HomeMy WebLinkAboutNortheast Hazmat Response Services Agreement 25-27 (clean)
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Docusign Envelope ID: A7797C7D-729F-4414-B4A3-8E0F7A162016
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CONTRACT FOR
WISCONSIN HAZARDOUS MATERIALS
RESPONSE SYSTEM SERVICES
JULY 1, 2025, THROUGH JUNE 30, 2027
Between
STATE OF WISCONSIN
DEPARTMENT OF MILITARY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
And
CITY OF APPLETON, WISCONSIN
CITY OF OSHKOSH, WISCONSIN
CITY OF GREEN BAY, WISCONSIN
CITY OF WAUSAU, WISCONSIN
CITY OF RHINELANDER, WISCONSIN
CITY OF MARINETTE, WISCONSIN
WAUPACA COUNTY, WISCONSIN
CITY OF MARSHFIELD, WISCONSIN
CITY OF WISCONSIN RAPIDS, WISCONSIN
NORTHEAST
WISCONSIN HAZARDOUS MATERIALS TASKFORCE
Docusign Envelope ID: A7797C7D-729F-4414-B4A3-8E0F7A162016
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CONTRACT FOR WISCONSIN HAZARDOUS MATERIALS
RESPONSE SYSTEM SERVICES
1.0 General Contract Information
1.1 Parties: This contract is between the State of Wisconsin, Department of Military
Affairs, Division of Emergency Management on the one hand and the City of
Appleton, City of Oshkosh, City of Green Bay, City of Wausau, City of Rhinelander,
City of Marinette, Waupaca County, City of Marshfield, and the City of Wisconsin
Rapids, also collectively referred to as the Northeast Wisconsin Hazardous
Materials Taskforce on the other for the provision of Wisconsin Hazardous
Materials Response System services as described herein and authorized under
1991 Wisconsin Act 104, as codified in Wis. Stat. § 323.70 of the Wisconsin
Statutes and as further amended.
1.2 Recitals:
WHEREAS to protect life and property against the dangers of emergencies
involving Level A releases, the Division may assign and make available for use in
any county, city, village, or town a hazardous materials response system.
WHEREAS the Division desires to enter into this Agreement to establish Contractor
as part of the Wisconsin Hazardous Materials Response System, and Contractor
desires to be so designated and to enter into this Agreement.
HOWEVER, the parties expressly recognize and attest by this Agreement that
neither party intends to create or assume fiduciary or other responsibilities to
provide for the containment, cleanup, repair, restoration, and investigation of the
environment (air, land, and water) in a hazardous materials incident, which named
responsibilities are and shall remain the sole obligations of the Wisconsin
Department of Natural Resources under Wis. Stat. §§ 292.11 and 323.60(4).
1.3 Contract Term: This Agreement runs for two years, commencing July 1, 2025, and
ending on June 30, 2027.
1.4 Quarterly Basis: Certain actions are to be taken on a quarterly basis. For the
purposes of this Agreement, the quarters are as follows:
First quarter: July 1 through September 30
Second quarter: October 1 through December 31
Third quarter: January 1 through March 31
Fourth quarter: April 1 through June 30
2.0 Definitions: The following definitions are used throughout this Agreement:
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Agreement means this Contract, together with the Exhibits. Exhibits include the
following:
Exhibit A Standard Terms and Conditions (Request for Bids/Proposals)
DOA-3054 Form
Exhibit B Northeast Wisconsin Hazardous Materials Taskforce Budget
Exhibit C Map of Wisconsin Hazardous Materials Response System
Exhibit D Certificate of Protection in Lieu of an Insurance Policy, as
applicable.
State means the State of Wisconsin.
Department means the State of Wisconsin Department of Military Affairs.
Division means the Division of Emergency Management.
Contractor means the City of Appleton, City of Oshkosh, City of Green Bay, City of
Wausau, City of Rhinelander, City of Marinette, Waupaca County, City of
Marshfield, and the City of Wisconsin Rapids, also collectively referred to as the
Northeast Wisconsin Hazardous Materials Taskforce, by which hazardous
materials response service or services to Level A releases will be performed under
this Agreement.
Emergency means a situation that affects or presents an imminent risk to public
health, safety and/or the environment.
Wisconsin Hazardous Materials Taskforce means one of four (4) Taskforces
located throughout the State and comprised of Type I, Type II, and Type III
hazardous materials teams.
Incident means any actual or imminent threat of release, rupture, fire, or accident
that results or has the potential to result in the loss or escape of a hazardous
material into the environment.
Level A Release means a release that meets the specifications under Wis. Stat. §
323.02(11) of the Wisconsin Statutes.
Type I Hazardous Materials Team includes all Type II and Type III Level A release
response capabilities, plus the self-sufficient ability to make entry to and the
capability to respond to Weapons of Mass Destruction (WMD) and Chemical,
Biological, Radiological, Nuclear, and Explosive (CBRNE) incidents.
Type II Hazardous Materials Team includes all Type III Level A release response
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capabilities plus the analysis of unknown substances and the capability to make
entry to an unknown substance response with the proper number of personnel.
Type III Hazardous Materials Team includes response capabilities to all known
chemicals and fuels plus the ability to perform mitigation operations and the
capability to make entry for Level A releases and known substances with the proper
number of personnel.
Wisconsin Hazardous Materials Response System means the four (4) tiered
hazardous materials taskforces comprised of fire departments chosen by the
Division to provide Level A hazardous materials response that meets the standards
under 29 CFR 1910.120 and/or 29 CFR 1910.134(f), NFPA 472 and 1582, IS 700,
ICS 100, 200, 300 and 400, and Wisconsin Firefighter 1.
3.0 Statement of Work
3.1 Services to be provided by Contractor: During the term of this Agreement, the
Contractor agrees to provide hazardous materials response system services to
Level A releases through the use of designated Type I, Type II, and Type III
Hazardous Materials Teams making up four (4) Taskforce areas throughout the
State of Wisconsin as described in Exhibit C, attached hereto and incorporated by
reference herein. This Agreement does not include response to Type IV incidents
which are locally defined and handled by the authority having jurisdiction.
