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HomeMy WebLinkAbout10. 12-548 NOVEMBER 13, 2012 12-548 RESOLUTION (CARRIED___7-0____ LOST _______ LAID OVER _______ WITHDRAWN _______) PURPOSE: APPROVE MUTUAL AID AGREEMENTS – AMBULANCE SERVICES INITIATED BY: FIRE DEPARTMENT BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized to enter into, execute, and deliver Mutual Aid Agreements in substantially the same form as attached hereto, any changes in the execution copies being deemed approved by their respective signatures, for Ambulance Services with Gold Cross of the Fox Cities, North Fond du Lac Fire Department, Ripon Guardian Ambulance, Berlin Ambulance, and Waushara County EMS. BE IT FURTHER RESOLVED that the appropriate City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the attached Agreements. TO: Honorable Mayor and Members of the Common Council FROM: Tim Franz, Fire Chief DATE: November 7, 2012 RE: Request to Approve Mutual Aid Agreements for Ambulance Service BACKGROUND Fire departments and ambulance services have relied on mutual aid for large incidents and disasters for some time and it is imperative to have agreements in place to ensure this assistance is available. The state of Wisconsin administrative rules for ambulance services also highly encourage all ambulance services have mutual aid agreements with every service that borders your response district. While in the process of updating our operational plan with the State, we also believed it was prudent to review and update our mutual aid agreements with the services that we border which are, Gold Cross of the Fox Cities,North Fond du Lac Fire Department, Ripon Guardian Ambulance, Berlin Ambulance and Waushara County EMS ANALYSIS The City of Oshkosh already enjoys mutual aid agreements with all of the services listed above; the proposed agreements represent essentially no change in spirit or intent of the agreements. The new contracts contain updates in service information and liability matters. We and our mutual aid partners invoke these agreements less than five incidents per year on average. Every service also maintains the right of refusal if the situation in their jurisdiction is not favorable at the time of the request for giving aid. FISCAL IMPACT There is no cost for having these agreements in place, nor are there any charges or cost for providing or receiving assistance. If we provide service in another jurisdiction or vice versa, the patient receiving care and transport would be billed by the transporting service. RECCOMENDATION I recommend that we enter into agreements with Gold Cross of the Fox Cities,North Fond du Lac Fire Department, Ripon Guardian Ambulance, Berlin Ambulance and Waushara County EMS. This will give our community as well as out mutual partners, access to a much greater range of resources in the event of resource exhaustion or major emergencies. Please direct any questions regarding this matter to the Fire Chief Respectfully Submitted, Approved: Timothy Franz City Manager Fire Chief MUTUAL AID AGREEMENT AMBULANCE SERVICES Whereas, Waushara County 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. In 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, Waushara County Emergency Medical Services, hereinafter"Waushara 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 initial term or the end of any renewal 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, or to the initial party arriving at the incident scene if the request is from the 911 Dispatch Center, 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 to the 911 Dispatch Center. Each party shall have the right to directly charge and bill any responsible person or entity, or such person's or entity's insurance carrier, for EMS services provided at the incident scene, for transportation from the incident scene to a medical facility, , or for any other similar service provided that is related to the incident, according to that service provider's usual and customary billing practices 4. Operational Control. The requesting party, or the initial party arriving on the incident scene if the request is from the 911 Dispatch Center, shall assume control over the operations of a mutual aid incident scene; 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 in the same manner that they are responsible when they are the sole responsible responder at an incident scene. Upon response to the mutual aid October 25,2012 scene the responding party shall be subordinate to, cooperate with and follow all reasonable order(s) from the person in charge of the scene. 5. Liability. Each party shall be responsible for its own liabilities, errors, acts and omissions while rendering aid to the other, or while exercising control over the operations of a mutual aid incident. 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 or comparative negligence, recklessness or willful or wanton acts or omissions. The indemnification and hold harmless terms apply to claims made against individual employees and/or agent of a party, or against the party as an entity. 6. Liability Insurance Coverage. The parties agree to maintain separate and adequate policies of liability insurance in amounts not less than One Million Dollars ($1,000,000.00) and based shall be on a "claims made" coverage basis, or any other criteria considered reasonable by the party under these circumstances, 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 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. 8. 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 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 put in unwarranted jeopardy. In the event of such decision, the responding party shall immediately notify the requesting party of its decision and shall assist October 25,2012 the requesting party in summoning assistance of other service providers, if practical or feasible. 