09-922coun�>> Fue # 09-9�a-
Green Sheet # 3073776
RESOLUTION
OF
PAUL, MINNESOTA
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Presented by
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VJHEREAS, the Saint Paul Fire Depanment entered into hazardous materials emerJency response conlract with the State of
Minnesota, and
WHEREAS, the onginal con4act was appmved on Council Resolurion 08-10�, and
WHEREAS, the State of Minnesota, through an amendment to the original contract, has extended the end date of the original
contract, and
NOW TAHREFQRE IT BE RESOLVED, that the pcoper City officials are hereby authorized and d'uected to execute a
hazardous materials emergency response conhact amendment with the State of Minnesota, Department of Public Safety as
provided by the Saint Paul Fire Deparhnent; a copy of said agreement is to be kept on file and of record in the Office of
Financial Services.
Bos4om
Harris
Yeas
Requested by Department oE
Fire .� .. �
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Sy:
✓
�I I l4 I % I d II Sy: �( ��� `
Adopted by Council: Date �,�d� ��✓G Approved b Mayor for Submission to Council
Adoption Certified by Council �ecretary gy: ��✓
BY� —_----i' / /i1 % �
Approved yor: ate �
By:
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� Green Sheet Green Sheet
Green Sheet Green Sheet Green Sheet Green Sheet �
49-9a-a-
; DeparimenV�celCouncil: ; Date Initiated: y
FR -Fire � 31-JUL-09 ', GCeell S.he�l. NO 3073776
Confact Person 8 Phoned � Department SentTo Person InRiaBDate '
, Fire Chief Tim Butler '� o F"ire �
222-0477 ' 1 Fite ' DeDartmentDirector � '
Must Be on Council Agenda by (Date):
p� T RESOLUTION
E-DOCUmentRequired: Y
Document Co�act: �ili LaGasse
ConWCt Phone: 228-6257
Assign
Number
For
Routing
Order
ToWI # of Signature Pages _(Ciip AII Locations for Signature)
CiN Clerk
—�
_ —L �
Director
' MavodAssisiant
Approval of the attached Council Resolution authorizing the Saint Paul Fire Department to enter into a hazardous materials
emergency response contract amendmen[ with the State of Minnesota, Department of Public Safery for the time period of July 1,
2009through7une30,2011.
Recommenda5ons: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Answer the Following Questions:
1. Has this person/firm ever worked under a contract for this department?
Ves No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person�rm possess a skill not normally possessed by any
current city empioyee?
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 teams 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 perfortn these needed services.
AdvanWges If Approved:
Additional xevenues will be generated by the Saint Paul Fiie Department.
DisadvantagesffApproved:
None.
�U� � -��' ��U�
Disadvantages If Not Approved:
Loss of potenfial revenue for the City of Saint Paul.
Total Amount oE $240,000.00
Transaction:
Funding source: General Fund
Financial Information: $12Q000.00 each year (2 year conhact)
(Explain)
.4ctivity Number: 001-05122-4301
3 : ,�
Cosf/Revenue Budgeted: Y
July 31, 2009 9:49 AM Page 1
R�saiu
CITY OF,$A(t3T PAUL, MINDiESOTA
PresenEed By:
Referred To:
09-922
Councit File #
Green Sheet 7f
Committee: Oate
t RESO�VED, that fhe proger City officials are hereby authorized and directed to execute a hazardous maferials
2 emergency response contracf with fhe State oP Minnesota, Department of Public Safety as provided by Saini
3 Paul's Department af Fire and Safety Services; a copy of said agreemeot is fo be kepf on fiIe artd of record in
a the Ofnce of �inancial Services.
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Requested by Department of:
Adopted by Council:,Date �J ���?Up�
Adoption Certified by Gounci! Secretary:
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Apprwed ay or Submis ion io Councit:
By:
09-922 Contract No.B02346
STATE OF MINNESOTA
PROFESSION'AL AND TECFINICAL 5ERVICE5 CONTRACT
This contract is between the State of Minnesota, acting throu� its Commissioner of Public Safetv Division of Aomeland
Security and Emergencv ManaQement ("State") and City of St. Paul, Departrnent of Fire and SafeN Services 100 East
l lth Street. St. Paul, MN 55101 ("Contractor").
RecitaIs
1. Under Minn. Stat. § 15.061 and 299A,50, Subd. 2, and Reorganization Order #191 the State is empowered to enter
into contracts with other state departments and agencies, local units of government, other states, Indian tribes, the
federal govemment, or other nonpublic persons to implement the provisions of Minnesota Rules, Chapter 7514.
2. The State is in need of professionalltechnical services from regionally located Hazardous Materials Emergency
Response Teams and Chemical Assessment Teams to assist local authorities in protecting the public's safety from
effects of a hazardous materials release.
3. The Contractor is empowered to enter into this contract pursuant to Minn. Stat. § 471.59, Subd 10.
4. 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
l.l Effective date: Julv I, 2007, 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, 2009, or until all obligations have been satisfactorily fulfilled, whichever occurs first.
1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this contract: 8. Liability; 9.
State Audits; 10. Government Data Practices; 12. Publicity and Endorsement; 13. Goveming Law, Jurisdiction,
and V enue; and 14 Data Disclosure.
2 Contractor's Duties
The Contractor, who is not a state employee, except as defined in Minn. Stat. § 299A.51, Subd 1 and 2, will:
2.1 be responsible for all terms, tasks and conditions assigned by Minn. Stat. §§ 299A.48 to 299A.52 and Minnesota
Rules, Chapter 7514, including but not limited to the following:
(A) Respond to hazardous materials incidents occurring in Contractor's primary and secondary response areas
when requested;
(B) Respond to any response area in the state when directed to do so by the Commissioner of Public Safety
(Minnesota Rules, Chapter 7514.090Q Subpart 1);
(C) Coordinate on-scene emergency response operation with local, state and federal agencies, Indian tribes,
and private response organizations through the Minnesota Incident Management System (Minnesota
Rules, Chapter 7514.01800, Subpart 1);
(D) Ensure that team members are in compliance with the initial, continuing education, and team training
requirement established in Minnesota Rules, Chapter 7514.0600, Subparts 1 to 4, and annually certify
such compliance to the Comnussioner (Minnesota Rules, Chapter 7514.0600, Subpart �;
(E) Ensure that team members are in compliance with the medical requirements established in Minnesota
Rules, Chapter 7514.0600, Subpart 7, and annually certify such compliance to the Commissioner
(Minnesota Rules, Chapter 7514.060Q Subpart �;
(F) Deploy team personnel and equipment to a hazardous materials incident within and average of fifteen
( I S) minutes from the time the decision is made to dispatch the team (Minnesota Rules, Chapter
7514.0500). For purposes of the clause, the decision to dispatch the team will be considered made at the
time the Contractor's poir.t of contact for purposes of disnatching the team, as identified in Appendix E, is
notified by the State;
P/TContrnct(Rev.1/07) Page 1 of21
09-922CFMS Contract No.B02346
(G) Ensure compliance with all other employer requirements established in Minnesota Rules, Chapter
7514.06�Q;
(H) Conduct a formal evaluation of the team's response to each incident as required by Minnesota Rules,
Chapter 7514.1300;
(I) Submit a detailed report of the teatn's response to an incident as required by Minnesota Rules, Chapter
7S 14.0900, Subpart 7, and take all appropriate measures to identify to the State the responsible person of
each incident, to include Social Security number or Federal Tax Identification number;
(J) Designate a primazy and alternate representative to the Hazazdous Materials Regional Response Team
Program Advisory Committee, who will attend all meetings of the committee and have the authority to
make recommendations on behalf of the Contractor;
(K) Designate a primary and altemate representative who will receive training in applying the suggested
operating guidelines and other administrative procedures of the Hazazdous Materials Regional Response
Team Program, provided by the Commissioner, as required by Minnesota Rules, Chapter 7514.0700,
Subpart 2, and who will be responsible for providing that instruction to other team members;
(L) Maintain and store emergency response vehicles and equipment, whether loaned to Contractor by the
State, or owned by the Contractor, in proper wbrldng order and ready for response at al] tunes, except as
may be necessary for the performance of routine or necessary maintenance, repairs or replacement.
