02-808� ��
Council File # Q',.� 8'dQ'
Green Sheet # 113951
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented By:
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Referred To: Committee: Date
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RESOLVED, that the proper City officials are hereby authorized and directed to execute a hazardous materials
emergency response contract with the State of Minnesota, Department of Public Safety as provided by Saint
Pau4's Department of Fise & Safety Services; a copy of said agreement is to be kept on fife and of record in the
Office of Financial Services.
Requested by Department of:
Fire & Safe Seroices
By: ,�e�
Adopted by Councii: Date
ApQrov mmended by Direct of Financial Services:
By:
��k- �ao o a_
Form Approved by City Attomey:
Adoptio� Certified by Council Secretary:
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Approved by IV�}�yo�': Date
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Mayorfor
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DEPA�MENT/OFFICEICOUNCIL DATE INITIATED
Fire and Safety Services 8/13102 GREEfd SHEET No 113951
CONTACT PERSON 8 PHO1dE f � m�mpVDpTE
Fire Chief Tim Fuller 228-6250 1 oEPnar�rcroe�cro� 4 cmcou�ca
MUST 6E ON CAUNCIL AGENOA BY (OATE)
�LRYATTORHEY ❑CRVCLEW(
�FdNiCULSERVICE50Pt_ ❑FLVANLIHLSENV/ACLTG
�MAYOR(ORASSI�TAN17_ ❑
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION REQUESTED
pproval of the attached Council Resolution authorizing the Department of Fire & Safety Services to enter into a hazardous
materials emergency response contract with the State of Minnesota, Department of Public Safety.
RECOMMENDATION AppfoV2 (A) of Re}BCt (R) PERSONAL SERNCE CONTRACTS MUST ANSWER THE FO�LOWING QUESTI�NS:
i. Has this person/firtn everworked undera contrac[ forthis department?
PLANNING COMMISSION YES NO
CIB COMMI'fTEE 2. Has th�s person/firm ever been a aty employee?
CIVILSERVICECOMMISSION YES NO
3. Does this perSONfirm possess a skill not rrormally possesssd by any cu�re�n cdy employee?
YES NO
4. Is Mis persoNfirm a targeted vendor�
YES NO
Explain ail yes answers on separate sheet and attach to green sheet
INITIATlN6 PROBLEM ISSUE, OPPORTUNIN (WHO, WHAT, WHEtd, WHERE, W HY)
The Minnesota Legislature has determined the need exists for a system of regionally located Hazardous Materiafs Emergency
Response Teams to assist local authorities in protection the public from the effects of a hazardous materials release. The Saint
Paul Fire Department is qualified and is willing to perForm these needed services.
ADVANTAGES IFqPPROVED LC°'� g`° �
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Additional revenues will be generated by the Saint Paul Fire Department.
��� AUG 15 20�2
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DISADVANTAGESIFAPPROVED , q gp� �'
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None.
, y;
DISADVANTAGES IF NOT APPROVED
Loss of potential revenue for the City. '
TOTAL AMOUtJS OF 7RANSACTfON $139,545.45 COSTIREVENUE BUDGETED �CiRCLE ONE) YES NO
FUNDINGSOURCE G2f1BY8I Ff1f1(I � AC71VI7YNUMBER GL-001-05122-4301
FINANCIAL INFORMATlQfV (FXPIAIN)
RECEI
AUG 2 7 2002
MAYOR'S OtFfG�
CFMS Contract No. A38815
STATE OF MINNESOTA �
PROFESSIONAL AND TECHNICAL SERVTCES CONTRACT
This contract is between the State of Minnesota, acting through its acting through its Commissioner of Public Safety.
Division of Emereency Manasement ("State") and the Citv of Saint Paul, DepaRment of Fire and Safetv Services ] 00 East
Eleventh Street St. PauL Minnesota 55101 ("Contractor").
Recitals
1. Under Minn. Stat. && 15 061 and 299A.50. Subd. 2, the State is empowered to enter into contracts �cith other state
departments and agencies, loca] units of government, other states, Indian tribes, the federal �ovemment, or other
nonpubtic persons to implement the provisions of Minnesota Rules, Chapter 7� 14.
