03-691, Council File # � ,,J �� / I
Green Sheet # 3001882
Presented By:
RESOLUTION
OF SAINT PAUL, MfNNESOTA 7
Referred To: Committee: Date
i RESOLVED, that the proper City officiais are hereby authorized and directed to execute a hazardous materials
z emergency response contract with the State of Minnesota, Department of Public Safety as provided by Saint
s Paul's Department of Fire & Safety Services; a copy of said agreement is to be kept on file and of record in the
a Office of Financial Services.
s
s
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Requested by Department of:
Fire & Safet Services
By:
Approval Re�om ended by Director of Financial Services:
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By . TY
Adopted by Council: Date a p
Form Approved by City
Adoption Certified by Councii Secretary: �/
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Mayor: Date �`pL��
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for
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` � Green Sheet Green Sheet
b 3 - l091
Green Sheet Green Sheet Green Sheet Green Sheet
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DepartrnenUoffice/council: Date initiated:
FR — Fire 24JUN-03 Green Sheet NO: 3001882
CoMact Person 8 Phone: Department Sent To Person Initial/Date
Fire Chief Ai Bataglia � 0 �re
���� ASSign 1 ire De artmentDirector
Must Be on Council qqenda by (Date): Number 2 iN pgornev
For
RoUting 3 oPs Otiice Mavor/Assistant
Order 4 ouocii
5 Clerk Ciri lerk
Topl # of Signature Pages �(Clip NI Locations for Signature)
Action Requested:
Approval of the attached Council Resolurion authorizing the Department of Fire and Safety Services to enter into a hazazdous
materials emergency response contract with the State of Minnesota, Depar6ment of Public Safety.
Recommendatlons: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this departmenY?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Dces this person/firm passess a skill not normally possessed by any
cument city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): -
The Minnesota Legislature has determined the need exists for a system of regionally located Hazazdous Materials Emergency
Response Teazns to assist local authorities in protecting the public from the effects of a hazazdous materials release. The Saint Paul Fire
Department is qualified and is willing to perform ffiese needed services.
Advantaaes IfApproved:
Additional revenues will be generated by the Saint Paul Fire Depacanent.
,��N � �1 20�3
DisadvantageslfApproved:
None.
Disadvantages If Not Approved:
Loss of potential revenue for the City.
Total Amount of 120000 CosURevenue Budgeted:
Trensaction:
Fundin�aSource: GeneralFund ActiviriNumber: GL-001-05122-4301
Fi nancial Information:
(Explain)
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CFMS Contract No. A48443
STATE OF MINNESOTA
PROFESSIONAL AND TECFINICAL 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 Saint Paul, Deparhnent of Fire and Safety Services, address
100 East Eleventh Street, Saint Paul, Minnesota 55101 ("Contractor").
Recitals
1. Under Minn. Stat. §& 15.061 and 299A.50, Subd. 2, the State is empowered to enter into conh with other state
departments and agencies, local units of govemment, other states, Indian tribes, the federal govemment, or other
nonpublic persons to implement the provisions of Minnesota Rules, Chapter 7514.
2. The State is in need of professionaUtechnical services from regionally-located Hazardous Materials Emergency
Response Teams and Chemical Assessment Teams to assist locat authorities in protecting the public's safery 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
1 Term of Contract
1.1 EJfective date: Julv 1, 2003, 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 2005 or unril all obligations have been sarisfactorily fulfilled, whichever occws fust.
13 Surviva[ of Terms. The following clauses survive the expirarion 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
Conuactor, 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 condirions 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 h and
private response organizations through the Minnesota Incident Management System (Minnesota Rules,
Chapter 7514.1800, Subpart I);
4. Ensure that team members are in compliance with the inirial, continuing educafion, 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 aze 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 hazazdous 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 rime the Contractor's
point of contact for purposes of dispatching the team, as idenrified in Appendix E, is norified by the State;
7. Ensure compliance with all other employer requirements established in Minnesota Rules, Chapter
7514.0600;
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8. Conduct a formal evaluation of the team's response to each 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 Rnles, 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 Cominittee, who will make every reasonabie attempt to attend
meerings of the committee and have the authority to make recommendarions on behalf of the Contractor.
