CR 2012-067 Approval of State Contract Authorizing the Hopkins Fire Department to Continue as a State of Minnesota Hazardous Materials Chemical Assessment TeamG�TY OF
June 25, 2012 Council Report 2012-067
N0PKINS
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 2012-041
approving the signing of the agreement with the State of Minnesota authorizing the
Hopkins Fire Department to continue to provide a State Hazardous Material Chemical
Assessment Team.
Overview:
The current contract with the State of Minnesota for providing a Chemical Assessment
Team will expire on June 30th. A new five year contract for July, 1st 2012 through June
30th 2017 has been given to us by the State for our signatures. There have been no
changes from the current contract.
Primary Issues to Consider:
1. Have there been any problems with this program so far? No.
2. Has the fire protection in Hopkins suffered when the team was activated? No.
3. Has this program been good for Hopkins? Yes. Our people are higher trained
and better equipped with no additional city funding.
Supporting Information:
1. Resolution #2012-041
2. RFP for Proposal for State Chemical Assessment Team
ale Specken
Fire Chief
Financial Impact: N/A Budgeted: Y/N N/A Source:
Related Documents (CIP, ERP, etc.):
City of Hopkins
Hennepin County, Minnesota
RESOLUTION NO. 2012-041
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 THEREFORE, BE IT RESOLVED, that the City of Hopkins, Minnesota enter
into an agreement with the State of Minnesota, Department of Public Safety for the
purpose of the City of Hopkins continuing to provide a hazardous materials Chemical
Assessment Team for emergency response within Minnesota.
BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized
to execute such agreement.
Adopted by the City Council of the City of Hopkins this 10th day of July, 2012.
By:
Eugene J. Maxwell, Mayor
ATTEST:
Kris Luedke, City Clerk
CFMS Contract No. aContractNo»
STATE OF MINNESOTA
PROFESSIONAL AND TECHNICAL SERVICES CONTRACT
This contract is between the State of Minnesota, acting through its acting through its Commissioner of Public Safety,
Division of Emergency Management ("State") and the City of Hopkins Fire Department, address 101 17th Avenue South,
Hopkins, MN 55343 ("Contractor").
Recitals
1. Under Minn. Stat. & § 15.061 and 299A.50, Subd. 2, the State 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.
2. The State is in need of professional/technical services from regionally -located Hazardous Materials Emergency
Chemical Assessment Teams to assist local authorities in protecting the public's safety from the effects of a hazardous
materials release.
3. The Contractor represents that it is duly qualified and agrees to perform all services described in this contract to the
satisfaction of the State.
Contract
Term of Contract
1.1 Effective date: July 1, 2012, or the date the State obtains all required signatures under Minnesota Statutes
Section 16C.05, subdivision 2, whichever is later.
The Contractor must not begin work under this contract until this contract is fully executed and the
Contractor has been notified by the State's Authorized Representative to begin the work.
1.2 Expiration date: June 30, 2017 or until all obligations have been satisfactorily fulfilled, whichever occurs first.
1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this contract: 8. Liability; 9.
State Audits; 10. Government Data Practices; 13. Publicity; 14. Governing Law, Jurisdiction, and Venue; and
16 Data Disclosure.
2 Contractor's Duties
Contractor, who is not a State employee, except as defined in Minn. Stat. § 299A.51, Subd 1 and 2, will:
A. Be responsible for all terms, tasks and conditions assigned by Minn. Stat. §§ 299A.48 to 299A.52 and Minnesota
Rules, Chapter 7514, including but not limited to the following:
1. Respond to hazardous materials incidents occurring in Contractor's primary and secondary response areas
when requested;
2. 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);
3. 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);
4. 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);
5. 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);
6. 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;
7. Ensure compliance with all other employer requirements established in Minnesota Rules, Chapter
7514.0600;
Footnote>>
CFMS Contract No. aContractNov
8. Conduct a formal evaluation of the team's response to eacli incident as required by Minnesota Rules,
Chapter 7514.1300;
9. 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;
10. 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.
11. 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;
12. 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; and
13. 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.