Contractor must immediately notify the State whenever Contractor is not available for emergency
response as a result of such circumstances;
(M) Submit clairns for recoverable wsts to the Commissioner as required by Minnesota Rules, Chapter
7514.1700, Subparts 1 and 3, and take all appropriate measures to identify to the State the responsible
person for each incident, to include Social Security nuxnber or Federal Tas Identification number;
(N) Maintain the minunum composition of team members required by Minnesota Rules, Chapter 7514.0800.
(0) Respond to incidents to perform the functions of a Chemical Assessment Team as required by Minnesota
Rules, Chapter 7514.0900, subparts 3 and 4, with a minimum of three (3) and a maximum of five (5)
persons certified to the levels of hazardous materials uaining required by Minnesota Rules, Chapter
7514.0800 Subpart 6;
(P) Respond to incidents and assist local authorities at the scene of a hazardous materials incidents by
providing simple mitigation to the hazardous materials incident and recommend to the local incident
manager the best means of controlling the hazard after consideration of life safety concerns,
environmental effects, exposure hazards, quantity and type of hazardons material, availability of
resources, or other relevant factors (Minnesota Statute, Chapter 299A.49, subpart 2);
(Q) Respond to incidents in conjunction with an Emergency Response Team to assess an incident, develop
and recommend mitigation strategies, and assist with response operations (Minnesota Rules, Chapter
7514.0900, Subpart 4).
2.2 In addition, when functioning as an Emergency Response Team, Contractor will:
(A) Maintain the minimum composition of team members required by Minnesota Rules, Chapter 7514.0800.
(B) Respond to each incident as an Emergency Response Team with a minimum of nine (9) persons certified
to the levels of hazardous materials training required by Minnesota Rules, Chapter 7514.0800, Subpart 5.
(C) Respond to incidents and assist local authorities by taking emergency actions necessary to protect life,
property, and the environment from the effects of a release of a hazardous material. (Minnesota Rules,
Chapter 7514.0900, Subpart 2).
(D) Take emergency actions at the scene of a hazardous materials incident including, but not limited to,
preventing the release, mitigating the effects of the release, and stabilizing the emergency situation
(Minnesota Rules, Chapter 7514.0900, subpart 2).
(E) Respond to incidents to perform the functions of a Chemical Assessment Team as required by Minnesota
Rules, Chapter 7514.0900 Subpart3 and 4, with three (3) persons certified to the level of hazardous
materials training required by Minnesota Rules, Chapter 7514.0800, Subpart 6.
2.3 Contractor will not be required to respond to calls during the approximate, two week period in which the
Republican National Convention is held in the city of St. Paul.
PR' Con[tact (Rev.1/07) . Page 2 of 21
09-922CFMS Contract No.B02346
3 Time
The Contractor must comply with all the time requirements described in this contract. In the performance of this
contract, time is of the essence.
4 Consideration and Payment
4.1 Conszderation. The State will pay for all services performed by the Contractor under this contract as follows:
(A) Compensation. The Contractor will be paid by the State for the following costs associated to:
(1) Capital equipment — cost of capital equipment including vehicles not to exceed $15,000.00.
(2) Training — Annual cost of training team personnel not to exceed $64,000.00.
(3) Medical Exaininations — Cost of annual medica] examinations for team personnel not to exceed
$4,000.00.
(4) Consumable Supplies — Initial cost of consumable supplies not to exceed $5,000.00.
(5) Administration—Progam administration costs not to exceed $30,000.00.
(6) Maintenance — Equipment maintenance costs not to exceed. $2,000.00.
(S) Contractor may deviate from proposed budget stated in Clause 4, Section 4.1, Item (A) of this contract
increasing and decreasing amounts between approved categories listed as needed and justified with the
exception of category (5). Category (5) pertains to administration costs and may not be increased more than
20% without prior written approval from the State's Authorized Representative of this contract. The total
amount for Clause 4, Secfion 4.1, Item (A) may not exceed $120,000.00 per state fiscal each year (July
through June) of tkris contract, and may not exceed a total of $240,000.00 for both state fiscal yeazs of the
contract. Funds not expended by the Contractor during the first state fiscal year of this contract will be
cancelled. �
(C) Emergency Response Compensation. Contractor will reimbursed by the State for the reasonable and
necessary costs associated with an actual response as follows:
(1) TeamPersonnelCosts:
Year One
$75.00 per hour, including wages and fringe benefits, per person, two (2) hour minimum.
Year Two
$80.00 per hour, including wages and fringe benefits, per person, two (2) hoixr minimum.
(2) Additional Wage Costs for Local Callback Personnel:
Year One
$38.00 per hour, including wages and fringe benefits, per person, two (2) hour minimum.
Year Two
$40.00 per hour, including wages and fringe benefits, per person, two (2) hour minimum.
(3) Vehicle Operating Costs:
Year One
$100.00 per hour for Chemical Assessment Team vehicle, Emergency Response vehicle, Rescue Squad,
Fire Engine, Ladder Truck and $50.00 per hour for additional vehicles.
Year Two
$105.00 per hour for Chemical Assessment Team vehicle, Emergency Response vehicle, Rescue Squad,
Fire Engine, Ladder Truck and $53.00 per hour for additional vehicles.
(4) Cost of Consumable Supplies Used:
Contractor will submit and itemized invoice for actual costs incurred.
(5) Costs of Repair or Replacement of Damaged or Destroyed Equipment:
P/T Conhact (Rev.1/07) Page 3 of 21
09-922CFMS Contract No.B02346
Contractor will submit an itemized invoice for actual costs incurred. If costs exceed $50�.00, the State may
request competitive bids or quotes prior to the repair or replacement of equipment. Confractors, who are
municipalities, must comply with municipal bidding laws.
