CR 2012-117 Approval of State Contract Authorizing the Hopkins Fire Department to Continue as a State of MN Hazardous Materials Chemical Assessment TeamOct 16, 2012
Council Report 2012-117
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-
074, 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 expired on Oct l st 2012. A new two year contract for Oct, 1 st 2012 through Sept
30th 2014 has been given to us by the State for our signatures. There have been no
changes from the current contract.
Primary Issues to Consider:
Have there been any problems with this program so far? No.
Has the fire protection in Hopkins suffered when the team was activated? No.
Has this program been good for Hopkins? Yes. Our people are higher trained and
better equipped with no additional City funding.
Supporting Information:
• Resolution 2012-074
• RFP for Proposal for State Chemical Assessment Team
(2& Ie4 a
Dale Specken
Fire Chief
City of Hopkins
Hennepin County, Minnesota
RESOLUTION NO. 2012-074
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 16th day of October, 2012.
By:
Eugene J. Maxwell, Mayor
ATTEST:
Kris Luedke, City Clerk
Professional and
Technical Services Contract
State of Minnesota
SWIFT Contract No.: 52407
This Contract is between the State of Minnesota, acting through its Commissioner of Public Safety, Division of
Homeland Security and Emergency Management ("State") and City of Hopkins, Fire Department, whose designated
business address is 101 17 Avenue South, Hopkins, Minnesota 55343 ("Contractor").
Recitals
1. Under Minn. Stat. § 15.061 and 299A.50, Subd. 2, and Reorganization Order # 191 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 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
I. Term of Contract
1.1 Effective date: October 1, 2012, or the date the State obtains all required signatures under Minn. Stat. §
16C.05, subd. 2, whichever is later. The Contractor must not begin work under this Contract until this Contract
is fully executed and the Contractor has been notified by the State's Authorized Representative to begin the
work.
1.2 Expiration date: September 30, 2014, 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.
Indemnification; 9. State audits; 10. Government data practices and intellectual property; 13. Publicity and
endorsement; 14. Governing law, jurisdiction, and venue; and 15. Data disclosure.
2. Contractor's duties
The Contractor, who is not a state employee, except as defined in Minn. Stat. § 299A.51, Subd 1 and 2,' will:
2.1 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:
(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 operation with local, state and federal agencies, Indian tribes, and
private response organizations through the Minnesota Incident Management System (Minnesota Rules,
Chapter 7514.01800, Subpart 1);
(D) Ensure that team members are in compliance with the initial, continuing education, and team training
requirement 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);
Page 1
Swift Contract No. 52407
(F) Deploy team personnel and equipment to a hazardous materials incident within and 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;
(H) Conduct a formal evaluation of the team's response to each incident as required by Minnesota Rules, Chapter
7514.1300;
(1) Submit a detailed report of the team's response to an incident as required by Minnesota Rules, Chapter
7514.0900, Subpart 7, and take all appropriate measures to identify to the State the responsible person of
each incident, to include Social Security number or Federal Tax Identification number, -
(J) Designate a primary and alternate representative to the Hazardous Materials Regional Response Team
Program Advisory Committee, who will attend all meetings of the 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;
(L) Maintain and store emergency response vehicles and equipment, whether loaned to Contractor by the State,
or owned by the 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, to include Social Security number or Federal Tax Identification number;
(N) Maintain the minimum composition of team members required by Minnesota Rules, Chapter 7514.0800.
(0) Respond to incidents to perform the functions of a Chemical Assessment Team as required by Minnesota
Rules, Chapter 7514.0900, subparts 3 and 4, with a minimum of three (3) and a maximum of five (5) 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 at the scene of a hazardous materials incidents by providing
simple mitigation to the hazardous materials incident and recommend to the local incident manager the best
means of controlling the hazard after consideration of life safety concerns, environmental effects, exposure
hazards, quantity and type of hazardous material, availability of resources, or other relevant factors (Minnesota
Statute, Chapter 299A.49, subpart 2);
(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)_
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:
(A) Compensation. The Contractor will be paid by the State for the following costs in each year of the
contract associated to:
(1) Capital equipment — cost of capital equipment including vehicles not to exceed $6,000.00.
(2) Training — Annual cost of training team personnel (excluding exercise training) not to exceed
$17,000.00.