14. Maintain the minimum composition of team members required by Minnesota Rules, Chapter 7514.0800.
15. Respond to each incident with a minimum of three (3), and a maximum of Four (4) persons certified to the
levels of hazardous materials training required by Minnesota Rules, Chapter 7514.0800, Subpart 6;
16. 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
17. 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),
3 Time
The Contractor must comply with all the time requirements described in this contract. In the performance of this
contract, time is of the essence.
4 Consideration and Payment
4.1 Consideration. The State will pay for all services performed by the Contractor under this contract as follows:
(1) Contractor's Compensation. Contractor will be paid by the State for the following costs associated to:
(A) Capital equipment - cost of capital equipment including vehicles not to exceed $6,000.
(B) Training - Annual cost of training team personnel (excluding exercise training) not to exceed
$17,000. Training - Annual cost of exercise training, not to exceed Exercise costs are covered in our
grant from HSEM.
(C) Medical Examinations - Cost of annual medical examinations for team personnel not to exceed
$2,000.
(D) Consumable Supplies - Initial cost of consumable supplies not to exceed $3,000.
(E) Administration - Program administration costs not to exceed $10,000.
(F) Maintenance - Equipment maintenance costs not to exceed $7,000.
(Footnote»
CFMS Contract No. aContractNo»
(2) Contractor may deviate from proposed budget stated in Clause 4, Section 4.1, Item (1) of this contract
increasing and decreasing amounts between approved categories listed as needed and justified, with the
exception of Category (E). Category (E) pertains to administration costs and may not be increased more
than 20% without prior written approval from the State's Authorized Representative. The total amount for
Clause 4, Section 4.1, Item(1) may not exceed $45,000 per state fiscal year (June through July) of this
contract, and may not exceed a total of $90,000 for both state fiscal years of this contract. However, funds
not expended by the Contractor during the first state fiscal year of this contract may be carried over into the
second state fiscal year for services provided in the second year.
(3) Emergency Response Compensation. Contractor will be reimbursed by the State for the reasonable and
necessary costs associated with an actual response as follows:
(A) Team Personnel Costs;
$ 75.00 per hour, including wages and fringe benefits, per person and two (2) hour minimum.
(B) Additional Wage Costs for Local Callback Personnel;
$ 20.00 per hour, including wages and fringe benefits, per person.
(C) Vehicle Operating Costs;
$__40.00 per hour for support vehicles and $ lamer hour for hazardous materials response
vehicles.
(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.
(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.
(G) Administrative Costs Directly Resulting from the Emergency Response; Up to $350 per incident
based on actual costs incurred.
(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;
(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.
(4) Costs incurred under Clause 4, Section 4. 1, Item (3) of this contract for any single response by Contractor
may not exceed $5,000.00, unless authorized by the State.
«Footnote»
CFMS Contract No. «ContractNo»
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.
(5) The total obligation of the State for all compensation to Contractor incurred under Clause 4, Section 4. 1, Item
(1), of this contract, will not exceed 90 000.
4.2. Payment
Invoices The State will promptly pay the Contractor after the Contractor presents an itemized invoice for the
services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices
must be submitted timely and in a form prescribed by the State, and according to the following schedule:
(A) Contractor's Compensation: Contractor will submit a completed Contractor's Compensation
Reimbursement Packet at least annually but not more frequently than monthly for reimbursement of costs
identified in Clause 4, Section 4. 1, Items (1) and (2) of this contract. Final invoice for reimbursement of
costs pertaining to state fiscal year July 1, 2005 through June 30, 2006 must be received by the State no
later than July 31, 2006. The final invoice for reimbursement of costs pertaining to state fiscal year July
1, 2005 through June 30, 2006 must be received by the State no later than July 31, 2006. The State will
process completed Reimbursement Packets for compensation within thirty (30) days of receipt. The total
amount of reimbursement pertaining to Clause 4, Section 4. 1, Items (1) and (2) of this contract will not
exceed the limits of this contract.
