HomeMy WebLinkAbout07-220
AUGUST 14, 2007
07 -220
RESOLUTION
(CARRIED 6-0
LOST
LAID OVER
WITHDRAWN
PURPOSE:
APPROVE HAZMA T AGREEMENT
INITIATED BY:
FIRE DEPARTMENT
BE IT RESOLVED by the Common Council of the City of Oshkosh that the
Extended Contract for Regional Response Team Services between the City of Appleton,
the City of Oshkosh and the State of Wisconsin Department of Military Affairs (on file in
the City Clerk's office) is hereby approved and the proper City officials are hereby
authorized to execute and deliver the agreement in substantially the same form as
attached hereto, any changes in the execution copy being deemed approved by their
respective signatures, and said City officials are authorized and directed to take those
steps necessary to implement the terms and conditions of the Agreement.
BE IT FURTHER RESOLVED that the appropriate city officials are hereby
authorized to enter into extensions of this same agreement so long as the extensions are
in substantially the same form as the approved agreement and the amount of
compensation for the service is no less than proposed under this agreement.
':
EXTENDED
CONTRACT FOR
REGIONAL HAZARDOUS MATERIALS
RESPONSE TEAM SERVICES
JULY 1,2007 THROUGH JUNE 30, 2009
Between
STATE OF WISCONSIN
DEPARTMENT OF MILITARY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
And
CITY OF APPLETON, WISCONSIN
CITY OF OSHKOSH, WISCONSIN
ALSO COLLECTIVELY REFERRED TO AS THE
NORTHEAST WISCONSIN HAZMAT TASK FORCE
DATE: June 30, 2007
EXTENDED CONTRACT FOR REGIONAL HAZARDOUS MATERIALS
RESPONSE TEAM SERVICES
1.0 General Contract Information
1.1 Parties: This extended contract is between the State of Wisconsin, Department of Military
Affairs, Division of Emergency Management (hereinafter "Division") and the City of
Appleton, Wisconsin and the City of Oshkosh, Wisconsin also collectively referred to as the
Northeast Wisconsin Hazmat Task Force (hereinafter "Contractor") Jor the provision of
regional hazardous materials response team services as described herein and authorized
under 1991 Wisconsin Act 104, as codified in ~ 166.215 of the Wisconsin Statutes.
1.2 Recitals: WHEREAS, in order to protect life and property against the dangers of
emergencies involving hazardous materials, the Division may assign and make available for
use in any county, city or district, a regional hazardous materials response team.
WHEREAS, the Division desires to enter into this Agreement to establish Contractor as a
Regional Hazardous Materials Response Team, and Contractor desires to be so designated
and to enter into this Agreement.
HOWEVER, the parties expressly recognize and attest by this Agreement that neither party
intends to create or to assume fiduciary responsibilities to provide for the containment,
cleanup, repair, restoration and investigation of the environment (air, land and water) in a
Hazardous Substance Incident, which name(d responsibilities are and shall remain the sole
obligations of the Wisconsin Department of Natural Resources under SS292.11 and
166.20(4), Wis. Stats.
1.3 Contract Term: This Agreement shall continue from the date indicated on the notice of
intent to award and shall be extended for an additional two years commencing July 1,2007
through June 30, 2009.
2.0 Defmitions
2.1 Definitions: The following definitions are used throughout this Agreement:
Agreement means this extended Contract, together with the Notice of Intent to Award,
Exhibits and Addenda. Exhibits and Addenda include the following:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Request for Proposal and Addenda
Northeast Wisconsin Hazmat Task Force Proposal
Notice of Intent to Award
Primary Response Area
Two-year Budget
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State means the State of Wisconsin.
Department means the State of Wisconsin, Department of Military Affairs.
Division means the Division of Emergency Management.
Regional Team means one of the eight (8) fire departments chosen by the Division to
provide regional Level A hazardous materials response that meets the standards under 2:9
CFR 191O.120(q)(6)(iv), as further amended. Under S166.215(1), Stats., the Division ma.y
only contract with public organizations.
Contractor means the City of Appleton, Wisconsin and the City of Oshkosh, Wisconsin also
collectively referred to as the Northeast Wisconsin Hazmat Task Force by which service or
services will be performed under this Agreement.
Emergency means a situation which presents an imminent risk to public health, safe~y
and/or the environment.
Level A Release means a release that meets the specifications under S 166.20(1 )(ge) of the
Wisconsin Statutes.
Incident means any actual or imminent threat of release, rupture, fire or accident that results,
or has the potential to result, in the loss or escape of a hazardous material into the
environment.
Local Government Agency means a city, county, district or subdivision thereof.
Primary Response Area means the geographical region where the Contractor is principally
responsible for providing regional hazardous response team services.
Regional Hazardous Materials Response Team means the Contractor and/or designated
employees of the Contractor who are expected to respond to, control, and/or stabilize the
actual or potential emergency release(s) of hazardous substances.
Responsible Party means the person(s), as defmed in 42 U~S:C. S9606 and S9607, who
possessed or controlled a hazardous substance which was discharged or who caused the
discharge of a hazardous substance or who caused a potential release of a hazardous
substance which caused the emergency to which Contractor has responded.
3.0 Statement of Work
3.1 Services to be provided by Contractor: During the term of this Agreement, the
Contractor agrees to provide regional hazardous response team services within the
boundaries of Contractor's assigned Primary Response Area as described in Exhibit D,
attached hereto and incorporated by reference herein.
Contractor's response activities under this Agreement shall be limited to emergency
operations, reporting and documentation of activities arising from hazardous materials
releases/incidents which threaten life, property and/or the environment. Contractor shall not
provide under this Agreement any services with respect to the sampling, testing, analysis,
treatment, removal, remediation, recovery, packaging, monitoring, transportation,
movement of hazardous materials, cleanup, storage and disposal of hazardous materials
except as these may be reasonably necessary and incidental to preventing a release or threat
of release of a hazardous material or in stabilizing the emergency response incident, as
determined by the Contractor.
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Contractor shall establish safety perimeters at or near sites and vessels. Contractor shall not
be required to locate underground utilities, insure appropriate traffic control services,
conduct hydrological investigations and analysis, or provide testing, removal and disposal
of underground storage tanks at or near the emergency response incident to which the
Contractor is dispatched.
The Division and Contractor make no representations to third parties with regard to the
ultimate outcome of the hazardous materials services to be provided, but Contractor shall
respond to the best of its abilities, subject to the terms of this Agreement.
3.2 Performance Conditions: Contractor acknowledges that prior to undertaking any
emergency response activity under this Agreement, Contractor shall receive written
approval from the Division to proceed with response activities. Division approval shall be
conditioned upon the Contractor demonstrating to the Division that its employees,
equipment, and vehicles meet or exceed applicable regulatory requirements.
3.3 Personnel: Contractor shall provide an adequate number of trained, medically monitored,
competent, and supervised personnel as established by Contractor and as is reasonably
necessary to operate within the safety levels of a regional hazardous materials response
team.
3.4 Vehicles and Equipment: Contractor shall limit its activities to that which can be safely
accomplished within the technical limitations of the available vehicles and equipment.
Contractor may use Level A equipment and vehicles for Contractor's local use, however,
Contractor agrees that in the event of multiple responses, said equipment which is already
not committed to a prior response shall be used on a priority basis to respond to a Level A
release.
3.5 Vehicle and Equipment Use Limitations: This Agreement in no way limits the
Contractor from responding with Level A vehicles, equipment and supplies under local
authority, mutual-aid Agreements, or other contracts under local authority.