(3) Medical Examinations — Cost of annual medical examinations for team personnel not to exceed
$2,000.00.
(4) Consumable Supplies — Initial cost of consumable supplies not to exceed $3,000.00.
(5) Administration — Program administration costs not to exceed $10,000.00
(6) Maintenance — Equipment maintenance costs not to exceed $7,000.00
(B) Contractor may deviate from proposed budget stated in Clause 4, Section 4.1, Item (A) of this contract
increasing and decreasing amounts between approved categories listed as needed and justified with the
exception of category (5)_ Category (5) pertains to administration costs and may not be increased more
Page 2
Swift Contract No_ 52407
than 20% without prior written approval from the State's Authorized Representative of this contract. The
total amount for Clause 4, Section 4.1, item (A) may not exceed $45,000.00 per year (October through
September) of this contract, and may not exceed $90,000.00 for all years of the contract. Funds not
expended by the Contractor during the first year of the contract will be cancelled.
(C) Emergency Response Compensation. Contractor will be reimbursed by the State for the reasonable
and necessary costs associated with an actual response as follows:
(1) Team Personnel Costs:
$75.00 per hour, including wages and fringe benefits, per person, 2 hour minimum
(2) Additional Wage Costs for Local Callback Personnel:
$20.00 per hour, including wages and fringe benefits, per person, 2 hour minimum
(3) Vehicle Operating Costs:
$40.00 per hour for support vehicles, and $100.00 per hour for hazardous materials response
vehicles.
(4) Cost of Consumable Supplies Used:
Contractor will submit an itemized invoice for actual costs. Costs for this item wilt not exceed the
actual costs incurred.
(5) Costs of Repair or Replacement of Damaged or Destroyed Equipment:
Contractor will submit an itemized invoice for actual costs incurred. If costs exceed $500.00, the
State may request competitive bids or quotes prior to the repair or replacement of equipment.
Contractors, who are municipalities, must comply with municipal bidding laws.
(6) Communications Costs:
Contractor will submit an itemized invoice for actual costs incurred. Eligible costs are defined as
cellular and land line telephone costs for voice, data, or facsimile transmissions.
(7) Administrative Costs Directly Resulting from the Emergency Response:
Up to $350.00 per incident, based on actual costs incurred. Contractor may request additional
administrative cost compensation, based on an itemized invoice for actual costs incurred, when
extraordinary circumstances resulting from a specific State authorized emergency response are
documented.
(8) Costs incurred in the use of Special Equipment as provided in Minnesota Rules, Chapter
7514.1200_
Contractor will submit an itemized invoice for actual costs_ Costs for this item will not exceed the
actual costs incurred.
(9) Costs associated with providing Support to Cleanup Operations when requested in accordance
with Minnesota Rules, Chapter 7514.0900, Subpart 5_
Year 1 and 2: Contractor will submit an itemized invoice for actual costs. Costs for this item will
not exceed the actual costs incurred.
(10) Costs associated with providing Standby Technical Assistance when requested in accordance with
Minnesota Rules, Chapter 7514.1600, Subpart 4.
Contractor will submit an itemized invoice for actual costs. Costs for this item will not exceed the
actual costs incurred.
(11) Other Direct Costs incurred by the Contractor as a result of the Emergency Response.
Contractor will submit an itemized invoice for actual costs. Costs for this item will not exceed the
actual costs incurred.
(D) Costs incurred under Clause 4, Section 4.1, Item (C) of this contract for any single response by Contractor
may not exceed $5.000.00, unless authorized by the State.
All necessary and reasonable costs associated with a State authorized emergency response to a
hazardous materials incident, incurred by the Contractor and authorized by the State, will be billed by the
State to the responsible person, and managed by the State through a separate revolving account for such
Page 3
Swift Contract No. 52407
incidents_ Contractor agrees that the State subrogates to the rights of the Contractor against the
responsible person as defined in Minnesota Statutes 299A.52.
(E) The total obligation of the State for all compensation to Contractor incurred under Clause 4, Section 4. 1,
Item (A), of this contract will not exceed $90,000.00-
4..2 Payment.