(B) 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 4, Section 4. 1, Item (3). The State will process completed
forms for reimbursement within thirty (30) days of receipt. The total amount of reimbursement pertaining
to Clause 4, Section 4.1, Item (3) of this contract will not exceed the limits of this contract.
(C) Retainage: Under Minnesota Statutes Section 16C.08, subdivision 5(b), no more than 90% of the amount
due under this contract may be paid until the final product of this contract has been reviewed by the
State's agency head. The balance due will be paid when the State's agency head determines that the
Contractor has satisfactorily fulfilled all the terms of this contract.
Conditions of Payment
All services provided by the Contractor under this contract must be performed to the satisfaction of the State and
in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Contractor
will not receive payment for work found by the State to be performed in violation of federal, state, or local law,
ordinance, rule or regulation.
6 Authorized Representatives
The State's Authorized Representative is the Director of the Minnesota Division of Homeland Security
Emergency Management or his/her designee, and has the responsibility to monitor the Contractor's performance
and the authority to accept the services provided under this contract. If the services are satisfactory, the State's
Authorized Representative will certify acceptance on each invoice submitted for payment.
The Contractor's Authorized Representative is the Hopkins Fire Chief, Dale Specken, 101 If Ave. So., Hopkins,
MN 55343 (952)548-6451, or his/her successor. If the Contractor's Authorized Representative changes at any
time during this contract, the Contractor must immediately notify the State.
<<Footnote»
CFMS Contract No. oContractNov
7 Assignment, Amendments, Waiver, and Contract Complete
7.1 Assignment. The Contractor may neither assign nor transfer any rights or obligations under this contract
without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by
the same parties who executed and approved this contract, or their successors in office.
7.2 Amendments. Any amendment to this contract must be in writing and will not be effective until it has been
executed and approved by the same parties who executed and approved the original contract, or their
successors in office.
7.3 Waiver. If the State fails to enforce any provision of this contract, that failure does not waive the provision or
its right to enforce it.
7.4 Contract Complete. This contract contains all negotiations and agreements between the State and the
Contractor. No other understanding regarding this contract, whether written or oral, may be used to bind
either party.
8 Liability
The 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 the Contractor or the Contactor's agents or employees. Minn. Stat., § 299A.51
and Minnesota Rules, Chapter 7514.2000 govern the State's liability. 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.
9 State Audits
Under Minn. Stat. § 16C.05, subd. 5, the Contractor's books, records, documents, and accounting procedures and
practices relevant to this contract are subject to examination by the State and/or the State Auditor or Legislative
Auditor, as appropriate, for a minimum of six years from the end of this contract.
10 Government Data Practices
10.1. Government Data Practices. The Contractor and State must comply with the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this contract, and as it
applies to all data created, collected, received, stored, used, maintained, or disseminated by the Contractor
under this contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in
this clause by either the Contractor or the State.
If the Contractor receives a request to release the data referred to in this Clause, the Contractor must
immediately notify the State. The State will give the Contractor instructions concerning the release of the
data to the requesting party before the data is released.
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 Contactor, 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 Representative, 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.
11 Affirmative Action
11.1 For contracts in excess of $100,000.00 the Contractor certifies that it is in compliance with Minn. Stat. §
363.073.
11.2 If the Contractor has had more than 40 full time employees within the State of Minnesota on a single
working day during the pervious 12 months the Contractor must comply with the following Affirmative
Action requirements for disabled workers:
Footnote»
CFMS Contract No. aContractNo»
(A) The Contractor must not discriminate against any employee or applicant for employment because of
physical or mental disability in regard to any position for which the employee or applicant for employment
is qualified. The Contractor agrees to take affirmative action to employ, advance in employment, and
otherwise treat qualified disabled persons without discrimination based upon their physical or mental
disability in all employment practices such as the following: employment, upgrading, demotion or transfer,
recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection
for training, including apprenticeship.
(B) The Contractor will comply with the rules and relevant orders of the Minnesota Department of Human
Rights issued pursuant to the Minnesota Human Rights Act.
(C) In the event of the Contractor's noncompliance with the requirements of this clause, actions for
noncompliance may be taken in accordance with Minn. Stat. § 363.073, and the rules and relevant orders of
the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act.
