CR 99-098 Approval of State Contract Auth Hopkins FD to Cont as a State of Mn HMCA Team
'\ y 0
\
V It-
June I, 1999 m Council Report 99-098
-Y '"
o P K \ ~
. 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 of the following motion: Move to adopt Resolution 99-041 approving the
signing of the agreement with the State of Minnesota authorizim! the Hopkins 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 one year contract for July, 1st 1999 through June 30th 2000 has been given to us by
the State for our signatures. There have been only minor changes from the current contract,
Since the teams have gone in service there have been only a couple dozen team activation's state wide.
The Hopkins team was called out on 6 of those since the signing of our first contract in September, 1996.
e All costs related to this were paid for with state funds,
Primary 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.
Supporting Information,
o Letter from State Team Administrator, Bob Dahm, outlining contract changes
o Resolution #99-041
o Hopkins/ State of Minnesota Contract
'tJ
e Don Beckering
Fire Chief
MINNESOTA DEPARTMENT OF PUBLIC SAFETY
State Fire Marshal Division
444 Cedar Street, Suite 145, St Paul. Minnesota 55101,5145
Phone: 651/715 0500 FAX: 651,215,0525 TTY: 651/282-6555
Inter net: http://www,dps,state.rnn,L1s
Date: May 3, 1999
To: Don Beckering, Chief
Alcohol & Hopkins Fire Department
Gamhlll1\l 1010 First Street South
Enforcement Hopkins, MN 55343
Bureau of From: Bob Dahm, Bureau Chief I
Criminal
Apprehension Hazardous Materials Regio
Capitol Seclllity Phone: 651-215-0505
Drive! & Vehicle Fax: 651-215-0541
Services Email: robertdahm@state,mn.us
Emrc;rqency Subject: FY2000 Hazardous Materials Regional Response Team Program Contract
Mallugfnnent/
Enler~Jellcv ---~------------------------------------------~--------
Response ----~---------------------------~-----------~----------
COll1lllissioll
. Enclosed you will find six (6) copies of the FY2000 Hazardous Materials Regional Response
Stilte Fi re Team Program contract between the Minnesota Department of Public Safety and the City of
Marshilli Hopkins Fire Department The initial approval and encumbrance process has been
Pipeline Safety completed and the contract is now ready for execution by the City of Hopkins,
Slate Patl ul
Please check the contract to ensure that it has been prepared in accordance with your
TI attic Safety Contract Development Form and advise me immediately if you discover any errors, I
encourage you to pay particular attention to the contractor's compensation budget amounts
and the response cost charges sections,
The only State revisions made to this contract involve statutory citations which changed since
the last contract was issued and additions (or deletions) to the inventory of State owned
equipment recently issued or pending purchase.
Please return all six (6) copies of the contact, signed by the appropriate local officials, alonq
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, 1999, that funds identified in the contract may be
expended,
Thank you for your continued support of the Hazardous Materials Regional Response Team
~lll','NESOTA Program.
1'11ll.1I "'_ilTn
BD:bd
e Enclosures
EOUAI UPPORTUNIn ErvJPWYEH
It City of Hopkins
Hennepin County, Minnesota
RESOLUTION NO. 99-041
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 lHEREFORE, 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 1st day of June, 1999.
By:
Chuck Redepenning, Mayor
ATTEST:
Terry Obermaier, City Clerk
e
OR\GINAL
ST A TE OF MINNESOT A
e CONTRACTUAL (non-state employee) SERVICES
Accounting Informatiun: State Authorized Incidents set up in a separate allotment
Agcncy: ~b? VendorNumhcr: ,!)..;J ~, lei [;:)/ -i) {)
Total Amount ofl't1nlract: p 6', [0 () Anlt)untofContractFirslFY: Jfy(l, d {/ D
Comm(\uilyl'odc: COllllTIodityCouc: Comll1odityCouc:
OhjectCoue: ,::2D '7 CJ OhjcctCodc: ()hJcct Cude:
Amount -hIe I () cJ () Amount: Amounl:
Accounting Distribution I: Accounting Distribution 2: Accounting Distribution 3:
Fund' /CO Fund: Fund:
Appr: ,;LC [) Appr: Appr:
Org/Sub, d-d- / I OrglSub: Org/Sub:
f---
Rcpt Catg' Rcpl Catg: Rcpl Catg:
Amulmt ;5 '!Cf C} (){) Amount: Amount:
Processing Information: (Some entries may not apply)
;({) ,;;C[lO -,?tfJ- YI.: I C;c.1 -
Requisition: :leV /*.E, Solicitation:
.Iract: Number/Date/Entry Initials N UITI ber/Date/Entry Initials
Order: ' ::;:7 iv{: - tJc 1- S-
N L1mber/Datc/Entry Initials N um berIDa telS igna tures
/lmlividua{ sii:llillg certifies tlwt ftl/ul5 have heell
e11cumbered {IS required by 11Ii111l. Stat.16A.15 amI
16C.fJ5j
NOTICE TO CONTRACTOR: You arc required by Minnesota Statutes Section 270.66 to provide your social security number or Minnesota tax
identification number ifyoll do business with the State of Minnesota, This infonnation may be used in the enforcement of fcdcral and state tax
laws. Supplying these Ilumbcrs could result in action to require you to file state tax returns and pay delinqucnt state tax liabilities, This contract
will not he approved unless these numbers are provided, These numbers will be available to federal and statc tax authurities and stale personnel
invoolved in the payment of state obligations.