Contractor's response activities under this Agreement shall be limited to emergency
operations relating to hazardous materials incidents, reporting and documentation
of activities arising from hazardous materials releases/incidents which threaten life,
property and/or the environment. Contractor shall not provide under this Agreement
any services with respect to the sampling, testing, analysis, treatment, removal,
remediation, recovery, packaging, monitoring, transportation, movement of
hazardous materials, cleanup, storage and disposal of hazardous materials except
as these may be reasonably necessary and incidental to preventing a release or
threat of release of a hazardous material or in stabilizing the emergency response
incident, as determined by the Contractor.
Contractor shall establish safety perimeters at or near sites and vessels. Contractor
shall not be required to locate underground utilities, ensure appropriate traffic
control services, conduct hydrological investigations and analysis, or provide
testing, removal, and disposal of underground storage tanks at or near the
emergency response incident to which the Contractor is dispatched.
The Division and Contractor make no representations to third parties with regard to
the ultimate outcome of the services to be provided under this Agreement, but
Contractor shall respond to the best of its abilities, subject to the terms of this
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Agreement.
3.2 Performance Conditions: Contractor acknowledges that prior to undertaking any
emergency response activity under this Agreement, Contractor shall receive written
approval from the Division to proceed with response activities. A Contractor that
has previously been providing services under a regional hazardous materials
response system agreement with the Division is considered to have received
written approval to proceed with response activities. Division approval shall be
conditioned upon the Contractor demonstrating to the Division that its employees,
equipment and vehicles meet or exceed applicable regulatory requirements.
3.3 Personnel: Contractor shall provide an adequate number of trained, medically
monitored, competent, and supervised personnel as established by the Division
and as is reasonably necessary to operate within the safety levels of the Wisconsin
Hazardous Materials Response System. Contractor shall meet the standards under
29 CFR 1910.120 and/or 29 CFR 1910.134(f), NFPA 471, 472 and 1582, IS 700,
ICS 100, 200, 300 and 400, and Wisconsin Firefighter 1 certification.
3.4 Vehicles and Equipment: Contractor shall limit its activities to that which can be
safely accomplished within the technical limitations of the available vehicles and
equipment. Contractor may use equipment and vehicles provided by the Division
for Contractor's local use, except as follows. Contractor agrees that in the event of
multiple responses, said equipment that is already not committed to a prior
response shall be used on a priority basis to respond to a hazardous materials
release. Contractor shall provide the Division with a current listing of its equipment
assets including the manufacturer, date of purchase, and calibration requirements
within 30 days after this Agreement is fully executed and annually thereafter.
3.5 Vehicles and Equipment Use Limitations: This Agreement in no way limits the
Contractor from responding with Division-provided vehicles, equipment, and
supplies under local authority, mutual aid agreements, or other contracts under
local authority.
3.6 Response Procedures and Limitations: Contractor recognizes that its obligations
under this Agreement are paramount to the State of Wisconsin. Contractor agrees
that if local fire response obligations in Contractor's own jurisdiction create limits or
unavailable resources, Contractor will seek aid from local jurisdictions to assist in
local fire response obligations in Contractor's own jurisdiction.
Contractor's obligation to provide services hereunder shall arise, with respect to
specific response actions, upon receipt of an emergency response request
pursuant to mutually approved Standard Operating Guidelines provided in
Subsection 3.8. These guidelines will be maintained in a mutual aid support system
that will be used to assess readiness.
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3.7 Right of Refusal: If, on occasion, a response under this Agreement would
temporarily place a verifiable undue burden on the Contractor because Contractor's
resources are otherwise inadequate or unavailable and mutual aid is unavailable for
a hazardous materials response within the State, then, if notice has been provided
to the Division, the Contractor may decline a request for hazardous materials
response system services.
3.8 Standard Operating Guidelines: Contractor and Division agree that hazardous
materials response system operations will be conducted in accordance with
Wisconsin Hazardous Materials Response System Operations Plan, and "Call Out
Procedure" that will be mutually approved by the parties to this Agreement.
3.9 Mutual Aid Box Alarm System (MABAS): Contractor is highly encouraged to
participate in the MABAS-WI program. At a minimum and absent MABAS-WI
participation, Contractor will be qualified and credentialed under all NIMS standards
for hazardous materials.
3.10 Standardized Equipment Reports: In order to prepare, plan, and respond to the
dangers of emergencies involving Level A releases, the Division shall require
standardized equipment purchases and inventory for the Wisconsin Hazardous
Materials Response System. Contractor shall update, on an annual basis, the
Standardized Equipment Report that provides a current inventory of all hazardous
materials equipment assets including but not limited to the manufacturer, date of
purchase, and calibration requirements. The Contractor will input equipment
inventory on the Division’s secure ImageTrend Elite website,
https://wisconsinfire.imagetrendelite.com/elite/organizationwisconsinfire/ or
equivalent. The annual Equipment Inventory shall be updated after January 1, or
when new equipment is added during the calendar year. Failure to submit timely
Equipment Inventory may result in the withholding of quarterly Annual Allocation
payments provided for under this Agreement.
3.11 Operating Expenditure Reports: In order to prepare, plan, and respond to the
dangers of emergencies involving Level A releases, the Division shall collect
standardized operating expenditure information from Contractor including but not
limited to wages and stipend costs. Contractor shall provide the Division, on a
quarterly basis, with an Operating Expenditure Report that provides a current listing
of its hazardous materials team’s operating expenditures on an electronic
spreadsheet developed by the Division. The Division will input Contractor’s
operating expenditures on the Division’s secure WebEOC website located at
wi.webeocasp.com, or equivalent. The quarterly Operating Expenditure Reports
shall be provided to the Division no later than thirty (30) days after the end of each
quarter. Failure to submit timely Operating Expenditure Reports may result in the
withholding of quarterly payments under this Agreement until such report is
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received.
3.12 Hazardous Materials Incident Reporting: To prepare, plan, and respond to the
dangers of emergencies involving Level A releases, the Division shall collect
accurate, actual, and standardized hazardous materials assist and response data.
Further, Contractor shall report all hazardous materials incidents (local/county or
State) on the Division’s secure ImageTrend Elite website,
https://wisconsinfire.imagetrendelite.com/elite/organizationwisconsinfire/ or
equivalent. The Hazardous Materials Incident Report shall be completed and
submitted no later than five (5) business days after the end of the incident. Failure
to submit timely Hazardous Materials Incident Reports may result in the withholding
of quarterly payments under this Agreement until such report is submitted.
