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Home My WebLink About06. 20-468 DECEMBER 8, 2020 20-468 RESOLUTION (CARRIED 6-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE WINNEBAGO COUNTY AND CITY OF OSHKOSH INTER-AGENCY AGREEMENT FOR HAZ-MAT RESPONSE SERVICES INITIATED BY: CITY ADMINISTRATION WHEREAS, the Oshkosh Fire Department provides hazardous material response services through contract with the State of Wisconsin Department of Military Affairs, Division of Emergency Management; and WHEREAS, the Oshkosh Fire Department has previously provided county wide hazardous material response services through Agreement with Winnebago County; and WHEREAS, Winnebago County has requested the Oshkosh Fire Department to continue to provide these services within the County for calendar year 2021. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Agreement with Winnebago County for Hazardous Materials Response Services from January 1, 2021 through December 31, 2021 is hereby approved and the proper City officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. TO: Honorable Mayor & Members of the Common Council FROM: Mike Stanley, Fire Chief DATE: December 6, 2020 RE: Winnebago County and City of Oshkosh Inter -Agency Agreement for Haz-Mat Response Services BACKGROUND The Oshkosh Fire Department has historically had an Inter -Agency Agreement between the Winnebago County and the City of Oshkosh For Type II Hazardous Material Response Services. ANALYSIS This would be a renewal for 2021 to continue the agreement to participate in the Winnebago County Haz-Mat Emergency Response Plan. The Oshkosh Fire Department would continue to provide initial emergency response to hazardous substance releases to assist fire districts within the County when requested. FISCAL IMPACT The Oshkosh Fire Department will be compensated through the Local Emergency Planning Committee (LEPC) budget for the purpose of Haz-Mat equipment at the rate of $9,000.00 per year. These funds will be deposited in account 0235-0230-20557. RECOMMENDATION The recommendation would be that Common Council approve continuing this agreement with Winnebago County so that we can continue to this mutually beneficial relationship. Respectfully Submitted, Mike Stanley Fire Chief Approved: Mark Rohloff City Manager INTER -AGENCY AGREEMENT BETWEEN WINNEBAGO COUNTY AND CITY OF OSHKOSH FOR TYPE II HAZARDOUS MATERIAL (HAZMAT) RESPONSE SERVICES January 1, 2021— December 31, 2021 THIS AGREEMENT is entered into pursuant to the authority provided by Section 66.0301, Wisconsin Statutes, as to inter -governmental cooperative agreements; pursuant to Section 323.60, Wisconsin Statues, as to general Emergency Response requirements and pursuant to Section 323.15, relating to the powers and authority of Emergency Management. WHEREAS, Winnebago County, a municipal corporation, whose address is 112 Otter Avenue, Oshkosh, Wisconsin 54901 (hereinafter referred to as "County") and the City of Oshkosh, a municipal corporation, whose address is 215 Church Avenue, Oshkosh, Wisconsin 54901, (hereinafter referred to as "City") desire to enter into an inter -governmental agreement regarding TYPE 11 Hazardous Material (HAZMAT) Response Services; and WHEREAS, County desires to provide fiscal resources as herein specified in this agreement and in order to enhance the county -wide use of City's HAZMAT Response Team by County; and WHEREAS, City is able and willing to provide such services in accordance with its hazardous material plan, upon the request of the Local Emergency Planning Committee (hereinafter referred to as "LEPC") or the Winnebago County Emergency Management Director, as its designee. NOW, THEREFORE, in consideration of the above premises and the mutual covenants of the parties hereinafter set forth, the receipt and sufficiency of which is acknowledged by each party for itself, the COUNTY and CITY do agree as follows: I. DEFINITIONS 1.01 HAZARDOUS SUBSTANCE: A "hazardous substance" is as defined pursuant to Section 42 U.S.C.A. Sec. 9601(4) or those substances designated by the administrator of the U.S. Environmental Protection Agency, pursuant to 42 U.S.C.A. Sec. 9602(a), as such Statutes and shall include, but not shall be limited to, flammable liquids or substances. 1.02 SUBSTANCE RELEASE: "Substance Release" is defined as the release or spill of a hazardous substance as defined in Sec. 1.01 of this agreement. 1.03 SUBSTANCE RELEASE RESPONSE: "Substance Release Response" is defined as those activities undertaken by and authorized by the City's HAZMAT Response Team throughout Winnebago County at the request of the LEPC or Emergency Management Director or designees to provide adequate emergency response to hazardous substance release. 