(D) The Contractor will post in conspicuous places, available to employees and applicants for employment,
notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights.
Such notices must state the Contractor's obligation under the law to take affirmative action to employ and
advance in employment qualified disabled employees and applicants for employment, and the rights of
applicants and employees.
(E) The Contractor must notify each labor union or representative of workers with which it has a collective
bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Minn.
Stat. § 363.073, of the Minnesota Human Rights Act and is committed to take affirmative action to employ
and advance in employment physically and mentally disabled persons.
12 Workers' Compensation
The Contractor certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers'
compensation insurance coverage. Except, in accordance with the provisions of Minnesota Statutes, Chapter
299A.51, Subdivision 2, and Minnesota Rules Chapter 7514.2000.
13 Publicity
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 Representative, 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.
14 Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice -of -law provisions, governs this contract. Venue for all legal
proceedings out of this contract, or its breach, must be in the appropriate State or federal court with competent
jurisdiction in Ramsey County, Minnesota.
15 Termination
15.1 Termination by the State. The State or commissioner of Administration may cancel this contract at any
time, with or without cause, upon thirty (30) days' written notice to the Contractor.
(A) In the event of such a termination for cause, Contractor will refund to the State a pro rata amount of the
contract and funds received by Contractor for compensation in accordance with Clause 4, Section 4.1,
Items (1) and (2). Contractors who have satisfied the requirements of 7514.0600 prior to the date of
termination will not be subject to the pro rata refund provision contained in this clause.
oFootnote»
CFMS Contract No. aContractNov
(B) In the event of such a termination, Contractor will be entitled to payment of Contractor's Emergency
Response Compensation in accordance with Clause 4, Section 4.1, Item (3), incurred under this contract
as the result of a State authorized emergency response to a hazardous materials incident, for services
performed until the effective date of termination.
15.2 Termination by Contractor. This contract may be terminated by Contractor at any time, with or without
cause, upon ninety (90) days' written notice to the State.
(A) In the event of such a termination, Contractor will refund to the State a pro rata amount of the contract
and funds received by Contractor for compensation in accordance with Clause 4, Section 4.1., Items (1)
and (2). Contractors who have satisfied the requirements of 7514.0600 prior to the date of termination
will not be subject to the pro rata refund provision contained in this clause.
(B) In the event of such a termination, Contractor will be entitled to payment of Contractor's Emergency
Response Compensation in accordance with Clause 4, Section 4.1, Item (3), incurred under this contract
as the result of a State authorized emergency response to a hazardous materials incident, for services
performed until the effective date of termination.
16 Data Disclosure
Under Minn. Stat. § 270.66, and other applicable law, the Contractor consents to disclosure of its social security
number, federal employer tax identification number, and/or Minnesota tax identification number, already
provided to the State, to federal and State agencies and State personnel involved in the payment of State
obligations. These identification numbers may be used in the enforcement of federal and State laws which could
result in action requiring the Contractor to file State tax returns, pay delinquent State tax liabilities, if any, or pay
other State liabilities.
17 Other Provisions: All Appendices A through G referenced below are attached and incorporated into this
contract:
17.1 Primary Response Area Boundaries: For purposes of Clause 2, Contractor's primary response area
boundaries are established as described in Appendix A:
17.2 Secondary Response Area Boundaries: For purposes of Clause 2, Contractor's secondary response area
boundaries are established as described in Appendix B:
17.3 Contractor's Geographic Jurisdiction: For purposes of Clauses 8 and 12, Contractor's normal geographic
jurisdiction is established as described in Appendix C:
17.4 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:
(A) Contractor may use and have possession of the vehicles, trailers and equipment identified in Appendix
D.
(B) The State will retain title and legal ownership of loaned vehicles, trailers and equipment identified in
Appendix D, and provide for their replacement.
(C) The State will, 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.
(D) The State will maintain all necessary inventory control records on the vehicles, trailers and equipment
. identified in Appendix D.