2. The State is in need of professional(technical services from regionally located Hazardous Viaterials Emergency
Response Teams and Chemica! Assessment Teams to assist local authorities in protectina the public's safety from the
effects of a hazardous materials release.
3. "I�he Contractor represents that it is duly qualified and a�rees to perform all services described in this contract to tlie
satisfaction of the State.
Contract
Term of Contract �
l.l Efjective date: Julv 1, 2002, or the date the State obtains all required si�natures under Minnesota Statutes
Section 16C.05, subdivision 2, whichever is later.
The Contrlctor must not begin work under this contract until this contract is fi]ly esecuted and the
Contractor hns been notified by the 5tate's Authorized Representative to begin the rork
1.2 Erpiraiion da1e: June 30, 2003 or until all obligations have been satisfactorily fulfilled, whichever occurs first.
13 Seervivn! of Terms. The fol lowiu� clauses survive the expiration or cancellation of this contract: 8. Liabilit}; 9.
State Audits; ] 0. Govemment Data Practices; 13. Publicity; 14. Governing Law, Jurisdiction, and Venue; and 16
Data Discfosure.
2 ContrACtor's Duties
Contractor, who is not a State employee, escep[ as defined in Minn. Stat. § 299A.5 ], Subd 1 and 2, �vi1L
_ - - ---- - - - —
A. be responsible for all terms, tasks and conditions assiened by Minn. Stat. §§ 299A.48 to 299A.�2 and Minnesota
Rules, Chapter 7514, including but not limited to the following:
l. 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 �chen directed to do so by the Commissioner of Public Safety
(1Llinnesorn Rtdes, Chapter 7514.0900, St�bpart I);
3. Coordinate on-scene einergency response operations with local, state, and federal agencies, Indian tribes,
and private response organizations throu�h the Minnesota Incide�it Management S}stem (hlin�resota Rules,
Chnpter i.i14.1800, Strbpart 1);
4. En;ure that team members are in compliance �vith the initial, continuin� education, and team trainins
requirements estabiished in Minnesota Rules, Chapter 75 ] 4.0600, Subparts 1 to 4, and annually certify such
compliance to the Commissioner (�Llintresota Rutes, Chnpter 7514.060D, Szrbpcmt 6);
5. En;ure that team members are in compliance «ith the medical requirements established in Minnesota
Rules, Chapter 7514.0600, Subpart 7, and annuall}' certify such compliance to the Commissioner (Nlif7t7esota
Rzdes, Clrapter i.i14.0600, Sirbpnrt 7/;
6. Deploy team personnel and equipment to a hazardous materials incident ��ithin an atieraae of fifreen (15)
minutes from the time the decision is niade to dispatch the team G�li�rr7esota Rades, Chupter i�l-l.O.i00/. For
purposes of tlie clause, the decision to dispatch tlie teain �� ill be considered made at the time the Contractor's
point of contact for purposes of dispatching the team, as idei�tified in Appendit E, is notificd b} the Siate;
7. En;ure compliance �� ith all other employer requirements established in �Iinnesota Rules, Chapter
7514.06QQ;
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CFMS Contract No. A38815
8. Conduct a formal evaluation of the team's response to each incident as required by Minnesota Rules,
Chapter 7� 14.1300;
9. Submit a detailed report of the team's response to an incide�t as required by Minnesota Rules, Chapter
7514.0900. Subpart 7, and take all appropriate measures to identify to the State the responsihle person of each
incident;
l0. Desisnate a primarv and one or more a(ternate represe�ttati�e(s) to the Hazardous Materia(s Re�ional
Response Team Program Team Advison Committee, «ho �ci11 make every reasonabie attempt to attend meetin�s
of the committee and ha� z the authority ro make recommendations on behalf oFthe Contractor.
