chief
Date Signed
Date Signed
TOWN OF CLAYTON-WINCHESTER
Town Chairman
Town Fire Chief
Date Signed
Date Signed
TOWN OF MENASHA
Town Chairman
Town Fire Chief
Date Signed
Date Signed
TOWN OF NEENAH
Town Chairman
Town Fire Chief
Date Signed
Date Signed
4
TOWN OF NEKIMI
Town Chairman
Town Fire Chief
CITY OF OMRO
City Mayor or Administrator
City Fire Chief
TOWN OF OMRO
Town Chairman
Town Fire Chief
Date Signed
Date Signed
Date Signed
Date Signed
Date Signed
Date Signed
TOWN OF OSHKOSH
Town Chairman
Town Fire Chief
Date Signed
Date Signed
CITY OF OSHKOSH
City Manager
City Clerk
Date Signed
Date Signed
CITY OF RIPON
City Mayor or Administrator
City Fire Chief
TOWN OF RUSHFORD
Town Chairman
Town Fire Chief
TOWN OF UTICA
Town Chairman
Town Fire Chief
Date Signed
Date Signed
Date Signed
Date Signed
Date Signed
Date Signed
VAN DYNE FIRE DEPARTMENT
Town Chairman- Black Wolf
Town Chairman - Friendship
Fire Chief
TOWN OF VINLAND
Town Chairman
Town Fire Chief
Date Signed
Date Signed
Date Signed
Date Signed
Date Signed
WINNECONNE-POYGAN FIRE DISTRICT
Town Chairman - Winneconne
Town Chairman - Poygan
Village President - Winneconne
District Fire Chief
Date Signed
Date Signed
Date Signed
Date Signed