(E) The State will administer any manufacturer's warranty claims that may result during Contractor's use
of the vehicles, trailers and equipment identified in Appendix D.
(F) 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.
(G) Contractor will keep and maintain the vehicles, trailers and equipment in proper operating condition.
«Footnote»
CFMS Contract No. aContractNo»
(H) Contractor will re -supply all disposable, expired and consumable components originally provided by
the State, and will supply any other necessary disposable and consumable components not provided by
State, at Contractor's expense.
(I) Contractor will be responsible for the cost of repairing or replacing vehicles, trailers and equipment that
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 will determine
whether the vehicles, trailers and equipment will be repaired or replaced.
Q) Contractor will be responsible for the costs of routine maintenance and repair in accordance with the
manufacturer's recommendations.
(K) Contractor will 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.
(L) Contractor will 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.
(M)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. The Contractor will bear the cost of any
travel and related expenses incurred by any person attending training.
(N) The person(s) trained by the State in the proper use, handling and maintenance of the vehicles, trailers
and equipment will provide that training to Contractor's team members and other appropriate
personnel.
(0) Contractor will make the vehicles, trailers and equipment available to personnel authorized by the State
when required for inventory or inspection purposes.
(P) Contractor agrees to provide secure heated storage for vehicles, trailers and equipment identified in
Appendix D.
(Q) 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:
1. State Owned Vehicles and Trailers Loaned to Contractor:
a) Automobile Physical Damage: Contractor agrees to provide automobile physical damage
(comprehensive and collision) coverage on all vehicles loaned to Contractor by the State; and,
b) Automobile Liability (Non-governmental Entities): Contractor agrees to provide automobile
liability coverage, including hired and non -owned automobiles, of not less that $1.0 million
dollars combined single limit on all vehicles loaned to Contractor by the State; or
c) Automobile Liability (Governmental Entities): Contractor agrees to provide automobile liability
coverage on all vehicles loaned to Contractor by the State. The limits of liability for such
coverage must be $300,000 for bodily injury and property damage per person, and $1,000,000
bodily injury and property damage per occurrence.
2. Contractor Owned Vehicles and Trailers:
a) Automobile Liability (Non-governmental Entities): Contractor agrees to provide automobile
liability coverage, including hired and non -owned automobiles, of not less than $1.0 million
dollars combined single limit on all Contractor owned or leased vehicles; or
b) Automobile Liability (Governmental Entities): Contractor agrees to provide automobile liability
coverage on all Contractor owned or leased vehicles. The limits of liability for such coverage
must be $300,000 for bodily injury and property damage per person, and $1,000,000 bodily injury
and property damage per occurrence.
3. State Owned Equipment Loaned to Contractor: Contractor agrees to provide "All Risk" property
floater insurance, or equivalent self-insurance, which provides replacement cost coverage on all State
owned property loaned to Contractor by the State.
4. Contractor may recover the cost of such insurance from the State in accordance with Clause 4, Section
4. 1, Item 1 (E), of this contract.
5. Contractor agrees to provide the State thirty (30) days advanced written notice of cancellation, non-
renewal, or reductions in limits or coverage's or other changes to the policy(s).
«Footnote»
CFMS Contract No. aContractNo»
17.5 Annual Reporting Requirements:
In addition to the report required by Clause 2, Section A, Item 9 of this contract, Contractor agrees to
provide the State with the following report:
Not later than January 30, 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;
(E) A current roster of team personnel which identifies each member's level of hazardous materials training;
and;
(F) Any recommendations for enhancement or improvement of the regional response team program.
17.6 Point of Contact for Team Dispatching: Contractor agrees to maintain a single point of contact that will be
used by the State to dispatch Contractor. Contractor's single point of contact is established as identified in
Appendix E.
17.7 For purposes of this contract, the designees of the State's Authorized Representative are included as
Appendix F of this contract.
17.8 For purposes of this contract, Contractor's primary and alternate representative(s) to the Hazardous
Materials Regional Response Team Program Team Advisory Committee are included as Appendix G of this
contract.
17.9 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.
