97-764Council File #
Presented By:
Referred To:
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Requested by Department of:
Fire & Safety Services
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Appr al Recommended by Budget�Dire r:
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Adopted by Council: Dat
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Adoption Certified by Cou i Secretary:
By: ,
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Approved b a r ate ��
By: �
By:
Green Sheet #
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MINNESOTA
Committee: Date
�����y
30025
RESOLVED, at th roper City officials are hereby authorized and directed to execute a hazardous
materials emerg cy response contract covering the time period July 1, 1997 through dune 30, 1999
with the State of Minnesota, Department of Public Safety as provided by Saint Paul's Department of
Fire & Safety Services; a copy of said agreement to be kept on file and of record in the Office of
Financial Services.
� -f� -9�
to council:
1
nsna�rngivrro� cornvca DATE IMIIATID a ��� ��e �
Fire&SafetyServices 6/13/97 GREEN SHEET NO. 30025
CONLACfPIIi50N&PHOME �1 DEPqR]MENfDIRFCLOH �4 Cf1YCpLJNCQ,
Asst. Fire Ctuef A1 Bataglia 228-6212 Q� cnv wrrou� Q cm c�.mx
MUSTBEONCOUNCQ.A(3a`IDABY(DA'f� � HSJD(�'LDIRECTOR � FIN.&MG�.SE2ViCFSDIR
�� MAYOR(ORA55lS[ANf) � CE�FACCOUNiAM'
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
cnox�i�rreo
Approval of the attached Council Resolution authorizing ihe Department of Fire & Safety Services to enter into a I�.azardous maTerials emergency
response contrac[ with the State of Minnesota, Depaztment of Public Safety covering the time period July 1, 1997 through June 30, 1999.
RECOMI.gt.`DA]IONS:npp.we(p)wRq«t([q PERSONALSERVICECONTRACISMUSTANSWERTHEFOLLOWINGQIJESTIONS:
PLANNINGCOMA9SSION _CR'Q.SERVICECOMI.fIS$ION 1.Huthispeaon/fumeverworkedunderacontractforthisdepamnem?
cm W�u'rs� _ YES NO
a_srt.ft' _ I 2. Has this person/Fum ever been a city employee?
DISIRIC[COURT _ YE$ NO
sueeox'rs wt¢Cti co[mcu, osmenve+ " 3. Does this persoNfimi possess a skill riot nolmalty possessed by arry cmrent city employee?
YES NO
(Ezplain all yes answers oo separete sLeet and attacL to green sheet)
INITfATINGPROHLEM, ISSIJE, OPPORNNI]Y (Who, lVLst, tVM1m, tVFerq Why):
The Minnesota Legislature has determined the need �ists for a system of regionally located Hazardous Materials Emergency Response Teams
to assist local authorities in protecting the public from the effec[s of a hazardous materials release. Saint Paul Fire is qualified and is able to
perform these needed services.
ADVANTAC�S IF APPROVED.
Additional revenues will be generated by the Saint Paul Fire Depar[ment.
DLSADVANTAGESIFAPPROVED:
None.
DISADVANiAGE$ OFNOTAPPROVED:
Loss of potential revenue for the City.
iOTALAMOUNTOFTRANSAGTION_ GYOOOO COST/AEVENUEBUDGECED(CR[CLEONE7 YFS NO
emvneresouxce nclivrrvrromeea GL-510-35110-4301
t �,am�
�,
STATE OF MINNESOTA
CONTT2ACTUAL (non-state employee) SERVICES
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Accounting Distribution 1: Accounting Distribution 2: Accountin� Distribution 3:
Fund: / n /l Fund� Fund:
( fi (/
APPr � ', / f+PPr: Appr.
(i
Org/Sub: / � Org/Sub: Org/Sub:
�
Rept Catg: Aept Catg: Rept Catg:
Amount Q i� j� j�� � AmounC Amoun[:
t (J[J
Processing Information: (Some entries may not apply)
Requisition:
Contract:
Number/Date/Entry Initials
I�SumberlAatelEntry Initials
Solicitation:
Order:
Number/Date/Entry Initials
Number/Date/Signatures
/Individual signing certifies that funds have been
encumbered as required by Minn. Statl6A.I5J
NOTICE TO CONTRACTOR: You are required by Minnesota Statutes Section 270.66 to provide your social securiry number or Minnesota
tax identification number if you do business with the State of Minnesota. This information may be used in the enforcement of federal and
state ta�c laws. Supplying these numbers could result in action to require you to file state tax returns and pay delinquent state tax liabilities.
This contract will not be anproved uniess these numbers are nrovided. These numbers will be available to federal and state tax authorities
and state personnel invoolved in the payment of state obligations.
Conhactor Name and Address:
Ciry of St. Paul
Department of Fire and Safery Services
100 East Eleventh Street
St. Paul, Minnesota 55101
Soc. Sec. or Federal Employer I.D. No.: 41-6005521 Minnesota Tax I.D. No.: 80280995
THIS PAGE OF THE CONTRACT CONTAINSPRIVATE'INFORMATION.
EXCEPT AS DEFINED ABOVE, THIS PAGE SHOULD NOT BE REPRODUCED OR DISTRIBUTED WITHOUT EXPRESS
WRITTEN PEIYMISSION OF THE CONTRACTOR.
If you circulate this contract internatly, DO NOT include this page.
(StPaul EmergencyResponseTeam
CoverPage
Accounting Information: State Authorized Incidents set up in a separate allotment.
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THIS CONTRACT, which s}rall be interpreted pursuant to the laws of the State of Minnesota, between the State of Minnesota, actin� throu�h it
peparhnent of Public Safety (hereinafrer STATE) and the City of St. Paul, Deparhnent of Fire and Safety Services, ]00 East Eleventh Street, St
Paul, Minnesota, 55101, (hereinafter CONTRACTOR), wimesseth that:
WHEREAS, the STATE, pursuant to Minnesota Statutes 15.061 and Minnesota Statutes 299A.50, Subdivision 2, is empowered to enter intc
contracts with other state departmenu and a�encies, local units of government, other states, Indian tribes, the federal government, or othe,
nonpublic persons to implement the provisions of Minnesota Rules, Chapter 7514, and
WHEREAS, the Minnesota Legislature has determined the need exisu for a system of re�ionally ]ocated Hazardous Materials Emergenc�
Response Teams and Hazardous Materials Chemical Assessment Teams to assist local authorities in protecting the public safety from the effect
of a hazardous materials release, and
WHEREAS, CONTRACTOR represenu that it is duly qualified and willing to perform the services set forth herein as a Hazardous MateriaL<
Emergency Response Team, including a Hazardous Materials Chemical Assessment Team.
NOW, THEREFORE, it is agreed:
I. CONTRACTOR'S DUTIES. CONTRACTOR, who is not a state employee, except as defined in Minnesota Statutes, Chapter 299A.51.
Subdivisions 1 and 2, sha1L
A. Be responsible for all terms, tasks and conditions assigned by Minnesota Statute, Chapter 299A.48 to 299A.52 and Minnesot�
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 whec
requested;
2. Respond to any response area in the state when directed to do so by the Commissioner of Public Safety (Minnesotc
Rules, Chapier 7�14.0900, Subpart 1);
3. Coordinate on-scene emergency response operations with local, state, and federal agencies, Indian tribes, and privatc
response organizations through the Minnesota Incident Management System (Minnesota Rules, Chapter 7514.I80Q
Subpart I);
4. Ensure that team members are in compliance with the initial, continuing education, and team training requirement
established in Minnesota Rules, Chapter 7514.0600, Subparts 1 to 4, and annually certify such compliance to the
Commissioner (Minnesota Rules, Chapter 7514.060D, Subpart 6);
5. Ensure that team members are in compliance with the medical requirements established in Minnesota Rules, Chapte
7514.0600, Subpart 7, and annually certify such compliance to the Commissioner (Minnesota Rules, Chapte�
7.i74.060Q Subpart 7);
6. Deploy team personnel and equipment to a hazardous materials incident within an average of fifreen Q 5) minutes from
the time the decision is made to dispatch the team (Minnesota Rules, Chapter 7514.0500). For purposes of the clause.
the decision to dispatch the team will be considered made at the time the CONTRACTOR'S point of contact fo;
purposes of dispatching the team, as identified in Appendix E, is notified by the STATE;
7. Ensure compliance with all other employer requirements established in Minnesota Rules, Chapter 7514.0600;
8. Conduct a formal evaluation of the team's response to each incident as required by Minnesota Rules, Chapte,
7514.1300;
9. Submit a detailed report of the team's response to an incident as required by Minnesota Rules, Chapter 7514.0900
Subpart 7, and take all appropriate measures to identify to the STATE the responsible person of each incident;
10. Designate a primary and one or more altemate representative(s) to the Hazardous Materials Regional Response Tean
Program Team Advisory Committee, who will make every reasonable attempt to attend meetinas of the committee anc
have the authoriry to make recommendations on behalf of the CONTRACTOR;
(SL Pau] Emergency Response Tean
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I l. Designate a primary and altemate representative who will receive training in applying the suggested operatine
guideiines and other administrative procedures of the Hazardous Materials Regional Itesponse Team Program,
provided by the Commissioner, as required by Minnesota Rules, Chapter 7514.0700, Subpart 2, and who wilt be
responsible for providin� that instruction 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 working order and ready for response at all times, except as may be necessar}
for the performance of routine or necessary maintenance, repairs or replacement. CONTRACTOR must immediatel�
notify 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 Commissioner as required by Minnesota Rules, Chapter 7514.1700:
Subparts 1 and 3, and tal:e all appropriate measures to identify to the STATE the responsible person for each incident
B. In addition when functioning as an Emergency Response Team, CONTRACTOR shall:
1. Maintain the minimum composition of team mem6ers required by Minnesota Rules, Chapter 7514.Q800;
2. Respon¢ to each incident as an Emergency Response Team with nine (9) pzrsons certified to the levels of hazardous
materials training required by Minnesota Rules, Chapter 7514.0800, Subpart 5;
3. 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. These emergency actions at the scene of a
hazardous materials incident include, but are not limited to, preventin� the release, mitigating the effects ofthe release.
and stabilizing the emergency situation (Minnesota Rules, Chapter 7514.0900, Subpmt 2}; and
4. 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 three (3) persons certified to the levels of hazardous materials training
required by Minnesota Rules, Chapter 7514.0800, Subpart 6;
C. In addition, when functioning as Chemical Assessment Team, CONTRACTOR shall:
1. Maintain the minimum composition of team members required by Minnesota Rules, Chapter 7514.0800;
2. Respond to each incident as a Chemical Assessment Team with three (3) persons certified to the levels of hazardous
materials training required by Minnesota Rules, Chapter 7514.0800, Subpart 6;
3. Respond to incidents and assist local authorities by providing technical advice to local incident wmmanders anc
recommending mitigation actions necessary to protect life, property and the environment that aze in keepin� with
locally available levels of hazardous materials training and response capabiliry (Minnesota Rules, Chapter 7514.0900,
Subpart 3); and
4. Respond to incidents in conjunction with an Emergency Response Team, to assess an incideni, develop and
recommend miti�ation strategies, and assist with response operations (Minnesota RuZes, Chapter 7514.0900, Subparr
4).
II. CONSIDERATION AND TERMS OF PAYMENT
A. Consideration for all services performed and goods or materials supplied by CONTRACTOR pursuant to this contract shall b�
paid by the STATE as follows;
1. CONTRACTOR's Compensation. CONTRACTOR shall be paid by the STAT'E for the following costs associated
a. Capital equipment - cost of capital equipment including vehicles;
Not to exceed $28,500.00 beginning 3uly 1, 1997 ttv June 30, 1998
(St.Paul EmergencyResponse7ean
Pa�e =
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Not to exceed $28,500.00 beginning July 1, 1998 through 3une 30, 1999
b. Training - Annual cost of trainina team personnel (excluding exezcise training);
Not to exceed 553,000.00 beginning July 1, 1997 through June 30 1998
Not to exceed 553,000.00 beginning July I, ] 998 through June 30, 1999
Trainin� - Annual cost of exercise training;
Not to exceed 56,000.00 beginning July 1, 1997 throu�h June 30. 1998
Not to exceed $6,000.00 beginning July 1, 1998 through June 30, ] 999
c. Medical Examinations - Cost of annual medical examinations for team personnel;
Not to exceed $5,000.00 beginning July 1, 1997 through June 30, 1998
Not to exeeed $5,000.00 beginning July 1, 1998 through June 30, 1999
d. Consumable Supp!ies - Initial cost of consumable supplies;
Not to exceed $10,5QQ.00 beginning July 1, 1997 through June 30, 1998
Not to exceed $10,500.00 beginning July 1, 1998 through June 30, 1999
e. Administration - Program administration wsts;
Not to exceed $I5,000.00 beginning Juty 1, 1997 throu�h June 30, 1998
Not to exceed $15,000.00 beginning 7uly 1, 1998 through June 30, ]999
£ Maintenance - Equipment maintenance costs;
__ __ _.__ ___ . Not to exceed $2,000.00 beginning July I, 1997 through June 30, 1998
Not to exceed $2,000.00 beginning July 1, 1998 ihrough 3une 30, ]999
2. CONTRACTOR may submit a revised hudget for any deviation of 20% os less between the funding categories liste<
above during each state fiscal year ofthis contract (See Clause II, Section A, Item 5). However, the revised budget mus
be approved by the STATE'S authorized agents before any expenditures may be made based on the revised budget. An}
deviation greater than 20% between the funding categories listed above durin� each state fiscal year of this contrac
(See Clause II, Section A, Item 5) will require an amendment to this Ag;eement. No deviations between fundin_
categories shall exceed the total dollar amount authorized far each fiscal year of this contract.
3. Emergency Response Compensation. CONTRACTOR shall be reimbursed by the STATE for the reasonable ana
necessary costs associated with an actual response as follows:
a. Team Personnel Costs;
$56.51 per hour, or fraction thereof, per person, including wages and fringe benefits
Team personnel costs are valid through December 31,199Z Team personnel cosu beginning January I, 199€
through June 30, 1944 will increase in accordance with the neeotiated wage and benefit increases z
established in the City of St. Paul and Intemation Association of Fire Fighters Local # 21 wllective bargainin_
agreement.
b. Additional Wage Costs for Local Callback Personnel;
$27.74 per hour, or fraction thereof, per person, including wages and fringe benefits
Team personnel costs aze valid through December 31,1997. Team personnel costs beginning Janaury 1, 199:
through June 30, 1999 will increase in accordance with the ne�otiated wage and benefit increases a
(St.Paui EmergencyResponseTean
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established in the City of St. Paul and Intemational Association of Fire Fighters Local k 21 collective
bazgaining agreement.
c.
Vehicle Operatin� Cosu;
Chemical Assessment Team:
Emergency Response Team:
$40.00 per hour, or fraction thereof, for the St. Paul Fire Departmen,
HazMat Unit I and State Chemical Assessment Team trailer.
$90.00 per hour, or fraction thereof, for the State Emer�ency Response
Team vehicle.
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 actua] costs incuned. If costs exceed �500.00, the
STATE may request competitive bids or quotes prior to the repair or replacement of equipment
CONTRACTORS, who aze municipa3ities, must comply with municipal bidding laws.
f. Communications Costs;
CONTRACTOR will submit an itemized invoice for actual costs incurred. Eligible costs are defined as
cellular and land line telephone costs for voice, data, or facsimile ttansmissions.
g. Administrative Costs Directly Resulting from the Emergency Response;
Up to $275.�0 per State authorized emergency response. CONTRACTOR may request additiona'
administrative wst compensation, based on an itemized invoice for actual costs incurred, when extraordinan
circumstances resu]ting from a specific State authorized emergency response aze documented.
4.
5.
h. Costs Incurned in the use of Special Equipment as provided in Minnesota Rules, Chapter 7514.1200;
i. Costs Incurred in the use of Special Technical Assistance as provided i� Minnesota Rules, Chapte�
7514.120Q;
j. Costs Associated with Providing Support to Cleanup Operations when Requested in Accordance with
Minnesota Rules, Chapter 7514.090Q 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.
Costs incurred under Clause II, Section A, Item 3 of this Agreement for any single response by CONTRACTOR ma�
not exceed Five Thousand dollars ($5,000.00), unless authorized by the STATE.
All necessary and reasonable costs associated with a state authorized emergency response to a hazazdous material�
incident, incurred by CONTRACTOR and authorized by the STATE, will be bilied by the STATE to the responsible
person, and managed by the STATE through a sepazate revolving account for such incidents. CONTRACTOR a�ree:
that the STATE subrogates to the rights of the CONTRACTOR against the responsible person as defined in Minnesote
Statutes 299A.52.
The total obligation of the STATE for all compensation to CONTRACTOR incuned under Clause II, Section A, lten
1, of this Agreement, shall not exceed One Hundred Twenty Thousand dollars ($120,000.00) from July 1, 199%
through June 30, 1998, and One Hundred Twenty Thousand dollazs ($120,000.00) from July 1, 1998 through 7une 30
(St. Paui Bmergency Response 7eam
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1999. Funds not expended by CONTRACTOR during any single State fiscal yearmay be carried over into a subsequent
State fiscal year.
B. Terms of Pavment
1. Payment shall be made by the STATE promptly after CONTRACTOR's presentation of invoices for services
performed and acceptance of such servicesby the STATE'S authorized agents pursuant to Clause VI. Invoices sha�
be submitted in a form prescribed by the STATE and according to the following schedule:
CONTRACTOR's Compensation. CONTRACTOR shall submit a completed CONTRACTOR's Compensatior.
Reimbursement Packet monthly or quarterly for reimbursement of cosu identified in C3ause IS, Section A, Items 1 anc
2 of this Agreement. The STATE will process completed Reimbursement Packe[s for compensation within thirty (30�
days ofreceipt. The total amount ofreimbursement pertaining to Clause II, Section A, Items I and 2 ofthis A�reemen�
shall not exceed the limits of this contract.
Emergency Response Compensation. CONTRACTOR is responsible for submitting a claim for reimbursement for the
reasonable and necessary costs associated with a STATE authorized emergency response to a hazardous materials
incident within 45 days of the termination of the response. The claim for reimbursement must be made on STATE
provided forms and must detail the reasonable and necessary costs of the response as provided in Clause 11, Section A
Item 3. The STATE will process completed forms for reimbursement within thir[y (30) days of receipt. The tota
amount of reimbursement pertaining to Clause II, Section A, Item 3 ofthis agreement shall not exceed the ]imits of this
contract.
