CR 96-130 Hopkins FD - SMHMCATAugust 12, 1996
Supporting Information.
O Resolution #96 -65
O Hopkins/ State of Minnesota Contract.
George Ma dal
Fire Chief
Council Report 96 -130
Approval of State Contract Authorizing the Hopkins Fire Department to Participate as a
State of Minnesota Hazardous Materials Chemical Assessment Team
Proposed Action.
Staff recommends approval of the following motion: Move to adopt Resolution 96 -65 approving the
signing of the agreement with the State of Minnesota authorizing the Hopkins Fire Department to
provide a State Hazardous Material Chemical Assessment Team.
Overview.
State Legislators realized that there was a need for hazardous material experts at the site of chemical
emergencies and designated dollars to fund such teams throughout the state. The high level of expertise of
the Hopkins Fire Department qualifies us to be one of those teams.
As a State Hazardous Materials Chemical Assessment Team, Hopkins will be called out on 50 to 100
chemical emergencies annually. In exchange for this service, the state is providing most of the necessary
equipment, paying our personnel to maintain their training, and funding the emergency response. Benefits
of participating include the use of this specialized equipment for Hopkins emergencies, and a higher level
of training and income for those firefighters that participate.
All costs related to this project are paid for with state funds. There is no expense incurred by the City that
would not be reimbursed. The State is also paying members for some specialized training received earlier
this year.
Primary Issues to Consider.
O Will the fire protection in Hopkins sutler when the team is activated and some of our people leave the
City?
This could have an impact but we expect it to be minor. When an assessment team is called out, the
state only allows three people to respond. That's less than 8% of our members.
O Will members of the department that do not participate feel left out?
We have opened up participation to all of our members. Not participating is their personal choice.
•
City of Hopkins
Hennepin County, Minnesota
RESOLUTION NO. 96 -65
Approval of Contract Authorizing the Hopkins Fire Department to Participate 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 participate in a State of
Minnesota Hazardous Material Chemical Assessment team; and
WHEREAS, the State of Minnesota is willing to bear all costs related to such team.
NOW THEREFORE, BE IT RESOLVED, that the City of Hopkins, Minnesota enter into
an agreement with the State of Minnesota, Department of Public Safety for the purpose of the
City of Hopkins providing 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 20th day of August, 1996.
ATTEST:
City Clerk
By:
Chuck Redepenning, Mayor
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•
Contract
Number/Date/Entry Initials
CONTRACTUAL (non -state employee) SERVICES
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 apnmved 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
1010 First Street South
Hopkins, Minnesota 55343
STATE OF MINNESOTA
Solicitation'
Number/Date/Entry Initials
F y9fo - x 000 -//
Order: Fy/97 .7pflp —//.33
Number/Date /Signatures
(Individual signing certifies that funds have been
encumbered as required by Minn. Star l6A.15.1
Soc. Sec. or Federal Employer I.D. 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 Team)
Cover Page
THIS CONTRACT, which shall be interpreted pursuant to the laws of the State of Minnesota, between the State of Minnesota, acting through its
Department of Public Safety (hereinafter STATE) and the Hopkins Fire Department, 1010 First Street South, Hopkins, Minnesota, 55343,
inafter CONTRACTOR), witnesseth that
S, the STATE, pursuant to Minnesota Statutes 15.061 and Minnesota Statutes 299A.50, Subdivision 2, 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 Rules, Chapter 7514, and
WHEREAS, the Minnesota Legislature has determined the need exists for a 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:
I. CONTRACTOR' S DUTIE S. CONTRACTOR, who is not a state employee, except as defined in Minnesota Statutes, Chapter 299A.51,
Subdivisions 1 and 2, shall be responsible for all terms, tasks and conditions assigned by Minnesota Statute, Chapter 299A.48 to 299A.52
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 when
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 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 (Minnesota Rules, Chapter 7514.1800, Subpart 1);
D. Ensure that team members are in compliance with the initial, continuing education, and team training requirements established
in Minnesota Rules, Chapter 7514.0600, Subparts 1 to 4, and annually certify such compliance to the Commissioner (Minnesota
Rules, Chapter 7514.0600, 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 (Minnesota Rules, Chapter 7514.0600,
