The URL can be used to link to this page

Home My WebLink AboutGreen Lake Cty/HAZMAT 2014 CITY OF OSHKOSH LEGAL DEPARTMENT 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920) 236-5115 FAX (920)236-5106 LETTER OF TRANSMITTAL To: Green Lake County Date: December 19, 2014 571 County Road A Pro�ect: N/A Green Lake, WI 54941 From: Carol Marchant, Adm. Assistant Re: HAZMAT Response Services Attn: Gary Podoll Please find: � Attached ❑ Under Separate Cover ❑ Copy of Letter � Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantit Descri tion 1 Full executed Inter-A enc A reement between Green Lake Count and Cit of Oshkosh for T e III Hazardous Material (HAZMAT) Res onse Services from Janua 1, 2015 — December 31, 2015 These are being transmitted as indicated below: ❑ For Approval � For Your Use ❑ As Requested ❑ For Review 8�Comment Remarks: cc: City Clerk (original) Fire Department (copy) City Attorney (copy) INTER-AGENCY AGREEMENT BETWEEN GREEN LAKE COUNTY AND CITY OF OSHKOSH FOR TYPE III HAZARDOUS MATERIAL (HAZMAT) RESPONSE SERVICES JANUARY 1, 2015—DECEMBER 31,2015 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 Statutes, as to general Emergency Response requirements and pursuant to Section 323.15; relating to the powers and authority of Emergency Management. WHEREAS, Green Lake County, a municipal corporation, whose address is 571 County Road A, Green Lake, Wisconsin 54941 (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 Green Lake County Emergency Management Directar, 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 COLJNTY and CITY do agree as follows: 1 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, flauimable liquids or substances. 1.02 SUBSTANCE RELEASE: "Substance Release" is defined as the release ar 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 Green Lake 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 Green 2 Lake County. Such services shall be limited to an initial emergency response to hazardous substance release. III. EMERGENCY RESPONSE FUNDING 3.01 Green Lake County will provide access to and assist the City of Oshkosh Fire Department in receiving funding for equipment through the Wisconsin Emergency Management EPCRA grant program. The funds requested and received may vary annually and are subject to the limitations of the WEM EPCRA grant program. Funding by Green Lake County to City pursuant to this agreement shall be $3,600.00 per year. IV. TERM 4.01 The term of this agreement shall commence on the l st day of January, 2015 and shall terminate as of the end of the day on the 31St day of December, 2015. 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 ar before October 31 of any calendar year when this agreement is in effect. V. FAILURE TO APPROPRIATE FUNDS 5.01 The failure of Green Lake County Board of Supervisors to appropriate sufficient funds in any year covered by this agreement shall be cause for automatic termination of this agreement. 3 VI. HOLD HARMLESS AND INDEMNIFICATION 6.01 CITY agrees to provide liability protection for its officers, employees and agents while acting within the 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 COLTNTY 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 ar in connection with or occurring during the course of this agreement where such liability is founded upon or grows out of the acts ar omission of any of the officers, employees or agents of CITY while acting within the scope of their employment. 6.02 COLJNTY agrees to provide liability protection far its officers, employees and agents while acting within the scope of their employment. Subject to any limitations contained in Sec. 893.80 and any similar statute, of the Wisconsin Statutes, COUNTY further agrees to hold the CITY 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 or 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 COLJNTY while acting within the scope of their employment. 6.03 CITY and COLTNTY 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 4 by, or enhanced by the other party's officers, employees, agents, contractors, subcontractor, and invitees. 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. 5 . � .• IN WITNESS WHEREOF, the CITY and the COLJNTY have executed this agreement on the �`7 fhday of �eeernb�e�^ , 2015. CITY OF OSHKOSH ("CITY") GREEN LAKE COUNTY ("COUNTY") By: �--- �«�-�- By; ,�r ��„ Ma k A. Rohloff, City Manager Gary Podoll, Emergency Management Director By: By: a�,, ' , 'ty Cler rt Mar • Bostelmann, County Clerk � � �� .� By: � Lynn . orenson, i y A orney 6