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Home My WebLink About31778 / 82-15i� March 18, 1982 i/ �5 RESOLUTION (CARRIED LOST LAID OUER WITHDRAWN ) PURPOSE: AGREEMENT BETWEEN STATE OF WIS WNSIN, DEPARTMENT OF NATURAL RESOURCES; DEPARTMENT OF ADMINISTRATION, DIVISION OF EMER- GENCY GOVERNMENT AND THE CITY OF OSHKOSH, CITY OF OSHKOSH FIRE DEPARTMENT INTTIATED BY: OSHKOSH FIRE DEPARTMENT BE IT RESOLVED by the Common Council of the City of 4shkosh that the proper City officials are hereby authorized and directed to enter into the attached agreement with the State of Wisconsin, Department of Natural Resources and Department of Admin- istration, Division of Emergency Government for the purpose of clarifying the pro- cedures to be following in responding to hazardous substances spills, releases or dis- charges regarding the Oshkosh Fire Department. S�*BLILTT6� BY APP4DF�"I` ,� �/_`-w`� - 15 - , � � � MEMORANDUM OF UNDERSTANDING -�-js�, This Memorandum of Understanding is entered into by the State of Wisconsin, Department of Natural Resources (hereinafter called the Department), the State of Wisconsin Department of Administration, Division of Emergency Government (herein- after called the Division) and the City of Oshkosh, City of Oshkosh Fire Department for the purpose of clarifying the procedures to be followed in responding to haz- ardous substances spills, releases or discharges within the following area: within a sixty mile radius of the fire station in which the emergenc response vehicle on loan from the Division is housed or within the State upon direction of Che Division in unusual or serious hazardous substances incidents. WHEREAS, Sec. 166.01, Wis. Stats., vests the Division of Emergency Government "To prepare the state and its subdivisions to cope with emergencies resulting from enemy action and natural or man-made disasters, it is declared to be necessary to establish an organization for emergency government, conferring upon the governor and others specified the powers and duties provided by this chapter". WHEREAS, Sec. 144.76, Wis. Stats., vests the Department with the authority to use monies from the hazardous substance spill fund to contain, remove or dispose of a hazardous substance that has been discharged, and to take any other emergency action deemed appropriate by the Department under the circumstances, in every case where the person responsible for the discharge is not taking adequate action to restore the environment or to minimize the harmful effects of the discharge or where the identity of the person responsible for the discharge is unknown; WHEREAS, the Division maintains a 24-hour toll free or collect emergency telephone number at which notice of any hazardous substance discharge may be received, that the Division is to notify certain state and local agencies when notification of a discharge is received, and that the Division is to act as a central communications center to support containment, cleanup and disposal activities as stated in Wis. Adm. Code NR 158. WHEREAS, the City desires to cooperate with the Department and the Division in the containment, removal or disposal of a hazardous substance that has been discharged within the area covered by this Memorandum of Understanding in exchange for the loan of an emergency response vehicle. THEREFORE, the parties to this Memorandum of Understanding agree that: 1. The emergency response vehicle on loan to the Oshkosh Fire Department from the Division will receive routine preventive maintenance at the e2cpense of the Oshkosh Fire Department. The first $1,000 of vehicle repair costs and equipment repair and replacement costs directly attributable to the response to a hazardous substance discharge will be paid by the City of Oshkosh when the spill occurs within the City of Oshkosh, if not reimburs- able from the spill fund; and those which are not directly attributable to the response to a hazardous substance discharge but are due to use by the City of Oshkosh within the City of Oshkosh, are the responsibility of the Oshkosh Fire Department. The City of Oshkosh will not, however, be responsible for losses due to reasonable wear and tear. Memorandum of Understanding - Re: Hazardous materials Page 2 �/ L y� v �fJ 2. The response vehicle and all equipment will be inspected regularly by the Division at a time that is convenient for both the Oshkosh Fire Department and the Division, but in any event, not less than twice in each calendar year. Copies of the inspection report shall be given to the Oshkosh Fire Department immediately following inspection. 