Contractor Name and Address: Hopkins Fire Department
10 10 First Sh'ect South
Hopkins, Minnesota 55343
Soc, Sec. or FeJeral EmploycrLD. No.: 41-6005247 MinnesotaTax LD, No,: 8022882
nns PAGE OF THE CONTRACT CONT,UNSPRflA TE INFORi~l'J TfON.
EXCEPT AS DE FlNED ABOVE, TIllS PACE SHOULD NOT BE REPRODUCED ORDlSTRlliUfED WITHOUT EXPRESS
e WRITTEN PERMISSION OF TIlE CONTRACTOR
Jj~VOII circlIlate this cOl1tract illterJ1al~v. DO NOT include this page,
(Hopkin:; Chemical Assessment Team)
Cov~r Page
THIS CONTRACT, which shall be interpreted pursuant to the laws of the State of Minnesota, between the Slate of Minnesota, acting through its
DepartmentofrubJic Safety (hereinatterST ATE)and the Hopkins Fire Department. 10 10 First Street South, Hopkins, Minnesota,55343, (hereinafter
CONTRACTOR). witncsseth that:
.EREAS, the STATE, pursuant to Minnesota Statutes 15,06] and Minnesota Statutes ~99^-50, Subdivision~, is empowered to enter into
contracts with other state departments and agencies, local units of government, other states, Indian tribes, the federal government, or other
nonpublic persons to implement the provisions of Minnesota RLlles, Chapter 7514, and
WHEREAS, the Minnesota Legislature has determined the need exists fora system of regionally located Hazardous Materials Emergency Response
Teams and Hazardous Materials Chemical Assessment Teams to assist local authorities in protecting the public safety from the effects 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 Materials
Chemical Assessment Team,
NOW, THEREFORE, it is agreed:
l. CONTRACTOR'S DUTIES, CONTRACTOR, who is not a state employee, except as defined in Minnesota Stahltes, Chapter ~99k51,
Subdivisions] and~, shall be responsible for all terms, tasks and conditions assigned by Minnesota Statute, Chapter ~99A.48 to 299A.52
and Minnesota Rules, Chapter 7514, including but not limited to the following:
k Respond to hazardous materials incidents occurring in CONTRACTOR'S primary and secondary response areas when
requested;
B. Respond to any response area in the state when directed to do so by the Commissioner of Public Safety (MinJl<!sota Rules.
Chapter 7514.0900, Subpart 1);
C Coordinate on-scene emergency response operations with local, state, and federal agencies, Indian tribes, and private response
. organizations through the Minnesota Incident Management System (Minncsota Rules. Chapter 7514,1800, Subpart I):
n Ensure that tcam members arc in compliance with the initial, continuing education, and team training requirements established in
Minnesota Ru]es, Chapter 7514,0600, Subparts 1 to 4, and annually certify such compliance to the Commissioner (Minne.wta
Rules. Chapter 7514, U600, Subpart 6);
E Ensure that team members are in compliance with the medical requirements established in Minnesota Rules, Chapter 7514.0600,
Subpart 7, and annually certify such compliance to the Commissioner (lvlinl1esutLl Rules, Chapter 7514,0600, Subpart 7):
F Deploy team personnel and equipmentto a hazardous materials incident with in an average offifteen ( 15) minutes from the time the
decision is made to dispatch the team (I\Iinncsota Rules. Chapter 7514JJ500). For purposes of the clause, the decision to
dispatch the team will be considered made at the time the CONTRACTOR'S point of contact for purposes of dispatching the team,
as identi fled 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 fonnal evaluation of the team's response to each incident as required by Minnesota Rules, Chapter 7514,1300;
I. Submit a detailed report ofthe 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;
1. Designate a primary and one or more alternate representative(s) to the Hazardous Materials Regional Response Team Program
Team Advisory Committee, who will make every reasonable attempt to attend meetings ofthe committee and have the authority
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 and
other administrative procedures of the Hazardous Materials Regional Response Team Program, provided by the Commissioner,
as required by Minnesota Rules, Chapter 7514,0700, Subpart 2, and who will be responsible for providing that instruction to other
team members;
(Hupkins Chemical Asscssmcnt Team)
Page]
L Maintain ami store emergency response vehicles ami equipment, whether loaned to CONTRACTOR by the STATE, or owned by
CONTRACTOR, in proper working order and ready for response at all times, except as may be necessary for the performance of
. routine or necessary maintenance, repairs or replacement. CONTRACTOR must immediately notify the STATE whenever
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 and >,
and take all appropriate measures to identify to the STATE the responsible person for each incident
N. Main tain the m in imum composition of team members requ ired by Minnesota Ru les, Chapter 75 14.0800;
n Respond to each incident with three (3) persons certified to the levels of hazardous materials training required by Minnesota
Rules, Chapter7514.0800, Subpart6;
p. Respond to incidents and assist local authorities by providing technical advice to local incident commanders and recommending
mitigation actions necessary to protect life, propcrty and the environment that are in keeping with locally available levels of
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, lo assess an incident, develop and recommend
mitigation strategies, and assist with response operations (Minnesota Rules. Chapter 7514,0900, Subpart 4),
11 CONSIDERA TION ANDTERMSOFPA YMENT