(6) Communications Costs:
Contr�ctors will submit an itemized invoice for actual costs incurred. Eligible costs aze defined as cellular
and land line telephone costs for voice, data, or facsimile transmissions.
(7) Administrative Costs Directly Resulting from the Emergency Response:
Up to $400.00 per response, including wages and fringe benefits. Contractor may request additional
adnunistrative cost compensation, based on an itemized invoice for actual costs incurred, when
extraordinary circumstances resulting from a specific State authorized emergency response are documented.
(8) Costs incurred in the use of Special Equipment as provided in Minnesota Rules, Chapter 7514.120�.
(9) Costs associated with providing Support to Cleanup Operations when requested in accordance with
Minnesota Rules, Chapter 7514.0900, Subpart 5.
(10) Costs associated with providing Standby Technical Assistance when requested in accordance with
Minnesota Rules, Chapter 7514.1600, Subpart 4.
(11) Other Direct Costs incurred by the Contractor as a result of the Emergency Response.
(D) Costs incurred under Clause 4, Section 4.1, Item (C) of this contract for any single response by Contractor
may not exceed $S,OOO.OQ unless authorized by the State.
All necessary and reasonable costs associated with a State authorized emergency response to a hazazdous
materials incident, incurred the Contractor and authorized by the State, will be billed by the Stafe to the
responsible person, and managed by tlie State through a sepazate revolving account for such incidents.
Contractor agrees that the State subrogates to the rights of the Contractor against the responsible person as
defined in Minnesota Statutes 299A.52.
(E) The total obligation of the State for all compensation to Contractor incurred under Clause 4, Section 41, Item
(A), of this conisact will not exceed $240,000.00.
4.2. Payment
(A) 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:
(1) Contractor Compensation: Contractor will submit a completed Contractor's Compensation
Reimbursement Packet at least annually but not more frequently than monthly for reimbursement of costs
identified in Clause 4, Section 4.1, Items (A) and (B) of this contract. Final invoice for reimbursement of
costs pertaining to state fiscal year July 1, 2007 through June 30, 2008 must be received by the State no
later than 7uly 31, 2008. The final imoice for reimbursement of costs pertaining to state fiscal year July 1,
2008 through June 3Q 2009 must be received by the State no later than July 31, 2009. The State will
process completed Reimbursement Packets for compensation within thirty (30) days of receipt. The total
amount of reimbursement pertaining to Clause 4, Section 4.1, Items (A) and (B) of this contract will not
exceed the limits of this contract.
(2) Emergency Response Compensation: Contractor is responsible for submitting a claim for '
reimbursement for the reasonable and necessary costs associated with a State authorized emergency
response to a hazardous materials incident within 45 days of the temunation of the response. The claim for
reimbursement r.iust be made on State provided forms and must detail the reasonable and necessary costs of
the response as provided in Clause 4, Section 4.1, Items (C). The SYate will process completed forms fos
P/T Contrnc[ (Rev 1/07) Page 4 of21
09-922 Contract No.B�2346
reimbursement within thirty (30) days of receipt. The total amount of rennbursement pertaining to Clause
4, Section 4.1, Item (C) of this contract will not exceed limits of this contract.
(3) Retainage. Under Minnesota Statutes Secfion 16C.08, subdivision 5(b), no more than 90°fo of the
amount due under this contract may be paid until the final product of this contract has been reviewed by the
State's agency head. The balance due will be paid when the State's agency head detennines that the
Contractor has satisfactorily fulfilled all the terms of this contract.
� Conditions of Payment
All services provided by the Contractor under this contract must be performed to the State's satisfaction, as
determiued at the sole discretion of the State's Authorized Representative and in accordance with all applicable
federal, state, and local laws, ordinances, rules, and regulations. The Contractor will not receive payment for
work found by the State to be unsatisfactory or performed in violation of federal, state, or local law.
Authorized Representatives
The State's Authorized Representative is Kris Eide, Director of the Minnesota Division of Homeland Securitv and
Emersencv ManaPement, or his/her successor, and has the responsibility to monitor the Contractor's performance
and the authority to accept the services provided under this contract. If the services are satisfactory, the State's
Authorized Representative will certify acceptance on each invoice submitted for payment.
The Contractor's Authorized Representative is Robert Momson. Fire Chief City of St Paul Department of Fire
and Safetv Services, lOQ East llth Street St Paul MN 55101 (6511228 6214, or hislher successor. If the
Contractor's 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 contract, or their successors in office.
7.2 Amendmenfs. Any amendment to this contzact must be in writing and will not be effective untjl it has been
executed and approved by the same parties who executed and approved the original contract, or their
successors in office.
7.3 Waiver. If the State fails to enforce any provision of this contract, that failure does not waive the provision or
its right to enforce it.
7.4 Contract Complete. This contract contains all negotiations and agreements between the State and the
Contractor. No other understanding regarding this contract, whether written or oral, may be used to bind
either party.
Liability
The Contractor must indemnify, save, and hold the State, its agents, and employees harmless from any claims or
causes of action, including attorney's fees incurred by the State, arising from the performance of this contract by
the Contractor or the Contractor's agents or employees. Minn. Stat. § 299A.51 and Minnesota Rules, Chapter
7514.2000 govern the Contractor's liability. This clause will not be construed to bar any legal remedies the
Contractor may have for the State's failure to fulfill its obligations under this contract.
State Audits
Under Minn. Stat. § 16C.05, subd. 5, the Contractor's books, records, documents, and accounting procedures and
practices relevant to this contract are subject to examination by the State andfor the State Auditor or Legislative
Auditor, as appropriate, for a minimum of six years from the end of this contract.
10 Government Data Pracrices
10.1. Govemment Data Practices. The Contractor and State must comply with the Minnesota Govemment Data
Practices Act, Minn. Stat. Ch. 13, (or, if the State contracting party is part of the judicial branch, with the
Rules oi Public Access to Records of the Ju3icial Branch promulgated by the Minnesota Supreme Court as
P!I' Contract (Rev.I(07) Page 5 of 21
09-922CFMS Contract No.B02346
the same may be amended &om tune to tune) as it applies to all data provided by the State under this
contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated
by the Contractor under this contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the
data governed by the Minnesota Govemmenf Practices Act, Minn. Stat. Ch. 13, by either the Conhactor or
the State.
If the Contractor receives a request to release the data referted to in this Clause, the Contractor must
immediately notify the State.
11 Workers' Compensation and Other Insurance
The Contractor certifies that it is in compliance with Mian. 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 75142000.
12 Publicity and Endorsement
12.1 Publiciry. Any publicity regazding the subject matter of this contract must iden:ify the State as the
sponsoring agency and must not be released without prior written approval from the State's Authorized
Representative. For pwposes of this provision, publicity includes notices, informational pamphlets, press
releases, research, reports, signs, and similat public notices prepared by or for the Contractor individually or
jointly with others, or any subcontractors, with respect to the program, publications, or services provided
resulting from this contract. This provision shall not apply to infomiation provided to the incident
commander during a State authorized emergency response to a hazardous materials incident.
