HomeMy WebLinkAbout2026 HAZMAT contractINTER-AGENCY AGREEMENT
BETWEEN WINNEBAGO COUNTY AND CITY OF OSHKOSH
FOR TYPE II HAZARDOUS MATERIAL (HAZMAT) RESPONSE SERVICES
January 1, 2026 – December 31, 2026
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 II 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 promises 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. 960(14)
or those substances designated by the administrator of the U.S. Environmental
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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 HAZMAT RESPONSE TEAM:
The Fire Chief or his designee shall supervise and direct operations of the City
Response Team.
II. PURPOSE OF AGREEMENT
2.01 It is the intended purpose of the parties to this agreement to implement 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.
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IV. TERM
4.01 The term of this agreement shall commence on the 1st day of January, 2026
and shall terminate as of the end of the day on the 31st day of December, 2026.
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 provide liability protection for its officers, employees and
agents while acting within scope of their employment. Subject to any limitations
contained in Sec. 893.80 and any similar statute, of the Wisconsin Statutes, City
further agrees to hold the County harmless from any and all liability, including
claims, demands, losses, costs, damages, and expenses of every kind and
description (including death), or damages to person or property arising out of or in
connection with our occurring during the course of this agreement where such
liability is founded upon or grows out of the acts or omission of any of the
officers, employees or agents of City while acting within the scope of their
employment.
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
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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.
6.03 City and County intend by this indemnification, that each party will be
responsible for the acts and omissions of its own officers, employees, agents,
contractors, subcontractor and invitees to the extent not caused by, aggravated by,
or enhanced by the other party’s officers, employees’ agents, contractors,
subcontractors, and invitees.
6.04 Further, it is the intention of the parties to this Agreement that each party
shall be entitled to rely upon the municipal limitations and the immunities
available under the Wisconsin law, including but not limited to section 345.05,
and 893.83 of the Wisconsin Statutes and that such damage limits, caps and
immunities shall be used to govern all disputes, contractual or otherwise, as they
apply to the parties, their agents, officers and employees.
VII. DISCRIMINATION
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.
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VIII. 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
CITY OF OSHKOSH (“CITY”) WINNEBAGO COUNTY (“COUNTY”)
By: ___________________________ By: __________________________
Rebecca Grill, City Manager Gordon Hintz, County Executive
By: __________________________
Drafted by: Mary Anne Mueller
Corporation Counsel for Winnebago County
Redrafted 09/15/2025
Amended Signature Lines 09/15/2025
By: __________________________
Darla Salinas, City Clerk Julie Barthels, County Clerk
By: __________________________
David Praska, City Attorney
By: __________________________
Tim Heiman, City Fire Chief
__23__day of _September, 2025.
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