11. Designate a primary and altemate representative who will receive training in applying the suggested
operaring guidelines and other administrarive 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 instrucrion 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 worldng order and ready for response at all fimes, except as may be
necessary for the performance of routine or necessary maintenance, repairs or replacement. Conh must
immediately norify 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 Conunissioner as required by Mimmesota 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 composirion of team members required by Minnesota Rules, Chapter 7514.0800.
15. Respond to each incident with a minimum of three (3), and a masimum of Four (4) persons certified to the
levels of hazardous materials h�aining 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 mitigarion actions necessary to protect life, proper[y, and the environment that are in
keeping with locally available levels of hazazdous materials iraining an@ 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 mirigation strategies, and assist with response operations (Minnesota Rules, Chapter 7514.0900
Subpart 4),
B. In addition, when fixncrioning as an Emergency 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 murimum of nine (9) persons certified fo
the levels of hazardous materials iraining required by Minnesota Rules, Chapter 7514.0800, Subpart 5
3. Respond to incidents and assist local authorities by taldng emergency acrions necessary to protect life,
property, and the environment from the effects of a release of a hazardous material. These emergency
acrions at the scene of a hazardous materials incident include, but are not limited to, preventing the release,
xnitigating the effects of the release, and stabilizing the emergency situation (Minnesota Ruler, Chapter
7514,0900, Subpart 2); and
4. Respond to incidents to perform the funcrions of a Chemical Assessment Team as required by Minnesota
Rules, Chapter 7514.0900 Subpart 3 and 4, with three (3) persons certified to the level of hazardous
materials training required by Minnesota Rules, Ct�apter 7514.0800, Subpart 6;
3 Time
The Contractor must comply with all the rime 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 Conh 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 $12,500.00.
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CFMS Contract No. A48443
(B) Training - Annual cost of hauung team personnel (excluding exercise training) not to exceed
$57,983.00. Training - Annual cost of exercise training, not to exceed $6,000.00.
(C) Medical Examinarions - Cost of annual medical examinarions for team personnel not to exceed
$4,000.00.
(D) Consumable Supplies - Initial cost of consumable supplies not to exceed $5,000.00.
(E) Adminisharion - Program administrarion costs not to exceed $32,517.00.
(F) Maintenance - Equipment maintenance costs not to exceed $2,000.00.
(2) Contractor may deviate from proposed budget stated in Clause 4, Section 4.1, Item (1) of this contract
increasing and decreasing amaunts 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 Representarive. The total amount for
Clause 4, Section 4.1, Item (1) may not exceed $120 000 00 ner state fiscal veaz (June throuQh Julvl of this
contract and mav not exceed a zotal of $240 000.00 for both state fiscal veazs of this contract. However,
funds not expended by the Contractor during the fust state fiscal year of this contract may be carried over
into the second state fiscal yeaz for services provided in the second yeaz.
(3) Emergency Response CompensaHon. Con�actor will be reimbursed by the State for the reasonable and
necessary costs associated with an actual response as follows:
(A) Team Personnel Costs;
$60.00 per hour, including wages and fringe benefits, per person.
(B) Additional Wage Costs for Local Callback Personnel;
$30.00 per hour, including wages and fringe benefits, per person,
(C) Vehicle Operating Costs;
$40.00 per hour for Chemical Assessment Team vehicle, $95.00 per hour for the Emergency
Response Team Vehicle and $35.00 per hour for additional 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 competirive bids or quotes prior to the repair or replacement of equipment.
Contractors, who are municipaliries, must comply with municipal bidding laws.
(F) Communicarions Costs;
Contractor will submit an itemized invoice for actual costs incurred. Eligible costs are defined as
cellulaz and land line telephone costs for voice, data, or facsimile transmissions.
(G) Administrative Costs Directly Resulting from the Emergency Response;
Up to $400.00 per response, including wages and fringe benefits. Contractor may request additional
administrative cost compensation, based on an itemized invoice for actual costs incurred, when
extraordinary circumstances resulring from a specific State authorized emergency response are
documented.
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CFMS Contract No. A484 3
(H) Costs incurred in the use of Special Equipment as provided in Minnesota Rules, Chapter 7514.1200;
(n 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 Con�actor
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 Conh'actor 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 Conffactor 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, Secrion 4.1, Item
(1), of this conh�act, will not exceed $240,000.00.
