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HomeMy WebLinkAbout11. 19-235 APRIL 23, 2019 19-235 RESOLUTION (CARRIED 6-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE COOPERATIVE AGREEMENT FOR WATER RESCUE SERVICES BETWEEN WINNEBAGO COUNTY AND THE CITY OF OSHKOSH INITIATED BY: FIRE DEPARTMENT WHEREAS, the City of Oshkosh and Winnebago County have had a long cooperative relationship for the provision of rescue services in the waterways adjacent to and near the City of Oshkosh and both parties desire to enter into an updated agreement for these services; and WHEREAS, Wisconsin Statutes authorize governmental entities to enter into agreements for the purposes of providing services and mutual aid. 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 and take those steps necessary to enter into the attached agreement with Winnebago County to provide for water rescue services 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. TO: Honorable Mayor & Members of the Common Council FROM: Mike Stanley, Fire Chief DATE: April 17, 2019 RE: Approve Cooperative Agreement for Water Rescue Services between Winnebago County and the City of Oshkosh BACKGROUND Winnebago County is the home to numerous lakes, rivers, and streams that are used for year-round recreation purposes by many citizens and visitors. The City of Oshkosh municipal boundaries are adjacent to significant frontage on Lakes Winnebago and Butte des Mortes, as well as the Fox River. The City's significant frontage on water bodies within the County are heavily used for year-round recreation and are unfortunately the location of accidents. The location of City fire services places these services closer to these emergency events than the County services which may be more geographically centrally located. ANALYSIS The County and City are entering into this agreement for the purpose of providing more efficient and better service of citizens and visitors requiring year-round rescue services on bodies of water within Winnebago County. It is the responsibility of Winnebago County to provide a safe and adequate response to all reports/requests of persons in need of rescue on the waterways of Winnebago County. The County can more effectively carry out these responsibilities by utilizing the City's medical and other expertise and equipment for water and ice -related rescue operations. Similarly, the City can more effectively carry out its mission to provide rescue services and assistance in water bodies adjacent to City boundaries when the City is in the better position to undertake those services. FISCAL IMPACT There is no anticipated fiscal impact to the City of Oshkosh. The water crafts will be operated by current fire personnel and will not require additional staffing or compensation. The expense of the boats themselves, maintenance, and equipment will be provided by the Winnebago County Sheriff's Office. RECOMMENDATION The recommendation would be that Common Council approve this cooperative agreement with Winnebago County so that we can enter this mutually beneficial relationship. Respectfully Submitted, Approved: Mike Stanley Fire Chief Mark Rohloff City Manager COOPERATIVE AGREEMENT — WATER RESCUE SERVICES Between the Winnebago County and the City of Oshkosh 1. INTRODUCTION. Winnebago County is the home to numerous lakes, rivers, and streams that are used for year-round recreation purposes by many citizens and visitors. The City of Oshkosh municipal boundaries are adjacent to significant frontage on Lakes Winnebago and Butte des Mortes, as well as the Fox River. The City's significant frontage on water bodies within the County are heavily used for year-round recreation and are unfortunately the location of accidents. The location of City fire services places these services closer to these emergency events than the County services which may be more geographically centrally located. 2. PURPOSE. The County and City are entering into this agreement for the purpose of providing more efficient and better service of citizens and visitors requiring year-round rescue services on bodies of water within Winnebago County. It is the responsibility of Winnebago County to provide a safe and adequate response to all reports/requests of persons in need of rescue on the waterways of Winnebago County. The County can more effectively carry out these responsibilities by utilizing the City's medical and other expertise and equipment for water and ice -related rescue operations. Similarly, the City can more effectively carry out its mission to provide rescue services and assistance in water bodies adjacent to City boundaries when the City is in the better position to undertake those services. Therefore, the purpose of this Agreement is to outline the agreed upon roles, responsibilities, and limitations of the County and the City that will allow the City to respond to reports/requests of persons in need of rescue outside of the municipal boundaries but within Winnebago County's bodies of water. AUTHORITY. Wisconsin statutes allow lawful cooperation among different governmental entities through formal intergovernmental agreements pursuant to both Section 66.0301, Wisconsin Statutes (broad authority for governmental entities to cooperate), and through a statutory mutual assistance framework as outlined in Section 66.03125 (related to fire department functions). Specifically, Subsection 66.03125(2)(b)(1), acknowledges that separate intergovernmental agreements may accomplish the same goal of the mutual assistance statute through different terms that governmental entities mutually agree upon. The City and County have mutually agreed to utilize the above authority to enter into this Agreement. 