3.13 Wisconsin Hazardous Materials Response System Member Rosters: Under
Subsection 5.11, members of the Wisconsin Hazardous Materials Response
System are considered state employees for worker’s compensation purposes. It is
paramount that the Division has a current listing of all members in order to ensure
coverage. Contractor shall provide the Division, on a quarterly basis, with a current
listing of its members on an electronic spreadsheet developed by the Division.
Failure to submit timely member rosters may result in the withholding of quarterly
payments under this Agreement.
4.0 Advisory Committee
4.1 There are currently four agreements establishing separate Wisconsin hazardous
materials taskforces. Section 4 of each such agreement authorizes the creation of a
committee that will advise the Division on matters relating to the exercise of the
Division’s discretion.
4.2 The committee shall be advisory only.
4.3 Committee membership shall be made up of two representatives from each type of
team (Type 1, Type 2 and Type 3) and one at-large representative.
4.4 Membership may be drawn from any of the contractors of any of the four
taskforces.
4.5 The members of the advisory committee shall be appointed by the Board of
Directors of the Wisconsin State Fire Chiefs Association.
5.0 Contractor Annual Allocation, Reimbursement, and Grants
There are two types of Contractor funding under this Agreement: (1) Annual
Allocation based on the Type I, Type II or Type III Level A release capabilities
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provided by Contractor and (2) Team Response Costs. Each of these is discussed
below.
5.1 Annual Allocation and Quarterly Payments: As provided under Wis. Stat. §
323.70(2) of the Wisconsin Statutes, Contractor will be subsidized annually for each
fiscal year, commencing on 7/1/2025 and ending on June 30, 2027 under this
Agreement for its approved annual allocation as described in "Exhibit B", attached,
and incorporated by reference. The payments shall be made to Contractor on a
quarterly basis, with the first payment to be made at the end of the first quarter, if all
required quarterly reports have been submitted for the quarter at issue and if the
Agreement has not been terminated or canceled with respect to the Contractor. If
the Agreement has been terminated or canceled with respect to the Contractor prior
to the end of the Agreement, payment of annual allocations will be made pursuant
to Section 8.8. Funding amounts will be based by Type I, Type II, and Type III
Hazardous Materials Team designation. The Annual Allocation is intended to cover
direct and indirect costs necessary to ensure the proper number of trained
personnel per shift depending on the type of response, a stipend per response
system member as well as baseline, maintenance, and exit physicals for each
response system member. Quarterly Annual Allocation payments to Contractor
shall be made from the appropriation account under Wis. Stat. § 20.465(3)(dd) of
the Wisconsin Statutes.
5.1.1 Funds allocated under Subsection 5.1 of this Agreement shall supplement existing,
budgeted monies of the Contractor to provide the services specified herein and
may not be used to replace, decrease, or release for alternative purposes the
existing, budgeted monies of or provided to the Contractor.
Further, funds allocated under Subsection 5.1 of this Agreement shall not be used
by Contractor to supplement, offset, replace, decrease, or release any budgetary
obligations for other municipal departments not directly connected to this
Agreement.
5.2 Northeast Wisconsin Hazardous Materials Taskforce Response Costs and
Reimbursement:
5.2.1 Pursuant to Wis. Stat. § 323.70(3) of the Wisconsin Statutes and as set forth in this
Section 5.2.1, Contractor shall be reimbursed for reasonable and necessary
response costs and expenses incurred in responding to an emergency involving a
Level A release or potential Level A release pursuant to this Agreement.
Taskforce response costs may include, but are not limited to:
(1) Reimbursement for use of Vehicle(s) and Apparatus: Contractor shall be
reimbursed for the approved use of its vehicles and equipment at FEMA-
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established rates.
(2) Personnel Expenses: Contractor's team response personnel expenses
which are approved and authorized under this Agreement are reimbursable
at the rates described as follows:
a) For full-time fire departments, at the actual cost of personnel
expenses.
b) For part-time and volunteer fire departments or team personnel, at
the average over-time hourly rates for the three geographically
nearest full-time fire departments.
Team response personnel expenses shall be billed to the nearest one-fourth
(1/4) hour work period. Personnel expenses may reflect replacement
personnel costs and indirect charges/costs for wage, fringe, death, and duty
disability retirement benefits.
(3) Emergency Expenses: Contractor's necessary and reasonable
emergency expenses related to services rendered under this Agreement are
reimbursable. All such expenses must be based on actual expenditures and
fully documented by the Contractor. The Division reserves the right to deny
any reimbursement of unjustifiable Contractor expenditures.
5.2.2 If the Division determines that an emergency requiring a response per this
Agreement existed, the Division will issue reimbursement for response costs to
Contractor within 60 days after receiving a complete application for reimbursement
from Contractor on a form prescribed by the Division, but only if the completed
application is received by the Division within 45 days after the conclusion of
deployment for a response under this Agreement.
5.3 Training Costs: In addition to the Annual Allocation, funding may be available to
Contractor through the Division’s training and equipment grants. Applications shall
be made via “E-Grants” and will be available to Contractor based upon established
criteria. The Division makes no representations that funding will be available to any
or all parties.
5.4 Duty Disability Premium Increases: The Division shall reimburse Contractor for
costs incurred by Contractor for any increase in contributions for duty disability
premiums as set forth in Wis. Stat. § 323.70(3m) for employees who received duty
disability benefits because of an injury incurred while performing duties as a
member of the Northeast Wisconsin Hazardous Materials Taskforce while engaging
in a response to a Level A emergency under this Agreement.
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5.5 Standard Equipment Purchases and Cache: The Division intends to standardize
equipment purchases for the Wisconsin Hazardous Materials Response System.
Contractor shall provide the Division with a current listing of its equipment assets
including the manufacturer, date of purchase, and calibration requirements. The
Division will develop a standardized equipment list including vendor information.
Contractor may make equipment purchase requests to the Division by submitting
an “E-Grants” request with supporting documentation. The Division makes no
representations that funding will be available to all parties.