Subpart 7);
F. Deploy team personnel and equipment to a hazardous materials incident within an average of fifteen (15) minutes from the time
the decision is made to dispatch the team (Minnesota Rules, Chapter 7514.0500). 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 identified in Appendix E, is notified by the STATE;
G. Ensure compliance with all other employer requirements established in Minnesota Rules, Chapter 7514.0600;
IL Conduct a formal evaluation of the team's response to each incident as required by Minnesota Rules, Chapter 7514.1300;
I. 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 representative(s) to the Hazardous Materials Regional Response Team Program
Team Advisory Committee, who will make every reasonable attempt to attend meetings of the committee and have the authority
to make recommendations on behalf of the CONTRACTOR;
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,
(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 to
other team members;
L. Maintain and store emergency response vehicles and 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 1 and
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 Minnesota
Rules, Chapter 7514.0800, Subpart 6;
P. Respond to incidents and assist local authorities by providing technical advice to local incident commanders and recommending
mitigation actions necessary to protect life, property 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, to assess an incident, develop and recommend
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 be
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 $0.00 beginning January 1, 1996 through June 30, 1996
Not to exceed $16,000.00 beginning July I, 1996 through June 30, 1997
b. Training - Annual cost of training team personnel;
Not to exceed $8,000.00 beginning January 1, 1996 through June 30, 1996
Not to exceed $10,800.00 beginning July I, 1996 through June 30, 1997
c. Medical Examinations - Cost of annual medical examinations for team personnel;
Not to exceed $0.00 through June 30, 1997
Not to exceed $1,200.00 beginning July 1, 1996 through June 30, 1997
d. Consumable Supplies - Initial cost of consumable supplies;
Not to exceed $0.00 beginning January 1, 1996 through June 30, 1996
Not to exceed $3,000.00 beginning July 1, 1996 through June 30, 1997
e. Administration - Program administration costs;
Not to exceed $0.00 beginning January 1, 1996 through June 30, 1996
Not to exceed $3,000.00 beginning July 1, 1996 through June 30, 1997
f. Maintenance - Equipment maintenance costs;
(Hopkins Chemical Assessment Team)
Page 2
Not to exceed $0.00 beginning January 1, 1996 through June 30, 1996
Not to exceed $6,000.00 beginning July 1, 1996 through June 30, 1997
2. CONTRACTOR may submit a revised budget for any deviation of 20% or less between the funding categories listed
above during each state fiscal year of this contract (See Clause II, Section A, Item 5). However, the revised budget must
be approved by the STATE'S authorized agents before any expenditures may be made based on the revised budget. Any
deviation greater than 20% between the funding categories listed above during each state fiscal year of this contract
(See Clause II, Section A, Item 5) will require an amendment to this Agreement.
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, 1997.
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, up
to a maximum of $120.00 per incident.
Team personnel costs are valid through June 30, 1997.
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, the
STATE may request competitive bids or quotes prior to the repair or replacement of equipment.
CONTRACTORS, who are municipalities, must comply with municipal bidding laws.
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.
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 7514.1200;
i. 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;
(Hopkins Chemical Assessment Team)
Page 3
k Costs Associated with Providing Standby Technical Assistance when Requested in Accordance with
Minnesota Rules, Chapter 7514.1600, Subpart 4 and;
1. Other Direct Costs incurred by the CONTRACTOR as a Result of the Emergency Response.
4. Costs incurred under Clause II, Section A, Item 3 of this Agreement for any single response by CONTRACTOR may
not exceed Five Thousand dollars ($5,000.00), unless authorized by the STATE.
5. The total obligation of the STATE for all compensation to CONTRACTOR incurred under Clause II, Section A, Item
1, of this Agreement, shall not exceed Eight Thousand dollars ($8,000.00) from January 1, 1996 through June 30,
1996, and Forty Thousand dollars ($40,000.00) from July I, 1996 through June 30, 1997. Funds not expended by
CONTRACTOR during any single State fiscal year may be carried over into a subsequent State fiscal year.