3.6 Response Procedures and Limitations: Contractor recognizes that its obligations under
this Agreement are paramount to the State of Wisconsin. Contractor agrees that if local fire
response obligations in Contractor's own jurisdiction create limits or unavailable resources
within the Primary Response Area, Contractor will seek aid from local jurisdictions to assist
in local fire response obligations in Contractor's own jurisdiction.
Contractor's obligation to provide services hereunder shall arise, with respect to specific
response actions, upon receipt of an emergency response request pursuant to Standard
Operating Guidelines provided in Subsection 3.8 herein.
3.7 Right of Refusal: If, on occasion, a response under this Agreement would temporarily
place a verifiable undue burden on the Contractor because Contractor's resources are
otherwise inadequate or unavailable and mutual aid is unavailable for a level A response
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within Contractor's Primary Response Area, then if notice has been provided to the
Division, the Contractor may decline a request for regional emergency hazardous material
response.
3.8 Standard Operating Guidelines: Contractor and Division agree that regional response
team operations will be conducted in accordance with Standard Operating Guidelines and
"CallOut Procedure" that will be mutually approved by the parties to this Agreement.
4.0 Contractor Subsidy and Reimbursement
There are two types of Contractor costs under this Agreement: (1) Standby Costs, and (2)
Team Response Costs. Each of these are discussed more fully below.
4.1 Standby Costs: As provided under SI66.215(1) of the Wisconsin Statutes, Contractor will
be subsidized annually, commencing fiscal year 2007/08, under this Agreement for its
approved standby costs as described in "Exhibit E", attached hereto and incorporated by
reference herein. Said payments to regional emergency response teams for standby costs
shall be made from the appropriation account under S20.465(3)(dd) of the Wisconsin
Statutes. Such standby costs include, but are not limited to:
(1) Specialized Training Expenses: The Division shall, subject to avaitable funding,
provide advanced training and education to Contractor's employees. Requests for
such training must be approved by the Division in advance.
All such other training must comply with the governmental regulations associated
with assigned duties under this Agreement. Such costs may include training,
personnel costs, and per diem/travel expenses in accordance with the State rates.
Where the Contractor demonstrates that its employees already meet or exceed
Division-approved standards, then the allocated training funds shall be authorized
for transfer within the Contractor's account.
(2) Medical Surveillance: Contractor shall provide Baseline, Maintenance and Exit
Physicals for each regional hazardous material response team member.
(3) Response Vehicle(s) and Equipment Purchases: Standby costs provide for
necessary equipment and supply purchases of Level A vehicle(s), supplies and
equipment by Contractor. Where Contractor has obtained the required equipment
contained on the Division-approved minimum required equipment list, allocated
funds may be authorized for transfer within the Contractor's account. Title to any
equipment purchased or fabricated pursuant to this Agreement shall be vested in
Contractor. Such title shall be vested in the Contractor upon acquisition of the
equipment or as soon as feasible thereafter.
The Division and Contractor acknowledge and agree that a primary project goal of
the regional hazardous materials response team is to standardize Level A vehicles
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and equipment on a statewide basis.
4.2 Standby Cost Expenditures: It is the intent of the Division that funds allocated under
Subsection 4.1 of this Agreement shall supplement existing, budgeted moneys of the
Contractor to provide the services specified herein and may not be used to replace, decrease
or release for alternative purposes the existing, budgeted moneys of or provided to the
Contractor.
Further, the Division intends that funds allocated under Subsection 4.1 of this Agreement
shall not be used by the local government agency to supplement, offset, replace, decrease or
release any budgetary obligations for other municipal departments not directly connected or
attached to Contractor.
Contractor shall submit to the Division, on an annual basis, an itemized list documenting
expenditures made with standby funding. Said documentation will be mailed by Contractor
to the WEM Administrator at the address noted in Subsection 7.17 herein.
4.3 Team Response Costs and Reimbursement: Pursuant to S166.215(2) of the Wisconsin
Statutes, Contractor shall be reimbursed for reasonable and necessary. team response costs
incurred in responding to a Level A release under this Agreement. Such team response costs
may include, but are not limited to:
(1) Reimbursement for use of Vehicle(s) and Apparatus: Contractor shall be
reimbursed for the approved use of its vehicles and equipment at the rates provided
in "Exhibit B It to this Agreement.
(2) Personnel Expenses: Contractor's team response personnel expenses which are
approved and authorized under this Agreement are reimbursable at the rates
described in "Exhibit B". Team response personnel expenses shall be billed to the
nearest one-fourth (1/4) hour work period. Personnel expenses may reflect
replacement personnel costs and indirect charges/costs for wage, fringe, death and
duty disabilhy retirement benefits.
(3) Emergency Expenses: Contractor's necessary and reasonable emergency
expenses related to services rendered under this Agreement are reimbursable. All
such expenses must be based on actual expenditures and fully documented by the
Contractor. The Division reserves the right to deny any reimbursement of
unjustifiable Contractor expenditures.
Pursuant to S166.215(2) Wis. Stats., Contractor shall be reimbursed by the Division for its
necessary and reasonable emergency response costs and expenses related to services
rendered under this Agreement.
Such reimbursable team response costs shall be limited to amounts collected by the
Division pursuant to S 166.215(3), Wis. Stats. and, under certain conditions, pursuant to the
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amounts appropriated under S20.465(3)(dr), Stats. Contractor shall be reimbursed by the
Division in accordance with Subsections 4.4 and 4.6 herein.
4.4 Direct Collection of Team Response Costs by Contractor: In addition to Division
reimbursement addressed in Subsections 4.2 herein, Contractor may elect to collect team
response costs directly from the Responsible Party(s) and/or seek reimbursement for local
agency response pursuant to S 166.22 of the Wisconsin Statutes.
4.5 Where No Responsible Party Can Be Identified or the Responsible Party is Unable to
Pay Team Response Costs: As previously mentioned in Subsection 4.2 and upon the
election of Contractor, the Division shall bill the party(s) responsible for causing the
hazardous materials emergency for total emergency response costs. Where there is no
identifiable Responsible Party, or if the Responsible Party is unable to pay, the Division
agrees to reimburse Contractor's Team response costs from the emergency response
supplement created under S20.465(3)(dr), Stats., only if the regional emergency response
team has made a good faith effort to identify the person responsible under S166.215(3),
Stats., and that person cannot be identified, or, if that person is identified, the team has
received reimbursement from that person to the extent that the person is fmancially able or
has determined that the person does not have adequate money or other resources to
reimburse the regional emergency response team. To seek Division reimbursement from the
emergency response supplement created under S20.465(3)(dr), Stats., Contractor must
comply with all Division-approved reimbursement procedures and/or duly enacted
Administrative Rule(s) as well as the billing system requirements provided under
Subsection 4.6 herein.
4.6 Maximum Contract Subsidy: This Agreement shall have a maximum contract subsidy of
$198,202.00 per annum for stand-by costs as described in "Exhibit E" to this Agreement.
The Division certifies that sufficient funds are available and authorized within the
Division's current appropriation or limitation. The maximum contract subsidy does not,
however, include Contractor's team response costs as specified in Subsection 4.2 of this
Agreement.
No additional Contractor subsidy or reimbursement shall be paid or any additional demands
placed on Contractor under this Agreement unless otherwise specifically agreed to by the
Division and the Contractor, and upon written amendment to this Agreement. The
Division's reimbursement(s) shall be full payment for work performed or services rendered
and for all labor, materials, supplies, equipment, and incidentals necessary to complete the
work authorized under this Agreement. Acceptance of payment by the Contractor shall
operate as a release of the Division of all claims by Contractor for reimbursement of team
response costs except where partial payment has been made due to limitations of the
Division funds under 9166.215(2), the amounts appropriated under ~20.465(3)(dr) and
subject to further payment as set forth above.