2. No more than ninery (90%) percent of the CONTRACTOR's compensation due under this contract shall be paid unti:
the final products of the contact have been reviewzd by the a�ency head (or the individual who executed the contrac
for the agency) entering into the contract and the agency head (or the individual who executed the contract for the
agency) has determined that the contractor has satisfactorily fulfilled all the terms of the contnct.
III. CONDITIONS OF PAYMENT. All services provided by CONTRACTOR pursuant to this connact shall be performed to the satisfactior
of the STATE and in accardance with al1 applicable federal, state, and Iocal laws, ordinances, rules, and regulations. CONTRACTOR
shall not receive payment for work found by the STATE to be performed in violation of federal, state or local law, ordinance, rule oi
regulation.
Lack of Appropriation: Continuation of this contract is contingent upon continued legislative appropriation of funds for the purpose e
this contract. If these funds are not appropriated, the STATr, will immediately notify CONTRACTOR in writing and the contract wili
terminate.
IV. TERMS OF CONTRACT. This contract shall be effective on July 1, 1997, or upon the date that the last sigriature is obtained by the
STATE, pursuant to Minnesota Statutes 16B.06, Subd.2, whichever occurs later, and shall remain in effect untii June 30, 1999, or unti
ali obli�ations set forth in this contract have been satisfactorily fulfilled, whichever occurs first. CONTRACTOR L7NDERSTANDS
THAT NO WORK SHOULD BEGIN UNDER THIS CONTRACT UNTIL ALL REQUIRED SIGNATURE5 HAVE BEEr
OBTAINED, AND CONTRACTOR IS NOTIFIED TO BECsIN WORK BY THE STATE'S AUTHORIZED AGENTS.
V. CANCELLATION.
A. Cancellation by STATS This contract may be cancelled by the STAT'E at any time, with or without cause, upon thirty (30) days
written notice to the CONTRACTOR.
1. In the event of such a cancellation for cause, CONTRACTOR shail refund to the STATE a pro rata amount of the
conuact and funds received by CONTRACTOR for compensation in accordance with Clause II., Section A., Items 1
and 2. CONTRACTORS who have satisfied the requirements of 7514.0600 prior to the date of canceilation shall nc
be subject to the pro rata refund provision contained in this clause.
2. In the event of such a cancellation, CONTRACTOR shall be entitled to paycnent of CONTRACTOR's Emergenc}
Response Compensation in accordance with Clause II, Section A, Item 3, incurred under this Agreement as the resui
of a state authorized emergency response to a hazardous materials incident, for services performed until the effectiv�
date of cancellation.
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B. Cancellation by CONTRACTOR. This conhact may be cancelled by CONTRACTOR at any time, with or without cause, upon
❑inety (90) days written notice to the STATE.
In the event of such a cancelVation, CONTRACTOR shall refund to the STATE a pro rata amount of the contract and
funds received by CONTRACTOR for compensation in accordance with Clause II., Section A., Items 1 and 2.
CONTRACTORS who have satisfied the requirements of 7514.0600 prior to the date of cancellation shall not be
subject to the pro rata refund provision contained in this clause.
2. In the event of such a cancellation, CONTRACTOR shall be entitled to payment of CONTRACTOR's Emer�ency
Response Compensation in accordance with Clause II, Section A, Item 3, incurred under this Agreement as the result
of a state authorized emer�ency response to a hazardous materials incident, for services performed until the effective
date of cancellation.
VI. AUTHORIZED AGENT(S). The STATE'S authorized agerits for the purposes of adminisvation of this contract are the State Fire
Marshal and Director of the Minnesota Division of Emergency Mana�ement, or their desi�nees. Such agents shall have final authority
for acceptance of CONTRACTOR'S services and if such services are accepted as satisfactory, shall so certify on each iavoice submitted
pursuant to Clause II, Section B.
CONTRACTOR's authorized agent for the purposes of administration of this contract is Timothy K. Fuller, Fire Chief, City of St. Paul
Department of Fire and Safety Services, 100 East Eleventh Street, St. Paul, Minnesota, 55101.
VII. ASSIGNMENT. CONTRACTOA shall neither assi�n nor transfer any rights or ob]igations under this contract without the prior written
consent of the STATE.
VIII, AMENDMENTS. Any amendments to this contract shall be in writin� and dated, and shall be exewted by the same parties who executed
the original contract, or their successors in office.
IX. LIABILITY. CONTRACTOR agrees to indemnify, save and hold harmless the STATE, its a�ents and employees from any and alt claims
or causes of action, including all reasonable attomey's fees incurred by the STATE, arisin� from the performance of this contract by
CONTRACTOR or CONTRACTOR's agents or employees. Except, in accordance with the provisions of Minnesota Statutes, Chapter
299A.51, Subdivision I and Minnesota Rules, Chapter 7514.2000, during operations authorized under Section 299A.50,
CONTRACTOR's employees operating outside their geographic jurisdiction as deFned in Clause XVI, Item D of this contract are
employees of the Department of Public Safety for purposes of Section 3.736. Coverage is initiated once the team is activated by the
STATE for operations authorized by the STATE, and the team is outside its geographic jurisdiction. 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.
X. STATE AUDITS. The books, records, dowments, and accounting procedures and practices of the CONTRACTOR relevant to this
contract shall be subject to examination by the contracting department and the Legislative Auditor.
XI. DATA PRACTICES
A. The CONTRACTOR agrees to comply with the Minnesota Data Practices Act as it applies to all data created, gathered or
acquired in accordance with this contract.
B. Any publicity given the program, publications or services provided resulting from this contract including, but not limited to,
notices, informational pamphlets, press releases, reseazch 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
shalt not be released prior to approval by the STATE's authorized agents, 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.
XII. AFFIRMATIVE ACTION. (When this contract is in excess of $50,000) CONTRACTOR certifies that it has received a certificate of
compliance from the commissioner of Human Rights puxsuant to Minnesota Statues, Section 363.073, and, it is hereby agreed between
the parties that Minnesota Statutes, Section 363.073, and Minnesota Rules, Parts 50003400 to 50003600 aze incorporated into this
contract by reference. A copy of Minnesota Stamtes 363.073, and Minnesota Rules, Part 50003400 to 50003600 is available upon
request from the STATE, or the Minnesota Department of Human Rights.
(St. Paul Emergency Response Team?
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XIII. WORKERS' COMPENSATION. CONTRACTOR certifies that it has complied with the workers' compensation insurance coverage
requirement of Minnesota Statutes, Section 176.181, subdivision 2.
Except, in accordance with the provisions of Minnesota Stamtes, Chapter 299A.51, Subdivision 2, durin� operations authorized under
section 299A.50, CON'I'RACTOR's employees operating outside their geo�raphic jurisdiction as defined in Clause XVI, Item D of this
contract are employees of the Department of Public Safety for purposes of Chapter 176. Covera�e is initiated once the team is activated
by the STATE, for operations authorized by the STATE, and the team is outside its geographic jurisdiction.
XIV. ANTITRUST. CONTRACTOR hereby assigns to the State of Minnesota any and al] claims for over charges as to goods and/or services
provided in connection with this contract resulting from antitrust violations which arise under the antitrust laws of the United States and
the ancitrust laws of the State of Minnesota.
XV. JURISDICTION AND VENUE. This contract, and amendmenu a�d supplements thereto, sha11 be govemed by the laws of the State of
Minnesota. Venue for all legal proceedings arising out of this contract, or breach thereof, shall be in the state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
XVI. OTHER PROVISIONS. (All Appendices A throuah G are hereby incorporated and made a part of this agreement.)
A. The STATE reserves the right, with the CONTRACTOR's approval, to extend this contract for up to an additional one and one-
half (1 1/2) years, in a minimum of one (1) year increments, from the expiration date of this contract.
B. Primary Response Area Boundaries: For purposes of Clause I, CONTRACTOR's primary response area boundaries are
established as described in Appendix A:
C. Secondary Response Area Boundaries: For purposes of Clause I, CONTRACTORs secondary response area boundaries are
established as described in Appendix B:
D. CONTRACTOR's Geo�raphic Jurisdiction: For purposes of Clauses iX and Xlll, CONTRACTOR's normal geoaraphic
jurisdiction is established as described in Appendix C:
E. STATE owned Vehicles, Trailers and Equipment Loaned to CONTRACTOR: STATE agrees to loan to CONTRACTOR the
hazazdous materials emergency response vehicles and equipment identified in Appendix D, in accordance with the following
terms and conditions:
1. CONTRACTOR may nse and have possession of the vehicles, trailers and equipment identified in Appendix D.
2. The STATE shal] retain title and legal ownership of loaned vehicles, trailers and equipment identified in Appendix
D, and provide for their replacement.
3. The STATE shall, upon request of CONTRACTOR, train at least one person designated by CONTRf�CTOR in the
proper handling, use and maintenance of the vehicles, trailers and equipment identified in Appendix D. The
STA1'E shall provide this training to CONTRACTOR'S personnel without cost, other than travel and related
expenses.
4. The STATE shall maintain all necessary inventory conh�ol records on the vehicles, mailers and equipment identi-
fied in Appendix D.
5. The STATE shall administer any manufacturer's warranry claims which may result during CONTRACTOR'S use
of the vehicies, Vailers and equiQment identified in Appendix D.
6. The STATE will provi@e CONTRACTOR with technical assistance as necessary regazdin� the proper handling,
use and maintenance of the vehicles, trailers and equipment identified in Appendix D.
7. CONTRACTOR shall keep and maintain the vehicles, trailers and equipment in proper operating condition.
8. CONTRACTOR shall resupply all disposable, expired and consumable components originally provided by the
STATE, and shall supply any other necessary disposable and consumable components not provided by STATE, at
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CONTRACTOR's expense.
��-��`I
9. CONTRACTOR shall be responsible for the cost of repairing or replacina vehicles, trailers and equipment which
have been lost, or 3n the opinion of the STATE, has been damaged due to abuse, misuse, or other cause outside the
scope of normal wear and tear incurred in routine proper use. The STATE shall determine whether the vehicles,
trailers and equipment shall be repaired or replaced.
10. CONTRACTOR shall be responsible for the costs of routine maintenance and repair in accordance with the
manufacturer's recommendations.
11. CONTRACTOR shall retum the vehicles, trailers and equipmert identified in Appendix D to the STATE upon
termination, exp'vation, or cancellation of the contract. All such items to be delivered or shipped to the STATE,
postage and hand(ing charges prepaid by CONTRACTOR.
12. CONTRACTOR shall not permit the vehicles, trailers and equipment to be tampered with or operated by individu-
als who are not trained in their proper handling and operation.
]3. CONTRAC'3'OR 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. CONTRACTOR shall bear the cost of any travel and
related expenses incurred by any person attending training.
14. The person(s) trained by the STATE in the proper use, handling and maintenance of the vehicles, trailers and
equipment shall provide that training to CONTRACTOR'S team members and other appropriate personnel.
] 5. CONTRACTOR shall make the vehicles, trailers and equipment avaiVable to personnel authorized by the STATE
when required for inventory or inspection purposes.
16. CONTRACTOR may make the decontamination shelter system and related equipment available to personnel
authorized by the STATE in order to facilitate training to other public safety agencies and personnel in its proper
handling, use and maintenance. CONTRACTOR is not requued by this contract to provide such training outsida _
of CONTRACTOR's own employees, but may do so at CONTRACTOR's discretion. (Note: Whenever equipment
is out of service CONTRACTOR must immediately notify the STATE.)
17. CONTRACTOR agrees to provide secure heated storage for vehicles, trailers and equipment identified in
Appendix D.
18. Insurance: CONTRACTOR agrees to provide the STATE a certificate(s) of_ insurance, or a siatement of self-
insunnce, naming the STATE as an additional insured under the policy(s) prior to the execution of this contract,
for the following coverage:
a. STATE Owned Vehicles and Trailers Loaned to CONTTtACTOR:
1) Automobile Physical Damage: CONTRACTOR agrees to provide automobile physical damage
(comprehensive and collision) covera�e on all vehicles loaned to CONTRACTOR by the STATE;
and,
2) Automobile Liabiliry (Nan-govemmental Entities): CONTRACTOR agrees to provide
automobile liability coverage, including hired and non-owned automobiles, of not less that $ I.0
million dollars combined single limit on all vehicles loaned to CONTRACTOR by the STATE;
or
3) Automobile Liability (Governmental Entities): CONTRACTOR agrees to provide automobile
liability coverage on al] vehides loaned to CONTRACTOR by the STATE. The limits of liability
for such coverage must be $20Q000 for bodily injury and property damage per person, and
$600,000 bodily injury and property damage per occunence.
b. CONTRACTOR Owned Vehides and Trailers:
(St. Paul Emergency Response Team)
Page 8
������
1) Automobi(e Liabitity (Non-governmental Entities): CONTRACTOR a�rees to provide
automobile liabi}ity coverage, includin� hired and non-owned automobiles, ofnot less than $].0
million dollars combined single limit on all CONTRACTOR owned or leased vehicles; or
2) Automobile Liabiliry (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 5200,000 for bodily injury and property dama�e per person, and s�600,000
bodily injury and property damage per occurrence.
c. STATE Owned Equipment Loaned to CONTRACTOR: CONTRACTOR agrees to provide "All Risk"
property floater insurance, or equivalent self-insurance, which provides replacement cost covera�e on all
STAT'E owned property loaned to CONTRACTOR by the STATE.
d. CONTRACTOR may recover the cost of such insurance from the STATE in accordance with Clause II,
Section A, Item le, ofthis A�reement.
Reporting Requirements - Annual 1 Semi-Annual:
In addition to the report required by Clause I, Section A, Item 9 of this Agreement, CONTRACTOR aarees to provide the
STATE with the followin� reports:
1. Annual Report: Not later than January 30 of each year, CONTRACTOR agrees to submit an annual 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 requirements of Minnesota Rules.
Chapter 7514.0600;
b. Certification that team members meet the medicai requirements of Code of Federal Regulations, Title 29.
Section 1910.120;
c. A detailed inventory of al] hazardous materials vehicles, equipment, and supplies loaned to CONTRACTOR
by the STATE, and owned by CONTRACTOR;
d. A list of team training activities including exercises, whether conducted by CONTRACTOR or another
jurisdiction, in which CONTRACTOR participated;
e. A cunent roster of team personnel which identifies each member's level of hazardous materials training; and
f. Any recommendations for enhancement or improvement of the regional response team proaram.
2. Semi-Annual Report: Not later than July 31 of each year, CONTRACTOR a�rees to submit a semiannual report to the
STATE which, at a minimum, contain the following information for the preceding six (6) month period:
a. A list of team training activities including exercises, whether conducted by CONTRACTOR or another
jurisdiction, in which CONTRACTOR participated;
b. A current roster of team personnel which identifies each member's level of hazardous materials training;
c. A detailed inventory of all hazardous materials vehicles, equipment and supplies loaned to CONTRACTOF.
by the STATE and owned by CONTRACTOR; and
d. Any recommendations for enhancement or improvement of the regional response team progran.
G. Point of Contact for Team Dispatching: CONTRACTOR agrees to maintain a single point of contact which will be used by the
STATE to dispatch CONTRACTOR. CONTRACTOR's single point of contact is established as identified in Appendix E.
(S[_ Paul Emergency Response Tean
Pa�e S
� ` �`'�
H. For purposes of this Agreement, the designees of the STATE'S Authorized A�ents are included as Appendix F of the
Agreement.
H. Forpurposes ofthis Agreement, CONTRACTOR's primary and alternate representative(s) to the Hazardous Materials Re�ional
Response Team Pro�ram Team Advisory Committee are included as Appendix G of the Agreement.
J. This instrument embodies the whole a�reement 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 a�reemenu,
either verbal or written, berv✓een the parties.
K. The failure of one party to enforce any provision of this Agreement shall not constitute a waiver by that party of that or any other
provision.
(SL Paul Emergenry Response Team
Page 10
APPENDIX A
Description of CONTRACTOR'S Primary Response Area
CONTRACTOR'S Primary Response Area is described as follows:
�'� _� 4 `�
As an Emergency Response Team, the entire Minnesota counties of Anoka, Benton, Carver, Chisago, Dakota, Hennepin, Isanti,
Kandiyohi, McLeod, Meeker, Ramsey, Renville, Scott, Sherburne, Sibley, Steams, Washina on, and Wright. In Mille Lacs County,
that area south of State Highway 23 and United States Highway 169 (inclusive) west.
As a Chemical Assessment Team, the entire Minnesota counties of Dakota and Washina on. In Ramsey County, all areas except the
City of Mounds V iew.
(St. Paul Emergency Response Team)
Page 1l
APPENDIX B
Description of CONTRACTOR'S Secondary Response Area
CONTRACTOR'S Secondary Response Area is described as follows:
The entire state of Minnesota not identified as the CO�ITRACTOR'S Primary Response Area in Appendix A.
R�-��`�
(St.Paul EmergenryRespOnse7'eam
Page 12
APPENDIX C a t ' ( � �
Description of CONTRACTOR'S Normal Geo�raphic Jurisdiction
CONTRACTOR'S normal geographic jurisdiction is described as follows:
For purposes of this a3eement, CONTRACTOR'S normal geoaraphic jurisdiction is the corporate limits of the City of St. Paul.
(St. Paul Emergency Response Tearr
Page l:
ITEM
APPENDIX D
List of STATE Owned Vehicles, Trailers and Equipment L,oaned to CONTRACTOR
Reference Material
ACGIH Threshold Limit Values and Biological Exposure Indices
Agricultural Chemicals Book - Volumes 1 throu�h 4
A�riculturnl Directory and Hazard Response Handbook
Association of American Railroads Emergency Action Guides
Association of American Railroads Tank Car Manual
CHR1S Hazardous Chemical Data Manua1
Comprehensive Guide to Hazardous Properties ofChemical Substances
Crop Protection Chemical Reference
DOT Emer�ency Response Guidebook
Emergency Care for Hazardous Materials Exposure
Emer�ency Handlin� of HazaTdous Materials in Surface Transportation
Farm Chemicals Handbook
Firefighter's Handbook of Hazardous Materials
Firefighter's Hazazdous Materials Reference Book and Index
General American Tank Car Company (GATX) Tank Car Manual
C,uidebook for the Safe Cise of Hazardous Ag. Farm Chemicals & Pesticides
Handbook of Compressed Gases
Hawley's Condensed Chemical Dictionary
Hazardous Chemicals Desk Reference
Hazardous Materials Exposure: Emergency Response and Patient Care
Hazardous Materiais Injuries: A Handbook for Pre-Hospital Care
NFPA Fire Protection Guide on Hazardous Materials
NIOSH Pocket Guide tn Chemical Hazards
SAX's Dangerous Properties of Industrial Materials
Symbol Seekers
The Pesticide Book
Huardous Materials Regional Response Team Program Suggested Operating
Guidelines and Administrative Procedures Manual
Decontamination Equipment
Astro Turf Mats
Brushes, SoR Bristle Long Handle
Decontamination Sheiter System (Components)
Air Bottle Regulator
Hot Water Heater
Disposable Poo!
