Full Agenda Packet
CITY OF JANESVILLE
CITY COUNCIL MEETING AGENDA
MONDAY, July 9, 2012
7:00 P.M.
1. Call to Order and Pledge of Allegiance.
2. Roll Call.
3. City Council meeting minutes of: “C”
A. Special meeting of June 19, 2012.
B. Regular meeting of June 25, 2012.
4. Licenses; and Recommendations of the Alcohol License Advisory
Committee. (Refer to separate agenda.) “C”
5. Review and accept the 2011 Comprehensive Annual Financial
Report (CAFR). “C”
6. Donation by Janesville Conservation Club.
7. Tim Cullen Internship Program students.
OLD BUSINESS
1. Requests and comments from the public regarding items on the Agenda not
requiring a public hearing.
NEW BUSINESS
1. Report from Sidewalk Task Force Committee and possible action on suspended
2012 sidewalk program.
-----------------------
“C” – This designation indicates an item that the City Council will take up under a Consent
Agenda.
City Council Agenda – July 9, 2012
Page 2
NEW BUSINESS (CONTINUED)
2. Action on a proposed resolution authorizing the City Manager to enter into a
contract with Andres Medical Billing Ltd. and to authorize a 3% increase in resident
ambulance rates. (File Res. No. 2012-922)
3. Action on a proposed resolution authorizing participation in a Reciprocal Mutual Aid
Fire/EMS Protection Agreement. (File Res. No. 2012-923)
4. Requests and comments from the public on matters which can be affected by
Council action.
5. Matters not on the Agenda.
6. Consideration of a motion to convene into closed session, pursuant to Wisconsin
Statute Section 19.85(1)(e), for the purpose of deliberating and setting the
negotiation and bargaining strategies, terms, and conditions for all collective
bargaining agreements, since competitive and/or bargaining reasons require a
closed session.
The use of audible cell phone ringers and active use and response to cellular phone
technology by the governing body, staff and members of the public is discouraged
in the Council Chambers while the Council is in session.
CITY COUNCIL RETREAT NOTES JUNE 19, 2012
ROTARY GARDENS
JANESVILLE, WISCONSIN
VOL: 63
NO: 7
Special meeting of the City Council of the City of Janesville held at Rotary Gardens
Janesville, Wisconsin on June 19, 2012. The meeting was called to order by Council
President Voskuil at 8:00 AM.
Present: Council President Voskuil, Councilmembers Dongarra-Adams, Farrell, Kealy,
Liebert, Severson and Steeber.
City Manager Levitt introduced Diane Pillard, Former U.W. Rock County Dean. She was
there to facilitate and assist the Council in accomplishing their retreat goals. He stated
that the goals to be accomplished were:
Overview of retreat objectives
1. Establish short-term and long-term goals.
2. Establish Council objectives for the upcoming 2013 budget and review the macro
financial projections for the General Fund.
Action to establish Council short term and long term goals
Council established their short-term goals in priority order as follows:
1. Jobs: Create an environment to bring jobs to Janesville.
(9 points)
2. Human Capital and Resource Allocation: Review human resources and resources
available and allocate them to accomplish Council’s goals.
(6 points)
3. Strategic Plan: Develop a Strategic Plan for the City.
(4 points)
4. Infrastructure Maintenance and Capital Projects: Develop a fiscal strategy to
maintain our infrastructure with a reasonable annual debt service cost.
(4 points)
5. Partnerships: Embrace public and private partnerships for the betterment of the
City.
(4 points)
6. Service Levels: Establish and maintain quality service levels.
(4 points)
7. Benefit levels and union contracts: Review existing benefits and contracts and
develop an acceptable level of benefits.
(3 points)
8. Neighborhood Restoration: Stabilize our neighborhoods that have deteriorated or
are at risk of deteriorating.
(1 point)
As an overall strategy to accomplish these goals, the Council will be looking for public
engagement to assist them in making decisions.
Council established their long-term goals in priority order as follows:
1. Facilities: Review proposed major capital improvements; initiate
comprehensive facility maintenance and replacement program.
(14 points)
2. Economic Development: Encourage businesses to expand or relocate to
Janesville.
(13 points)
3. Downtown and Riverfront Development: Continue to systematically enhance
our downtown and riverfront assets.
(8 points)
4. Neighborhood Services: Allocate resources to enhance our community
neighborhoods.
(5 points)
5. Lowering Debt Service: Systematically develop a plan that would lower the
City’s debt service costs over time.
4 points)
(
,
6. Develop and Implement Plans: Sidewalk Plan Brownfield Plan
(4 points)(2
and Sustainability Plan
points), (1 point)
As an overall strategy to accomplish these goals, the Council will develop a strategic plan.
Action to establish Council objectives for upcoming General Fund budget:
City Manager Levitt reviewed the street rehabilitation work that has been completed over
the last 6 years. The number of miles rehabilitated has fallen from a high of 12.7 miles to a
low of 5.1 miles. The City is not keeping up with the scheduled maintenance and the
Council should review the resources allocated to this program. He discussed various
funding strategies with Council in order to address this situation. The strategies include:
reduce mileage of streets built, borrow more money, develop a savings program for street
maintenance, assess it back to the property owners and apply for State and Federal
funding.
City Manager Levitt reviewed the macro projections for the proposed 2013 General Fund
Budget which includes $0 wage adjustments and a 0% increase in health insurance.
General Fund/Operating Budget:
Revenue Changes ($ 362,000)
Expenditure Changes $ 820,000
Projected 2013 Deficit for Operations without Tax Levy Inc.: $1,182,000
City Manager Levitt stated that the Administration would begin preparing the budget in
August for distribution to the Council in late September or early October.
Councilmember Steeber moved to adjourn, seconded by Councilmember Kealy and
passed unanimously.
There being no further business, the Council adjourned at 2:50 PM.
Jean Ann Wulf
Clerk-Treasurer
PROCEEDINGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSIN
REGULAR MEETING
JUNE 25, 2012
VOL. 63
NO. 8
Regular meeting of the City Council of the City of Janesville held in the Municipal Building on June
25, 2012. The meeting was called to order by City Council President Voskuil at 7:00 PM. Council
President Voskuil led the Council in the Pledge of Allegiance.
Present: Council President Voskuil and Councilmembers Dongarra-Adams, Farrell, Kealy, Liebert,
Severson and Steeber.
CONSENT AGENDA
Regular City Council meeting minutes of June 11, 2012.
Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate
agenda.)
Authorization for the Administration to deny a liability claim from American Family Insurance Group
(insured Danna Helgerson) in the amount of $5,250.00.
Financial statement for the month of May, 2012.
Council President Voskuil stated all items on the consent agenda would be approved if there were
no objections. There were none.