1 1_ Desionate a primary and altemate representati�•e who wil{ receive training in applying the sue�ested
operatin� guidelines and otlzer admin+strative procedures of the Hazardous Materials Regional Response Team
Program, pro��ided by the Commissio��er, as required by Minnesota Rufes, Chapter 75 ] 4.0700, Subpart 2, and
who �vilf be responsible for providing that instruction to other team members;
12. Viaintain and store emer�ency response vehicles and equipment, ��hether loaaed to Contractor by the State,
or owned b} Contractor, in proper �eorking order and ready for response at ail times, except as may be necessary
for the performance of routine or necessary maintenance, repairs or replacement. Contractor must immediately
notify the State wheuever 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 Ru]es, Chapter
7514.170Q Subpa;;� ].and 3, and take al1 appropriate measures to identify to the State the responsible person for
each incident.
B. in addition, ��hen functioning as an Emer�ency Response Team, Contractor will:
1.Maintain the minimum composition of team members required by Minnesota Rules, Chapter 7514.0800
2.Respond to each incident as an Emergency Response Team with a minimum of nine (9) persons certified to the
levels of hazardous materials training required by Minnesota Rtiles, Chapter 7� 14.0800, Subpart 5
3.Respond to incidei�ts and assist local authorities by taking etnergency actions necessary to protect life, property,
and the environment from the effects of a release of a hazardous materiaL These emer�ency actio��s at the scene of
a hazardous materials incident indude, but are not limited to, preventing the release, miti�ating the effects of the
release, and stabilizing the eroergency situation (Minrtesota RzrZes, Chapter 7511.090Q Strbpart 2); and
4.Respond to incidents to perform the functions of a Chemical Assessment Team as required by Minnesota Rules,
Chapter 751�.0900 Subpart 3 and 4, with three (3) persons certified to the level of hazardous materials training
required by Minnesota Rules, Chapter 7514.0800, Subpart 6;
C. In addition, ��hen functioning as a Chemical Assessment Team, Contractor will:
1.Maintain the minimum composition ofteam members required by Minnesota Ruie.; Chapter 75 ]4.0800;
2.Respond to each incidents as a Chemical Assessment Team with three (3) persons certified to the levels of
hazardous materials training required by Minnesota Rules, Chapter 7514.0800 Subpart 6;
3.Respond to incidents and assist local authorities by providing technical advice to local incidei�t commanders and
recommending mitigation actions necessary to protect life, property and the enviromnent that are in keeping �vith
locally avai(able levels of hazardous materials training and response capability /Mirv�esota Rtdes, Chupter
7�14.0900, Szrb�nrt 3); and
4.Respond to incidents in conjunetion with an Emergency Response Team to a;sess a�� incident, de�elop and
reco�nmend mitigation strategies, and assist �citl� response operations (Mi�mesotaRules, Chapter 7.i1-t.0900,
Sz�bparr -Ij.
Time
The Contractor must comply �eitl� all the time requirements described in this contract. In the performance of this
contract, time is of the essence.
4 Considerntion and Pa}'ment
4.1 Considerrrtion. The State �vill pay for at! services performed by the Contractor under this contract as fo{lo`vs:
( I) Contractor's CompensatioiL Contractor will be paid by the State for the fol{owins costs associated to:
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CFMS ContractNo. A38815
(A) Capital equipment - cost of capital equipment inc]uding vehicles not to exceed $12,SOO.00. �� �
(B) Training - Annual cost oftraining team personnel (excluding exercise training) not to exceed
56Z,983.00. Trainins - Annual cost of e�ercise trainine, not to exceed $6,000.00.
(C) Medical Examinations - Cost of annual medical examinatio�ts for team personne! not to exceed
54,000.00.
(D) Consumable Supplies - Initial cost of consumable supplies not to esceed $�,000.
(E) Administration - Pro�ram administration costs not to esceed �32,� 17.00
(F) Maintenance - Equipment maintenance costs not to exceed $2,000.00.