1.04 CITY 14AZMAT RESPONSE TEAM: The Fire Chief or his designee shall supervise and direct operations of the City Response Team. IL PURPOSE OF AGREEMENT 2.01 It is the intended purpose of the parties to this agreement to develop a HAZMAT Plan for County -Wide HAZMAT Emergency Response and to provide HAZMAT Response Team services to fire districts throughout Winnebago County. Such services shall be limited to an initial emergency response to hazardous substance release. III. EMERGENCY RESPONSE FUNDING 3.01 During the term of this agreement, County shall provide through its LEPC Budget matching funds to the City for the purpose of purchasing HAZMAT equipment. Said funding shall be contingent upon County receiving sufficient funding from the State for that specific purpose. Funding by County to City pursuant to this agreement shall be $9,000.00 per year. IV. TERM 4.01 The term of this agreement shall commence on the 1 st day of January, 2021 and shall terminate as of the end of the day on the 31st day of December, 2021. 4.02 This agreement may be renewed by the parties, upon the mutual agreement of both parties, on a year by year basis. 4.03 This agreement may be renegotiated upon written notice by either parry to the opposite parry on or before June 30 of any agreement year. The parties hereto agree to renegotiate in good faith the terms and conditions of this agreement. 4.04 Written notice of non -intent to renew this agreement shall be provided by the terminating parry to the opposite parry on or before October 31 of any calendar year when this agreement is in effect. V. FAILURE TO APPROPRIATE FUNDS 5.01 The failure of Winnebago County Board of Supervisors to appropriate sufficient funds in any year covered by this agreement shall be cause for automatic termination of this agreement. VI. HOLD HARMLESS AND INDEMNIFICATION 6.01 City agrees to at all times during the term of this agreement, indemnify, save harmless and defend the County, its boards, commissions, agencies, officers, employees and representatives against any and all liability, loss, damages, costs or expenses, whether personal injury or property damage, which the County, its officers, employees, agencies, boards, commissions and representatives may sustain, incur or be required to pay by reason of the provider furnishing the services or goods required to be provided under this agreement, provided, however, that the provisions of this Section shall not apply to liabilities, losses, charges, costs or expenses caused by or resulting from the acts or omissions of the County, its agencies, boards, commissions, officers, employees or representatives. 6.02 County agrees to at all times during the term of this agreement, indemnify, save harmless and defend the City, its boards, commissions, agencies, officers, employees and representatives against any and all liability, loss, damages, costs or expenses, whether personal injury or property damage, which the City, its officers, employees, agencies, boards, commissions and representatives may sustain, incur, be required to pay by reason of any negligent acts, errors or omissions of the County, pursuant to this agreement, provided however, that the provisions of this Section shall not apply to liabilities, losses, charges, costs of expenses caused by or resulting from the acts or omissions of the City, its agencies, boards, commissions, officers, employees or representatives. VIL DISCRINIINATION 7.01 During the term of this agreement the parties mutually agree not to discriminate against any person, whether a recipient of services (actual or potential), an employee, or an applicant for employment on the basis of race, religion, sex, handicap, national origin, age, cultural differences, sexual preference, marital status, or physical appearance. Such equal opportunity shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff, termination, training, rates of pay, or any other form of compensation. VIIL ENTIRE AGREEMENT 8.01 The entire agreement of the parties is contained herein and this agreement supersedes any and all oral agreements and negotiations between the parties relating to the subject matter hereof. IN WITNESS WHEREOF, the CITY and the COUNTY have executed this agreement on the day of )2020. CITY OF OSHKOSH ("CITY") By: By: By: By: Mark Rohloff, City Manager Pam Ubrig, City Clerk Russ Van Gompel, City Finance Director Mike Stanley, City Fire Chief Drafted by: John Bodnar Corporation Counsel for Winnebago County Redrafted 1/2/98 Amended Signature Lines 3/14/19 I�Ii J a011r, WINNEBAGO COUNTY ("COUNTY") By: By: Mark L. Harris, County Executive Susan Ertmer, County Clerk