A. Consideration for all services perfonned and goods or materials supplied by CONTRACTOR pursuant to this contract shall be
paid by the STATE as follows;
L 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 $4,000.00 beginning July I, 1999 through June 30, :2000
b, Training - Annual cost of training team personnel (excluding exercise training);
Nottoexceed $20,000,00 beginning July 1, 1999 through June 30,2000
Training - Annual cost of exercise training;
Not to exceed $2,000,00 beginning July 1, 1999 through June 30,2000
c. Medical Exam inations - Cost of annual medical examinations for team personneL
Notto exceed$3,OOO,00 beginning July 1,1999 through June 30, 2000
d, Consumable Supplies - Initial cost of consumable supplies;
Notto exceed $3,OOO.OObeginningJuly I, 1999 through June 30, 2000
e, Administration - Program administration costs;
N otto exceed $3,000.00 beginning J lI1 Y 1, 1999lbrough June 30, 2000
f Maintenance - Equipment maintenance costs;
e Not to exceed $5,000.00 beginning July 1, 1999 through June 30, 2000
') CONTRACTOR may submit a revised budget for any deviation of 20% or less between the funding categories listed
above during the state fiscal year ofthis contract (See Clause II, Section A, Item 5), However, the revised budget must
(Hopkins Chemic;!1 Assessment Te~m)
Page 2
bl: approved by the ST A IE'S authorized agents before any expenditures may be made based on the revised budget
Any deviation greater than 20~'o between the funding categories listed above during the state fiscal year ofthis contract
. (See Clause II, Section A, Item 5) will require an amendmentto this Agreement. No deviation between funding categories
shall exceed the total dollar amount authorized for the state tlscal year ofthis contract
3, Emergency Response Compensation. CONTRACTOR shall be reimbursed by the STATE for the reasonable and
necessary costs associated with an actual response as follows:
a, Team Personnel Costs;
$40.00 per hour per person, including wages and fringe benefits, three (3) people, two (2) hour minimum,
Team personnel costs are valid through June 30,2000,
b, Additional Wage Costs for Local Callback PersonneL
$15,00 per person responding to the Hopkins Fire Station, but not responding to the scene of the incident, up
La a maximum of$150.00per incident.
Team personnel costs are valid through June 30, 2000.
c, Vehicle Operating Costs;
$35.00perhouL
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, Ifcosts exceed $500.00, the STATE
may requestcompetilive bids or quotes prior to the repair or replacement of equipment CONTRACTORS, who
are m unic ipalities, must comp I y with municipal bidding laws.
f 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,
<1 Administrative Costs Directly Resulting from the Emergency Response;
-
Up to $275,00 per State authorized emergency response. 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,
h, Costs Incurred in the use of Special Equipment as provided in Minnesota Rules, Chapter 7514, CWO;
J. Costs Incurred in the use of Special Technical Assistance as provided in Minnesota Rules, Chapter 7514,1200;
J Costs Associated with Providing Support to Cleanup Operations when Requested in Accordance with
Minnesota Rules, Chapter 7514,0900, Subpart 5;
e k. Costs Associated with Providing Standby Technical Assistance when Requested in Accordance with
Minnesota Rules, Chapter 7514.1600, Subpart 4 and;
L Other Direct Costs incurred by the CONTRACTOR as a Result of the Emergency Response,
(Hupkins Chemical Asscssment Tcam)
Page 3
4, Costs incurred under Clause II, Section A, Item 3 oflhis Agreement for any single response by CONTRACTOR may 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 materials
incident, incurred by 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 299 A.52,
5. The total obligation of the STATE for all compensation to CONTRACTOR incurred under Clause II, Section A, Item L
ofthis Agreement, shall not exceed Forty Thousand dollars ($40,000.00) from July 1, 1999 through June 30, 2000,
B. TCllnSofPayment
1. Payment shall be made by the STATE promptly after CONTRACTOR's presentation of invoices for services performed
and acceptance of such services by the STATE'S authorized agents pursuant to Clause VI. lnvoices shall be submitted
in a fonn prescribed by the STATE and according to the following schcdule:
CONTRACTOR's Compensation. CONTRACTOR shall submit a completed CONTRACTOR's Compensation
Reimbllfsement Packet monthly or quarterly for reimbursement of costs identified in Clause n, Section A, Items I and
2 ofthis Agreement. The STA TE will process completed Reimbursement Packets for compensation within thirty (30)
days ofreceipt. The total amount of reimbursement pertaining to Clause II, Section A, Items 1 and 2 of this Agreement
shall not exceed the limits of this contract.
Emergency Response Compensation. CONTRACTOR is responsible for submitting a claim for reimbursement for the
reasonable and necessary costs associated with a STATE authorized emergency response to a hazardous materials
incident within 45 days of the termination of the response. The claim for reimbursement must be made on ST ^ TE
provided forms and must detail the reasonable and necessary costs of tile response as provided in Clause 11, Section A,
. Item 3, The ST A TE will process completed forms for reimbursement within thirty (30) days ofreceipt. The total amount
of reimbursement pertaining to Clause II, Section A, Item 3 ohhis agreement shall not exceed the limits ofthis contract.