Garden Hose, 25 ft. sections wdth Connector
Heaters
Multiple Shelter Connecting Unit
Pressure Control Unit
Shelter, Compartmentalized
Shelter, Open Interior
Shower, Iruide
Shower, Outside
Spray Wand
TentStakes
Caz Wash Brushes with Gazden Hose Connection
Patay Diaphragm Pump, with Hoses and 1 Extra Set Nitril Diaphragms
Steel Salvage Drum, 30 gal
CAT QUANTITY
1
1
1
I
1
1
I
1
1
1
1
1
1
1
1
1
1
I
1
1
1
1
1
1
I
1
3
3
I
1
4
2
2
i
2
]
1
1
1
1
16
2
1
3
a�_��`�
ERT QUANTITY
7
1
1
1
1
1
I
1
1
1
1
1
1
1
1
]
1
I
1
1
1
1
-1
1
1
1
(St. Paut Emergency Response Team;
Page 14
Emer�ency Eyewash Kit, Saline Solution
Folding Chairs or Stools
Foldina Table, 72" x 30"
Folding Table, 60" x 30"
Foot Stools/Step - Plastic
Li�htin� System - Flood, with Generator (6K)
Personal Protective Equipment
MSA Ultra Twin Air Purifyin� Respirators, with 30 GME-H Canisters
Air Purifying Respirator Fit Test Kit
Air Purifyina Respirator Fit Test Tent
Chemical Resutant Boou , ElecROStatic D'usipatin�
Gloves, Assorted Materia]s - Buryl, Neoprene, Niuile, PVC, Viton, Kevlar
Neoprene/Niirile
Silver Shield / 4-H
PVC 1 Nitrile
Viton
Kevtar
Sol-V¢x Nitril
Goggles
Hard Hats / Rescue Helmets
Leve] A Kappler Reflector Encapsulating Suits
Level A Kappler Responder Plus Encapsulating Suits
Level B Kappler Responder Encapsulating Suits
Level B Kappler CPF 3 Non-Encapsulating Suits
Level B Kappler CPF 2 Non-Encapsulating Suits
Level C Kapler Disposable Suits
Level A Training Suits
Suit Test Kit
Vinyl Gloves
Kappler Computerized�Chemical Permeation Suit Selection Guide
Leak Control Supplies and Equipment
Air Bag System
Bonding and Grounding Equipment
Chlorine "A" Kit
Chlorine "B" Kit
Chlorine °C' Kit
Dome Cover Clamps
Drum Repair Kir
Drum Upender
Pipe Repair Kit
Sulfur Dioxide Gasket Kit
Radio and Other Communications Equipment
Cellular Phone, Dual Nam
Cetlular Phone/Far System
Mobile Radio - 100 watt
Portable Radio - 5 watt
Portable Radio - 5 watt Intrinsically Safe
Portable Radio Gana Charger
Portable Radio Single Charber
Portable Radio Spare Batteries
In-Suit Communications Equipment
Computer EquiQmendSoftware
]
6
1
1
2
I
6
I
1
12 pr.
12 pr
12 pr.
12 pr.
12 pr.
12 pr.
24 pr.
6 pr.
6
2
4
4
20
24
1 cs.
2
I
2 bxs.
1
1
I set
1
i
1
1
3
I
1
3
1 set
�j'1- `1 C �-�
12 pr.
12 pr.
24 pr.
12 pr.
12 pr.
12 pr.
24 pr.
9 pr.
9
4
8
9
12
1 cs.
4
1
I
1
1
1 set
1
1
1
1
1
1
5
3
2
1
8
2 sets
(St. Paul Emergency Response Tearr
Pa�e li
ALOHA SoRware
ARCHIE Software
CAMEO Windows and Supporting Maps
IBM Compatible PC, Printer and Modem
Monitoring and Detection Equipment
Air Sampling System
SpilFyter Kit
HazCat Kit
Colorimetric Detection Tube Kit
Dosimeters
Draeger CMS Kit
Drum Samp]er - Coliwasas Tubes
4 Gas Monitor
4 Gas Monitor Calibration Gas Kit
Toxic Gas Monitor
Toxic Gas Monitor Calibration Gas Kit
Radiological Monitor - Victoreen
Radiological Monitors - Civil Defense
WeatherPak Meteoro]ogical Station
Basic Suppression Equipment
Polar/Non-Polar Foam (100 gal.)
Class D Powder
Foam Eductor
Foam Application Noule - ATFF / ATC
Foam Application Nozzle - 20:1
Mitigation Supplies
Citric Acid, 30 gals.
Soda Ash, 401b. ba�s
Spill-X Acid Neutralizer, 5 gal.
Spil]-X Caustic Neutralizer, 5 gal.
Spill Containment Supplies and Equipment
Absorbent Booms/Pads/Pillows
Containment Boom - 75 ft.
Drysorb Type Absorbent, 401b.
Lab Packs
Magic Sorb, 25 Ib. bags
Plug-N-Dike ! Bentonite Clay, 5 aal. pail
Poly Overpack Drum, 95 gal.
Poly Overpack Drum, 65 gal.
Spilstopper Drain Cover Mat
Steel Salvage Drum, 85 gal.
Steel Salvage Drum, 55 gal.
Steel Salvage Drum, 30 gal.
Steel Salvage Dmm, 15 gal.
Steel Salvage Drum, 8 gat.
Two Wheel Drum Truck
Assorted Non-Sparking and Hand Tools
Crescent Wrench, 12 "
Dead Blow Hammer
Drum Bung Wrench
Mallet, Wood
Mal]et, Rubber
1
1
1
1
I
1
1
I
3
1
3
1
1
1
I
1
2
1
I
1
]
1
1
- - - - — — 1 - -
3
i
1
1 set
1
4
1 set
2
1
1
I
1
1
1
1
1
I
1
1
�t,�1-�(� `-�
I
I
1
1
1
1
1
1
1
I
1
1
(St. Paul Ertecgency Response Team
Page 16
a -� -� �y
Non-sparking Scoop Shovels
Non-spazkin� Square Nose Shovels
Pinch Bar, 18"
Pipe Wrench, 24"
Pipe Wrench, 36"
Scraper
Screw Driver, Strai�ht Tip
Steel Spade Shovels
Taol Box
2
2
4
2
2
1
2
2
7
1
4
1
Basic First Aid Supplies
Blood Pressure Cuff
Disposable Bag Mask Resuscitator
Disposable Oxygen Administration Mask and Tubing Sets
Emergency Medical Trauma / Medical Kit and Supplies
Portable Demand Valve Resuscitator, wiryh Spare "D" Cylinder
Portable Suction Device
Stethoscope
Incident Management and Administrative Supplies and Equipment
ICS Vest System
Vehicle and Trailer
16 Foot Pace American Hazardous Materials Equipment Trailer and Components
Electric Trailer Jack
Emergency Light Warning System
Metal Shelving
Propane Boitles, 90 Ib
Emergency Response Vehicle
Electric Cord Ree1s with 50'Cord __. --___- --
Emergency Light Warning System
Fire Hose, 300' 1 3!4"
Flood Lights - Permanenet Mount
Flaod Lights - Tripod
Nose Adaptors, 2 I/2" to 1 3/4"
Refrigerator
RoofLadder, 12'
Siren System
Step Ladder - Fiberglass, 6'
StrearnLite Hand Lanterns
Whee1 Chocks
White Board
_ 2
_ 2
- I set
_ �
_ �
_ i
_ z
1 1
1
1
1
2
2
1
2
1
1
1
2
2
1
1
1
I
4
2 sets
I
(St. Paul Emergenty Respon5e Team
Pa�e 1 i
APPEtSDIX E
Description of CONTRACTOR'S Single Point of Contact for Team Dispatchin�
CONTRACTOR'S single point of contact for purposes of team dispatching is described as fol]ows:
��,���
For purposes of this agreement, CONTR.�tCTOR'S single point of contact for purposes of tezm dispatching is located at the St. Paul
Depamnent of Fire and Safety Services, Emergency Communications Cener, 100 East Eleventh Street, St. Paui, Minnesota, 5� ] O1.
The 24 hour emergency telephone number for puposes of team dispatching is (612) 228-6289.
The non-emergency telephone number is (612) 224-7374.
The person responsible for operation of CONTRACTOR'S single point of contact is Tim Butler, Fire Communications Chief, City of
St. Paul Department of Fire and Safety Services, ]00 East Eleventh Street, St. Paul, Minnesota, 55101.
(St. Paul Emergency Response Teaml
Page ]8
APPENDIX F
List of Designees of the STATE'S Authorized A�ents
STATE'S Authorized Agents:
Thomas R. Brace
James D. Franklin
Desi�nees of STATE'S Authorized Agenu:
Bob Dahm
Ed Leier
Kevin Leuer
Authority of Desi�ees:
Clause II, Section A, Item 2
Clause II, Section A, ICem 4
Clause II, Section B, Item I
Clause XI, Section B
State Fire Marshal
Director - Division of Emer�ency Management
MN State Pire Mazshal Division
MN Division of Emergency Management
MN Aivision of Emergency Mana�ement
a � , � C�`�
Authorization to approve Contractor's Compensation budget deviations of 20% or ]ess.
Authorization to approve Emergency Response Compensation in excess of $5,000.00.
Authorization to approve invoices for Contractor's Compensation and Emergency
Response Compensation.
Authorization to approve publicity or publications prepared by or for the
CONTRACTOR.
The undersigned hereby delegate the authorities listed above to thase persons ]isted as Designees of STATE'S Authorized Agents
These authorities are delegated until revoked in writing.
Thomas R. Brace
Minnesota State Fire Mazshal
James D. Franklin
D'uector - Minnesota Division of Emergency Management
Date
Date
(SL Pau! Emergency Response Teaai
Page 19
APPENDIX G
List of CON'IRACTOR'S Primary and Altemate Respresentatives
to the Hazardous Materials Regional Response Team Program
Team Advisory Committee
�� -'1 � `�
CONTRACTOR'S primary and altemate respresentatives to the Hazardous Materials Regional Response Team Proaram Team Advisory
Committee aze as follows:
I. Prunary Representative
Floyd LeCuyer, Captain
St. Paul Fire Department
100 East Eleventh Street
St. Paul, Minnesota 55101
II. Alternate Representative(s)
Donato Bataglia, District Chief
St. Paul Fire Deparhnent
100 East Eleventh Street
St. Paul, Minnesota 55101
Christopher Cook, Captain
St. Paul Fire Department
100 East Eleventh Street
St. Paul, Mirmesota 55101
(St. Paul Emergency Response Team)
Page 20
n � L ��
IN WITNESS WHEREOF, the parties have caused this contract to be duly exewted intending to be bound thereby. �i J�
APPROVED:
By
� iJ�-�--�
Title
Director of Financial Services
Date �� � � � �
Director, Human Rights
2. STATE AGENCY:
By
Iitie
Date
As to form and execution by the
3. ATTORNEY GENERAL:
ay
TiHe
Da[e
4. COMMISSIONER OF ADMINISTRATION:
BY �
TiHe
Date
Distribution:
Agency - Original (fully executed) contract
Depamneni of Administration
Contractor
State Authorized Representative
(St. Paul Emergency Response Tearn �
Pa�e 22
1. CONTRACTOR:
CONTRACTOR certifies that the appropriate person(s) have
executed the contract on behalf of the CONTRACTOR as
required by applicable articles, by-laws, resolutions, or
ordinances.
Council File #
Presented By:
Referred To:
,
z
3
4
5
6
7
8
9
10
tt
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
3I
32
33
34
Requested by Department of:
Fire & Safety Services
B '�' -�. �
Appr al Recommended by Budget�Dire r:
B ,'Y�
,
Adopted by Council: Dat
Form ve b
Adoption Certified by Cou i Secretary:
By: ,
By: -
a � Q Approved by Mayor fi
Approved b a r ate ��
By: �
By:
Green Sheet #
)N __ .
MINNESOTA
Committee: Date
�����y
30025
RESOLVED, at th roper City officials are hereby authorized and directed to execute a hazardous
materials emerg cy response contract covering the time period July 1, 1997 through dune 30, 1999
with the State of Minnesota, Department of Public Safety as provided by Saint Paul's Department of
Fire & Safety Services; a copy of said agreement to be kept on file and of record in the Office of
Financial Services.
� -f� -9�
to council:
1
nsna�rngivrro� cornvca DATE IMIIATID a ��� ��e �
Fire&SafetyServices 6/13/97 GREEN SHEET NO. 30025
CONLACfPIIi50N&PHOME �1 DEPqR]MENfDIRFCLOH �4 Cf1YCpLJNCQ,
Asst. Fire Ctuef A1 Bataglia 228-6212 Q� cnv wrrou� Q cm c�.mx
MUSTBEONCOUNCQ.A(3a`IDABY(DA'f� � HSJD(�'LDIRECTOR � FIN.&MG�.SE2ViCFSDIR
�� MAYOR(ORA55lS[ANf) � CE�FACCOUNiAM'
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
cnox�i�rreo
Approval of the attached Council Resolution authorizing ihe Department of Fire & Safety Services to enter into a I�.azardous maTerials emergency
response contrac[ with the State of Minnesota, Depaztment of Public Safety covering the time period July 1, 1997 through June 30, 1999.
RECOMI.gt.`DA]IONS:npp.we(p)wRq«t([q PERSONALSERVICECONTRACISMUSTANSWERTHEFOLLOWINGQIJESTIONS:
PLANNINGCOMA9SSION _CR'Q.SERVICECOMI.fIS$ION 1.Huthispeaon/fumeverworkedunderacontractforthisdepamnem?
cm W�u'rs� _ YES NO
a_srt.ft' _ I 2. Has this person/Fum ever been a city employee?
DISIRIC[COURT _ YE$ NO
sueeox'rs wt¢Cti co[mcu, osmenve+ " 3. Does this persoNfimi possess a skill riot nolmalty possessed by arry cmrent city employee?
YES NO
(Ezplain all yes answers oo separete sLeet and attacL to green sheet)
INITfATINGPROHLEM, ISSIJE, OPPORNNI]Y (Who, lVLst, tVM1m, tVFerq Why):
The Minnesota Legislature has determined the need �ists for a system of regionally located Hazardous Materials Emergency Response Teams
to assist local authorities in protecting the public from the effec[s of a hazardous materials release. Saint Paul Fire is qualified and is able to
perform these needed services.
ADVANTAC�S IF APPROVED.
Additional revenues will be generated by the Saint Paul Fire Depar[ment.
DLSADVANTAGESIFAPPROVED:
None.
DISADVANiAGE$ OFNOTAPPROVED:
Loss of potential revenue for the City.
iOTALAMOUNTOFTRANSAGTION_ GYOOOO COST/AEVENUEBUDGECED(CR[CLEONE7 YFS NO
emvneresouxce nclivrrvrromeea GL-510-35110-4301
t �,am�
�,
STATE OF MINNESOTA
CONTT2ACTUAL (non-state employee) SERVICES
�� _'1 � `I
Accounting Distribution 1: Accounting Distribution 2: Accountin� Distribution 3:
Fund: / n /l Fund� Fund:
( fi (/
APPr � ', / f+PPr: Appr.
(i
Org/Sub: / � Org/Sub: Org/Sub:
�
Rept Catg: Aept Catg: Rept Catg:
Amount Q i� j� j�� � AmounC Amoun[:
t (J[J
Processing Information: (Some entries may not apply)
Requisition:
Contract:
Number/Date/Entry Initials
I�SumberlAatelEntry Initials
Solicitation:
Order:
Number/Date/Entry Initials
Number/Date/Signatures
/Individual signing certifies that funds have been
encumbered as required by Minn. Statl6A.I5J
NOTICE TO CONTRACTOR: You are required by Minnesota Statutes Section 270.66 to provide your social securiry number or Minnesota
tax identification number if you do business with the State of Minnesota. This information may be used in the enforcement of federal and
state ta�c laws. Supplying these numbers could result in action to require you to file state tax returns and pay delinquent state tax liabilities.
This contract will not be anproved uniess these numbers are nrovided. These numbers will be available to federal and state tax authorities
and state personnel invoolved in the payment of state obligations.
Conhactor Name and Address:
Ciry of St. Paul
Department of Fire and Safery Services
100 East Eleventh Street
St. Paul, Minnesota 55101
Soc. Sec. or Federal Employer I.D. No.: 41-6005521 Minnesota Tax I.D. No.: 80280995
THIS PAGE OF THE CONTRACT CONTAINSPRIVATE'INFORMATION.
EXCEPT AS DEFINED ABOVE, THIS PAGE SHOULD NOT BE REPRODUCED OR DISTRIBUTED WITHOUT EXPRESS
WRITTEN PEIYMISSION OF THE CONTRACTOR.
If you circulate this contract internatly, DO NOT include this page.
(StPaul EmergencyResponseTeam
CoverPage
Accounting Information: State Authorized Incidents set up in a separate allotment.
