Loading...
CR 97-099 Hopkins FD Remains Chemical Assessment Team May 20, 1997 \ \ y 0 " " :CD: o P K \ ~ Council Report 97-99 Approval of State Contract Authorizing the Hopkins Fire Department to Continue as a State of Minnesota Hazardous Materials Chemical Assessment Team Pronosed Action. Staff recommends approval of the following motion: Move to adont Resolution 96-65 annrovinl! the sil!ninl! of the al!reement with the State of Minnesota authorizinl! the Honkins Fire Department to continue to provide a State Hazardous Material Chemical Assessment Team. Overview. The current contract with the State of Minnesota for providing a Chemical Assessment Team will expire on June 30th. A new two year contract for July, 1 st 1996 through June 30th 1999 has been given to us by the State for our signatures. There have been only minor changes from the current contract. We have moved around some funding categories to reflect more accurately our anticipated spending and the State attorneys have found some grammatical issues that they have changed. Since the teams have gone in service there have been a total offive activation's state wide. The Hopkins team was called out on two of those since the signing of our first contract in September, 1996. All costs related to this were paid for with state funds. Primarv Issues to Consider. o Have there been any problems with this program so far? No. o Has the fire protection in Hopkins suffered when the team was activated? No. o Has this program been good for Hopkins? Yes. Our people are higher trained and better equipped with no additional City funding. Supportinl! Information. o Memo from State Team Administrator, Bob Dahm, outlining contract changes o Memo from State Contract Officer, Janet Weber, requesting certain contract changes o Resolution #97-60 o Hopkins! State of Minnesota Contract. 0rm.Bol'~onj6 Don Beckering Fire Chief City of Hopkins Hennepin County, Minnesota RESOLUTION NO. 97-60 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 RESOL YED, 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 RESOL YED that the Mayor and City Manager are hereby authorized to execute such agreement. Adopted by the City Council of the City of Hopkins this 3rd day ofJune, 1997. By: Chuck Redepenning, Mayor ATTEST: Terry Obermaier, City Clerk STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY State Fire Marsha/ Division MfEMOlRANDUM Date: May 14,1997 To: Don Beckering, Chief Hopkins Fire Department 1010 First Street South Hopkins, MN 55343 From: Bob Dahm, Operations Adminis r Hazardous Materials Regional e Team Program Phone: 612-215-0510 (Voice) 612-215-0525 (Fax) Subject: FY98 I FY99 Hazardous Materials Regional Response Team Program Contract Enclosed you will find six (6) copies of the FY98 / FY99 Hazardous Materials Regional Response Team Program contract between the Minnesota Department of Public Safety and the City of Hopkins Fire Department. The initial approval and encumbrance process has been completed and the contract is now ready for execution by the City of Hopkins. Please check the contract to ensure that it has been prepared in accordance with your recently submitted Contract Development Form, and advise me immediately if you discover any errors. You should also review the enclosed memo from Janet Weber which describes the changes we were required to make in certain sections of the contract language. Other than those revisions, the only changes made from the existing contract were those necessary to remove language (such as staggered start dates) which no longer apply. The equipment list was also slightly revised to reflect the fact that certain items on the original list were purchased in kit form, rather than as individual components. I do not believe that any of these changes are substantive. Please return all six (6) copies of the contact, signed by the appropriate local officials, along with a copy of the City Council resolution authorizing execution of the contract. I will then obtain the final state signatures, after which the contract will be considered fully executed. It is at that point, but not sooner than July 1, 1997, that funds identified in the contract may be expended. Thank you for your continued support of the Hazardous Materials Regional Response Team Program. I look forward to working with you as we continue to develop the progtam. BD:bd Enclosures J DEPARTMENT OF PUBLIC SAFETY Fiscal & Administrative Services STATE OF MINNESOTA OFFICE MEMORANDUM TO Bob Dabm State Fire Marshal's Office DATE: May 1, 1997 FROM Janet Weber Contract Officer PHONE: (612) 297-1963 TTY: (612) 282-6555 SUBJECT : Comments for Hazard Team contract shells Please make the following changes to both shell agreements. Cover page for both agreement shells: Accounting Information: RQ for State Authorized Incidents RQ2000 2139 set up in a separate allotment Clause II, Section A., Item #2. (add sentence at the end of the paragraph) No deviations between funding categories shall exceed the total dollar amount authorized for each fiscal year of this contract. Clause IV. (add sentence at the end of the paragraph) CONTRACTOR UNDERSTANDS THAT NO WORK SHOULD BEGIN UNDER THIS CONTACT UNTIL ALL REQUIRED SIGNATURES HAVE BEEN OBTAINED, AND CONTRACTOR IS NOTIFIED TO BEGIN WORK BY THE STATE'S AUTHORIZED AGENTS. Clause XVI. Other Provisions., Section E. #18, item a., paragraphs #2 and #3. (change to read as follows) 2. Automobile Liability (Non-governmental Entities): CONTRACTOR agrees to provide automobile liability coverage, including hired and nOll-owned automobiles, of not less than $1.0 million dollars combined single limit on all vehicles loaned to CONTRACTOR by the STATE; or 3. Automobile Liability (Governmental Entities): CONTRACTOR agrees to provide automobile liability coverage on all vehicles loaned to CONTRACTOR by the STATE. The limits of liability for such coverage must be $200,000 for bodily injury and property damage per person, and $600,000 bodily injury and property damage per occurrence. Clause XVI. Other Provisions., Section E., #18, item b, paragraphs #1 and #2. (change to read as follows) 1. Automobile Liability (Non-governmental Entities): CONTRACTOR agrees to provide automobile liability coverage, including hired and non-owned automobiles, of not