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HomeMy WebLinkAbout09-464DECEMBER 8, 2009 09 -464 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE INTERGOVERNMENTAL AGREEMENT TO ACQUIRE A FIRE APPARATUS SIMULATOR WITH AREA FIRE DEPARTMENTS INITIATED BY: OSHKOSH FIRE DEPARTMENT BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Intergovernmental Agreement between Neenah and Menasha, Winneconne /Poygan Town of Menasha, Town of Algoma, Town of Neenah, Town of Vinland, Town of Clayton, Town of Winchester, Town of Oshkosh and the Van Dyne Volunteer Fire Department, for the purpose of acquiring a FireSim driver simulator manufactured by MPRI with a cost to the City of Oshkosh of $7,050.74 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. BE IT FURTHER RESOLVED that money for this purpose is hereby appropriated from: Account No. 100 - 0230 - 6550 -00000 - Fire Department - Minor Equipment INTERGOVERNMENTAL AGREEMENT TO OPERATE A REGIONAL DRIVER SIMULATOR This Intergovernmental Agreement entered into as of the I" day of October, 2009 by and between the Cities of Neenah and Menasha operating as the Neenah Menasha Fire Rescue ( "NMFR "), City of Oshkosh; Winneconne/Poygan Fire District ( "WPFD "), Town of Menasha, Town of Algoma ( "Algoma "), Town of Neenah, Town of Vinland ( "Vinland "), Town of Clayton and Town of Winchester operating as the Clayton - Winchester Fire Dept. ( "CWFD "), Town of Oshkosh, and Van Dyne Volunteer Fire Department ( "VDVFD "). Collectively, the parties to this agreement shall be referred to as the "Fire Departments ". WITNESSETH WHEREAS, NMFR applied and was approved for an AFG Grant from the Federal Emergency Management Agency ( "FEMA ") for the purpose of acquiring a FireSim driver simulator manufactured by MPRI ( "Simulator "); and, WHEREAS, the Simulator was intended to be used on a regional basis to assure quality training for area fire department drivers and first responders; and, WHEREAS, the parties to this agreement wish to cooperate to allow the use of the Simulator to be shared among the Fire Departments; and, WHEREAS, an intergovernmental agreement under the authority of Wis. Stat. §66.0301 is necessary to detail the various rights and responsibilities as it relates to the Regional Driver's Simulator; and, WHEREAS, in order to manage the use, maintenance and repair of the Simulator, the Fire Departments wish to create a governing Task Force (the "Task Force ") composed of representatives from each of the Fire Departments; NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree to the following terms and conditions. I. MISSON STATEMENT. The Fire Departments recognize the need for quality driver training for their employees and members to insure the safety of the public and the employees and members of the Fire Departments. The Fire Departments have agreed that acquisition of the Simulator will significantly enhance the training of their personnel. The governing bodies of the participating municipalities and volunteer fire companies have formally authorized participation of their fire departments in the Task Force. 2. DEFINITIONS. The following terms shall be defined for the purposes of this Agreement as follows: a. Grant. The Grant shall be the AFG Grant from FEMA used to acquire the Simulator. b. Lead Agency. The Lead Agency shall be the Neenah - Menasha Fire Rescue. The Lead Agency shall also be responsible for all fiscal matters relating to the acquisition, maintenance, licensing and updates of the Simulator. c. Local Match Share. The Local Match Share shall be the Member Agency proportionate share of the 20 percent Local Match required by the Grant. d. Member Agency. The Member Agency shall be each of the signatory fire departments to this agreement, including the Lead Agency. e. Participation Share. The Participation Share shall be the Member Agency share of acquisition, capital and operating costs of the Simulator and shall be determined by the total number of authorized personnel involved in training with driver simulator, divided by the total of all Member Agency authorized personnel involved in training with driver simulator. f. Simulator. The Simulator is the FireSim driving simulator manufactured by MPRI, an L3 Division. g. Task Force. The Task Force shall consist of the chiefs of each of the fire departments that are party to this Agreement or the chief's designee. Each Member Agency shall have one vote on matters that come before the Task Force. h. Trainer. A firefighter or firefighters assigned by each Member Agency that will successfully complete the "Train the Trainer" program through the vendor for the Simulator. 