(G) Terrorism Training — Team member terrorism training not to exceed $5,000.00
(H) Increased Staffing— �Co provide that up to five (5) team members are available for response costs not to
exceed $9,54�.45
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(2) Contractor may deviate from purposed budget stated in Clause 4, Section d.l, Item (l ) ofthis contract increasing
and decreasing amounts bet�veen approved categories lisred as needed and justified with the exception of
category (E). Catesory (E) pertains to administration costs and may not be increased more than 20%without
prior written appro�al from the State's Authorized Representative. Categories (G and H) pertain to terrorism
preparedness and may not be increased or decreased. The total amount for Clause 4, Section 4.1, Item (I ) may
not ezceed $] 39 54� A5.
(3) E»tergency Respoitse Compensatioir. Contractor will be reimbursed by the State for the reasonab(e and
necessary costs associated with an actual response as fol(ows:
(A) Team Personnel Costs;
$60.00 per liour, including wages and frii�ge benefats, per person.
(B) Additional �Vage Costs for Locat Caliback Personnel;
$30.00 per hour, including wages and fringe benefits, per person,
(C) Vel�icle Operating Costs;
$40.00 per hour for Chemical Assessment Team vehicle, $95.00 per'hc for the Emergency Response
Team Vehicle and $3�.00 per hour for additiotial vehicles.
(D) Cost ofConsumable Supplies Used;
Contractor will submit an itemized invoice for actnal costs incttrred.
(E) Costs of Repair or Replacement of Damaged or Destroyed Equipment;
Contractor �vill submit an itemized invoice for actual costs incurred. If costs exceed $500.00, tlie State
may request competitive bids or quotes prior to tl�e repair or replacement of equipment Contractors,
who are municipalities, must comply with municipal bidding laws.
(F) Commuuications Costs;
Contractor will subtnit an itemized invoice for actual costs incurred. Eligible costs are defined as
cellular and land ]ine telephone costs for voice, data, or facsimile transmissions.
(G) Administrative Costs Directly Resulting from the Emergency Response;
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Y�iI�R'AIII��'II�IlA��9�m�AAP � � -� �
CFMS Contract No. A38815
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[Ip to $400.00 per response, including wages and frinae benefits. Contractor may request additional
administrati��e cost compensation, based on an itemized invoice for actual costs incurred, wlien
extraordinary circumstances resulti��g from a specific State authorized emergency response are
documented.
(H) Costs incurred in the use of Special Equipment as provided in Minnesota Rules, Chapter 75 ]4.1200;
{I) Costs incurred in the use of Spec+al Technical Assistance as provided in �linnesota Rules, Cl�apter
?51-1.1200:
(J) Costs associated �� ith Providing Support to Cleanup Operations «hen requested in accordance with
Minnesota Rules. Chapter 7� I d.0900, Subpart 5;
(K) Costs associated ��ith Providing Standby Technical Assista��ce when requested in accordance with
Minnesota Rules, Cliapter 7514.16�0, 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 sin�le response by Contractor
may not e�ceed 5�,000.00, unless authorized by the State.
All necessary and reasonable costs associated with a State authorized emergency response to a hazardous
materials incident, incurred by Contractor and autliorized 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 responsibVe person as
defined in Minnesota Statutes 299A.52.
(5) The total obligation ofthe State for atI compensation to Contractor incurred under Clause 4, Section 4.1, Item
(I), of this co��[ract, will not esceed $139,545.45.
4.2. Payn:etrt
(1) Lrvorces. The State wil! promptly pay the Contractor after the Contractor prese�rts an itemized invoice for the
services actua{iy perfonned and the State s Authorized Representative accepts the invoiced services. Invoices
must be submitted timely and in a fonn prescribed by the State, and according to the followi��g schedule:
(A) Contracror's Cora:pensation: Contractor will submit a completed Contractor's Compensation
Reimbursement Packet at least annually but not more frequently than'rrr•�"hly for reimbursement of costs
identified in Clause 4, Section 4.1, Items (I) and (2) ofthis contract, and final invoices must be received
by tl�e State no later than July 31, 2003. The State will process completed Reimbursement Packets for
compensation �vithin tliirty (30) days of reeeipt. 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 tltis contract.