less than $1.0 million dollars combined single limit on all CONTRACTOR owned or leased vehicles; or 2. Automobile Liability (Governmental Entities): CONTRACTOR agrees to provide automobile liability coverage on all CONTRACTOR owned or leased vehicles. The limits of liability for such coverage must be $200,000 for bodily injury and property damage per person, and $600,000 bodily injury and property damage per occurrence. Clause XVI. Other Provisions., Section E., #18, item c. :(change to read as follows) c. STATE Owned Equipment Loaned to CONTRACTOR; CONTRACTOR agrees to provide "All Risk" property floater insurance, or equivalent self-insurance, which provides replacement cost coverage on all ST ATE owned property loaned to CONTRACTOR by the STATE. Sample shell for the Hopkins agreement has an error, page 8, #18, section b. #2., second line: ., .CONRACTOR CONTRACTOR owned... Sample shell for the Duluth agreement has an error, page 4, Clause II, Section A., Item 5. (amount should read $120.00 $120,000.00) STATE OF MINNESOTA CONTRACTUAL (non-state employee) SERVICES Acconnting Information: State Authorized Incidents set up in a separate allotment. Agency: Fiscal Year: \ Amount of Contract First FY: Lj D 6tJ[) Commodity Code: Object Code: Total Amount of Contract: .$ Commodity Code: -- Commodity Code: Object Code: Amount: Amount Accounting Distribution I: Accounting Distribution 2: Accounting Distribution 3: Fund; I () 0 Fund: Fund: Appr: 8-00 Appr: Appr: OrglSub: ~d- rr OrglSub: OrglSub: Rept Catg: Rept Catg: Rept Catg: Amount ~ 'In r::;;;:::q:;;. Amount: Amount: ~T Processing Information: (Some entries may not apply) Requisition: Solicitation: NumberIDate/Entry Initials Number/Date/Entry Initials Contract: Order: NumberIDate/Entry Initials NumberIDate/Signatures {Individual signing certifies tl,at funds have been encumbered as required by Minn. Stat.I6A.I5j NOTICE TO CONTRACTOR: You are required by Minnesota Statutes Section 270.66 to provide your social security number or Minnesota tax identification number if you do business with the State of Minnesota. This information may be used in the enforcement of federal and state tax laws. Supplying these numbers could result in action to require you to file state tax returns and pay delinquent state tax liabilities. This contract will not be apnroved unless these numbers are provided. These numbers will be available to federal and state tax authorities and state personnel invoolved in the payment of state obligations. Contractor Name and Address: Hopkins Fire Department 10 10 First Street South Hopkins, Minnesota 55343 Soc. Sec. or Federal Employer 1.0. No.: 41-6005247 Minnesota Tax I.D. No.: 8022882 THIS PAGE OF THE CONTRACT CONTAINS PRIVATE INFORMATION. EXCEPT AS DEFINED ABOVE, THIS PAGE SHOULD NOT BE REPRODUCED OR DISTRIBUTED WITHOUT EXPRESS WRITTEN PERMISSION OF THE CONTRACTOR. If you circulate this contract internally, DO NOT include this page. (Hopkins Chemical Assessment Teall Cover Pag THIS CONTRACT, which shall be interpreted pursuant to the laws of the State of Minnesota, between the State of Minnesota, acting through it Department of Public Safety (hereinafter STATE) and the Hopkins Fire Department, 1010 First Street South, Hopkins, Minnesota, 55343 _reinafter CONTRACTOR), witnesseth that: WHEREAS, the STATE, pursuant to Minnesota Statutes 15.061 and Minnesota Statutes 299A.50, Subdivision 2, is empowered to enter int, contracts with other state departments and agencies, local units of government, other states, Indian tribes, the federal government, or othe nonpublic persons to implement the provisions of Minnesota Rules, Chapter 7514, and WHEREAS, the Minnesota Legislature has determined the need exists for a system of regionally located Hazardous Materials Emergenc) Response Teams and Hazardous Materials Chemical Assessment Teams to assist local authorities in protecting the public safety from the effect of a hazardous materials release, and WHEREAS, CONTRACTOR represents that it is duly qualified and willing to perform the services set forth herein as a Hazardous Material: Chemical Assessment Team. NOW, THEREFORE, it is agreed: 1. CONTRACTOR'S DUTIES. CONTRACTOR, who is not a state employee, except as defined in Minnesota Statutes, Chapter 299A.51 Subdivisions I and 2, shall be responsible for all terms, tasks and conditions assigned by Minnesota Statute, Chapter 299A.48 to 299A.5: and Minnesota Rules, Chapter 7514, including but not limited to the following: A. Respond to hazardous materials incidents occurring in CONTRACTOR'S primary and secondary response areas whet requested; B. Respond to any response area in the state when directed to do so by the Commissioner of Public Safety (Minnesota Rules Chapter 7514.0900, Subpart I); C. Coordinate on-scene emergency response operations with local, state, and federal agencies, Indian tribes, and private respons organizations through the Minnesota Incident Management System (Minnesota Rules. Chapter 7514.1800, Subpart I); D. Ensure that team members are in compliance with the initial, continuing education, and team training requirements establishe. in Minnesota Rules, Chapter 7514.0600, Subparts I to 4, and annually certify such compliance to the Commissioner (Minnesot. Rules, Chapter 7514.0600, Subpart 6); E. Ensure that team members are in compliance with the medical requirements established in Minnesota Rules, Chapte 7514.0600, Subpart 7, and annually certify such compliance to the Commissioner (Minnesota Rules, Chapter 7514.060& Subpart 7); F. Deploy team personnel and equipmentto a hazardous materials incident within an average of fifteen (15) minutes from the tim, the decision is made to dispatch the team (Minnesota Rules, Chapter 7514.0500). For purposes ofthe clause, the decision t< dispatch the team will be considered made at the time the CONTRACTOR'S point of contact for purposes of dispatching th, team, as identified in Appendix E, is notified by the STATE; G. Ensure compliance with all other employer requirements established in Minnesota Rules, Chapter 7514.0600; H. Conduct a formal evaluation of the team's response to each incident as required by Minnesota Rules, Chapter 75]4.1300; 1. Submit a detailed report of the team's response to an incident as required by Minnesota