4. TERM. The term of this Agreement shall commence at 12:00 a.m. on January 1, 2019 and shall continue for one calendar year, ending at 11:59 p.m. on December 31, 2019. This Agreement shall automatically renew according to these same terms for successive one-year periods unless either party gives the other not less than sixty days advance notice, or the parties mutually agree in writing to other terms. Either party may cancel this Agreement at any time at its discretion, provided that a sixty-day written notice is provided to the other party. April 11, 2019 ACTIONS AUTHORIZED. Winnebago County, through its Sheriff's Department, hereby authorizes the City of Oshkosh, through its Fire Department and EMS, to fully respond to any need for assistance within Winnebago County bodies of water with the same search and rescue authority as if undertaken by Winnebago County. The City accepts the County's authorization. a. Requests for assistance will come from the Sheriff, or any designee. Notifications or communications requesting assistance from any County employee may be treated as authorized by the Sheriff. Most notifications are expected to come from E911 officials which will be considered notifications from the Sheriff. The City will respond to emergency search and rescue operation requests as described in the E911 Advisory Directive PSD 44 (see attachment), as may be amended from time to time. b. Due to the City's proximity to Lake Winnebago and the Fox River, the City will have the authority to respond prior to notifications from the Sheriff when the City first becomes aware of circumstances where emergency assistance is required. In those circumstances, the City shall notify the County as soon as possible, and agrees to respond in a manner it reasonably believes is appropriate. c. The City agrees to respond to notifications for emergency assistance in a timely and reasonable manner considering their staffing and equipment circumstances. The City and County will periodically communicate regarding their respective response capabilities. The City will take reasonable staffing and scheduling measures with a goal of having 2 persons available at any given time that are trained and otherwise qualified to respond to search and recovery circumstances. Both parties understand that various circumstances may prevent the staffing goals from being achieved. d. In the case of a joint search and rescue operation involving the City and County, Sheriff's Office personnel will take over operation of the SRC at an appropriate time, when staffing allows and at the Sheriff's discretion. In case of conflict, the Sheriff or their designee will have final authority. e. In the event that the City is unable to respond to a search and recovery operation, then the City shall immediately notify the Sheriff, or designee. The County may then retrieve the SRC, or the City may bring the SRC to the appropriate launch site for use by the Sheriff. The City may remain on -scene to assist in shore operations. In the event the City is aware in advance of a time period in which it will be unable to respond to needs for emergency assistance, then the City will provide the Sheriff with reasonable advance notice. f. The City has no obligation to respond to requests for search and rescue activities outside of Winnebago County jurisdictional boundaries. The City shall retain the right to decline requests to provide search and rescue personnel and services outside the Winnebago County. In the event that the City receives a request for 2 April 11, 2019 search and rescue activities outside of Winnebago County, the City shall notify the County immediately regardless of whether or not the City will be providing emergency assistance. g. Notwithstanding any other term of this Agreement, the Sheriff retains the authority and discretion to take over operation and primary responsibilities for search and rescue operations. In those circumstances, the Sheriff, or designee, shall so notify the City of the Sheriff's decision. 6. RESCUE / RECOVERY OPERATIONS. Emergency operations on bodies of water can usually be divided into two functions: search and rescue and search and recovery. The City's authority is limited to search and rescue situations, which is generally defined as those situations when lives may be saved. Search and recovery circumstances are those when there are no lives at risk, or when it is determined that lives are unlikely to be saved. The Sheriff retains the authority to designate an operation as search and rescue or search and recovery. At the point that rescue actions are no longer needed, the City shall transfer control and operation of the County's SRC and any other County property and equipment it has been using back to the Sheriff. The City may thereafter provide supplemental assistance to the Sheriff's recovery operations upon request. 7. TRAINING. The City shall develop a training program for those employees who will be participating in year-round search and rescue operations on Winnebago County water bodies. Training needs and requirements may change from time to time. The City and County will mutually agree upon training that is necessary to provide the City with personnel who are qualified to operate the SRCs and undertake year-round search and rescue operations on Winnebago County bodies of water. The City may use County - owned equipment for training purposes provided the County is notified and consents in advance of the training. The City shall provide the County with an updated list of those persons who have received training and the City believes to be qualified to respond to search and rescue circumstances. 8. EQUIPMENT. The County may provide the City with serviceable Search and Rescue Crafts (SRC) suitable for both open water and ice circumstances, along with appropriate trailers that the City may use for search and rescue operations. a. The County will maintain ownership of the SRCs and trailers; b. The County shall maintain accident insurance, including liability, property, and physical damage coverage, for the SRCs and trailers. c. The City is responsible for having an appropriate tow vehicle for the SRCs and trailers. d. The City will store the SRCs at Station 15 located at 101 Court St., Oshkosh, WI 54901. The Sheriff s office will be provided with access codes to the Station in order to retrieve the boats as necessary. 