OLD BUSINESS
1. Requests and comments from the public regarding items on the Agenda not requiring a public
hearing. Peter Apted, 324 Academy St., Jack Leeder, 1205 Randolph Rd., Carie Kendrick, 12
Krause Ave., Ruth Fiege, N3108 Hwy 89, Jefferson, Sandy Basich, 1025 Edgewater Rd., Fort
Atkinson, Delores Gates, W8231 Lake Terrace, Lake Mills, James Pardee, 3703 S. Murray Rd.,
George Frank, 1502 Buena Vista Dr., Sun Prairie, Irene Stewart 4404 N. River Rd., Georgia
Janisch, 1514 Dayton Dr., Patricia Schuler, 1126 Woodman Rd., Richard Schuler, 1126 Woodman
Rd., Ross Walcott, 1307 Blaine Ave., Al Lembrich, 541 Miller Ave., Kirsten Lombard, representing
the Wisconsin 9/12 Project, Paul Lembrich, 102 N. River St. and Miriam Williams, 651 Park St.,
Beloit, were opposed to the Green Tier project, (NB #1.) Julie Backenkeller, 719 N. Grant Ave.,
spoke against increasing the tonnage cap at the landfill (NB #4.) Burdette Erickson, 115 S. High
St., Margaret Delaney, 439 N. Jackson St. and Kurt Linck, 118 S. High St., spoke in favor of the
sale of property at 212 Madison St., (NB #2.) Diana Lund, 329 N. Academy St., spoke in favor of
the sale of property at 212 Madison St., (NB #2) and spoke against the Green Tier project (NB #1.)
Daniel Howard, 635 S. Main St., Neil Deupree, 419 S. Franklin St., spoke in favor of the Green Tier
project (NB #1.) Dan Swanson, 3035 S. Parker Dr., spoke in favor of the sale of property at 212
Madison St., (NB #2) and spoke in favor of the Green Tier project (NB #1). Andreah Briarmoon,
339 S. Locust St., spoke against the Green Tier project (NB #1) and against the sale of 212
Madison St., (NB #2.)
NEW BUSINESS
1. Action on a proposed resolution authorizing the City of Janesville to enter into an agreement
with the Wisconsin Department of Natural Resources to become a Green Tier Legacy Community.
Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Liebert.
Councilmember Steeber offered a friendly amendment to enter into a Legacy Charter agreement
only for sustainability which was accepted by the seconder. The motion, as amended, failed by the
following vote: Aye: Farrell, Liebert, Steeber. Nay: Dongarra-Adams, Kealy, Severson, and
Voskuil. Councilmember Severson made a recommendation to ask the City Attorney to research
the penalties and the risk to the City of Janesville if we entered into this agreement, seconded by
Councilmember Steeber and passed by the following vote: Aye: Farrell, Kealy, Severson, Steeber
and Voskuil. Nay: Dongarra-Adams and Liebert. (File Res. No. 2012-917)
2. Action on a proposed resolution authorizing the City Manager to sell the property at 212
Madison Street through the Neighborhood Stabilization Program. Councilmember Steeber moved
to adopt said resolution, seconded by Councilmember Dongarra-Adams and passed unanimously.
(File Res. No. 2012-921)
3. Discussion of the management structure for the Janesville Innovation Center (JIC) and direction
to staff. Councilmember Steeber moved to authorize staff to prepare the paperwork, for Council
review, to create a 501(c)(3) nonprofit corporation for the JIC, to prepare the corporate by-laws and
articles of incorporation, and to recommend the board of directors composition. The motion was
seconded by Councilmember Liebert and passed by the following vote: Aye: Dongarra-Adams,
Farrell, Kealy, Severson, Steeber and Voskuil. Nay: Liebert.
4. Discussion on projected 2012 landfill waste flows and direction to staff. John Whitcomb,
Operations Director presented the fiscal impact of increasing Town & Country’s cap for landfill
tonnage. Councilmember Steeber moved to authorize the City Manager to exercise an existing
provision in the City’s contract with Town & Country Sanitation, amending the 40,000 ton maximum
landfill tonnage provision to 60,000 ton maximum landfill tonnage provision in 2012 and 2013. The
motion was seconded by Councilmember Liebert and passed unanimously.
5. Requests and comments from the public on matters which can be affected by Council action.
Andrea Briarmoon, 339 S. Locust St., asked whether the City of Janesville was charging fair market
value at the landfill; suggested that the landfill increase their fees for deer carcasses; suggested
that Janesville Sand & Gravel should pay for mining rights; stated that there should be a public
hearing policy and stated that the City of Janesville incurs all the liabilities at the Janesville
Innovation Center.
6. Matters not on the Agenda. City Manager Levitt stated that the grant money that would have
been spent on the Green Tier Legacy initiative will now be spent on other sustainable projects.
Council President Voskuil requested information on the number of staff hours that were spent on
the sidewalk project.
7. Councilmember Steeber moved to convene into closed session pursuant to Wisconsin Statute
Section 19.85(1)(e), for the purpose of deliberating and setting the negotiating and bargaining
terms and conditions for the potential acquisitions of real property located at 55 South River Street
and/or 202 Riverside Street for public purposes, since competitive or bargaining reasons require a
closed session. The motion was seconded by Council Kealy and passed unanimously.
There being no further business, Council adjourned at 10:30 p.m. These minutes are not official
until approved by the City Council.
Jean Ann Wulf
City Clerk-Treasurer
JANESVILLE CITY COUNCIL
LICENSE AGENDA
7/9/2012
RECOMMENDED
A. ORIGINAL CLASS B INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGE LICENSE
Ada’s Mexican Parrilla, LLC 2624 E. Milwaukee St.
Victor M. Torres
B. AMUSEMENT CENTER-RENEWAL
Rosebud Partners LLC 3100 Deerfield Dr.
d/b/a Wildwood Theatres Movies 16
C. ELECTRICIANS–RENEWAL
Scott Schabow 429 N. Jackson
D. SIGN ERECTORS–RENEWAL
Lundgren Sign Services 220 Janesville St., Oregon, WI
Robert Lundgren
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Timothy Anderson Corp 700 20 St., Rockford, IL
Signs Now
E. THEATER–RENEWAL
Wildwood Theatres Movies 16 3100 Deerfield Dr.
ADMINISTRATIVE SERVICES MEMORANDUM
June 28, 2012
TO: City Council
FROM: Patty Lynch, Comptroller
SUBJECT: 2011 Comprehensive Annual Financial Report –Report of Internal Control
Please find attached a copy of our 2011 Comprehensive Annual Financial Report (CAFR) for
Council’s review. The main component of the CAFR is the City’s audited financial statements.
There is also an introductory section which provides background information about the City, its
major initiatives, economic condition, and general information. Following the financial information
there is a series of 18 statistical schedules that primarily show 10-year trend data for items such
as fund balance, revenue trends, and debt capacity.