], In accordance with Minnesota Statutes 16C ,08, Subd. S(b), no more than ninety (90%) percent of the CONTRACTOR's
compensation due under this contract shall be paid until the fmal products of the contact have been reviewed by the
agency head (or the individual who executed the contract for the agency) entering into the contract and the agency head
(or the individual who executed the contract for the agency) has determined that the contractor has satisfactorily fulfilled
all the terms of the contract.
III. CONDITIONS OF PA YMEN'L All services provided by CONTRACTORpursuanttothis contract shall be perfonned to the satisfactionof
the STATE and in accordance with all applicable federal, state. and local laws, ordinances, rules, and regulations, CONTRACTOR shall not
receive payment for work found by the STATE to be performed in violation offederal, state or local law, ordinance, rule or regulation.
Lack of Appropriation: Continuation of this contract is contingent upon continued legislative appropriation of funds for the purpose of
this contract. If these funds are not appropriated, the STATE will immediately notify CONTRACTOR in writing and the contract will
teoo inute.
N, TERMS OF CONTRACT. This contract shall be effective on July I, 1999, orupon the date thatthe last signature is obtained by the STATE,
pursuant to Mitmesota Stahltes l6C ,OS, Subd.2, whichever occurs later, and shall remain in effect untiIJune 30, 2000, or until all obligations
set forth in this contract have been satisfactorily fulfilled, whichever occurs tirst, CONTRACTOR UNDERSTANDS THA TNO WORK
SHOULD BEGIN UNDER THIS CONTRACT UNTIL ALL REQUIRED SIGNATURES HA VE BEEN OBTAINED, AND CONTRACTOR IS
NOTIFIED TO BEGIN WORKBYTHE STATE'S AUTHOIUZED AGENTS.
V. CANCELLA nON,
A Cancellation by ST^ TE. This contract may be cancelled by the STATE or by the Commissioner of Adm in isn'ation at any time,
. with or without cause, upon thirty (30) days written notice to the CONTRACTOR,
1. 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 I and
(Hopkins Chemical Asscssm<:llt Team)
Page 4
L CONTRACTORS who have satisfied the rlC4uirements of 7514.0600 prior to the date of cancellation shall not 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 Emergency
Response Compensation in accordance with Clause II, Section A, Item 3, incurred under this Agreement as the result of
a state authorized emergency response to a hazardous materials incident, for services performed until the effective date
ofcancellation,
R Cancellation by CONTRACTOR, This contract may be cancelled by CONTRACTOR at any time. with or without cause, upon
ninety (90) days written noticc to the STATE,
I. In the cvent of such a cancellation, CONTRACTOR shall refund to the STATE a pro rata amount of the contract and
funds received by CONTRACTOR for compensation in accordance with Clause 11, Section k, Items I and 2.
CONTRACTORS who have satisfied the requirements of7514.0600 prior to the datc of cancellation shall not be subjcct
to the pro rata reftmd provision contained in this clause,
2, In the event of such a cancellation, CONTRACTOR shall be entitled to payment of CONTRACTOR's Emergency
Response Compensation in accordance with Clause I L, Section A, Item 3, incurred under this Agreement as the result of
a state authorized emergency response to a hazardous materials incident, for services performed until the effective date
of cancellation.
VI. A UTHO RIZED A G ENT(S ), The STATE'S authorized agents for the purposes of adm in istration of this contract are the State Fire Marshal
and Director of the Minnesota Division of Emergency Management, or their designees. Such agents shall have final authority for
acceptance of CONTRACTOR'S services and if such services are accepted as satisfactory, shall so certify on each invoice submitted
pursuant to Clause II, Section B.
CONTRACTOR's authorized agent for the purposes of administration ofthis contract is Hopkins Fire Department Chie[ 1010 First Street
South, Hopkins, Minnesota, 55343.
. ASSIGNMENT. CONTRACTOR shall neither assign nor transfer any rights or obligations under this contract without the prior written
consent of the STATE,
VIJI, AMENDMENTS, Any amendments to this contract shall be in writing and dated, and shall be executed by the same parties who executed
the original contract, or their successors in office.
IX LIABILITY, CONTRACTOR agrees to indemnify, save and hold harmless the STATE, its agents and employees from any and all claims or
causes of action, including all reasonable attorney's fees incurred by the STATE, arising from the performance of this contract by
CONTRACTOR or CONTRACTOR's agents or employees, Except, in accordance with the provisions of Minnesota Statutes, Chapter
299A.51, Subdivision I and Minnesota Rules, Chapter 75 14,2000, during operations authorized under Section 299A.50, CONTRACTOR's
employees operating outside their geographic jurisdiction as defined in Clause XVI, Item D of this contract arc employees of the
Department of Public Safety for purposes of Section 3,736. Coverage is initiated once the team is activated by the STATE for operations
authorized by the STATE, and the tcam is outside its geographic jurisdiction. This clause shall not be constmed to bar any legal remedies
CONTRACTOR may have for the STATE'S failure to flllfill its obligations pursuant to this contract
X ST A TE AUDITS, The books, records, documents, and accounting procedures and practices of the CONTRACTOR relevant to this
contract shall be subject to examination by the contracting department, Legislative Auditor, and State Auditor for a minimum of six years
from the end of this Contract.