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 Compensadon: 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 C[ause 4, Secrion 4.1, Items (1) and (2} ofthis contract. Final invoice for reimbursement of
costs pertaining to state fiscal year July 1, 2003 through June 30, 2004 must be received by the State no
later than July 31, 2004. The final invoice for reimbursement of costs pertaining to state fiscal yeaz July
1, 2004 through June 30, 2005 must be received by the State no later than July 31, 2005. 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 Compensarion: 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 terminarion 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 procass completed
forms for reimbursement within thiriy (30) days of receipt. The total amount of reimbursement pertaining
to Clause 4, Secrion 4.1, Item (3) of this contract will not exceed the limits of this contract.
(C) Retainage: Under Minnesota Statutes Secrion 16C.08, subdivision 5(b), no more than 90% of the amount
due under this conhact 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
Conh has satisfactonly fulfilled all the terms of this contract.
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CFMS Contract No. A48443
Conditions of Payment
All services provided by the Contractor mmder this contract must be performed to the sarisfacrion of the State and
in accordance with all applicable federal, state, and ]ocal laws, ordinances, rules, and regularions. 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.
Authorized Representatives
The State's Authorized Representative is the Director of the Minnesota Division of Emer¢encv Manaeement, or
his/her desienee, and has the responsibility to monitor the Contractor's performance and the authority to accept
the services provided imder this contract. If the services aze sarisfactory, the State's Authorized Representative
will certify acceptance on each invoice submitted for payment.
The Contractor's Authorized Representarive is the Alan Battaelia, Chief, 100 East Eleventh Street, Saint Paul,
Minnesota 55101 Phone (651) 224-7374, or his/her successor. If the Conh Authorized Representative
changes at any time during this contract, the Contractor must immediately notify the State.
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 conhzct, or their successors in office.
7.2 Amendments. Any amendment to fhis contract must be in writing and will not be effecrive unril it has been
executed and approved by the same parties who executed and approved the original contract, or their
successorsin office.
73 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.
Liability
The Contractor agrees to indemnify, save, and hold harniless 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 govem 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.
State Andits
Under Minn. Stat. § 16C.05, subd. 5, the Conh�actor's books, records, documents, and accounring procedures and
pracrices relevant to this contract aze subject to examinarion 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
Pracrices 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 appIy to the reIease of the data referred to in
this clause by either the Contractor or the State.
ff the Contractor receives a request to release the data referred to in this Clause, the Contractor must
immediately nofify the State. The State will give the Contractor insh�ucrions conceming the release of the
data to the requesting patty before the data is released.
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CFMS Con�act No. A48443
Any publicity given the program, publicarions or services provided resulting from this contract including,
but not lunited to, notices, informarional pamphlets, press releases, research reports, signs and sunilu
public norices prepazed by or for the Contactor, or its employees individually or jointly with others, shall
idenrify 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 AffumaUve Action
11. I For contracts in excess of $ l OQ000.00 the Conh certifies that it is in compliance with Minn. Stat. §
363.073.
112 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 Conh must comply with the following Affirmarive
Acrion requirements for disabled workers:
(A) The Coniractor 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 employinent
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 pracrices 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 Minnasota 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,
norices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights.
Such notices must state the Conh�actor's obligarion under the law to take affirmarive 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 representarive of workets with which it has a collective
bargaining agreement or other conlract 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 affirmarive acrion 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
lixnited to, norices, informational pamphlets, press releases, research reports, signs and similar public notices
prepazed 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 Representarive, or
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CFMS Contract No. A48443
their designee. This provision shall not apply to informarion provided to the incident conunander during a State
authorized emergency response to a hazardous materials incident.
14 Governing Law, Jurisdiction, and Venue
Minnesota law, without regazd to its choice-of-law provisions, govems 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 Rainsey County, Minnesota.