B. Tenn of Payment
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 299A.52.
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. Invoices shall
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 Compensation
Reimbursement Packet monthly or quarterly for reimbursement of costs identified in Clause II, Section A, Items 1 and
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 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 STATE
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 of receipt. The total
amount of reimbursement pertaining to Clause II, Section A, Item 3 of this agreement shall not exceed the limits of this
contract.
2. No more than ninety (90%) percent of the CONTRACTOR's compensation due under this contract shall be paid until
the final 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 OFPAYMENT. All services provided by CONTRACTOR pursuant to this contract shall be performed to the satisfaction
of 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 of federal, 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
terminate.
TERMS OF CONTRACT. This contract shall be effective on January 1, 1996, or upon the date that the last signature is obtained by the
STATE, pursuant to Minnesota Statutes 168.06, Subd.2, whichever occurs later, and shall remain in effect until June 30, 1997, or until
all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs first, subject to the following schedule:
(t{opkinsC emical Assessment Team)
Page 4
B. Emergency Response to Hazardous Materials Incidents. CONTRACTOR shall begin providing all services identified in Clause
I., of this contract on September 1, 1996, or on such date as is mutually agreed to by both parties in writing.
V. CANCEJ LATION
A. Cancellation by STATE. This contract may be cancelled by the STATE at any time, with or without cause, upon thirty (30) days
written notice to the CONTRACTOR.
A. Training, Supplies, Equipment and Medical Exams. Beginning on the effective date of this contract, CONTRACTOR may
expend CONTRACTOR's Compensation funds identified in Clause II, Section A, Items 1 and 2, to obtain required training for
team personnel, and any supplies, equipment and medical examinations necessary to begin providing emergency response to
hazardous materials incidents.
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 CONTRA(; IOR for compensation in accordance with Clause II., Section A., Items 1
and 2. CONTRACTORS who have satisfied the requirements 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 of cancellation.
B. Cancellation by CONTRACTOR. This contract may be cancelled by CONTRACTOR at any time, with or without cause, upon
ninety (90) days written notice to the STATE.
1. In the event 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 II, Section A., Items 1 and 2.
CONTRACTORS who have satisfied the requirements 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 of cancellation.
VI. ATITHORT7.RD AGFNT(S), The STATE'S authorized agents for the purposes of administration 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 of this contract is George Magdal, Chief, Hopkins Fire
Department, 1010 First Street South, Hopkins, Minnesota, 55343.
VII. ASSIGNMENT. CONTRACTOR shall neither assign nor transfer any rights or obligations under this contract without the prior written
consent of the STATE.
VIII. gam, 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 1 and Minnesota Rules, Chapter 7514.2000, during operations authorized under Section 299A.50,
CONTRACTOR's employees operating outside their geographic jurisdiction as defined in Clause XVI, Item D of this contracture
employees of the Depat of Public Safety for purposes of Section 3.736. Coverage is initiated once the team is activated by the
(Hopkins Chemical Assessment Team)
Page 5
XIII.
•
STATE for operations authorized by the STATE, and the team is outside its geographic jurisdiction. This clause shall not be construed
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 this
contract shall be subject to examination by the contracting department and the Legislative Auditor.
XL DATA PRACTICES
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, 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 the
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
information provided to the incident commander during a state authorized emergency response to a hazardous materials
incident.
XII. AEORMAIBLELCIQIi (When this contract is in excess of $50,000) 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 5000.3600 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 from the STATE, or the Minnesota Department of Human Rights.
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 once 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. JURISDICTION AND VIIVIIE. This contract, and amendments and supplements thereto, shall be governed 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 of this agreement.)
A. The STATE reserves the right, with the CONTRACTOR's approval, to extend this contract for up to an additional three and
one -half (3 1/2) years, in a minimum of one (1) 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 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:
D. CONTRACTOR's Geographic Jurisdiction: For purposes of Clauses IX and XIII, 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:
(Hopkins Chemical Assessment Team)
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 Appendix
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 peep 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.