3. The response vehicle and equipment will be released by the Oshkosh Fire Department for use by the state in hazardous materials exercises, demon- strations, training sessions and incidents when called for by the Admin- inistrator of the Division or his/her designee. The vehicle will be returned in clean condition and the Division will be responsible for any damage to the vehicle or contents during the exercises. 4. All personnel who use the response vehicle and equipment must have received a Hazardous Materials Response Training Certificate from the Division, and must be recertified every two years by attending Hazardous Materials Training Classes sponsored or endorsed by the Division. The Fire Department must have a minimum of nine personnel certified. 5. A minimum of two certified persons will be assigned to operate the response vehicle when responding to any hazardous substance discharge. 6. The City of Oshkosh will pay fifty percent (50%) of the monthly and long dis- tance costs for the radio telephone in the response vehicle. The Division will also pay fifty percent (50%) of the monthly and long distance costs for the radio telephone. 7. If a hazardous substance discharge occurs within the City of Oshkosh's Fire Service Area, the Oshkosh Fire Department will, if necessary, dispatch the response vehicle to the scene upon receiving notice of the discharge. 8. If a hazardous substance discharge occurs within a 60-mile radius of the City of Oshkosh or elsewhere within the State, if an unusual or serious hazardous substance is discharged, the Oshkosh Fire Department will dispatch the response vehicle and personnel to the scene only if requested to respond by the Admin- istrator of the Division. The Division will notify the Department prior to requesting the Oshkosh Fire Department to dispatch the vehicle or as soon thereafter as possible. 9. � When the Oshkosh Fire Department dispatches the response vehicle and Oshkosh Fire Department personnel to a hazardous substance discharge at the request of the Division and the Division has received a request fzom the Department for the vehicle to respond, or where Oshkosh Fire Department personnel act under the Department's direction they are agents of the Department when an agency relationship exists, all direct and indirect personnel costs, equip- ment costs, vehicle repair costs, fuel costs and any other costs or obliga- tions incurred by the Oshkosh Fire Department or City of Oshkosh in containing, 1 Memorandum of Understanding - Re: Hazardous Materials Page 3 , S�i removing or disposing of the hazardous substance, will be paid from the hazardous substance spill fund under Sec. 144.76(6) Wis. Stats., and worker compensation and Sec. 66.191 Wis. Stats claims will be paid by the Department. The Department may have the claim reviewed in accordance with Chapter 102 of the State Statutes. The City will bill the Department, if possible, within 60 days of the dis- charge or 60 days of the date the expense is incurred whichever is later. The billing is to be itemized showing the work done on a daily basis, the unit costs for personnel (including but not limited to regular salary, over- time, per diem and travel costs), equipment, materials and supplies, and appro- priate supporting documentation which wi11 allow the Department to request, and take legal action to collect, if necessary, reimbursement from the person causing the discharge. 10. Employees of the City of Oshkosh will not respond with the response vehicle to a request for assistance unless requested by order of the emergency govern- ment echelon and if so ordered, shall be entitled to the protection provided in Sec. 166.03(10), Wis. Stats. 11. Whether or not the Oshkosh Fire Department personnel act under Department or Division direction, Oshkosh Fire Department personnel will, to the extent possible under the circumstances, gather and preserve any evidence of the cause of the discharge or the person responsible that may come to their atten- tion. The Oshkosh Fire Department will submit, after any Oshkosh Fire Depart- ment usage of the vehicle, an action report to the Division. 12, Any party to this agreement may withdraw at any time that any provision of the agreement is violated by another party. If any party wishes to with- draw in the absence of a violation of the terms of the agreement, the party that wishes to withdraw must give 90 days notice to the other parties. n � F�• W cF � �i � �� " r r� m � H � x � � N � iv K K W � w � � N N � � 0 � �� O � H O a w 0 ro � n � � � �i a � O c+ � m � �• K N t7 N ro W �i cr � � � 0 � � N C � N c+ N � n m m N ro F'• N N � m c+ n r• p � � � � N a 04 N � n r• m m O O r'� n N ti � �• � Q9 � � � �i a � � � 0 F' G fi F'• O � � 0 m a O � Ct � 00 K m N � m � �r � �• fi .� i i ( �) �JI a N �