Winvoices. 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:
(1)Contractor Compensation: Contractor will submit a completed Contractor's Compensation
Reimbursement Packet at least annually but not more frequently than monthly for reimbursement of
costs identified in Clause 4, Section 4.1, Items (A) and (B) of this contract. Final invoice for
reimbursement must be received by the State no later than October 30, 2014. The State will process
completed Reimbursement Packets for compensation within thirty (30) days of receipt. The total
amount of reimbursement pertaining to Clause 4, Section 4. 1, Items (A) and (B) of this contract will not
exceed the limits of this contract_
(2)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, Items (C). The State will process
completed forms for reimbursement within thirty (30) days of receipt.
(B) 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.
(C) Federal funds. (Where applicable, if blank this section does not apply) Payments under this contract
will be made from federal funds obtained by the State through Title CFDA number of
the Act of . The Contractor is responsible for compliance with all federal requirements
imposed on these funds and accepts full financial responsibility for any requirements imposed by the
Contractor's failure to comply with federal requirements.
5. Conditions of payment
All services provided by the Contractor under this Contract must be performed to the State's satisfaction, as
determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable
federal, state, and local laws, ordinances, rules, and regulations including business registration requirements of the
Office of the Secretary of State. The Contractor will not receive payment for work found by the State to be
unsatisfactory or performed in violation of federal, state, or local law.
6. Authorized Representative
The State's Authorized Representative is Kris Eide Director of the Minnesota Division of Homeland Security and
Emergency Management. or his/her successor, 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 Dale Spe_cken, Fire Chief. City of Hopkins Fire Department, at the
following business address and telephone number: 101 17 enue South, 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.
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.
Page 4
Swift Contract No. 52407
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.
Indemnification
In the performance of this Contract by Contractor, or Contractor's agents or employees, the Contractor must
indemnify, save, and hold harmless the State, its agents, and employees, from any claims or causes of action,
including attorney's fees incurred by the State, to the extent caused by Contractor's:
a) Intentional, willful, or negligent acts or omissions; or
b) Actions that give rise to strict liability; or
c) Breach of contract or warranty.
Minn. Stat. § 299A.51 and Minnesota Rules, Chapter 7514.2000 govern the Contractor's liability. The
indemnification obligations of this section do not apply in the event the claim or cause of action is the result of the
State's sole negligence. This clause will not be construed to bar any legal remedies the Contractor may have for
the State's failure to fulfill its obligation under 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 and intellectual property
10.1 Government data practices. The Contractor and State must comply with the Minnesota Government Data
Practices Act, Minn. Stat. ch. 13, (or, if the State contracting party is part of the Judicial Branch, with the
Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as
the same may be amended from time to time) 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 governed by the Minnesota Government Practices Act, Minn. Stat ch. 13, 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 and consult with the State's Authorized Representative as to how the Contractor should
respond to the request The Contractor's response to the request shall comply with applicable law.
11. Workers' compensation and other insurance
Contractor certifies that it is in compliance with all insurance requirements specified in the solicitation
document relevant to this Contract. Contractor shall not commence work under the Contract until they have
obtained all the insurance specified in the solicitation document. Contractor shall maintain such insurance in
force and effect throughout the term of the Contract.
Further, the Contractor certifies that it is in compliance with Minnesota Statute § 176.181, subdivision 2,
pertaining to workers' compensation insurance coverage. The Contractor's employees and agents will not be
considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Acton
behalf of these employees or agents and any claims made by any third party as a consequence of any act or
omission on the part of these employees or agents are in no way the State's obligation or responsibility.
12 Debarment by State, its Departments, Commissions, Agencies or Political Subdivisions
Contractor certifies that neither it nor its principles is presently debarred or suspended by the State, or any of
its departments, commissions, agencies, or political subdivisions. Contractor's certification is a material
representation upon which the contract award was based. Contractor shall provide immediate written notice to
the State's authorized representative if at any time it learns that this certification was erroneous when
submitted or becomes erroneous by reason of changed circumstances_
Page 5
73. Publicity and endorsement Swift Contract No. 52407
13.1 Publicity. Any publicity regarding the subject matter of this Contract must identify the State as the sponsoring
agency and must not be released without prior written approval from the State's Authorized Representative.
For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research,
reports, signs, and similar public notices prepared by or for the Contractor individually or jointly with others, or
any subcontractors, with respect to the program, publications, or services provided resulting from this
Contract.
13.2 Endorsement. The Contractor must not claim that the State endorses its products or services.
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. Data disclosure
Under Minn. Stat. § 270C.65, subd. 3 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.