The Division intends to develop and maintain an equipment cache. When
developed, Contractor may borrow specific equipment from the equipment cache in
the event of an equipment failure requiring repair of Contractor’s equipment.
5.6 Minimum Appropriation: The Division has requested in its State Fiscal Years
2025-2027 budget a sum to cover the annual allocation for those fiscal years as
described in "Exhibit B" to this Agreement. If at least that amount is appropriated,
then that amount shall be the minimum amount payable annually to response
teams, with any additional amounts that might be appropriated payable pro rata to
the response teams as part of the annual allocation. The minimum contract annual
allocation does not, however, include Contractor's response costs as specified in
Subsection 5.2 of this Agreement.
5.7 Full Payment and Release: The Division's reimbursement(s) shall be full payment
for work performed or services rendered and for all labor, materials, supplies,
equipment, and incidentals necessary to complete the work authorized under this
Agreement. Acceptance of payment by the Contractor shall operate as a release of
the Division of all claims by Contractor for reimbursement of its response costs.
5.8 Approval: Contractor, when acting under this Agreement, may not participate in an
emergency response to a Level A release without following the Division-approved
"Call Out Procedure.” Contractor agrees to make reasonable and good faith efforts
to minimize costs.
5.9 Retirement System Status and Tax Payments: Contractor and its employees are
not entitled under this Agreement to Division contribution to any retirement benefit
or other benefit offered by Contractor or the State. Contractor shall be responsible
for payment/withholding of any applicable federal, Social Security and State taxes.
5.10 Worker's Compensation: A member of the Northeast Wisconsin Hazardous
Materials Taskforce who is acting under the scope of this Agreement is an
employee of the State for purposes of worker's compensation under § 323.70(5) of
the Wisconsin Statutes. For all other purposes, the member remains Contractor’s
employee.
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5.11 Payment of Contractor's Obligations: Contractor agrees to make payment
promptly, as just, due, and payable to all persons furnishing services, equipment or
supplies to Contractor. If Contractor fails, neglects, or refuses to pay any such
claims as they become due and for which the Division may be held liable, the
proper officer(s) representing the Division, after ascertaining that the claims are
just, due and payable, may, but shall not be required to, pay the claim and charge
the amount of the payment against funds due to Contractor under this Agreement.
The payment of claims in this manner shall not relieve Contractor of any duty with
respect to any unpaid claims.
5.12 Dual Payment: Contractor shall not be compensated for work performed under this
Agreement by any state agency or person(s) responsible for causing a hazardous
materials emergency except as approved and authorized under this Agreement.
5.13 Taskforce Members: Members of the Northeast Wisconsin Hazardous Materials
Taskforce are firefighters and therefore are considered protective occupation
employees.
6.0 Liability and Indemnity
Nothing contained in this Agreement is intended to limit any immunities and rights
of any party available under Wis. Stat. §§ 345.05, 893.80, 893.82 and 895.46 or
any other constitutional or statutory provision or common law. Such immunities and
rights are expressly reserved to the parties.
6.1 Scope: During operations authorized by this Agreement, Contractor employees
who are part of Contractor’s emergency management program shall be agents of
the State and protected and defended against tort liability under Wis. Stat. §
323.41. For purposes of Wis. Stat. § 895.46(1), members of the Northeast
Wisconsin Hazardous Materials Taskforce shall, during authorized operations, be
considered agents of the State and the State will indemnify such employees as
required under Wis. Stat. § 895.46(1). For purposes of this section, operations
means activities, including travel, directly related to a particular emergency
response involving a hazardous material response/incident by a hazardous
materials response system team. Operations also include specialized training
activities provided under this Agreement to the members of a hazardous materials
response system team.
6.2 Civil liability exemption; hazardous material and local emergency response
team: Under Wis. Stat. § 895.483(1), a Hazardous Materials Taskforce, a member
of such a Taskforce, and a local agency, as defined in Wis. Stat. § 323.70(1)(b),
that contracts with the Division under Wis. Stat. § 323.70 are immune from civil
liability for acts or omissions related to carrying out responsibilities under this
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Agreement.
7.0 Insurance Provisions
7.1 General Liability Insurance: Contractor shall maintain, at its own expense, and
keep in effect during the term of this Agreement, commercial liability, bodily injury
and property damage insurance against any claim(s) which might occur in carrying
out this Agreement. Minimum coverage is one million ($1,000,000) liability for bodily
injury and property damage including products liability and completed operations.
The State reserves the right to require higher or lower limits where warranted.
If Contractor is self-insured or uninsured, a Certificate of Protection in Lieu of an
Insurance Policy shall be submitted to the Division certifying that Contractor is
protected by a Self-Funded Liability and Property Program or alternative funding
source(s), attached hereto as "Exhibit D".
7.2 Automobile Liability: Contractor shall obtain and keep in effect automobile liability
insurance for all owned, non-owned and hired vehicles that are used in carrying out
this Agreement. This coverage may be written in combination with the commercial
liability and property damage insurance mentioned in Subsection 7.1. Minimum
coverage shall be one million ($1,000.000) per occurrence combined single limit for
automobile liability and property damage. The State reserves the right to require
higher or lower limits where warranted.
If Contractor is self-insured or uninsured, a Certificate of Protection in Lieu of an
Insurance Policy shall be submitted to the Division certifying that Contractor is
protected by a Self-Funded Liability and Property Program, or alternative funding
source(s) attached hereto as "Exhibit D".
7.3 Notice of Cancellation or Change: Contractor agrees that there shall be no
cancellation, material change, exhaustion of aggregate limits or intent not to renew
insurance coverage without 30 days’ written notice to the Division.
7.4 Certificate(s) of Insurance: As evidence of the insurance coverage required by
this Agreement, Contractor shall provide to the Wisconsin Department of Military
Affairs’ General Counsel an insurance certificate indicating this coverage,
countersigned by an insurer licensed to do business in Wisconsin, covering the
period of the Agreement or, if self-insured or uninsured, a Certificate of Protection in
Lieu of Insurance Policy prior to commencement of this Agreement and annually
thereafter.
8.0 Standard Contract Terms, Conditions and Requirements
8.1 Disclosure of Independence and Relationship: Contractor certifies that no
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relationship exists between its membership in the Hazardous Materials Response
System, the State, or the Division that interferes with fair competition or is a conflict
of interest, and no relationship exists between the Contractor and its employees
and another person or organization that constitutes a conflict of interest with respect
to a state contract.