17.10 The failure of one party to enforce any provision of this contract will not constitute a waiver by that party of
that or any other provision.
«Footnote»
CFMS Contract No. «ContractNo»
APPENDIX A
Description of Contractor's Primary Response Area
Contractor's Primary Response Area is described as follows:
The entire Minnesota counties of Carver, McLeod, Renville and Scott, in Hennepin County, all areas excluding
that area of the City of Minneapolis located north of the Mississippi River and the Cities of Brooklyn Center,
Brooklyn Park, Champlin, Dayton, Osseo and St. Anthony and any areas in Region 3
«Footnote» 10
CFMS Contract No. «ContractNo»
APPENDIX B
Description of Contractor's Secondary Response Area
Contractor's Secondary Response Area is described as follows:
The entire State of Minnesota.
«Footnote» 11
CFMS Contract No. aContractNo»
APPENDIX C
Description of Contractor's Normal Geographic Jurisdiction:
Contractor's normal geographic jurisdiction is described as follows:
The corporate limits of the City of Hopkins.
Footnote» 12
CFMS Contract No. aContractNo»
APPENDIX D
List of State Owned Vehicles, Trailers and Equipment Loaned to Contractor
Item CATs
(11)
1
Reference Materials 1
CHRIS Hazardous Chemical Data Manual 1
Crop Protection Chemical Reference 1
2004 Emergency Response Guide Book 1
Emergency Care for Hazardous Materials Exposure 1
Emergency Handling of Hazardous Materials in Surface Transportation 1
Firefighters Handbook of Hazardous Materials 1
GATX Tank Car Manual 1
Handbook of Compressed Gases 1
Hazardous Chemicals Desk Reference 1
Hazardous Materials Exposure: Emergency Response and Patient Care 1
NIOSH Pocket Guide to Chemical Hazards 1
The Pesticide Book 1
Regional Response Team Program Manual 1
1
Vehicles and Trailers
1
Hazardous Materials Response Truck (Freightliner)/Accessories (see
1
attached)
26' Equipment Trailer/Accessories (see attached)
1
Suburban Response Vehicle
1
Computers/Radios/Electronics
3
Itronix Go Book Laptop Computer/Software
3
Hp Laptop Computer/Software
2
Cellular Telephone/Accessories
1
Global Star Satellite Telephone/Accessories
1
800 Mhz Radio/Accessories
6
VHF Radio/Accessories
1
Motorola XTS 5000 Radio/Charger
1
2
Motorola Saber Radio
1
Scott Bone Mic 12 pr.
12 pr.
12 pr.
12 pr.
Otto Communications Skull Mic 12 pr.
12 pr.
24 pr.
Footnote» 13
Bendix King Portable Radio - 5 Watt
Bendix King Radio Charger Bank
Bendix King Single Charger
Bendix King Spare Batteries
Garmin Street Pilot 2610 GPS
Garmin Etrex GPS
Cannon i80 Printer
CFMS Contract No. aContractNo»
6 pr.
6
4
4
20
24
1 cs.
2
1
2 bxs.