3. SIMULATOR ACQUISITION AND ANNUAL OPERATING COSTS. The Lead Agency has successfully applied for and been awarded the Grant to acquire the Simulator. The grant requires a 20 percent match by the local recipients ( "Local Match "). Each Member Agency has agreed to share the 20 percent match on a pro rata basis based on the total authorized number of firefighters for each Member Agency in relation to the total number of authorized firefighters for all of the Fire Departments. Total acquisition cost of the Simulator is $169,000 with the Local Match totaling $33,800. The Member Agencies Local Match Share and Participation Share shall be based on the following table: Driver Simulator Grant Partici ation Department Number of Firefighters Participation Share Local Match Share NMFR 63 13.55% $ 4,579.35 Town of Menasha 55 11.83% $ 3,997.85 Algoma 34 7.31% $ 2,471.40 WPFD 50 10.75% $ 3,634.41 Town of Neenah 30 6.45% $ 2,180.65 City of Oshkosh 97 20.86% $ 7,050.75 Vinland 31 6.67% $ 2,253.33 Driver Simulator Grant Partici ation Department Number of Firefighters Participation Share Local Match Share CWFD 39 8.39% $ 2,834.84 Town of Oshkosh 30 6.45% $ 2,180.65 VDVFD 36 7.74% $ 2,616.77 Total 465 100.00% $33,800.00 Annual operating and capital costs associated with the operation of the Simulator shall be shared by the Member Agencies based on the Participation Share listed above. 4. LEAD AGENCY RESPONSIBILITY. The Lead Agency shall have the following responsibilities: a. Serve as Chair of the Task Force and provide necessary clerical staffing for the operation of the Task Force. b. Serve as fiscal agent for the Task Force. The Lead Agency shall manage the acquisition and operating budget and shall receive each Member Agency's Local Match Share and Participation Share and the Grant. The Lead Agency shall pay all expenses related to the acquisition and operations of the Simulator from the funds received from Member Agencies. c. Provide appropriate housing for the Simulator. When not being used by a Member Agency, the Simulator shall be stored at NMFR Station 35 (430 First Street, Menasha) or Station 31 (1080 Breezewood Ln., Neenah). Short -term storage may be shared with at a facility of a Member Agency. Any facility used to store the Simulator must be secured and have the ability to store the simulator indoors with the necessary power supply for the Simulator d. Provide licensing and insurance for the Similator. Arrange for any necessary licensing of the Simulator and provide general property insurance coverage for the Simulator. For purposes of providing licensing and insurance, the owner of the Simulator shall be listed as the City of Neenah. Notwithstanding the foregoing, ownership shall not confer any greater rights to the use of the Simulator than any other Member Agency. Any incremental cost associated with licensing and insurance of the Simulator shall be included in the annual budget for the operation of the Simulator. e. Prepare an annual budget for the Simulator. The Lead Agency shall prepare for consideration by the Task Force an annual operating budget for the Simulator. The budget shall be for the following calendar year and shall be prepared by October 1 of the previous year. The budget shall include operational, capital and depreciation costs associated with the Simulator use. f. Appoint a scheduling coordinator and manage the annual schedule for the operation of the Simulator. The Lead Agency shall also prepare an annual training schedule for review by the Task Force by November 1 St of each year. g. Coordinate and arrange for any required maintenance and software updates for the Simulator. h. Develop a checklist designed to ensure proper maintenance for the safe and proper transportation to the training site. Such checklist shall be designed to insure that the maintenance or operational issues related to the use of the Simulator shall be addressed before and after the Simulator's use by a Member Agency. i. Develop, in cooperation with the Trainers, curriculum and lesson plans for training and demonstrations for review and approval by the Task Force. j. Promulgate policies for the use of the Simulator by non - Member Agencies for review and approval by the Task Force. Said policies shall include a rental payment to cover the costs and depreciation associated with the use of the Simulator. k. Coordinate any subcontracting activities and applicable charges associated through subcontracting services to non - Member Agencies. Funds generated through subcontracting services shall be maintained in a separate fund by the City of Neenah Finance Department to be used for maintenance, upgrades, updates and/or insurance for the Simulator. 1. Comply with Task Force policy and direction regarding the operation of the Simulator and this Agreement consistent with the requirements of the Grant. 5. MEMBER AGENCY RESPONSIBILITY. Each Member Agency shall have the following responsibilities: a. Pay the Local Match Share and the Participation Share of the annual operating budget of the Simulator. b. Assign a representative to the Task Force. Each Member Agency will be entitled to one vote on the Task Force. The Fire Chief, or the Fire Chief's designee, of each Member Agency shall have the right to cast that Member Agency's vote. c. Assign a firefighter to be a Trainer for the Simulator. Each Member Agency shall be solely responsible for the costs incurred related to their designated Trainer. If a participating Member Agency has a need to replace their original Trainer or wants additional Trainers for their Member Agency, it shall be the sole responsibility of that Member Agency to pay for all expenses related to this. Each approved trainer who has completed the approved program shall be responsible for scheduling, training and securing the simulator when it is in their Member Agency's possession. Each Trainer shall be the