3 April 11, 2019 e. The City will inspect the SRCs and trailers after each use and note the conditions, including any changes that are open and obvious. Damage to the SRCs and/or trailers while under the possession and operation of the City will be reported to the Sheriff through a detailed written report describing the damage and how it occurred. Similarly, the County will provide the City with a description of any damages to the SRCs and/or trailers that occurred while under the possession and operation of the County. f. The City may obtain at its own expense certain other equipment for its use while undertaking search and rescue actions upon Winnebago County waterbodies pursuant to this Agreement. The equipment acquired by the City shall be at the City's discretion based upon budgetary and other considerations. Such equipment shall remain the property of the City. The County may request or require that the City have additional or specialized equipment available use for search and rescue actions. Additional equipment requested or required by the County shall be provided to the City at the County's expense. 9. MAINTENANCE/REPAIR. The County is responsible for all routine, periodic, and seasonal maintenance of all County -owned property. The City may perform, at its cost, minor or routine maintenance upon the advanced approval of the County. The party using the SRCs shall be responsible for fuel and oil usage for that period. a. The City shall not perform any repairs of County -owned property without prior approval of the Sheriff or their designee. b. The City shall not modify any part of County -owned property without prior approval from the Sheriff or their designee. 10. DAMAGES. Damages to the SRCs and trailers that occur while under the possession and control of the City will be reviewed to determine the nature, extent, and cause. a. Damage will be reviewed by a panel consisting of a Sheriff s Office Lieutenant, a member of the Oshkosh Fire Department's Command Staff, and the Safety and Risk Manager for the City of Oshkosh. b. Both parties agree to keep accurate and current reports of the condition of the SRCs and trailers so that future damages may be properly and accurately evaluated. Records shall be exchanged to ensure both parties have complete copies. c. Damage to County -owned property that is determined by the panel to be unavoidable by the City, or due to normal wear and tear, will be repaired and paid for by the County. 4 April 11, 2019 d. Damage to County -owned property that is determined by the panel to be avoidable by the City will be repaired and paid for by the City. e. In the case of minor damage that does not affect the operation of the SRCs or the trailers, the Sheriff or a designee retains the discretion to determine if the repair will be made. 11. COSTS / FUNDING. The costs, expenses, and funding related to this Agreement will be as follows: a. The County will be responsible to provide funding for routine repair and maintenance concerning the SRCs and trailers. b. Both parties may solicit private funding for expenses for water -related search and rescue or search and recovery activities. Such solicitations may include funds for improvements to, or equipment for, the SRCs. However, before the City begins soliciting funds for purposes related to repairs, modifications, improvements, upgrades, or similar changes related to the SRCs and/or trailers, details regarding the reason for the solicitation of funds must be reviewed and approved by the Sheriff or their designee. c. Each party will be responsible for all wages, employment, and related costs for its personnel when operating the SRCs. d. All wages and disability payments, pensions and Worker's Compensation claims, clothing and medical expenses relating to the use, training and maintenance of the SRCs will be paid by the agency regularly employing such employee or officer. 12. INSURANCE. The City and County will each maintain adequate insurance protections against all loss from property, liability, worker's compensation 13. NO THIRD PARTY BENEFICIARY. The terms of this Agreement are for the benefit of the two parties signing this Agreement, and is not intended to benefit any third parties. 14. LIABILITY AND RISK ALLOCATION. Both parties to this Agreement are governmental entities and, therefore, both retain and benefit from certain statutory limitations and protections. It is the intention of both parties that their respective statutory and common law protections and immunities shall not be affected by this Agreement. a. Immunity. All members are governmental entities entitled to governmental immunities under law, including but not limited to Section 893.80, Wis. Stats. Nothing contained herein shall waive the rights of defenses to which each Member may be entitled under law, including but not limited to all immunities, April 11, 2019 limitations, and defenses under section 893.80, Wis. Stat., including any subsequent amendments thereof. b. Responsible for Own Actions. Each party shall bear the risk of its own actions, as it does with its day-to-day operations. 15. NOTICE. 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 the primary contacts. In the event any issue involves a breach, or potential breach, of any term of this Agreement, or relates to liability or damages, then the Corporation Counsel and City Attorney shall also be notified. 16. NO WAIVER. Any delay in addressing any issue related this Agreement shall not act as a waiver of any claim or defense. 17. TERMS SEVERABLE. 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 DATE: CITY OF OSHKOSH DATE: BY: BY: Mark Harris, County Executive BY: BY: John Matz, County Sheriff Approved as to form: Mary Anne Mueller, Corporation Counsel Lynn A. Lorenson, City Attorney 6 April 11, 2019 Mark A. Rohloff, City Manager Pamela R. Ubrig, City Clerk