4.7 Billing System for Division Reimbursement of Team Response Costs: Contractor will
provide an estimate of team response costs to the Division within ten (IO) working days of
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the response. If the Contractor seeks Division reimbursement under S 166.215(2), or from
the emergency response supplement created under S20.465(3)(dr), Wis. Stats., Contractor
shall file a Notice of Intent with the Division for response costs within thirty (30) days of
the response. The Division will not bill responsible parties or reimburse Contractor from the
emergency response supplement created under S20.465(3)(dr), Stats., unless it receives an
invoice from the Contractor. Contractor's claim for reimbursement shall contain such
documentation as is necessary to support the Division's cost-recovery operations and
financial audits. The Division agrees to bill responsible parties for team response costs and
may bill for the total emergency response costs. Team response costs include such items as
vehicle and equipment use, expendables and personnel costs. In addition, team
administrative costs may be billed as part of the emergency costs.
The Division shall bill identified Responsible Party(s) within thirty (30) days of receipt of
Contractor's invoice. Contractor's team response costs shall be collected by the Division
from the Responsible Party(s) before payment is made to the Contractor. Thereafter, if the
Division successfully recovers payment from the Responsible Party(s) it shall first be used
to pay the Contractor's team response costs, if these have not been paid in their entirety, then
applied to the Division's administrative costs. Any remaining funds will be used to pay
emergency response costs as billed. Contractor agrees to cooperate with the Division as is
reasonable and necessary in order to allow the Division to bill third parties and pursue cost
recovery actions.
If a disputed billing is resolved in favor of the responsible party(s), then the Contractor shall
not be required to reimburse the Division for payments previously made.
Where there is no identifiable Responsible Party, or if the Responsible party is unable to
pay, the Division agrees to reimburse the Contractor's team response costs from the
emergency response supplement created under S20.465(3)(dr), Stats., within thirty (30) days
of receipt of Contractor's invoice and complete documentation. Contractor's claim for
reimbursement from the emergency response supplement created under S20.465(3)(dr),
Stats., shall contain such documentation as is necessary to support the Contractor's good
faith effort to identify the Responsible party or to collect response costs from a Responsible
Party(s) that is unable to pay. Further, Contractor shall comply with all Division-approved
reimbursement procedures and/or duly enacted Administrative Rule(s).
4.8 Approval: Contractor, when acting under this Agreement, may not respond without
following the Division-approved "CallOut Procedure". Granting of response approval by
the Division of Emergency Management's Duty Officer constitutes the Division's agreement
to pay Contractor's team response costs under S166.215(2), Wis. Stats. Contractor agrees to
make reasonable and good faith efforts to minimize Responsible Party and/or Division
expenses.
4.9 Retirement System Status and Tax Payments: Contractor and its employees are not
entitled under this Agreement to Division contribution for any Public Employees
Retirement Withholding System benefit(s). Contractor shall be responsible for
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payment/withholding of any applicable federal, Social Security and State taxes.
4.10 Worker's Compensation: A member of a regional hazardous materials response team
who is acting under the scope of this Agreement is an employee of the State for purposes of
Worker's Compensation under S166.215(4) of the Wisconsin Statutes.
4.11 Payment of Contractor's Obligations: Contractor agrees to make payment promptly, as
just, due and payable to all persons furnishing services, equipment or supplies to Contractor.
If Contractor fails, neglects or refuses to pay any such claims as they become due and for
which the Division may be held liable, the proper officer(s) representing the Division, after
ascertaining that the claims are just, due and payable, may, but shall not be required to, pay
the claim and charge the amount of the payment against funds due Contractor under this
Agreement. The payment of claims in this manner shall not relieve Contractor of any du1y
with respect to any unpaid claims. .
4.12 Dual Payment: Contractor shall not be compensated for work performed under this
Agreement by any state agency or person(s) responsible for causing a hazardous materiaJls
emergency except as approved and authorized under this Agreement.
5.0 Liability and Indemnity
5.1 Scope: During operations authorized by this Agreement, Contractor and members of
regional hazardous materials response teams shall be agents of the State and protected and
defended against tort liability under S166.03(8)(e), Wis. Stats. For purposes of S895.46(1),
Stats., members of the hazardous materials response team shall during authorized
operations be considered agents of the State and the State will indemnify Contractor as
required under S895.46(1), Stats. For purposes of this section, operations means activities,
including travel, directly related to a particular emergency response involving a hazardous
material response/incident by a regional hazardous materials emergency response team.
Operations also include advanced training activities provided under this contract to the
members of a hazardous materials response team, but does not include travel to and from
the training.
5.2 Civil liability exemption; regional and county emergency response team: Under
S895.483 Wis. Stats., 1) a regional emergency response team, a member of such a team, and
a local agency, as defmed in SI66.22(l)(c), that contracts with the Division for the
provision of a regional response team, are immune from civil liability for acts or omissions
related to carrying out responsibilities under a contract under S 166.215(1); 2) a coun~y
emergency response team, a member of such a team, and the county, city, village or town
that contracts to provide the emergency response team to the county, are immune from civil
liability for acts or omissions related to carrying out responsibilities pursuant to a
designation under S166.21(2m)(e); and, 3) a local emergency planning committee created
under S59.07(146)(a)1, Stats., that receives a grant under S166.21 is immune from civil
liability for acts and omissions related to carrying out its responsibilities under S166.21.
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5.3 Statutory Civil Immunity: 9895.48(2) of the Wisconsin Statutes provides that a person is
immune from civil liability for good faith acts or omissions related to assistance or advice
which the person provides relating to an emergency or a potential emergency regarding
either of the following:
(1) Mitigating or attempting to mitigate the effects of an actual or threatened
discharge of a hazardous substance.
(2) Preventing or cleaning up or attempting to prevent or clean up an actual or
threatened discharge of a hazardous substance.
(3) Any hazardous substance predictor or any person who provides the technology
to enable hazardous substance predictions to be made is immune from civil liability
for his or her good faith acts or omissions in making that prediction or providing
that technology.
The good faith of any hazardous substance predictor or any person who provides the
technology to make a prediction is presumed in any civil action. Any person who asserts
that the acts or omissions under subdivision three (3) above were not made in good faith has
the burden of proving that assertion by clear and convincing evidence.
Under S895.48(2)(c)(3) of the Wisconsin Statutes, statutory civil immunity does not extend
to acts or omissions which constitute gross negligence, or involves reckless, wanton or
intentional misconduct. This is not intended to modify any right or duty under 9895.48,
Stats.
Additional terms, defmitions and exceptions to this statute are explained in S895.48 of the
Wisconsin Statutes.
5.4 Contractor Indemnification of State: When acting as other than an agent of the Division
under this Agreement, and when using the State's or Division's vehicles or equipment, the
Contractor shall indemnify, defend and hold harmless the State, Division, its officers,
Divisions, agents, employees, and members from all claims, suits or actions of any nature
arising out of the activities or omissions of Contractor, its officers, subcontractors, agents or
employees.
6.0 Insurance Provisions
6.1 Public Liability and Property Damage Insurance: Contractor shall maintain, at its own
expense, and keep in effect during the term of this Agreement, public liability and property
damage insurance against any claim(s) which might occur in carrying out this Agreement.
