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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 � Requested by Department of: Fire & Safet Services By: Approval Re�om ended by Director of Financial Services: // By . TY Adopted by Council: Date a p Form Approved by City Adoption Certified by Councii Secretary: �/ � Mayor: Date �`pL�� � for � ` � Green Sheet Green Sheet b 3 - l091 Green Sheet Green Sheet Green Sheet Green Sheet � 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) o3-b9 ( 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; Saint Pau12004-2005 03-�91 CFMS Contract No. A48443 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. Saint Paul 2004-2005 o3-�gl 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. Samt Paul 2004-2005 D 3 - �09� 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. SaintPau12004-2005 a3-��� 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. Saint Paul 2004-2005 03 - ��l 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 Saint Paul 2004-2005 03 - �� ( 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. SaintPau12004-2005 0 3 - 1�91 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: SaintPaut2004-2005 8 p3 - l09( 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 d3-�91 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 � �� D3 - ��l 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 03-��� 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 03 - �� i 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 03 - �9 � 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 03 - �� 1 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 03 - �9� 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 b3 - �9I 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 03 - ��?I 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