Contractor agrees as part of this Agreement that, during performance of this
Agreement, it will neither provide contractual services nor enter into any agreement
to provide services to a person or organization that is regulated or funded by the
Wisconsin Department of Military Affairs or has interests that are adverse to the
Department.
The Department of Administration may waive the provisions of the previous two
paragraphs, in writing, if those activities of the Contractor will not be adverse to the
interests of the State.
8.2 Dual Employment: Section 16.417 of the Wisconsin Statutes prohibits an
individual who is a state employee or who is retained as a consultant full-time by a
state agency from being retained as a consultant by the same or another agency
where the individual receives more than $12,000 as compensation. This prohibition
applies only to individuals and does not include corporations or partnerships.
8.3 Employment: Contractor will not engage the service of any person or persons now
employed by the State, including any department, commission, or board thereof, to
provide services relating to this Agreement without the written consent of the
employer of such person or persons and the Department of Military Affairs and the
Division.
8.4 Conflict of interest: Private and non-profit corporations are bound by Wis. Stat. §§
180.0831 and 181.0831 regarding conflicts of interest by directors in the conduct of
state contracts.
8.5 Recordkeeping and Record Retention: The Contractor shall establish and
maintain adequate records of all expenditures incurred under the Agreement. All
records must be kept in accordance with generally accepted accounting principles
and be consistent with federal and state laws and local ordinances. The Division,
the federal government, and their duly authorized representatives shall have the
right to audit, review, examine, copy and transcribe any pertinent records or
documents relating to any contract resulting from this Agreement held by
Contractor. The Contractor shall retain all documents applicable to the Agreement
for a period of not less than six (6) years after the final payment is made or longer
where required by law.
8.6 Taskforce Member Removal: If an individual Northeast Hazardous Materials
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Taskforce member is substantiated to have been negligent or unresponsive with
respect to the requirements under this Agreement, the Division, after consultation
with Contractor and Contractor's Fire Commission/Board, may recommend the
removal of this member from the Taskforce. A request by the Division to dismiss a
Taskforce member shall not constitute an order to discipline or discharge the
employee. All actions taken by the Contractor and/or fire department management
with regard to employee discipline shall be at the sole discretion of the Contractor
and/or fire department management.
8.7 Hold Harmless: Contractor will indemnify, defend against, and hold harmless the
Division of Emergency Management, the Department of Military Affairs, and the
State of Wisconsin for any claims arising from any disputes any Local Agency may
have with its employees. This shall include, but not be limited to, charges of
discrimination, harassment, and discharge without just cause.
8.8 Termination of Agreement:
Contractor may terminate this Agreement at will by delivering ninety (90) days’
written notice to the Division of intent to terminate, during which 90-day period
Contractor must continue to provide services under the Agreement. If the
Agreement terminates at the end of a quarter based on Contractor’s 90-day notice
of termination, Contractor will be paid its quarterly payment from the Annual
Allocation, but no further Annual Allocation payments will be made. If the
Agreement terminates during a quarter based on Contractor’s 90-day notice of
termination, Contractor will be paid a prorated amount of its Annual Allocation for
that quarter, but no further Annual Allocation payments will be made.
The Division may terminate this Agreement at will effective upon delivery of written
notice to the Contractor, under any of the following conditions:
(1) Division funding from federal, state, or other sources is not obtained
and/or continued at levels sufficient to allow for payments under this
Agreement.
(2) Federal or state laws, rules, regulations, or guidelines are modified,
changed, or interpreted in such a way that the services are no longer
allowable or appropriate for purchase under this Agreement or are no
longer eligible for the funding proposed for payments by this
Agreement.
(3) Any license or certification required by law or regulation to be held by
the Contractor to provide the services required by this Agreement is
for any reason denied, revoked, or not renewed.
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(4) Failure of Contractor to comply with the terms, conditions, and
specifications of the Agreement.
Any termination of the Agreement shall be without prejudice to any obligations or
liabilities of either party already accrued prior to such termination, except as
provided elsewhere in the Agreement.
8.9 Cancellation: The continuation of payments under this Agreement beyond the
limits of the funds already available is contingent upon the future availability of
funds to support such payments. The State of Wisconsin reserves the right to
immediately cancel any contract in whole or in part without penalty due to non-
appropriation of funds. Upon cancellation, response costs and expenses incurred
up to that date will be reimbursed to the extent of recovery from the Responsible
Party and any appropriated amounts available and a prorated amount of annual
allocations will be made to the extent funds have been appropriated.
8.10 Prime Contractor and Minority Business Subcontractors: In the event
Contractor subcontracts for supplies and/or services, any subcontractor must abide
by all terms and conditions of the Agreement. The Contractor shall be responsible
for performance of services authorized by this Agreement whether or not
subcontractors are used.
Contractor is encouraged to purchase services and supplies when/if applicable
from minority businesses certified by the Wisconsin Department of Development,
Bureau of Minority Business Development.
8.11 Executed Contract to Constitute Entire Agreement: The written Agreement with
referenced Exhibits and attachments shall constitute the entire agreement of the
parties regarding the subject matter of the Agreement and supersedes all prior
discussions, negotiations, and agreements, written or oral, with respect to the
subject matter of this Agreement.
8.12 News Releases: News releases pertaining to the negotiation of this Agreement
shall not be made without the prior approval of the Division.
8.13 Applicable Law: This Agreement shall be governed under the laws of the State of
Wisconsin. The Contractor and State shall at all times comply with and observe all
federal and state laws, rules and regulations and ordinances which are in effect
during the period of this Agreement, and which may in any manner affect
performance of obligations under this Agreement.
8.14 Assignment: No right or duty, in whole or in part, of the Contractor under this
Agreement may be assigned or delegated without the prior written consent of the
State of Wisconsin.
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8.15 Successors in Interest: The provisions of the Agreement shall be binding upon
and shall inure to the benefit of the parties to the Agreement and their respective
successors and assigns.