��1-��y
THIS CONTRACT, which s}rall be interpreted pursuant to the laws of the State of Minnesota, between the State of Minnesota, actin� throu�h it
peparhnent of Public Safety (hereinafrer STATE) and the City of St. Paul, Deparhnent of Fire and Safety Services, ]00 East Eleventh Street, St
Paul, Minnesota, 55101, (hereinafter CONTRACTOR), wimesseth that:
WHEREAS, the STATE, pursuant to Minnesota Statutes 15.061 and Minnesota Statutes 299A.50, Subdivision 2, is empowered to enter intc
contracts with other state departmenu and a�encies, local units of government, other states, Indian tribes, the federal government, or othe,
nonpublic persons to implement the provisions of Minnesota Rules, Chapter 7514, and
WHEREAS, the Minnesota Legislature has determined the need exisu for a system of re�ionally ]ocated Hazardous Materials Emergenc�
Response Teams and Hazardous Materials Chemical Assessment Teams to assist local authorities in protecting the public safety from the effect
of a hazardous materials release, and
WHEREAS, CONTRACTOR represenu that it is duly qualified and willing to perform the services set forth herein as a Hazardous MateriaL<
Emergency Response Team, including a Hazardous Materials Chemical Assessment Team.
NOW, THEREFORE, it is agreed:
I. CONTRACTOR'S DUTIES. CONTRACTOR, who is not a state employee, except as defined in Minnesota Statutes, Chapter 299A.51.
Subdivisions 1 and 2, sha1L
A. Be responsible for all terms, tasks and conditions assigned by Minnesota Statute, Chapter 299A.48 to 299A.52 and Minnesot�
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 whec
requested;
2. Respond to any response area in the state when directed to do so by the Commissioner of Public Safety (Minnesotc
Rules, Chapier 7�14.0900, Subpart 1);
3. Coordinate on-scene emergency response operations with local, state, and federal agencies, Indian tribes, and privatc
response organizations through the Minnesota Incident Management System (Minnesota Rules, Chapter 7514.I80Q
Subpart I);
4. Ensure that team members are in compliance with the initial, continuing education, and team training requirement
established in Minnesota Rules, Chapter 7514.0600, Subparts 1 to 4, and annually certify such compliance to the
Commissioner (Minnesota Rules, Chapter 7514.060D, Subpart 6);
5. Ensure that team members are in compliance with the medical requirements established in Minnesota Rules, Chapte
7514.0600, Subpart 7, and annually certify such compliance to the Commissioner (Minnesota Rules, Chapte�
7.i74.060Q Subpart 7);
6. Deploy team personnel and equipment to a hazardous materials incident within an average of fifreen Q 5) minutes from
the time the decision is made to dispatch the team (Minnesota Rules, Chapter 7514.0500). For purposes of the clause.
the decision to dispatch the team will be considered made at the time the CONTRACTOR'S point of contact fo;
purposes of dispatching the team, as identified in Appendix E, is notified by the STATE;
7. Ensure compliance with all other employer requirements established in Minnesota Rules, Chapter 7514.0600;
8. Conduct a formal evaluation of the team's response to each incident as required by Minnesota Rules, Chapte,
7514.1300;
9. Submit a detailed report of the team's response to an incident as required by Minnesota Rules, Chapter 7514.0900
Subpart 7, and take all appropriate measures to identify to the STATE the responsible person of each incident;
10. Designate a primary and one or more altemate representative(s) to the Hazardous Materials Regional Response Tean
Program Team Advisory Committee, who will make every reasonable attempt to attend meetinas of the committee anc
have the authoriry to make recommendations on behalf of the CONTRACTOR;
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I l. Designate a primary and altemate representative who will receive training in applying the suggested operatine
guideiines and other administrative procedures of the Hazardous Materials Regional Itesponse Team Program,
provided by the Commissioner, as required by Minnesota Rules, Chapter 7514.0700, Subpart 2, and who wilt be
responsible for providin� that instruction 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 working order and ready for response at all times, except as may be necessar}
for the performance of routine or necessary maintenance, repairs or replacement. CONTRACTOR must immediatel�
notify 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 Commissioner as required by Minnesota Rules, Chapter 7514.1700:
Subparts 1 and 3, and tal:e all appropriate measures to identify to the STATE the responsible person for each incident
B. In addition when functioning as an Emergency Response Team, CONTRACTOR shall:
1. Maintain the minimum composition of team mem6ers required by Minnesota Rules, Chapter 7514.Q800;
2. Respon¢ to each incident as an Emergency Response Team with nine (9) pzrsons certified to the levels of hazardous
materials training required by Minnesota Rules, Chapter 7514.0800, Subpart 5;
3. 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. These emergency actions at the scene of a
hazardous materials incident include, but are not limited to, preventin� the release, mitigating the effects ofthe release.
and stabilizing the emergency situation (Minnesota Rules, Chapter 7514.0900, Subpmt 2}; and
4. 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 three (3) persons certified to the levels of hazardous materials training
required by Minnesota Rules, Chapter 7514.0800, Subpart 6;
C. In addition, when functioning as Chemical Assessment Team, CONTRACTOR shall:
1. Maintain the minimum composition of team members required by Minnesota Rules, Chapter 7514.0800;
2. Respond to each incident as a Chemical Assessment Team with three (3) persons certified to the levels of hazardous
materials training required by Minnesota Rules, Chapter 7514.0800, Subpart 6;
3. Respond to incidents and assist local authorities by providing technical advice to local incident wmmanders anc
recommending mitigation actions necessary to protect life, property and the environment that aze in keepin� with
locally available levels of hazardous materials training and response capabiliry (Minnesota Rules, Chapter 7514.0900,
Subpart 3); and
4. Respond to incidents in conjunction with an Emergency Response Team, to assess an incideni, develop and
recommend miti�ation strategies, and assist with response operations (Minnesota RuZes, Chapter 7514.0900, Subparr
4).
II. CONSIDERATION AND TERMS OF PAYMENT
A. Consideration for all services performed and goods or materials supplied by CONTRACTOR pursuant to this contract shall b�
paid by the STATE as follows;
1. CONTRACTOR's Compensation. CONTRACTOR shall be paid by the STAT'E for the following costs associated
a. Capital equipment - cost of capital equipment including vehicles;
Not to exceed $28,500.00 beginning 3uly 1, 1997 ttv June 30, 1998
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Not to exceed $28,500.00 beginning July 1, 1998 through 3une 30, 1999
b. Training - Annual cost of trainina team personnel (excluding exezcise training);
Not to exceed 553,000.00 beginning July 1, 1997 through June 30 1998
Not to exceed 553,000.00 beginning July I, ] 998 through June 30, 1999
Trainin� - Annual cost of exercise training;
Not to exceed 56,000.00 beginning July 1, 1997 throu�h June 30. 1998
Not to exceed $6,000.00 beginning July 1, 1998 through June 30, ] 999
c. Medical Examinations - Cost of annual medical examinations for team personnel;
Not to exceed $5,000.00 beginning July 1, 1997 through June 30, 1998
Not to exeeed $5,000.00 beginning July 1, 1998 through June 30, 1999
d. Consumable Supp!ies - Initial cost of consumable supplies;
Not to exceed $10,5QQ.00 beginning July 1, 1997 through June 30, 1998
Not to exceed $10,500.00 beginning July 1, 1998 through June 30, 1999
e. Administration - Program administration wsts;
Not to exceed $I5,000.00 beginning Juty 1, 1997 throu�h June 30, 1998
Not to exceed $15,000.00 beginning 7uly 1, 1998 through June 30, ]999
£ Maintenance - Equipment maintenance costs;
__ __ _.__ ___ . Not to exceed $2,000.00 beginning July I, 1997 through June 30, 1998
Not to exceed $2,000.00 beginning July 1, 1998 ihrough 3une 30, ]999
2. CONTRACTOR may submit a revised hudget for any deviation of 20% os less between the funding categories liste<
above during each state fiscal year ofthis contract (See Clause II, Section A, Item 5). However, the revised budget mus
be approved by the STATE'S authorized agents before any expenditures may be made based on the revised budget. An}
deviation greater than 20% between the funding categories listed above durin� each state fiscal year of this contrac
(See Clause II, Section A, Item 5) will require an amendment to this Ag;eement. No deviations between fundin_
categories shall exceed the total dollar amount authorized far each fiscal year of this contract.
3. Emergency Response Compensation. CONTRACTOR shall be reimbursed by the STATE for the reasonable ana
necessary costs associated with an actual response as follows:
a. Team Personnel Costs;
$56.51 per hour, or fraction thereof, per person, including wages and fringe benefits
Team personnel costs are valid through December 31,199Z Team personnel cosu beginning January I, 199€
through June 30, 1944 will increase in accordance with the neeotiated wage and benefit increases z
established in the City of St. Paul and Intemation Association of Fire Fighters Local # 21 wllective bargainin_
agreement.
b. Additional Wage Costs for Local Callback Personnel;
$27.74 per hour, or fraction thereof, per person, including wages and fringe benefits
Team personnel costs aze valid through December 31,1997. Team personnel costs beginning Janaury 1, 199:
through June 30, 1999 will increase in accordance with the ne�otiated wage and benefit increases a
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established in the City of St. Paul and Intemational Association of Fire Fighters Local k 21 collective
bazgaining agreement.
c.
Vehicle Operatin� Cosu;
Chemical Assessment Team:
Emergency Response Team:
$40.00 per hour, or fraction thereof, for the St. Paul Fire Departmen,
HazMat Unit I and State Chemical Assessment Team trailer.
$90.00 per hour, or fraction thereof, for the State Emer�ency Response
Team vehicle.
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 actua] costs incuned. If costs exceed �500.00, the
STATE may request competitive bids or quotes prior to the repair or replacement of equipment
CONTRACTORS, who aze municipa3ities, must comply with municipal bidding laws.
f. Communications Costs;
CONTRACTOR will submit an itemized invoice for actual costs incurred. Eligible costs are defined as
cellular and land line telephone costs for voice, data, or facsimile ttansmissions.
g. Administrative Costs Directly Resulting from the Emergency Response;
Up to $275.�0 per State authorized emergency response. CONTRACTOR may request additiona'
administrative wst compensation, based on an itemized invoice for actual costs incurred, when extraordinan
circumstances resu]ting from a specific State authorized emergency response aze documented.
4.
5.
h. Costs Incurned in the use of Special Equipment as provided in Minnesota Rules, Chapter 7514.1200;
i. Costs Incurred in the use of Special Technical Assistance as provided i� Minnesota Rules, Chapte�
7514.120Q;
j. Costs Associated with Providing Support to Cleanup Operations when Requested in Accordance with
Minnesota Rules, Chapter 7514.090Q 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.
Costs incurred under Clause II, Section A, Item 3 of this Agreement for any single response by CONTRACTOR ma�
not exceed Five Thousand dollars ($5,000.00), unless authorized by the STATE.
All necessary and reasonable costs associated with a state authorized emergency response to a hazazdous material�
incident, incurred by CONTRACTOR and authorized by the STATE, will be bilied by the STATE to the responsible
person, and managed by the STATE through a sepazate revolving account for such incidents. CONTRACTOR a�ree:
that the STATE subrogates to the rights of the CONTRACTOR against the responsible person as defined in Minnesote
Statutes 299A.52.
The total obligation of the STATE for all compensation to CONTRACTOR incuned under Clause II, Section A, lten
1, of this Agreement, shall not exceed One Hundred Twenty Thousand dollars ($120,000.00) from July 1, 199%
through June 30, 1998, and One Hundred Twenty Thousand dollazs ($120,000.00) from July 1, 1998 through 7une 30
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1999. Funds not expended by CONTRACTOR during any single State fiscal yearmay be carried over into a subsequent
State fiscal year.
B. Terms of Pavment
1. Payment shall be made by the STATE promptly after CONTRACTOR's presentation of invoices for services
performed and acceptance of such servicesby the STATE'S authorized agents pursuant to Clause VI. Invoices sha�
be submitted in a form prescribed by the STATE and according to the following schedule:
CONTRACTOR's Compensation. CONTRACTOR shall submit a completed CONTRACTOR's Compensatior.
Reimbursement Packet monthly or quarterly for reimbursement of cosu identified in C3ause IS, Section A, Items 1 anc
2 of this Agreement. The STATE will process completed Reimbursement Packe[s for compensation within thirty (30�
days ofreceipt. The total amount ofreimbursement pertaining to Clause II, Section A, Items I and 2 ofthis A�reemen�
shall not exceed the limits of this contract.
Emergency Response Compensation. CONTRACTOR is responsible for submitting a claim for reimbursement for the
reasonable and necessary costs associated with a STATE authorized emergency response to a hazardous materials
incident within 45 days of the termination of the response. The claim for reimbursement must be made on STATE
provided forms and must detail the reasonable and necessary costs of the response as provided in Clause 11, Section A
Item 3. The STATE will process completed forms for reimbursement within thir[y (30) days of receipt. The tota
amount of reimbursement pertaining to Clause II, Section A, Item 3 ofthis agreement shall not exceed the ]imits of this
contract.
2. No more than ninery (90%) percent of the CONTRACTOR's compensation due under this contract shall be paid unti:
the final products of the contact have been reviewzd by the a�ency head (or the individual who executed the contrac
for the agency) entering into the contract and the agency head (or the individual who executed the contract for the
agency) has determined that the contractor has satisfactorily fulfilled all the terms of the contnct.
III. CONDITIONS OF PAYMENT. All services provided by CONTRACTOR pursuant to this connact shall be performed to the satisfactior
of the STATE and in accardance with al1 applicable federal, state, and Iocal laws, ordinances, rules, and regulations. CONTRACTOR
shall not receive payment for work found by the STATE to be performed in violation of federal, state or local law, ordinance, rule oi
regulation.
Lack of Appropriation: Continuation of this contract is contingent upon continued legislative appropriation of funds for the purpose e
this contract. If these funds are not appropriated, the STATr, will immediately notify CONTRACTOR in writing and the contract wili
terminate.
IV. TERMS OF CONTRACT. This contract shall be effective on July 1, 1997, or upon the date that the last sigriature is obtained by the
STATE, pursuant to Minnesota Statutes 16B.06, Subd.2, whichever occurs later, and shall remain in effect untii June 30, 1999, or unti
ali obli�ations set forth in this contract have been satisfactorily fulfilled, whichever occurs first. CONTRACTOR L7NDERSTANDS
THAT NO WORK SHOULD BEGIN UNDER THIS CONTRACT UNTIL ALL REQUIRED SIGNATURE5 HAVE BEEr
OBTAINED, AND CONTRACTOR IS NOTIFIED TO BECsIN WORK BY THE STATE'S AUTHORIZED AGENTS.
V. CANCELLATION.
A. Cancellation by STATS This contract may be cancelled by the STAT'E at any time, with or without cause, upon thirty (30) days
written notice to the CONTRACTOR.
1. In the event of such a cancellation for cause, CONTRACTOR shail refund to the STATE a pro rata amount of the
conuact and funds received by CONTRACTOR for compensation in accordance with Clause II., Section A., Items 1
and 2. CONTRACTORS who have satisfied the requirements of 7514.0600 prior to the date of canceilation shall nc
be subject to the pro rata refund provision contained in this clause.
2. In the event of such a cancellation, CONTRACTOR shall be entitled to paycnent of CONTRACTOR's Emergenc}
Response Compensation in accordance with Clause II, Section A, Item 3, incurred under this Agreement as the resui
of a state authorized emergency response to a hazardous materials incident, for services performed until the effectiv�
date of cancellation.
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B. Cancellation by CONTRACTOR. This conhact may be cancelled by CONTRACTOR at any time, with or without cause, upon
❑inety (90) days written notice to the STATE.
In the event of such a cancelVation, CONTRACTOR shall refund to the STATE a pro rata amount of the contract and
funds received by CONTRACTOR for compensation in accordance with Clause II., Section A., Items 1 and 2.
CONTRACTORS who have satisfied the requirements of 7514.0600 prior to the date of cancellation shall not be
subject to the pro rata refund provision contained in this clause.
2. In the event of such a cancellation, CONTRACTOR shall be entitled to payment of CONTRACTOR's Emer�ency
Response Compensation in accordance with Clause II, Section A, Item 3, incurred under this Agreement as the result
of a state authorized emer�ency response to a hazardous materials incident, for services performed until the effective
date of cancellation.
VI. AUTHORIZED AGENT(S). The STATE'S authorized agerits for the purposes of adminisvation of this contract are the State Fire
Marshal and Director of the Minnesota Division of Emergency Mana�ement, or their desi�nees. Such agents shall have final authority
for acceptance of CONTRACTOR'S services and if such services are accepted as satisfactory, shall so certify on each iavoice submitted
pursuant to Clause II, Section B.
CONTRACTOR's authorized agent for the purposes of administration of this contract is Timothy K. Fuller, Fire Chief, City of St. Paul
Department of Fire and Safety Services, 100 East Eleventh Street, St. Paul, Minnesota, 55101.
VII. ASSIGNMENT. CONTRACTOA shall neither assi�n nor transfer any rights or ob]igations under this contract without the prior written
consent of the STATE.
VIII, AMENDMENTS. Any amendments to this contract shall be in writin� and dated, and shall be exewted by the same parties who executed
the original contract, or their successors in office.
IX. LIABILITY. CONTRACTOR agrees to indemnify, save and hold harmless the STATE, its a�ents and employees from any and alt claims
or causes of action, including all reasonable attomey's fees incurred by the STATE, arisin� from the performance of this contract by
CONTRACTOR or CONTRACTOR's agents or employees. Except, in accordance with the provisions of Minnesota Statutes, Chapter
299A.51, Subdivision I and Minnesota Rules, Chapter 7514.2000, during operations authorized under Section 299A.50,
CONTRACTOR's employees operating outside their geographic jurisdiction as deFned in Clause XVI, Item D of this contract are
employees of the Department of Public Safety for purposes of Section 3.736. Coverage is initiated once the team is activated by the
STATE for operations authorized by the STATE, and the team is outside its geographic jurisdiction. 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.
X. STATE AUDITS. The books, records, dowments, and accounting procedures and practices of the CONTRACTOR relevant to this
contract shall be subject to examination by the contracting department and the Legislative Auditor.
XI. DATA PRACTICES
A. The CONTRACTOR agrees to comply with the Minnesota Data Practices Act as it applies to all data created, gathered or
acquired in accordance with this contract.
B. Any publicity given the program, publications or services provided resulting from this contract including, but not limited to,
notices, informational pamphlets, press releases, reseazch 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
shalt not be released prior to approval by the STATE's authorized agents, 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.
XII. AFFIRMATIVE ACTION. (When this contract is in excess of $50,000) CONTRACTOR certifies that it has received a certificate of
compliance from the commissioner of Human Rights puxsuant to Minnesota Statues, Section 363.073, and, it is hereby agreed between
the parties that Minnesota Statutes, Section 363.073, and Minnesota Rules, Parts 50003400 to 50003600 aze incorporated into this
contract by reference. A copy of Minnesota Stamtes 363.073, and Minnesota Rules, Part 50003400 to 50003600 is available upon
request from the STATE, or the Minnesota Department of Human Rights.