Tripp Lite 375 Watt Inverter
1 set
Olympus C-740 Digital Camera
1 set
Sony Hand ycam/Char er
1
Monitoring and Detection Equipment
1
SKC Vacu Chamber
1
Air Sampling Kit
3
Phd Lite 4 Gas Monitor
1
Drager Pac III Ammonia Monitor/Calibration Kit
1
3
Dra er Pac III Chlorine Monitor/Calibration Kit
1 set
Q RAE 4 Gas/PID
1
Mini Rae 2000
1
1
RKI Eagle
1
1
Area Rae
1
Eberline El 20E Geiger Counter
1
6
Penn 2000 Model 138 Dosimeter
1
1
1
1
1
MRAD 113 Dosimeter
1
1
1
Victoreen Radiological Monitor
1
Thermo Radiameter
1
WeatherPak Meteorological Station
1
APD 2000
1
Prime Alert GP32 Biological Kit
1
M8 Paper
1
M9 Paper
1
aFootnote» 14
CFMS Contract No. «ContractNo»
M256 Paper
1
Spilfyter Kit
1
Drager Chips
1
Drager Tubes (WMD)
2
Drager Tubes (Chemical)
1
Drum Sampler
1
Bottles
1 set
Pipettes
1
Various Calibration Gases
4
ISG K1000 Fire Cam/Charger
1
ISG Spare Battery
1
Area Rae Rapid Response Kit w/Gamma Detection and Accessories
1
Wireless Multi Gas Monitors
1
Chemical Resistant Boots
1
1
IBM Think Pad 1
Personal Protective Equipment 2
Scott SCBA/Bottles 2
4
2
Footnote» 15
1
1
1
Scott SCBA Mask
2 sets
2
1
1
MSA Ultra Twin APR Type H
1
MSA Ultra Twin APR Type H Cartridges
1
Level A Encapsulating Suit
1
Level B Non Encapsulating Suit
1
Level B Encapsulating Suit
1
Level C Splash Suit
1
Chemical Resistant Boots
1
1
3
1
Footnote» 15
CFMS Contract No. aContractNo»
APPENDIX E
Description of Contractor's Single Point of Contact for Team Dispatching
Contractor's single point of contact for purposes of team dispatching is described as follows:
Hennepin County Sherriff's Radio located at 93300 Naper St Golden Valley MN 55427.
The 24 hour emergency number is (763) 525-6216.
<<Footnote>> 16
CFMS Contract No. aContractNo»
APPENDIX F
List of Designees of the State's Authorized Representative
State's Authorized Representative:
Kris Eide Director - Division of Homeland Security Emergency Management
Designees of State's Authorized Representative:
Kevin Reed MN Division of Homeland Security Emergency Management
Bill Chandler MN Division of Homeland Security Emergency Management
Other persons identified by the State to Contractor in writing.
Authority of Designees:
Clause 4, Section 4. 1, Item (2) Authorization to approve Contractor's Compensation budget deviations
of more than 20% pertaining to category (E)., "administrative costs".
Clause 4, Section 4.1, Item (4) Authorization to approve Emergency Response Compensation in excess
of $5,000.00.
Clause 4, Section 4.2, Item (1) Authorization to approve invoices for Contractor's Compensation and
Emergency Response Compensation.
Clause 13 Authorization to approve publicity or publications
prepared by or for the Contractor, and authorization to give instructions
to the Contractor concerning the release of data to a requesting party
before the data is released.
The undersigned hereby delegate the authorities listed above to those persons identified as Designees of State's
Authorized Representative. These authorities are delegated until revoked in writing.
Kris Eide Date
Director - Minnesota Division of Homeland Security Emergency Management
Footnote» 17
APPENDIX G
CFMS Contract No. «ContractNo»
List of Contractor's Primary and Alternate Representatives
to the Hazardous Materials Regional Response Team Program
Team Advisory Committee
Contractor's primary and alternate representatives to the Hazardous Materials Regional Response Team Program Team
Advisory Committee are as follows:
Primary Representative
Dale Specken, Chief
City of Hopkins Fire Department
101 17"' Avenue South
Hopkins, MN 55343
Alternate Representative
Curt Mackey, Assistant Chief
City of Hopkins Fire Department
101 17"' Avenue south
Hopkins, MN 55343
«Footnote» 18
1. STATE ENCUMBRANCE VERIFICATION
Individual certifies thatfunds have been encumbered as
required by Minn. Stat. §§ 16A.15 and 16C.05.
Signed:
Date:
CFMS Contract No.<<ContractNo»
2. CONTRACTOR
The Contractor certifies that the appropriate person(s)
have executed the contract on behalf of the Contractor as
required by applicable articles, bylaws, resolutions, or ordinances.
By:
Title:
Date:
By: _
Title:
Date:
CFMS Contract No. aContractNo»
3. STATE AGENCY
By:
(with delegated authority)
Title:
Date:
4. COMMISSIONER OF ADMINISTRATION
As delegated to Materials Management Division
By:
Date:
5. ATTORNEY GENERAL
As to form and execution
By:
Date:
<<Footnote» 19