Wisconsin State Statues require that an annual audit be conducted by an independent certified
public accountant. Baker Tilly Virchow Krause, LLP, Certified Public Accounts, have audited and
issued the opinion that Janesville’s Financial Statements have presented fairly the financial
position of the City, as of December 31, 2011. We request that the Council accept the report
during their meeting scheduled on July 11, 2012.
In addition to the audited financial statements, our auditors have also issued a report which
references our internal controls over financial reporting and compliance with certain provisions of
laws, regulations, contracts, grant agreements, and other financial matters. Please find attached
for Council's review a copy of the City of Janesville’s 2011 Report on Internal Control. In this
report, Baker Tilly Virchow Krause, LLP have reported a material weakness in internal accounting
controls. A material weakness is reported if there is more than a remote likelihood that a material
misstatement will not be prevented or detected by our internal controls.
Internal Accounting Controls
The auditors have reviewed and evaluated the City’s internal controls over significant
accounting transaction cycles. This analysis has identified a weakness in levels of
review during in the year-end audited financial statement preparation.
With all internal controls procedures there needs to be a consideration of the cost of
avoiding the weakness to its related benefit. The City prepares high quality financial
statements, conversion entries, and footnote disclosures for the auditors to review.
However, because of the City’s size, management does not believe it is cost effective
to hire additional staff with the expertise to review all aspects of financial reporting to
scrutinize the statements internally to the same degree that the auditors do later, and
we rely on the auditor for this review.
Purchase Orders and Invoice Approval
During review of the general disbursement procedures, the auditors noted a purchase
order was not signed by the Director of Administrative Services, and a phone bill that
did not have evidence of review and approval on the invoice.
The accounting division implemented new financial software, the New World/Logos
Financial Management System in December 2011. We automated routing for
purchasing orders and invoices within the system to follow the City’s purchasing policy.
The New World FM system has electronic approvals for both purchase orders and
invoices approvals to show compliance with our internal control procedures for
disbursement processing.
The Report on Internal Control also includes required communications with the City Council.
Such items include the auditors’ responsibilities and management’s responsibilities to the audited
financial statements. The auditors also point out that there were no significant difficulties in
dealing with management in performing the audit, and no material audit adjustments were
proposed.
The CAFR is available on the City website www.ci.janesville.wi.us and paper copies are available
at the Hedberg Public Library and in the City Clerk’s office for the public’s review.
Ms. Heather Acker, CPA, Partner, Baker Tilly Virchow Krause, LLP, will be attending the July 9,
2012 Council meeting to give a brief presentation and to address any questions that the Council
may have.
cc: Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager
Eric J Levitt, City Manager
Attachments
DUM
PARKS DIVISION MEMORAN
June 18, 2012
TO: City Council
FROM: Tom Presny, Parks Director
SUBJECT: Donation by Janesville Conservation Club, Inc.
Since 1942 the Janesville Conservation Club, Inc. has leased 17 acres at
LaPrairie Park from the City of Janesville for member trap shooting. This facility
is located on Read Road on Janesville’s southwest side. Their current lease
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agreement expires in May of 2014. In appreciation of their 70 year of shooting
and the ongoing ability to use the trap range the club historically has made
donations to the City of Janesville. These funds are generated from their annual
charity shooting event.
Club member Bill Boyd would like to present a check to the City in the amount of
$1,000 along with sharing a few brief comments. Conservation Club donations
over the years total $25,144, which have been used to purchase support
materials for the Parks Division, including a boat and motor, motorized utility cart,
shade tree plantings, boat launch improvements and most recently an enclosed
volunteer tools trailer with a wide variety of tools for volunteers in order to
complete clean up and community service projects.
The Janesville Parks Division thanks the Conservation Club for their generosity
over the years, for providing firearms safety and training, and for providing
community residents with the opportunity to participate in a unique recreational
sport.
CC:
Eric Levitt, City Manager;
Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services
Rebecca Smith, Management Assistant
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CITY MANAGER’S OFFICE MEMORANDUM
June 29, 2012
TO: City Council
FROM: Rebecca Smith, Management Assistant
SUBJECT: Cullen Internship Program Students
Each year the City hosts students from Craig and Parker High Schools
participating in the Cullen Internship Program. These events are part of the
internship program that is endowed by area resident, Senator Tim Cullen, which
allows students to gain experience in local and state government.
On July 9, four high school students and a teacher will meet with various staff
members to learn about the role and functions of the City. Students will tour the
wastewater treatment plant, sanitary landfill, and park system and will meet with
staff from the City Manager’s Office, Police Department, Leisure Services,
Community Development, and Public Works.
Students will attend the July 9 City Council meeting and will be asked by Council
President Voskuil to introduce themselves as well as share where they are
interning before “Old Business”.
CC: Eric Levitt, City Manager
Jay Winzenz, Director of Administrative Services/Assistant City Manager
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PUBLIC WORKS DEPARTMENT MEMORANDUM
July 2, 2012
TO: City Council
FROM: Carl J. Weber P.E., Director of Public Works
SUBJECT: Report from Sidewalk Task Force Committee and possible action on
suspended 2012 sidewalk program.
Staff Recommendation
Staff recommends that the Council:
1. Accept or modify the criteria prepared by the Task Force and direct that it
be used for reviewing the balance of the PTCP Seven Year Implementation
Plan.
2. Determine whether to proceed with all or some of the recommendations
related to the specific streets.
3. Select a financing option. Certain financing options may preclude
completion of any installation in 2012 if approved to be implemented this
year.
City Manager’s Recommendation
The Sidewalk Task Force has worked diligently over the last 45 days to bring back
a recommendation on the 2012 program as outlined in the PTCP.
During this period of time the task force has laid out criteria with individual
weightings.
They have determined that one of the key areas impacting the Sidewalk
plan is the financing component and have been in the process of evaluating
this area.
They have provided initial recommendations of streets in Area 1 and 2 of
the PTCP. These recommendations go for sidewalks included currently
2012 and 2015 program years.
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Due to a concern after the meeting the week of June 25, the Committee
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Chair requested a meeting on July 5 to discuss the recommendations
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going to City Council on July 9.
Any action coming out of that meeting will be forwarded to the City Council
prior to the meeting.
The City Manager recommends that the Council approve the sidewalk presented
by the Sidewalk Task force for completion in the 2012 year. I also recommend
that the City Council provide any necessary feedback for the future program years.
The City Manager further recommends that the City Council evaluate the financing
questions in conjunction with the 2013 Budget. The financing element has many
1
variables to be considered. The City Council could move forward on the second
recommended bullet in 2012.
Suggested Motion
City Council member moves to move forward with the streets recommended by
the Sidewalk Task Force which are in the current 2012 year program.
Request
The City Council, at its April 30, 2012 special meeting, adopted Resolution No.
2012-907 which:
1. Delayed the previously established 5/31/12 limit for the installation of
sidewalk abutting certain parcels as identified in Zones 1 and 2 of the
Pedestrian Transportation Corridor Plan (PTCP).