8.16 Notifications: Contractor shall immediately report by telephone and in writing any
demand, request, or occurrence that reasonably may give rise to a claim against
the State, its officers, Divisions, agents, employees, and members. Such reports
shall be directed to:
ATTN: Administrator
Division of Emergency Management
WI Dept. of Military Affairs
PO Box 7865
Madison, WI 53707-7865
Telephone #: (608) 242-3232
FAX #: (608) 242-3247
Copies of such written reports shall also be sent to:
ATTN: State General Counsel
WI Dept. of Military Affairs
PO Box 8111
Madison, WI 53708-8111
8.17 Severability: If any provision of this Agreement is declared by a court to be illegal
or in conflict with any law, the validity of the remaining terms and provisions shall
not be affected. The rights and obligations of the parties shall be construed and
enforced as if the Agreement did not contain the particular provision held to be
invalid.
8.18 Amendments: The terms of this Agreement shall not be waived, altered, modified,
supplemented, or amended in any manner whatsoever without prior written
approval of Division and Contractor and approval, by passive review or otherwise,
of the Wisconsin Joint Committee on Finance. In the event additional funding is
provided for the four taskforces (Northwest, Northeast, Southwest and Southeast)
as a group, the provisions in this Agreement and the agreements establishing the
three other taskforces regarding payment to contractors shall be modified by written
agreement of the parties to reflect the additional funding consistent with any
legislative directive.
8.19 Approval Authority: Contractor's representatives certify by their signature below
that they have the necessary and lawful authority to enter into contracts and
agreements on behalf of the Contractor.
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8.20 Insufficient Funds: The obligation of the Contractor under this Agreement is
contingent upon the availability and allotment of funds by the Division to Contractor
and Contractor may, upon thirty (30) days prior written notice, terminate this
contract if funds are not available.
8.21 No Waiver: No failure to exercise, and no delay in exercising, any right, power or
remedy, including payment, under this Agreement, on the part of the Division,
State, or Contractor, shall operate as a waiver of it, nor shall any single or partial
exercise of any right, power or remedy preclude any other or further exercise of it or
the exercise of any other right, power or remedy. No express waiver shall affect any
event or default other than the event or default specified in such waiver, and any
such waiver, to be effective, must be in writing and shall be operative only for the
time and to the extent expressly provided by the Division, State, or Contractor, in
the written waiver. A waiver of any covenant, term or condition contained herein
shall not be construed as a waiver of any subsequent breach of the same
covenant, term, or condition.
8.22 Construction of Agreement: This Agreement is intended to be solely between the
parties. No part of the Agreement shall be construed to add, supplement, amend,
abridge, or repeal existing rights, benefits, or privileges of any third party or parties,
including but not limited to employees of either of the parties.
8.23 Disparity: In the event of a discrepancy, difference or disparity in the terms,
conditions or language contained in the Agreement, on the one hand, and its
Exhibits on the other, it is agreed between the parties that the language in Exhibit A
to this Agreement, shall control.
8.24 Amendment to Comply with Law. If any laws are enacted that affect the subject
matter of this Agreement, the Parties agree to amend this Agreement to reflect the
substance of such laws as soon as practicable. Such amendment must first be
submitted to the Joint Finance Committee for passive or actual approval prior to
being fully executed.
8.25 Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed the original, but all of which together shall constitute one and the
same instrument.
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Approving Signatures:
ON BEHALF OF THE DIVISION OF EMERGENCY MANAGEMENT (DIVISION)
Dated this day of _______, 2025.
_____________________________________
Greg Engle, Division Administrator
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On Behalf of the City of Appleton
A Municipal Corporation
Dated this day of ____________, 2025
Signature:_______________________________
Printed Name: Jacob A. Woodford
Title: Mayor
Address: 100 North Appleton Street
City/State: Appleton, WI Zip: 54911
On Behalf of the City of Appleton
Dated this day of ____________, 2025
Signature: ________________________________
Printed Name: Kami Lynch
Title: City Clerk
Address: 100 North Appleton Street
City/State: Appleton, WI Zip: 54911
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On Behalf of the City of Appleton
Dated this day of _____________, 2025
Signature: _______________________
Printed Name: Jeri A. Ohman
Title: Finance Director
Address: 100 North Appleton Street
City/State: Appleton, WI Zip: 54911
Approved as to form:
Dated this day of _____________, 2025
Signature: _______________________
Printed Name: Christopher R. Behrens
Title: City Attorney
Address: 100 North Appleton Street
City/State: Appleton, WI Zip: 54911
On Behalf of the City of Appleton Fire Department
Dated this day of ____________, 2025
Signature: _______________________
Printed Name: Jeremy Hansen
Title: Fire Chief
Address: 700 North Drew Street
City/State: Appleton, WI Zip: 54911
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On Behalf of the City of Oshkosh
A Municipal Corporation
Dated this 13 day of June, 2025
Signature:_______________________
Printed Name: Rebecca Grill
Title: City Manager
Address: 215 Church Avenue
City/State: Oshkosh, WI Zip: 54903
On Behalf of the City of Oshkosh
Dated this 13 day of June, 2025
Signature: _______________________
Printed Name: Diane Bartlett
Title: City Clerk
Address: 215 Church Avenue
City/State: Oshkosh, WI Zip: 54903
Approved as to form:
Dated this 13 day of June, 2025
Signature: _______________________
Printed Name: Lynn Lorenson
Title: City Attorney
Address: 215 Church Avenue
City/State: Oshkosh, WI Zip: 54903
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On Behalf of the City of Green Bay
A Municipal Corporation
Dated this day of _____________, 2025
Signature:_______________________
Printed Name: Eric Genrich
Title: Mayor
Address: 100 North Jefferson Street
City/State: Green Bay, WI Zip: 54301
On Behalf of the City of Green Bay
Dated this day of _____________, 2025
Signature: _______________________
Printed Name: Celestine Jeffreys
Title: City Clerk
Address: 100 North Jefferson Street
City/State: Green Bay, WI Zip: 54301