15 Termination
15.1 Termination by the State. The State or commissioner of Adnvnistrarion may cancel this contract at any
time, with or without cause, upon thirty (30) days' written nofice to the Conh
(A) In the event of such a terminarion for cause, Conh will refund to the State a pro rata amount of the
conffact and funds received by Contractor for compensarion in accordance with Clause 4, Secrion 4.1,
Items (1) and (2). Contnctors who have satisfied the requirements of 7514.0600 prior to the date of
teiminarion will not be subject to the pro rata refund provision contained in this clause.
(B) In the event of such a temunation, Conhactor will be enritled to payment of Contractor's Emergency
Response Compensafion 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 unril the effecrive date of termination.
15.2 Termination by Contractor. This contract may be temunated by Conlractor at any time, with or without
cause, upon ninety (90) days' written norice to the State.
(A) In the event of such a ternuna6on, 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 sarisfied the requirements of 7514.0600 prior to the date of temunation
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
ttumber, federal employer ta�c identificarion number, and/or Minnesota'tas idenrification number, already
provided to the State, to federal and State agencies and State personnel involved in the payment of State
obligarions. These identification numbers may be used in the enforcement of federal and State laws which could
result in acrion requiiing the Contractor to file State taac returns, pay delinquent State tax liabilities, if any, or pay
other State Iiabilities.
17 Other Provisions: All Appendices A.through G referenced below aze attached and incorporated into this
contract;
17.1 Primary Response Area Boundaries: For purposes of Clause 2, Contractor's primary response azea
boundaries are established as described in Appendix A:
172 Secondary Response Area Boundaries: For purposes of Clause 2, Conh secondary response azea
boundaries aze established as described in Appendix B:
173 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 Conlractor: State agrees to loan to Contractor the
hazardous materials emergency response vehicies 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.
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CFMS Contract No. A48443
(B) The State will retain ritle and legal ownership of loaned vehicles, trailers and equipment idenrified in
Appendix D, and provide for their repIacement.
(C) The State will, upon request of Conh train at least one person designated by Contractor in the
proper handling, use and maintenance of the vehicles, trailers and equipment idenrified in Appendix D.
The State shall provide this training to Coniractor's personnel without wst, 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 idenrified in Appendix D.
(F) The State will provide Contractor with technical assistance as necessary regazding the proper handling,
use and maintenance of the vehicles, h and equipment idenrified in Appendix D.
(G) Contractor will keep and maintain the vehicles, �ailers and equipment in proper operaring condition.
(I� Contractor will re-supply all disposable, eacpired and consumable components originally provided by
the State, and will supply any other necessary disposable and consumable components not provided by
State, at Conh�actor's expense.
(n 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 weaz and teaz incurred in routine proper use. The State wil] 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.
(K) Contractor will return the vehicles, trailers and equipment identified in Appendix D to the State upon
termination, expiration, or cancellation of the conlract. All such items to be delivered or shipped to the
State.
(L) Contractor will not pernut 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.
(I� 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 idenrified in
Appendix D.
(Q) Insurance: Contractor agrees to provide the State a cer[ificate(s) of insurance, or a statement of self-
insurance, naming the State as an addirional insured under the policy(s) prior to the execution of tlus
contract, for the following coverage:
1. State Owned Vehicles and Trailers Loaned to Contractor:
a) Automobile Physical Damage: Contractar 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 Enrities): Contractor agrees to provide automobile
liability coverage, including hired and non-owned automobiles, of not less that $1.0 million
dollars combined single timit on all vehicles loaned to Contractor by the State; or
c) Automobile Liability (Govemmental Entiries): Contractor agrees to provide automobile liabihry
coverage on all vetncles loaned to Coniractor by the State. The limits of liabiiity 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:
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CFMS Confract No. A48443
a) Automobile Liability (Non-govemmental Enti6es): Contractor agrees to provide automobile
liabilily coverage, including hired and non-owned automobiles, of not less than $1.0 million
dollazs combined single lunit on all Contractor ovmed or leased vehicles; or
b) Automobile Liability (Govemmental 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 conh
5. Contzactor agrees to provide the State thirty (30) days advanced written norice of cancella6on, non-
renewal, or reducrions in limits or coverage's or other changes to the policy(s}.
