III.5. Approval of State Contract Authorizing the HFD to Continue a State of MN HazMat team
November 18, 2014Council Report 2014-128
Approval of State Contract Authorizing the Hopkins Fire Department to Continue
as a State of Minnesota Hazardous Materials Chemical Assessment Team
Proposed Action
Staff recommends approval ofthe following motion: Move to adopt Resolution 2014-075
approving the signing of the agreement with the State of Minnesota authorizing the
Hopkins Fire Department to continue to provide a State Hazardous Material Chemical
Assessment Team.
Overview
Thecurrent contract with the State of Minnesota for providing a Chemical Assessment
st
Team expired on Oct 1 2012. Anew two year contract for Oct, 1st 2014 through Sept
30th 2016 has been given to usby the State for oursignatures. There have been no
changes from the current contract.
Primary Issues to Consider
Have there been any problems with this program so far? No.
Has the fire protection in Hopkins suffered when the team was activated? No.
Has this program been good for Hopkins? Yes. Our people are higher trained and
better equipped with no additional City funding.
Supporting Information
Resolution #2015-075
RFP for Proposal for State Chemical Assessment Team
___________________________
Dale Specken
Fire Chief
Financial Impact: $ Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 2014-075
APPROVAL OF CONTRACT AUTHORIZING THE HOPKINS FIRE
DEPARTMENT TO CONTINUE AS A STATE OF MINNESOTA HAZARDOUS
MATERIALS CHEMICAL ASSESSMENT TEAM
WHEREAS,
the City of Hopkins has a trained hazardous materials team; and
WHEREAS,
the members of the Hopkins Fire Department wish to continue a
State of Minnesota Hazardous Material Chemical Assessment team; and
WHEREAS,
the State of Minnesota is willing to bear all costs related to such
team.
NOW THEREFORE, BE IT RESOLVED,
that the City of Hopkins, Minnesota
enter into an agreement with the State of Minnesota, Department of Public Safety for the
purpose of the City of Hopkins continuing to provide a hazardous materials Chemical
Assessment Team for emergency response within Minnesota.
BE IT FURTHER RESOLVED
that the Mayor and City Manager are hereby
authorized to execute such agreement.
Adopted by the City Council of the City of Hopkins this 18th day of November, 2014.
_________________________________
By:
Eugene J. Maxwell, Mayor
ATTEST:
_______________________
Amy Domeier , City Clerk
Professional/Technical
Contract AmendmentNo. 1
State of Minnesota
SWIFT Contract No.:
0000000000000000000052407
Contract Start Date:October 1, 2012Total Contract Amount:$180,000.00
Original Contract Expiration Date:Sept. 30, 2014Original Contract:$90,000.00
Current Contract Expiration Date:Sept. 30, 2014Previous Amendment(s) Total:$0.00
Requested Contract Expiration Date:Sept. 30, 2016This Amendment:$90,000.00
This amendment is by and between the State of Minnesota, through its Commissioner of Public Safety,
Division of Homeland Security and Emergency Management (“State”) and City of Hopkins, Fire
th
Department, whose designated business address is 101 17Avenue South, Hopkins, Minnesota 55343
(“Contractor”).
Recitals
1.The State has a contract with the Contractor identified as SWIFT Contract No.:
0000000000000000000052407("Original Contract") to provide professional/technical services from
regionally located Hazardous Materials Emergency Chemical Assessment Teams to assist local
authorities in protecting the public’s safety from effects of a hazardous materials release.
2.The State wishes to exercise its option to extend its current contract with the City of Hopkins, Fire
Department Chemical Assessment Team, for an additional two-year period.
3.The State and the Contractor are willing to amend the Original Contract as stated below.
Contract Amendment
In this Amendment, changes to pre-existing Contract language will use strike throughfor deletions and
underlining for insertions.
REVISION 1."Term of Contract"
Clause 1. is amended as follows:
Effective date:
October 1, 2012,or the date the State obtains all required signatures under
1.1
Minn. Stat. §16C.05, subd. 2, whichever is later. The Contractor must not begin work under this
Contract until this Contract is fully executed and the Contractor has been notified by the State’s
Authorized Representative to begin the work.