10.No Joint Venture. This agreement shall not be construed 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 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 day of , 2012 Waushara County Emergency Medical Services City of Oshkosh By: By: Mark Rohloff Its: City Manager and: By: By: Pamela R. Ubrig Its: City Clerk Approved: By: Lynn A. Lorenson City Attorney October 25,2012 MUTUAL AID AGREEMENT AMBULANCE SERVICES Whereas, Ripon Guardian Ambulance Service 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. In 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, Ripon Guardian Ambulance Service, hereinafter"Ripon 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 initial term or the end of any renewal 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, or to the initial party arriving at the incident scene if the request is from the 911 Dispatch Center, 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 to the 911 Dispatch Center. Each party shall have the right to directly charge and bill any responsible person or entity, or such person's or entity's insurance carrier, for EMS services provided at the incident scene, for transportation from the incident scene to a medical facility, , or for any other similar service provided that is related to the incident, according to that service provider's usual and customary billing practices 4. Operational Control. The requesting party, or the initial party arriving on the incident scene if the request is from the 911 Dispatch Center, shall assume control over the operations of a mutual aid incident scene; 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 in the same manner that they are responsible when they are the sole responsible responder at an incident scene. Upon response to the mutual aid October 25,2012 scene the responding party shall be subordinate to, cooperate with and follow all reasonable order(s) from the person in charge of the scene. 5. Liability. Each party shall be responsible for its own liabilities, errors, acts and omissions while rendering aid to the other, or while exercising control over the operations of a mutual aid incident. 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 or comparative negligence, recklessness or willful or wanton acts or omissions. The indemnification and hold harmless terms apply to claims made against individual employees and/or agent of a party, or against the party as an entity. 6. Liability Insurance Coverage. The parties agree to maintain separate and adequate policies of liability insurance in amounts not less than One Million Dollars ($1,000,000.00) and based shall be on a "claims made" coverage basis, or any other criteria considered reasonable by the party under these circumstances , 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 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. 8. 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 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 put in unwarranted jeopardy. In the event of such decision, the responding party shall immediately notify the requesting party of its decision and shall assist October 25,2012 the requesting party in summoning assistance of other service providers, if practical or feasible. 10.No Joint Venture. This agreement shall not be construed 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 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 day of , 2012 Ripon Guardian Ambulance Service City of Oshkosh By: By: Mark Rohloff Its: City Manager and: By: By: Pamela R. Ubrig Its City Clerk Approved: By: Lynn A. Lorenson City Attorney October 25,2012 MUTUAL AID AGREEMENT AMBULANCE SERVICES Whereas, North Fond du Lac Fire Department 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. In 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, North Fond du Lac Fire Department, hereinafter"NFDL", 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 initial term or the end of any renewal 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, or to the initial party arriving at the incident scene if the request is from the 911 Dispatch Center, 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 to the 911 Dispatch Center. Each party shall have the right to directly charge and bill any responsible person or entity, or such person's or entity's insurance carrier, for EMS services provided at the incident scene, for transportation from the incident scene to a medical facility, , or for any other similar service provided that is related to the incident, according to that service provider's usual and customary billing practices 4. Operational Control. The requesting party, or the initial party arriving on the incident scene if the request is from the 911 Dispatch Center, shall assume control over the operations of a mutual aid incident scene; 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 in the same manner that they are responsible when they are the sole responsible responder at an incident scene. Upon response to the mutual aid October 25,2012 scene the responding party shall be subordinate to, cooperate with and follow all reasonable order(s) from the person in charge of the scene. 5. Liability. Each party shall be responsible for its own liabilities, errors, acts and omissions while rendering aid to the other, or while exercising control over the operations of a mutual aid incident. 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 or comparative negligence, recklessness or willful or wanton acts or omissions. The indemnification and hold harmless terms apply to claims made against individual employees and/or agent of a party, or against the party as an entity. 6. Liability Insurance Coverage. The parties agree to maintain separate and adequate policies of liability insurance in amounts not less than One Million Dollars ($1,000,000.00) and based shall be on a "claims made" coverage basis, or any other criteria considered reasonable by the party under these circumstances , 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 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. 8. 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 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 put in unwarranted jeopardy. In the event of such decision, the responding party shall immediately notify the requesting party of its decision and shall assist October 25,2012 the requesting party in summoning assistance of other service providers, if practical or feasible. 10.No Joint Venture. This agreement shall not be construed 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 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 day of , 2012 North Fond du Lac Fire Department City of Oshkosh By: By: Mark Rohloff Its: City Manager and: By: By: Pamela R. Ubrig Its: City Clerk Approved: By: Lynn A. Lorenson City Attorney October 25,2012 MUTUAL AID AGREEMENT AMBULANCE SERVICES Whereas, Gold Cross Ambulance Service, Inc. 