(B) En:ergef:cy Resporise Con:pensation: ConVactor is responsible for submitting a claim for reunbursemcnt
for the reasonable and necessary costs associated with a State authorized emer�ency response to a
hazardous materials incident within AS days of the termination of the response. The daim 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 thidy (30) days of receipt. The total amount ofreimbursement pertaining to Clausc
4, Section 4.1, Item (3) of this contract �vi(l not eYCeed the limits of this contract.
(C) Retaii:rrae: Under Minnesota Statutes Section 16C.08, subdivision 5(b), ��o more tha�i 40% of the amount
due mider this contract may be paid until the final product of this contract has Ueen revie��'ed by the State's
agency head. TI�e balance due will be paid when Uie State's a�ency head determines that the Contractor
has satisfactorily fiilfilled all the terms of this contract.
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CFMS Contract No. A38$] 5
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Conditions of Par'ment
A14 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 la��s, ordinances, rules, and regu{ations. Tt�e Contractor wi{I
not recei�e payment for �.ork found by the State to be perfonned in violation of federal, state, or {ocal law,
ordinance, rule or regulation.
Authorized Representatives
The State`s Authorized Represeniative is the Director of the Minnesota Division of Emersencv Manasement, or
his'her desi�nee and has the responsibility to monitor the Contractor's perfonna��ce and the authority to accept the
sen'ices provided under this contract. If the services are satisFactory, the State's Authocized Representative �vill
cer[ify acceptance on each invoice submitted for pa�ment.
The Contractor's Authorized Representative is Timothy K. Fuller, Fire Cl�ief, City of Saint Paul, Department of
Fire and Safety Services ] 00 East Eleventh Street St. Paul, Minnesota 55101 or his/her successor. If the
Contractor's Authorized Representa[ive cl�anges at any time during this co��tract, the Contractor must immediately
notify die State.
Assigmnent, Amendments, Wai�•er, anJ Contract Corc�lete
7.1 Assignnzerzt The Contractor may neither assian 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 Anre�rdntents. Any amendment to this contract must be in writing and will not be effective until it has been
7.3
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executed and appro� ed by the same parties who executed and approved the original contract, or their
successors in office.
l3'aiver. If the State fails to enforce any provisio�� of this contract, that failure does not naive the provision or
its rigl�t to enforce it.
Contract Conrplete. This contract contains all negotiations and agreements beriveen the State and the
Contractor. No other understanding regarding this contract, ��hether �vritten or oral, may be used to bind either
parh�.
Liabilih�
The Contractor agrees to indemnify, save, and hold harmless the State, its agents, and emplo}'ees from any and all
claims or causes of action, i��cluding all reasonable attomey's fees incurred by the State, arising from the
perform2nce of this contract by the Contractor or the Contactor's agents or employees. Minn. Stat., § 299A.51 and
Minnesota Rules. Chapter 7514.2000 govem the State's liability. This clause shall not be construed to bar any
leeal remedies Contractor may have for the State's failure to fu]fill its obli�ations p:;PSUant to this contract.
State Audits
Under blinn. 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 minimwn of six years from the end of this contract,
GoF�ernment Dat1 Practices
10.1. Goverrznzenl Data Practices. The Contractor and State must comply �vlth 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
appfies to all data created, collected, received, stored, used, maintained, or dissemi��ated by the Contractor
under tlus contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in
diis clause by either the Contractor or the State.
If the Contractor receives a request to release tl�e data referred to in tiiis Clause, the Contractor must
immediately notify the State. The State will give the Contractor instructions concerning the release of the
data to the requestin� party before the data is released.
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CFMS ContractNo. A38$15
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Am publicity gi��en the program, publications or services provided resu]ting 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 �vith others, shall identify
the State as the sponsorina 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 durine a State authorized emergency response to a hazardous materials incident.
11 Affirmatice Action
11.1 For contracts in escess of S] 00,000.00 the Contractor certifies that it is in compliance ir ith Minn. Stat. §
363.073.