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On Behalf of the City of Wausau
A Municipal Corporation
Dated this day of ____________, 2025
Signature: _______________________
Printed Name: Katie Rosenberg
Title: Mayor
Address: 407 Grant Street
City/State: Wausau, WI Zip: 54403
On Behalf of the City of Wausau
Dated this day of ____________, 2025
Signature: _______________________
Printed Name: Kaitlyn Bernarde
Title: City Clerk
Address: 407 Grant Street
City/State: Wausau, WI Zip: 54403
On Behalf of the City of Wausau Fire Department
Dated this day of ____________, 2025
Signature: _______________________
Printed Name: Robert Barteck
Title: Fire Chief
Address: 606 East Thomas Street
City/State: Wausau, WI Zip: 54403
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On Behalf of the City of Rhinelander
Dated this day of ____________, 2025
Signature: __________________________
Printed Name: Kris Hanus
Title: Mayor
Address: 135 S Stevens St
City/State: Rhinelander WI 54501
On Behalf of the City of Rhinelander
Dated this day of ____________, 2025
Signature: __________________________
Printed Name: Brian Tonnancour
Title: Fire Chief
Address: 135 S Stevens St
City/State: Rhinelander, Wisconsin 54501
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On Behalf of the City of Rhinelander
Dated this day of ____________, 2025
Signature: __________________________
Printed Name: Scott Holewinski
Title: County Board Chair
Address: PO Box 1245
City/State: Rhinelander WI 54501
Signature: __________________________
Printed Name: Steven Schreier
Title: Public Safety Committee Chair
Address: PO Box 1245
City/State: Rhinelander WI 54501
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On Behalf of the City of Marinette
A Municipal Corporation
Dated this day of _____________, 2025
Signature: ______________________
Printed Name: Steve Genisot
Title: Mayor
Address: 1905 Hall Avenue
City/State: Marinette, WI Zip: 54143
On Behalf of the City of Marinette
Dated this day of _____________, 2025
Signature: ______________________
Printed Name: Lana Bero
Title: City Clerk
Address: 1905 Hall Avenue
City/State: Marinette, WI Zip: 54143
On Behalf of the City of Marinette
Dated this day of _____________, 2025
Signature: ______________________
Printed Name: Jacqueline Miller
Title: City Treasurer and Finance Director
Address: 1905 Hall Avenue
City/State: Marinette, WI Zip: 54143
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On Behalf of the City of Marinette Fire Department
Dated this day of _____________, 2025
Signature: ______________________
Printed Name: Jay Heckel
Title: Fire Chief
Address: 1450 Main Street
City/State: Marinette, WI Zip: 53143
Approved as to form:
Dated this day of _____________, 2025
Signature: ______________________
Printed Name: Robert Gagan
Title: City Attorney
Address: 1905 Hall Avenue
City/State: Marinette, WI Zip: 54143
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On Behalf of Waupaca County
Dated this day of ____________, 2025
Signature: __________________________
Printed Name: Dick Koeppen
Title: County Board Chairperson
Address: 811 Harding Street
City/State: Waupaca, WI Zip: 54981
Dated this day of ____________, 2025
Signature: __________________________
Printed Name: Mark Sether
Title: County Treasurer
Address: 811 Harding Street
City/State: Waupaca, WI Zip: 54981
Approved as to form:
Dated this day of ____________, 2025
Signature: __________________________
Printed Name: Diane Meulemans
Title: Corporation Counsel
Address: 811 Harding Street
City/State: Waupaca, WI Zip: 54981
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On Behalf of the City of Marshfield
A Municipal Corporation
Dated this day of _____________, 2025
Signature: ______________________
Printed Name: Lois TeStrake
Title: Mayor
Address: 207 West 6th Street
City/State: Marshfield, WI Zip: 54449
On Behalf of the City of Marshfield
Dated this day of _____________, 2025
Signature: ______________________
Printed Name: Jessica Schiferl
Title: City Clerk
Address: 207 West 6th Street
City/State: Marshfield, WI Zip: 54449
On Behalf of the City of Marshfield
Dated this day of _____________, 2025
Signature: ______________________
Printed Name: Jennifer Selenske
Title: Finance Director
Address: 207 West 6th Street
City/State: Marshfield, WI Zip: 54449
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On Behalf of the City of Marshfield Fire Department
Dated this day of _____________, 2025
Signature: ______________________
Printed Name: Peter Fletty
Title: Fire Chief
Address: 207 West 6th Street
City/State: Marshfield, WI Zip: 54449
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On Behalf of the City of Wisconsin Rapids
A Municipal Corporation
Dated This_______ day of __________, 2025
Signature_________________________________
Printed Name: Shane Blaser
Title: Mayor
Address: 444 West Grand Avenue
City/State: Wisconsin Rapids, WI Zip: 54495
On behalf of the City of Wisconsin Rapids
Dated this _____ day of ___________, 2025
Signature: _______________________________
Printed Name: Jennifer Gossick
Title: City Clerk
Address: 444 West Grand Avenue
City/State: Wisconsin Rapids WI, Zip: 54495
On behalf of the City of Wisconsin Rapids
Dated this_____ Day of____________, 2025
Signature: _______________________________
Printed Name:
Title: Finance Director
Address: 444 West Grand Avenue
City/State: Wisconsin Rapids, WI Zip: 54495
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On Behalf of the city of Wisconsin Rapids Fire Department
Dated this ______day of____________, 2025
Signature:__________________________
Printed Name: Todd Eckes
Title: Fire Chief
Address: 1511 12th Street South
City/State/ Wisconsin Rapids WI Zip: 54494
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Exhibit A
1.0 GUARANTEED DELIVERY: Failure of the Contractor to adhere to
delivery schedules as specified or to promptly replace rejected materials shall
render the Contractor liable for all costs in excess of the contract price when
alternate procurement is necessary. Excess costs shall include the administrative
costs.
2.0 APPLICABLE LAW AND COMPLIANCE: This contract shall be
governed under the laws of the State of Wisconsin. The contractor shall at all times
comply with and observe all federal and state laws, local laws, ordinances, and
regulations which are in effect during the period of this contract and which in any
manner affect the work or its conduct. The State of Wisconsin reserves the right to
cancel this contract if the contractor fails to follow the requirements of Wis. Stat. §
77.66, and related statutes regarding certification for collection of sales and use tax.
The State of Wisconsin also reserves the right to cancel this contract with any
federally debarred contractor or a contractor that is presently identified on the list of
parties excluded from federal procurement and non-procurement contracts.
