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HomeMy WebLinkAboutwinnebago cty emergency pick up storm damaged contents/16/2006 MON 15:27 FAX 920 303 3175 WINNEBAGO CO EX X1003/007 AGREEMENT FOR EMERGENCY PICK UP AND DISPOSAL OF STORM DAMAGED HOUSEHOLD CONTENTS, CONSTRUCTION AND DEMOLITION DEBRIS' AND APPLIANCES This AGREEMENT for EMERGENCY DISPOSAL OF STORM DAMAGED HOUSEHOLD CONTENTS, CONSTRUCTION AJ D DEMOLITION DEBRIS AND APPLIANCES is made and entered into this 16'Pt day of June, 2008, by and between WINNEBAGO COUNTY, and those towns, villages, and cities choosing to participate in this agreement and identified by their signatures to this agreement, (collectively referred to as the "COMMUNITIES "). WHEREAS, Section 66.0301 of the Wisconsin Statutes allows Wisconsin municipalities to cooperate in the provision of services and the joint exercise of any power or duty required or authorized by law; and WHEREAS, Chapter 166 of the Wisconsin Statutes governing Emergency Management authorizes counties, towns and municipalities to cooperate to furnish services, combine offices and finance emergency management services; and WHEREAS, under Section 166.03(5xd) of the Wisconsin Statutes, during the continuance of a state of emergency proclaimed by the governor, the head of emergency services in each county, town and municipality, on behalf of his or her respective county, town or municipality is authorized to contract with any person to provide equipment and services on .a cost basis to be used in disaster relief; and WHEREAS, Winnebago County and the Communities within Winnebago County have been included in a Declaration of Emergency issued by the Governor on the Eighth day of June, 2006; and WHEREAS, it is necessary to remove large amounts of storm damaged household contents, construction and demolition debris, white goods (appliances) and household hazardous materials from areas within Winnebago County, including areas in the Communities: and WHEREAS, it is more cost effective and expedient to jointly bid and manage this removal process; and . WHEREAS, Winnebago County lsWIling and able to coordinate such services for itself and the Communities. NOW, THEREFORE, for and in consideration of the mutual agreements herein contained and other good and valuable consideration, WINNEBAGO COUNTY and COMMUNITIES agree as follows: 1. DESCRIPTION OF SERVICES: WINNEBAGO COUNTY shall provide emergency removal of storm damaged household items, construction and demolition debris, appliances, and household hazardous materials in the COUNTY and the 1 D [ �N0W1E .)UN 1 8 2008 i � U CITY CLERK'S OF 1CIE 06/16/2008 MON 15:28 FAX 920 303 3175 WINNEBAGO CO EM �, 004/007 COMMUNITIES. For purposes of this agreement, "emergency removal of storm damaged household contents, construction and demolition debris and appliances " shall be defined as provided in the attached Proposal for Emergency Pick -up and Disposal of Storm Damaged Household Contents, Construction and Demolition Debris and White Goods (Appliances) and the Proposal for Disposal of Household Hazardous Materials which is necessary in response to the storms that occurred within Winnebago County and the Communities for items damaged as a result of storms during the period beginning Saturday, June 7, 2008 and continuing until the end of the incident period as determined by FEMA or by Winnebago County, but shall specifically exclude any non -storm related garbage, refuse or debris collection. 2. TERM: The term of this agreement shall be the .end of the incident period as determined by FEMA or by Winnebago County, unless terminated earlierfor an individual Community as provided by Paragraph 5 of this agreement. 3. RESPONSIBILITIES OF WINNEBAGO COUNTY a. Winnebago County shall bid and administer the contract for Emergency Pickup and-will bill each of the communities for the services applicable to that community. b. If Winnebago County and the Communities are not included within a Federal Declaration of Disaster, then the County will bill each of the communities for only that portion of the costs attributable to that Community. If Winnebago County and the Communities are included within a Federal Declaration of Disaster, then the County will bill each of the communities for only that portion of the costs attributable to that Community that are not reimbursed by the Federal Government (12 Y2%). c. Winnebago County shall provide services related to tracking and monitoring debris brought to the Winnebago County landfill without charge to the communities. 4. HOLD HARMLESS CLAUSE: The parties each shall indemnify and hold the other parties hereto harmless from all liabilities, judgments, costs, damages and expenses, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation which may be asserted against, be charged to, or recovered by reason of or on account of damage to the property of any person; injury to or death of any person; misrepresentation; violation of any law, regulation, requirement or demand of any governmental authority; or any breach of any contractual provision of whatever kind with any third party, arising from that party's performance of its duties under this agreement. It is the intention of the parties that each party shall be solely responsible for its own acts, actions and activities under this Agreement. 5. TERMINATION: This agreement shall terminate: a. automatically upon payment of invoices from the Communities, except for the provisions of Paragraph 4 of this agreement and those other clauses which by their nature are intended to continue beyond the date of termination. 2 06/16/2008 MON 15;28 FAX 920 303 3175 WINNEBAGO CO EM �-j005 /007 b. Upon the Request of the Communities. If a Community shall request termination of services, the Community shall be billed and timely pay invoices for services actually rendered under this agreement. Notice of termination shall be in writing and be delivered to the Winnebago County Emergency Management Office at least two (2) business days prior to the date of termination. 