1 I 2 If the Contractor has had more than 40 full time employees �vithin the State of Minnesota on a singte
working day durino the pervious 12 months tlie Contractor must comply with the follo�vin� Affirmative
Action requirements for disabled �aorkers:
(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 wliich the employee or app(icant for emplo}ment is
qualified. The Contractor a�rees to take affinnative action to employ, advance in employmeot, and
othenvise treat qualified disabled persons without discrimittation based upon their physical or menta!
disability in all employme�it practices such as the following: employment, upgrading, demotion or transfer,
recruiiment, advertising, la}offor termination, rates of pay or other forms ofcompensation, and selection for
training, i��cludii�oapprenticeship.
(B) The Contractor will comply with the rules and re(evant orders of the Drlin�iesota 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 �vith Minn. Stat. § 363.073, and the rules and relevant orders of
the Minuesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act.
(D) The Contractor Fvill post in conspicuous places, available to employees and applicants for etnployme��t,
notices in a form to be prescribed by tl�e commissioner of tl�e Minnesota Department of Human Righ[s.
Such notices must state the Contractor's obligation under the law to take affirmative action to employ and
advance in employment qualified disabled etnployees and applicants for empiu}n�ent, and the rights of
appficants and employees.
(E) The Contractor must notify each labor union or representative of workers with which it has a collective
baroaining a�reement or other contract understanding, that the Contractor is bound by the tenns of Minn.
Stat. § 363.073, of the Minnesota Human Rights Act and is committed to take affirmative action to employ
and advance in employment ph}sicaity and mentatly disabled persons.
12 �Vorkers' Compensation
The Confractor certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertai�in� to ��orkers'
compensation insurance covera�e. Except, in accordance with ihe provisions of Minneso[a Statutes, Chapter
299A.5 ], Subdivision 2, and Minnesota Rules Chapter 7514.2000.
13 Publicity
Any publicitygiven 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 orjointly with others, shall identify the State as the
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sponsoring agency and shall not be released prior to approval by the State's Authorized Representative, or their
designee. This pro� isian shall not apply to information provided to the incident commander during a State
authorized emergency response to a hazardous materials incident.
l�l GoverningLa�v,.Jurisdiction,andVenue
Minnesota law, �sithout resard to its choice-of-la�v provisions; governs this contract. Venue for alV legal
proceedins out of this contract, or its breach, must be in the appropriate State or federai court ��ith competent
jurisdiction in Ramsey County, Minnesota.
1� Termination ,
I5.1 Tenninalion by the Stat� The State or conunissioner of Administration may cancel this contract at any time,
with or without cause, upon tl�irty (30) days' written notice to the Contractor.
(p) In the event of such a tennination for cause, Contractor �vill refimd to tlie 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 requi rements of 7514 A600 prior to the date of term ination wi l l
not be subject to the pro rata refund provision contained in this c(ause.
(g) In the event of such a tennination, Contractor will be entitled to payment of Contractor s Emer�ency Response
Compensatian in accordance with Clause 4, SecYion 4.1, Item (3), incuned under this contract as the result ofa
State au'.i;�,rized emergency response to a hazardous materials incident, for services performed until the
effective date of termination.
15.2 TerminatiorT by Contractor. This contract may be temiinated by Contractor at any time, with or without cause,
upon ninety (40) days' written notice to the State.
(p„) In the event of sucl� a termination, Contractor will refund to the State a pro rata amount of the contraet and
funds received by Contractor for compensation in accordance �vith Clause 4, Section 4.1., Items (1) and (2).
Contractors who have satisfied the requirements of 7� 14.0600 prior to the date of termination will not be
subject to the pro rata refund provision contained in this ciause.
(g) In the event ofsuch a tennination, Contractor will be entitled to payment ofContractor's Emer�ency Response
Compensation in accordance with Clause 4, Section 4.i, ]tem (3), incurred underthis contractas the result ofa
State authorized emergency response to a hazardous materials incident, for services performed until the
effective date of termination.