Rules, Chapter 7514.0900, Subpart 7 and take all appropriate measures to identify to the STATE the responsible person of each incident; J. Designate a primary and one or more alternate representativeCs) to the Hazardous Materials Regiona] Response Team Progran Team Advisory Committee, who will make every reasonable attempt to attend meetings of the committee and have the authorit to make recommendations on behalf of the CONTRACTOR; K. Designate a primary and alternate representative who will receive training in applying the suggested operating guidelines an, other administrative procedures of the Hazardous Materials Regional Response Team Program, provided by the Commissionel (Hopkins Chemical Assessment Team Page 1 as required by Minnesota Rules, Chapter 7514.0700, Subpart 2, and who will be responsible for providing that instruction tc other team members; L. Maintain and store emergency response vehicles and equipment, whether loaned to CONTRACTOR by the STATE, or owne, by CONTRACTOR, in proper working order and ready for response at all times, except as may be necessary for the performanc, of routine or necessary maintenance, repairs or replacement. CONTRACTOR must immediately notify the STATE wheneve CONTRACTOR is not available for emergency response as a result of such circumstances; M Submit claims for recoverable costs to the Commissioner as required by Minnesota Rules, Chapter 7514.1700, Subparts I an, 3, and take all appropriate measures to identify to the STATE the responsible person for each incident. N. Maintain the minimum composition of team members required by Minnesota Rules, Chapter 7514.0800; O. Respond to each incident with three (3) persons certified to the levels of hazardous materials training required by MinnesOl> Rules, Chapter 7514.0800, Subpart 6; P. Respond to incidents and assist local authorities by providing technical advice to local incident commanders and recommendin~ mitigation actions necessary to protect life, property and the environment that are in keeping with locally available levels 0" hazardous materials training and response capability (Minnesota Rules, Chapter 7514. 0900, Subpart 3); and Q. Respond to incidents in conjunction with an Emergency Response Team, to assess an incident, develop and recommenc mitigation strategies, and assist with response operations (Minnesota Rules, Chapter 7514.0900, Subpart 4). II. CONSIDERATION AND TERMS OF PAYMENT A. Consideration for all services performed and goods or materials supplied by CONTRACTOR pursuant to this contract shall b, paid by the STATE as follows; 1. CONTRACTOR's Compensation. CONTRACTOR shall be paid by the STATE for the following costs associated a. Capital equipment - cost of capital equipment including vehicles; Not to exceed $3,000.00 beginning July I, 1997 through June 30, 1998 Not to exceed $3,000.00 beginning July I, 1998 through June 30, 1999 b. Training - Annual cost of training team personnel (excluding exercise training); Not to exceed $16,000.00 beginning July I, 1997 through June 30, 1998 Not to exceed $19,000.00 beginning July I, 1998 through June 30, 1999 Training - Annual cost of exercise training; Not to exceed $5,000.00 beginning July I, 1997 through June 30, 1998 Not to exceed $5,000.00 beginning July I, 1998 through June 30,1999 c. Medical Examinations - Cost of annual medical examinations for team personnel; Not to exceed $4,000.00 beginning July I, 1997 through June 30, 1998 Not to exceed $1,000.00 beginning July I, 1998 through June 30, 1999 d. Consumable Supplies - Initial cost of consumable supplies; Not to exceed $3,000.00 beginning July], ] 997 through June 30, ] 998 Not to exceed $3,000.00 beginning July I, 1998 through June 30,1999 e. Administration ~ Program administration costs; (Hopkins Chemical Assessment Tean Page; Not to exceed $6,000.00 beginning July I, 1997 through June 30, 1998 Not to exceed $6,000.00 beginning July I, 1998 through June 30, 1999 f. Maintenance - Equipment maintenance costs; Not to exceed $3,000.00 beginning July I, 1997 through June 30,1998 Not to exceed $3,000.00 beginning July I, 1998 through June 30, 1999 2. CONTRACTOR may submit a revised budget for any deviation of20% or less between the funding categories liste, above during each state fiscal year of this contract (See Clause 1\, Section A, Item 5). However, the revised budget mus be approved by the STATE'S authorized agents before any expenditures may be made based on the revised budget. An) deviation greater than 20% between the funding categories listed above during each state fiscal year of this contrac (See Clause 1\, Section A, Item 5) will require an amendment to this Agreement. No deviation between fund in, categories shall exceed the total dollar amount authorized for each fiscal year of this contract. 3. Emergency Response Compensation. CONTRACTOR shall be reimbursed by the STATE for the reasonable an, necessary costs associated with an actual response as follows: a. Team Personnel Costs; $40.00 per hour per person, inclnding wages and fringe benefits, three (3) people, two (2) hour minimum Team personnel costs are valid through June 30, 1999. b. Additional Wage Costs for Local Callback Personnel; $10.00 per person responding to the Hopkins Fire Station, but not responding to the scene of the incident, ul to a maximum of $120.00 per incident. Team personnel costs are valid through June 30, 1999. c. Vehicle Operating Costs; $35.00 per hour d. Cost of Consumable Supplies Used; CONTRACTOR will submit an itemized invoice for actual costs incurred e. 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, th, 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. f. Communications Costs; CONTRACTOR will submit an itemized invoice for actual costs incurred. Eligible costs are defined a cellular and land line telephone costs for voice, data, or facsimile transmissions. g. Administrative Costs Directly Resulting from the Emergency Response; Up to $275.00 per State authorized emergency response. CONTRACTOR may request additiona administrative cost compensation, based on an itemized invoice for actual costs incurred~ when extraordina~ circumstances resulting from a specific State authorized emergency response are documented. h. Costs Incurred in the use of Special Equipment as provided in Minnesota Rules, Chapter 7514.1200; (Hopkins Chemical Assessment Tean Page: i. Costs Incurred in the use of Special Technical Assistance as provided in Minnesota Rules, Chapte, 7514.1200; j. Costs Associated with Providing Suppon to Cleanup Operations when Requested in Accordance witl Minnesota Rules, Chapter 7514.0900, Subpan 5; k. Costs Associated with Providing Standby Technical Assistance when Requested in Accordance witl Minnesota Rules, Chapter 7514.1600, Subpan 4 and; I. Other Direct Costs incurred by the CONTRACTOR as a Result of the Emergency Response. 