2. Directed that a task force be created to review all aspects of the PTCP and
make recommendations for appropriate modifications thereof.
3. Directed that the task force report back to the Council with its
recommendations as they affect the 2012 sidewalk program in time for the
July 9,2012 Council Meeting.
The Sidewalk Task Force has meet six times between 5/23 and 6/27 and has
scheduled further meetings on 7/5 and 7/11. While the Task Force had not, as of
the 6/27 meeting, completed a recommendation for the streets included in the
2012 program, staff was asked by the Task Force to report on the decisions which
had been made as of that date.
Background
City Council Direction
Make recommendations for appropriate modifications to the PTCP.
Criteria
The Task Force adopted a Criteria and Rating System which took into
consideration:
Street Classification (traffic volume)
o
Population density,
o
Proximity to schools,
o
Proximity to transit stops,
o
Proximity to retail (major clinics, drug stores and
o
grocery/convenience stores) and public facilities (parks, public
buildings and churches),
Gaps between existing sidewalk (1 block or less)
o
Accident history
o
That criteria and ranking system is show on Attachment A. City staff then
used the City’s mapping system to apply the criteria to each street included
in Zones 1 and 2 of PTCP rounds 1(2012) and 2 (2015 and 2016). That
2
application is shown on Attachment B ranked in numerical order from high
to low.
Criteria Filters
In addition to the adopted criteria, the Task Force adopted filters to review
the ranked streets in an effort to address extenuating circumstances which
may affect individual streets. Those filters include:
Side of street (two, one and, if one, which side)
o
Connectivity to existing sidewalk
o
Cost vs. Benefit (looks at physical barriers which may increase
o
construction cost)
Property owner and neighborhood preferences
o
Common Sense
o
Site Visits
The Task Force felt that there may be a need to view the recommended
locations directly in the field to determine if conditions were appropriately
considered in the evaluation process.
Review of Ranking
The Task Force began, but did not complete a review of all of the blocks
within Zones 1 and 2 that appear on the current PTCP. This includes
streets located within both rounds 1 and 2. Their recommendations are
marked in Attachment B as retain in the PTCP plan, hold for further review,
modify or delete. A comments column is also included.
Financing
The Task Force discussed financing options for sidewalk financing. The
committee agreed to provide series of approaches to the City Council for
consideration:
1. Notice to the affected property owners shall be provided 18 months
in advance of the sidewalk program.
2. Administrative costs shall be paid by the general tax payers and not
be placed on the sidewalk assessment to the individual affected
property owners.
3. All ordered repairs of existing sidewalks shall be placed on the
general tax roll.
4. The installation all new sidewalks shall be placed on the general tax
roll if the issue of past inequity can be mitigated.
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Assistant City Manager/Dir. of Administrative Services
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Attachment A
Revised 6/22/2012
Sidewalk Task Force
Criteria and Rating
Criteria Sub Criteria Rating Maximum
1 Street Classification (Traffic) 25
Prinicipal
Arterial 25
Minor Arterial 20
Collector 15
2 Connectivity to Schools 20
1/4 Mile 20
1/2 Mile 15
3 Gaps 15
1 block or less 15
4 Population Density 15
4 or more units 15
> 2 Units 10
5 Connectivity to Retail or Public Facilities 10
1/4 Mile 10
1/2 Mile 5
6 Connectivity to Transit Designated Stops 10
1/4 Mile 10
1/2 Mile 5
7 Accident data (5 year history) 1 or more 5
Total 100
4
Attachment B
6/27/2012
Janesville Sidewalk Task Force
Sidewalk Priority Ranking Table
LimitsSidewalk RankingsRecommendations
#
Total Rank
StreetFrom StreetTo StreetStreet ClassSchoolTransit StopGapsPublic FacilitiesPopulationAccidentsConstructionInstallation YearLengthRetainHoldModifyDeleteComments
1
WrightSkyviewBrunswick20201015100075120121355HHold to review topography
2
PrincetonPark ViewStuart02010151015070120121095R
3
StuartSuffolkWright0151015101506512012365R*Defer until developed
4
WrightRugerSkyview201510010005512012875HHold to review topography
5
Wuthering HillsPark ViewEastridge151501510005512012445R
6
WrightPalmerEnterprise2001015100055120122657R
7
SkyviewBeacon HillMargate1520100100055120121393R
8
SkyviewMargateTudor15155155005512012818R
9
Wuthering HillsSkyviewWilshire15150155005012012810R
10
WrightEnterpriseRacine200101550050120122417R
11
SkyviewWrightBeacon Hill151510010005012012468R
12
SuffolkStuartMilwaukee015101510005012012935MMove to East Side & hold for future notice
13
Wuthering HillsEnterpriseRacine150515100045120121162R
14
RugerBrakefieldRoyal200100100040120121478R
15
WrightCanterburyPalmer20010010004012012796R
16
WrightRugerCanterbury200100100040120122130R*Defer until developed
17
RugerWrightRoyal20010010004012012183R
18
ChelseaWoodhallPArk View02010010004012012707R
19
WoodhallSussexWright02010010004012012418R
20
WoodhallSuffolkSussex02010010004012012270R
21
SussexSussexWoodhall02010010004022015746
22
GreendaleGreendale CtWoodhall02010010004012012500
23
GreendaleSussexGreendale Ct02010010004022015945
24
Wuthering HillsWilshirePark View15150010004012012647R
LimitsSidewalk RankingsRecommendations
#
Total Rank
StreetFrom StreetTo StreetStreet ClassSchoolTransit StopGapsPublic FacilitiesPopulationAccidentsConstructionInstallation YearLengthRetainHoldModifyDeleteComments
25
Wuthering HillsEastridgeBristol15150010004012012274R
26
BrakefieldCanterburyPalmer15010010003522016476
27
SuffolkWalkwaySussex01510010003512012864D
28
GreendaleGreendaleSussex01510010003522015552
29
MorningsideLaramieAudubon01510010003522015791
30
PalmerBrakefieldWright150100100035220161529
31
Wuthering HillsOldwyckSkyview1515005003522015609R
32
MidlandMidland600 Block00101510003512012292
33
SomersetDoverWexford01510010003522015629
34
DoverDoverSussex01510010003522015483
35
RugerI 90-39Greendale2001005003512012730R
36
SuffolkSussexStuart01510010003512012375MMove to East Side & hold for future notice
37
DoverSomersetCul-de-sac01510010003522015260
38
SomersetWindsorDover01510010003522015519
39
MidlandPalmer400 Block0010155003012012427
40
SomersetWexfordStafford0155010003022015707
41
SomersetGreendaleWindsor0151005003022015321
42
MargateSkyviewBurnswick020505003012012255
43
MargateBurnswickWilshire020505003012012216
44
WilshireMargateTudor020505003012012928
45
LaramieMorningsideAudubon0151005003022015242
46
Wuthering HillsRugerHearthstone1500010002522015545R
47
Wuthering HillsValenciaBordeaux1500010002522015578R
48
Wuthering HillsBristolValencia1500010002522015718R
49
NantucketAlpineBurnwyck0001510002522015514
50
MargateBryn MawrSkyview015505002522015260
51
Bryn MawrMargateBeacon Hill015505002522015536
52
ExeterSouth WyckOldwyck015505002522015241
53
ExeterOldwyckBeacon Hill015505002522015265
LimitsSidewalk RankingsRecommendations
#
Total Rank
StreetFrom StreetTo StreetStreet ClassSchoolTransit StopGapsPublic FacilitiesPopulationAccidentsConstructionInstallation YearLengthRetainHoldModifyDeleteComments
54
WilshireTudorWuthering Hills015505002512012280
55
SurreyRoyalHampshire0010010002022016466
56
CanterburyYorkshireWright0010010002022016280
57
CanterburyWalkwayYorkshire0010010002022016905
58
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CLERK-TREASURER’S OFFICE MEMORANDUM
June 29, 2012
TO: City Council
FROM: Jim Jensen, Fire Chief
Jean Ann Wulf, City Clerk-Treasurer
SUBJECT: Action on a proposed resolution authorizing the City Manager to
enter into a contract with Andres Medical Billing Ltd. and to
authorize a 3% increase in resident ambulance rates. (File
Resolution No. 2012-922)
Staff Recommendation
Staff recommends that the City Council support a motion to adopt Resolution
2012-922 which authorizes the City Manager or his designee to enter into a
contract with Andres Medical Billing. In addition, we recommend an increase in
resident ambulance fees from $515 to $530 or 3%.