11. 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 of the 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. CONTRACTUR 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:
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) Liability (Non- governmental Entities): CONTRACTOR agrees to provide liability coverage of
not less that $1.0 million dollars per occurrence on all vehicles loaned to CONTRAC IUR by the
STATE; or
3) Liability (Governmental Entities): CONTRAC 1UR agrees to provide 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.
b. CONTRACTOR Owned Vehicles and Trailers:
1) Liability (Non - governmental Entities): CONTRACTOR agrees to provide liability coverage of
not less than $1.0 million per occurrence on all CONTRACTOR owned vehicles; or
2) Liability (Governmental Entities): CONTRACTOR agrees to provide liability coverage on all
vehicles loaned or leased 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.
c. STATE Owned Equipment Loaned to CONTRACTOR: CONTRACTOR agrees to provide "All Risk"
property floater insurance, or equivalent self- insurance, which provides actual value coverage for 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 II,
Section A, Item le, 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 with
the following reports:
I. Annual Report Not later than January 30 of each year, CONTRACTOR agrees to submit an annual 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 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 CONTRACTOR
by the STATE, and owned by CONTRACTOR;
d. A list of team training activities including exercises, whether conducted by CONTRACTOR or another
jurisdiction, in which CONTRACTOR participated;
(Hopkins Chemical Assessment Team)
Page 8
e. A current roster of team personnel which identifies each members level of hazardous materials training; and
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:
b.
c.
d.
A list of team training activities including exercises, whether conducted by CONTRACTOR or another
jurisdiction, in which CONTRACTOR participated;
A current roster of team personnel which identifies each member's level of hazardous materials training;
A detailed inventory of all hazardous materials vehicles, equipment and supplies loaned to CONTRACTOR
by the STATE and owned by CONTRACTOR; and
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.
I. For purposes 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.
J. This instrument embodies the whole agreement of the 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. The 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 Assessment Team)
Page 9
CONTRACTOR'S Primary Response Area is described as follows:
APPENDIX A
Description of CONTRA(, IOR S Primary Response Area
The entire Minnesota counties of Carver, McLeod, Renville, and Scott. In Hennepin County, all areas excluding that area of the City
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 Team)
Page 10
CONTRACTOR'S Secondary Response Area is described as follows:
APPENDIX B
Description of CONTRACTOR'S Secondary Response Area
The entire state of Minnesota not identified as the CONTRACTOR'S Primary Response Area in Appendix A.
(Hcpkms Chemical Assessment Team)
Page 11
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.
APPENDIX C
Description of CONTRAC LUR'S Normal Geographic Jurisdiction
(Hopkins Chemical Assessment Team)
Page 12
ITEM
APPENDIX D
List of STATE Owned Vehicles, Trailers and Equipment Loaned to CONTRACTOR
Reference Material
ACGIH Threshold Limit Values and Biological Exposure Indices 1
Agricultural Chemicals Book - Volumes 1 through 4 1
Agricultural Directory and Hazard Response Handbook 1
Association of American Railroads Emergency Action Guides 1
Association of American Railroads Tank Car Manual 1
CHRIS Hazardous Chemical Data Manual 1
Comprehensive Guide to Hazardous Properties of Chemical Substances 1
Crop Protection Chemical Reference 1
DOT Emergency Response Guidebook 1
Emergency Care for Hazardous Materials Exposure 1
Emergency Handling of Hazardous Materials in Surface Transportation 1
Farm Chemicals Handbook 1
Firefighter's Handbook of Hazardous Materials 1
Firefighter's Hazardous Materials Reference Book and Index 1
General American Tank Car Company (GATX) Tank Car Manual 1
Guidebook for the Safe Use of Hazardous Ag. Farm Chemicals & Pesticides 1
Handbook of Compressed Gases 1
Hawley's Condensed Chemical Dictionary 1
Hazardous Chemicals Desk Reference 1
Hazardous Materials Exposure: Emergency Response and Patient Care 1
s Materials Injuries: A Handbook for Pre- Hospital Care 1
A Fire Protection Guide on Hazardous Materials 1
NIOSH Pocket Guide to Chemical Hazards 1
Quick Selection Guide to Chemical Protective Clothing t
Respirator Selection Guide 1
SAX's Dangerous Properties of Industrial Materials 1
Symbol Seekers 1
The Pesticide Book 1
Regional Response Team Program Manual 1
Decontamination Equipment
Astro Turf Mats
Brushes, Soft Bristle Long Handle
Decontamination Shelter System (Components)
Air Bottle 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
Car Wash Brushes with Garden Hose Connection
QUANTITY
3
3
1
4
2
2
1
2
1
1
1
1
1
16
2
(Hopkins Chemical Assessment Team)
Page 13
Patay Diaphragm Pump, with Hoses and 1 Extra Set Nitril Diaphragms 1
Steel Salvage Drum, 30 gal 3
46 ergency Eyewash Kit, Saline Solution 1
g Chairs or Stools 6
olding Table, 72" x 30" 1
Folding Table, 60" x 30" 1
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
Irritant Smoke Fit Test Kit 1
Vinyl Fit Test Tent 1
Chemical Resistant Boots , Electrostatic Dissipating 12 pr.