4. Costs incurred under Clause II, Section A, Item 3 ofthis Agreement for any single response by CONTRACTOR ma' not exceed Five Thousand dollars ($5,000.00), unless authorized by the STATE. All necessary and reasonable costs associated with a state authorized emergency response to a hazardous material, incident, incurred by CONTRACTOR and authorized by the STATE, will be billed by the STATE to the responsiblt person, and managed by the STATE through a separate revolving account for such incidents. CONTRACTOR agree thatthe STATE subrogates to the rights of the CONTRACTOR against the responsible person as defined in Minnesot' Statutes 299A.52. 5. The total obligation of the STATE for all compensation to CONTRACTOR incurred under Clause II, Section A, Iten I, of this Agreement, shall not exceed Forty Thousand dollars ($40,000.00) from July I, 1997 through June 30, 1998 and Forty Thousand dollars ($40,000.00) from July I, 1998 through June 30, 1999. Funds not expended b: CONTRACTOR during any single State fiscal year may be carried over into a subsequent State fiscal year. B. Terms of Pavment 1. Payment shall be made by the STATE promptly after CONTRACTOR's presentation of invoices for service performed and acceptance of such services by the STATE'S authorized agents pursuant to Clause VI. Invoices sha be submitted in a form prescribed by the STATE and according to the following schedule: CONTRACTOR's Compensation. CONTRACTOR shall submit a completed CONTRACTOR's CompensatiO! Reimbursement Packet monthly or quarterly for reimbursement of costs identified in Clause II, Section A, Items I an, 2 of this Agreement. The STATE will process completed Reimbursement Packets for compensation within thirty (30 days of receipt. The total amount of reimbursement pertaining to Clause II, Section A, Items] and 2 of this Agreemen shall not exceed the limits of this contract. Emergency Response Compensation. CONTRACTOR is responsible for submitting a claim for reimbursement for th. reasonable and necessary costs associated with a STATE authorized emergency response to a hazardous material incident within 45 days of the termination of the response. The claim for reimbursement must be made on STAn provided forms and must detail the reasonable and necessary costs of the response as provided in Clause II, Section A Item 3. The STATE will process completed forms for reimbursement within thirty (30) days ofreceipt. The tota amount of reimbursement penaining to Clause II, Section A, Item 3 ofthis agreement shall not exceed the limits ofthi contract. 2. No more than ninety (90%) percent of the CONTRACTOR's compensation due under this contract shall be paid unti the final products ofthe contact have been reviewed by the agency head (or the individual who executed the contrac for the agency) entering into the contract and the agency head (or the individual who executed the contract for th. agency) has determined that the contractor has satisfactorily fulfilled all the terms of the contract. III. CONDITIONS OF PAYMENT. All services provided by CONTRACTOR pursuant to this contract shall be performed to the satisfactiO! ofthe STATE and in accordance with all applicable federal, state, and ]ocal laws, ordinances, rules, and regulations. CONTRACTOf shall not receive payment for work found by the STATE to be performed in violation of federal, state or local law, ordinance, rule 0 regulation. Lack of Appropriation: Continuation of this contract is contingent upon continued legislative appropriation of funds for the purpose ( this contract. If these funds are not appropriated, the STATE will immediately notity CONTRACTOR in writing and the contract wi! (Hopkins Chemical Assessment Team Page 4 tenninate. _. TERMS OF CONTRACT. This contract shall be effective on July I, 1997, or upon the date that the last signature is obtained by thE STATE, pursuant to Minnesota Statutes 16B.06, Subd.2, whichever occurs later, and shall remain in effect until June 30, 1999, or unti all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs first. CONTRACTOR UNDERSTAND:' THAT NO WORK SHOULD BEGIN UNDER THIS CONTRACT UNTIL ALL REQUIRED SIGNA TURES HAVE BEEt-. OBTAINED, AND CONTRACTOR IS NOTIFIED TO BEGIN WORK BY THE STATE'S AUTHORIZED AGENTS. V. CANCELLATION. A. Cancellation by STATE. This contract may be cancelled by the STATE at any time, with or without cause, upon thirty (30) day' written notice to the CONTRACTOR. I. In the event of such a cancellation for cause, CONTRACTOR shall refund to the STATE a pro rata amount of thE contract and funds received by CONTRACTOR for compensation in accordance with Clause II., Section A., Items J and 2. CONTRACTORS who have satisfied the requirements of75I4.0600 prior to the date of cancellation shall ne be subject to the pro rata refund provision contained in this clause. 2. In the event of such a cancellation, CONTRACTOR shall be entitled to payment of CONTRACTOR's Emergenc) Response Compensation in accordance with Clause II, Section A, Item 3, incurred under this Agreement as the resu' of a state authorized emergency response to a hazardous materials incident, for services performed until the effectiv, date of cancellation. B. Cancellation by CONTRACTOR. This contract may be cancelled by CONTRACTOR at any time, with or without cause, UpOl ninety (90) days written notice to the STATE. ]. ]n the event of such a cancellation, CONTRACTOR shall refund to the STATE a pro rata amount of the contract an, funds received by CONTRACTOR for compensation in accordance with Clause II, Section A., Items I and 2 CONTRACTORS who have satisfied the requirements of 7514.0600 prior to the date of cancellation shall not b, subject to the pro rata refund provision contained in this clause. 