17.5 Annual Reporting Requirements:
In addition to the report required by Clause 2, Secrion A, Item 9 of tlus contract, Contractor agrees to
provide the State with the following report: �
Not later than January 30, each yeaz, Contractar agrees to submit an annual report to the State which, at a
minimum, contains the following information for the preceding calendar yeaz:
(A) Certification that team members have received training that meets the requirements of Minnesota Rules,
Chapter �514.0600;
(B) Certificarion that team membets'meet Yhe 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 Conlractor
by the State, and owned by Contractor;
(D) A list of team training activiries including exercises, whether conducted by Conh or another
jutisdiction, in which Contractor participated;
(E) A cuxrent roster of teampersonnel which identifies each member's level of hazazdous materials tranung;
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 idenrified in
Appendix E.
17.7 For purposes of this contract, the designees of the State's Authorized Representarive are included as
Appendix F of this contract.
17.8 For purposes of this contract, Contractor's primary and altemate representarive(s) to the Hazardous
Materials Regional Response Team Program Team Advisory Committee aze included as Appendix G of this
contract.
17.9 This instnunent embodies the whole agreement of the parties, There aze no promises, tertns, conditions, or
obligations other than those contained herein; and this contract shall supersede all previous
communications, representarions, 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.
Saint Paul 2004-2005
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CFMS Con�act No. A48443
APPENDIX A
Description of Contractor's Primary Response Area
Contractor's Primary Response Area is described as follows:
As an Emergency Response Team, the entire State of Minnesota.
As a Chemical Assessment Team, the entire Minnesota Counties of Dakota, and Washington. In Ramsey County,
ali azeas except the city of Mounds View.
SaintPauI2004-2005 � ��
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CFMS Contract No. A48443
APPENDIX B
Description of Contractor's Secondary Response Area
Contractor's Secondary Response Area is described as follows:
The entire State of Minnesota.
SainiPau12004-2005 11
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CFMS Contract No. A48443
APPENDIX C
Description of Contractor's Normal Geograpluc Jurisdiction
Contractor's normal geographic jurisdicrion is described as follows:
The corporate lunits of the City of Saint Paul, Minnesota.
Saint Paul 2004-2005 12
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I_�»�157►'��7
CFMS Contract No. A48443
List of State Owned Vehicles, Trailers and Equipment Loaned to Contractor
Item
ACGIH Threshold Limit Values and Biological Exposure Indices
Association of American Railroads Emergency Action Guides
CHRIS Hazardous Chemical Data Manual
Comprehensive Guide to Hazardous Properties of Chemical
Substances
Crop Protection Chemical Reference
DOT Emergency Response Guidebook
Emergency Care for Hazardous Materials Exposure
Emergency Handiing of Hazardous Materials in SurFace
Transportation
Firefighters Handbook of Hazardous Materials
General American Tank Car Company (GATX) Tank Car
Manual
Handbook of Compressed Gases
Hazardous Chemicals Desk Reference
Hazardous Materials Exposure; Emergency Response and
Patient Care
Jane's CHEM-BIO Handbook
Kapler Computerized Chemical Permeation Suit Selection
Guide
NFPA Fire Protection Guide on Hazardous Materials
NIOSH Pocket Guide to Chemicat Hazards
Symbol Seekers
The Pesticide Book
Team Proqram Manual
Astro Turf Mats
Brushes, Soft Bristle Long Handle
Car Wash Brushes with Garden Hose Connection
Patay Diaphragm Pump, with Hoses and 1 Extra Set Nitrile
Diaphragms
Steel Salvage Drum, 30 gal
Emergency Eyewash Kit, Saline Solution
Folding Chairs or Stools
Folding Table, 72" x 30"
FoCding Table, 60" x 30"
Foot Stools/Step - Plastic
"_ _ _"_" ""'" ""_
SaintPaui2004-2005
CAT ERT
3
2
6
1
1
2
1
�
'. c 12 pr.
? pr. 12pr
13
03 - (09'/
CFMS Contract No. A48443
Silver Shieid / 4-H
PVC / Nitnle
Viton
Kevlar
So!-Vex Nitrile
Goggles
Hard Hats / Rescue Helmets
Leve( A Encapsuiating Suits
Level B EncapsulatingSuits
Levei B Non-Encapsulating Suits
Level B Non-Encapsulating Suits
Level C Disposable Suits
Suit Cooling Vests
Suit Test Kit
Vinyl Gloves
Chlorine Kit A, B and C
Air Bag System
Bonding and Grounding Equipment
Dome Cover Clamps
Drum Upender
Drum Repair Kit
Pipe Repair Kit
Drum Roll, Assorted Sizes
I��
12 pr.