Gloves, Assorted Materials - Butyl, Neoprene, Nitrite, PVC, Viton, Kevlar
NeoprenelNitrile 12 pr
Silver Shield 14 -H 12 pr.
PVC / Nitrite 12 pr.
Teton 12 pr.
Kevlar 12 pr.
Sol -Vex Nitril 24 pr.
Goggles 6 pr.
Hard Hats / Rescue Helmets 6
Level A Kappler Reflector Encapsulating Suits 2
Level A Kappler Responder Plus Encapsulating Snits 4
Level B Kappler Responder Encapsulating Suits 4
Level B Kappler CPF 3 Non - Encapsulating Suits 20
ite vel B Kappler CPF 2 Non - Encapsulating Suits 24
1 C Kappler Disposable Suit 1 cs
el A Training Suits 2
Suit Cooling Vests 2
Suit Test Kit 1
Vinyl Gloves 2 bxs.
Kappler Computerized Chemical Penneation Suit Selection Guide
Leak Control Supplies and Equipment
Bonding and Grounding Equipment 1 set
Dome Cover Clamps 1 set
Drum Upender 1
Radio and Other Communications Equipment
Cellular Phone, Dual Nam
Cellular Phone/Fax System
Harris Radio 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
Computer Equipment/Software
ALOHA Software
CH1E Software
' IEp II Windows and Supporting Maps
IBM Compatible PC, Printer and Modem
1
1
Selected Teams
1
3
1
3
1 set
(Hopkins Chemical Assessment Team)
Page 14
Monitoring and Detection Equipment
Air Sampling System 1
ant es Kit 1
at Kit 1
olorimetric Detection Tube Kit- 1
Dosimeters 3
Draeger CMS Kit 1
Drum Sampler 1
4 Gas Monitor 2
4 Gas Monitor Calibration Gas 1
Radiological Monitor 1
WeatherPak Meteorological Station 1
Basic Suppression Equipment
Polar/Non -Polar Foam (100 gal. 1
Class 'D Powder 1
Foam Eductor 1
Foam Application Nozzle - ATFF / ATC 1
Foam Application Nozzle - 65:1 1
Mitigation Supplies and Equipment
Citric Acid, 30 gals.