City Manager Recommendation
The City Manager recommends approval of the contract and the rate increase
which is consistent with the budgeted increase in 2012. I further recommend that
the City evaluate additional fee increases for the 2013 budget year.
Suggested Motion
I move to adopt resolution 2012-922 which authorizes the City Manager to enter
into a contract with Andres Medical Billing and to authorize staff to increase
resident ambulance rates from $515 to $530, effective August 1, 2012.
BACKGROUND
Billing Company
In 1998, the City of Janesville contracted with Specialty Billing Services (SBS) to
handle our ambulance billing program. They were experts in billing for
ambulance services and had specialized software to file with Medicare, Medicaid
and insurance companies. We have had a successful relationship with SBS over
the past fourteen years.
In 2012, SBS provided the City with a 180 day notice to terminate our billing
contract. They expanded their billing business by accepting another client that
needed emergency room physician billing. With this added business, they chose
to drop existing customers and specialize in emergency room billings.
Members of the Fire Department and the Clerk-Treasurer’s Office contacted
various ambulance billing companies to find a new ambulance billing partner.
We interviewed four companies: Andres Medical Billing, 3 Rivers Billing, EMS
Medical Billing and Lifequest. We were comfortable with all companies that were
interviewed and believe that they could provide the City with an acceptable level
of service. The companies were asked to submit a bid for ambulance services to
the City.
Revenue
Traditionally, the Fire Department and Clerk-Treasurer’s Office review our
ambulance rates annually.
Non-resident rates are reviewed and increased on January 1 if necessary. The
non-resident rates are a part of our annual township contracts for ambulance
services. These contracts are based on the calendar year. Township residents
are billed directly for ambulance services. If township residents do not pay their
bill, the township pays it to the City. It is then the township’s responsibility to
collect from their residents. On January 1, 2012, the non-resident fee was
increased from $720 to $740 or 3%.
Resident rates are reviewed and increased on April 1, if necessary, after the prior
year’s financial statements are issued. This year, we proposed an increase from
$515 to $530 or 3%. We did not implement this increase because of the
upcoming change in billing companies and the opportunity to get feedback from
regional ambulance billing companies.
ANALYSIS
Billing Company
All billing companies that we interviewed charged their customers a percentage
of collections. SBS charged the City a fixed fee per invoice ($15) and a transfer
fee ($2) for invoices turned over to a collection agency. The charge per invoice
is no longer an industry standard and it appears that most, if not all, billing
companies charge a percentage of collections.
The ambulance billing companies were requested to respond to various
questions and to submit their final bid by June 15, 2012. Attachment 1
summarizes the information sent by the billing companies. You will find that all
fees are a percentage of collections.
Andres Medical’s bid met or exceeded our requirements and was the lowest bid.
Based on 2011 activity levels, we compared the fee structure between SBS and
Andres Medical. In 2012, SBS received $67,300 for services rendered and
Andres Medical would have received $75,600. If we would have paid Andres
Medical, we would have paid $8,300 more in fees.
Effective January 1, 2012, the City of Beloit (former SBS customer) contracted
with Andres Medical to handle their ambulance billing services. They are very
satisfied with their selection and have enhanced reporting and technology
capabilities. Therefore, the Fire Department and the Clerk-Treasurer’s Office
recommend that we enter into a contract with Andres Medical because we
anticipate good customer service at the lowest cost of the four companies that
bid to provide ambulance billing services. The proposed contract will be for three
years and automatically renew annually. The City does have the ability to cancel
the contract by giving 180 days notice to Andres Medical.
Revenue
Andres Medical believes that our ambulance fees are too low. They have
suggested that the City of Janesville charge $800 for residents and $1,000 for
non-residents. They have provided the City with a chart (attachment 2) of
ambulance fees that are charged by other communities in our area. The average
rates charged are $675 for residents and $810 for non-residents.
Currently, we do not believe we can change non-resident ambulance rates. We
are required to abide by the City/Township contract and the small number of non-
residents that are not under contract would not make a significant difference.
For resident ambulance rates, we believe that increasing our rates from $515 to
$530 or a 3% increase is warranted. It is estimated that this increase would
generate an additional $12,000 in revenue. Even though the ambulance rate
would increase, 60% of our customers that qualify under Medicare and Medicaid
would still pay the same amount. We receive the maximum allowable for
ambulance services by those Federal programs. 40% of our customers that
either have insurance or are self pay would be required to pay the increased
amount. A significant number of self pays are turned over to our collection
agency and never collected.
We believe that staff should review and present a recommendation on increasing
2013 ambulance rates during budget deliberations. Additional time will allow
staff to gather more information and discuss our findings with the townships.
Currently, the townships believe that they are paying a significant amount of
money for ambulance services. They may want to seek another ambulance
provider if rates are raised.
cc: Jacob Winzenz, Director of Administrative Services
Eric Levitt, City Manager
RESOLUTION NO. 2012- 922
A resolution authorizing the City Manager or his designee to enter into an ambulance billing services
contract between the City of Janesville and Andres Medical, Ltd.
WHEREAS, the Common Council of the City of Janesville desire to provide their ambulance
customers with an effective ambulance billing service; and
WHEREAS, the Common Council of the City of Janesville has determined that it is better to
outsource ambulance billing services because of the specialized knowledge and software needed to
bill Medicare and Medicaid; and
WHEREAS, the Common Council has determined that it is more cost effective to have a third party
bill for ambulance services; and
WHEREAS, the Common Council has determined that Andres Billing is able to perform ambulance
billing services for the City of Janesville at reasonable cost.