16. Payment to subcontractors
[if applicable] As required by Minn. Stat_ § 16A.1245, the prime Contractor must pay all subcontractors, less any
retainage, within 10 calendar days of the prime Contractor's receipt of payment from the State for undisputed
services provided by the subcontractor(s) and must pay interest at the rate of one and one-half percent per month
or any part of a month to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s)_
17. Termination
17.1 Termination by the State. The State or Commissioner of Administration may cancel this Contract at any
time, with or without cause, upon 30 days' written notice to the Contractor. Upon termination, the Contractor
will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed.
17.2 Termination for insufficient funding. The State may immediately terminate this Contract if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a
level sufficient to allow for the payment of the services covered here Termination must be by written or fax
notice to the Contractor. The State is not obligated to pay for any services that are provided after notice and
effective date of termination. However, the Contractor will be entitled to payment, determined on a pro rata
basis, for services satisfactorily performed to the extent that funds are available. -1 he State will not be
assessed any penalty if the Contract is terminated because of the decision of the Minnesota Legislature, or
other funding source, not to appropriate funds. The State must provide the Contractor notice of the lack of
funding within a reasonable time of the State's receiving that notice.
18. Non-discrimination (In accordance with Minn. Stat. § 181.59)
The Contractor will comply with the provisions of Minn. Stat. § 181.59 which require:
Every contract for or on behalf of the state of Minnesota, or any county, city, town, township, school,
school district, or any other district in the state, for materials, supplies, or construction shall contain
provisions by which the contractor agrees:
(1) that, in the hiring of common or skilled labor for the performance of any work under any
contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of
race, creed, or color, discriminate against the person or persons who are citizens of the United
States or resident aliens who are qualified and available to perform the work to which the
employment relates,-
(2)
elates;(2) that no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or
intimidate, or prevent the employment of any person or persons identified in clause (1) of this
section, or on being hired, prevent, or conspire to prevent, the person or persons from the
performance of work under any contract on account of race, creed, or color,
(3) that a violation of this section is a misdemeanor, and
(4) that this contract may be canceled or tenninaled by the state, county, city, town, school board,
or any other person authorized to grant the contracts for employment, and all money due, or to
become due under the contract, may be forfeited for a second or any subsequent violation of
the terms or conditions of this contract "
Page 6
Swift Contract No. 52407
19. E -Verify certification (in accordance with Minn. Stat. § 16C.075)
For services valued in excess of $50,000, Contractor certifies that as of the date of services performed on behalf
of the State, Contractor and all its subcontractors will have implemented or be in the process of implementing the
federal E -Verify Program for all newly hired employees in the United States who will perform work on behalf of the
State. Contractor is responsible for collecting all subcontractor certifications and may do so utilizing the E -Verify
Subcontractor Certification Form available at http://www.mmd.admin.state.mn.us/doc/EvedfvSubCertForm.doc.
All subcontractor certifications must be kept on file with Contractor and made available to the State upon request.
20. Other Provisions: All Appendices A through G referenced below are attached and incorporated into this
contract:
20.1 Primary Response Area Boundaries. For purposes of Clause 2, Contractor's primary response area
boundaries are established as described in Appendix A:
20.2 Secondary Response Area Boundaries: For purposes of Clause 2, Contractor's secondary response
area boundaries are established as described in Appendix B:
20.3 Contractor's Geographic Jurisdiction: For purposes of Clauses a and 11, Contractor's normal
geographic jurisdiction is established as described in Appendix C:
20.4 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.
(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.
(1) 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.
(J) Contractor will be responsible for the costs of routine. maintenance and repair in accordance with the
manufacturer's recommendations_
(I) 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
Page 7
Swift Contract No. 52407
of this contract:
(1) 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.
(2) Contractor may recover the Cost of such insurance from the State in accordance with Clause 4,
Section 4.1, Item A. (5), of this contract.
(3) 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).
20.5 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.
20.6 For purposes of this contract, the designees of the State's Authorized Representative are
included as Appendix F of this contract.
20.7 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.
20.8 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.
20.9 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.