2. In the event of such a cancellation, CONTRACTOR shall be entitled to payment of CONTRACTOR's Emergenc) Response Compensation in accordance with Clause II., Section A, Item 3, incurred under this Agreement as the resul of a state authorized emergency response to a hazardous materials incident, for services performed until the effectiv date of cancellation. VI. AUTHORIZED AGENTrS). The STATE'S authorized agents for the purposes of administration of this contract are the State Fin Marshal and Director of the Minnesota Division of Entergency Management, or their designees. Such agents shall have final authorit: for acceptance of CONTRACTOR'S services and if such services are accepted as satisfactory, shall so certifY on each invoice submitte, pursuant to Clause n, Section B. CONTRACTOR's authorized agent for the purposes of administration of this contract is the Hopkins Fire Department Chief, 10 10 Fir> Street South, Hopkins, Minnesota, 55343. VII. ASSIGNMENT. CONTRACTOR shall neither assign nor transfer any rights or obligations under this contract without the prior writtel consent of the STATE. VllI. AMENDMENTS. Any amendments to this contract shall be in writing and dated, and shall be executed by the same parties who execute' the original contract, or their successors in office. IX. LIABILITY. CONTRACTOR agrees to indemnifY, save and hold harmless the STATE, its agents a.nd employees from any and all claim or causes of action, including all reasonable attorney's fees incurred by the STATE, arising from the performance of this contract b: CONTRACTOR or CONTRACTOR's agents or employees. Except, in accordance with the provisions of Minnesota Statutes, Chapte 299A.51, Subdivision ] and Minnesota Rules, Chapter 75]4.2000, during operations authorized under Section 299A.5C CONTRACTOR's employees operating outside their geographic jurisdiction as defmed in Clause XVI, Item D of this contract ar, employees of the Department of Public Safety for purposes of Section 3.736. Coverage is initiated once the team is activated by th, (Hopkins Chemical Assessment Tean Page ~ STATE for operations authorized by the STATE, and the team is outside its geographic jurisdiction. This clause shall not be construe to bar any legal remedies CONTRACTOR may have for the STATE'S failure to fulfill its obligations pursuant to this contract. STATE AUDITS. The books, records, documents, and accounting procedures and practices of the CONTRACTOR relevant to thi, contract shall be subject to examination by the contracting department and the Legislative Auditor. XI. DATA PRACTICES A. The CONTRACTOR agrees to comply with the Minnesota Data Practices Act as it applies to all data created, gathered 0 acquired in accordance with this contract. B. Any publicity given the program, publications or services provided resulting from this contract including, but not limited to notices, informational pamphlets, press releases, research reports, signs and similar public notices prepared by or for th, CONTRACTOR, or its employees individually or jointly with others; shall identify the STATE as the sponsoring agency and shall not be released prior to approval by the STATE's authorized agents, or their designee. This provision shall not apply to infonnation provided to the incident commander during a state authorized emergency response to a hazardous material: incident. XII. AFFIRMATIVE ACTION. (When this contract is in excess of $50,000) CONTRACTOR certifies that it has received a certificate 0 compliance from the commissioner of Human Rights pursuant to Minnesota Statues, Section 363.073, and, it is hereby agreed betweel the parties that Minnesota Statutes, Section 363.073, and Minnesota Rules, Parts 5000.3400 to 5000.3600 are incorporated into thi: contract by reference. A copy of Minnesota Statutes 363.073, and Minnesota Rules, Part 5000.3400 to 5000.3600 is available UpOl request from the STATE, or the Minnesota Department of Human Rights. XIII. WORKERS' COMPENSATION. CONTRACTOR certifies that it has complied with the workers' compensation insurance coverag( requirement of Minnesota Statutes, Section 176.181, subdivision 2. Except, in accordance with the provisions of Minnesota Statutes, Chapter 299A.51, Subdivision 2, during operations authorized under section 299A.50, CONTRACTOR's employees operating outside their geographic jurisdiction as defined in Clause XVI, Item D of thi contract are employees of the Department of Public Safety for purposes of Chapter 176. Coverage is initiated once the team is activate, by the STATE, for operations authorized by the STATE, and the team is outside its geographic jurisdiction. XIV. ANTITRUST. CONTRACTOR hereby assigns to the State of Minnesota any and all claims for over charges as to goods and/or service: provided in connection with this contract resulting from antitrust violations which arise under the antitrust laws ofthe United States an, the antitrust laws of the State of Minnesota. XV. JURISDICTION AND VENUE. This contract, and amendments and supplements thereto, shall be governed by the laws of the State 0 Minnesota. Venue for all legal proceedings arising out of this contract, or breach thereof, shall be in the state or federal court wit! competent jurisdiction in Ramsey County, Minnesota. XVI. OTHER PROVISIONS. (All Appendices A through G are hereby incorporated and made a part of this agreement.) A. The STATE reserves the right, with the CONTRACTOR's approval, to extend this contract for up to an additional one and one half (I 1/2) years, in a minimum of one (I) year increments, from the expiration date of this contract. B. Primary Response Area Boundaries: For purposes of Clause I, CONTRACTOR's primary response area boundaries an established as described in Appendix A: C. Secondary Response Area Boundaries: For purposes of Clause I, CONTRACTOR's secondary response area boundaries an established as described in Appendix B: D. CONTRACTOR's Geographic Jurisdiction: For purposes of Clauses IX and XIII, CONTRACTOR's normal geographi< jurisdiction is established as described in Appendix C: E. STATE owned Vehicles, Trailers and Equipment Loaned to CONTRACTOR: STATE agrees to loan to CONTRACTOR thE hazardous materials emergency response vehicles and equipment identified in Appendix D, in accordance with the followint terms and conditions: (Hopkins Chemical Assessment Tearr; Page 6 1. CONTRACTOR may use and have possession of the vehicles, trailers and equipment identified in Appendix D. 2. The STATE shall retain title and legal ownership of loaned vehicles, trailers and equipment identified in Appendi> D, and provide for their replacement. 