HomeMy WebLinkAboutLifestar Mutal AidMutual Aid Agreement
City of Oshkosh / LifeStar Ambulance
January 1, 2026 – June 30, 2026
1
In consideration of the mutual aid set forth below, acknowledged by the parties: LifeStar
Emergency Medical Services, LLC, a Wisconsin EMS provider (“LifeStar”), and
Oshkosh Fire Department (OFD), a Wisconsin fire department/EMS provider, hereby
warrant, covenant, and agree as follows:
1. TERM AND REVIEW PROCESS.
The term of this agreement shall commence on the date set forth below and
continue for a period of six months. This agreement shall not automatically
renew; instead, renewal for the remainder of 2026 shall be contingent upon a
mutual review on or before May 15th, 2026 and determination that the contract
has been mutually beneficial. A formal review will be conducted on or before the
conclusion of the initial six-month term to assess the agreement's benefits,
ensuring no undue burdens are placed on either party that impact their ability to
maintain the same or a higher level of service for their constituency. If both
parties agree to continue the agreement post-review, a written notice must be
provided no later than thirty (30) days prior to the end of the initial term. Either
party may terminate the agreement by providing written notice to the other party,
with such notice being made not less than thirty (30) days prior to the end of the
initial or any renewal term. Renewal terms will be 6 months in duration and auto
renew provided neither party provides notice of termination. Upon a request by
either party during the term of this Agreement, the other party shall provide aid,
including its EMS personnel and equipment, to support the requesting party in
responding to accidents, EMS calls, mass casualties, and other similar EMS
needs.
2. AID REQUEST MANAGEMENT.
Either party may decline a request for mutual aid at the discretion of the
responding party's fire chief, director, or ranking officer in charge. In the event
of such a decision, the responding party shall promptly notify the requesting
party. No party shall make claims against the other party for refusal to send the
requested resources. Except in extreme circumstances, the OFD will only
provide aid: if a regularly staffed ambulance is available, not from cross-staffed
resources; and the location of the aid is in the areas identified in Addendum
A.
3. INDEPENDENCE IN OPERATIONS.
This Agreement shall not constitute a partnership, cooperative, or joint venture
between the parties, and each shall maintain its autonomous status. The
Agreement is meant to be invoked freely and without reservation during genuine
need for additional personnel and/or equipment above either party's normal EMS
capabilities, but not as a frequent or primary response mechanism.
4. MUTUAL AID AGREEMENTS AND RESOURCE MANAGEMENT.
Docusign Envelope ID: 43AA0AA3-A159-4B25-ABE8-2564693CE160
Mutual Aid Agreement
City of Oshkosh / LifeStar Ambulance
January 1, 2026 – June 30, 2026
2
Each transporting service shall have at least two mutual aid agreements to ensure
continuous coverage within the service areas at all times as defined in the current
EMS Rules. This coverage shall be at the same or higher level of licensure as the
requesting service. Parties will have two ambulances on shift, generally stationed
in areas for timely response, without relying on mutual aid for normal service
delivery. Ambulances assigned to the OFD or contracted for the Southern
Winnebago EMS District shall not be used for hospital transports.
5. INCIDENT CONTROL.
The ranking officer of the first responding 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. Upon response to the mutual aid
scene later responding units shall be subordinate to, cooperate with and follow
all reasonable order(s) from the person in charge of the scene. All parties shall
operate pursuant to the structure and procedures of the National Incident
Command Management System (NIMS) utilizing the Incident Command System
(ICS).
6. INSURANCE, LIABILITY, AND LIMITATIONS.
The parties agree to maintain separate and adequate liability insurance policies,
in amounts mutually agreeable, and to provide proof of such insurance upon
request during the term. Neither party shall be listed or considered as an
"additional insured" on the other's policy. Each party shall be responsible for its
own liabilities, errors, acts, and omissions while rendering aid to the other. "In
the course of rendering aid to the other" shall be construed broadly to include,
without limitation:
a) Activities on the scene of the incident;
b) Travel to and from the incident scene;
c) Travel to and from a hospital or medical facility in
furtherance of patient transport from the scene;
d) Travel to and from each party's fire station/EMS facility and
its members’ residences, places of employment, or other such
locations.
7. DAMAGE TO EQUIPMENT / INJURY TO PERSONNEL.
No party shall be held liable to the other for damages, loss of equipment, and
injury to personnel or payment of compensation arising as a result of assistance
rendered under the terms of this agreement unless the damages are caused by the
other party. Each party agrees and represents that it has insurance or is self-
insured and shall continue to insure/self-insure its trucks, apparatus and
equipment against loss or damage in an amount deemed adequate by that party.
Docusign Envelope ID: 43AA0AA3-A159-4B25-ABE8-2564693CE160
Mutual Aid Agreement
City of Oshkosh / LifeStar Ambulance
January 1, 2026 – June 30, 2026
3
A. Workers Compensation Coverage.
Each party shall keep and maintain necessary workers compensation
coverage insurance on the personnel furnished in accordance with
Chapter 102 Wisconsin Statutes. If a member of a responding party’s
service is killed or injured while officially responding to, or returning
from or performing duties in connection with a request for mutual aid
under this agreement, the service of which he/she is a member shall
grant him/her the same compensation and insurance benefits that it
would if the incident occurred in his/her own service area.