Minimum coverage is five hundred thousand dollars ($500,000) liability for bodily injUIY
and property damage including products liability and completed operations.
If Contractor is self-insured or uninsured, a Certificate of Protection in Lieu of an Insurance
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Policy shall be submitted to the Division certifying that Contractor is protected by a Self-
Funded Liability and Property Program or alternative funding source(s), attached hereto as
IIExhibit G". The Certificate is required to be presented prior to commencement of this
Agreement.
6.2 Automobile Liability: Contractor shall obtain and keep in effect automobile liability
insurance for its respective vehic1e(s) during the term of this Agreement. This coverage
may be written in combination with the public liability and property damage insurance
mentioned in Subsection 6.1. Auto liability coverage limits shall not be less than two
hundred fifty thousand dollars ($250,000) bodily injury each person, five hundred thousand
dollars ($500,000) per occurrence and two hundred fifty thousand dollars ($250,000)
property damage each occurrence or five hundred thousand dollars ($500,000) combined
single limit.
If Contractor is self-insured or uninsured, a Certificate of Protection in Lieu of an Insurance
Policy shall be submitted to the Division certifying that Contractor is protected by a Self-
Funded Liability and Property Program, or alternative funding source( s) attached hereto a.s
"Exhibit G". The Certificate is required to be presented prior to commencement of thi.s
Agreement.
6.3 Notice of Cancellation or Change: Contractor agrees that there shall be no cancellation,
material change, exhaustion of aggregate limits or intent not to renew insurance coverage
without 30 days written notice to the Division.
6.4 Certificate(s) of Insurance: As evidence of the insurance coverage requ.. . by this
Agreement, Contractor shall provide an insurance certificate indicating this coverage,
countersigned by an insurer licensed to do business in Wisconsin, covering the period of the
Agreement. The insurance certificate is required to be presented prior to commencement of
this Agreement.
7.0 Standard Contract Terms, Conditions and Requirements
7.1 Disclosure. of Independence and Relationship: Contractor certifies that no relationship
exists between the regional team, the State or the Division that interferes with fair
competition or is a conflict of interest, and no relationship exists between the team and
another person or organization that constitutes a conflict of interest with respect to a state
contract. The Department of Administration may waive this provision, in writing, if those
activities of the Contractor will not be adverse to the interest of the State.
Contractor agrees as part of this contract for services that during performance of this
contract, they will neither provide contractual services nor enter into any agreement to
provide services to a person or organization that is regulated or funded by the contracting
agency or has interests that are adverse to the contracting agency. The Department of
Administration may waive this provision, in writing, if those activities of the Contractor
will not be adverse to the interests of the State.
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7.2 Dual Employment: S16.417 of the Wisconsin Statutes, prohibits an individual who is a
state employee or who is retained as a consultant full-time by a state agency from being
retained as a consultant by the same or another agency where the individual receives more
than $5,000 as compensation. This prohibition applies only to individuals and does not
include corporations or partnerships.
7.3 Employment: Contractor will not engage the service of any person or persons now
employed by the State, including any department, commission, or board thereof, to provide
services relating to . this Agreement without the written consent of the employer of such
person or persons and the Department of Military Mfairs and the Division.
7.4 Conflict of interest: Private and non-profit corporations are bound by S180.0831 and
S 181.225 Wis. Stats., regarding conflicts of interest by directors in the conduct of state
contracts.
7.5 Recordkeeping and Record Retention: The Contractor shall establish and maintain
adequate records of all expenditures incurred under the Agreement. All records must be
kept in accordance with generally accepted accounting principles, and be consistent with
federal and state laws and local ordinances. The Division, the federal government, and their
duly authorized representatives shall have the right to audit, review, examine, copy and
transcribe any pertinent records or documents relating to any contract resulting from this
Agreement held by Contractor. The Contractor shall retain all documents applicable to the
Agreement for a period of not less than three (3) years after the fmal payment is made or
longer where required by law.
7.6 Team Personnel Removal: In the event that an individual team member is substantiated to
have been negligent or unresponsive to the contractual requirements, the Division, after
consultation with Contractor and Contractor's Fire Commission/Board, may recommend the
removal of this member from the regional hazardous material response team. A request by
the Division to dismiss an employee shall not constitute an order to discipline or discharge
the employee. All actions taken by the team and/or fire department management in regard to
employee discipline shall be at the sole discretion of the team and/or fire department
management.
7.7 Hold Harmless: The Division of Emergency Management, the Department of Military
Affairs, and the State of Wisconsin shall be held harmless in any disputes the team and/or
fire department may have with their employees. This shall include, but not be limited to,
charges of discrimination, harassment, and discharge without just cause.
7.8 Termination of Agreement: The Division and/or Contractor may terminate this
Agreement at any time for cause by delivering thirty (30) days written notice to the other
Party. Upon termination, the Division's liability will be limited to the pro rata cost of the
services performed as of the date of termination plus expenses incurred with the prior
written approval of the Division. Upon termination, Contractor will refund to the Division
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within sixty (60) days of said termination all payments made hereunder by the Division to
the Contractor for work not completed or not accepted by the Division.
Contractor may terminate this Agreement at will by delivering ninety (90) days written
notice to the Division. In the event the Contractor terminates this Agreement for any reason
whatsoever, it will refund to the Division within sixty (60) days of said termination all
payments made hereunder by the Division for standby costs, under Subsection 4.1, provided
to the Contractor for the contract year in which the termination occurs based in proportion
to the number of days remaining in the contract year.
The Division may terminate this Agreement at will effective upon delivery of written notke
to the Contractor, under any of the following conditions:
(1) If Division funding from federal, state, or other sources is not obtained and/or
continued at levels sufficient to allow for purchases of the indicated quantity of
services, the Agreement may be modified to accommodate a reduction or increase 1m
funds.
(2) If federal or state laws, rules, regulations, or guidelines are modified, changed,
or interpreted in such a way that the services are no longer allowable or appropriate
for purchase under this Agreement or are no longer eligible for the funding proposed
for payments by this Agreement.
(3) If any license or certification required by law or regulation to be held by the
Contractor to provide the services required by this Agreement is for any reason
denied, revoked, or not renewed.
Any termination of the Agreement shall be without prejudice to any obligations or liabilities
of either party already accrued prior to such termination.
7.9 Cancellation: The State of Wisconsin reserves that right to cancel any contract in whole or
in part without penalty due to non-appropriation of funds or for failure of the Contractor to
comply with the terms, conditions, and specifications of this Agreement.
7.10 Prime Contractor and Minority Business Subcontractors: In the event Contractor
subcontracts for supplies and/or services, any subcontractor must abide by all terms and
conditions of the Agreement. The Contractor shall be responsible for contract performance
whether or not subcontractors are used.
Contractor is encouraged to purchase services and supplies when/if applicable from
minority businesses certified by the Wisconsin Department of Development, Bureau of
Minority Business Development.
Contractor shall file with the Department of Military Affairs quarterly reports of purchases
of such supplies and services necessary for the implementation of this Agreement.
12
7.11 Executed Contract to Constitute Entire Agreement: The contents of the RFP (including
all attachments), RFP addenda and revisions, the Proposal of the Contractor, the Notice of
Award, and additional terms agreed to, in writing, by the Division and the Contractor shall
become a part of the Agreement herein. The written Agreement with referenced parts and
attachments shall constitute the entire Agreement and no other terms and conditions in any
document, acceptance, or acknowledgment shall be effective or binding unless expressly
agreed to, in writing, by the contracting authority.
7.12 News Releases: News releases pertaining to the negotiation of this Agreement shall not be
made without the prior approval of the Division.