3. The STATE shall, upon request of CONTRACTOR, train at least one person designated by CONTRACTOR in the proper handling, use and maintenance of the vehicles, trailers and equipment identified in Appendix D. The STATE shall provide this training to CONTRACTOR'S personnel without cost, other than travel and related expenses. 4. The STATE shall maintain all necessary inventory control records on the vehicles, trailers and equipment identi- fied in Appendix D. 5. The STATE shall administer any manufacturer's warranty claims which may result during CONTRACTOR'S use of the vehicles, trailers and equipment identified in Appendix D. 6. The STATE will provide CONTRACTOR with technical assistance as necessary regarding the proper handling, use and maintenance of the vehicles, trailers and equipment identified in Appendix D. 7. CONTRACTOR shall keep and maintain the vehicles, trailers and equipment in proper operating condition. 8. CONTRACTOR shall resupply all disposable, expired and consumable components originally provided by the STATE, and shall supply any other necessary disposable and consumable components not provided by STATE, at CONTRACTOR's expense, 9. CONTRACTOR shall be responsible for the cost of repairing or replacing vehicles, trailers and equipment which have been lost, or in the opinion of the STATE, has been damaged due to abuse, misuse, or other cause outside the scope of normal wear and tear incurred in routine proper use. The STATE shall determine whether the vehicles, trailers and equipment shall be repaired or replaced. 10. CONTRACTOR shall be responsible for the costs of routine maintenance and repair in accordance with the manufacturer's recommendations. II. CONTRACTOR shall return the vehicles, trailers and equipment identified in Appendix D to the STATE upon termination, expiration, or cancellation of the contract. All such items to be delivered or shipped to the STATE, postage and handling charges prepaid by CONTRACTOR. 12. CONTRACTOR shall not permit the vehicles, trailers and equipment to be tampered with or operated by individu- als who are not trained in their proper handling and operation. 13. CONTRACTOR agrees to designate one or more person(s) to be trained by the STATE in the proper handling, use and maintenance of the vehicles, trailers and equipment. CONTRACTOR shall bear the cost of any travel and related expenses incurred by any person attending training. 14. The person(s) trained by the STATE in the proper use, handling and maintenance ofthe vehicles, trailers and equipment shall provide that training to CONTRACTOR'S team members and other appropriate personnel. 15. CONTRACTOR shall make the vehicles, trailers and equipment available to personnel authorized by the STATE when required for inventory or inspection purposes. 16. CONTRACTOR may make the decontamination shelter system and related equipment available to personnel authorized by the STATE in order to facilitate training to other public safety agencies and personnel in its proper handling, use and maintenance. CONTRACTOR is not required by this contract to provide such training outside of CONTRACTOR's own employees, but may do so at CONTRACTOR's discretion. (Note: Whenever equipment is out of service CONTRACTOR must immediately notifY the STATE.) 17. CONTRACTOR agrees to provide secure heated storage for vehicles, trailers and equipment identified in (Hopkins Chemical Assessment Team) Page 7 Appendix D. 18. Insurance: CONTRACTOR agrees to provide the STATE a certificate(s) of insurance, or a statement of self- insurance, naming the STATE as an additional insured under the policy(s) prior to the execution of this contract, for the following coverage: a. STATE Owned Vehicles and Trailers Loaned to CONTRACTOR: I) Automobile Physical Damage: CONTRACTOR agrees to provide automobile physical damage (comprehensive and collision) coverage on all vehicles loaned to CONTRACTOR by the STATE: and, 2) Automobile Liability (Non-governmental Entities): CONTRACTOR agrees to provide automobile liability coverage, including hired and non-owned automobiles, of not less that $1.0 million dollars combined single limit on all vehicles loaned to CONTRACTOR by the STATE; or 3) Automobile Liability (Governmental Entities): CONTRACTOR agrees to provide automobile liability coverage on all vehicles loaned to CONTRACTOR by the STATE. The limits of liabilit) for such coverage must be $200,000 for bodily injury and property damage per person, and $600,000 bodily injury and property damage per occurrence. b. CONTRACTOR Owned Vehicles and Trailers: I) Automobile Liability (Non-governmental Entities): CONTRACTOR agrees to provide automobile liability coverage, including hired and non-owned automobiles, of not less than $1.0 million dollars combined single limit on all CONTRACTOR owned or leased vehicles; or 2) Automobile Liability (Governmental Entities): CONTRACTOR agrees to provide automobile liability coverage on all CONTRACTOR owned or leased vehicles. The limits of liability for such coverage must be $200,000 for bodily injury and property damage per person, and $600,000 bodily injury and property damage per occurrence. c. STATE Owned Equipment Loaned to CONTRACTOR: CONTRACTOR agrees to provide "All Risk" property floater insurance, or equivalent self-insurance, which provides replacement cost coverage on all STATE owned property loaned to CONTRACTOR by the STATE. d. CONTRACTOR may recover the cost of such insurance from the STATE in accordance with Clause 11, Section A, Item I e, of this Agreement. F. Reporting Requirements - Annual! Semi-Annual: In addition to the report required by Clause I, Section I. of this Agreement, CONTRACTOR agrees to provide the STATE wit! the following reports: 1. Annual Report: Not later than January 30 of each year, CONTRACTOR agrees to submit an annual report to th, STATE which, at a minimum, contains the following information for the preceding calendar year: a. Certification that team members have received training that meets the requirements of Minnesota Rules Chapter 7514.0600; b. Certification that team members meet the medical requirements of Code of Federal Regulations, Title 29 Section 1910.120; c. A detailed inventory of all hazardous materials vehicles, equipment, and supplies loaned to CONTRACTOF by the STATE, and owned by CONTRACTOR; (Hopkins Chemical Assessment Team Page 8 d. A list of team training activities including exercises, whether conducted by CONTRACTOR or anothel jurisdiction, in which CONTRACTOR participated; e. A current roster of team personnel which identifies each member's level of hazardous materials training; anc f. Any recommendations for enhancement or improvement of the regional response team program. 