NOW, THEREFORE, BE IT RESOLVED BY the Common Council that the attached proposed
contract between the City of Janesville and Andres Medical is hereby approved and authorized.
BE IT FURTHER RESOLVED, that the City Manager and his designee(s), on behalf of the City of
Janesville, are hereby jointly and severally further authorized and empowered to negotiate, draft,
review, review, modify, amend, execute, enter into, file and/or record additional agreements,
amendments, documents, and letters of understanding concerning this matter, and to take whatever
additional other minor actions that the City Manager may determine in his sole discretion, from time to
time and at any time, necessary and/or desirable in the public interest to effectuate the intent of this
Resolution.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Dongarra-Adams
Farrell
Eric J. Levitt, City Manager
Kealy
Liebert
ATTEST:
Severson
Steeber
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: Clerk-Treasurer’s Office
Prepared by: Clerk-Treasurer’s Office
This Agreement is entered into as of July 1, 2012 between the CITY OF JANESVILLE,
hereinafter referred to as CITY OF JANESVILLE and Andres Medical Billing, Ltd.,
hereinafter referred to as AMB.
WHEREAS, CITY OF JANESVILLE has determined that it is in their best interest to
retain the services of an outside billing service to collect monies for services rendered
by CITY OF JANESVILLE.
WHEREAS, AMB does hereby hold itself as being ready and able to perform a billing
service program as described herein.
NOW, THEREFORE, in consideration of the aforementioned promises and mutual
covenants and promises stated herein, the parties hereby agree as follows:
1. AMB shall provide a separate and complete Accounts Receivable program
within AMB’s computer billing system for the exclusive purpose of collections for
CITY OF JANESVILLE.
AMB will enter into said computer billing system, any and all ambulance trips
received from CITY OF JANESVILLE. AMB shall abstract, from the
documentation provided by CITY OF JANESVILLE, all diagnosis and procedure
information necessary to determine the level and type of service provided, any
billable diagnostic and therapeutic procedures performed, any billable supplies
and ancillary services rendered, and the appropriate diagnosis codes to be
billed for all ambulance run information provided by AMB by the client for that
purpose.
AMB will follow established billing industry guidelines, including those
established by HCFA, HIPAA, and various other government programs, for
ambulance services. To ensure compliance, AMB will periodically audit, on a
prospective and retrospective basis, a sample of CITY OF JANESVILLE billing
and clinical records. CITY OF JANESVILLE retains responsibility for providing
accurate and complete documentation of clinical services provided. CITY OF
JANESVILLE understands that AMB will code only from the documentation
provided.
2. AMB shall provide electronic billing of Medicare and Medicaid claims. It is the
responsibility of CITY OF JANESVILLE to inform Medicare and Medicaid or any
changes in the company’s status. AMB will also provide electronic reporting to
the city via a secured and password protected SSL web-site.
3. AMB will bill any and all appropriate commercial or third party payers as directed
by CITY OF JANESVILLE.
4. AMB will invoice all patients and all supplemental private pay patients as
directed by CITY OF JANESVILLE and as required by the Federal Medicare
Program.
Payment invoicing will be done on a billing form specific for CITY OF
JANESVILLE. Invoicing/ collection activities will be conducted on the following
schedule:
1st invoice within 3 days of receipt
st
Insurance request 30 days after 1 invoice
Insurance request 20 days after previous request
Statement 20 days after insurance request
Final notice 20 days after statement
Final letter 30 days after final notice
Collection agency or write off if no results from above as pre-determined by
CITY OF JANESVILLE. AMB will forward all collection accounts to the agency
chosen by CITY OF JANESVILLE.
5. All monies received by AMB on behalf of CITY OF JANESVILLE will posted to
the patients’ accounts on a weekly basis and deposited into bank account
designated by the CITY OF JANESVILLE. All cash receipt reports will be
uploaded to the SSL site as each deposit is completed. AMB will also provide a
monthly cash report.
All checks will be made payable to CITY OF JANESVILLE. AMB cannot cash
any checks and has no access to any CITY OF JANESVILLE bank accounts. It
is the responsibility of CITY OF JANESVILLE to notify AMB (on any payments
received at CITY OF JANESVILLE) within seventy-two (72) hours of all
payments, correspondence, explanation of benefits, etc. relating to the services
heretofore described.
6. AMB will maintain 800-phone service for the purpose of run sheet and payment
submission. This line will be available 24 hours a day.
7. AMB will promptly respond to all CITY OF JANESVILLE service recipient
concerns related to all billing practices conducted herein. AMB will provide bi-
lingual customer service representative along with bi-lingual invoices.
AMB will maintain an 800-phone line for the purpose of customer service. This
line will be staffed Monday through Friday from 8:30 am to 4:30 pm Central
time.
8. AMB shall comply with all Federal and State regulations, ordinances and
procedures governing ambulance collections.
9. AMB will submit a monthly accounts receivable aging report by payer category,
which will include identifying all uncollected receivables, a payment receipt
journal recap, and a monthly ticket survey, detailing all of the transports billed
from the previous month. It is the responsibility of CITY OF JANESVILLE to
verify these reports and provide AMB with any missing data. All reports currently
within the software of AMB’s billing system will be provided to CITY OF
JANESVILLE at no additional cost. All these reports will be available via the
SSL site.
10. AMB shall recognize and comply with the right of authorized CITY OF
JANESVILLE representatives to review any and all payment records pursuant to
claims and/or collection procedures conducted herein. CITY OF JANESVILLE
shall have the right to audit such reports at reasonable times.
11. CITY OF JANESVILLE agrees to pay AMB in accordance with the following fee
schedule for the aforementioned service for a term of five (5) years as long as
this Agreement has not been terminated:
five percent (5)
a. AMB shall be paid a fee of% of all payments
collected.
b. Payments to AMB shall be based upon revenues received in the
preceding month. AMB will provide a monthly billing to CITY OF
JANESVILLE calculating amounts owed to AMB based upon the above
stated formula.
c. Failure to pay AMB within 30 days of the monthly bill may constitute
immediate termination of the contract and possible legal action at the
cost of CITY OF JANESVILLE.
12. If CITY OF JANESVILLE determines it is in their best interest to use a collection
agency, CITY OF JANESVILLE will deal directly with the collection agency
regarding their fees.
13. It is expressly understood and agreed that AMB is an independent contractor
who shall at all times maintain insurance in force as herein provided and AMB
shall in all events defend and save and hold harmless CITY OF JANESVILLE
from any and all liabilities, obligations, debts, charges, or judgments arising from
claims, injuries or debts, charges, or judgments arising from injuries or property
damage claims attributable to the activities of AMB while engaged in the
performance of its duties under this Agreement.