Soda Ash,401b.bags 3
Spill-X Acid Neutralizer, 5 gal. 1
Spill-X Caustic Neutralizer, 5 gal. 1
Spill Containment Supplies and Equipment
Absorbent Booms/Pads/Pillows 1 set
* tainment Boom - 75 ft. 1
sorb Type Absorbent, 40 1b. 4
Lab Packs i set
Magic Sorb, 25 lb. bags 2
Plug -N -Dike / Bentonite Clay, 5 gal. pail 1
Poly Overpack Drum, 95 gal. 1
Poly Overpack Drum, 65 gal. 1
Spilstopper Drain Cover Mat 1
Steel Salvage Drum, 85 gal. 1
Steel Salvage Drum, 55 gal. 1
Steel Salvage Drum, 30 gal. 1
Steel Salvage Drum, 15 gat. 1
Steel Salvage Drum, 8 gal. 1
Two Wheel Drum Truck 1
Assorted Non - Sparking and Hand Tools
Non - sparking Bung Wrench
Non - sparking Scoop Shovels
Non - sparking Square Nose Shovels
Steel Spade Shovels
Incident Management and Administrative Supplies and Equipment
ICS Vest System
Vehicle and Trailer
let Suburban, 3/4 Ton 4 Wheel Drive and Components
600 watt inverter
Battery Conditioner
Electric Trailer Brake System
1
2
2
4
1
(Hopkins Chemical Assessment Team)
Page 15
Electronic Engine Idler 1
Emergency Lighting System 1
il Passenger Safety Screen 1
Radio Console 1
Roll -out Storage Tray 1
Siren System 1
StreamLite Hand Lanterns and Chargers 3
Trailer Hitch and Wiring 1
16 Foot Pace American Hazardous Materials Equipment Trailer and Components 1
Electric Trailer Jack 1
Emergency Light Warning System 1
Metal Shelving 2
Propane Bottles, 40 lb 2
(Hopkins Chemical Assessment Team)
Page 16
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 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, 1010 First Street South, Hopkins, Minnesota, 55343.
APPENDIX E
Description of CONTRACTOR'S Single Point of Contact for Team Dispatching
(Hopkins Chemical Assessment Team)
Page 17
STATE'S Authorized Agents:
Thomas R. Brace
lames D. Franklin
Designees of STATE'S Authorized Agents:
Bob Dahm
Ed Leier
Kevin Leucr
APPENDIX F
List of Designees of the STATE'S Authorized Agents
Other persons identified by the STATE to CONTRACTOR in writing.
Authority of Designees:
Clause II, Section A, Item 2
Clause II, Section A, Item 4
Clause II, Section B, Item 1
Clause XI, Section B
The undersigned hereby delegate the authorities listed above to those persons identified as Designees of STATE'S Authorized
Agents. These authorities are delegated until revoked in writing.
omas R. Brace
Minnesota State Fire Marshal
a At_c___
in
Minnesota Division of Emergency Management
State Fire Marshal
Director - Division of Emergency Management
MN State Fire Marshal Division
MN Division of Emergency Management
MN Division of Emergency Management
Authorization to approve Contractor's Compensation budget deviations of 20% or less.
Authorization to approve Emergency Response Compensation in excess of $5,000.00.
Authorization to approve invoices for Contractor's Compensation and Emergency
Response Compensation.
Authorization to approve publicity or publications prepared by or for the CONTRAC-
TOR.
Date
Date
7 / S /9L
(Hopkins Chemical Assessment Team)
Page 18
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, Battalion Chief
Hopkins Fire Department
1010 First Street South
Hopkins, Minnesot 55343
II. Alternate Representative(s)
David Klocek, Assistant Chief
Hopkins Fire Department
1010 First Street South
Hopkins, Minnesota 55343
George Magdal, Chief
Hopkins Fire Department
1010 First Street South
Hopkins, Minnesota 55343
APPENDIX G
List of CONTRACTOR'S Primary and Alternate Representatives
to the Hazardous Materials Regional Response Team Program
Team Advisory Committee
(Hopkins Chemical Assessment Team)
Page 19
IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby
41/ROVED:
1. CONTRACTOR:
CONTRACTOR certifies that the appropriate person(s) have
executed the contract on behlaf of the CONTRACTOR as
required by applicable articles, by -laws, resolutions, or
ordinances.
By
Title
Date
By
Title
2. STATE AGENCY:
By
Title
As to form and execution by the
3. ATTORNEY GENERAL:
By
Title
Date
4. COMMISSIONER OF ADMINISTRATION:
By
Title
Date
Distribution:
Agency - Original (fully executed) contract
Department of Administration
Contractor
State Authorized Representative
(Hopkins Chemical Assessment Team)
Page 20