responsible party for arranging the transport of the Simulator to the Trainer's Member Agency. d. Provide workers compensation and general liability insurance coverage for the period when the Member Agency is transporting the Simulator to the Member Agency and returning it to storage at the Lead Agency, storing and using the Simulator at the Member Agency's location. e. Pay all uninsured damage and required repairs resulting from damage to the Simulator occurring while in transit to and from a Member Agency and while housed at the Member Agency's location. In the event that damage to the Simulator is discovered and cannot be attributed to any particular Member Agency, the costs of repairs to such undesignated damages shall be paid proportionately by each Member Agency according to their Participation Share. f. Provide for the safe and proper transportation and storage of the Simulator while being used by the Member Agency. g. Maintain responsibility for all wage and disability payments, pensions and Worker's Compensation claims, clothing and medical expenses of its Trainer and other Member Agency staff using the Simulator. h. Use developed curriculum and lesson plans for training and demonstrations. It is expected that each Member Agency shall follow only lesson plans approved by the Task Force for consistency in training. 6. TASK FORCE RESPONSIBILITY. The Task Force shall have general oversight and management of the Simulator. To that end it shall: a. Meet at least annually to review the operations of the Simulator. b. Review and approve the annual operating budget for the Simulator on or before November 1 St of the prior calendar year. c. Review and approve the training schedule developed by the Lead Agency for the Simulator on or before December 1 St of the prior calendar year. d. Review and approve the training curriculum for the Simulator. e. Develop any policies needed for the use and operation of the Simulator. f. Develop policies for the use of the Simulator by non - Member Agencies. g. Quorum. A representative from 70 percent of the Member Agencies constitute a quorum of the Task Force, even if a particular representative chooses not to vote on any issue. Based on the total number of Member Agencies at the outset of this agreement, a quorum will consist of representatives of 7 of 10 Member Agencies. 7. ANNUAL BUDGET. The annual budget for the Simulator shall consist of all costs related to the annual service agreement, licensing, warranty, depreciation, maintenance and upgrades shall be paid by all participating departments based on the Participation Share. The Participation Share shall be adjusted annually based on each Member Agency total authorized personnel involved in training with driver simulator divided by the total number of authorized personnel involved in training with driver simulator of all Member Agencies. Once the Task Force approves the annual budget, the Lead Agency shall cause invoices to be sent to each of the Member Agencies based on each Member Agency's Participation Share. The invoice shall be due thirty (30) days after issuance by the Lead Agency. 8. NONMEMBER AGENCY SIMULATOR USE. During the first year of the Simulator operation, only Member Agencies shall use the Simulator for skill development and familiarization and to ensure compliance with the one -year warranty. Thereafter, the Task Force shall establish policies and a rental structure for Nonmember Agency use of the Simulator. 9. TRAINER COUNCIL. The designated trainers will have periodic meetings (as determined by the Task Force Members and /or trainers) to review the program, curriculum and lesson plans. Initially, curriculum for the training regimen for the Simulator shall be based on that recommended by the manufacturer. Thereafter the trainers shall be responsible for developing and implementing updates and refinements to the training curriculum for the Simulator. 10. TERMINATION OF MEMBERSHIP. Member Agency membership in the Task Force and participation in this Agreement may be terminated in the following manner: a. In the event that a Member Agency fails to send a representative to Task Force meetings for at least 75% of its meetings. b. With 90 day prior written notice, upon request at the end of the initial term of this agreement or at the end of any renewal term thereafter. c. Upon failure to make any required payments under this agreement after written notice from the Lead Agency and thirty (30) days from the date of said notice to cure by the delinquent Member Agency. d. Any Member Agency terminating membership in the Task Force and participation in this Agreement shall be required to bring current any delinquent amounts due under this Agreement from the terminating Member Agency that occurred prior to the Member Agency's termination. 11. GENERAL USE PARAMETERS. Use of the Simulator by all Member Agencies and any subcontracted nonmember agencies shall include: a. A certified trainer from each participating department b. Following the terms of use and storage. Use shall also include three 20 amp circuits. c. '/2 ton pick up truck with a class 3 hitch, electric brakes and pin and trailer plug to move the simulator Any participating department not following the terms of this agreement shall be terminated from their participation in this program. 