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. In 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, Gold Cross Ambulance Service, Inc., hereinafter"GCA", 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 initial term or the end of any renewal 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, or to the initial party arriving at the incident scene if the request is from the 911 Dispatch Center, 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 to the 911 Dispatch Center. Each party shall have the right to directly charge and bill any responsible person or entity, or such person's or entity's insurance carrier, for EMS services provided at the incident scene, for transportation from the incident scene to a medical facility, , or for any other similar service provided that is related to the incident, according to that service provider's usual and customary billing practices 4. Operational Control. The requesting party, or the initial party arriving on the incident scene if the request is from the 911 Dispatch Center, shall assume control over the operations of a mutual aid incident scene; 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 in the same manner that they are responsible when they are the sole responsible responder at an incident scene. Upon response to the mutual aid October 25,2012 scene the responding party shall be subordinate to, cooperate with and follow all reasonable order(s) from the person in charge of the scene. 5. Liability. Each party shall be responsible for its own liabilities, errors, acts and omissions while rendering aid to the other, or while exercising control over the operations of a mutual aid incident. 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 or comparative negligence, recklessness or willful or wanton acts or omissions. The indemnification and hold harmless terms apply to claims made against individual employees and/or agent of a party, or against the party as an entity. 6. Liability Insurance Coverage. The parties agree to maintain separate and adequate policies of liability insurance in amounts not less than One Million Dollars ($1,000,000.00) and based shall be on a "claims made" coverage basis, or any other criteria considered reasonable by the party under these circumstances , 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 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. 8. 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 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 put in unwarranted jeopardy. In the event of such decision, the responding party shall immediately notify the requesting party of its decision and shall assist October 25,2012 the requesting party in summoning assistance of other service providers, if practical or feasible. 10.No Joint Venture. This agreement shall not be construed 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 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 day of , 2012 Gold Cross Ambulance Service, Inc. City of Oshkosh By: By: Mark Rohloff Its: City Manager and: By: By: Pamela R. Ubrig Its: City Clerk Approved: By: Lynn A. Lorenson City Attorney October 25,2012 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. In 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 initial term or the end of any renewal 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, or to the initial party arriving at the incident scene if the request is from the 911 Dispatch Center, 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 to the 911 Dispatch Center. Each party shall have the right to directly charge and bill any responsible person or entity, or such person's or entity's insurance carrier, for EMS services provided at the incident scene, for transportation from the incident scene to a medical facility, , or for any other similar service provided that is related to the incident, according to that service provider's usual and customary billing practices 4. Operational Control. The requesting party, or the initial party arriving on the incident scene if the request is from the 911 Dispatch Center, shall assume control over the operations of a mutual aid incident scene; 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 in the same manner that they are responsible when they are the sole responsible responder at an incident scene. Upon response to the mutual aid October 25,2012 scene the responding party shall be subordinate to, cooperate with and follow all reasonable order(s) from the person in charge of the scene. 5. Liability. Each party shall be responsible for its own liabilities, errors, acts and omissions while rendering aid to the other, or while exercising control over the operations of a mutual aid incident. 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 or comparative negligence, recklessness or willful or wanton acts or omissions. The indemnification and hold harmless terms apply to claims made against individual employees and/or agent of a party, or against the party as an entity. 6. Liability Insurance Coverage. The parties agree to maintain separate and adequate policies of liability insurance in amounts not less than One Million Dollars ($1,000,000.00) and based shall be on a "claims made" coverage basis, or any other criteria considered reasonable by the party under these circumstances , 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 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. 8. 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 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 put in unwarranted jeopardy. In the event of such decision, the responding party shall immediately notify the requesting party of its decision and shall assist October 25,2012 the requesting party in summoning assistance of other service providers, if practical or feasible. 10.No Joint Venture. This agreement shall not be construed 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 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 day of , 2012 City of Berlin Emergency Medical Services City of Oshkosh By: By: Mark Rohloff Its: City Manager and: By: By: Pamela R. Ubrig Its: City Clerk Approved: By: Lynn A. Lorenson City Attorney October 25,2012