2. Semi-Annual Report: Not later than July 31 of each year, CONTRACTOR agrees to submit a semiannual report to the STATE which, at a minimum, contain the following information for the preceding six (6) month period: a. A list of team training activities including exercises, whether conducted by CONTRACTOR or anothel jurisdiction, in which CONTRACTOR participated; b. A current roster of team personnel which identifies each member's level of hazardous materials training; c. A detailed inventory of all hazardous materials vehicles, equipment and supplies loaned to CONTRACTOF by the STATE and owned by CONTRACTOR; and d. Any recommendations for enhancement or improvement of the regional response team program. G. Point of Contact for Team Dispatching: CONTRACTOR agrees to maintain a single point of contact which will be used by the STATE to dispatch CONTRACTOR. CONTRACTOR's single point of contact is established as identified in Appendix E. H. For purposes of this Agreement, the designees of the STATE'S Authorized Agents are included as Appendix F of the Agreement. 1. For purposes ofthis Agreement, CONTRACTOR's primary and alternate representative(s) to the Hazardous Materials Regiona Response Team Program Team Advisory Committee are included as Appendix G of the Agreement. J. This instrument embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations othe! than those contained herein; and this contract shall supersede all previous communications, representations, or agreements either verbal or written, between the parties. K. The failure of one party to enforce any provision of this Agreement shall not constitute a waiver by that party ofthat or any othe: provision. (Hopkins Chemical Assessment Tearr Page 9 APPENDIX A Description of CONTRACTOR'S Primary Response Area CONTRACTOR'S Primary Response Area is described as follows: The entire Minnesota counties of Carver, McLeod, Renville, and Scott. In Hennepin County, all areas excluding that area of the Cit} of Minneapolis located north of the Mississippi River, and the cities of Brooklyn Center, Brooklyn Park, Champlin, Dayton, Osseo, and St. Anthony. (Hopkins Chemical Assessment Tean Page 10 APPENDIX B Description of CONTRACTOR'S Secondary Response Area CONTRACTOR'S Secondary Response Area is described as follows: The entire state of Minnesota not identified as the CONTRACTOR'S Primary Response Area in Appendix A. (Hopkins Chemical Assessment Tearr Page 11 APPENDIX C Description of CONTRACTOR'S Normal Geographic Jurisdiction CONTRACTOR'S normal geographic jurisdiction is described as follows: For purposes of this agreement, CONTRACTOR'S normal geographic jurisdiction is the corporate limits of the City of Hopkins. (Hopkins Chemical Assessment Team) Page 12 APPENDIX D List of STATE Owned Vehicles, Trailers and Equipment Loaned to CONTRACTOR ITEM QUANTITY Reference Material ACGIH Threshold Limit Values and Biological Exposure Indices Agricultural Chemicals Book - Volumes I through 4 Agricultural Directory and Hazard Response Handbook Association of American Railroads Emergency Action Guides Association of American Railroads Tank Car Manual CHRIS Hazardous Chemical Data Manual Comprehensive Guide to Hazardous Properties of Chemical Substances Crop Protection Chemical Reference DOT Emergency Response Guidebook Emergency Care for Hazardous Materials Exposure Emergency Handling of Hazardous Materials in Surface Transportation Farm Chemicals Handbook Firefighter's Handbook of Hazardous Materials Firefighter's Hazardous Materials Reference Book and Index General American Tank Car Company (GA TX) Tank Car Manual Guidebook for the Safe Use of Hazardous Ag. Farm Chemicals & Pesticides Handbook of Compressed Gases Hawley's Condensed Chemical Dictionary Hazardous Chemicals Desk Reference Hazardous Materials Exposure: Emergency Response and Patient Care A>zardous Materials Injuries: A Handbook for Pre-Hospital Care W'PA Fire Protection Guide on Hazardous Materials NIOSH Pocket Guide to Chemical Hazards SAX's Dangerous Properties ofIndustrial Materials Symbol Seekers The Pesticide Book Hazardous Materials Regional Response Team Program Suggested Operating Guidelines and Administrative Procedures Manual I I I I I I I I I I I I I I I I I I I I I 1 1 1 I I Decontamination Equipment Astro Turf Mats Brushes, Soft Bristle Long Handle Decontamination Shelter System (Components) A ir Bailie Regulator Hot Water Heater Disposable Pool Garden Hose, 25 ft. sections with Connector Heaters Multiple Shelter Connecting Unit Pressure Control Unit Shelter, Compartmentalized Shelter, Open Interior Shower, Inside Shower, Outside Spray Wand .. Tent Stakes r Wash Brushes with Garden Hose Connection Patay Diaphragm Pump, with Hoses and I Extra Set Nitril Diaphragms 3 3 I I 4 2 2 I 2 I I I I I 16 2 I (Hopkins Chemical Assessment Team Page 13 Steel Salvage Drum, 30 gal Emergency Eyewash Kit, Saline Solution ~ding Chairs or Stools ding Table, 72" x 30" olding Table, 60" x 30" Foot Stools/Step - Plastic Lighting System - Flood, with Generator (6K) 3 I 6 I I 2 I Personal Protective Equipment MSA Ultra Twin Air PurifYing Respirators, with 30 GME-H Canisters Air PurifYing Respirator Fit Test Kit Air PurifYing Respirator Fit Test Tent Chemical Resistant Boots , Electrostatic Dissipating Gloves, Assorted Materials - Butyl, Neoprene, Nitrile, PVC, Viton, Kevlar Neoprene/Nitrile Silver Shield / 4-H PVC / Nitrile Viton Kevlar Sol-Vex Nitril Goggles Hard Hats / Rescue