12.2 Endorsement. The Contractor must not claim that the State endorses its products or services.
13 Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice-of-law provisions, governs this contract. Venue for all legal
proceedings out of this contract, or its breach, must be in the appropriate state ar federal court with competent
jurisdiction in Ramsey County, Minnesota.
14 Data Disclosure
Under Minn. Stat. § 270C.65, Subd. 3 and other applicable law, the Contractor consents to disclosure of its social
security number, federal employer tax identification number, and/or Minnesota tax identification number, already
provided to the State, to federal and state agencies and state personnel involved in the payment of state
obligations. These identification numbers may be used in the enforcement of federal and state laws which could
result in action requiring the Contractor to file state taac rehuns, pay delinquent state tax liabilities, if any, or pay
other state liabilities.
15 Payment to Subcontractors
(If applicable) As required by Minn. Stat. § 16A.1245, the prime contractor must pay all subcontractors, less any
retainage, within 10 calendar days of the prime contractor's receipt of payment from the State for undisputed
services provided by the subcontractor(s) and must pay interest at the rate of one and one-half percent per month
or any part of a month to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s).
16 Termination
16.1 T�rmination by the State. The State or commissioner of Administration may cancel this contract at any
time, with or without cause, upon 30 days' written notice to the Contractor.
(A) In the event of such a temrination for cause, Contractor will refund to the State a pro rata amount of the
contract and fixnds received by Contractor for compensation in accordance with Clause 4, Section 4.1,
Items (A) and (B). Contractors who have satisfied the requirements of 7514.0600 as detemuned solely by
the State prior to the date of ternunation will not be subject to the pro rata refund provision contained in
this clause.
P!T Con[ract (Rev.I/07) Page 6 of'21
09-922 CFMS Contract No.B02346
(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 (C), incurred under this contract
as the result of a State authorized emeroency respoase to a hazardous inaterials incident, for services
performed until the effective date of termination.
16.2 Terminarion by Contractor. This contract may be terminated by Contractor at any time, with or without
cause, upon ninety (90) days' written notice to the State.
(A) In the event of such a ternunation, Contractor will refund to the State a pro rata amount of the contract
and funds received by Contractor for wmpensation in accordance with Clause 4, Section 4.1., Items (A)
and (B). Contractors who have satisfied the requirements of 7514.0600 as deternuned solely by the State
prior to the date of ternunation 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 (C), 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 temunation.
17 Minn. Stat. § 181.59
The vendor will comply with the provisions of Minn. Stat. § 181.59 which requires:
Every contract for or on behalf of the state of Minnesota, or any county, city, town, township, school,
school district, or any other district in the state, for materials, supplies, or construction shall contain
provisions by which the contractor agrees: (1) That, in the hiring of common or skilled labor for the
performance of any work under any contract, or any subcontract, no contractor, material supplier, or
vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens
of the United States or resident aliens who are qualified and available.to perform the work to which the
employment relates; (2) That no contractor, material supplier, or vendor, shall, in any manner, discriminate
against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this
section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of
work under any contract on account of race, creed, or color; (3) That a violation of this section is a
misdemeanor; and (4) That this contract may be canceled or temunated by the state, county, city, town,
school boazd, or any other person authorized to gant the contracts for employment, and all money due, or
to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or
conditions of this contract.
18 Affirmative Acfion Requirements for Contracts in Excess of $1Q0,000 and if the Contractor has More than
40 Full-time Employees in Minnesota or its Principal Place of Business .
The State intends to carry out its responsibility for requiring affirmative action by its Contractors.
18.1 Covered Contracts and Contractors. If the Contract exceeds $100,000 and the contractor employed more
than 40 full-time employees on a single working day during the previous 12 months in Mmnesota or in the
state where it has its principle place of business, then the Contractor must comply with the requirements of
Minn. Stat. § 363A36 and Minn. R. Parts 50003400-5000.3600. A contractor covered by Minn. Stat. §
363A36 because it employed more than 40 full-time employees in another state and does not have a
certificate of compliance, must certify that it is in compliance with federal affirmative action requirements.
18.2 Minn. Stat. § 363A36. Minn. Stat. § 363A36 requires the Contractor to have an affirtnative acrion plan for
the employment of minority persons, women, and qualified disabled individuals approved by the Minnesota
Commissioner of Human Rights ("Commissioner") as indicated by a certificate of compliance. The law
addresses suspension or revocation of a certificate of compliance and contract consequences in tha± event.
A contract awarded without a certificate of compliance may be voided.
183 Minn. R. 5000.3400-5000.3600.
(A) General. Minn. It. 5000.34Q0-50003600 implement Minn. Stat. § 363A.36. These rules inciude, but are
not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures
for issuing certificates of compliance and criteria for detemuning a contractor's compliance status;
procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports;
P/I' Con6act (Rev. i/07) Page 7 of 21
09-92�FMS Contract No.B02346
procedures for compliance review; and contract consequences for non-compliance. The specific criteria
for approval or rejection of an affirmative action plan are contained in various provisions o£ Minn. R.
50003400-50003600 including, but not limited to, parts 50003420-50003500 and 50003552-
50003559.
(B) Disabled Workers. The Contractor must comply with the following affumative action requirements for
disabled workers.
(1) The Contractor must not discriminate against any employee or applicant for employment because of
physical or menta] disability in regard to any position for which the employee or applicant for
employment is qualified. The Contractor agrees to take affirmative action to employ, advance in
employment, and otherwise treat qualified disabled persans without discrimination based upon their
physical or mental disability in all employment practices such as the following: employment,
upgading, demotion or transfer, recruitment, advertising, layoff or temunation, rates of pay or other
forms of compensation, and selection for training, including apprenticeship.
(2) The Contractor agrees to comply with the ruies and relevant orders of the Minnesota Department of
Human Rights issued pursuant to the Minnesota Human Rights Act.
(3) In the event of the Contractor's noncompliance with the requirements of this clause, actions for
noncompliance may be taken in accordance with Minnesota Statutes Section 363A.36, and the rules
and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota
Human Rights Act.
(4) The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of
Human Rights. Such notices must state the Contractor's obligation under the ]aw to take affirmative
action to employ and advance in employment qualified disabled employees and applicants for
employment, and the rights of applicants and employees.
(5) The Contractor must notify each labor union or representative of workers with which it has a
collective bazgaining agreement or other contract understanding, that the contractor is bound by the
terms of Minnesota Sta[utes Section 363A.36, of the Minnesota Human Rights Act and is committed
to take affirmative action to employ and advance in employment physically and mentally disabled
persons.
(C) Conseguences. The consequences for the Contractor's failure to implement its affirmative action plan or
make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate
of compliance by the Commissioner, refusal by the Commissioner to approve subsequent plans, and
temunation of all or part of this contract by the Commissioner or the State.
(D) Certification. The Contractor hexeby certifies that it is in compliance with the requirements of Minn. Stat.
§ 363A36 and Minn. R. 50003400-50003600 and is aware of the consequences for noncompliance.