1. State Encumbrance Verification
Individual certifies that funds have been encumbered as
required by Minn. StBOR D
Print name:
Signature:
Title: IAG�IE�C�(4C3Pil --
SWIFT Contract No.: 5240713-14432
2. Contractor
The Contractor certifies that the appropriate person(s) have
executed the Contract on behalf of the Contractor as required
by appilcable articles, bylaws, resolutions, or ordinances.
Print name: e r < -0 /`? a. w %(r
Signature: i
Title: Date:
Print name:
Signature: c
Title: (2 t44 � l iNG-13}CDate, d -
Distribution:
Agency
Contractor
State's Authorized Representative - photo copy
3. State Agency
With delegated authority
Print name:
Signature:
Title: _ Date:
4. Commissioner of Administration
As delegated to Materials Management Division
Print name:
Signature:
Title:
Print name:
Signature:
Title:
Date:
Date:
Page 8
Swift Contract No. 52407
APPENDIX A
Description of Contractors 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.
Page 9
APPENDIX B
Description of Contractor's Secondary Response Area
Contractor's Secondary Response Area is described as follows:
The entire State of Minnesota.
Swift Contract No. 52407
Page 10
APPENDIX C
Description of Contractofs Normal Geographic Jurisdiction
Contractor's normal geographic jurisdiction is described as follows:
The corporate limits of the City of Hopkins, Minnesota
Swift Contract No. 52407
Page 11
Swift Contract No. 52407
APPENDIX D
MN Department of Homeland Security- Hazardous Materials Regional Response Team
Program
State Owned/Provided Team Equipment list
---Stem - -
Reference�Mlafenaf,�z°';f
CGIH Threshold Limit Values and Biological Exposure Indices
1
ssociation of American Railroads Emergency Action Guides
1
CHRIS Hazardous Chemical Data Manual
1
Comprehensive Guide to Hazardous Properties of Chemical Substances
1
Crop Protection Chemical Reference
1
2012'Eme[gency Response Guidebook
1
Emer,qency Care for Hazardous Materials Exposure
1
Emergency Handling of Hazardous Materials in Surface Trans ortation
1
Firefighter's Handbook of Hazardous Materials
1
General American Tank Car Company GATX Tank Car Manual
1
Handbook of Compressed Gases
1
Hazardous Chemicals Desk Reference
1
Hazardous Materials Exposure. Emergency Response and Patient Care
1
Jane's CHEM -BIO Handbook
1
Kapler Computerized Chemical Permeation Suit Selection Guide I
1
NFPA Fire Protection Guide on Hazardous Materials
1
NIOSH Pocket Guide to Chemical Hazards
1
Symbol Seekers
The Pesticide Book
1
Regional Response Team Pro ram Manual
1
�... -
D`e co ntatn i n ati, WN br r p m e n t
-
Astro Turf Mats
3
Brushes, Soft Bristle Long Handle
3
Car Wash Brushes with Garden Hose Connection
2
_
Patay Diaphragm Pump, with Hoses and 1 Extra Set Nitrile Dia hra ms
1
Steel Salvage Drum, 30 gal
3
Emergency Eyewash Kit, Saline Solution
1
Folding Chairs or Stools
6
Folding Table, 72" x 30"
1
Folding Table, 60" x 30"
1
Foot Stools/Ste - Plastic 2
Lighting System - Flood, with Generator 6K
1
Personal P'rotfective'E `'ui inept
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 _
Neoprene/Nitrile _
12 pr.
Silver Shield / 4-H
12 pr.
PVC/Nitrile
12 pr.
Vicon _ I
12 pr.
Kevlar _ _
12 r.
Sol -Vex Nitrile
24 pr.
Page 12
Swift Contract No. 52407
Goggles
6 pr.
Hard Hats/ Rescue Helmets
6
Level B Encapsulating Suits
4
Level B Non -Encapsulating Suits
20
Level B Non -Encapsulating Suits
24
Level C Disposable Suits
1 cs_
Suit Cooling Vests
2
Suit Test Kit
1
Vinyl Gloves 2 bxs
Leak C..
ontrol IieslaRil;:E ,rls.
Bonding and Grounding Equipment
1 set
Dome Cover Clamps
1 set
Drum U ender 1
Radro anc,Other CommunicatiorisE c.