12 pr.
12 pr.
12 pr.
24 pr.
6 pr.
6
4
4
20
24
1 cs.
2
T
2 bxs.
1 set
1 set
1
1
1
3
1
1
3
1 set
24 pr.
12 pr.
12 pr.
12.pr
24 pr.
9 pr.
9
8
9
12
1 cs.
6
1
1
1 set
1
1
1
Cellular Phone, Dual Nam
Mobile Radio - 100 watt
Portable Radio - 5 watt
Portable Radio Gang Charger
Portable Radio Single Charger
Portabie Radio Spare Batteries
!n-Suit Communications Equir�r
ARCHIE Software
CAMEO II Windows and
Air Sampling System
SpilFyter Kit
Leak Detection Solution
Colormeteric Detection Tube Kit
Dosimeter
Dosimeter Charger
Draeger CMS Kit
Drum Sampler
4 Gas Monitor
4 Gas Monitor Calibration Gas
Chlorine Single Gas Monitor
1
1
1
1
1
1
6
1
1
1
1
1
1
9
1
5
2
1
8
2 sets
1
�a
Samt Paul 2004-2005 14
03 - ���
Chlorine Calibration Gas Kit
Ammonia Single Gas Monitor
Ammonia Calibration Gas Kit
Photoionization Detector
PID Calibration Gas Kit
Radiological Monitor
WeatherPak Meteoroloqical Station
CFMS Contract No. A48443
1
1
1
1
1
1
1
Ciass D Powder
Foam Eductor
Foam Application Nozzle - AFFF/ATC
Foam Apalication Noale - 65:1
Citric Acid, 30 gals.
Soda Ash, 401b. bags
Spill-X Acid Neutralizer, 5 gal.
S�ill-X Caustic Neutralizer. 5 c
Absorbent Booms/Pads/Pillows
Containment Boom, 75'
Drysorb Type Absorbent, 40 Ib. bags
Lab Packs
Magic Sorb, 25 Ib. bags
Plug-N-Dike/Bentonite Clay, 5 gal. paii
Poly Overpack Drum, 95 gal.
Poly Overpack Drum, 65 gal.
Spilstopper Drain Cover Mat
Two Wheel Drum Truck
Crescent Wrench 12"
Dead Blow Hammer
Mallet Rubber
Mallet Wood
Drum Bung Wrench
Lockout / Tagout Kit
Non-sparking Scoop Shovels
Non-sparking Square Nose Shovels
Pinch Bar 18"
Pipe Wrench 24"
Pipe Wrench 36"
Scraper
Screwdriver Straight Tip
Steel Spade Shovels
Tool Box
Blood Pressure Cuff
Disposable Bag Mask Resuscitator
1
1
1
1
1
3
1
1
1 set
1
4
1 set
2
1
1
1
1
1
1
1
2
2
1
1
1
1
1
1
2
2
1
2
2
1
1
4
1
2
2
SaintPau12004-2005 �5
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CFMS Contract No. A48443
1
2
E
16' Equipment Trailer
Electric (orManual) TrailerJack
Emergency Light Waming System
Metal Shelving
Propane Bottles, 40 Ib.