7.13 Applicable Law: This Agreement shall be governed under the laws of the State of
Wisconsin. The Contractor and State shall at all times comply with and observe all federal
and state laws, local laws, ordinances and regulations which are in effect during the period
of this Agreement and which may in any manner affect the work or its conduct.
7.14 Assignment: No right or duty, in whole or in part, of the Contractor under this Agreement
may be assigned or delegated without the prior written consent of the State of Wisconsin.
7.15 Successors in Interest: The provisions of the Agreement shall be binding upon and shall
inure to the benefit of the parties to the Agreement and their respective successors and
aSSIgns.
7.16 Force Majeure: Neither party to this Agreement shall be held responsible for delay or
default caused by fire, riots, acts of God and/or war which is beyond that party's reasonable
control.
7.17 Notifications: Contractor shall immediately report by telephone and in writing any
demand, request, or occurrence that reasonably may give rise to a claim against the State, its
officers, Divisions, agents, employees and members. Such reports shall be directed to:
A TTN: Administrator
Division of Emergency Management
DMA Wisconsin
PO Box 7865
Madison, WI 53707-7865
Telephone #: (608) 242-3232
FAX #: (608) 242-3247
Copies of such written reports shall also be sent to:
'13
ATTN: Office of Legal Counsel, WING-LGL
WI Dept. of Military Affairs
PO Box 14587
Madison, WI 53714-0587
7.18 Severability: If any provision of this Agreement is declared by a court to be illegal or in
conflict with any law, the validity of the remaining terms and provisions shall not be
affected. The rights and obligations of the parties shall be construed and enforced as if the
Agreement did not contain the particular provision held to be invalid.
7.19 Amendments: The terms of this Agreement shall not be waived, altered, modified,
supplemented or amended in any manner whatsoever without prior written approval of
Division and Contractor.
7.20 Approval Authority: Contractor's representative(s) certify by their signature herein that he
or she, as the case may be, has the necessary and lawful authority to enter into contracts and
agreements on behalf of the local government entity.
7.21 Insufficient Funds: The obligation of the Contractor under this Agreement is contingent
upon the availability and allotment of funds by the Division to Contractor and Contractor
may, upon thirty (30) days prior written notice, terminate this contract if funds are not
available.
7.22 No Waiver: No failure to exercise, and no delay in exercising, any right, power or remedy,
including payment, hereunder, on the part of the Division, State, or Contractor shall operate
as a waiver hereof, nor shall any single or partial exercise of any right, power or remedy
preclude any other or further exercise thereof or the exercise of any other right, power or
remedy. No express waiver shall effect any event or default other than the event or default
specified in such waiver, and any such waiver, to be effective, must be in writing and shall
be operative only for the time and to the extent expressly provided by the Division, State or
Contractor therein. A waiver of any covenant, term or condition contained herein shall not
be construed as a waiver of any subsequent breach ofthe same covenant, term or condition.
7.23 Construction of Agreement: This Agreement is intended to be solely between the parties
hereto. No part of the Agreement shall be construed to add, supplement, amend, abridge, or
repeal existing rights, benefits or privileges of any third party or parties, including but not
limited to employees of either of the parties.
7.24 Disparity: In the event of a discrepancy, difference or disparity in the terms, conditions or
language contained in the RFP (including all attachments), RFP addenda and revisions, and
the Agreement, it is agreed between the parties that the language in this extended
Agreement shall prevail.
14
Approving Signatures:
ON BEHALF OF THE DIVISION OF EMERGENCY MANAGEMENT (DIVISION)
Dated this _ day of une, 2007
-;(-cJl
olinnie L. Smith, Division Administrator
15
On Behalf of the City of Oshkosh
A Municipal Corporation
Dated this _ day of
,2007
Signature:
Printed Name: Richard A.WoIlangk
Title: City Manager
Address: 215 Church Avenue
City/State: Oshkosh, WI Zip: 54902-1130
On Behalf of the City of Oshkosh
Dated this _ day of
, 2007
Signature:
Printed Name: Pam Ubrig
Title: City Clerk
Address: 215 Church Avenue
City/State: Oshkosh, WI Zip: 54902-1130
On Behalf of the City of Oshkosh
Dated this _ day of
,2007
Signature:
Printed Name: Edward A. Nokes
Title: Finance Director
Address: 215 Church Avenue
City/State: Oshkosh, WI Zip: 54902-1130
17
Approved as to form:
Dated this _ day of
, 2007
Signature:
Printed Name: Lynn A. Lorenson
Title: Assistant City Attorney
Address: 215 Church Avenue
City/State: Oshkosh, WI Zip: 54902-1130
18
.~
EXHIBIT A
A
REQUEST FOR PROPOSAL (RFP)
for:
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RFP #93-2
Issued. by:
STATE OF 'WISCONSIN
STATE EMERGENCY RESPONSE BOARD
Department of Military Affairs
Division of Emergency Government
October 5, 1992
Proposals must be submitted no later than
Tuesday, November 17, 1992@ 3:00 p.m. C.S.T.
Late Proposals WnI'Be Rejected
j'
GROUPS\HAZMA T\RHMRT.RFP
TABLE::" C .01t-.: lJ:.N'JS
Page
1.0 General Specifications ............................................ 1
1.1 Introductio!l and Background ....... - . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
1.2 Procuring and Contracting Agency. . . " . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
1.3 Definitions ............................................... 1
1.4 Clarification of the Specifications and Requirements . . . . . . .. . . . . . . . . . . . . " 2
1-.5 Contract Term ............ . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . " 2
2.0 Preparing and Submitting a Proposal .................................,.2
2.1 General Instructions . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . : . . . . " 2
2.2 Incurring Costs. .' . . . . . . . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 2
2.3 Submitting the Proposal .............:......................:.. 3
2.4 Proposal Organization and Format . . . . . . . . . . . . . . . . . . '. . . . . . . . . . . . . " 3
2.5 Oral Presentations and Site Visits .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 3
..If'
3.0 Proposal Selection and Award Process ..............,................... 3
3.1. Proposal Scoring . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
3.2 Right to Reject Proposals and- Negotiate Contract Terms .... . . . . . . . . . . . . . '. 4
3.3 Evaluation Criteria ........................................... 4
3.4 Notification of Award .........................:........... ~ " 5
3.5 Appeals Process for Notice of Intent to Award ....... . . . . . . . . . . . . . . . . " 5
4.0 General Proposal Requirements ................. ~ . . . . . . . . . . . . . . . . . . .. 6
4.1 Description of Project ........................................ 6
4.2 Team Qualifications and Proposer References . . . . . . . . . ; . . . . . . . . . . . . . . ..' 6
4.3 . Personnel, Equipment and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . .. 6
5.0 Technical Requirements ......:......... '. .'. . . . . . . . . . . . . . . . . . . . . . . '. 8
5.1 Team Response Tasks. . . . . . '" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 8"
5.2 Team Capability History. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 9
6.0 Cost Proposal ..,...",......."............... "". '. . . . . . . . . . . . . . . . . .". 9
7.0 Geographical Location. . . . . . . " . . . . . ... . .'. . . . .. . . : . . . . . . . . . . . . . . .. 9
8.0 Standard Contract Terms, Conditions and Requirements.. . . . . . . . . . . . . . . . . . . . " 10
8.1 Acceptance of Proposal Contents. . . . . . . . . . '. . . . . . . . . . . . . . . . . . . . .. 10
8.2 Certification of Independent Cost Determination ....................... 10
8.3 Disclosure of Independence and Relationship. . . . . . . . . . . . . . . . . .. . . . . . .. 11
8.4 Dual Employment . . . . . . . . . . . . . . . . : . . . . . . . ~ . . . . . . . . . . . . . . . " 11
8.5 Employment ............................'...:............. 11
8.6 Liability................................... . . . . . . . . . . . .. 11
8.7 Conflicts of Interest . . . . . . ... . . . . . . . . . . . . . . . . . .'. . . . . . . . . . . . .. 11
8.8 Recordkeeping and Record ~etention . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 12
8.9 Team Personnel Termination ....... . . : . . . . . . . . . . . . . . .. . . . , . . . . .. 1:2
8.10 Hold Harmless :. . .. . . . . . . .". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 12
8.11 Termination of Agreement. . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12
8.12 Prime Contractor and Minority Business Subcontractors" . . . . . . . . . . . . . . . . .. 13
8.13 Exec.utedContract to Constitute Entire Agreement . . . . . . . . . . . . . .. . . . . . " 13
. 8.14 News Releases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
..J 9.0 Required Forms ............................................... 13
GROUP'S\HAZMA T\JUiMRT.RFP
1.0 General Specificaf~
1.1 Introduction and Bac:;;:g~ ,1~i .uu
The State Emergency Response Board (SERB) was created by 1987 Wisconsin Act 342 2...Dd
is responsible for administering the provisions of Title ill of the 1986 federal Superfund
Amendment and Reauthorization Act and WisAct 342, both pertaining to hazardous chemical
substances.