Cellular Phone, Dual Nam
1
Mobile Radio -100 watt
1
Portable Radio — 800 MHz
5
Portable Radio Gang Charger
1
Portable Radio Single Charger
1
Portable Radio Spare Batteries
5
In -Suit Communications Equipment 3 sets
f
Com ii#er E uiis metitlSoRware,ra Lr, l jy�i »ih 5 utho Q } I%3y y 6i 4hw 'S/ x f.�bw4 Y K4
l' i:'C 1.'4 4i„Fti• fa.
ALOHA Software
1
RCHIE Software
1
CAMEO Windows and Sup qrtinq Maps 1
Nlonrto`naniDe 'ctrortE"ur
Air Sampling System
1
SpilF ter Kit
1
Leak Detection Solution
1
Colorimetric Detection Tube Kit
1
Dosimeter
6
Dosimeter Charger
1
Drum Sampler
1
Gas Monitor
1
Gas Monitor Calibration Gas
1
Chlorine Single Gas Monitor (Pac III)
1
Chlorine Calibration Gas Kit
1
Ammonia Sin le Gas Monitor (Pac 111
1
Ammonia Calibration Gas Kit
1
Photo ionization Detector
1
PID Calibration Gas Kit
1
Radiolo ical Monitor ictoreen
1
WeatherPak Meteorolo ical Station 1
.;:
Basrc Su'' ression Equl
Class D Powder
1
Foam Eductor
1
Foam Application Nozzle - AFFF/ATC
1
Foam Application Nozzle - 65:1 1
N(tr` atlon�Su 'Iresi' ;r `
Citric Acid, 30gals-
Soda Ash 40 Ib. bas
3
S ill -X Acid Neutralizer, 5 al_
1
Page 13
Swift Contract No 52407
S ill -X Caustic Neutralizer, 5 gal.
S `i 1 Conitain ti+en ;SuM lies'and E ui ment (.
1
Absorbent Booms/Pads/Pillows
1 set
Containment Boom, 75'
1
Drysorb Type Absorbent, 40 Ib. bas
Lab Packs _
Magic Sorb 25 Ib_ bas
Plu-N-DikeBenton[te Clay, 5 gal. pail
4
1 set
2
1
Poly OverDack 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.
Steel Salvage Drum, 15 gal.
1
1
Steel Salvage Drum, 8 gal.
1
Two Wheel Drum Truck
400
1
Drum Bung Wrench
1
Lockout/ Ta out Kit
1
Non -sparking Scoop Shovels
1
Non -sparking Square Nose Shovels
Steel Spade Shovels - .
. ctc en Nlati3'ge . en€t and'`Administrative,Suppli"es and Equipment
2
4
ICS Vest S stem
2
26' Equipment Trailer and all accessories contained within.
1
Suburban Response Vehicle
600 watt Inverter
Battery Conditioner
Electric Trailer Brake System
1
1
1
1
Electronic Engine Idler
1
Emergency Light Waming System
1
Passenger Safety Screen
1
Radio Console
1
Roll-out Storage Tray
1
_
Siren System
1
StreamLite Hand Lantems and Chargers
3
Trailer Hitch and bring
1
Hazariiou t ilal� lies onse Truck P. kiij hff(ii j
Two 50' loose #10-3 SO electrical cords with compatible ends
2
One 4'type 3 fiberglass stepladder
1
Four 10' sections of 3" PVC pipe
4
Two sets of aluminum wheel chocks
2
_
Four Stream light model # SL40XF orange liteboxes
4
Two (2) Super -Vac or approved equal model SF164E explosion roof fans
2
Two 2 Kwik -Raze 500 watt quartz light with pole
2
Jniversal haz-mat patch & plug kit "ECAENS" Mfg. Indian Springs Specialty{
'roducts "A" & "E" kits w/ non -sparking tools j
1
Page 14
Swift Contract No. 52407
Pipe plugging kit "ECC -1" Mfg. Indian Springs Specialty Products for 1"- 4"
pipes.
