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HomeMy WebLinkAbout29. 16-569 DECEMBER 13, 2016 16-569 RESOLUTION (CARRIED 7-0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE INTER-AGENCY AGREEMENT TO PROVIDE WEIGHTS AND MEASURES INSPECTIONS SERVICES TO THE CITY OF NEENAH ($16,000) INITIATED BY: COMMUNITY DEVELOPMENT BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached inter-agency agreement between City of Neenah and the City of Oshkosh to provide Weights and Measures Inspection Services to the City of Neenah is hereby approved and the proper City officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. !}E Oshkosh MEMORANDUM TO: Honorable Mayor and Members of the Common Council FROM: Allen Davis, Community Development Director DATE: December 8, 2016 RE: Approve Inter -Agency Agreement to Provide Weights and Measures Inspection Services to the City of Neenah ($16,000) BACKGROUND The City of Oshkosh has been testing and inspecting weights and measures in the City of Oshkosh. Over the years, the City has used City staff and contracted with DATCP. The City currently uses city staff and DATCP tests the gas station pumps. The City of Neenah has used Neenah staff for their Weights and Measures testing, however, the Neenah staff position is currently vacant. Consequently, Neenah staff inquired into the possibility of Oshkosh providing Weights and Measures testing for the first few months of 2017. Oshkosh staff determined that the testing could be done with existing Oshkosh staff, as long as Neenah would pay for the Oshkosh staff time and expenses. ANALYSIS The proposed agreement would provide Oshkosh staff for Neenah Weights and Measures testing on a temporary basis. The estimated time required would be about 2 days per week for about 16 weeks, and the $16,000 would recover the costs of the Oshkosh staff time. Neenah will provide the equipment and vehicle for the work in Neenah. Neenah will also provide Oshkosh with the liquid measuring device equipment to use in 2017. This would allow Oshkosh to save an additional $13,000 in DATCP gas station pump testing contract costs. Oshkosh FISCAL IMPACT The Weights and Measures testing is an Enterprise Fund and has no direct impact on general revenues or the general fund. The Weights and Measures fund balance would be improved so that possible future capital costs could be planned. RECOMMENDATION Staff recommends Council approve the Inter -Agency agreement with the City of Neenah. Submitted, i Allen Davis Community Development Director Approved, Mark Rohloff City Manager INTER -AGENCY AGREEMENT BETWEEN CITY OF OSHKOSH AND THE CITY OF NEENAH FOR WEIGHTS AND MEASURES INSPECTIONS THIS AGREEMENT is entered into pursuant to the authority provided by Section 66.0301, Wisconsin Statutes, as to inter -governmental cooperative agreements. WHEREAS, Municipalities are required by Chapter 98 of the Wisconsin Statutes to enforce the provisions of that Chapter pertaining to Weights and Measures, and WHEREAS, the City of Oshkosh, a municipal corporation, whose address is 215 Church Avenue, Oshkosh, Wisconsin 54901, (hereinafter referred to as "Oshkosh") and the City of Neenah, a municipal corporation, whose address is 211 Walnut Street, Neenah, Wisconsin, 54956 (hereinafter referred to as "Neenah") desire to enter into an inter -governmental agreement regarding the provision of weights and measures services within those cities. 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 OSHKOSH and NEENAH do agree as follows: I. PURPOSE OF AGREEMENT The purpose of this agreement is to provide for the testing and services pertaining to weights and measures required by Chapter 98 of the Wisconsin Statutes for the cities of Oshkosh and Neenah. I1. AUTHORITY This agreement is entered into pursuant to the authority granted in section 66.0301 of the Wisconsin Statutes. Ill. TERM The term of this agreement shall commence on January 1, 2017 through May 1, 2017. IV. TERMINATION This Agreement is subject to termination before the expiration of the original term or any extension term under the following circumstances: By mutual agreement of the parties, at any time. By either party upon 30 days written notice to the other party In the event the Agreement is terminated, with or without cause, the parties shall each be obligated to take such actions as may be reasonably necessary to ensure a smooth transition to a new provider of services. V. PAYMENT FOR SERVICES. The City of Neenah shall pay to the City of Oshkosh the lump sum of sixteen thousand and no/100 dollars ($16,000.00) for the services under this Agreement. Payment shall be made upon invoices which shall be issued for one half the amount due in January and May. In addition, the City of Neenah shall reimburse the City of Oshkosh for any costs for mileage or other reasonable expenses that the City of Oshkosh becomes obligated to pay due to the provision of services as required by this Agreement. Invoices for mileage and expenses shall be issued monthly. Payments shall be made within 30 days of invoice. VI. OBLIGATIONS OF EACH PARTY A. City of Oshkosh. 1. Oshkosh will provide trained personnel to perform the duties of sealers of weights and measures as provided in section 98.04 of the Wisconsin Statutes, except that Neenah shall provide a vehicle for use of the employee(s) while working within the City of Neenah and all equipment as required by paragraph B. below. 2. Oshkosh shall, through its employees, complete inspections of weights and measures devices within the City of Neenah as required by Chapter 98 of the Wisconsin Statutes. 3. Oshkosh shall provide to Neenah, as needed, information pertaining to the costs of the weights and measures program to allow Neenah to establish the fees for such program within the City of Neenah. 4. As needed, Oshkosh shall provide to Neenah updated census information regarding new or changed businesses requiring inspections. 