14. This agreement shall be effective on the date hereof and shall remain in full
force and effect for a term of three (3) years. Thereafter, this Agreement shall
be automatically extended for successive one (1) year periods unless
terminated as hereinafter set forth. All terms and provisions of this Agreement
shall continue in full force and effect unless otherwise modified. Either party
may terminate this agreement at any time by giving the other party 180 days
written notice. Notwithstanding the aforementioned, this agreement shall be
subject to immediate termination by CITY OF JANESVILLE if AMB fails to
maintain insurance as in part 15.
15. AMB will maintain a one million dollars ($1,000,000.00) professional liability and
general liability of at least one million dollars ($1,000,000.00), and workers
compensation in an amount, which meets or exceeds the requirements of the
State of Illinois.
16. If this contract is terminated prior to the three (3) year agreement, CITY OF
JANESVILLE allows AMB to continue collections efforts for a period of 6 months
following the contract termination, unless other arrangements have been agreed
to by both parties in writing. CITY OF JANESVILLE understands that they will be
responsible to pay AMB their commission on their collections during this time
period in accordance with section 11(c).
Proper notice may be given by certified or registered mail to:
Patrick J. Mannix
Chief Executive Officer
Andres Medical Billing, Ltd.
3343 N. Ridge Avenue
Arlington Heights, IL 60004
OR TO:
At termination of the Agreement it is the responsibility of AMB to return to CITY
OF JANESVILLE any and all records and documents submitted to AMB, except
as required by Federal Law.
IN WITNESS WHEREOF, the Responsible Party of CITY OF JANESVILLE and the
Chief Executive Officer of AMB have executed this agreement.
CITY OF JANESVILLE ANDRES MEDICAL BILLING, LTD.
BY: BY:
DATE: DATE:
BY:
DATE:
FIRE DEPARTMENT MEMORANDUM
June 29, 2012
TO: City Council
FROM: Jim Jensen, Fire Chief
SUBJECT: Action on a proposed resolution authorizing participation in a Reciprocal
Mutual Aid Fire/EMS Protection Agreement.
(File Resolution No. 2012-923)
Summary
File Resolution No. 2012-923 authorizes the City Administration to enter into a
reciprocal mutual aid agreement with neighboring jurisdictions for assistance in fire,
emergency medical, and other emergency situations. The City Council has previously
authorized participation in the Mutual Aid Box Alarm System (MABAS). The agreement
being presented today covers emergencies which do not rise to the MABAS “box alarm”
level and are not covered by the MABAS agreement.
Recommendation
The Fire Department recommends adoption of Resolution 2012-923.
City Manager Recommendation
The City Manager concurs with the Fire Department recommendation.
Suggested Motion
I move to adopt resolution 2012-923 which authorizes the City Manager to enter into the
Reciprocal Mutual Aid Fire/EMS Protection Agreement.
Background
The City of Janesville, through the Fire Department, has been a participant in mutual aid
agreements since 1973. Prior to 2001, separate agreements existed that covered either
fire emergencies or emergency medical emergencies. In 2001 the City Council
authorized participation in the Mutual Aid Box Alarm System (MABAS). At that time the
two agreements were consolidated into a comprehensive MABAS agreement. It was felt
that the MABAS contract would cover all types of mutual aid requests, whether or not an
actual MABAS system activation was initiated.
MABAS activations are used primarily for large-scale, long-term events, which occur
infrequently. However, the Fire Department requests and responds to mutual aid on a
fairly routine basis for emergencies that do not reach the level of a MABAS activation.
Rock County Fire Departments were recently informed by MABAS and Wisconsin
Emergency Management that the MABAS agreement does not replace local or county
mutual aid contracts, unless the utilization of emergency resources progresses directly
from local resources to requesting a MABAS “box alarm.”
Mutual Aid Resolution Memo
p. 2
The Fire Department has good working relationships with surrounding departments.
Automatic aid dispatching arrangements are common in surrounding rural service
areas. We would prefer to utilize existing relationships and predetermined assignments
rather than being required to activate the MABAS system for routine incidents. We
believe that our participation in the Reciprocal Mutual Aid Fire/EMS Protection
Agreement will assist in providing for the most efficient and effective use of resources.
Please let me know if additional information is needed.
cc: Eric Levitt, City Manager
Jay Winzenz, Director of Administrative Services/Assistant City Manager
RESOLUTION NO. 2012- 923
A resolution authorizing the City Manager or his designee to enter into a Reciprocal Mutual Aid Fire/EMS
Protection Agreement.
WHEREAS, section 66.0301, Stats., authorizes municipalities to cooperate together and to contract with other
municipalities for the receipt or furnishing of services or the joint exercise of any power or duty required or
authorized by law; and
WHEREAS, section 66.0303 (2), Stats., authorizes municipalities to cooperate together and to contract with
other municipalities of another state for the receipt or furnishing of services or the joint exercise of any power
or duty required or authorized by law; and
WHEREAS, the Common Council of the City of Janesville believes it is in the best interest of the residents of
municipalities to cooperate for purposes of fire/EMS protection and to contract for the fire/EMS protection units
of the municipalities to come to the aid of other municipalities to fight fires and to respond to other emergencies
within those municipalities when necessary; and
WHEREAS, the Common Council of the City of Janesville has determined that it is in the best interest of the
City of Janesville to enter into the proposed Reciprocal Mutual Aid Fire/EMS Protection Agreement to provide
for efficient and effective coordination of fire protection and emergency medical services.
NOW, THEREFORE, BE IT RESOLVED BY the Common Council that the Reciprocal Mutual Aid Fire/EMS
Protection Agreement, a copy of which is attached hereto and incorporated herein by reference, is herby
approved and adopted and that the City Manager and City Clerk be and hereby are authorized to execute the
same on behalf of the City of Janesville.
