HomeMy WebLinkAbout02. 14-302
JULY 8, 2014 14-302 RESOLUTION
(CARRIED___7-0___LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE MEMORANDUM OF UNDERSTANDING WITH
WINNEBAGO COUNTY SHERIFF’S OFFICE FOR OPERATION
OF A SEARCH & RESCUE CRAFT
INITIATED BY: OSHKOSH FIRE DEPARTMENT
WHEREAS, the Winnebago County Sheriff’s Department owns a search and rescue
craft; and
WHEREAS, the Oshkosh Fire Department works cooperatively with the Winnebago
County Sheriff’s Department to provide life saving services including in the waters in and
around the City of Oshkosh and Winnebago County.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the proper City officials are hereby authorized to enter into a Memorandum
of Understanding in substantially the same form as attached and take those steps
necessary to implement such memorandum for the purposes of providing rescue response
of a search and rescue craft.
TO: Honorable Mayor and Members of the Common Council
FROM: Tim Franz, Fire Chief
DATE: June 30, 2014
RE: Request to Approve MOU with Winnebago County for Rescue Boat
Operation
BACKGROUND
The fire department has had an agreement in place with the Winnebago County Sheriff s
Department since December of 2001, to operate a water/ice rescue craft in partnership
with them. This agreement has been mutually beneficial for the city and county to
provide timely response to water and ice rescues in the area. Winnebago County provides
the rescue boats to Oshkosh,Neenah-Menasha and Winneconne and in turn those three
communities provide the staffing to operate them in times of emergency. In addition to
providing the boats, the county covers the cost for routine maintenance.
ANALYSIS
The agreement that is currently in place specifically calls for the rescue boat to be a
hovercraft which is outdated language as we switched to an airboat type craft several
years ago. The language also leaves open access to the county's other rescue boats for use
in emergency if need be by the department. In addition the liability and other language
has been updated in this agreement. The most significant change in this agreement is, that
if in our operations we caused damage due to our negligence that the City of Oshkosh
would be responsible for those repairs.
FISCAL IMPACT
Operation of the rescue boat is done with existing on duty staffing therefore there is no
additional personnel cost. Repairs due to negligent operation (although very unlikely and
have not occurred to date) would be covered in the departments operating budget.
RECCOMENDATION
I recommend that we enter into this agreement with Winnebago County. This
arrangement has literally saved lives in the past and will provide the equipment necessary
to do so in the future. Please direct any questions regarding this matter to the Fire Chief.
Respectfully Submitted, Approved:
.2tvil/C4
Timothy Franz Mark Rohloff
Fire Chief City Manager
MEMORANDUM OF UNDERSTANDING
Between the
Winnebago County Sheriff's Office
And the
Oshkosh Fire Department
Under the authority of Sec. 66.0301 of Wis. Stats., this agreement is entered into between the
Oshkosh Fire Department and the Winnebago County Sheriff's Office. The purpose of this
agreement is to define the role and responsibilities of the Parties, limited to, and as they relate
to the rescue response of a Search and Rescue Craft (SRC), to that area of Winnebago County as
outlined under the provisions below. This agreement is entered into by both parties, with the
intent to provide life saving services for the citizens of Winnebago County. The terms and
conditions for this reciprocal mutual aid rescue agreement are as follows:
1. The Sheriff's Office as its option may provide to the Oshkosh Fire Department, a
serviceable SRC, with appropriate trailer to be used for rescue operations and
training. Any use of the SRC outside of rescue operations and training will be
approved by the Sheriff or his/her designee prior to use.
2. The Winnebago County Sheriff's Office will be responsible to provide funding for
routine repair and maintenance concerning the SRC and trailer. Minor or routine
maintenance may be voluntarily performed by Oshkosh Fire Department personnel.
3. Any damage to the SRC while under the operation of the Oshkosh Fire Department
will be reported to the Sheriff's Office in a detailed written report describing the
damage and how it occurred. A damage review will be conducted by a panel
consisting of a Sheriff's Office Lieutenant, a member of the Oshkosh Fire Department
Command Staff, and a member of the Oshkosh Fire Department line staff. Damage
determined to be unavoidable, or normal wear and tear, will be repaired and paid for
by the Winnebago County Sheriff's Office, Damage determined to be avoidable will
be repaired and paid for by the Oshkosh Fire Department. In the case of minor
damage that does not affect the operation of the SRC, the Sheriff or a designee will
determine if the repair will be made.
4. The Winnebago County Sheriff's Office will maintain all ownership of the SRC.
5. Both parties may solicit private funding for improvements or equipment for the SRC.
Any modifications to the SRC will require approval from the Sheriff or his/her
designee.
6. Winnebago County shall provide accident insurance; including liability, property, and
physical damage coverage on the SRC and trailer, and agrees to waive subrogation
against the City of Oshkosh except for the liability provisions contained within this
agreement.