Under 1991 Wisconsin Act 104, the SERB was given the additional responsibility to contract
with no fewer than 7 a..Tld no more than 11 regional response teart1s, each of which will assist
in the emergency response to Level A releases in a regiOIl designated by the board.
~e Department of :Military A1.-'fairs, Division of Emergency Government's charge is to
prepare the state and.its subdivisions to cope with emergencies resulting from enemy ac60n
and natural or man-made disasters. Placed within the division's Bureau of Technological
Hazards are the staff resources which carry out the policy directives issued by the SERB and
state law. Resources are also drawn from other state age.ncies as needed.
The Legislature has recognized the increasing risks presented by hazardous materials used
in facilities throughout Wisconsin and t.ran.sported on our state's roads. It also recognized
that the sophistiCation needed to respond to the spill or release of some of these hazardous
materials exceeds the capability and/or fiscal resources of most communities in the state.
The neect fora contract to deliver regional hazmat response services haS been Outlined in this
Request for Proposal. .
1.2 Procuring and Contracting Agency
This Request for Proposal (RFP) is issued by the Wisconsin State Emergency Response
Board. The SERB is the sole point of contact for the State of Wisconsin during the selection.
process. The person responsible for managing the procurement is Diane Sachse, Purchasing
Agent.
Any contract resulting from this RFP will be administered by the SERB and the Department
of Military Affairs, Division of Emergency Government. The contract administrator will
be' the SERB Chair or his&~r designee.
1.3 DefInitions
The following defznitionS are used throughout the RFP: -
SERB means the State Emergency Response Board.
DeDartment means the Depa..unent of Military Affairs.
Division means the Division of Emergency Government.
Re~ional Team means one of the 7 to 11 fire departments chosen by SERB
to provide regional Level A RazMat responSe that meets the standards under
29 CFR 1910. 120(q) (6)(iv) andJ../"FPA 471 and 472. Under Chapter 166.215(1),
the SERB may only contract with public organizations that meet the above listed standards.
./
Proposer means a fire department submitting a proposal in response to this RFP.
EmerE"encv rnear~ a situation which presents a.'1 irr.minent risk to public health, safety
or the environment.
Level A Release IDe2J.'1S a release t.1at meets t.1e specifications under Section 9,
Chapter 166.20Cge), Wisconsin Statutes,
1.4 Clarification of the Specifications and Requirements
A pre-proposal cOnference will be held Monday, October 19, 1992 @ 2:00 p.m., Division
of Emergency Government, Hill Farms State Office Building, 4802 Sheboygan Avenue,
Madison, WI, Room 99A, to answer questions about the proposal. If additional information
' is necessary to assist the proposer in interpretipg these specifications, written questions will
be accepted until Friday, October 30, 1992, by;
Jayne Meyer, Acting Hazmat Coordinator
Division of Emergency Government
P.O. Box 7865
Madison, WI 53707
(608) 266-5531
Any clarifications made as a result of this conference or questions that have been submitted
in writing will be provided in writing to all proposers within five (5) days of the above date.
1.5 Contract Term
Any contract resulting from this RFP shall become effeGtive on the date indicated on :the
notice of intent to award and shall run for five (5) years from that date. '
2.0 . Preparing and Submitting a Proposal
2.1 General Instructions
The evaluation and' selection of a Regio~al Team and the contr~ct will be based on the
information submitted in the proposal plUs references and any required on-site'visits (the
need for which wiII be deter::mined by the board or its representative) or oral presentations.
Proposers should respond clearly and completely to all requirements. Failure to respond
completely may be the basis for rejecting a proposal.
Elaborate proposals (e.g. expensive art work), beyand 'that sufficient to present a complete
and effective proposal, are not necessary or desired.
.'
2.2 Incuncing Co~
The State of Wisconsin is not liable far any cost incurred by teams in replying ta this RFP.
".
.,/
"
2
2.3 Submitting the Proposal
To be considered in the proposal evaluation process, six (6) copies of the proposal must be
submitted to the SERB.-. All proposals must be packaged, sealed, ai1d indicate the foil owing
information on Lhe outside of the package:
· Proposer's name and address
· Request For Proposal title and number
· Proposal due date
Tne proposal package must be delivered to:
State Emergency Response Board
c/o Department of Military Affairs
Attn: Diane Sachse, WIAR-F
3020 Wright Street'
P.O. Box 8111
Madison, WI 53708-8111
608-241-6409
All proposals must be received by the SERB on or before 3:00 p.m. C.S.T., Tuesday,
November 17,1992. Teams mailing their proposals must allow sufficient time for delivery
of their proposals by the time specified. Proposals which are not received on time will Dot .
be accepted..
2.4 Proposal Organization and Format
. ,
The proposal should be typed and submitted on 8.5 by 11 inch paper. Proposals should be
organized and presented in the order and by the number assigned in the RFP.
2.5 Oral PresentationS and Site Visits
At the discretion of the SERB, proposers may be required to make oral presentations to
clarify and verify the wri"ttenproposals: In addition, the SERB or its representative(s) may
make a site visit. These presentations and/or visits will be held subsequent to the receipt of
the proposal to provide an opportunity for the applicant to clarify the proposal. The SERB
will schedule a time and location for each oral presentation it requests. Refusal to honor t.1e
requ'est for oral presentation or site visit may result in the rejection of the proposal.
I & '.
.'
3.0 Proposal Selection and Award Process
3.1 Proposal Scoring
./
AI1 proposals submitted and accepted will be reviewed by an evaluation committee and
scored against the stated criteria. The committee may review references, request oral
:presentations', and conduct an on-site visit and llse the results in scoring the proposals. The
evaluation committee's scoring will be tabulated and proposals ranked on the numerical
scores received. If the geographical location of any of the proposals is duplicated, the
highest score will prevail for that regi.?n.
3
OROtJl'Sl.HAZMA "f"IRHMRT_~
3.2 Right to Reject Proposals and Negotiate Contract Terms
Tne SERB reserves t.he right to reject a..iJy and all proposals "-t"1dto negotiate the terms of t1e
contract, including t'1e award amount, with the selected proposer prior to entering into a
contract. If contract negotiations cannot be concluded successfully with the highest scoring
proposer, the SERB may negotiate a contract with the next highest scoring proposer.