Suburban Response Vehicle
600 watt Inverter
Battery Conditioner
Electric Trailer Brake System
Electronic Engine Idler
Emergency Light Waming System
Passenger Safety Screen
Radio Conso/e
Roll-ouf Storage Tray
Siren System
Stream-Lite Fland Lanterns and Chargers
Trailer Hitch and Wiring
Emergency Response Vehicle
50' Electric Cord Reels
300' 93/4" Fire Hose
Flood Lights Porfable
Hose adapters 2%" to 1 3/4"
Refrigerator
12'RoofLadder
6" Step Ladder
Siren System
Hand Lanterns
Wheel Chocks
Item
ACGIH Threshold Limit Values and Biological Exposure Indices
Association of American Railroads Emergency Action Guides
CHRIS Hazardous Chemical Data Manual
Comprehensive Guide to Hazardous Properties of Chemical
Substances
Crop Protection Chemical Reference
DOT Emergency Response Guidebook
Emergency Care for Hazardous Materials Exposure
2 sets
2
1
1
3
2
1
2
2
1
1
4
2 sets
CATs
(11)
Saint Paul 2004-2005 16
Disposable Oxygen Mask and Tubing set
EMS Trauma Kit
Portable Oxygen Kit With Spare Cylinder
Portable Suction Kit
03 - �9 /
CFMS Conlract No. A48443
Emergency Handling of Hazardous Materials in Surface
Transportation
Firefighters Handbook of Hazardous Materials
General American Tank Car Company (GATX) Tank Car
Manual
Handbook of Compressed Gases
Hazardous Chemicals Desk Reference
Hazardous Materials Exposure: Emergency Response and
Patient Care
Jane's CHEM-BIO Handbook
Kapler Computerized Chemical Permeation Suit Selection
Guide
NFPA Fire Protection Guide on Hazardous Materials
NIOSH Pocket Guide to Chemical Hazards
Symbol Seekers
The Pesticide Book
Team Proaram Manual
Brushes, Soft Bristle Long Handle
Car Wash Brushes with Garden Hose Connection
Polly Salvage Drum
Emergency Eyewash Kit, Saline Solution
Folding Chairs or Stools
Folding Table, 72" x 30"
Folding Table, 60" x 30"
Foot Stoois/Step — Plastic
Chemical Resistant Boots - Electrostatic Dissipating
Gloves, Assorted Materials
Neoprene/Nitrile
Silver Shield / 4-H
PVC / Nitrile
V'�ton
Kevlar
Sol-Vex Nitrile
Goggles
Hard Hats / Rescue Helmets
Level A Encapsulating Suits
Level B EncapsulatingSuits
Level B Non-Encapsulating Suits
Level B Non-Encapsulating Suits
Level C Disposable Suits
Suit Cooling Vests
Suit Test Kit
Vinvl Gloves
3
3
2
'I1 pr.
12 pr.
12 pr.
12 pr.
12 pr.
24 pr.
6 pr.
6
4
4
20
24
1 cs.
2
2 bxs.
SaintPau12004-2005 17
03 - !�g I
CFMS Contract No. A48443
Bonding and Grounding Equipment
Dome Cover Ciamps
Drum Upender
1 set
1 set
1
Cellular Phone, Dual Nam
Mobile Radio - 100 watt
Portable Radio - 5 watt
Portable Radio Gang Charger
Portable Radio Single Charger
Portable Radio Spare Batteries
In-Suit Communications Equipr
ALOHA Sbftware
ARCHIE Software
CAMEO II Windows and
Air Sampling System
SpilFyter Kit
Leak Detection Solution
Colormeteric Detection Tube Kit
Dosimeter
Dosimeter Charger
Draeger CMS Kit
Drum Sampler
4 Gas Monitor
4 Gas Monitor Calibration Gas
Chlorine Single Gas Monitor
Chlorine Calibration Gas Kit
Ammonia Single Gas Monitor
Ammonia Calibration Gas Kit
Photoionization Detector
PID Calibration Gas Ki#
Radiological Monitor
WeatherPak Meteoroloqical Station
Ciass D Powder
Foam Eductor
Foam Application Nozzle - AFFF/ATC
Foam Application Nozzle - 65:1
Citric Acid, 10 gals.
Soda Ash, 40 ib. bags
Spill-X Acid Neutralizer, 5 gal.
Spill-X Caustic Neutralizer, 5 c
Absorbent Booms/Pads/Pillows
Containment Boom, 75'
Floor Dry, 40 Ib. bags
1
1
3
1
1
3
1 set
1
1
1
1
1
1
1
6
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
2
1
1
set
1
4
SaintPau12004-2005 18
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CFMS Coniract No. A48443
Plug-N-Dike/Bentonite Clay, 5 gal. pail 1
Poly Overpack Drum, 95 gai. 1
Poly Overpack Drum, 65 gal. 1
Spilstopper Drain Cover Mat 1
Two Wheel Drum Truck 1
Drum Bung Wrench 1
Lockout / Tag-out Kit 1
Non-sparking Scoop Shovels 2
Non-sparking Square Nose Shovels 2
Steel Spade Shovels 4
Electric (or Manual) Trailer Jack
Emergency Light Waming System
Metal Shelving
Propane Bottles, 401b.