XI. DATAPRACTlCES
A. The CONTRACTOR agrees to comply with the Minnesota Data Practices Act as it applies to all data created, gathered or acquired
in accordance with this contract
. B- Any publicity given the program, pLlblications 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 the
CONTRACTOR, or its employees individually orjointly with others, shall identify the STATE as the sponsoring agency and shall
(Hopkins Ch~mical Assessment Team)
Page 5
not be released prior to approval by the STATE's authorized agents, or their designee. This provision shall not apply to
information provided to the incident commander during a state authorized emergency response to ahazardolls materials incident
. AFFIRMA TIVE ACTION. (When this contract is in excess of$100,000) CONTRACTOR certifies that it has received a certificate of
compliance from the commissioner of Human Rights pursuant to Minnesota Statues, Section 363,073, and, it is hereby agreed between the
patties that Minnesota Statutes, Section 363.073, and Minnesota Rules, Parts 5000,3400 to 50003600 are incorporated into this contract by
reference, A copy of Minnesota Statutes 363,073, and Minnesota Rules, Part 5000.3400 to 5000.3600 is available upon request fTOm the
ST A IE, or the Minnesota Department of Human Rights,
XIII. WORKERS' COMPENSATION, CONTRACTOR certifies that it has complied with the workers' compensation insurance coverage
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 this
contract are employees of the Department of Public Safety for purposes of Chapter 176. Coverage is initiated oncc the team is activated
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 services
provided in connection with this contract resulting from antitrust violations which arise under the antitrust laws of the United States and
the antitrust laws of the State of Minnesota.
XV JUIUSDICTION AND VENUE This contract, and amendments and supplements thereto, shall be govemed by the laws of the State of
Minnesota, Venue for all legal proceedings arising out of this contract, or breach thereof, shall be in the state or federal court with
competent jurisdiction in Ramsey County, Minnesota,
XVI. OTHER PROVISIONS. (All Appendices A through G are hereby incorporated and made a part ofthis agreement.)
A- The STATE reserves the right, with the CONTRACTOR's approval, to extend this contract for up to an additional one-half( 1/2)
. year tenn from the expiration date of this contract
R Primary Response Area Boundaries: For purposes of Clause 1. CONTRACTOR's primary response area boundaries are
established as described in Appendix A:
C. Secondary Response Area Boundaries: For purposes of Clause I, CONTRACTOR's secondary response area boundaries are
established as described in Appendix B:
n CONTRACTOR's Geographic Jurisdiction: For purposes of Clauses IX and XlII, CONTRACTOR's normal geographic
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 following
terms and conditions:
1. CONTRACTOR may use and have possession ofthe vehicles, trailers and equipment identified in Appendix D.
2- TIle STATE shall retain title and legal ownership ofloaned vehicles, trailers and equipment identified in AppendixD, 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 identified in
. Appendix D,
5, orne STATE shall administer any manufacturer's warranty claims which may result during CONTRACTOR'S use of the
vehicles, trailers and equipment identified in Appendix Do
(Hopkins Chemical Assessment Team)
Page 6
6- The STATE will provide CONTRACTOR with technical assistance as necessary regarding thc 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.
S. CONTRACTOR shall resupply all disposable, expired and consumable components originally provided by the
ST ATE, and shall supply any other necessary disposable and consumable components not provided by 51' ATE, at
CONTRACTOR'sexpensc,
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 detem1ine 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 51' A TE upon
termination, expiration, or cancellation ofthe contract. All such items to be delivered or shipped to the STA TE.
postage and handling charges prepaid by CONTRACTOR,
12- CONTRACTOR shall not permit the vehicles, trailers and equipment to be tampered with or operated by individuals
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 51' A TE 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 51' ATE in the proper use, handling and maintenance of the vehicles, trailers and
equipment shall provide that training to CONTRACTOR'S team members and other appropriate personneL
]5. CONTRACTOR shall make the vehicles, trailers and equipment available to personnel authorized by the STATE when
required for inventory or inspection purposes,
]6, CONTRACTOR may make the decontamination shelter system and related equipment available to personnel autho-
rized by the STATE in order to facilitate training to other public safety agencies and personnel in its proper handling,
llse and maintenance, CONTRACTOR is not required by this contract to provide sllch training outside of
CONTRACTOR's own employees, but may do so at CONTRACTOR's discretion. (Note: Whenever equipment is out
ofserviceCONTRACTORmustimmcdiate[ynotifythe STATE.)
17, CONTRACTOR agrees to provide secure heated storage for vehicles, trailers and equipment identified in Appendix
D-
[8. Insurance: CONTRACTOR agrees to provide the STATE a certificate(s) of insurance, or a statement of se]f-insur-
ance, naming the STATE as an additional insured under the policy(s) prior to the execution of this contract, for the
following coverage:
a. 51' A TE Owned Vehicles and Trailers Loanedto CONTRACTOR:
1) 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-govemmenta[Entities): CONTRACTOR agrees to provide automobile
liability coverage, including hired and non-owned automobiles, ofnat less that $1.0 million dollars
combined single limit on all vehicles loaned to CONTRACTOR by the STATE; or
(IInpkins Chemic31 Assessment Team>
Page 7
--- --
3) Automobile Liahility (Governmcntal 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 $300.000 for bodily injury and property damage per person. and $750,000
bodily injury and property damage per occurrence during the period of July I. 1999 through
December:3 L 1999. Effective January L lono through June 30,2000, the limits of liability must be
$300,nnn for bodily injury and property damage per person. and $1.000,000 for bodily injury and
property damage for any number of daims.