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XIII. WORKERS' COMPENSATION. CONTRACTOR certifies that it has complied with the workers' compensation insurance coverage
requirement of Minnesota Statutes, Section 176.181, subdivision 2.
Except, in accordance with the provisions of Minnesota Stamtes, Chapter 299A.51, Subdivision 2, durin� operations authorized under
section 299A.50, CON'I'RACTOR's employees operating outside their geo�raphic jurisdiction as defined in Clause XVI, Item D of this
contract are employees of the Department of Public Safety for purposes of Chapter 176. Covera�e is initiated once the team is activated
by the STATE, for operations authorized by the STATE, and the team is outside its geographic jurisdiction.
XIV. ANTITRUST. CONTRACTOR hereby assigns to the State of Minnesota any and al] claims for over charges as to goods and/or services
provided in connection with this contract resulting from antitrust violations which arise under the antitrust laws of the United States and
the ancitrust laws of the State of Minnesota.
XV. JURISDICTION AND VENUE. This contract, and amendmenu a�d supplements thereto, sha11 be govemed by the laws of the State of
Minnesota. Venue for all legal proceedings arising out of this contract, or breach thereof, shall be in the state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
XVI. OTHER PROVISIONS. (All Appendices A throuah G are hereby incorporated and made a part of this agreement.)
A. The STATE reserves the right, with the CONTRACTOR's approval, to extend this contract for up to an additional one and one-
half (1 1/2) years, in a minimum of one (1) year increments, from the expiration date of this contract.
B. Primary Response Area Boundaries: For purposes of Clause I, CONTRACTOR's primary response area boundaries are
established as described in Appendix A:
C. Secondary Response Area Boundaries: For purposes of Clause I, CONTRACTORs secondary response area boundaries are
established as described in Appendix B:
D. CONTRACTOR's Geo�raphic Jurisdiction: For purposes of Clauses iX and Xlll, CONTRACTOR's normal geoaraphic
jurisdiction is established as described in Appendix C:
E. STATE owned Vehicles, Trailers and Equipment Loaned to CONTRACTOR: STATE agrees to loan to CONTRACTOR the
hazazdous materials emergency response vehicles and equipment identified in Appendix D, in accordance with the following
terms and conditions:
1. CONTRACTOR may nse and have possession of the vehicles, trailers and equipment identified in Appendix D.
2. The STATE shal] retain title and legal ownership of loaned vehicles, trailers and equipment identified in Appendix
D, and provide for their replacement.
3. The STATE shall, upon request of CONTRACTOR, train at least one person designated by CONTRf�CTOR in the
proper handling, use and maintenance of the vehicles, trailers and equipment identified in Appendix D. The
STA1'E shall provide this training to CONTRACTOR'S personnel without cost, other than travel and related
expenses.
4. The STATE shall maintain all necessary inventory conh�ol records on the vehicles, mailers and equipment identi-
fied in Appendix D.
5. The STATE shall administer any manufacturer's warranry claims which may result during CONTRACTOR'S use
of the vehicies, Vailers and equiQment identified in Appendix D.
6. The STATE will provi@e CONTRACTOR with technical assistance as necessary regazdin� the proper handling,
use and maintenance of the vehicles, trailers and equipment identified in Appendix D.
7. CONTRACTOR shall keep and maintain the vehicles, trailers and equipment in proper operating condition.
8. CONTRACTOR shall resupply all disposable, expired and consumable components originally provided by the
STATE, and shall supply any other necessary disposable and consumable components not provided by STATE, at
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CONTRACTOR's expense.
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9. CONTRACTOR shall be responsible for the cost of repairing or replacina vehicles, trailers and equipment which
have been lost, or 3n the opinion of the STATE, has been damaged due to abuse, misuse, or other cause outside the
scope of normal wear and tear incurred in routine proper use. The STATE shall determine whether the vehicles,
trailers and equipment shall be repaired or replaced.
10. CONTRACTOR shall be responsible for the costs of routine maintenance and repair in accordance with the
manufacturer's recommendations.
11. CONTRACTOR shall retum the vehicles, trailers and equipmert identified in Appendix D to the STATE upon
termination, exp'vation, or cancellation of the contract. All such items to be delivered or shipped to the STATE,
postage and hand(ing charges prepaid by CONTRACTOR.
12. CONTRACTOR shall not permit the vehicles, trailers and equipment to be tampered with or operated by individu-
als who are not trained in their proper handling and operation.
]3. CONTRAC'3'OR 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. CONTRACTOR shall bear the cost of any travel and
related expenses incurred by any person attending training.
14. The person(s) trained by the STATE in the proper use, handling and maintenance of the vehicles, trailers and
equipment shall provide that training to CONTRACTOR'S team members and other appropriate personnel.
] 5. CONTRACTOR shall make the vehicles, trailers and equipment avaiVable to personnel authorized by the STATE
when required for inventory or inspection purposes.
16. CONTRACTOR may make the decontamination shelter system and related equipment available to personnel
authorized by the STATE in order to facilitate training to other public safety agencies and personnel in its proper
handling, use and maintenance. CONTRACTOR is not requued by this contract to provide such training outsida _
of CONTRACTOR's own employees, but may do so at CONTRACTOR's discretion. (Note: Whenever equipment
is out of service CONTRACTOR must immediately notify the STATE.)
17. CONTRACTOR agrees to provide secure heated storage for vehicles, trailers and equipment identified in
Appendix D.
18. Insurance: CONTRACTOR agrees to provide the STATE a certificate(s) of_ insurance, or a siatement of self-
insunnce, naming the STATE as an additional insured under the policy(s) prior to the execution of this contract,
for the following coverage:
a. STATE Owned Vehicles and Trailers Loaned to CONTTtACTOR:
1) Automobile Physical Damage: CONTRACTOR agrees to provide automobile physical damage
(comprehensive and collision) covera�e on all vehicles loaned to CONTRACTOR by the STATE;
and,
2) Automobile Liabiliry (Nan-govemmental Entities): CONTRACTOR agrees to provide
automobile liability coverage, including hired and non-owned automobiles, of not less that $ I.0
million dollars combined single limit on all vehicles loaned to CONTRACTOR by the STATE;
or
3) Automobile Liability (Governmental Entities): CONTRACTOR agrees to provide automobile
liability coverage on al] vehides loaned to CONTRACTOR by the STATE. The limits of liability
for such coverage must be $20Q000 for bodily injury and property damage per person, and
$600,000 bodily injury and property damage per occunence.
b. CONTRACTOR Owned Vehides and Trailers:
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1) Automobi(e Liabitity (Non-governmental Entities): CONTRACTOR a�rees to provide
automobile liabi}ity coverage, includin� hired and non-owned automobiles, ofnot less than $].0
million dollars combined single limit on all CONTRACTOR owned or leased vehicles; or
2) Automobile Liabiliry (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 5200,000 for bodily injury and property dama�e per person, and s�600,000
bodily injury and property damage per occurrence.
c. STATE Owned Equipment Loaned to CONTRACTOR: CONTRACTOR agrees to provide "All Risk"
property floater insurance, or equivalent self-insurance, which provides replacement cost covera�e on all
STAT'E owned property loaned to CONTRACTOR by the STATE.
d. CONTRACTOR may recover the cost of such insurance from the STATE in accordance with Clause II,
Section A, Item le, ofthis A�reement.
Reporting Requirements - Annual 1 Semi-Annual:
In addition to the report required by Clause I, Section A, Item 9 of this Agreement, CONTRACTOR aarees to provide the
STATE with the followin� reports:
1. Annual Report: Not later than January 30 of each year, CONTRACTOR agrees to submit an annual 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 requirements of Minnesota Rules.
Chapter 7514.0600;
b. Certification that team members meet the medicai requirements of Code of Federal Regulations, Title 29.
Section 1910.120;
c. A detailed inventory of al] hazardous materials vehicles, equipment, and supplies loaned to CONTRACTOR
by the STATE, and owned by CONTRACTOR;
d. A list of team training activities including exercises, whether conducted by CONTRACTOR or another
jurisdiction, in which CONTRACTOR participated;
e. A cunent roster of team personnel which identifies each member's level of hazardous materials training; and
f. Any recommendations for enhancement or improvement of the regional response team proaram.
2. Semi-Annual Report: Not later than July 31 of each year, CONTRACTOR a�rees to submit a semiannual report to the
STATE which, at a minimum, contain the following information for the preceding six (6) month period:
a. A list of team training activities including exercises, whether conducted by CONTRACTOR or another
jurisdiction, in which CONTRACTOR participated;
b. A current roster of team personnel which identifies each member's level of hazardous materials training;
c. A detailed inventory of all hazardous materials vehicles, equipment and supplies loaned to CONTRACTOF.
by the STATE and owned by CONTRACTOR; and
d. Any recommendations for enhancement or improvement of the regional response team progran.
G. Point of Contact for Team Dispatching: CONTRACTOR agrees to maintain a single point of contact which will be used by the
STATE to dispatch CONTRACTOR. CONTRACTOR's single point of contact is established as identified in Appendix E.
(S[_ Paul Emergency Response Tean
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H. For purposes of this Agreement, the designees of the STATE'S Authorized A�ents are included as Appendix F of the
Agreement.
H. Forpurposes ofthis Agreement, CONTRACTOR's primary and alternate representative(s) to the Hazardous Materials Re�ional
Response Team Pro�ram Team Advisory Committee are included as Appendix G of the Agreement.
J. This instrument embodies the whole a�reement 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 a�reemenu,
either verbal or written, berv✓een the parties.
K. The failure of one party to enforce any provision of this Agreement shall not constitute a waiver by that party of that or any other
provision.
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APPENDIX A
Description of CONTRACTOR'S Primary Response Area
CONTRACTOR'S Primary Response Area is described as follows:
�'� _� 4 `�
As an Emergency Response Team, the entire Minnesota counties of Anoka, Benton, Carver, Chisago, Dakota, Hennepin, Isanti,
Kandiyohi, McLeod, Meeker, Ramsey, Renville, Scott, Sherburne, Sibley, Steams, Washina on, and Wright. In Mille Lacs County,
that area south of State Highway 23 and United States Highway 169 (inclusive) west.
As a Chemical Assessment Team, the entire Minnesota counties of Dakota and Washina on. In Ramsey County, all areas except the
City of Mounds V iew.
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APPENDIX B
Description of CONTRACTOR'S Secondary Response Area
CONTRACTOR'S Secondary Response Area is described as follows:
The entire state of Minnesota not identified as the CO�ITRACTOR'S Primary Response Area in Appendix A.
R�-��`�
(St.Paul EmergenryRespOnse7'eam
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APPENDIX C a t ' ( � �
Description of CONTRACTOR'S Normal Geo�raphic Jurisdiction
CONTRACTOR'S normal geographic jurisdiction is described as follows:
For purposes of this a3eement, CONTRACTOR'S normal geoaraphic jurisdiction is the corporate limits of the City of St. Paul.
(St. Paul Emergency Response Tearr
Page l:
ITEM
APPENDIX D
List of STATE Owned Vehicles, Trailers and Equipment L,oaned to CONTRACTOR
Reference Material
ACGIH Threshold Limit Values and Biological Exposure Indices
Agricultural Chemicals Book - Volumes 1 throu�h 4
A�riculturnl Directory and Hazard Response Handbook
Association of American Railroads Emergency Action Guides
Association of American Railroads Tank Car Manual
CHR1S Hazardous Chemical Data Manua1
Comprehensive Guide to Hazardous Properties ofChemical Substances
Crop Protection Chemical Reference
DOT Emer�ency Response Guidebook
Emergency Care for Hazardous Materials Exposure
Emer�ency Handlin� of HazaTdous Materials in Surface Transportation
Farm Chemicals Handbook
Firefighter's Handbook of Hazardous Materials
Firefighter's Hazazdous Materials Reference Book and Index
General American Tank Car Company (GATX) Tank Car Manual
C,uidebook for the Safe Cise of Hazardous Ag. Farm Chemicals & Pesticides
Handbook of Compressed Gases
Hawley's Condensed Chemical Dictionary
Hazardous Chemicals Desk Reference
Hazardous Materials Exposure: Emergency Response and Patient Care
Hazardous Materiais Injuries: A Handbook for Pre-Hospital Care
NFPA Fire Protection Guide on Hazardous Materials
NIOSH Pocket Guide tn Chemical Hazards
SAX's Dangerous Properties of Industrial Materials
Symbol Seekers
The Pesticide Book
Huardous Materials Regional Response Team Program Suggested Operating
Guidelines and Administrative Procedures Manual
Decontamination Equipment
Astro Turf Mats
Brushes, SoR Bristle Long Handle
Decontamination Sheiter System (Components)
Air Bottle Regulator
Hot Water Heater
Disposable Poo!
Garden Hose, 25 ft. sections wdth Connector
Heaters
Multiple Shelter Connecting Unit
Pressure Control Unit
Shelter, Compartmentalized
Shelter, Open Interior
Shower, Iruide
Shower, Outside
Spray Wand
TentStakes
Caz Wash Brushes with Gazden Hose Connection
Patay Diaphragm Pump, with Hoses and 1 Extra Set Nitril Diaphragms
Steel Salvage Drum, 30 gal
CAT QUANTITY
1
1
1
I
1
1
I
1
1
1
1
1
1
1
1
1
1
I
1
1
1
1
1
1
I
1
3
3
I
1
4
2
2
i
2
]
1
1
1
1
16
2
1
3
a�_��`�
ERT QUANTITY
7
1
1
1
1
1
I
1
1
1
1
1
1
1
1
]
1
I
1
1
1
1
-1
1
1
1
(St. Paut Emergency Response Team;
Page 14
Emer�ency Eyewash Kit, Saline Solution
Folding Chairs or Stools
Foldina Table, 72" x 30"
Folding Table, 60" x 30"
Foot Stools/Step - Plastic
Li�htin� System - Flood, with Generator (6K)
Personal Protective Equipment
MSA Ultra Twin Air Purifyin� Respirators, with 30 GME-H Canisters
Air Purifying Respirator Fit Test Kit
Air Purifyina Respirator Fit Test Tent
Chemical Resutant Boou , ElecROStatic D'usipatin�
Gloves, Assorted Materia]s - Buryl, Neoprene, Niuile, PVC, Viton, Kevlar
Neoprene/Niirile
Silver Shield / 4-H
PVC 1 Nitrile
Viton
Kevtar
Sol-V¢x Nitril
Goggles
Hard Hats / Rescue Helmets
Leve] A Kappler Reflector Encapsulating Suits
Level A Kappler Responder Plus Encapsulating Suits
Level B Kappler Responder Encapsulating Suits
Level B Kappler CPF 3 Non-Encapsulating Suits
Level B Kappler CPF 2 Non-Encapsulating Suits
Level C Kapler Disposable Suits
Level A Training Suits
Suit Test Kit
Vinyl Gloves
Kappler Computerized�Chemical Permeation Suit Selection Guide
Leak Control Supplies and Equipment
Air Bag System
Bonding and Grounding Equipment
Chlorine "A" Kit
Chlorine "B" Kit
Chlorine °C' Kit
Dome Cover Clamps
Drum Repair Kir
Drum Upender
Pipe Repair Kit
Sulfur Dioxide Gasket Kit
Radio and Other Communications Equipment
Cellular Phone, Dual Nam
Cetlular Phone/Far System
Mobile Radio - 100 watt
Portable Radio - 5 watt
Portable Radio - 5 watt Intrinsically Safe
Portable Radio Gana Charger
Portable Radio Single Charber
Portable Radio Spare Batteries
In-Suit Communications Equipment
Computer EquiQmendSoftware
]
6
1
1
2
I
6
I
1
12 pr.
12 pr
12 pr.
12 pr.
12 pr.
12 pr.
24 pr.
6 pr.
6
2
4
4
20
24
1 cs.
2
I
2 bxs.
1
1
I set
1
i
1
1
3
I
1
3
1 set
�j'1- `1 C �-�
12 pr.
12 pr.
24 pr.
12 pr.
12 pr.
12 pr.
24 pr.
9 pr.
9
4
8
9
12
1 cs.
4
1
I
1
1
1 set
1
1
1
1
1
1
5
3
2
1
8
2 sets
(St. Paul Emergency Response Tearr
Pa�e li
ALOHA SoRware
ARCHIE Software
CAMEO Windows and Supporting Maps
IBM Compatible PC, Printer and Modem
Monitoring and Detection Equipment
Air Sampling System
SpilFyter Kit
HazCat Kit
Colorimetric Detection Tube Kit
Dosimeters
Draeger CMS Kit
Drum Samp]er - Coliwasas Tubes
4 Gas Monitor
4 Gas Monitor Calibration Gas Kit
Toxic Gas Monitor
Toxic Gas Monitor Calibration Gas Kit
Radiological Monitor - Victoreen
Radiological Monitors - Civil Defense
WeatherPak Meteoro]ogical Station
Basic Suppression Equipment
Polar/Non-Polar Foam (100 gal.)
Class D Powder
Foam Eductor
Foam Application Noule - ATFF / ATC
Foam Application Nozzle - 20:1
Mitigation Supplies
Citric Acid, 30 gals.
Soda Ash, 401b. ba�s
Spill-X Acid Neutralizer, 5 gal.
Spil]-X Caustic Neutralizer, 5 gal.
Spill Containment Supplies and Equipment
Absorbent Booms/Pads/Pillows
Containment Boom - 75 ft.
Drysorb Type Absorbent, 401b.
Lab Packs
Magic Sorb, 25 Ib. bags
Plug-N-Dike ! Bentonite Clay, 5 aal. pail
Poly Overpack Drum, 95 gal.
Poly Overpack Drum, 65 gal.
Spilstopper Drain Cover Mat
Steel Salvage Drum, 85 gal.
Steel Salvage Drum, 55 gal.
Steel Salvage Drum, 30 gal.
Steel Salvage Dmm, 15 gal.
Steel Salvage Drum, 8 gat.