3.0 ANTITRUST ASSIGNMENT: The contractor and the State of Wisconsin
recognize that in actual economic practice, overcharges resulting from antitrust
violations are in fact usually borne by the State of Wisconsin (purchaser).
Therefore, the Contractor hereby assigns to the State of Wisconsin any and all
claims for such overcharges as to goods, materials or services purchased in
connection with this contract.
4.0 ASSIGNMENT: No right or duty in whole or in part of the contractor under
this contract may be assigned or delegated without the prior written consent of the
State of Wisconsin.
5.0 NONDISCRIMINATION: In connection with the performance of work
under this contract, the contractor agrees not to discriminate against any employee
or applicant for employment because of age, race, religion, color, handicap, sex,
physical condition, developmental disability as defined in Wis. Stat. §. 51.01(5),
sexual orientation as defined in Wis. Stat. § 111.32(13m) or national origin. This
provision shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. Contractor is exempt from having to file an affirmative
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action plan but must request the exemption within fifteen (15) working days from
the date the Agreement is fully executed.
5. 1 The contractor agrees to post in conspicuous places, available for employees
and applicants for employment, a notice to be provided by the contracting state
agency that sets forth the provisions of the State of Wisconsin's
nondiscrimination law.
5.2 Failure to comply with the conditions of this clause may result in the
contractor's becoming declared an "ineligible" contractor, termination of the
contract, or withholding of payment.
5.3 Pursuant to s. 16.75(10p), Wis. Stats., contractor agrees it is not, and will not
for the duration of the contract, engage in a prohibited boycott of the State of
Israel as defined in s. 20.931(1)(b). State agencies and authorities may not
execute a contract and reserve the right to terminate an existing contract with a
company that is not compliant with this provision. This provision applies to
contracts valued $100,000 or over.
5.4 Pursuant to 2019 Wisconsin Executive Order 1, contractor agrees it will hire
only on the basis of merit and will not discriminate against any persons
performing a contract, subcontract or grant because of military or veteran
status, gender identity or expression, marital or familial status, genetic
information or political affiliation.
6.0 CANCELLATION: The State of Wisconsin reserves the right to cancel any
contract in whole or in part without penalty due to non-appropriation of funds or for
failure of the contractor to comply with terms, conditions, and specifica tions of this
contract.
7.0 VENDOR TAX DELINQUENCY: Vendors who have a delinquent
Wisconsin tax liability may have their payments offset by the State of Wisconsin.
8.0 PUBLIC RECORDS ACCESS: Pursuant to Wis. Stat. §19.36 (3), all records
of the contractor that are produced or collected under this contract are subject to
disclosure pursuant to a public records request. Upon receipt of notice from the
State of Wisconsin of a public records request for records produced or collected
under this contract, the contractor shall promptly provide the requested records to
the contracting agency. Contractor agrees to contact the State promptly upon
receiving a request for information under the public records law and comply with
the State’s instructions on how to respond to the request. The contractor, following
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final payment, shall retain all records produced or collected under this contract for
six (6) years.
9.0 DISCLOSURE: If a state public official (Wis. Stat.§ 19.42), a member of a
state public official's immediate family, or any organization in which a state public
official or a member of the official's immediate family owns or controls a ten
percent (10%) interest, is a party to this agreement, and if this agreement involves
payment of more than three thousand dollars ($3,000) within a twelve (12) month
period, this contract is voidable by the state unless appropriate disclosure is made
according to Wis. Stat.§ 19.45(6), before signing the contract. Disclosure must be
made to the State of Wisconsin Ethics Board, 44 East Mifflin Street, Suite 601,
Madison, Wisconsin 53703 (Telephone 608-266-8123).
State classified and former employees and certain University of Wisconsin
faculty/staff are subject to separate disclosure requirements, Wis. Stat.§ 16.417.
10.0 PROMOTIONAL ADVERTISING / NEWS RELEASES: Reference to or
use of the State of Wisconsin, any of its departments, agencies or other subunits, or
any state official or employee for commercial promotion is prohibited. News
releases pertaining to this procurement shall not be made without prior approval of
the State of Wisconsin. Release of broadcast e-mails pertaining to this procurement
shall not be made without prior written authorization of the contracting agency.
11.0 FORCE MAJEURE: Neither party shall be in default by reason of any
failure in performance of this Agreement in accordance with reasonable control and
without fault or negligence on their part. Such causes may include, but are not
restricted to, acts of nature or the public enemy, acts of the government in either its
sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions,
strikes, freight embargoes and unusually severe weather, but in every case the
failure to perform such must be beyond the reasonable control and without the fault
or negligence of the party.
12.0 VENDOR TAX DELINQUENCY: Vendors who have a delinquent
Wisconsin tax liability may have their payments offset by the State of Wisconsin.
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Exhibit B
NORTHEAST WISCONSIN
HAZARDOUS MATERIALS
TASKFORCE
WISCONSIN HAZARDOUS
MATERIALS RESPONSE SYSTEM
BUDGET
CONTRACTORS:
CITIES OF APPLETON, OSHKOSH, AND GREEN BAY, WISCONSIN
CITY OF WAUSAU AND CITY OF RHINELANDER, WISCONSIN
CITY OF MARINETTE, WISCONSIN
WAUPACA COUNTY, WISCONSIN
CITIES OF MARSHFIELD AND WISCONSIN RAPIDS, WISCONSIN
NOTE: CHECKS WILL BE MADE PAYABLE TO EACH CONTRACTOR NOTED
ABOVE ON A QUARTERLY BASIS AS SPECIFIED IN THE AGREEMENT.
TEAM NAME TEAM
TYPE
BUDGET 7/01/25- 6/30/26
BUDGET 7/01/26- 6/30/27
CITIES OF APPLETON,
OSHKOSH, AND GREEN
BAY
TYPE II $135,226.27 $135,226.27
CITY OF WAUSAU AND
CITY OF RHINELANDER
TYPE II $104,347.74 $104,347.74
CITY OF MARINETTE TYPE III $16,625.27 $16,625.27
WAUPACA COUNTY TYPE III $16,625.27 $16,625.27
CITIES OF MARSHFIELD
AND WISCONSIN RAPIDS
TYPE III $16,625.27 $16,625.27
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Exhibit C
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Exhibit D
MUNICIPAL CERTIFICATES OF INSURANCE
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