.;.
3.3 Evaluation Criteria
I. Proposer's familiarity with Sec. 166.20 (1)(2)(3), 166.215 Wis.
StatS. <L.'1d associated regulations.
(5%)
n. Personnel, Equipment and Costs
(35%)
,A. Experience and capability of the team and its members.
assigned to team .
B. An inventory of the department/team's equipment,
materials and supplies on band that would be needed
to respond to a Level A spill' or release.
C. Training, both in-house and outside dassroom
D. Availability of specialized staff and/or subcontractors
to be utiliZed by team..
.,Y
E. Team's Accounting and Billing System
ill. Technical Capability and Approach to Meeting Requirements.
(15%)
A. Completeness in meeting all specification requirements
based on the applicant team's detailed proposal of bow
they would meet the requirements of the
specifications.
B. Clarity and organization in concept development of
the regional team.' .
C. A list of hazmat emergencies in which the
department/team was the primary responder during
the pist two (2) years; plus proposer references.
N. Cost Proposal
(20 % )
./
The extent to which the scope of work can be accomplished with
the funds available as organized by the 5-year budget proposal.
Funds available are up to $300,000 annually (in addition to costs
recovered from responsible,?anies and SERB-sponsored training).
4
ORrif~u ./."'1-' ,.I."T'\ t)t.T1 ~...,~,~;,
.....-. .. .. ._._-......:. >,....:',.._..-,.,..'...,.,',';.'.1W.';..',H,.;,,',.,.,,~,"',"'"''''',,-'ic'',"''',-'''
V. Geographical Location
(25% )
(A) Physical location of team
(B) Size or proposed sen'!ce area
(C) Access of major transponation routesfnighways
(D) Response barriers
3.4 Notification of Award
Each proposer wbose proposal is reviewed by the Evaluation Committee will receive written
notice as to whom the SERB intends to award a contract.
After notification of the intent to award is made, and under the supervision of the
Department of Milita..ry Affairs Purchasing staff, copies of proposals wiII be made available
for public inspection between the hours of 8:00 a.m. and 4:00 p.m. at 3020 Wright Street,
Madison, \VI 53704.
3.5 Appeals Process for Notice of Intent to Award
,,4'
Notices of intent to protest andprotests must be made in writing. Protestors should .make
their protests as specific as possible' an~ should identify statutes and WisconSin
Administrative Code provisions that are alleged to have been violated.
The written notice of "intent to protest" the "intent to award" a contract must be filed with
Robert M. Thompson, Administrator, Division of Emergency Government, 4802 Sheboygan
Avenue, Rm. 99A, P.O. Box 7865, Madison, WI 53707-7865, telephone (608) 241-6409,
no later than five (5) working days after the notices of intent to award are issued.
. .
The written protest must be received in his office no later than ten (10) working days after
the notices of intent to award are issued. .
The Administrator shall issue a written decision on any appeals within ten (10) working days
of receipt.
The decision of the Administrator may be appealed to the Secretary of the Department of
Administration within five (5) working days of issuance, provided the appeal alleges a .
violation of a statute or a provision of a Wisconsin Administrative Code.
.'
/
5
OROUP:S\HA2),.{A '!"IJtH'J..n1T ~ "'"
4.0 General Proposal Requirements
4.1 Description of Project
Proiect DescriDtion
The SERB is issuing this Request for Proposal that wil) result in contracts for respond.ing to
Level A hazardous materials spills or releases.
Obiectives
The SERB has three major objectives it is trying to accomplish with this RFP. They are:
(1) To provide prompt and adequate response services to any of the
many types of hazardous material emergencies.
(2) To eliminate the need for individual procurement actions for each
emergency situation.
(3) To speed up the emergency response process.
Needs
Tne SERB is seeking fire departments that can adequately and promptly respond to a Level
A chemical emergency outlined in the Technical Requirements (Section 5.0) of this RFP.
4.2
Team Qualifications and Proposer References
Each regional team must be qualified to provide Level A response based on 29 CFR
1910. 120(q)(6)(iv) and National Fire Protection Association St:2ndards NFP A 471 and 472.
1. Each applicant regional team must provide a letter or resolution of concurrence from
their authorizing authority. ,
n. Proposer must include in their RFP alist of organizations/companies which can be
used as references for w.ork performed. of a similar nature as the Technical
Requirements (Section 5.0) within the past two (2) years. Include name of
organization/company, address, contact person's name and title, and telephone
number.
4.3 Personnel, Equipment and Costs .
,.
Each applicant regional team shall include a strategic plan which describes how it will
maintain its membership~~_ its members' training and health certification, and its equipment
and sapplies. If a team does not meet the required st:2ndards [29 CPR 191O.120(cj)(6)(iv)
and ;r...rpPA 471 and 472] at the time this proposal is submitted, outline the personnel,
training, equip~.ent or other materials needed and the proposed time frame for meeting the
requirements. ,.
1. Staff OUalificationslExperience
,
./
Each applicant regional team must provide in tt}e proposal:
A. Categories of personnel to be used for this contract.
Provide clas~ification specifications for each category.
6
""""',...._....- ~.---~-..--
B.
Number of persoIL.'1el in each category, wages (De
specific: hourly or monthly rate) in each category,
years of experience per individual to be used on the
t ea..rn.
c.
Number of additional personnel needed in each
category .
D.
A description of the team's organizational Structure
including charn of command, field conimand system,
and auxiliary personnel (i.e: training coordinator,
medical recordskeeper). Include Organizational
Chart.
E.
List L1e areafcitieslto'WIlS from which the team will
draw its membership.
II. EauiDment
Each applicant regional team must provide specifications on the types alld quantities
of hazmat response equipment, hardware and supplies owned or available for use by
the team. Also include the foIlowing information:
A. Vehic1e(s) make, model, age, approximate value and
replacement time frame
B. Types, quantities and costs of additional necessary
vehicles purchases
C. Durable equipment and projected replacement dates of
durable equipment and costs
D. Typ.es, quantities and costs of additional necessary
durable equipment purchases
E. Replacement budget for consumable supplies
m. Training
List types of training:
A. In-house
B. Outside classroom
IV. SDecialized Staff and/or Subcontractors
,/
List available specialized staff and/or subcontractors to be utilized by the team. List
contact person name and title, and phOne number of these groups.
7
r:Df\'f1)c"\U.l.~r"'-''''T'''''- __
". "," ..>i;......,...;"J:,i'_'i':::.'.~....;~:<.~..,/>'..:.',
V. Team's AccOuntin2' 2.z"10 BiIIin2' Svstem
Each applicant regional team must provide in u.1e proposal:
A. Chargeback Schedule for persOfu"1eI, equipment and
materials to a responsibl e party
B. Medical costs for monitoring personnel
C. Laboratory costs, if any
D. Supplies and materials (e.g. phone, postage)
5.0 Technical Requirements
5.1 Team Response Tasks
The objectives of emergency response actions are to:
1. . Protect life
2. Identify and control the SOurce 9f the spill or release
3. Prevent or abate the migration of the spill or release
The tasks identified below are the minimum needed to cOmplete a hazardous material
emergency response in the State of Wisconsin. This was done to give t.1e proposers an idea
of what. is expected in each response report.
A. Upon notification, the Regional Team shall immediately respond to the incident as
appropriate.