Two Wheel Drum Truck
Assorted Non-Sparking and Hand Tools
Crescent Wrench, 12 "
Dead Blow Hammer
Drum Bung Wrench
Mallet, Wood
Mal]et, Rubber
1
1
1
1
I
1
1
I
3
1
3
1
1
1
I
1
2
1
I
1
]
1
1
- - - - — — 1 - -
3
i
1
1 set
1
4
1 set
2
1
1
I
1
1
1
1
1
I
1
1
�t,�1-�(� `-�
I
I
1
1
1
1
1
1
1
I
1
1
(St. Paul Ertecgency Response Team
Page 16
a -� -� �y
Non-sparking Scoop Shovels
Non-spazkin� Square Nose Shovels
Pinch Bar, 18"
Pipe Wrench, 24"
Pipe Wrench, 36"
Scraper
Screw Driver, Strai�ht Tip
Steel Spade Shovels
Taol Box
2
2
4
2
2
1
2
2
7
1
4
1
Basic First Aid Supplies
Blood Pressure Cuff
Disposable Bag Mask Resuscitator
Disposable Oxygen Administration Mask and Tubing Sets
Emergency Medical Trauma / Medical Kit and Supplies
Portable Demand Valve Resuscitator, wiryh Spare "D" Cylinder
Portable Suction Device
Stethoscope
Incident Management and Administrative Supplies and Equipment
ICS Vest System
Vehicle and Trailer
16 Foot Pace American Hazardous Materials Equipment Trailer and Components
Electric Trailer Jack
Emergency Light Warning System
Metal Shelving
Propane Boitles, 90 Ib
Emergency Response Vehicle
Electric Cord Ree1s with 50'Cord __. --___- --
Emergency Light Warning System
Fire Hose, 300' 1 3!4"
Flood Lights - Permanenet Mount
Flaod Lights - Tripod
Nose Adaptors, 2 I/2" to 1 3/4"
Refrigerator
RoofLadder, 12'
Siren System
Step Ladder - Fiberglass, 6'
StrearnLite Hand Lanterns
Whee1 Chocks
White Board
_ 2
_ 2
- I set
_ �
_ �
_ i
_ z
1 1
1
1
1
2
2
1
2
1
1
1
2
2
1
1
1
I
4
2 sets
I
(St. Paul Emergenty Respon5e Team
Pa�e 1 i
APPEtSDIX E
Description of CONTRACTOR'S Single Point of Contact for Team Dispatchin�
CONTRACTOR'S single point of contact for purposes of team dispatching is described as fol]ows:
��,���
For purposes of this agreement, CONTR.�tCTOR'S single point of contact for purposes of tezm dispatching is located at the St. Paul
Depamnent of Fire and Safety Services, Emergency Communications Cener, 100 East Eleventh Street, St. Paui, Minnesota, 5� ] O1.
The 24 hour emergency telephone number for puposes of team dispatching is (612) 228-6289.
The non-emergency telephone number is (612) 224-7374.
The person responsible for operation of CONTRACTOR'S single point of contact is Tim Butler, Fire Communications Chief, City of
St. Paul Department of Fire and Safety Services, ]00 East Eleventh Street, St. Paul, Minnesota, 55101.
(St. Paul Emergency Response Teaml
Page ]8
APPENDIX F
List of Designees of the STATE'S Authorized A�ents
STATE'S Authorized Agents:
Thomas R. Brace
James D. Franklin
Desi�nees of STATE'S Authorized Agenu:
Bob Dahm
Ed Leier
Kevin Leuer
Authority of Desi�ees:
Clause II, Section A, Item 2
Clause II, Section A, ICem 4
Clause II, Section B, Item I
Clause XI, Section B
State Fire Marshal
Director - Division of Emer�ency Management
MN State Pire Mazshal Division
MN Division of Emergency Management
MN Aivision of Emergency Mana�ement
a � , � C�`�
Authorization to approve Contractor's Compensation budget deviations of 20% or ]ess.
Authorization to approve Emergency Response Compensation in excess of $5,000.00.
Authorization to approve invoices for Contractor's Compensation and Emergency
Response Compensation.
Authorization to approve publicity or publications prepared by or for the
CONTRACTOR.
The undersigned hereby delegate the authorities listed above to thase persons ]isted as Designees of STATE'S Authorized Agents
These authorities are delegated until revoked in writing.
Thomas R. Brace
Minnesota State Fire Mazshal
James D. Franklin
D'uector - Minnesota Division of Emergency Management
Date
Date
(SL Pau! Emergency Response Teaai
Page 19
APPENDIX G
List of CON'IRACTOR'S Primary and Altemate Respresentatives
to the Hazardous Materials Regional Response Team Program
Team Advisory Committee
�� -'1 � `�
CONTRACTOR'S primary and altemate respresentatives to the Hazardous Materials Regional Response Team Proaram Team Advisory
Committee aze as follows:
I. Prunary Representative
Floyd LeCuyer, Captain
St. Paul Fire Department
100 East Eleventh Street
St. Paul, Minnesota 55101
II. Alternate Representative(s)
Donato Bataglia, District Chief
St. Paul Fire Deparhnent
100 East Eleventh Street
St. Paul, Minnesota 55101
Christopher Cook, Captain
St. Paul Fire Department
100 East Eleventh Street
St. Paul, Mirmesota 55101
(St. Paul Emergency Response Team)
Page 20
n � L ��
IN WITNESS WHEREOF, the parties have caused this contract to be duly exewted intending to be bound thereby. �i J�
APPROVED:
By
� iJ�-�--�
Title
Director of Financial Services
Date �� � � � �
Director, Human Rights
2. STATE AGENCY:
By
Iitie
Date
As to form and execution by the
3. ATTORNEY GENERAL:
ay
TiHe
Da[e
4. COMMISSIONER OF ADMINISTRATION:
BY �
TiHe
Date
Distribution:
Agency - Original (fully executed) contract
Depamneni of Administration
Contractor
State Authorized Representative
(St. Paul Emergency Response Tearn �
Pa�e 22
1. CONTRACTOR:
CONTRACTOR certifies that the appropriate person(s) have
executed the contract on behalf of the CONTRACTOR as
required by applicable articles, by-laws, resolutions, or
ordinances.
Council File #
Presented By:
Referred To:
,
z
3
4
5
6
7
8
9
10
tt
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
3I
32
33
34
Requested by Department of:
Fire & Safety Services
B '�' -�. �
Appr al Recommended by Budget�Dire r:
B ,'Y�
,
Adopted by Council: Dat
Form ve b
Adoption Certified by Cou i Secretary:
By: ,
By: -
a � Q Approved by Mayor fi
Approved b a r ate ��
By: �
By:
Green Sheet #
)N __ .
MINNESOTA
Committee: Date
�����y
30025
RESOLVED, at th roper City officials are hereby authorized and directed to execute a hazardous
materials emerg cy response contract covering the time period July 1, 1997 through dune 30, 1999
with the State of Minnesota, Department of Public Safety as provided by Saint Paul's Department of
Fire & Safety Services; a copy of said agreement to be kept on file and of record in the Office of
Financial Services.
� -f� -9�
to council:
1
nsna�rngivrro� cornvca DATE IMIIATID a ��� ��e �
Fire&SafetyServices 6/13/97 GREEN SHEET NO. 30025
CONLACfPIIi50N&PHOME �1 DEPqR]MENfDIRFCLOH �4 Cf1YCpLJNCQ,
Asst. Fire Ctuef A1 Bataglia 228-6212 Q� cnv wrrou� Q cm c�.mx
MUSTBEONCOUNCQ.A(3a`IDABY(DA'f� � HSJD(�'LDIRECTOR � FIN.&MG�.SE2ViCFSDIR
�� MAYOR(ORA55lS[ANf) � CE�FACCOUNiAM'
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
cnox�i�rreo
Approval of the attached Council Resolution authorizing ihe Department of Fire & Safety Services to enter into a I�.azardous maTerials emergency
response contrac[ with the State of Minnesota, Depaztment of Public Safety covering the time period July 1, 1997 through June 30, 1999.
RECOMI.gt.`DA]IONS:npp.we(p)wRq«t([q PERSONALSERVICECONTRACISMUSTANSWERTHEFOLLOWINGQIJESTIONS:
PLANNINGCOMA9SSION _CR'Q.SERVICECOMI.fIS$ION 1.Huthispeaon/fumeverworkedunderacontractforthisdepamnem?
cm W�u'rs� _ YES NO
a_srt.ft' _ I 2. Has this person/Fum ever been a city employee?
DISIRIC[COURT _ YE$ NO
sueeox'rs wt¢Cti co[mcu, osmenve+ " 3. Does this persoNfimi possess a skill riot nolmalty possessed by arry cmrent city employee?
YES NO
(Ezplain all yes answers oo separete sLeet and attacL to green sheet)
INITfATINGPROHLEM, ISSIJE, OPPORNNI]Y (Who, lVLst, tVM1m, tVFerq Why):
The Minnesota Legislature has determined the need �ists for a system of regionally located Hazardous Materials Emergency Response Teams
to assist local authorities in protecting the public from the effec[s of a hazardous materials release. Saint Paul Fire is qualified and is able to
perform these needed services.
ADVANTAC�S IF APPROVED.
Additional revenues will be generated by the Saint Paul Fire Depar[ment.
DLSADVANTAGESIFAPPROVED:
None.
DISADVANiAGE$ OFNOTAPPROVED:
Loss of potential revenue for the City.
iOTALAMOUNTOFTRANSAGTION_ GYOOOO COST/AEVENUEBUDGECED(CR[CLEONE7 YFS NO
emvneresouxce nclivrrvrromeea GL-510-35110-4301
t �,am�
�,
STATE OF MINNESOTA
CONTT2ACTUAL (non-state employee) SERVICES
�� _'1 � `I
Accounting Distribution 1: Accounting Distribution 2: Accountin� Distribution 3:
Fund: / n /l Fund� Fund:
( fi (/
APPr � ', / f+PPr: Appr.
(i
Org/Sub: / � Org/Sub: Org/Sub:
�
Rept Catg: Aept Catg: Rept Catg:
Amount Q i� j� j�� � AmounC Amoun[:
t (J[J
Processing Information: (Some entries may not apply)
Requisition:
Contract:
Number/Date/Entry Initials
I�SumberlAatelEntry Initials
Solicitation:
Order:
Number/Date/Entry Initials
Number/Date/Signatures
/Individual signing certifies that funds have been
encumbered as required by Minn. Statl6A.I5J
NOTICE TO CONTRACTOR: You are required by Minnesota Statutes Section 270.66 to provide your social securiry number or Minnesota
tax identification number if you do business with the State of Minnesota. This information may be used in the enforcement of federal and
state ta�c laws. Supplying these numbers could result in action to require you to file state tax returns and pay delinquent state tax liabilities.
This contract will not be anproved uniess these numbers are nrovided. These numbers will be available to federal and state tax authorities
and state personnel invoolved in the payment of state obligations.
Conhactor Name and Address:
Ciry of St. Paul
Department of Fire and Safery Services
100 East Eleventh Street
St. Paul, Minnesota 55101
Soc. Sec. or Federal Employer I.D. No.: 41-6005521 Minnesota Tax I.D. No.: 80280995
THIS PAGE OF THE CONTRACT CONTAINSPRIVATE'INFORMATION.
EXCEPT AS DEFINED ABOVE, THIS PAGE SHOULD NOT BE REPRODUCED OR DISTRIBUTED WITHOUT EXPRESS
WRITTEN PEIYMISSION OF THE CONTRACTOR.
If you circulate this contract internatly, DO NOT include this page.
(StPaul EmergencyResponseTeam
CoverPage
Accounting Information: State Authorized Incidents set up in a separate allotment.
��1-��y
THIS CONTRACT, which s}rall be interpreted pursuant to the laws of the State of Minnesota, between the State of Minnesota, actin� throu�h it
peparhnent of Public Safety (hereinafrer STATE) and the City of St. Paul, Deparhnent of Fire and Safety Services, ]00 East Eleventh Street, St
Paul, Minnesota, 55101, (hereinafter CONTRACTOR), wimesseth that:
WHEREAS, the STATE, pursuant to Minnesota Statutes 15.061 and Minnesota Statutes 299A.50, Subdivision 2, is empowered to enter intc
contracts with other state departmenu and a�encies, local units of government, other states, Indian tribes, the federal government, or othe,
nonpublic persons to implement the provisions of Minnesota Rules, Chapter 7514, and
WHEREAS, the Minnesota Legislature has determined the need exisu for a system of re�ionally ]ocated Hazardous Materials Emergenc�
Response Teams and Hazardous Materials Chemical Assessment Teams to assist local authorities in protecting the public safety from the effect
of a hazardous materials release, and
WHEREAS, CONTRACTOR represenu that it is duly qualified and willing to perform the services set forth herein as a Hazardous MateriaL<
Emergency Response Team, including a Hazardous Materials Chemical Assessment Team.
NOW, THEREFORE, it is agreed:
I. CONTRACTOR'S DUTIES. CONTRACTOR, who is not a state employee, except as defined in Minnesota Statutes, Chapter 299A.51.
Subdivisions 1 and 2, sha1L
A. Be responsible for all terms, tasks and conditions assigned by Minnesota Statute, Chapter 299A.48 to 299A.52 and Minnesot�
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 whec
requested;
2. Respond to any response area in the state when directed to do so by the Commissioner of Public Safety (Minnesotc
Rules, Chapier 7�14.0900, Subpart 1);
3. Coordinate on-scene emergency response operations with local, state, and federal agencies, Indian tribes, and privatc
response organizations through the Minnesota Incident Management System (Minnesota Rules, Chapter 7514.I80Q
Subpart I);
4. Ensure that team members are in compliance with the initial, continuing education, and team training requirement
established in Minnesota Rules, Chapter 7514.0600, Subparts 1 to 4, and annually certify such compliance to the
Commissioner (Minnesota Rules, Chapter 7514.060D, Subpart 6);
5. Ensure that team members are in compliance with the medical requirements established in Minnesota Rules, Chapte
7514.0600, Subpart 7, and annually certify such compliance to the Commissioner (Minnesota Rules, Chapte�
7.i74.060Q Subpart 7);
6. Deploy team personnel and equipment to a hazardous materials incident within an average of fifreen Q 5) minutes from
the time the decision is made to dispatch the team (Minnesota Rules, Chapter 7514.0500). For purposes of the clause.
the decision to dispatch the team will be considered made at the time the CONTRACTOR'S point of contact fo;
purposes of dispatching the team, as identified in Appendix E, is notified by the STATE;
7. Ensure compliance with all other employer requirements established in Minnesota Rules, Chapter 7514.0600;
8. Conduct a formal evaluation of the team's response to each incident as required by Minnesota Rules, Chapte,
7514.1300;
9. Submit a detailed report of the team's response to an incident as required by Minnesota Rules, Chapter 7514.0900
Subpart 7, and take all appropriate measures to identify to the STATE the responsible person of each incident;
10. Designate a primary and one or more altemate representative(s) to the Hazardous Materials Regional Response Tean
Program Team Advisory Committee, who will make every reasonable attempt to attend meetinas of the committee anc
have the authoriry to make recommendations on behalf of the CONTRACTOR;
(SL Pau] Emergency Response Tean
Page I
�
��1- 7 (� �
I l. Designate a primary and altemate representative who will receive training in applying the suggested operatine
guideiines and other administrative procedures of the Hazardous Materials Regional Itesponse Team Program,
provided by the Commissioner, as required by Minnesota Rules, Chapter 7514.0700, Subpart 2, and who wilt be
responsible for providin� that instruction 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 working order and ready for response at all times, except as may be necessar}
for the performance of routine or necessary maintenance, repairs or replacement. CONTRACTOR must immediatel�
notify 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 Commissioner as required by Minnesota Rules, Chapter 7514.1700:
Subparts 1 and 3, and tal:e all appropriate measures to identify to the STATE the responsible person for each incident
B. In addition when functioning as an Emergency Response Team, CONTRACTOR shall:
1. Maintain the minimum composition of team mem6ers required by Minnesota Rules, Chapter 7514.Q800;
2. Respon¢ to each incident as an Emergency Response Team with nine (9) pzrsons certified to the levels of hazardous
materials training required by Minnesota Rules, Chapter 7514.0800, Subpart 5;
3. 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. These emergency actions at the scene of a
hazardous materials incident include, but are not limited to, preventin� the release, mitigating the effects ofthe release.
and stabilizing the emergency situation (Minnesota Rules, Chapter 7514.0900, Subpmt 2}; and
4. 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 three (3) persons certified to the levels of hazardous materials training
required by Minnesota Rules, Chapter 7514.0800, Subpart 6;
C. In addition, when functioning as Chemical Assessment Team, CONTRACTOR shall:
1. Maintain the minimum composition of team members required by Minnesota Rules, Chapter 7514.0800;
2. Respond to each incident as a Chemical Assessment Team with three (3) persons certified to the levels of hazardous
materials training required by Minnesota Rules, Chapter 7514.0800, Subpart 6;
3. Respond to incidents and assist local authorities by providing technical advice to local incident wmmanders anc
recommending mitigation actions necessary to protect life, property and the environment that aze in keepin� with
locally available levels of hazardous materials training and response capabiliry (Minnesota Rules, Chapter 7514.0900,
Subpart 3); and
4. Respond to incidents in conjunction with an Emergency Response Team, to assess an incideni, develop and
recommend miti�ation strategies, and assist with response operations (Minnesota RuZes, Chapter 7514.0900, Subparr
4).
