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Home My WebLink About19. 19-148 MARCH 12, 2019 19-148 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE GREEN LAKE COUNTY AND CITY OF OSHKOSH INTER-AGENCY AGREEMENT FOR HAZ-MAT RESPONSE SERVICES INITIATED BY: FIRE DEPARTMENT WHEREAS, the City of Oshkosh has previously entered into inter-agency agreements for hazmat response services with Green Lake County which have carried forward by automatic renewal process; and WHEREAS, upon review of all agreements within the Fire Department it was determined that it would be beneficial to formally renew this agreement at this time due in part to various staffing changes since the origin of this agreement. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Inter-Agency Agreement between Green Lake County and City of Oshkosh for Type III Hazardous Material (Hazmat) Response Services is hereby approved for renewal for the period from January 1, 2019 through December 31, 2019 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. tr 3 'd , M!ws � URI', 1 Oshkosh TO: Honorable Mayor & Members of the Common Council FROM: Mike Stanley, Fire Chief DATE: March 5, 2019 RE: Green Lake County and City of Oshkosh Inter -Agency Agreement for Haz-Mat Response Services BACKGROUND The Oshkosh Fire Department has historically had an Inter -Agency Agreement between Green Lake County and the City of Oshkosh For Level "B" Hazardous Material Response Services. ANALYSIS This would be a renewal for 2019 to continue the agreement to participate in the Green Lake County Haz-Mat Emergency Response Plan. The Oshkosh Fire Department would continue to provide initial emergency response to hazardous substance releases to assist fire districts within the County when requested. FISCAL IMPACT The Oshkosh Fire Department will be compensated through the Emergency Planning and Community Right to Know Act (EPCRA) budget for the purpose of Haz-Mat equipment at the rate of $3,600.00 per year. These funds will be deposited in account 0217-0230. RECOMMENDATION The recommendation would be that Common Council approve continuing this agreement with Winnebago County so that we can continue to this mutually beneficial relationship. Respectfully Submitted, Mike Stanley Fire Chief Approved: Mark Rohloff City Manager INTER -AGENCY AGREEMENT BETWEEN GREEN LAKE COUNTY AND CITY OF OSHKOSH FOR TYPE III HAZARDOUS MATERIAL (HAZMA'I) RESPONSE SERVICES JANUARY 19 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'l 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 (HAZMAJ) 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 Director, 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 itsel& the COUNTY and CITY do agree as follows: 1 I. DEFINITIONS 1.01 HAZARDOUS SUBSTANCE: A "hazardous substanW 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 tbroughout 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. M. EMERGENCY RESPONSE FUNDING 3.01 Omen 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 fiords 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 1s` day of January, 2015 and shall terminate as of the end of the day on the 31' 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 or .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 aPPmPriate sufficient funds in any year covered by this agreement shall be cause for automatic termination of this agreement 91 VL 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 COUNTY 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 CITY while acting within the scope of their employment. 6.02 COUNTY 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, 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 COUNTY while acting within the scope of their employment. 6.03 CITY and COUNTY 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. /I LITWOIJ)IQ -OCIN 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. VIIL 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 COUNTY have executed this agreement on the day of:Pe em £, f ' . 2015. CITY OF OSHKOSH ("CITY") GREEN LAKE COUNTY ("COUNTY") By: By: ,r�c lflpoldlL Mark A. Rohloff, City Manager Gary P doll, Emergency Management Director