5. Oshkosh shall report monthly the number of inspections and all information required for billing. 6. Oshkosh shall submit monthly requests for reimbursement of mileage or other expenses. 7. Oshkosh shall prepare and submit all reports required by the State of Wisconsin pertaining to weights and measures for both the City of Oshkosh and the City of Neenah. B. City of Neenah. 1. Neenah shall adopt any appropriate ordinances or resolutions required to authorize the enforcement of weights and measures statutes and ordinances within the City of Neenah as contemplated by this Agreement. 2. Neenah may direct the employee's work when the employee is performing services under this Agreement and the employee may be subject to such policies as are applicable to Neenah employees as may be reasonable and appropriate for the type of work performed under this Agreement, including but not limited to appropriate dress, conduct, proper identification, and similar policies. Any such policies shall be provided to both the employee and the City of Oshkosh. 3. Neenah shall establish the fees for the weights and measures program within the City of Neenah. 2 4. Neenah shall provide a vehicle for use of the employee(s) when performing services under this agreement within the City of Neenah and all equipment for use for weights and measures services in both cities for the calendar year 2017. 5. Neenah shall provide a listing of all current weights and measures devices to be inspected within the City and shall update such listing as required. 6. Neenah shall pay all invoices for weights and measures services and costs within 30 days of invoice. 7. Neenah shall provide all clerical needs for services under this Agreement within the City of Neenah, including but not limited to notices, copying, licenses, and mailing services. VII. NOTICES All communications or notices required or permitted by this Agreement shall be in writing and shall be deemed to have been given: (i) upon delivery to an officer or the person entitled to such notice, if hand delivered, or (ii) two business days following deposit in the United States Mail, postage prepaid, or with a nationally recognized overnight commercial carrier that will certify as to the date and time of delivery, air bill prepaid, or (iii) upon transmission if by facsimile, any such communication or notice shall be addressed as follows, unless and until any such party notifies the other in accordance with this section of any change of address: If to Oshkosh: City of Oshkosh Inspections Division 215 Church Avenue Post Office Box 1130 Oshkosh, WI, 54903-1130 Fax - 920-236-5084 If to Neenah: City of Neenah Dept. Of Community Development & Assessment 211 Walnut Street Neenah, WI 54956 Fax: 920-886-6129 VIII. INSURANCE, HOLD HARMLESS AND INDEMNIFICATION While any employee of the City of Oshkosh is providing services under this agreement within the geographical limits of the City of Neenah, the City of Neenah shall be responsible for the employee's conduct, actions and inactions and shall provide liability insurance coverage for such employee(s). Except as provided above and subject to any limitations contained in Secs. 893.80, 893.83, 345.05, and any similar statute, of the Wisconsin Statutes, the City of Oshkosh agrees to hold the City of Neenah, its officers, officials, employees and agents 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 the terms of this Agreement where such liability is founded upon or grows out of the acts or omission of any of the Oshkosh's officers, employees, volunteers or agents while acting within the scope of their employment. Subject to any limitations contained in Secs. 893.80, 893.83, 345.05, and any similar statute, of the Wisconsin Statutes, the City of Neenah agrees to hold the City of Oshkosh, its officers, officials, employees and agents 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 the terms of this Agreement where such liability is founded upon or grows out of the acts or omission of any of the Neenah's officers, employees, volunteers or agents while acting within the scope of their employment. Nothing contained within this agreement is intended to be a waiver or estoppel of the ability of either municipality or their insurers to rely upon the limitations, defenses, and immunities contained within Wisconsin law, including those contained within Wisconsin Statues §§ 893.80, 895.52, and 345.05 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. To the extent that indemnification is available and enforceable, the municipality or its insurer shall not be liable in indemnity or contribution for an amount greater than the limits of liability for municipal claims established by Wisconsin Law. It is the intention of the parties to this Agreement that, except as specifically provided above when the employee is acting within the geographical limits of the City of Neenah, each party shall be solely responsible for its own actions and activities and the actions and activities of its own officers, employees and agents while acting within the scope of their employment. IX. ENTIRE AGREEMENT This agreement constitutes all of the agreements and understandings of whatever nature and kind existing between the parties with respect to the subject matter hereof. :l X. SEVERABILITY Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be in effect to the extent of such prohibition or enforceability without invalidating the remaining provisions of this Agreement in such jurisdiction or affecting the validity or enforcement of any provision in any other jurisdiction. IN WITNESS WHEREOF, the CITY and the COUNTY have executed this agreement on the day of CITY OF OSHKOSH ("OSHKOSH") By: By: By: Mark A. Rohloff, City Manager Pamela R. Ubrig, City Clerk Lynn A. Lorenson, City Attorney 2016. CITY OF NEENAH ("NEENAH") By: M By: Dean R. Kaufert, Mayor Patricia A. Sturn, City Clerk Michael Easker Finance Director James Godlewski, City Attorney