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Home My WebLink About04-384 OCTOBER 26, 2004 04-384 RESOLUTION (CARRIED ~ rO LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE FIRE SERVICE MUTUAL AID AGREEMENT INITIATED BY: OSHKOSH FIRE DEPARTMENT BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Fire Service Mutual Aid Agreement with the City of Appleton Fire Department 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. ) FIRE SERVICE MUTUAL AID PACT The City of Oshkosh Fire Department' AND City of Appleton Fire Department City, Village or Town ' City, ViIIage or Town STATEMENT OF PURPOSE: It is the purpose of this agreement to provide extended emergency response 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 emergency response capability that shall enable each participating municipality to meet its normal fire service needs. ' This agreement is entered into by and between the communities of: The City of Oshkosh, Wisconsin and the City of Appleton, Wisconsin, and shall be bilaterally binding upon each of the parties, and is entered into pursuant to the authority granted under Wisconsin Statutes Section 66.0301 providing for 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 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. The chief elëcted official (Le. Mayor; Village President and Town Chairperson) will be notified when feasible by the proper authoriti~s. RULES AND REGULATIONS for the technical operation of this pact shall be as follows and' shall be adhered to by member Fire Departments under the direction of their Fire Chiefs.' , A. Provided that nothing so written in the rules and regulations 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) B. The municipality requesting mutual aid shall be legally responsible for the acts of the fire fighters responding officially to a request for mutual aid while they are performing duty in the aided cOmmunity. "Performing Duty" shall include any movement of any equipment or use of material withiri the boundaries of the aided community. ' C. Responding or Aiding fire departments shall be responsible for the acts of their members enroute to or returning from the emergency in all other localities or places, other than within the boundaries of the aided community. ' D. 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; 1. Provided; however, that 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 damages therefrom. 2. Provided that, a requester of mutual aid assistance shall assume responsibility for the continued provision of such expendable supplies and resources, (e.g. motor fuel, foam, hazardous material supplies) as may be necessary, to all responding agencies during the course of the mutual aid request. ' 3. Provided further, that all parties shal! exercise due diligence in returning lost or forgotten equipment or material to the rightful owner. E. Responding or Aiding departments shall provide units that are adequately staffed and equipped. Except as otherwise provided, aiding departments shall respond in authorized and official fire department vehicles. F. If a member of a fire department is killed' or injured while officially. "responding to" or "returning from" or "acting at" the emergency under this mutua1 aid agreement the department of which he/she ¡sa member shall grant him/her the same compensation and insurance benefits that it would if the emergency were in his/her community. G. When requested by a responding or aiding department, directions to the scene shall be provided by the aided department to lead units inside the boundaries of the aided community. H. When filling a station, the requesting Fire Department shall provide an officer to respond on the apparatus. I. The Chief of the Fire Department, or his/her authorized assistant that made the request for aid, shall assume full charge of the operations. 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. J. Each member Fire Department shall file with the other participating Fire Chiefs a form mutually developed to provide the following: 1. Names of Chief and others in charge. 2. Business numbers of 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 chain-of-command. 5. Within the first month of each new year the chief of each member department shall provide member departments with updated a. maps of their community b. lists of available equipment c. personnel rosters showing chain-of-command All of the requirements with the exception of the map should be submitted on a mutually accepted form using a standard format known as a resource composite sheet. . K. Member departments utilizing water from other member communities' fire hydrants shall immediately notify that communities water authority and provide an estimate of volume drawn within seven days of such usage, to assure compliance with Wis. Adm. Code § PSC 185.31. The Fire Chiefs of the various sigllatories are hereby authorized to further enact the details of this pact for efficient day-to-day operation. This pact shall supersede all other previous mutual aid pacts for fire services entered into between the signatories. 2 TERMS OF AGREEMENT: This agreement shall remain in force and effect until canceled by filing with the affected municipalities of a cancellation notice approved by the governing body of the withdrawing unit of government and signed by its highest ranked elected official (Le. Mayor, Village President or Town Chairperson). Cancellation shall become effective thirty (30) days after the transmittal of such notice. BE IT RESOLVED: 1 . That this Mutual Aid Pact is hereby approved and the rights and duties therefor are hereby assumed and accepted, subject to the terms and conditions herein before set forth. 2. The Fire Chiefs of the respective signatories are hereby authorized and directed to do and perform the necessary acts to fulfill the obligations of this agreement. 3. The Mutual Aid Pact shall be reviewed by the respective Fire Chiefs every three (3) years. COMMUNITIES: AND City, Village or Town City, Village or Town SIGNED: Mayor, President, Chairperson Mayor, President, Chairperson Municipal Administrator (Clerk) Municipal Administrator (Clerk) Approved as to Form Approved as to Form Municipal Attorney Municipal Attorney Municipal Fire Chief Municipal Fire Chief Date of Signing Date of Signing H:\Word\Administraüon\Mutual Aid Pact - City of Oshkosh and City of Apple¡):)n Fire Departments - September 2004.doc