BE IT FURTHER RESOLVED, that the City Manager and his designee(s), on behalf of the City of Janesville,
are hereby jointly and severally further authorized and empowered to negotiate, draft, review, review, modify,
amend, execute, enter into, file and/or record additional agreements, amendments, documents, and letters of
understanding concerning this matter, and to take whatever additional other minor actions that the City
Manager may determine in his sole discretion, from time to time and at any time, necessary and/or desirable in
the public interest to effectuate the intent of this Resolution.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Dongarra-Adams
Farrell
Eric J. Levitt, City Manager
Kealy
Liebert
ATTEST:
Severson
Steeber
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: Fire Department
Prepared by: Fire Chief
RECIPROCAL MUTUAL AID
FIRE/EMS PROTECTION AGREEMENT
WHEREAS, the parties to this Agreement hereinafter designated as
“Municipalities,” each maintain and operate separate fire/ems protection services;
and
WHEREAS, for purposes of this Agreement, “Municipality” shall include
any city, village, town or fire/ems protection district which signs this Agreement;
and
WHEREAS, the Municipalities believe it is in the best interest of the
residents of each of the Municipalities to cooperate for purposes of fire/ems
protection and to contract for the fire/ems protection units of the Municipalities to
come to the aid of other Municipalities to fight fires and to respond to other
emergencies within those municipalities when necessary; and
WHEREAS, section 66.0301, Stats., authorizes municipalities to cooperate
together and to contract with other municipalities for the receipt or furnishing of
services or the joint exercise of any power or duty required or authorized by law;
and
WHEREAS, the Municipalities desire to enter into a Reciprocal Mutual Aid
Fire/EMS Protection Agreement upon the terms set forth hereinafter;
NOW, THEREFORE, in consideration of the mutual agreements and
covenants provided herein, the Municipalities agree as follows:
1. PURPOSE. It is recognized and acknowledged that in certain situations,
’
such as, but not limited to, emergencies, natural disasters and man-made
catastrophes, the use of an individual Member Units personnel and
equipment to perform functions outside the territorial limits of the Member
Unit is desirable and necessary to preserve and protect the health, safety
and welfare of the public. It is further expressly acknowledged that in
’
certain situations, such as the aforementioned, the use of other Member
Units personnel and equipment to perform functions within the territorial
limits of a Member Unit is desirable and necessary to preserve and protect
the health, safety and welfare of the public. Further, it is acknowledged that
coordination of mutual aid through the Reciprocal Mutual Aid Fire/EMS
Protection Agreement is desirable for the effective and efficient provision of
mutual aid.
2. MUTUAL AID. For purposes of this Agreement, mutual aid shall be
considered any fire, ambulance service or emergency aid rendered by a
participating municipality to another participating municipality below the
1
MABAS Box Alarm Level. Such mutual aid shall be rendered to the full
extent of the lawful powers of the participating municipalities.
3. PLAN. In the event an emergency occurs in any of the municipalities, said
municipality may call upon any one or all of the other Municipalities for aid.
The plan shall be implemented in accordance with MABAS Division 104
Policy and Procedures. The governance for policy and procedures shall lie
with the MABAS Division 104 Committee of which each Unit is a member.
.
4. JURISDICTION OVER PERSONNEL AND EQUIPMENT. Personnel
dispatched to aid a party pursuant to this Agreement shall remain
employees of the Aiding Unit. Personnel of the Aiding Unit shall report for
direction and assignment at the scene of the emergency to the Chief or
Incident Commander of the Stricken Unit. The Aiding Unit shall at all times
have the right to withdraw any and all aid upon the order of its Chief Officer
or his designee; provided, however, that the Aiding Unit withdrawing such
aid shall notify the Incident Commander or his designee of the Stricken
Unit of the withdrawal of such aid and the extent of such withdrawal.
5. COMPENSATION. Equipment, personnel, and/or services provided
pursuant to this Agreement shall be at no charge to the Stricken Unit;
however, any expenses recoverable from third parties and responsible
parties shall be equitably distributed among Aiding Units. Nothing herein
shall operate to bar any recovery of funds from any state or federal agency
under any existing state and federal laws.
6. LIABILITY. Each party hereto agrees to waive all claims against all other
parties hereto for any loss, damage, personal injury or death occurring in
consequence of the performance of this Agreement; provided, however,
that such claim is not a result of willful or reckless misconduct by a party
hereto or its personnel. The Stricken Unit hereby expressly agrees to hold
harmless, indemnify and defend the Aiding Unit and its personnel from any
and all claims, demands, liability, losses, including attorney fees and costs,
suits in law or in equity which are made by a third party that may arise from
providing aid pursuant to this Agreement.
’
All employee benefits, wage and disability payments, pensions and
workers compensation claims, shall be the sole and exclusive
responsibility of each party for its own employees provided, however, that
such claim is not a result of willful or reckless misconduct by a party hereto
or its personnel.
2
The rendering of assistance under the terms of this Agreement shall not be
mandatory and the Aiding Unit may refuse if local conditions of the Aiding
’
Unit prohibit response. It is the responsibility of the Aiding Unit to
immediately notify the Stricken Unit of the Aiding Units inability to respond,
however, failure to immediately notify the Stricken Unit of such inability to
respond shall not constitute evidence of noncompliance with the terms of
this section and no liability may be assigned.
No liability of any kind or nature shall be attributed to or be assumed,
whether expressly or implied, by a party hereto, its duly authorized agents
and personnel, for failure or refusal to render aid. Nor shall there be any
liability of a party for withdrawal of aid once provided pursuant to the terms
of this Agreement.
7. INSURANCE. Each part hereto shall procure and maintain, at its sole and
’
exclusive expense, insurance coverage, including: comprehensive liability,
personal injury, property damage, workers compensation, and, if
applicable, emergency medical service professional liability, with minimum
limits of $1,000,000 auto and $1,000,000 combined single limit general
liability and professional liability. No party hereto shall have any obligation
to provide or extend insurance coverage for any of the items enumerated
’
herein to any other party hereto or its personnel. The obligations of the
Section may be satisfied by a partys membership in a self-insurance pool,
a self-insurance plan or arrangement with an insurance provider approved
by the state of jurisdiction. The Rock County Fire Officers may require that
copies or other evidence of compliance with the provisions of this Section
be provided to the Rock County Fire Officers. Upon request, Member Units
shall provide such evidence as herein provided to the Rock County Fire
Officers members.
8. TERMINATION. Any municipality may terminate its participation in this
Agreement by mailing a notice to the Municipal Clerk and to the Chief of
every other participating municipality. The date and exact time of
termination shall be specified in the notice and shall be at least 30 days
following the date of mailing.
This Agreement shall take effect when signed by the duly authorized
officers of each participating municipality and the signed and dated original
filed with the Secretary of the Rock County Fire Officers Association, Inc.
This Agreement shall remain in effect until terminated by one or more of
the participating Municipalities.
3
9. COUNTERPARTS. This Agreement may be signed in any number of
counterparts with the same effect as if the signatures hereto were upon the same
instrument.
Participating Jurisdictions:
City of Beloit Clinton Fire Protection District
Edgerton Fire District Evansville Fire District
City of Janesville City of Milton
Town of Turtle Orfordville Fire District
Town of Beloit Village of Footville
City of South Beloit, Illinois Evansville EMS
Brooklyn Fire/EMS Whitewater Fire/EMS
Brodhead Fire Brodhead EMS
Fort Atkinson Fire Fitch-Rona EMS
Sharon Fire/EMS Darien Fire/EMS
Stoughton Fire Stoughton EMS
Albany Fire Albany EMS
Deerfield Fire Cambridge Fire/EMS
Oregon Fire/EMS Durand Fire/EMS, Illinois
Shirland Fire/EMS
Name of Municipality: ____________________________________________________
By: ___________________________________________________________________
Title: _________________________________________________________________
Date: _________________________________________________________________
4