II. CONSIDERATION AND TERMS OF PAYMENT
A. Consideration for all services performed and goods or materials supplied by CONTRACTOR pursuant to this contract shall b�
paid by the STATE as follows;
1. CONTRACTOR's Compensation. CONTRACTOR shall be paid by the STAT'E for the following costs associated
a. Capital equipment - cost of capital equipment including vehicles;
Not to exceed $28,500.00 beginning 3uly 1, 1997 ttv June 30, 1998
(St.Paul EmergencyResponse7ean
Pa�e =
a�-��y
Not to exceed $28,500.00 beginning July 1, 1998 through 3une 30, 1999
b. Training - Annual cost of trainina team personnel (excluding exezcise training);
Not to exceed 553,000.00 beginning July 1, 1997 through June 30 1998
Not to exceed 553,000.00 beginning July I, ] 998 through June 30, 1999
Trainin� - Annual cost of exercise training;
Not to exceed 56,000.00 beginning July 1, 1997 throu�h June 30. 1998
Not to exceed $6,000.00 beginning July 1, 1998 through June 30, ] 999
c. Medical Examinations - Cost of annual medical examinations for team personnel;
Not to exceed $5,000.00 beginning July 1, 1997 through June 30, 1998
Not to exeeed $5,000.00 beginning July 1, 1998 through June 30, 1999
d. Consumable Supp!ies - Initial cost of consumable supplies;
Not to exceed $10,5QQ.00 beginning July 1, 1997 through June 30, 1998
Not to exceed $10,500.00 beginning July 1, 1998 through June 30, 1999
e. Administration - Program administration wsts;
Not to exceed $I5,000.00 beginning Juty 1, 1997 throu�h June 30, 1998
Not to exceed $15,000.00 beginning 7uly 1, 1998 through June 30, ]999
£ Maintenance - Equipment maintenance costs;
__ __ _.__ ___ . Not to exceed $2,000.00 beginning July I, 1997 through June 30, 1998
Not to exceed $2,000.00 beginning July 1, 1998 ihrough 3une 30, ]999
2. CONTRACTOR may submit a revised hudget for any deviation of 20% os less between the funding categories liste<
above during each state fiscal year ofthis contract (See Clause II, Section A, Item 5). However, the revised budget mus
be approved by the STATE'S authorized agents before any expenditures may be made based on the revised budget. An}
deviation greater than 20% between the funding categories listed above durin� each state fiscal year of this contrac
(See Clause II, Section A, Item 5) will require an amendment to this Ag;eement. No deviations between fundin_
categories shall exceed the total dollar amount authorized far each fiscal year of this contract.
3. Emergency Response Compensation. CONTRACTOR shall be reimbursed by the STATE for the reasonable ana
necessary costs associated with an actual response as follows:
a. Team Personnel Costs;
$56.51 per hour, or fraction thereof, per person, including wages and fringe benefits
Team personnel costs are valid through December 31,199Z Team personnel cosu beginning January I, 199€
through June 30, 1944 will increase in accordance with the neeotiated wage and benefit increases z
established in the City of St. Paul and Intemation Association of Fire Fighters Local # 21 wllective bargainin_
agreement.
b. Additional Wage Costs for Local Callback Personnel;
$27.74 per hour, or fraction thereof, per person, including wages and fringe benefits
Team personnel costs aze valid through December 31,1997. Team personnel costs beginning Janaury 1, 199:
through June 30, 1999 will increase in accordance with the ne�otiated wage and benefit increases a
(St.Paui EmergencyResponseTean
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q�-��y
established in the City of St. Paul and Intemational Association of Fire Fighters Local k 21 collective
bazgaining agreement.
c.
Vehicle Operatin� Cosu;
Chemical Assessment Team:
Emergency Response Team:
$40.00 per hour, or fraction thereof, for the St. Paul Fire Departmen,
HazMat Unit I and State Chemical Assessment Team trailer.
$90.00 per hour, or fraction thereof, for the State Emer�ency Response
Team vehicle.
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 actua] costs incuned. If costs exceed �500.00, the
STATE may request competitive bids or quotes prior to the repair or replacement of equipment
CONTRACTORS, who aze municipa3ities, must comply with municipal bidding laws.
f. Communications Costs;
CONTRACTOR will submit an itemized invoice for actual costs incurred. Eligible costs are defined as
cellular and land line telephone costs for voice, data, or facsimile ttansmissions.
g. Administrative Costs Directly Resulting from the Emergency Response;
Up to $275.�0 per State authorized emergency response. CONTRACTOR may request additiona'
administrative wst compensation, based on an itemized invoice for actual costs incurred, when extraordinan
circumstances resu]ting from a specific State authorized emergency response aze documented.
4.
5.
h. Costs Incurned in the use of Special Equipment as provided in Minnesota Rules, Chapter 7514.1200;
i. Costs Incurred in the use of Special Technical Assistance as provided i� Minnesota Rules, Chapte�
7514.120Q;
j. Costs Associated with Providing Support to Cleanup Operations when Requested in Accordance with
Minnesota Rules, Chapter 7514.090Q 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.
Costs incurred under Clause II, Section A, Item 3 of this Agreement for any single response by CONTRACTOR ma�
not exceed Five Thousand dollars ($5,000.00), unless authorized by the STATE.
All necessary and reasonable costs associated with a state authorized emergency response to a hazazdous material�
incident, incurred by CONTRACTOR and authorized by the STATE, will be bilied by the STATE to the responsible
person, and managed by the STATE through a sepazate revolving account for such incidents. CONTRACTOR a�ree:
that the STATE subrogates to the rights of the CONTRACTOR against the responsible person as defined in Minnesote
Statutes 299A.52.
The total obligation of the STATE for all compensation to CONTRACTOR incuned under Clause II, Section A, lten
1, of this Agreement, shall not exceed One Hundred Twenty Thousand dollars ($120,000.00) from July 1, 199%
through June 30, 1998, and One Hundred Twenty Thousand dollazs ($120,000.00) from July 1, 1998 through 7une 30
(St. Paui Bmergency Response 7eam
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1999. Funds not expended by CONTRACTOR during any single State fiscal yearmay be carried over into a subsequent
State fiscal year.
B. Terms of Pavment
1. Payment shall be made by the STATE promptly after CONTRACTOR's presentation of invoices for services
performed and acceptance of such servicesby the STATE'S authorized agents pursuant to Clause VI. Invoices sha�
be submitted in a form prescribed by the STATE and according to the following schedule:
CONTRACTOR's Compensation. CONTRACTOR shall submit a completed CONTRACTOR's Compensatior.
Reimbursement Packet monthly or quarterly for reimbursement of cosu identified in C3ause IS, Section A, Items 1 anc
2 of this Agreement. The STATE will process completed Reimbursement Packe[s for compensation within thirty (30�
days ofreceipt. The total amount ofreimbursement pertaining to Clause II, Section A, Items I and 2 ofthis A�reemen�
shall not exceed the limits of this contract.
Emergency Response Compensation. CONTRACTOR is responsible for submitting a claim for reimbursement for the
reasonable and necessary costs associated with a STATE authorized emergency response to a hazardous materials
incident within 45 days of the termination of the response. The claim for reimbursement must be made on STATE
provided forms and must detail the reasonable and necessary costs of the response as provided in Clause 11, Section A
Item 3. The STATE will process completed forms for reimbursement within thir[y (30) days of receipt. The tota
amount of reimbursement pertaining to Clause II, Section A, Item 3 ofthis agreement shall not exceed the ]imits of this
contract.
2. No more than ninery (90%) percent of the CONTRACTOR's compensation due under this contract shall be paid unti:
the final products of the contact have been reviewzd by the a�ency head (or the individual who executed the contrac
for the agency) entering into the contract and the agency head (or the individual who executed the contract for the
agency) has determined that the contractor has satisfactorily fulfilled all the terms of the contnct.
III. CONDITIONS OF PAYMENT. All services provided by CONTRACTOR pursuant to this connact shall be performed to the satisfactior
of the STATE and in accardance with al1 applicable federal, state, and Iocal laws, ordinances, rules, and regulations. CONTRACTOR
shall not receive payment for work found by the STATE to be performed in violation of federal, state or local law, ordinance, rule oi
regulation.
Lack of Appropriation: Continuation of this contract is contingent upon continued legislative appropriation of funds for the purpose e
this contract. If these funds are not appropriated, the STATr, will immediately notify CONTRACTOR in writing and the contract wili
terminate.
IV. TERMS OF CONTRACT. This contract shall be effective on July 1, 1997, or upon the date that the last sigriature is obtained by the
STATE, pursuant to Minnesota Statutes 16B.06, Subd.2, whichever occurs later, and shall remain in effect untii June 30, 1999, or unti
ali obli�ations set forth in this contract have been satisfactorily fulfilled, whichever occurs first. CONTRACTOR L7NDERSTANDS
THAT NO WORK SHOULD BEGIN UNDER THIS CONTRACT UNTIL ALL REQUIRED SIGNATURE5 HAVE BEEr
OBTAINED, AND CONTRACTOR IS NOTIFIED TO BECsIN WORK BY THE STATE'S AUTHORIZED AGENTS.
V. CANCELLATION.
A. Cancellation by STATS This contract may be cancelled by the STAT'E at any time, with or without cause, upon thirty (30) days
written notice to the CONTRACTOR.
1. In the event of such a cancellation for cause, CONTRACTOR shail refund to the STATE a pro rata amount of the
conuact and funds received by CONTRACTOR for compensation in accordance with Clause II., Section A., Items 1
and 2. CONTRACTORS who have satisfied the requirements of 7514.0600 prior to the date of canceilation shall nc
be subject to the pro rata refund provision contained in this clause.
2. In the event of such a cancellation, CONTRACTOR shall be entitled to paycnent of CONTRACTOR's Emergenc}
Response Compensation in accordance with Clause II, Section A, Item 3, incurred under this Agreement as the resui
of a state authorized emergency response to a hazardous materials incident, for services performed until the effectiv�
date of cancellation.
(St. Paul Emergency Response Team
Page 5
�� -� L�
B. Cancellation by CONTRACTOR. This conhact may be cancelled by CONTRACTOR at any time, with or without cause, upon
❑inety (90) days written notice to the STATE.
In the event of such a cancelVation, CONTRACTOR shall refund to the STATE a pro rata amount of the contract and
funds received by CONTRACTOR for compensation in accordance with Clause II., Section A., Items 1 and 2.
CONTRACTORS who have satisfied the requirements of 7514.0600 prior to the date of cancellation shall not be
subject to the pro rata refund provision contained in this clause.
2. In the event of such a cancellation, CONTRACTOR shall be entitled to payment of CONTRACTOR's Emer�ency
Response Compensation in accordance with Clause II, Section A, Item 3, incurred under this Agreement as the result
of a state authorized emer�ency response to a hazardous materials incident, for services performed until the effective
date of cancellation.
VI. AUTHORIZED AGENT(S). The STATE'S authorized agerits for the purposes of adminisvation of this contract are the State Fire
Marshal and Director of the Minnesota Division of Emergency Mana�ement, or their desi�nees. Such agents shall have final authority
for acceptance of CONTRACTOR'S services and if such services are accepted as satisfactory, shall so certify on each iavoice submitted
pursuant to Clause II, Section B.
CONTRACTOR's authorized agent for the purposes of administration of this contract is Timothy K. Fuller, Fire Chief, City of St. Paul
Department of Fire and Safety Services, 100 East Eleventh Street, St. Paul, Minnesota, 55101.
VII. ASSIGNMENT. CONTRACTOA shall neither assi�n nor transfer any rights or ob]igations under this contract without the prior written
consent of the STATE.
VIII, AMENDMENTS. Any amendments to this contract shall be in writin� and dated, and shall be exewted by the same parties who executed
the original contract, or their successors in office.
IX. LIABILITY. CONTRACTOR agrees to indemnify, save and hold harmless the STATE, its a�ents and employees from any and alt claims
or causes of action, including all reasonable attomey's fees incurred by the STATE, arisin� from the performance of this contract by
CONTRACTOR or CONTRACTOR's agents or employees. Except, in accordance with the provisions of Minnesota Statutes, Chapter
299A.51, Subdivision I and Minnesota Rules, Chapter 7514.2000, during operations authorized under Section 299A.50,
CONTRACTOR's employees operating outside their geographic jurisdiction as deFned in Clause XVI, Item D of this contract are
employees of the Department of Public Safety for purposes of Section 3.736. Coverage is initiated once the team is activated by the
STATE for operations authorized by the STATE, and the team is outside its geographic jurisdiction. 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.
X. STATE AUDITS. The books, records, dowments, and accounting procedures and practices of the CONTRACTOR relevant to this
contract shall be subject to examination by the contracting department and the Legislative Auditor.
XI. DATA PRACTICES
A. The CONTRACTOR agrees to comply with the Minnesota Data Practices Act as it applies to all data created, gathered or
acquired in accordance with this contract.
B. Any publicity given the program, publications or services provided resulting from this contract including, but not limited to,
notices, informational pamphlets, press releases, reseazch 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
shalt not be released prior to approval by the STATE's authorized agents, 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.
XII. AFFIRMATIVE ACTION. (When this contract is in excess of $50,000) CONTRACTOR certifies that it has received a certificate of
compliance from the commissioner of Human Rights puxsuant to Minnesota Statues, Section 363.073, and, it is hereby agreed between
the parties that Minnesota Statutes, Section 363.073, and Minnesota Rules, Parts 50003400 to 50003600 aze incorporated into this
contract by reference. A copy of Minnesota Stamtes 363.073, and Minnesota Rules, Part 50003400 to 50003600 is available upon
request from the STATE, or the Minnesota Department of Human Rights.
(St. Paul Emergency Response Team?
Page 6
��—�c��
XIII. WORKERS' COMPENSATION. CONTRACTOR certifies that it has complied with the workers' compensation insurance coverage
requirement of Minnesota Statutes, Section 176.181, subdivision 2.
Except, in accordance with the provisions of Minnesota Stamtes, Chapter 299A.51, Subdivision 2, durin� operations authorized under
section 299A.50, CON'I'RACTOR's employees operating outside their geo�raphic jurisdiction as defined in Clause XVI, Item D of this
contract are employees of the Department of Public Safety for purposes of Chapter 176. Covera�e is initiated once the team is activated
by the STATE, for operations authorized by the STATE, and the team is outside its geographic jurisdiction.
XIV. ANTITRUST. CONTRACTOR hereby assigns to the State of Minnesota any and al] claims for over charges as to goods and/or services
provided in connection with this contract resulting from antitrust violations which arise under the antitrust laws of the United States and
the ancitrust laws of the State of Minnesota.
XV. JURISDICTION AND VENUE. This contract, and amendmenu a�d supplements thereto, sha11 be govemed by the laws of the State of
Minnesota. Venue for all legal proceedings arising out of this contract, or breach thereof, shall be in the state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
XVI. OTHER PROVISIONS. (All Appendices A throuah G are hereby incorporated and made a part of this agreement.)
A. The STATE reserves the right, with the CONTRACTOR's approval, to extend this contract for up to an additional one and one-
half (1 1/2) years, in a minimum of one (1) year increments, from the expiration date of this contract.
B. Primary Response Area Boundaries: For purposes of Clause I, CONTRACTOR's primary response area boundaries are
established as described in Appendix A:
C. Secondary Response Area Boundaries: For purposes of Clause I, CONTRACTORs secondary response area boundaries are
established as described in Appendix B:
D. CONTRACTOR's Geo�raphic Jurisdiction: For purposes of Clauses iX and Xlll, CONTRACTOR's normal geoaraphic
jurisdiction is established as described in Appendix C:
E. STATE owned Vehicles, Trailers and Equipment Loaned to CONTRACTOR: STATE agrees to loan to CONTRACTOR the
hazazdous materials emergency response vehicles and equipment identified in Appendix D, in accordance with the following
terms and conditions:
1. CONTRACTOR may nse and have possession of the vehicles, trailers and equipment identified in Appendix D.
2. The STATE shal] retain title and legal ownership of loaned vehicles, trailers and equipment identified in Appendix
D, and provide for their replacement.
3. The STATE shall, upon request of CONTRACTOR, train at least one person designated by CONTRf�CTOR in the
proper handling, use and maintenance of the vehicles, trailers and equipment identified in Appendix D. The
STA1'E shall provide this training to CONTRACTOR'S personnel without cost, other than travel and related
expenses.
4. The STATE shall maintain all necessary inventory conh�ol records on the vehicles, mailers and equipment identi-
fied in Appendix D.
5. The STATE shall administer any manufacturer's warranry claims which may result during CONTRACTOR'S use
of the vehicies, Vailers and equiQment identified in Appendix D.
6. The STATE will provi@e CONTRACTOR with technical assistance as necessary regazdin� the proper handling,
use and maintenance of the vehicles, trailers and equipment identified in Appendix D.
7. CONTRACTOR shall keep and maintain the vehicles, trailers and equipment in proper operating condition.
8. CONTRACTOR shall resupply all disposable, expired and consumable components originally provided by the
STATE, and shall supply any other necessary disposable and consumable components not provided by STATE, at
(St.Paul EmergencyResponseTeam
Page 7
CONTRACTOR's expense.
��-��`I
9. CONTRACTOR shall be responsible for the cost of repairing or replacina vehicles, trailers and equipment which
have been lost, or 3n the opinion of the STATE, has been damaged due to abuse, misuse, or other cause outside the
scope of normal wear and tear incurred in routine proper use. The STATE shall determine whether the vehicles,
trailers and equipment shall be repaired or replaced.
10. CONTRACTOR shall be responsible for the costs of routine maintenance and repair in accordance with the
manufacturer's recommendations.
11. CONTRACTOR shall retum the vehicles, trailers and equipmert identified in Appendix D to the STATE upon
termination, exp'vation, or cancellation of the contract. All such items to be delivered or shipped to the STATE,
postage and hand(ing charges prepaid by CONTRACTOR.
12. CONTRACTOR shall not permit the vehicles, trailers and equipment to be tampered with or operated by individu-
als who are not trained in their proper handling and operation.
]3. CONTRAC'3'OR 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. CONTRACTOR shall bear the cost of any travel and
related expenses incurred by any person attending training.
14. The person(s) trained by the STATE in the proper use, handling and maintenance of the vehicles, trailers and
equipment shall provide that training to CONTRACTOR'S team members and other appropriate personnel.
] 5. CONTRACTOR shall make the vehicles, trailers and equipment avaiVable to personnel authorized by the STATE
when required for inventory or inspection purposes.
16. CONTRACTOR may make the decontamination shelter system and related equipment available to personnel
authorized by the STATE in order to facilitate training to other public safety agencies and personnel in its proper
handling, use and maintenance. CONTRACTOR is not requued by this contract to provide such training outsida _
of CONTRACTOR's own employees, but may do so at CONTRACTOR's discretion. (Note: Whenever equipment
is out of service CONTRACTOR must immediately notify the STATE.)
17. CONTRACTOR agrees to provide secure heated storage for vehicles, trailers and equipment identified in
Appendix D.