Helmets Level A Kappler Reflector Encapsulating Suits Level A Kappler Responder Plus Encapsulating Suits Level B Kappler Responder Encapsulating Suits Level B Kappler CPF 3 Non-Encapsulating Suits Level B Kappler CPF 2 Non-Encapsulating Suits tvel C Kappler Disposable Suit el A Training Suits uit Test Kit Vinyl Gloves Kappler Computerized Chemical Permeation Suit Selection Guide 6 I I 12 pro 12 pr 12pr. 12 pro 12 pro 12 pro 24pr. 6 pro 6 2 4 4 20 24 I cs 2 1 2 bxs. 1 Leak Control Supplies and Equipment Bonding and Grounding Equipment Dome Cover Clamps Drum Upender I set I set I Radio and Other Communications Equipment Cellular Phone, Dual Nam Cellular PhonelFax System Mobile Radio - 100 watt Portable Radio - 5 watt Portable Radio Gang Charger Portable Radio Single Charger Portable Radio Spare Batteries In-Suit Communications Equipment 1 1 1 3 I 1 3 I set Computer EquipmenUSoftware ALOHA Software ARCHIE Software CAMEO II Windows and Supporting Maps IBM Compatible PC, Printer and Modem .nitoring and Detection Eqnipment Air Sampling System SpilFyter Kit (Hopkins Chemical Assessment Tean; Page 14 HazCat Kit Colorimetric Detection Tube Kit 4Simeters aeger CMS Kit rum Sampler - Coliwasas Tubes 4 Gas Monitor 4 Gas Monitor Calibration Gas Kit Toxic Gas Monitor Toxic Gas Monitor Calibration Gas Kit Radiological Monitor - Victoreen Radiological Monitor - Civil Defense WeatherPak Meteorological Station I I 3 I 3 2 1 1 I I 2 I Basic Suppression Equipment PolarlNon-Polar Foam (100 gaL) Class D Powder Foam Eductor Foam Application Nozzle - A TFF 1 A TC Foam Application Nozzle - 20: 1 I I 1 1 I Mitigation Supplies and Equipment Citric Acid, 30 gals. Soda Ash, 40 lb. bags Spill-X Acid Neutralizer, 5 gal. Spill-X Caustic Neutralizer, 5 gal. I 3 I 1 Spill Containment Supplies and Equipment Absorbent BoomslPadsIPiIlows Antainment Boom - 75 ft. ~sorb Type Absorbent, 40 lb. Lab Packs Magic Sorb, 25 lb. bags Plug-N-Dike 1 Bentonite Clay, 5 gal. pail Poly Overpack Drum, 95 gal. Poly Overpack Drum, 65 gal. Spilstopper Drain Cover Mat Steel Salvage Drum, 85 gal. Steel Salvage Drum, 55 gal. Steel Salvage Drum, 30 gal. Steel Salvage Drum, 15 gal. Steel Salvage Drum, 8 gal. Two Wheel Drum Truck I set 1 4 I set 2 1 1 I I I I I I 1 I Assorted Non-Sparking and Hand Tools Non-sparking Bung Wrench Non-sparking Scoop Shovels Non-sparking Square Nose Shovels Steel Spade Shovels I 2 2 4 Incident Management and Administrative Supplies and Equipment ICS Vest System Vehicle and Trailer .evrolet Suburban, 3/4 Ton 4 Wheel Drive and Components 600 wall inverter Ballery Conditioner Electric Trailer Brake System I I I I (Hopkins Chemical Assessment Team Page 15 Electronic Engine Idler Emergency Lighting System Passenger Safety Screen Radio Console Roll-out Storage Troy Siren System StreamLite Hand Lanterns and Chargers Trailer Hitch and Wiring 16 Foot Pace American Hazardous Materials Equipment Trailer and Components Electric Trailer Jack Emergency Light Warning System Metal Shelving Propane Bottles, 40 lb 1 I I 1 1 1 3 I 1 I I 2 2 (Hopkins Chemical Assessment Team Page 16 APPENDIX E Description of CONTRACTOR'S Single Point of Contact for Team Dispatching CONTRACTOR'S single point of contact for purposes ofteam dispatching is described as follows; For purposes of this agreement, CONTRACTOR'S single point of contact for purposes of team dispatching is located at the City of Hopkins Dispatch Center, 1010 First Street South, Hopkins, Minnesota, 55343. The 24 hour emergency telephone number for purposes ofteam dispatching is 612-935-3321. The non-emergency telephone number is 612-938-8885. The person responsible for operation of CONTRACTOR'S single point of contact is Heather Alex, Administrative Services Manager, City of Hopkins, 1010 First Street South, Hopkins, Minnesota, 55343. (Hopkins Chemical AssessmentTeam, Page 17 APPENDIX F List of Designees of the STATE'S Authorized Agents STATE'S Authorized Agents: Thomas R. Brace James D. Franklin State Fire Marshal Director - Division of Emergency Management Designees of STATE'S Authorized Agents: Bob Dahm Ed Leier Kevin Leuer MN State Fire Marshal Division MN Division of Emergency Management MN Division of Emergency Management Other persons identified by the STATE to CONTRACTOR in writing. Authority of Designees: Clause II, Section A, Item 2 Authorization to approve Contractor's Compensation budget deviations of 20% or less. Clause II, Section A, Item 4 Authorization to approve Emergency Response Compensation in excess of $5,000.00. Clause II, Section B, Item 1 Authorization to approve invoices for Contractor's Compensation and Emergency Response Compensation. Clause XI, Section B Authorization to approve publicity or publications prepared by or for the CONTRAC- TOR. The undersigned hereby delegate the authorities listed above to those persons identified as Designees ofSTA TE'S Authorized Agents. These authorities are delegated until revoked in writing. if fL~~ ~~ Minnesota State Fire Marshal 5 ;;z../p? Date lin nesota Division of Emergency Management S/ll.lrl Date ' {Hopkins Chemical Assessment Team Page J 8 , APPENDIX G List of CONTRACTOR'S Primary and Alternate Representatives to the Hazardous Materials Regional Response Team Program Team Advisory Committee CONTRACTOR'S primary and alternate representatives to the Hazardous Materials Regional Response Team Program Team Advisory Committee are as follows: I. Primary Representative Don Beckering, Chief Hopkins Fire Department 10 10 First Street South Hopkins, Minnesot 55343 II. Alternate Representative(s) David Klocek, Assistant Chief Hopkins Fire Department 1010 First Street South Hopkins, Minnesota 55343 (Hopkins Chemical Assessment Team) Page 19 IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. _ROVED: 1. CONTRACTOR: CONTRACTOR certifies that the appropriate person(s) have executed the contract on behalf of the CONTRACTOR as required by applicable articles, by-laws, resolutions, or ordinances. By As to form and execution by the 3. ATTORNEY GENERAL: Title By Date Title By Date Title 4. COMMISSIONER OF ADMINISTRATION: By 2. STATE AGENCY: By Title Title Date Date Distribution: Agency - Original (fullY executed) contract Department of Administration Contractor State Authorized Representative (Hopkins Chemical Assessment Teal' Page 2'