b. CONTRACTOROwned Vehicles and Trailers:
1} Automob i Ie L iabi I ity (N on-governm ental Enti ties): CONTRA CTO R agrees to provide linbility
coverage, including hired and non-owned automobiles, of not less than $1,0 million dollars
combined single limit on all CONTRACTOR owned or lensed vehicles; or
2) Automobile Liability (Governmental Entities): CONTRACTOR agrees to provide automobile
liability coverage on all CONTRACTOR owned or leascd vehicles. The limits ofliability for such
coverage must be $300,000 for bodily injury and property damage per person, and $750,000 bodily
injury and property damage per occurrence during the period oDuly 1, 1999 through December 3 L
1999, Effeetivelanmry 1. :WOO throughJune 30,2000, the limits ofliabilitymust be $300.000 for
bodily injury and property damage per person, and $1,000,000 for bodily injury and property
damage for any number of claims,
c- ST A TE Owned Equipment Loaned to CONTRACTOR: CONTRACTOR agrees to provide" All Risk"
property !loater insurance, or equivalent self-insurance, which provides replacement cost coverage on all
ST ATE owned property loaned to CONTRACTORby the STATE,
d, CONTRACTOR may recover the cost ofsuch insurance from the STATE in accordance with Clause II,
Section A, Item Ie, ofthis 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 with the
following reports:
L Annual Report: Not later than January 30 of each year, CONTRACTOR agrees to submit an mmual report to the 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 memhersmeet the medicalrequirements of Code of Federal Regulations. Title 29, Section
19m120;
c. A detailed inventory of all hazardous materials vehicles, equipment, and supplies loaned to CONTRACTOR by
the STA TE, and owned by CONTRACTOR;
(I. A list of team training activities including exercises, whether conducted by CONTRACTOR or another
jurisdiction, in which CONTRACTOR participated;
e, A ClIlTent roster of team persOlmel which identifies each member's level of hazardous materials training; and
f Any recommendations for enlwncement or improvement of the regional response team program.
") Semi-Annual Report: Not later than July 31 of each year. CONTRACTOR agrees to submit a semiannual report to the
. -,
ST ^ TE which. at a minimum. contain the following information forthe preceding six (6) month period:
(Hllpkins ClKmieal Assessment Te:l1l1)
P age X
a, A list of team training activities including exercises, whether conducted by CONTRACTOR or another
jurisdiction, in which CONTRACTOR participated;
. b, A current roster of team personnel which identifies each member's level of hazar dOlls materials training;
c. A detailed inventory of all hazardous materials vehicles, equipment and supplies loaned to CONTRACTOR by
the STATE and owned by CONTRACTOR; and
d, AllY 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
ST A TE 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.
L For pLlrposes of this Agreement, CONTRACTOR's primary and alternate representative(s) to the Hazardous Materials Regional
Response Team Program Team Advisory Committee are included as Appendix G of the Agreement.
], This instmment embodies the whole agreement ofthe parties, There are no promises, terms, conditions, or obligations other than
those contained herein; and this contract shall supersede all previous communications, representations, or agreements, either
verbal or written, between the parties,
K TIle Failure of one party to enforce any provision of this Agreement shall not constitute a waiver by that party of that or any other
proVISIon,
.
.
(Hopkins Chemical Asscssmcnt Team)
Page <)
APPENDIX A
. Description of CONTRACTOR' SPrimary Response Area
CONTRACTOR'S Primary Response Area is described as follows:
The entire Minm:sota counties of Carver, McLeod, Renville, and Scott. In Hennepin County, all areas excluding that area of the City of
Minneapolis located north ofthc Mississippi River, and the cities of Brooklyn Center, Brooklyn Park, Champlin, Dayton, Osseo, and St
Anthony.
.
.
(Hupkins Chemi~aJ Assessm~llt Te~m)
Page 10
....-
APPENDIX 13
. 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,
.
.
(Hupkins Chemical Assessment Team)
Page 11
APPENDIX C
. Description of CONTRA eTO R' S Normal Geograph ic Jurisdiction
CONTRACTOR'S normal geographic jurisdiction is described as follows:
For purposes ofthis agreement, CONTRACTOR'S normal geographic jurisdiction is the corporate limits afthe City of Hopkins,
.
.