6. AMENDMENTS, FULL TEXT OF AGREEMENT: All agreements and understandings have been embodied in this Agreement and no changes will be made. herein except in writing and duly signed by the authorized representatives of the respective parties. 7_ RESPONSIBILITIES OF COMMUNITIES. Each Community signing on to this Agreement shall cooperate to negotiate the scope of services requested with Winnebago County and shall pay all invoices submitted within 30 days of invoice from Winnebago County. IN WITNESS WHEREOF, the parties have executed this agreement on the date of signature. Dated this 16A da y of June, 2008, WINNEBAGO COUNTY W41a Mark Harris, County Executive 3 06/16/2008 MON 15;28 FAX 920 303 3175 WINNEBAGO CO EM Dated this day of June, 2008. CITY OF OSHKOSH APPROVED AS TO 006/007 Lorensorl, Cit Attorney e, Fin *e Director, srsT r 06/16/2008 MON,15; 28 FAX 920 303 3175 WINNEBAGO CO EM 21007/007 06/16/20.08 MON 15;27 FAX 920 303 3175 WINNEBAGO CO EM WINNEBAGO COUNTY „vFf EMERGENCY MANAGEMENT FAX - 920- 303 -3173 FAX �1 001 /007 Date: June 16, 2008 Time: 12:21 PM To: City of Oshkosh- Clerk From: Sue Verwey Fax: 920- 236 -5039 Number of Pages: 6 Re: Agreement for Emergency Pick up and Disposal 4311 JACKSON STREET OSHKOSH, WI 54901 920- 236 -7460 06/16/2008 MON 15:27 FAX 920 303 3175 WINNEBAGO CO EM 2002/007 LINDA KOLLMANN ' 7 4311 JACKSON STREET Director OSHKOSII, wiSCONSIN 54901 ; :[[.Ild1411n , OFFICE (920) 236 -7463 FAX (920) 303 -3175 E -MAIL lkollmannC),cn.winoebago.wi.us Winnebago County 16 June zoos Office of Emergency Management The Wave of the Future Dear Municipal Official As you are all aware, there has been very serious flooding in Winnebago County. We appreciate the time that you have taken to help us with gathering information so that we can work together to help those affected. FEMA is here today looking at damages to homes and businesses for Individual Assistance (IA) programs and we are also continuing work on gathering updated information for the aid to government (Public Assistance - PA) programs. Over the weekend, many of you got calls from this office. We need you to continue sending in Uniform Disaster Situation Reports (UDSR) that focus on getting good, solid numbers from your municipality for expenses and losses to government. Examples include. • Time for public works, police, fire, water /sewer, parks and other government staff working on the disaster. There are specific rules regarding reimbursable expenses so if you have a question about'how to do the work, please make sure to call so we can offer you guidance on how to maximize your reimbursement potential. • Emergency contracts (electricians, equipment, engineers, etc.) must be billed separately from any other, non - disaster work that is being done by the contractor.. Also, if the work is going to be long -term or a permanent repair that will be done in the future (i.e., non - emergency work), please also give us a call for advice on how to structure hired work to maximize your reimbursement potential. • Equipment (specify kind and type), date /hours worked and disaster work done. • Expendable supplies (fuel, food, etc.) for work that supported the disaster. • Damage to infrastructure (bridges, roads, sidewalks, sanitary sewer, water treatment, storm sewer, culverts) government buildings (fire /police stations, libraries, town halls) and park and recreational areas (snowmobile /ATV trails; piers /docks; park equipment, mulch, sand, etc.) • Debris removal Also during the weekend, we discussed the offer that is attached to this fax. As you can see, the county Is offering to help the municipalities by creating an 'umbrella' under which the administration costs of debris removal are covered by the county and that we ensure all competitive, environmental and other rules /regulations by FEMA are accounted for in our procedures. Other fees (generally, the same fees that you would normally pay for tipping, etc.) would be billed.based on whether we got the PA declaration or not (100% if we do not, 12.5% if we do). If you do not need or enact the provisions in the agreement, there is no cost to you and you can leave the agreement with 2 dayswritten notice. PLEASE read the agreement - all of the particulars are in there and are more detailed (and therefore supersede) what is written in this cover letter If your municipality chooses to sign -on, please sign the sign -in page (who has to sign is based on your , A, local ordinances) and fax it back ASAP to the Winnebago County Emergency Management Office at 920- 303 -3175. 8�—� Also, we are interested in getting any ideas for mitigation that you have. If you have an area that is liable to get damage in the future and /or has been damaged in the past, it may be eligible for mitigation measures (with the assistance: of state and federal dollars) to make it more disaster resistant as part of the hoped -for disaster declaration. The important part of this is to not make any permanent repairs right now and to call us ASAP so we can discuss ideas. Potential projects might include erosion control measures, culvert re- sizing, road work, etc. It is important to remember that we do not have any disaster declaration at this point. If we get help, we are likely to get help to individuals /business first. PA will be a separate damage assessment (planned for late this week or more likely, next week). If we get that declaration, then project workers will come to review your work, your paperwork, etc. and to begin to make grants available. Even though we do not have a declaration yet, you must follow FEMA rules now if you want the potential future project to be eligible for aid if we get the declaration. Please feel free to call us if you have any questions at 920- 236 -7460. Thank you.