16 Data Disclosure
Under Minn. Stai. § 270.66, and other applicable law, the Contractor consents to disclosure of its social security
number, federal employer tax identification number, and/or Minnesota taY identification number, already provided
to the State, to federal and State agencies and State personnel involved i�t the pc; "'nt of Sta[e obligations. These
identification nwnbers may be used in the enforcement of federal and State laws �rhich could result in action
requirin� the Contractor to file State tax retums, pay delinquent State tax liabilities, if any, or pay other State
liabilities.
17 Other Provisions: A11 Appaidices A through G referenced below are attached and incorporated into this contract:
17.1 Primar}' 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:
173 Contractor's Geographic Jurisdiction: For purposes of Ciauses 8 and 12, Contractor's nonnal �eographic
jurisdiction is established as described in Appendix C:
17.4 State o��ned Vehiclzs, Trailers and Equipment Loaned to Contractor: State agrees to loan to Co��tractor th<
� hazardous materials emergency response vehicles and equipment identified in Appendis D, ii� accordance wir
the follo�ving tenns and co��ditions:
(A) Contractor may use a�id have possession of the vehicles, trailers and equipment identified in Appendix D
(B) The State will retain titSe and le�a{ owneeship of loaned veUicles, trailers and equipment ideatified i
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CFMS Contract No. A3881� �
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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
Itandling, use and maintenance ofthe 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 espenses.
(D) The State will maintain all necessary im�entory control records on the vehicles, trailers and equipment
identified in Appendix D.
(E) The State �viil admin ister an}� manufacturer's warranty claims that may result durine Contractor's use of the
vehicles, trailer, and equipment idei�tified in Appendix D.
(F) The State will provide Contractor �vith technical assistance as necessary regarding the proper handling, use
and maintenance of the vehicles, trailers and equipment identified in Appendis D.
(G) Contractor will keep and maintain the vehides, trailers and equipment in proper opzratin� condition.
(H) Contractor will re-supply all disposable, expired and consumable compo�ients orisinally provided by the
State, and will supply any other necessary disposable and consumable components not provided by State, at
Contractor's espense.
(I) Contractonvillberesponsibfeforthecostofrepairingorreplacingvehicles,trailersandequipmentthathave
been lost, or in the opinion of the State, has been damaged due to abuse, misuse, or other cause outside the
scope of normaf wear and tear incurred in routine proper use. The State will determine whether the vehicles,
trailers and equipment �cill be repaired or replaced.
(J) Contractor will be responsible for the costs of routine maintenance and repair in accordance with the
manufa.;�::��r,'s recommendations.
(K) Contractor will retum the veltides, trailers and equipment identified in Appendix D to tlie State upon
termination, e�piratio��, or cancellation o; tl�e 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 �vho 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 liandting, use
and maintenance ofthe vehicles, trailers and equipment. 7'he Contractor will bear t(ie cost of any travel aad
related expensesincurred by any person attending trainin�.
(N) The person(s) trained by the State in the proper use, handling and maintenance ofthe vehicles, trailers and
equipme��t will provide that trainiu� to Contractor's team members and othe� appropriate personnel.
(0) Contractor will make the vehicles, traifers and equipment available to personnel authorized by the State
when required for im�entory or inspection purposes.
(P) Contractor agrees to provide secure heated storage for vehicles, trailers and equipment identified in
Appendix D.
(Q) Insurance: Contractor a�rees to provide the State a certificate(s) of insurance, or a statement of self-
insurance, naming the State as an additional insured under tl�e policy(S; Yrior to the execution of this
contract, for Yhe following coverage:
1. State Owned Vehicles and Trailers Loaned to Contractor:
a) Automobiie Physical Aamage: Contractor a�rees to provide automobile physical damage
(comprehensive and collision) coverage on all vehicles loaned to Contractor by the State; and,
b) Automobile Liability(1Von-governme��tal Entities): Contractoragrees to pro�'ide automobile
liabilitycoverage, induding hired and non-owned automobile, ofnot less tl�at $I.0 million dollars
combined sin�te limit on all vehicles loa��ed to Contractor by the State; or
c) Automobile Liability(Governmental Entities): Contractor agrees to provide automobile liability
co��erage on all vehicles loaned to Contractor by the State. The limits of liability for such coverase
must be S300,000 for bodily i�jury and property dasnaQe per person, and $1,000,000 bodily injury
and property damaoe per occurrence.