1
External pipe patching kit "ECC -2" Mfg. Indian Springs Specialty Products
for %" — 4" pipes
1
Chlorine Institute Emergency Kit "A" w/ 15 min. instructional video
1
Chlorine Institute Emergency Kit "B"
1
Chlorine Institute Emer enc Kit "C"
1
Chlorine Institute Cylinder Recovery Vessel Mfg. By Indian Spring
SpecialSpecialtV Products Inc. Part #CRVW with wheels
1
Sulfur Dioxide Cylinder Gasket Kit Part #SA
1
Sulfur Dioxide One -Ton Container Gasket Kit Part #SB
1
Sulfur Dioxide Tank Car and Tank Track Gasket Kit Part #SC
1
800Mhz Radio Enc ted
5
One 800Mhz Radio antenna Max Rad % wave whip
1
HF Broadband Unity Gain Antenna Part#W652
1
One cellular phone including hands free kit
1
One cellular phone 3 watt booster with vehicle mount antenna
1
Satellite phone kit Mfg. By Global Star to include hi capacity polymer lithium
battery, hands free kit, yellow hard-shell pelican case and antenna.
1
Cobra -ices onse�Cit�-�1�1Man.ufacfured,� 6efe'nse;G�ou �lnlc:
1
Cobra Response Kit:
Pentax DSmobile USB Scanner
1
Canon BJC-55 Bubble Jet Printer
1
Printer USB Cable
1
GPS Receiver and cable
1
Garmin Mapping Software
1
DC Power inverter
1
Pelican Hardside Case w/ added insert
1
Pelican Lid Organizer
CoBRA Software v2.0
1
Safe �Too�s LEC WWW No!�4aWin }f'oo{ Kft
;
Wrecking Bar Bar -01 5/8" 15 3/."
1
Crow Bar Bar -08 9/:" 19 5/8"
1
Cold Hand Chisel Chi -01 5/8"6 YW'
1
Cold Hand Chisel Chi -09'/" 7 7/8"
1
Knife, PuttKni-20 2" 8"
Knife, PuttKni-21 1 5/8" 8"
1
Knife, Putty Kni-30 3 Y" 8"
1
Knife, Common Kni-5 10"
1
Pliers Combination Pli-30 6"
1
Pliers Combination Pli-31 8"
1
Pliers, Lineman's side cutting Pli-40 8 W
1
Pliers, Groove Joint Pli-39 10"
1
Pliers, Long Nose Side Cutting Pli-41 6"
1
Page 15
Swift Contract No_ 52407
Scraper, Deck Scr-10 2" 133%
1
Screwdriver, Standard Scd-48 3/16" 3"
Screwdriver, Standard Scd-50'/." 4"
1
Screwdriver, Standard Scd-54 5/16" 8"
1
Screwdriver, Phillips Type Scd-60 #1 3"
1
Screwdriver, Phillips Type Sed -62 #2 4"
1
Screwdriver, Phillips Type Scd-64 #3 6"
1
Screwdriver, Phillips Type Scd-66 #4 8"
1
Wrench, Bung Double Head Wru-03 15"
1
Hammer, Claw Ham -20.75 Lbs 4'/Z"
1
Hammer, Engineers Double Face Ham -15 2.25 Lbs 4 3/8"
1
Hammer, Engineers Double Face Ham -70 5 Lbs 6 %4"
1
Wrench, Pie Bronze Wr 14 14" 1
Wrench, Pipe Bronze W 8 8" %"
1
Wrench, Adjustable Wra-08 8" 15/16"
1
Wrench, Adjustable Wra-10 10" 1 1/8" _
1
Wrench, Adjustable Wra-12 12" 1 3/8"
1
Wrench, Combination Box and Open End Set 9 Pieces 3/8" Thru 1"
1
Wrench Combination Box and Open End Set 11 Pieces 8mm thru 32mm
1
Wrench, Sockets %12" Drive Set W/Ratchet & Extension 5/16" Thru 1"
1
Wedge 4 Each Wd -031 /2" 2" 6"
Wedge 4 Each Wd -23 3/8" 2" 4"
1
Case, High Impact
1
Page 16
Swift Contract No. 52407
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:
The Hennepin County Sheriffs Department Dispatch Center located at 93300 Naper Street, Golden Valley,
Minnesota 55427. The 24-hour emergency number is (763) 525-6216.
Page 17
Swift Contract No. 52407
APPENDIX G
List of Contractors 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, Fire Chief
City of Hopkins Fire Department
101 17th Avenue South
Hopkins, MN 55343,
(952) 548-6451
Alternate Representative
Curt Mackey, Assistant Fire Chief
City of Hopkins Fire Department
101 17th Avenue South
Hopkins, MN 55343,
(952) 548-6452
Page 19