12. PAYMENT DEFAULT. In the event that any Member Agency fails to timely pay any amounts due under this agreement, including any damages resulting from a Member Agency's use of the Simulator not covered by insurance, then that Member Agency's right to use the Simulator shall be suspended until such time as any delinquent payments are brought current. In the event that a Member Agency fails to pay any delinquent payments under this agreement after written notice from the Lead Agency and thirty (30) days to cure from said notice, then the Task Force may take action under Paragraph 10 above to terminate the delinquent Member Agency's membership. Notwithstanding the foregoing, if a Member Agency's membership is terminated for failure to pay, the Member Agency shall remain responsible to pay any delinquent amounts due under this agreement. Once the Member Agency brings current any delinquent payment, its membership in the Task Force and this Agreement shall be restored. So that the Lead Agency does not bear an inordinate share of any delinquent payments, the remaining Member Agencies shall advance any delinquent payments based on their share of the total number of Member Agency Firefighters less the delinquent Member Agency firefighters. Once delinquent payments are received, each Member Agency that advanced sums under this Paragraph shall be credited back delinquent payments based on their prior payments. 13. TERM. The initial term of this Agreement shall continue for a five (5) year period until December 31, 2014. During the initial term of this Agreement, the parties agree that it shall not be subject to dissolution. Thereafter the operation of this Agreement shall continue for successive one -year periods and shall be reviewed annually by the Task Force. 14. COUNTERPARTS. This agreement may be signed in counterparts which taken together constitutes the whole agreement of the parties. 15. MODIFICATION. This agreement may not be modified except in writing signed by all parties to the original agreement. 16. SEVERABILITY. Should any provisions of this Agreement be found to be in violation of State or Federal law, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. IN WITNESS WHEREOF, the parties hereto accept the terms of this Agreement as of the 1 s ` day of October 2009. CITY OF NEENAH By: Mayor Attest: Clerk Approved as to form: City Attorney CITY OF MENASHA By: Mayor Attest: Clerk Approved as to form: City Attorney CITY OF OSHKOSH By: City Manager Attest: Clerk Approved as to form: City Attorney WINNECONNE POYGAN FIRE DISTRICT By: Fire Chief TOWN OF MENASHA By: Town Chair Attest: Town Clerk TOWN OF NEENAH By: Town Chair Attest: Clerk TOWN OF ALGOMA By: Town Chair Attest: Town Clerk TOWN OF VINLAND By: Town Chair Attest: Town Clerk TOWN OF CLAYTON By: Town Chair Attest: Town Clerk TOWN OF WINCHESTER By: Town Chair Attest: Town Clerk TOWN OF OSHKOSH By: Town Chair Attest: Town Clerk VAN DYNE VOLUNTEER FIRE DEPARTMENT By: President Attest: Secretary CITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh, 54903-1130 City of Oshkosh 0 QfHKQIH TO: Honorable Mayor and Members of the Common Council FROM: Tim Franz, Fire Chief DATE: December 2, 2009 RE: Regional Driving Simulator Agreement for Fire Apparatus Driver BACKGROUND Neenah - Menasha Fire Rescue Department applied for and received a Regional Assistance for Fire Fighters Grant through FEMA for a fire apparatus driving simulator. This grant was applied for on behalf of all of the fire departments in Winnebago County if they chose to participate. The technology used in this driving simulator is comparable to what you may have seen in flight simulators for pilotsl It consist of an actual fire apparatus cab interior with the windows of the cab being computer screens on three sides. Through computer technology, various street layouts, traffic, and weather conditions are presented to the operator. ANALYSIS Given the fact that traffic accidents account for one of the largest percentages of fire fighter injury or death, fire apparatus operation training is a high priority. The simulator will provide for very intense driver training scenarios to challenge our staff in a non- consequential environment. It would not be cost effective for a single fire department to own a simulator, therefore, this grant and shared cost proposal would make this technology available in a very efficient manner. FISCAL IMPACT The simulator's total cost is $169,000, with the grant covering $135,000 or 80% of the cost. The local share of $33,800 is being split amongst the participating departments based upon staff numbers. The cost for our participation in this project is $7,050.74. The funds for this share are available in the fire department operating budget. RECOMMENDATION I recommend that the City Council approve this agreement, which will allow us access to this state- of -the- art training technology in a cost effective manner. The training provided by this simulator will benefit the citizens of this community and members of the department by lowering our risk for vehicle accidents and the consequences resulting from them. Respectfully Sub 7 itted, Timothy Franz Fire Chief Approved: Mark A. Rohloff City Manager C016