2. Contractor O�rned Vehicles and Trailers:
a) Automobile Liability(�Ion-governmentat Entities): Contractor agrees to provide automobile
liabilitycoverage, including hired and non-o�vned automobiles, of i�ot less than $1.0 million
dollars combined single limit on all Contractor o��ned or ]eased vehicles; or
6) Automobile Liability (Govemmental Entities): Contractor agrees to provide automobile liability
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CFMS Contract No. A38815
coverage on all Contractor owned or ieased vehicles. 'Ihe limits of liability for such coverage must
be $300,000 for bodify injury and property damage per person, and $1,000,000 bodily injury and
propert} damage per occurrence.
3. State Owned Equipment Loaned to Contractor: Contractor agrees to provide "Alf Risk" property floater
insura��ce, or equivalent self-insurance, which provides replacement cost coveraee on all Siate otiened
property loaned to Contractor by the State. `
4. Contractor may recover the cost of such insurance from the State in accordance nith Clause 4, Section
4.1, Item 1(E), ofthis contract.
�. Coniractor agrees to provide the State thirty (30) days advanced �i�ritten notice of cai�cel latioi�, non-
renerval, or reductions in limits or coverage's or other chan�es to the policy(s).
17.5 Annua( Eteportins Requirements:
ln addition to the report required by Clause 2, Section A, Item 9 ofthis contract, Contractor agrees to provide the
State with the follo�ving report:
Not later than January 30, 2003, Contractor a�rees to submit an annual report to the State �vhich, at a minimum,
contains the follo« ing 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 Reoulations, Title 29,
Section`°i;�;�Q:120; °
(C) A detailed inventory of all hazardous materials vehicles, equipment, and supplies loaned to Contractor bythe
State, and owned by Contractor;
(D) A list of team training activities including exercises, �vhether conducted by Contractor or anotlier
jurisdiction, in which Contractor participated;
(E) A current roster of team personnei which identifies each member's level afhazardous 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 Contractoc Contractor's single point of contact is established as identified in Appendix
E.
17.7 For purposes ofthis contract, the desig�tees ofthe State's Authorized Representative are included as Appendix F
of tl�is contract.
17.8 For purposes of this contract, Contractor's primary and altemate representati�z�s) to the Hazardous Materials
Regional Response Team Program Team Advisory Committee are included as Appendis G of this contract.
179 This instrument embodies the �vhole agreement of the parties. There are no promises, terms, conditions, or
obligations other ihan those contained herein; and this contract shall supersede all previous communications,
represe��tations, or agreements, eiiher verbal or written, betwee�� the parties.
17.10 The failure ofone party to enforce any provision ofthis contract will not constitute a wai� er by that party of that
or any other pro��ision.
Saint P¢uI 2003
1. STATEENC[3hIBRAI�CEVERIFICATiOi'I
Individua/ ttrtifies 2haljundshme &en encumberedas
requiredbyMinn. Stat §§ 16AI5 and 16C.05.
�
Signed:
Date:
CFMS Contract No. A-
2. CON7RACTOR
l'he Contractor ccrtifies that [1�e appropriate person(s)
�. �have executed the convact on behalt of lhe Convacia as
�,requjrcd by appi articks, bylay , cesolutions, oc ordinantts.
. ... /f�'�s a ,.
•;�ri[le: Fire Chief
' - ' �'�Date:
By:
Titte: Assistant City Attorney
Date:
By:
TiCle: �Yor
Date:
Sy:
Title: Human Rights
Date:
CFMS Contractl�Io. A38815
�,�., �' �'
3. STATEAGENCY
By:
(with delegated authority)
Tftle:
Date:
A. COMMISSIONER OF ADMINISTRATION
As deiegatcd to Materia5 Manao men[ Division
�
Date:
5. ATTORNEY GENEFtAL
As to fortn and executim
�
Date:
By:
Title: Director of Financial Services
Date: _
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