19 Foreign Outsourcing
Contractor agrees that the disclosures and certifications made in its Location of Service Disclosure and
Certification Form subsnitted with its proposal aze true, accurate and incorporated into this contract by reference.
20 Other Provisions: All Appendices A through G referenced below aze attached and incorporated into this
contract:
201 Primary Response Area Boundaries: For purposes of Clause 2, Contractor's primary response area
boundaries are established as described in Appendix A:
20.2 Secondary Response Area Boundaries: For purposes of Clause 2, Contractor's secondary response area
boundaries are established as described in Appendix B:
203 Contractor's Geographic Jurisdiction: For purposes of Clauses 8 and 11, Contractor's normal geographic
jurisdiction is established as described in Appendix C:
20.4 State owned Vehicles, Trailers and Equipment Loaned to Contractor: State agrees to loan to Contractor the
hazardous materials emergency response vehicles and equipment identified in Appendix D, in accordance
with the following terms and conditions:
(A) Contractor may use and have possession of the vehicles, trailers and equipment identified in Appendix
P/T Covtrnct (Aev 1/07) Page 8 of 21
09-922CFMS Contzact No.B02346
D.
(B) The State wIll retain title and legal ownership of loaned vehicles, trailers and equipment identified in
Appendix D, and provide for their replacement.
(C) The State wIll, upon request of Contractor, train at least one person designated by Contractor in the
proper handiing, use and maintenance of the vehicles, trailers and equipment identified in Appendix D.
The State shall provide this training to Contractor's personnel without cost, other than travel and related
expenses.
(D) The State will maintain all necessary inventory control records on the vehicles, trailers and equipment
identified in Appendix D.
(E) The State will admiiuster any manufacturer's warranty claims that may result during Contractor's use
of the vehicles, trailers and equipment identified in Appendix D.
(F) The State will provide Contractor with technical assistance as necessary regarding the proper handling,
use and maintenance of the vehicles, trailers and equipment identified in Appendix D.
(G) Contractor will keep and maintain the vehicles, trailers and equipment in proper operating condition.
(H) Contractor will re-supply all disposa6le, expired and consumable components originally provided by
the State, and will supply any other necessary disposable and conswnable components not provided by
State, at Contractor's expense.
(I) Contractor will be responsible for the cost of repairing or replacing vehicles, trailers and equipment that
have been lost, or in the opinion of the State, ttas been damaged due to abuse, misuse, or other cause
outside the scope af normal wear and tear incurred in routine proper use. The State will detemune
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
manufactw recommendations.
(K) Contractor will retum the vehicles, trailers and equipment identified in Appendix D to the State upon
temunation, expiration, or cancellation of the contract. 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.
(N) The person(s) trained by the State in the proper use, handling and maintenance of the vehicles, trailers
and equipment will provide that training to Conuactor's team members and other appropriate
personnel.
(0) Contractor will make the vehicles, trailers and equipment available to personnel authorized by the State
when required for inventory or inspection purposes.
(P) Contractor agrees to provide secure heated storage for vehicles, trailers and equipment identified in
Appendix D.
(Q) Insurance: Contractor agrees to provide the State a certificate(s) of insurance, or a statement of self-
insurance, naming the State as an additional insured under the policy(s) prior to the execution of this
contract, for the following coverage:
(1) State Owned Vehicles and Trailers Loaned to Contractor:
(a)Automobile Physical Damage: Contractor agrees to provide automobile physica] damage
(comprehensive and collision) coverage on all vehicles loaned to Contractor by the State; and,
(b)Automobile Liability (Non-governmental Entities): Contractor agrees to provide automobile
liability coverage, including hired and non-owned automobiles, of not less that $1.0 znillion
dollars combined single limit on all vehicles loaned to Contractor by the State; or
(c) Automobile Liability (Govemmental Entities): Contractor agrees to provide automobile liability
coverage on all vehicles loaned to Contractor by the State. The limiis of liability for such
coverage musYbe $300,000 for bodily injury and property damage per person, and $1,OOQ000
bodily injury and property damage per occurrence.
(2) Contractor Owned Vehicles and Trailers:
PfP Contract (Rev.I/07) Pnge 9 of 21
0 9 -922 CFMS Contract No.B02346
(a) Automobile Liability (Non-govemmental Entities): Contractor agrees to provide automobile
liability coverage, including hired and non-owned automobIles, of not less than $1.0 million
dollars combined single limit on all Contractor owned, non-owned or leased velucles; or
(b) Automobile Liability (Govemmental Enlities): Contractor agrees to provide automobile liability
coverage on aIl Contractor owned, non-owned or leased vehicles. The limits of tiability 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 Con�ractor: Contractor agrees to provide "AII Risk" prop'erty
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 o£ such insurance from the State in accordance with Clause 4,
Section 4.1, Item A(5), of this contract.
(5) Contractor agrees to provide the State thirty (30) days advanced written notice of cancellation, non-
renewal, or reductions in limits or coverage's or other changes to the policy(s).
20.5 Annual Reporting Requirements:
In addition to the report required by Clause 2, Section 2.2, Item I. of this contract, Contractor agees to
provide the State with the following report:
Not later than January Sch, of each year, Contractor agrees to submit an annuaI report to the State which, at
a minimum, contains the following information for the preceding calendar year:
(A) Certification that team members have received training that meets the requixements of Minnesota Rules,
Chapter 7514.0600;
(B) Certification that team members meet the medical requirements of Code of Federal Regulations, Title
29, Section 1910.120;
(C) A detailed inventory of all hazardous materials vehicles, equipment, and supplies loaned to Contractor
by the State, and owned by Contractor;
(D) A IisY of teazn training activities including exercises, whether conducted by Contractor or another
jurisdiction, in which Contractor participated;
(E) A current rostex of team personnel which identifies each member's level of;�azardous materials training;
and;
(F) Any recommendations for enhancement or improvement of the regional response team program.
20.6Point of Contact for Team Dispatching: Contractor agrees to maintain a single point of contact that will be
used by the State to dispatch Contractor. Contractor's single point of contact is established as identified in
Appendix E.
20.7 For purposes of this conuact, the designees of the State's Authorized Representative are included as
Appendix F of this contract.
20.8 For purposes of this contract, Contractor's primary and altemate representative(s) to the Hazardous
Materials Regional Response Team Program Team Advisory Co�uruttee are included as Appendix G of tlus
contract.
20.9 This instnunent embodies the whole agreement of the parties. There are no promises, terms, conditions, or
obligations other than those contained herein; and this contract shall supersede all previous
communications, representations, or agreements, either verbal or written, between the parties.
20.10 The failure of one party to enforce any provision of this contract wil] not constitute a waiver by that party of
that or any other provision.
P/I' Conhact (Rev.1/07) Page 10 of 2I
09-922CFMS Contract No.B02346
__I�3i�u�i:I_1
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 Ramsey, Wa,hington, Dakota, Anoka and
Chisago.