18. Insurance: CONTRACTOR agrees to provide the STATE a certificate(s) of_ insurance, or a siatement of self-
insunnce, naming the STATE as an additional insured under the policy(s) prior to the execution of this contract,
for the following coverage:
a. STATE Owned Vehicles and Trailers Loaned to CONTTtACTOR:
1) Automobile Physical Damage: CONTRACTOR agrees to provide automobile physical damage
(comprehensive and collision) covera�e on all vehicles loaned to CONTRACTOR by the STATE;
and,
2) Automobile Liabiliry (Nan-govemmental Entities): CONTRACTOR agrees to provide
automobile liability coverage, including hired and non-owned automobiles, of not less that $ I.0
million dollars combined single limit on all vehicles loaned to CONTRACTOR by the STATE;
or
3) Automobile Liability (Governmental Entities): CONTRACTOR agrees to provide automobile
liability coverage on al] vehides loaned to CONTRACTOR by the STATE. The limits of liability
for such coverage must be $20Q000 for bodily injury and property damage per person, and
$600,000 bodily injury and property damage per occunence.
b. CONTRACTOR Owned Vehides and Trailers:
(St. Paul Emergency Response Team)
Page 8
������
1) Automobi(e Liabitity (Non-governmental Entities): CONTRACTOR a�rees to provide
automobile liabi}ity coverage, includin� hired and non-owned automobiles, ofnot less than $].0
million dollars combined single limit on all CONTRACTOR owned or leased vehicles; or
2) Automobile Liabiliry (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 5200,000 for bodily injury and property dama�e per person, and s�600,000
bodily injury and property damage per occurrence.
c. STATE Owned Equipment Loaned to CONTRACTOR: CONTRACTOR agrees to provide "All Risk"
property floater insurance, or equivalent self-insurance, which provides replacement cost covera�e on all
STAT'E owned property loaned to CONTRACTOR by the STATE.
d. CONTRACTOR may recover the cost of such insurance from the STATE in accordance with Clause II,
Section A, Item le, ofthis A�reement.
Reporting Requirements - Annual 1 Semi-Annual:
In addition to the report required by Clause I, Section A, Item 9 of this Agreement, CONTRACTOR aarees to provide the
STATE with the followin� reports:
1. Annual Report: Not later than January 30 of each year, CONTRACTOR agrees to submit an annual 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 requirements of Minnesota Rules.
Chapter 7514.0600;
b. Certification that team members meet the medicai requirements of Code of Federal Regulations, Title 29.
Section 1910.120;
c. A detailed inventory of al] hazardous materials vehicles, equipment, and supplies loaned to CONTRACTOR
by the STATE, and owned by CONTRACTOR;
d. A list of team training activities including exercises, whether conducted by CONTRACTOR or another
jurisdiction, in which CONTRACTOR participated;
e. A cunent roster of team personnel which identifies each member's level of hazardous materials training; and
f. Any recommendations for enhancement or improvement of the regional response team proaram.
2. Semi-Annual Report: Not later than July 31 of each year, CONTRACTOR a�rees to submit a semiannual report to the
STATE which, at a minimum, contain the following information for the preceding six (6) month period:
a. A list of team training activities including exercises, whether conducted by CONTRACTOR or another
jurisdiction, in which CONTRACTOR participated;
b. A current roster of team personnel which identifies each member's level of hazardous materials training;
c. A detailed inventory of all hazardous materials vehicles, equipment and supplies loaned to CONTRACTOF.
by the STATE and owned by CONTRACTOR; and
d. Any recommendations for enhancement or improvement of the regional response team progran.
G. Point of Contact for Team Dispatching: CONTRACTOR agrees to maintain a single point of contact which will be used by the
STATE to dispatch CONTRACTOR. CONTRACTOR's single point of contact is established as identified in Appendix E.
(S[_ Paul Emergency Response Tean
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� ` �`'�
H. For purposes of this Agreement, the designees of the STATE'S Authorized A�ents are included as Appendix F of the
Agreement.
H. Forpurposes ofthis Agreement, CONTRACTOR's primary and alternate representative(s) to the Hazardous Materials Re�ional
Response Team Pro�ram Team Advisory Committee are included as Appendix G of the Agreement.
J. This instrument embodies the whole a�reement 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 a�reemenu,
either verbal or written, berv✓een the parties.
K. The failure of one party to enforce any provision of this Agreement shall not constitute a waiver by that party of that or any other
provision.
(SL Paul Emergenry Response Team
Page 10
APPENDIX A
Description of CONTRACTOR'S Primary Response Area
CONTRACTOR'S Primary Response Area is described as follows:
�'� _� 4 `�
As an Emergency Response Team, the entire Minnesota counties of Anoka, Benton, Carver, Chisago, Dakota, Hennepin, Isanti,
Kandiyohi, McLeod, Meeker, Ramsey, Renville, Scott, Sherburne, Sibley, Steams, Washina on, and Wright. In Mille Lacs County,
that area south of State Highway 23 and United States Highway 169 (inclusive) west.
As a Chemical Assessment Team, the entire Minnesota counties of Dakota and Washina on. In Ramsey County, all areas except the
City of Mounds V iew.
(St. Paul Emergency Response Team)
Page 1l
APPENDIX B
Description of CONTRACTOR'S Secondary Response Area
CONTRACTOR'S Secondary Response Area is described as follows:
The entire state of Minnesota not identified as the CO�ITRACTOR'S Primary Response Area in Appendix A.
R�-��`�
(St.Paul EmergenryRespOnse7'eam
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APPENDIX C a t ' ( � �
Description of CONTRACTOR'S Normal Geo�raphic Jurisdiction
CONTRACTOR'S normal geographic jurisdiction is described as follows:
For purposes of this a3eement, CONTRACTOR'S normal geoaraphic jurisdiction is the corporate limits of the City of St. Paul.
(St. Paul Emergency Response Tearr
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ITEM
APPENDIX D
List of STATE Owned Vehicles, Trailers and Equipment L,oaned to CONTRACTOR
Reference Material
ACGIH Threshold Limit Values and Biological Exposure Indices
Agricultural Chemicals Book - Volumes 1 throu�h 4
A�riculturnl Directory and Hazard Response Handbook
Association of American Railroads Emergency Action Guides
Association of American Railroads Tank Car Manual
CHR1S Hazardous Chemical Data Manua1
Comprehensive Guide to Hazardous Properties ofChemical Substances
Crop Protection Chemical Reference
DOT Emer�ency Response Guidebook
Emergency Care for Hazardous Materials Exposure
Emer�ency Handlin� of HazaTdous Materials in Surface Transportation
Farm Chemicals Handbook
Firefighter's Handbook of Hazardous Materials
Firefighter's Hazazdous Materials Reference Book and Index
General American Tank Car Company (GATX) Tank Car Manual
C,uidebook for the Safe Cise of Hazardous Ag. Farm Chemicals & Pesticides
Handbook of Compressed Gases
Hawley's Condensed Chemical Dictionary
Hazardous Chemicals Desk Reference
Hazardous Materials Exposure: Emergency Response and Patient Care
Hazardous Materiais Injuries: A Handbook for Pre-Hospital Care
NFPA Fire Protection Guide on Hazardous Materials
NIOSH Pocket Guide tn Chemical Hazards
SAX's Dangerous Properties of Industrial Materials
Symbol Seekers
The Pesticide Book
Huardous Materials Regional Response Team Program Suggested Operating
Guidelines and Administrative Procedures Manual
Decontamination Equipment
Astro Turf Mats
Brushes, SoR Bristle Long Handle
Decontamination Sheiter System (Components)
Air Bottle Regulator
Hot Water Heater
Disposable Poo!
Garden Hose, 25 ft. sections wdth Connector
Heaters
Multiple Shelter Connecting Unit
Pressure Control Unit
Shelter, Compartmentalized
Shelter, Open Interior
Shower, Iruide
Shower, Outside
Spray Wand
TentStakes
Caz Wash Brushes with Gazden Hose Connection
Patay Diaphragm Pump, with Hoses and 1 Extra Set Nitril Diaphragms
Steel Salvage Drum, 30 gal
CAT QUANTITY
1
1
1
I
1
1
I
1
1
1
1
1
1
1
1
1
1
I
1
1
1
1
1
1
I
1
3
3
I
1
4
2
2
i
2
]
1
1
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1
16
2
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ERT QUANTITY
7
1
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1
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1
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(St. Paut Emergency Response Team;
Page 14
Emer�ency Eyewash Kit, Saline Solution
Folding Chairs or Stools
Foldina Table, 72" x 30"
Folding Table, 60" x 30"
Foot Stools/Step - Plastic
Li�htin� System - Flood, with Generator (6K)
Personal Protective Equipment
MSA Ultra Twin Air Purifyin� Respirators, with 30 GME-H Canisters
Air Purifying Respirator Fit Test Kit
Air Purifyina Respirator Fit Test Tent
Chemical Resutant Boou , ElecROStatic D'usipatin�
Gloves, Assorted Materia]s - Buryl, Neoprene, Niuile, PVC, Viton, Kevlar
Neoprene/Niirile
Silver Shield / 4-H
PVC 1 Nitrile
Viton
Kevtar
Sol-V¢x Nitril
Goggles
Hard Hats / Rescue Helmets
Leve] A Kappler Reflector Encapsulating Suits
Level A Kappler Responder Plus Encapsulating Suits
Level B Kappler Responder Encapsulating Suits
Level B Kappler CPF 3 Non-Encapsulating Suits
Level B Kappler CPF 2 Non-Encapsulating Suits
Level C Kapler Disposable Suits
Level A Training Suits
Suit Test Kit
Vinyl Gloves
Kappler Computerized�Chemical Permeation Suit Selection Guide
Leak Control Supplies and Equipment
Air Bag System
Bonding and Grounding Equipment
Chlorine "A" Kit
Chlorine "B" Kit
Chlorine °C' Kit
Dome Cover Clamps
Drum Repair Kir
Drum Upender
Pipe Repair Kit
Sulfur Dioxide Gasket Kit
Radio and Other Communications Equipment
Cellular Phone, Dual Nam
Cetlular Phone/Far System
Mobile Radio - 100 watt
Portable Radio - 5 watt
Portable Radio - 5 watt Intrinsically Safe
Portable Radio Gana Charger
Portable Radio Single Charber
Portable Radio Spare Batteries
In-Suit Communications Equipment
Computer EquiQmendSoftware
]
6
1
1
2
I
6
I
1
12 pr.
12 pr
12 pr.
12 pr.
12 pr.
12 pr.
24 pr.
6 pr.
6
2
4
4
20
24
1 cs.
2
I
2 bxs.
1
1
I set
1
i
1
1
3
I
1
3
1 set
�j'1- `1 C �-�
12 pr.
12 pr.
24 pr.
12 pr.
12 pr.
12 pr.
24 pr.
9 pr.
9
4
8
9
12
1 cs.
4
1
I
1
1
1 set
1
1
1
1
1
1
5
3
2
1
8
2 sets
(St. Paul Emergency Response Tearr
Pa�e li
ALOHA SoRware
ARCHIE Software
CAMEO Windows and Supporting Maps
IBM Compatible PC, Printer and Modem
Monitoring and Detection Equipment
Air Sampling System
SpilFyter Kit
HazCat Kit
Colorimetric Detection Tube Kit
Dosimeters
Draeger CMS Kit
Drum Samp]er - Coliwasas Tubes
4 Gas Monitor
4 Gas Monitor Calibration Gas Kit
Toxic Gas Monitor
Toxic Gas Monitor Calibration Gas Kit
Radiological Monitor - Victoreen
Radiological Monitors - Civil Defense
WeatherPak Meteoro]ogical Station
Basic Suppression Equipment
Polar/Non-Polar Foam (100 gal.)
Class D Powder
Foam Eductor
Foam Application Noule - ATFF / ATC
Foam Application Nozzle - 20:1
Mitigation Supplies
Citric Acid, 30 gals.
Soda Ash, 401b. ba�s
Spill-X Acid Neutralizer, 5 gal.
Spil]-X Caustic Neutralizer, 5 gal.
Spill Containment Supplies and Equipment
Absorbent Booms/Pads/Pillows
Containment Boom - 75 ft.
Drysorb Type Absorbent, 401b.
Lab Packs
Magic Sorb, 25 Ib. bags
Plug-N-Dike ! Bentonite Clay, 5 aal. pail
Poly Overpack Drum, 95 gal.
Poly Overpack Drum, 65 gal.
Spilstopper Drain Cover Mat
Steel Salvage Drum, 85 gal.
Steel Salvage Drum, 55 gal.
Steel Salvage Drum, 30 gal.
Steel Salvage Dmm, 15 gal.
Steel Salvage Drum, 8 gat.
Two Wheel Drum Truck
Assorted Non-Sparking and Hand Tools
Crescent Wrench, 12 "
Dead Blow Hammer
Drum Bung Wrench
Mallet, Wood
Mal]et, Rubber
1
1
1
1
I
1
1
I
3
1
3
1
1
1
I
1
2
1
I
1
]
1
1
- - - - — — 1 - -
3
i
1
1 set
1
4
1 set
2
1
1
I
1
1
1
1
1
I
1
1
�t,�1-�(� `-�
I
I
1
1
1
1
1
1
1
I
1
1
(St. Paul Ertecgency Response Team
Page 16
a -� -� �y
Non-sparking Scoop Shovels
Non-spazkin� Square Nose Shovels
Pinch Bar, 18"
Pipe Wrench, 24"
Pipe Wrench, 36"
Scraper
Screw Driver, Strai�ht Tip
Steel Spade Shovels
Taol Box
2
2
4
2
2
1
2
2
7
1
4
1
Basic First Aid Supplies
Blood Pressure Cuff
Disposable Bag Mask Resuscitator
Disposable Oxygen Administration Mask and Tubing Sets
Emergency Medical Trauma / Medical Kit and Supplies
Portable Demand Valve Resuscitator, wiryh Spare "D" Cylinder
Portable Suction Device
Stethoscope
Incident Management and Administrative Supplies and Equipment
ICS Vest System
Vehicle and Trailer
16 Foot Pace American Hazardous Materials Equipment Trailer and Components
Electric Trailer Jack
Emergency Light Warning System
Metal Shelving
Propane Boitles, 90 Ib
Emergency Response Vehicle
Electric Cord Ree1s with 50'Cord __. --___- --
Emergency Light Warning System
Fire Hose, 300' 1 3!4"
Flood Lights - Permanenet Mount
Flaod Lights - Tripod
Nose Adaptors, 2 I/2" to 1 3/4"
Refrigerator
RoofLadder, 12'
Siren System
Step Ladder - Fiberglass, 6'
StrearnLite Hand Lanterns
Whee1 Chocks
White Board
_ 2
_ 2
- I set
_ �
_ �
_ i
_ z
1 1
1
1
1
2
2
1
2
1
1
1
2
2
1
1
1
I
4
2 sets
I
(St. Paul Emergenty Respon5e Team
Pa�e 1 i
APPEtSDIX E
Description of CONTRACTOR'S Single Point of Contact for Team Dispatchin�
CONTRACTOR'S single point of contact for purposes of team dispatching is described as fol]ows:
��,���
For purposes of this agreement, CONTR.�tCTOR'S single point of contact for purposes of tezm dispatching is located at the St. Paul
Depamnent of Fire and Safety Services, Emergency Communications Cener, 100 East Eleventh Street, St. Paui, Minnesota, 5� ] O1.
The 24 hour emergency telephone number for puposes of team dispatching is (612) 228-6289.
The non-emergency telephone number is (612) 224-7374.
The person responsible for operation of CONTRACTOR'S single point of contact is Tim Butler, Fire Communications Chief, City of
St. Paul Department of Fire and Safety Services, ]00 East Eleventh Street, St. Paul, Minnesota, 55101.
(St. Paul Emergency Response Teaml
Page ]8
APPENDIX F
List of Designees of the STATE'S Authorized A�ents
STATE'S Authorized Agents:
Thomas R. Brace
James D. Franklin
Desi�nees of STATE'S Authorized Agenu:
Bob Dahm
Ed Leier
Kevin Leuer
Authority of Desi�ees:
Clause II, Section A, Item 2
Clause II, Section A, ICem 4
Clause II, Section B, Item I
Clause XI, Section B
State Fire Marshal
Director - Division of Emer�ency Management
MN State Pire Mazshal Division
MN Division of Emergency Management
MN Aivision of Emergency Mana�ement
a � , � C�`�
Authorization to approve Contractor's Compensation budget deviations of 20% or ]ess.
Authorization to approve Emergency Response Compensation in excess of $5,000.00.
Authorization to approve invoices for Contractor's Compensation and Emergency
Response Compensation.
Authorization to approve publicity or publications prepared by or for the
CONTRACTOR.
The undersigned hereby delegate the authorities listed above to thase persons ]isted as Designees of STATE'S Authorized Agents
These authorities are delegated until revoked in writing.
Thomas R. Brace
Minnesota State Fire Mazshal
James D. Franklin
D'uector - Minnesota Division of Emergency Management
Date
Date
(SL Pau! Emergency Response Teaai
Page 19
APPENDIX G
List of CON'IRACTOR'S Primary and Altemate Respresentatives
to the Hazardous Materials Regional Response Team Program
Team Advisory Committee
�� -'1 � `�
CONTRACTOR'S primary and altemate respresentatives to the Hazardous Materials Regional Response Team Proaram Team Advisory
Committee aze as follows:
I. Prunary Representative
Floyd LeCuyer, Captain
St. Paul Fire Department
100 East Eleventh Street
St. Paul, Minnesota 55101
II. Alternate Representative(s)
Donato Bataglia, District Chief
St. Paul Fire Deparhnent
100 East Eleventh Street
St. Paul, Minnesota 55101
Christopher Cook, Captain
St. Paul Fire Department
100 East Eleventh Street
St. Paul, Mirmesota 55101
(St. Paul Emergency Response Team)
Page 20
n � L ��
IN WITNESS WHEREOF, the parties have caused this contract to be duly exewted intending to be bound thereby. �i J�
APPROVED:
By
� iJ�-�--�
Title
Director of Financial Services
Date �� � � � �
Director, Human Rights
2. STATE AGENCY:
By
Iitie
Date
As to form and execution by the
3. ATTORNEY GENERAL:
ay
TiHe
Da[e
4. COMMISSIONER OF ADMINISTRATION:
BY �
TiHe
Date
Distribution:
Agency - Original (fully executed) contract
Depamneni of Administration
Contractor
State Authorized Representative
(St. Paul Emergency Response Tearn �
Pa�e 22
1. CONTRACTOR:
CONTRACTOR certifies that the appropriate person(s) have
executed the contract on behalf of the CONTRACTOR as
required by applicable articles, by-laws, resolutions, or
ordinances.