Suburban Response Vehicle
600 watt Inverter
Battery Conditioner
Electric Trailer Brake System
Electronic Engine Idler
Emergency Light Warning System
Passenger Safety Screen
Radio Console
Roll-out Storage Tray
Siren System
StreamLite Hand Lanterns and Chargers
Trailer Hitch and Wiring
2 sets
2
3
1
SaintPau12004-2005 . 19
ICS Vest Svstem 2
03-�9�
CFMS Contract No. A48443
APPENDIX E
Description of Contractor's Single Point of Contact for Team DispatcLing
Conhactor's single point of contact for purposes of team dispatching is described as follows:
The Saint Paul, Deparhnent of Fire and Safety Services, Bmergency Communications Center, 100 East Eleventh
Street St. Paul, Minnesota 55101 The 24hour emergency phone number is 651-228-6289, the non-emergency
number is 651-224-7374. The single point of contact is Tim Butler Fire Communications Chief City of Saint
Paul, Department of Fire and Safety Services 100 East Eleventh S�eet St. Paul, Minnesota 55101
Saint Pau12004-2005 20
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CFMS Contract No. A48443
APPENDIX F
List of Designees of the State's Anthorized Representative
State's Authorized Representarive:
Jerry Rosendahl Director - Division of Emergency Management
Designees of State's Authorized Representative:
Ed Leier MN Division of Emergency Management
Kevin Leuer MN Division of Emergency Management
Other persons idenrified by the State to Contractor in writing.
Authority of Designees:
Clause 4, Section 4.1, Item (2) Authorization to approve Contractor's Compensarion budget deviations
of more than 20% pertaining to category (E)., "administrative costs".
Clause 4, Section 4.1, Item (4) Authorization to approve Emergency Response Compensarion in excess
of $5,000.00.
Clause 4, Section 4.2, Item (1) Authorizarion to approve invoices for Contractor's Compensation and
Emergency Response Compensation.
Clause 13 Authorization to approve publicity or publications
prepazed by or for the Contractor, and authorizarion to give insh-uctions
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 aze delegated unril revoked in writing.
7erry Rosendahl Date
Director - Minnesota Division of Emergency Management
Sain[Pau12004-2005 � z1
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CFMS Contract No. A48443
APPENDIX G
List of Contractor's Primary and Alternate Representatives
to the Hazardous Materials Regional Response Team Program
Team Advisory Committee
Contractor's primary and alternate representarives to the Hazardous Materials Regional Response Team Program Team
Advisory Committee are as follows:
Primary Representative
Robert Morrison, District Chief
City o£ Saint Paul, Depaztment of Fire and Safety Services
100 East Eleventh Street
Saint Paul, Minnesota 55101
Alternate Representative
Floyd LeCuyer, District Chief
Saint Paul, Department of Fire and Safety Services
100 East Eleventh Street
St. Paul, Minnesota 55101 .
Christopher Cook, Captain
Saint Paul, Department of Fire and Safety Services
100 East Eleventh Street
St. Paul, Minnesota 55101
Saint Pau{ 2004-2005 ZZ
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CFMS Contract No. A48443
i. STATE ENCUMBRANCE VERIFICATION
lndividval certfes thatfunds hwe beers ertcumbered as
required. y Minn Swc § 16A. id 16C.05.�
Signed:
Date: ` �J � �
CFMS Co ct .A48443
3. STATE AGENCY
By.
(with delega[ed authority)
Title:
Da[e:
4. COMMISSIONER OF ADMINISTRATION
As delegated to Ma[erials Management Division
2. CONTRACTOR
The Contractor certifia that the appropriate person(s)
have execu[ed [he conbact on behalf of the Contractor as
required by applicable articles, bylaws, resolutions, or ordinances.
By:
Tide:
Dace:
By: _
Title:
Date:
By: _
Date:
5. ATTORNEY GENERAL
As to form and execution
By: _
Date:
SaintPauI2004-2005 23