P/T Co��tmct (Rev.1/07) Page I I of21
09-92�FMS Conh'act No.B02346
.. ��
Description of Contractor's Secondary Response Area
Contractor's Secondary Response Area is described as follows:
The entire State of Minnesota.
PIT Connact (Kev.1/07) Page 12 of 2I
09-922CFMS Contract No.B02346
I_\�»I�I�7►.�i7
Description of Contractor's Normal Geogaphic 7urisdiction
Contractor's normal geographic jurisdiction is described as follows:
The corporate limits of the City of Saint Paul, Minnesota.
P/T Co�itiact (Rev.1/07) Page 13 of21
09-922CFMS Contract No.B02346
APPENDIX D
List of State Owned Vehicles, Trailers and Equipment Loaned to Contractor
Item
ACGIH Threshoid Limit Values and Biological Exposure Indices
Association of American Railroads Emergency Action Guides
CHRIS Hazardous Chemical Data Manuai
Comprehensive Guide to Hazardous Properties of Chemicai
Substances
Crop Protection Chemical Reference
DOT Emergency Response Guidebook
Emergency Care for Hazardous Materiais Exposure
Emergency Handling of Hazardous Materials in Surface
Transportation
Firefighter's Handbook of Hazardous Materials
General American Tank Car Company (GATX) Tank Car
Manual
Handbook of Compressed Gases
Hazardous Chemicals Desk Ref�rence
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
Reqional ResAOnse Team Proc7ram Manuai
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"
Folding Table, 60" x 30"
Foot Stools/Step - Plasfic
Liqhtinq Svstem - Flood, with Generator (6K)
Chemical Resistant Boots - Electrostatic Dissipating
Gloves, Assorted Materials
CAT ERT
1 1
1 9
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1
1
1
1
1
3
3
2
1
3
1
6
1
1
2
1
1
1
1
1
1
12 pr. 12 pr.
� � �_.
� � ;; 5 �>
P/T Contnc[ ( Rev I/07) Page 14 of 21
09-922CFMS Contract No.B02346
Neoprene/Nitrile
Silver Shiefd / 4-H
PVC / Nitrile
Viton
Kevlar
Sol-Vex Nitrile
Goggies
Hard Mats ! Rescue Helmets
Leve! A Encapsulating Suits
Levef B EncapsulatingSuits
tevel B Non-Encapsulating Suits
Level B Non-Encapsulating Suits
Leve( C Disposable Suits
Suit Cooling Vests
Suit Test Kit
Chlorine Kit A, B and C
Air Bag System
Bonding and Grounding Equipment
Dome Cover.Ciamps
Drum Upender
Drum Repair Kit
Pipe Repair Kit
Drum Roll. Assorted Sizes
12 pr
12 pr
92 pr.
12 pr
12 pr
24 pr
6 pr.
6
4
4
20
24
1 cs.
2
1
2 bxs
1 set
1 set
1
12pr
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
Celiular Phone, Dual Nam
Mobile Radio - 100 watt
Portable Radio - 5 watt
Portabie Radio Gang Charger
Portable Radio Single Charger
Portable Radio Spare Batteries
In-Suit Communicafions Eouior
ALOHA Software
ARCHIE Software
CAMEO Il Windows and
Air Sampling System
SpilFyter Kit
HazCat Kit
Leak Detection Solution
Colormeteric Detection Tube Kit
Dosimeter
Dosimeter Charger
Draeger CMS Kit
Drum Sampler
4 Gas Monitor
1
1
3
1
1
3
1 set
1
1
1
1
1
1
1
1
6
1
1
1
1
1
1
5
2
1
8
2 sefs
1
1
E
PIT Conbact (Rev. V07) Poge 15 of21
09-922CFMS Contract No.B02346
4 Gas Monitor Calibration Gas
Chlorine Single Gas Monitor
Chiorine Calibration Gas Kit
Ammonia Single Gas Monitor
Ammonia Calibration Gas Kit
Photoionization Detector
PID Calibration Gas Kit
Radiological Monitor
WeatherPak Meteorological Station
Class D Powder
Foam Eductor
Foam Appiication Nozzle - AFFF/ATC
Foam Application Nozzie - 65:1
Citric Acid, 30 gais.
Soda Ash, 40 Ib. bags
Spill-X Acid Neutralizer, 5 gal.
Spill-X Caustic Neutralizer. 5 c
Absorbent Booms/Pads/Piliows
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.
Spiistopper Drain Cover Mat
Two Wheei 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
Basic First Aid Supplies
1
1
1
1
1
1
1
1
1
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
1
P/T Contract (Rev.l /07) Page 16 of 21
09-922CFMS Contract No.B02346
Blood Pressure Cuff
Disposable Bag Mask Resuscitator
Disposable Oxygen Mask and Tubing set
EMS Trauma Kit
Portable Oxygen Kit With Spare Cylinder
Portable Suction Kit
1&' Equipment Traifer
Electric (or Manual) Trailer Jack
Emergency Ligh± Warning System
Metal Shelving
Propane Boftles, 40 Ib.
Suburban Response Vehicle
600 watt Inverter
Battery Conditioner
Electric Trailer Brake System
Electronic Engine Idler
Emergency Light Warning System
Passenger Safety Screen
Radio Console
Roil-out Storage Tray
Siren System
Stream-Lite Hand Lanterns and Chargers
Trailer Hitch and Wiring
Emergency Response Vehicie
50' Electric Cord Ree/s
300' 13/4° Fire Hose
Flood Lights Portable
Hose adapters 2%" to 1 3/4"
Refrigerator
12' Roof Ladder
6" Step Ladder
Siren System
Hand Lanterns
Wheel Chocks
1
1
1
2 sets
2
1
1
1
1
1
1
1
1
1
1
3
1
2
2
1
1
1
1
2
�
1
2
1
2
2
1
1
1
1
4
2 sets
PIT Contmct (Rev.1/07) Page I7 of 21
ICS Vest System �
09-922CFMS Contract No.B02346
APPENDIX E
Description of Contractor's Single Point of Contact for Team Dispatching
Contractor's single point of contact for purposes of team dispatching is described as follows:
St. Paul Fire Dispatch (651)224-7371
P!I' Conbact (Rev.1/07) Page 18 of 21
09-922CFMS Contract No.B02346
/_��7�1�1�7►f�1
List of Designees of the State's Authorized Representative
State's Authorized Representative:
Kris Eide Director - Division of Homeland Security and Emergency Management
Designees of State's Authorized Representative:
Dave Berrisford MN Division of Homeland Security and Emergency Management
Gary Hendrickson MN Division of Homeland Security and Emergency Management
Other persons identified by the State to Contractor in writing.
Authority of Designees:
Clause 4, Section 4.1, Item (B) Authorization to approve Contractor's Compensation budget deviations
of more than 20% pertaining to category (5)., "administrative costs".
Clause 4, Section 4.1, Item (D) Authorization to approve Emergency Response Compensation in excess
of $5,000.00.
Clause 4, Section 4.2, Item (A) Authorization to approve invoices for Contractor's Compensation and
Emergency Response Compensation.