1.2Expiration date:
September 30, 2014September 30, 2016, or until all obligations have been
satisfactorily fulfilled, whichever occurs first.
1.3Survival of terms:
The following clauses survive the expiration or cancellation of this Contract:
8. Indemnification; 9. State audits; 10. Government data practices and intellectual property; 13.
Publicity and endorsement; 14. Governing law, jurisdiction, and venue; and 15. Data disclosure.
REVISION 2. “Consideration”
Clause 4.1is amended as follows:
4.1Consideration
.The State will pay for all services performed by the Contractor under this
Contract as follows:
(A)Compensation.The Contractor will be paid by the State for the following costs in each year of
the contractassociated to:
(1)Capital equipment –cost of capital equipment including vehicles not to exceed
$6,000.00.
(2)Training –Annual cost of training team personnel (excluding exercise training) not to
exceed $17,000.00.
(3)Medical Examinations –Cost of annual medical examinations for team personnel not
to exceed $2,000.00.
(4)Consumable Supplies –Initial cost of consumable supplies not to exceed $3,000.00.
(5)Administration –Program administration costs not to exceed $10,000.00
(6)Maintenance –Equipment maintenance costs not to exceed $7,000.00
(B) Contractor may deviate from proposed budget stated in Clause 4, Section 4.1, Item (A) of this
contract increasing and decreasing amounts between approved categories listed as needed
and justified with the exception of category (5). Category (5) pertains toadministration costs
and may not be increased more than 20% without prior written approval from the State’s
Authorized Representative of this contract. The total amount for Clause 4, Section 4.1, Item
(A) may not exceed $45,000.00per year (October through September) of this contract, and
may not exceed $90,000.00$180,000.00for all years of the contract. Funds not expended by
the Contractor during the first, second and thirdyear of the contract will be cancelled.
(C)Emergency Response Compensation. Contractor will be reimbursed by the State for the
reasonable and necessary costs associated with an actual response as follows:
(1)Team Personnel Costs:
$75.00 per hour, including wages and fringe benefits, per person, 2 hour minimum
(2)Additional Wage Costs for Local Callback Personnel:
$20.00 per hour, including wages and fringe benefits, per person, 2 hour minimum
(3)Vehicle Operating Costs:
$40.00 per hour for support vehicles, and $100.00 per hour forhazardous materials
response vehicles.
(4)Cost of Consumable Supplies Used:
Contractor will submit an itemized invoice for actual costs. Costs for this item will not
exceed the actual costsincurred.
(5)Costs of Repair or Replacement of Damaged or Destroyed Equipment:
Contractor will submit an itemized invoice for actual costs incurred. If costs exceed
$500.00, the State may request competitive bids or quotes prior to the repair or
replacement of equipment. Contractors, who are municipalities, must comply with
municipal bidding laws.
(6)Communications Costs:
Contractor will submit an itemized invoice for actual costs incurred. Eligible costs are
defined as cellular and land line telephone costs for voice, data, or facsimile
transmissions.
(7)Administrative Costs Directly Resulting from the Emergency Response:
Up to $350.00 per incident, based on actual costs incurred. Contractor may request
additional administrative cost compensation, based on an itemized invoice for actual
costs incurred, when extraordinary circumstances resulting from a specific State
authorized emergency response are documented.
(8)Costs incurred in the use of Special Equipment as provided in Minnesota Rules,
Chapter 7514.1200.
Contractor will submit an itemized invoice for actual costs. Costs for this item will not
exceed the actual costs incurred.
(9)Costs associated with providing Support to Cleanup Operations when requested in
accordance with Minnesota Rules, Chapter 7514.0900, Subpart 5.
Year 1 and 2: Contractor will submit an itemizedinvoice for actual costs. Costs for
this item will not exceed the actual costs incurred.
(10)Costs associated with providing Standby Technical Assistance when requested in
accordance with Minnesota Rules, Chapter 7514.1600, Subpart 4.
