HomeMy WebLinkAboutAmbulance-Mutual Aid/Berlin
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Whereas, the Fox Valley Paramedic System Plan of the Fox Valley Medical L
Control Authority requires ambulance providers to have mutual aid agreements
with other providers; and
MUTUAL AID AGREEMENT
AMBULANCE SERVICES
Whereas, City of Berlin Emergency Medical Services and the City of Oshkosh
Fire Department agree to provide mutual aid ambulance coverage when
requested through a 911 Dispatch Center or by direct call from the requesting
party, subject to available resources.
I n consideration of the mutual promises, covenants and agreements set forth
below, and in exchange for other good and valuable consideration, the
sufficiency 'of which is hereby acknowledged by the parties, City of Berlin
Emergency Medical Services, hereinafter "Berlin EMS", and the City of Oshkosh
Fire Department, hereinafter "Oshkosh", both Wisconsin EMS providers, hereby
agree as follows:
1. Term. The term of this agreement shall commence on the date set forth
below and continue for a period of one year, after which it will automatically
renew for successive one year terms, unless terminated by either party by
written notice to the other of its intent to do so, such notice being made not
less than ninety (90) days prior to the end of the term.
2. Requests for aid. Upon either party's request or upon request from the 911
Dispatch Center, the other party shall render aid to the requesting party in the
form of EMS personnel and equipment for the purpose of supplementing and
rendering aid to the requesting party in its response to fires, accidents, EMS
calls, mass casualties and any other similar EMS -needs.
3. Costs. The parties agree that each shall respond to without cost, charge or
financial assessment to the other party or the 911 Dispatch Center. Each
party shall have the right to directly charge and bill any person, or such
person's insurance carrier for EMS services provided at the incident scene or
for conveyance to a medical facility therefrom according to that service
provider~ usual and customary billing practices
4. Operational Control. The requesting party shall assume control over the
operations of a mutual aid incidenfscene, however, it shall be each party's
responsibility to maintain control of their own equipment, the safety of their
own personnel and others at the scene or within the immediate vicinity. Upon
response to the mutual aid scene the responding party shall be subordinate
to, cooperate with and follow all reasonable order(s) from the person in
charge of the scene.
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5. Liability. Each party shall be responsible for its own liabilities, errors, acts and
,omissions while rendering aidto the other. This shall include, without
limitation by enumeration, activities while on the scene of the incident, travel
to and from the scene of the incident, travel to and from a hospital or medical
facility in furtherance of patient transport from the scene of the incident, and
travel to .and from either party's fire station/EMS facility and its members'
residences, places of employment or any other such locations. Each party
agrees to hold the. other harmless, indemnify it and defend it from and against
any and all claims stemming from the responsible party's sole negligence,
recklessness or willful or wanton acts or omissions.
6. 'Liability Insurance Coveraqe. The parties agree to maintain separate and
adequate policies of liability insurance in amounts mutually agreeable to the
other, and to provide proof of such insurance to the other upon request at any
time during the term, including successive terms, of this agreement. This
agreement shall not require that the other party be listed or considered as an
"additional insured" on the other's insurance policy.
7. Workers Compensation Coveraoe. 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 witb (lrequest 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.
8. Damaqe to Equipment /Iniurv to Personnel. No party shall be held liable to
the other for damages, loss of equipment, injury to personnel or payment of
compensation arising as a result of assistance rendered under theterm~ of
this agreement. , 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 the
responding party.
9. Declination of Requests. Either party may decline a request for mutual aid,' if
in the best judgment and discretion of the responding officer in charge at the
time of the request, the safety of the responding party's own jurisdictions'
inhabitants would be excessively compromised or otherwise putin
unwarranted jeopardy. In the event of such decision, the responding party
shall immediately notify the requesting party of its decision and shall assist
the requesting party in summoning assistance of other service providers, if
practical or feasible.
10. No Joint Venture. This agreement shall not be c.onstrued as creating a
partnership, cooperative or joint venture between the parties, and each party
shall maintain its own autonomous status. This agreement, while intended to
be invoked freely and without reservation in the case of actual need for
additional manpower and/or equipment exceeding the normal capabilities of
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either party's EMS resources, shall not be invoked casually or as a frequent
or primary response to the requesting party's own EMS calls.
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.
Dated this ,q ~ day of ~.vU
, 2006"
City of Berlin Emergency Medical Services
City of Oshkosh
:?I!i~
City Manager
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By: Pamela R. Ubrig
City Clerk
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· - .-~n A. Lorens n
Assistant City Attorney
\ herelJY
have been made ,
accrue under this contract
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