Clause 12
Authorization to approve publicity or publications prepared by or for the
Contractor, and authorization to give instructions to the Contractor
conceming the release of data to a requesting party before the data is
re:eased.
The undersigned hereby delegate the authorities listed above to those persons identified as Designees of State's
Authorized Representative. These authorities are delegated until revoked in writing.
Kris Eide
Director - Minnesota Division of Homeland Security and Emergency Management
Date
P!i' Contiact (Rev.1/07) Page 19 of21
09A22CFMS Contract No.B02346
. ._ v�G �
List of Contractor's Primary and Altemate Representatives
to the Hazardous Materials Regional Response Team Program
Team Advisory Committee
Contractor's primary and altemate representatives to the Hazardous Materials Regionai Response Team Program Team
Advisory Committee are as follows:
Primary Representative
Chris Cook
Altemate Representative
Doug Wardell
P/T Contract (Rev.l /07) Page 20 of 21
09-922 CFMS Contract No.B02346
1. STATE ENCUMBRANCE VERIFICATION
Imdividua! cenifiu tha7 funds have been encumbered as
requi�ed byMinn. Stat. §§ 16A.15 and 16C.05.
Signed: %� / J��GCi�.�
Date: / O �O �
CFMS Contract No. B02346
2. CONTRACTOR
The Contnctor certifies that the appropriate person(s)
have executed the conhact on behaif of the Contractor az
required by applicable articles, bylaws, resolutions, or ordinances.
BY' ....JJ . 'if{, ��
Title: Fir Chief
Date: � � �{7
9 '
!:• F '�-----.
�
B � a �.-- �
.'
'r;ue: City Attorney
Date:
BY = A.e.�-�-�' `�' �
Title: Ma or
Date: �(?�
BY=
Titl
Date
By:
Titl
Date
3. STATE AGENCY
By:
(with delegated authority) �
Title:
Date:
4. COMMISSIONER OF ADMINISTRATION
As delega[ed [o Materials Management Division
By
Title:
Date:
D�st�ibution:
Agency
Con[�actor
State's Authonzed Representative
Phoro Copy
P/7 Contrdct (Rev.l /07) Page 21 of 21
09-922
l�MENDMENT NO. 1 TO CFMS CONTRACT NO. B02346
Contract Start Date:
Original Contract Expiration Date:
Current Contract Expiration Date:
Requested Contract Expiration Date:
7/1/2007
6/30/2009
6/30/2009
67IcZ�7Q�If1
Total Contract Amount:
Original Contract:
Previous Amendment(s) Total:
This Amendment:
$4so,000.00
$240,000.00
$0.00
$240,000.00
This amendment is by and between the State of Minnesota, through its Commissioner of Public Safety. Division of
Homeland Securitv and Emer¢encv Mana ee ment ("State") and Citv of St. Paul, Department of Fire and Safety Services,
100 East l lth Street, St. Paul, MN 55101 ("Contractor").
Recitals
1. The State has a contract with the Contractor identified as CFMS Conhact Number B02346 ("Original ContracP') to
provide professionaUtechnical services from regionally located Hazardous Materials Emergency Response Teams and
Chemical Assessment Teams to assist local authorities in protecting the publids safety from effects of a hazardous
materials release,
2. The State wishes to exercise its option to extend its current contracts with the City of St. Paul Emergency
Response/Chemical Assessment Team for an additional two-year period. This amendment aiso updates the
requirement of the Contractor to comply with the Govemor's Executive Order 08-01 which went into effect on
January 29, 2008
3. The State and the Contractor aze willing to amend the Original Conlract as stated below.
Contract Amendment
In this Amendment, deZeted contract terms will be struck out and the added contract terms will be underlined.
REVISION 1. Clause 1. "Term of Contract" is amended as follows:
1.2 Expiration date: T����'�T June 30, 2011, or until all o6ligations have been satisfactorily fulfilled,
whichever occurs fust.
�
REVISION 2. Clause 4. "Consideration and Payment" is amended as follows:
41 Consideration. The State will pay for all services performed by the Coniractor under this contract as follows:
(A) Compensation. The Contractor will be paid by the State for the following costs in each vear o£the contract
associated to:
(1) Capital equipment — cost of capital equipment including vehicles not to exceed $15,000.00.
(2) Training — Annual cost of training team personnel not to exceed $64,000.00.
(3) Medical Examinations — Cost of annual medical examinations for teazn personnel not to exceed
$4,000.00.
(4) Consumable Supplies — Initial cost of eonsumable supplies not to exceed $5,000.00.
(5) Administration — Program administration costs not to exceed $30,000.00.
(6) Maintenance — Equipment maintenance costs not to exceed. $2,000.00.
(B) Contractor may deviate from proposed budget stated in Clause 4, Secfion 4.1, Item (A) of this contract
increasing and decreasing amounts between approved categories listed as needed and justified with the
exception of category (5). Category (5) pertains to administrarion costs and may not be increased more than
20% without prior written approval from the State's Authorized Representative of this contract. The total
amount for Clause 4, Section 4.1, Item (A) may not exceed $120,000.00 per each state fiscal year (July
through June) of this contract, and may not exceed a total of ��4&999�8$480,000.00 for t�etlrall state
fiscal years of the contract. Funds not expended by the Contractor during the first second and third state
fiseal years of this contract will be cancelled.
Rev. 04/09 Page 1
09-922
AMENDMENT NO. 1 TO CFMS CONTRACT NO. B02346
(C) Emergency Response Compensation. Contractor will reiinbursed by the State for the reasonable and
necessary costs associated with an actual response as follows:
(1) Team Personnel Costs:
Year One
$75.00 per hour, including wages and fringe benefits, per person, two (2) hour minimum.
Year Two
$80.00 per hour, including wages and fringe benefits, per person, two (2) hour minimum.
Year Three
$85.00 per hour including waQes and frinqe benefits �er person, two (2) hour minimum.
Year Four
$90.00 per hour includine waees and fringe benefifs �er person, two (2) hour minimum.
(2) Additional Wage Costs for Local Callback Personnel:
Year One
$38.00 per hour, including wages and fringe benefits, per person, two (2) hour minimum.
Year Two
$40.00 per hour, including wages and fringe benefits, per person, two (2) hour minimum.
Year Three
$45.00 per hour, including wages and fringe b.enefits, per person, two (2) hour minimum.
Year Four
$50.00 per hour, including wages and fringe benefits, per person, two (2) hour minimum.
(3) Vehicle Operating Costs:
Year One
$100.00 per hour for Chemical Assessment Team vehicle, Emergency Response vehicle, Rescue Squad,
Fire Engine, Ladder Truck and $50.00 per hour for additional vehicles.
Yeaz Two
$105.00 per hour for Chemical Assessment Team vehicle, Emergency Response vehicle, Rescue Squad,
Fire Engine; Ladder Truck and $53.00 per hour for additional vehicles.