(Hopkins Ch~mical Assessment Team)
Page 12
APPENDIX D
. ListofSTA TE Owned Vehicles, Trailers and EqllipmentLoaned to CONTRACTOR
IIEM
QUANTITY
ReferenceMaterial
ACG1H Thresho[d Limit Values and Biological Exposure Indices I
Agricultural Chcmicals Book - V olumcs I through 4 I
Agricultural Directory and Hazard Response Handbook I
Association of American Railroads Emergency Action Guides I
Association of American Railroads Tank Car Manual I
CHRJS Hazardous Chemical Data Manual 1
Comprehensive Guide to Hazardous Properties of Chemica I Substances I
Crop Protection Chern ica] Reference 1
DOT Emergency Response Guidebook I
Emergency Care for Hazardous Materials Exposure I
Emergency Handling of Hazardous Materials in Surface Transportation I
Faml Chemicalsl-Iandbook 1
Firefighter's Handbook of Hazardous Materials I
Firefighter's Hazardous Materials Reference Book and Index I
General American Tank Car Company (GA TX) Tank Car Manual I
Guidebook for the Safe Use of Hazardous Ag, faml Chemicals & Pesticides J
Handbook of Compressed Gases I
Haw ley's Condensed Chern ical Dictionary I
Hazardous Chemicals Desk Refercnce I
Hazardous Materials Exposure: Emergency Response and Patient Care I
.ardous Materials Field Guidc 1
ardons Materials fnjuries: A Handbook for Pre-Hospital Care I
NFP A Fire Protection Guide on Hazardous Materials I
NIOSH PocketGuideto Chemical Hazards I
SAX's Dangerous Properties ofIndnstrial Materials I
Symbol Seekers I
Terrorism Handbook for Operational Responders I
The Pesticide Book I
Hazardous Materials Regional Response Team Program Suggested Operating
Guidelines and Administrative Procedures Manual J
Decontamination Equipment
Astro TlIrf Mats 3
Brushes, Soft Bristle Long Handle 3
Decontamination Shelter System (Components)
Air Bottle Regulator 1
Hut {Vater Heater J
Disposable Pool 4
Garden Hose. 25ft, sections with Connector 2
Heaters 2
Influtor - Electric 2
AllIltiple Sheller Connecting Unit 1
Pressure Control Unit 2
She/tel'. Compartmentuli::ed I
Shelter. Open InteriUl' I
. Shower, Inside I
Shower. Outside ]
Spray Wund I
(Hopkins Cl1\:mical Assessment Team)
Page 13
----
T<!nt Stakes 16
Car Wash Brushes with Garden Hose Connection ~
IY Diaphmgm Pump. wi Lh Ho,,, and 1 E,rr' Set Ni"i1 Di,phmgm' I
I Salvage Drum, 30 gal "
;)
crgency Eyewash Kit, Saline Solution I
Folding Chairs or Stools 6
FoldingTable, 72" x 30" I
FoldingTable, 60" x 30" I
Foot Stools/Step - Plastic 2
Lighting System - Flood, with Generator (6K) 1
Personal Protective Equipment
MSA Ultra Twin Air Purifying Respirators, with 30 GME-H Canisters 6
Air Purifying Respirator Fit Test Kit I
Air Purifying Respirator Fit Test Tent I
Chemical Resistant Boots, Electrostatic Dissipating 12pL
G loves, Assorted Materials - Buty I, Neoprene, Nitrile, PV C, V iton, Kev lar
Neoprene/Nitrile 12 pr
Silver Shield I 4-H 12pL
P VC I Nitrile 12 pr.
Viton 12pL
Kevlar 12pL
Sol-Vex Nitril 24pL
Goggles 6pL
Hard Hats! Rescue Helmets 6
Level A Kappler Reflector Encapsulating Suits 2
Level A Kappler Responder Plus Encapsulating Suits 4
Level B Kappler Responder Encapsulating Suits 4
.1 B KapplerCPF 3 Non-Encapsulating Suits 20
el B KapplerCPF 2 Non~Encapsulating Suits 24
Level C Kappler Disposable Suit ] cs
Level A Training Suits 2
Suit Test Kit I
Vinyl Gloves 2 bxs,
KapplerCompulerizedChemical Permeation Suit Selection Guide 1
Leak Control Supplies and Equipment
Bonding and Grounding Equipment 1 set
Dome Cover Clamps I set
Drum Upender 1
Radio and Other Communications Equipment
Cellular Phone, Dual Nam I
Cellular PhonelFax System I
Mobile Radio - 100 watt I
Portable Radio - 5 watt 3
Portable Radio Gang Charger I
Portable Radio Single Charger I
Portable Radio Spare Batteries 3
r n-Suit Comm unications Equipment I set
Computer Equipment/Software
ALOHA Software I
em Software I
o II Windows and Supporting Maps I
IBM, Compatible PC, Printer and Modem Returned to the STATE
(llopkins Ch<:mical Asscssment Team)
Page 14
, -- - ---
TOMES Plus SoHware I
Monitoring and Detection Equipment
.samPling System I
. orimetric Detection Tube Kit I
Dosimeters ~
j
DraegcrCMS Kit I
Draeger MutiPac 4 Gas Monitor 2
Draeger MultiPac 4 Gas Monitor Calibration Gas Kit I
Draeger MiniWam 4 Gas Monitor I
Draeger PAC T1I Chlorine Man itor I
Drum Sampler- Coliwasas Tubes "
j
HazCat Kit I
miniRAE 2000 PID I
miniRAE 2000 Calibration Kit 1
SpilFyterKit I
Toxic Gas MonitorCalibrationGas Kit I
Radiological Monitor- Victoreen I
Radiological Monitor- Civil Defense 2
WeatherPak Meteorological Station I
Basic Suppression Equipment
