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HomeMy WebLinkAboutwinnebago cty hazmat response services 1/1/09-12/31/09INTER - AGENCY AGREEMENT BETWEEN WINNEBAGO COUNTY AND CITY OF OSHKOSH FOR LEVEL "B" HAZARDOUS MATERIAL ( HAZMAT) RESPONSE SERVICES January 1, 2009- December 31, 2009 THIS AGREEMENT is entered into pursuant to the authority provided by Section 66.30, Wisconsin Statutes, as to inter- governmental cooperative agreements; pursuant to Section 166.20, Wisconsin Statues, as to general Emergency Response requirements and pursuant to Section 166.03, relating to the powers and authority of Emergency Management. WHEREAS, Winnebago County, a municipal corporation, whose address is 415 Jackson Street, 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 Level "B" 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. 0*, HEREFORE, 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 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 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 $16,000.00 per year. IV. TERM 4.01 The term of this agreement shall commence on the lst day of January, 2009 and shall terminate as of the end of the day on the 31st day of December, 2009. 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 party to the opposite party 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 party to the opposite party 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 HARI-11E 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. 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. 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 f � day of December, 2008. Drafted by: John A. Bodnar Corporation Counsel for Winnebago County Redrafted 1/2/98 HZMTCNTR