Year Three
vehicle, Rescue Squad,
Year Four
$115.00 per hour for Chemical Assessment Team vehicle, Emer¢ency Response vehicle, Rescue Squad,
Fire Ensrine, Ladder Truck and $59.00 per hour for additional vehicles.
(4) Cost of Consumable Supplies Used:
Contractor will snbmit an itemized invoice for actua] costs incurred.
(5) Costs of Repair ar Replacement of Damaged or Destroyed Equipment:
Contractor will submit an itemized invoice for actual costs incurred. If costs exceed $500.00, the State may
request competitive bids or quotes prior to the repair o`r replacement of equipinent. Contractors, who are
municipaliries, must comply with municipal bidding laws. ,
Rev. 04/09 Page 2
09-922
AMENDMENT NO. 1 TO CFMS CONTRACT NO. B02346
(6) Communications Costs:
Contractors will submit an itemized invoice for actual costs incurred. Eligible costs are defined as cellular
and land line telephone costs for voice, data, or facsimile transmissions.
(7) Administrative Costs Directly Resulting from the Emergency Response:
Up to $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 resulting from a specific State authorized emergency response are documented.
(8) Costs incurred in the use of Special Equipment as provided in Minnesota Rules, Chapter 7514.1200.
(9) Costs associated with providing Support to Cleanup Operations when requested in accordance with
Minnesota Rules, Chapter 7514.0900, Subpart 5. -
(10) Costs associated with providing Standby Technical Assistance when requestedin accordance with
Minnesota Rules, Chapter 75141600, Subpart 4.
(I 1) Other Direct Costs incurred by the Contractor as a resuit of the Emergency Response.
(D) Costs incurred under Clause 4, Section 4.1, Item (C) of this contract for any single response by Contractor
may not exceed $5,000.00, unless authorized by the State.
All necessary and reasonable costs associated with a State authorized emergency response to a hazazdous
materials incident, incurred the Contractor and authorized by the State, will be billed by the State to the
responsible person, and managed by the State through a separate revolving account for such incidents.
Contractor agrees that the State subrogates to the rights of the Contractor against the responsible person as
defined in Minnesota Statutes 299A.52.
(E) The total obligation of the State for all compensation to Contractor incurred under Clause 4, Section 4.1, Item
(A), of this conh�act will not exceed �4A 000.00.
4.2. Payment
(A) Invoices. The State will promptly pay the Contractar 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 rimely and in a form prescribed by the State, and according to the following schedule:
(1) Contractor Compensation: Contractor will submit a completed Contractor's Compensation
Reimbursement Packet at least annually but not more frequently than monthly for reimbursement of costs
identified in Clause 4, Section 4.1, Items (A) and (B) of this contract. Fina( invoice for reimbursement of
costs pertaining to state fiscal year July 1, 2007 through June 30, 2008 must be received by the State no
later than July 31, 2008. The fmal invoice for reimbursement of costs pertaining to state fiscal yeaz July 1,
2008 through June 30, 2009 must be zeceived by the State no later than July 31, 2009. The final invoice for
reimbursement of costs uertaining to state fiscal vear July 1, 2009 throu�h June 30, 2010 must be received
by the State no later than July 30, 2010. The final invoice for reimbursement of costs oertaining to state
fiscal year July I, 2010 throueh June 30. 2011 must be received bv the State no later than Julv 29 2011.
The State will process completed Reimbursement Packets for compensation within thirty (30) days of
receipt. The total amount of reimbursement pertaining to Clause 4, Section 4.1, Items (A) and (B) of this
contract will not exceed the limits of this contract.
(2) Emergency Response Compensalion: Contractor is responsible for submitting a claim for
reimbursement for the reasonable and necessary costs associated with a State authorized emergency
response to a hazardous materials incident within 45 days of the termination of the response. The claim for
reimbursement must be made on State provided forms and must detail the reasonable and necessary costs of
the response as provided in Clause 4, Section 4.1, Items (C}. The State will process completed forms for
Rev. 04/09 . Page 3
09-922
AMENDMENT NO. I TO CFMS CONTRACT NO. B02346
reimbursement within thirry (30) days of receipt. The total amount of reimbursement pertaining to Clause
4, Section 4.1, Item (C) of this contract will not exceed limits of this contract.
(3) Retainage. Under Minnesota Statutes Section 16C.08, subdivision 5(b), no more than 90% of the
amount due under this contract may be paid until the final product of this contract has been reviewed by the
State's agency head. The balance due will be paid when the State's agency head determines that the
Contractor has satisfactorily fulfilled all the terms of this contract.
REVISION 3. Ciause 6"Authorized Representative" is amended as follows:
The Contractor's Authorized Representative is D�'�°-"`��--:°^� �':-� n'�:°F Jim Smith. Assistant Fire Chief, City
of St. Paul, Department of Fire and Safety Services, 100 East l lth Street, St. Paul, MN 55101, (651)228-6212, or
his/her successor. If the Contractor's Authorized Representative changes at any time during this contract, the
Contractor must immediately notify the State.
REVISION 4. The following clause is added to the contract:
21 Em l�oyee Status
By order of the Govemor's Executive Order 08-01 if this contract includine anv extension o ptions is or could be
in excess of $50 000 Contractor certifies that it and its subcontractors•
1. Com�ly with the ImmiQration Reform and Control Act of 1986 (U S C 1101 et seq ) in relation to all
em�loyees performine work in the United States and do not knowinely employ nersons in violation of the
United States' immierations laws; and
2. Bv the date of the performance of services under this contract Contractor and all its subcontractors have
Contractor shall obtain certifications of compliance with this section from all subcontractors who will participate
in the performance of this contract. Subcontractor certifications shall be maintained b Contractor and made
available to the state u on request. If Contractor or its subcontractors are not in compliance with 1 or 2 above or
the contract and/or suspendine or debarrine the contractor from state purchasin�
(THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
Rev. 04/09
Page 4
09-922
AMENDMENT NO. 1 TO CFMS CONTRACT NO. B02346
The Original Contract is incorporated into this amendment by reference.
1. STATE ENCUMBRAYCE VERIFICATION
IndividuaF cenifees thatfunds have been enambered as
required byMinn Smt §,$16A75 and 16C.05.
Signed: �r� �72t
Date; 7 — Z ��() 9
CFMS Contract No. B02346. Written Amendment #1
3. STATE AGENCY
Indrvidua[ certif:es the appkcable prwisians of Minn. St¢t.
,¢16C OB, subdivisions 2 and 3�ne ��rmed
B
(with delegated authority)
Title:
Date:
2. CONTRACTOR
The Contractar certfes that the appropriate person(s) have
eucuted the contract on behaljof the Contractor os requ�red
byapplrcable artrcles, bylaws, �esolutions, ara�dinmices.
By:
Title:
Date:
By:
Title:
Date:
4. COMMISSIONER OF ADMINISTRATION
As delegated to Materials ManagemenSDivisiaa
$y:
Date:
Distribution:
Agency
Contractor
State' s Authorized Representuive - Photo Copy
Rev. 04/09 Page 5