PolarlNon-PolarFoam (LOO gaL) L
Class D Powder I
Foam Eductor I
Foam ApplicationNozzle- A TFF I A TC I
Foam Application Nozzle - 20: I I
.gation Supplies and Equipment
lC Acid. 30 gals, I
Soda Ash, 40 lb. bags 3
Spill-X Acid Neutralizer, 5 gaL I
Spill-X Caustic Neutralizer,S gat I
Spill Cont<linmentSupplies and Equipment
Absorbent Booms/PadslPillows I set
ContainmentBoom - 75 ft. I
Drysorb Type Absorbent, 40 lb. 4
Lab Packs I set
Magic Sorb, 25 Ib, bags 2
Lockout I Tagout Kit - Electrical I
Lockoutl TagoutKit - Valve I
PJug-N-Dikel BentoniteClay, 5 gaL pail 1
Poly Overpack Drum, 95 gal. I
Poly OverpackDmm, 65 gaL 1
Spilstopper Drain Cover Mat 1
Steel Salvage Drum, 85 gaL I
Steel Salvage Dmm. 55 gaL I
Steel Salvage Dmm, 30 gal. I
Steel Salvage Drum, 15 gal. 1
Sleel Salvage Drum, 8 gaL I
Two Wheel Dmm Truck I
_lied Non-Sparking and Hand Tools
-sparking Bung Wrench I
Non-sparking Scoop Shovels 2
Non-sparking Square Nose Shovels 2
(Hopkins Chemical ^sscssmcnt Team)
Page 15
Steel Spade Shovels 4
Ident Management and Administrative Supplies and Equipment
:v est System 1
V chicle and Trailer
Chevrolet Suburban, 3/4 Ton 4 Wheel Drive and Components ]
6()() watt inverter ]
Battery Conditioner 1
Electric Trailer Brake System 1
Electronic Engine hlfer I
Emergency Lighting System 1
Passenger Safety Screen 1
Radio COllSole 1
Rolf-ollt Storage Tray 1
Siren System 1
Stre((/nLitc Hand Lanterns and Chargers 3
Trailer Hitch and Wiring I
16 Foot Pace American Hazardous Materials Equipment Trailer and Components 1
Eledric Trailer Jack 1
Emergency Light Warning System 1
Metal Shelving 2
Propane Bottles, -/0 lb 2:
.
.
(Hopkins Chemical Assessment T earn)
Page [(]
APPENDIX E
. Description orCONTRACTOR'S Single Point of Contact for Team Dispatching
CONTRACTOR'S single point of contact for purposes of team 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 of team 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, 10 lO First Street South, Hopkins, Minnesota, 55343,
.
.
(Hopkins Chemical Assessment Team)
Pagc I 7
APPENDIX F
List of Designees ofthe 5T A IE'S Authorized Agents
.
5T A TE'SAuthorizcJ Agents:
Thomas R. Brace State Fire Marshal
Kevin C. Leuer Director - Division of Emergency Management
Designees ofST A TE' 5 Authorized Agents:
Bob Dahm JvIN State Fire Marshal Division
Ed Leier 1vfN Division of Emergency Management
Kent Reetz MN Division of Emergency Management
Kristin Rollwagen MN State Fire Marshal Division
Other persons identified by the 5T A IE to CONTRACTOR in writing.
Authority of Designees:
Clause II, Section ^, Item 2 Authorization to approve Contractor's Compensation budget deviations of 20% or less,
Clause IT, Section A, Item 4 Authorization to approve Emergency Response Compensation in excess of$5,000.00.
Clause II, Section B, Item I 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 CONTRACTOR,
The undersigned hereby delegate the authorities listed above to those persons identified as Designees of 5T A IE'S Authorized
Agents. ]11ese authorities are delegated until revoked in writing.
,~~ 6-. ,~ ---'i'4h9
'f:IrOmas R, Brace Date
Minnesota State Fire Marshal
fJL~~z j{lri___ y'-Ir.-'t(
. \--i<evin C, Leller Date
Director - Minnesota Division of Emergency Management
(Hopkins Chemical Assessment TC3Jl1f
Page I X
APPENDIX G
. List of CONTRACTOR 'S Primary and Alternate Representatives
to the Hazardous Materials Regional Response Team Program
Team AdvisoryCommittee
CONTRACTOR'S primary and altematc representatives to the Hazardous Materials Regional Response Team Program Team Advisory Commit-
tee are as follows:
L Primary Representative
Don Beckering,Chief
Hopkins Fire Department
10 10 First Street South
Hopkins, Minnesot 55343
Il Alternate Representative(s)
David Klocek, Assistant Chief
Hopkins Fire Department
1010 First Street South
Hopkins, Minnesota 55343
.
.
(Hopkins Cht:micnl Assessment Tt:am)
Page 19
IN WITNESS \VI-IEREOL the parties have caused this contract to be duly executed intending to be bound thereby,
APPROVED:
.
I. CONTRACTOR:
CONTRACTOR certifies that the appropriate person(s) have
executed the contract on behalfofthe CONTRACTOR as
required by applicable articles, by-laws, resolutions, or
ordinances.
By
As to foml and execution by the
3. ATIORNEYGENERAL:
Title
By
Dat~
Title
By Date
Title
Date
4. COMMISSIONER OF ADMINISTRATION:
2, STATE AGENCY: By
By Title
Titk Date
Dale
Distribution:
Agency - Original (fully executed) contract
Department 0 f Adm in istration
Contractor
State Authorized Representative
.
(Hopkins Chemical Assessment T~al1l)
Page 20