B. Damage or Loss of Equipment.
Neither party shall be held liable to the other signatory for damages or
loss of equipment arising as a result of assistance rendered under the
terms of this agreement.
8. BILLING.
Each party shall have the right to charge and bill any person, or their insurance
carrier, for EMS services rendered at a mutual aid incident or during transport to
a medical facility.
9. COOPERATION IN AUDITS.
Each party shall fully and completely cooperate with the other party, each party’s
insurer, each party’s attorneys and Auditors or other representative in connection
with (a) any internal or governmental investigation or administrative, regulatory,
arbitral or judicial proceeding (collectively “Litigation”) or internal or
governmental Audit, with respect to matters relating to this Agreement; other
than a third party proceeding in which the parties are each named and have not
entered into a mutually acceptable joint defense agreement.
Such cooperation may include, but shall not be limited to, responding to requests
for documents and/or other records, and making employees available to the
other party (or their respective insurers, attorneys or auditors) upon reasonable
notice for: (i) interviews, factual investigations, and providing declarations or
affidavits that provide truthful information in connection with any Litigation or
Audit; (ii) appearing to give testimony without requiring service of a subpoena
or other legal process (although a subpoena may be required by a party for
documentation purposes formal service of the subpoena shall not be required);
(iii) volunteering all pertinent information related to any Litigation or Audit; and
(iv) providing information and legal representations to auditors in a form and
within a timeframe requested.
Docusign Envelope ID: 43AA0AA3-A159-4B25-ABE8-2564693CE160
Mutual Aid Agreement
City of Oshkosh / LifeStar Ambulance
January 1, 2026 – June 30, 2026
4
A party requesting information or cooperation under this paragraph shall
reimburse the other party for reasonable direct expenses incurred in
connection with providing documents and records required under this
paragraph and may require, at the party’s sole discretion, such expenses to be
documented by receipts or other appropriate documentation. Reasonable
direct expenses include costs, such as copying, postage and similar costs; but
do not include wages, salaries, benefits and other employee compensation.
10. STANDARD TERMS.
A. No Assignment. Neither party may assign this Agreement.
B. Non-Exclusivity. Nothing in this Agreement shall limit the ability of
either Party from agreeing to participate in more specific contracts for
service, or mutual assistance and automatic response agreements; nor
shall this Agreement prohibit any party from providing emergency
assistance to another jurisdiction which is not a participant in this
Agreement.
C. No Waiver. No waiver, amendment, or variation of the terms of this
Agreement shall be valid unless in writing and signed by both parties,
and then only to the extent specifically set forth in writing.
D. Jurisdiction and Venue. The laws of the State of Wisconsin shall
govern the interpretation and construction of this Agreement.
Winnebago County shall be the venue for all disputes arising under this
Agreement.
E. Electronic Signature / Counterparts. This Agreement may be
executed in several counterparts, each of which shall be deemed an
original, but such counterparts shall together constitute but one in the
same Agreement. Electronic / Facsimile signatures shall be deemed
original signatures for all purposes of this Agreement.
F. Headings. Headings contained in this Agreement are for convenience
of reference only and are not intended to define, limit or describe the
scope or intent of any provision of this agreement.
G. Agreement not to be Construed against Party. This Agreement is the
product of negotiation between the parties hereto and no term, covenant
or provision herein or the failure to include a term, covenant or
provision shall be construed against any party hereto solely on the basis
that one party or the other drafted this Agreement or any term, covenant
or condition contained herein.
H. No Third-Party Beneficiaries. This Agreement is intended solely for
the benefit of the parties hereto, and no third party (other than
successors and permitted assigns) shall have any rights or interest in any
Docusign Envelope ID: 43AA0AA3-A159-4B25-ABE8-2564693CE160
Mutual Aid Agreement
City of Oshkosh / LifeStar Ambulance
January 1, 2026 – June 30, 2026
5
provision of this Agreement, or as a result of any action or inaction of
either party in connection therewith.
I. Entire Agreement. The entire agreement of the parties is contained
herein and this agreement supersedes any and all oral agreements and
negotiations between the parties relating to the subject matter hereof.
J. Severability. The determination by a court of competent jurisdiction
that any term of this Agreement is invalid, illegal, or unenforceable shall
not invalidate the remainder of the Agreement.
The parties enter into this agreement knowingly, voluntarily, and in the spirit of
mutual cooperation and volunteerism, for the benefit of their communities,
humanity and the common good.
Signatures of Authorized Representatives
LIFE STAR AMBULANCE
________________________________ ____________________
(Name and Title) Date Signed
CITY OF OSHKOSH
________________________________ ____________________
Rebecca Grill, City Manager Date Signed
________________________________ ____________________
City Clerk Date Signed
________________________________ ____________________
Tim Heiman, Fire Chief Date Signed
________________________________ ____________________
Lynn A. Lorenson, City Attorney Date Signed
Docusign Envelope ID: 43AA0AA3-A159-4B25-ABE8-2564693CE160
11/6/2025
11/6/2025
11/6/2025
11/6/2025
11/6/2025President
Addendum A: Areas identified Town of Omro, City of Omro, Town of Utica (East of Elo Rd), Town of Nekimi, Town of Black Wolf
Town of Algoma, City of Oshkosh South of River
Blue Area = OFD Primary area for M.A Green Area = Life Star Primary Area for M.A
Docusign Envelope ID: 43AA0AA3-A159-4B25-ABE8-2564693CE160