Contractor will submitan itemized invoice for actual costs. Costs for this item will not
exceed the actual costs incurred.
(11)Other Direct Costs incurred by the Contractor as a result of the Emergency Response.
Contractor will submit an itemized invoice for actual costs. Costsfor this item will not
exceed the actual costs incurred.
(D) Costs incurred under Clause 4, Section 4.1, Item (C) of this contract for any single
response by Contractor may not exceed $5,000.00, unless authorized by the State.
All necessary and reasonable costs associated with a State authorized emergency response
to a hazardous materials incident, incurred by the Contractor and authorized by the State, will
be billed by the State to the responsible person, and managed by the State through a
separate revolving account for such incidents. Contractor agrees that the State subrogates
to the rights of the Contractor against the responsible person as defined in Minnesota
Statutes 299A.52.
(E) The total obligation of the State for all compensation to Contractor incurred under Clause 4,
Section 4.1, Item (A), of this contract will not exceed $90,000.00$180,000.00.
REVISION 3. “Invoices”,“Contractor Compensation”
Clause 4.2 Section (A)Item (1) is amended as
follows:
(1)Contractor Compensation:Contractor will submit a completed Contractor’s Compensation
Reimbursement Packet at least annually but not more frequently than monthly for
reimbursement of costs identified in Clause 4, Section 4.1, Items (A) and (B) of this contract.
Final invoice forreimbursementfor State Fiscal Year 2015 must be received by the State no
later than October 30, 2014July 31, 2015.Final invoice for reimbursement for State Fiscal Year
2016 must be received by the State no later than July 31, 2016. Final invoice for
reimbursement under this contract must be received by the State no later than October 30,
2016.The State will process completed Reimbursement Packets for compensation within thirty
(30) days of receipt. The total amount of reimbursement pertaining to Clause 4, Section 4.1,
Items (A) and (B) of this contract will not exceed the limits of this contract.
REVISION 4.“Workers’ compensation and other insurance”
Clause 11is amended as follows:
11.Workers’ compensation and other insurance
Contractor certifies that it is in compliance with all insurance requirements specified in the
solicitation document relevant to this Contract. Contractor shall not commence work under the
Contract until they have obtained all the insurance specified in the solicitation document.
Contractor shall maintain such insurance in force and effect throughout the term of the Contract.
Further, the Contractor certifies that it is in compliance with Minnesota Statute § 176.181,
subdivision 2, pertaining to workers’ compensation insurance coverage. The Contractor’s
employees and agents will not be considered State employees. Any claims that may arise under
the Minnesota Workers’ Compensation Act on behalf of these employees or agents and any
claims made by any third party as a consequence of any act or omission on the part of these
employees or agents are in no way the State’s obligation or responsibility, except, in accordance
with the provisions of Minnesota Statutes, Chapter 299A.51, Subdivision 2, and Minnesota Rules
Chapter 7514.2000 when the Contractor is deployed outside of its geographic jurisdiction, as
described in Appendix C.
Except as amended herein, the terms and conditions of the Original Contract remain in full force and
effect.
1. STATE ENCUMBRANCE VERIFICATION3. STATE AGENCY
Individual certifies that funds have been encumbered as Individual certifies the applicable provisions of Minn. Stat.
16A.15 and 16C.05.
required by Minn. Stat. §§§16C.08, subdivisions 2 and 3 are reaffirmed.
Signed:____________________________________________By: ___________________________________________
(with delegated authority)
Date:____________________________________________Title: ___________________________________________
SWIFTContract No. 52407 / PO #3-14432______________Date:__________________________________________
2. CONTRACTOR4. COMMISSIONER OF ADMINISTRATION
The Contractor certifies that the appropriate person(s) haveAs delegated to Materials Management Division
executedthe contract on behalf of the Contractor as required
By:____________________________________________
by applicable articles, bylaws, resolutions, or ordinances.
By:____________________________________________Date:__________________________________________
Title:____________________________________________
Date:____________________________________________
By:____________________________________________
Title:____________________________________________
Date:____________________________________________
Distribution:
Contractor
Agency
State's Authorized Representative