7. The Oshkosh Fire Department will provide storage for the SRC during the season of
use, and personnel to operate the unit when available. When qualified personnel are
available the Oshkosh Fire Department will respond for emergency search and rescue
operations within their designated area of response, as described in E911 Advisory
Directive PSD#4 (see attachment). If the above described directive is amended by
the E911 Committee,the Parties hereby agree to automatically adopt the directive as
amended. The Oshkosh Fire Department will also provide an appropriate tow vehicle
for emergency response.
8. The Sheriff or his/her designee has the authority to request the Oshkosh Fire
Department to respond to an emergency search and rescue incident where the
Sheriff believes that the use of the SRC is necessary. The Oshkosh Fire Department
will then respond to all such calls, unless the Fire Department has insufficient staffing
available to operate the SRC. In such an event the Fire Department will immediately
advise the Sheriff's Office. The Sheriff's Office may then retrieve the SRC and use
Sheriff's Office Personnel to staff it.
9. The Sheriff's Office will have access to, and staff the SRC when it is needed for patrol,
search and rescue, dive operations and training. In the case of a joint search and
rescue operation,Sheriff's Office personnel will take over operation of the SRC at an
appropriate time, when staffing allows. In case of conflict, the Sheriff or his/her
designee will have final authority to designate use of the SRC.
10. Personnel will be properly trained to operate the SRC according to manufacturer's
operating guidelines.
11. Each party will be responsible for all wages and related costs for its personnel when
operating the SRC.
12. If any use of the SRC by either party may extend outside of Winnebago County, notice
of such use should be extended to the other party, and to the backup provider, and
will be approved by the Sheriff or his/her designee.
13. Winnebago County and the City of Oshkosh will each maintain adequate commercial
insurance protections against all loss from liability,worker's compensation, property
and marine craft physical damage in accordance with the indemnification provisions
of this agreement.
a. Workers Compensation and Employers' Liability - Workers' Compensation
statutory - in compliance with the Compensation law of the State and Employers'
Liability insurance with a limit no less than$100,000 each accident.
b. Comprehensive or Commercial General Liability with a minimum limit of$1,000,000
per occurrence/$1,000,000 aggregate combined Single Limit for Bodily Injury and
Property Damage Liability.
14. Subject to any limitations contained in Sec. 893.80 and any similar statute, of the
Wisconsin State Statutes, the City agrees to hold the County, its officers, officials,
employees, and agents harmless from any and all liability, including claims, demands,
losses, costs, damages and expenses of every kind and description (including death),
or damages to person or property arising out of the terms of this Agreement where
such liability is founded upon or grows out of the acts of omission of any City's
officers, employees, or agents while acting within the scope of their employment.
15. Subject to any limitations contained in Sec. 893.80 and any similar statute, of the
Wisconsin Statutes, the County agrees to hold the City, its officers, officials,
employees and agents harmless from any and all liability, including claims, demands,
losses, costs, damages and expenses of every kind and description (including death),
or damages to person or property arising out of the terms of this Agreement where
such liability is founded upon or grows out of the acts of omission of any County's
officers, employees or agents while acting within the scope of their employment.
a. In addition, Winnebago County will indemnify and save harmless the City of
Oshkosh from and against any and all losses, claims, demands, penalties, fines,
causes of action, costs, damages, expenses and liability(including statutory
liability under Worker's Compensation or Unemployment Compensation),
including without limitation, any attorney or consultant fees, investigation fees,
court costs and litigation expenses, and other costs of defense arising out of or in
any manner related to product liability or other claims related to the
performance of rescue equipment under the terms of this agreement.
16. Nothing in this agreement is intended as a waiver of either party's right or
opportunity to rely upon the governmental limitations and immunities contained
within Wisconsin law. Municipal immunities and limitations include, but are not
limited to, Sections 345.05, 893.80 and 893.83, Wisconsin Statutes. Such damage
limits, caps and immunities are intended to be preserved and are incorporated into
this agreement and shall govern all disputes, contractual or otherwise, as they apply
to the parties and their agents, officers, and employees.
17. All wages and disability payments, pensions and Worker's Compensation claims,
clothing and medical expenses relating to the use, training and maintenance of the
SRC will be paid by the agency regularly employing such employee or officer.
18. This agreement will expire on December 31, 2014, but shall automatically renew
according to these terms for successive one-year periods unless either party gives the
other not less that sixty days advance notice. Either party may cancel this agreement
at any time, provided that a thirty-day written notice is provided to the other party.
19. For the purposes of notice or any other issue relating to this agreement,the Sheriff
for Winnebago County and the Fire Chief for the City of Oshkosh are designated as
the responsible parties.
20. Should any provision of this agreement be determined to be illegal by any Court, it is
intended that all other provisions of the agreement will remain in force.
WINNEBAGO COUNTY SHERIFF'S OFFICE OSHKOSH FIRE DEPARTMENT
BY: BY:
Sheriff John Matz Chief Tim Franz
DATE: DATE:
Approved as to form:
John Bodnar,Winnebago County Corporation Counsel
Atty. Lynn Lorenson, Oshkosh City Attorney