.. B. The team shall provide the following dOcumentation as part of the emergency response
. activities:
1.. Photo documentation of emergency, if possible and/or practical.
2. Written report with actions noted.
The team sha11 prepare and sUQmit a report for eqch response incident. The report
shall include a detailed accounting of the response incident including, but not limited
to:
/
2.. .. Date and time team was notified, time of
response .
b. Identity of notifying agent
c.. Spilled substance type, quantity, and
source, includmg specific actions taken to
mitigate further. migration and source
control
d. Itemized copy of bill for submission to
responsibl e parry
8
~1"'\'~1:"."""'.,____, .
e.
Accurate documentation and testimony
for litigation involving costs incurred
Accounting of injuries a..Tld exposures of
Team personnel
Identity of unit in charge of scene upon
depa...rture of regional team
.t:
.I..
0-
O.
c. Disposal
Proposer shall include a ~ist of resources available to provide
licensed transport and disposal of hazardous substances.
D. Access Restriction
The team shall provide or arrange for adequate access restrictions
a;; needed at the site. This can include the'construction of fencing
or other barriers to restrict access and secure the site.
5.2 Team Capability Ristory
Describe the team/department's capabilities and experience, in the last two (2) yeaIs,
providing similar tasks to those required. Be specific and identify incidents, dates and
results.
6.0 Cost PropoSal
Supply anve (5) year budget proposal for completion of team development and maintenance. List
breakdo'WIl of costs for where and bow funds will be used.
The funding ceiling is $300,000 annually em add'ition to costs recovered from responsible parties
and SERB-sponsored training).
7.0 Geographical Location
Each applicant Regional Team must provide in the proposal:
I. Description of its actual physical location and the location of stored equipment, if different
from above.
II. Sbow on a map the geographical area the team will be able to serve and the approximate
response times to the limits of the area.
ill. List access to m?jor transportation routeslhigbways.
N. List response barriers, natural and/or man-made, and' other unique access or geograpbical
features that will assist or hinder response.
./
9
~,...,~,.........,._-..- ---:.
i'";;~'''''",;,;c.>";,_;,;c',,,",,_''''''''''' 'n
8.0 Standard Contract Terms, Conditions and Requirements
8.1 Acceptance of Proposals Contents
Tne contents of the proposal, h'1cluding any amendments or addenda, of the successful team
will become contractual obligations if procurement action ensues, with the exception or
addition of negotiated items.
8.2 Certification of Independent Cost Determination
By signing this proposal, the proposer certifies, and in the case of a joint proposal, each
party thereto certifies.as to its own organization, that in connection with this procurement:
8.2.1 The costs and information in this proposal have been arrived at independently, without
consultation, communication, or agreement, for the pUrpose of restricting competition,
as to any matter relating to such with any other proposer or with any competitor
information;
8.2.2 Unless oth.e~ise required by law, the costs a.TJ.d information which have been quoted
in this proposal have Dot been knowingly disclosed by the propo,ser and will not
- knowingly be disclosed by the proposer prior to opening in the case of an advertised
procurement or prior to award' in the case of a negotiated procurement, directly or
indiiectly to any other respondent or to any competitor; and
8.2.3 No attempt has been made nor will be made by the proposer to 41duce any other
person or firm to submit or not to submit a proposal for the purpose of reStricting
competition.
8.2.4 Each person signing this proposal' certifies that:
He/She is the person in the proposer's organization resPonsible within that
organization for the decision as to the pri~ being offered herein and that he/she has
not participated, and will not participate, m any action contrary to above; or
-.
He/She is not the person in the proposer's organization responsible within that
organization for the decision as to the prices beipg onered herein, but that he/she has
been authorized in writing to act as agent for the persons responsible for such
decisions in certifying that such persons-have not participated, and will not participate
in any action contrary to 8.2.1 through 8.2.3 above, and as their agent does hereby.
so certify; and he has not participated, and will not participate, in any action contrary
to above.
~.J
10
~r\TfP<"'t1.r?l.I.. ~T1 ,....., 7"7"--:~"
8.3 Disclosure of Independence and Relationship
Prior to award of any contract, an applicant regional te2..Lli shall c'ertify in writing to the
procuring agency iliat no relationship exists between t.l-J.e applicant regional te&."Tl a:nd t~e
procuring or contracting agency that interferes with fair competition or is a conflict of
interest, and no relationship exists between the team and another person or organization that
constitutes a conflict of interest with respect to a state contract. The Department of
Administration may waive this provision, in writing, if those activities of the applicant
rezional team will not be adverse to the interest of the state.
- .
Regional tea.rr.s shall agree as part of the contract for services that during performance of the
contract, they will neither provide contractual services nor enter into any agreement to
provide services to a person or organization that is regulated or funded by the contracting
agency or has L."lterests t.~at are adverse to the contracting agency. The Department of
Administration may waive this provision, in writing, if those activities of the contractor will
not be adverse to the interests of the State.
8.4 Dual Employment
Section 16.417, Wis. Stats., prohibits an individual who is a state employee or who is
retained as a consultant full-time by a ~tate agency from being retained as a consultant by
the same or another agency where the individual receives more than $5,000 as compensation.
This prohibition applies only toindividuaIs and does not include corporations or
partnerships.
/
8.5 Employment
....~
Regional teams will not engage the services of any person or persons now employed by tbe
state, induding any department, commission, or board thereof, to provide services relating
to this agreement without the written consent of the employer of such person or persons and
of the Department of Military Affairs and the SERB.
8.6. Liability
A member of a regional emergency response team who is acting under a contract, is a:a.
employee of the state for the purposes of workers compensation benefits under Section
166.215(4). Section 17, 895.483 Civil liability exemption: A regional emergency response
team. and a member of such team are immune from civil liability for acts or omission.s
related to carrying out responsibilities' under a contract.
8.7 Conflict of Interest
Private and non-profit corporations are bound by ss. 180.355 and 181.225, Wis. Stats.,
regarding confli~ of interests by directors in the conduct of state contracts.
./
11
ORO~\HAZMA 7\RHMRT.R.l'Y
8.8 Recordkeeping and R~ord Retention
Tne regional team shall establish and maim8Il adequate records of all expenditures incurred
under the contract. AJl records must be kept in accordance with generally accepted
accounting principles, and consistent with federal, state and local ordinances. The SERB
shall have the right to audit, review, examine, copy a..Tld transcribe any pertinent records or
documen.ts relating to any contract resUlting from this RFP held by the contractor. The
regional team shall retain all documents applicable to the contract for a period of not less
than three (3) years after final payment is made.
8.9 Team Personnel Removal
In the event that an. individual team member is alleged to have been negligent or
unresponsive to the contra~tual requirements, the SERB may require the removal of this
member from the team.. Upon the receipt- of the written notice of the required removal of
the team member from the SERB, the te<un member shall be immediately removed from the
team. A request by the SERB to dismiss an employe shall not constitute an order to
discipline or discharge the employe. Al! actions taken by the team and/or fire department
management in regard to employe discipline shall be at the sole discretion -of the team and/or
fire department management.
8.10 Hold Harmless
'~r
The SERB, the Division of Emergency Government, the Department of Military Affairs, and
the State of Wisconsin shall be held harmless in any disputes the team and/or fire depaitinent
may have with their employes. This shall include, but not limited to, charges of
discrimination, harassment, and discharge without just cause.
8.11 Termination of Agreement" _
The SERB may terminate any contract resulting..from this RFP at .any time for cause by
delivering 30 days written notice to the regional team. Upon termination, the SERB's
. liability will be limited to the pro rata cost. of the services performed as of the date of
termination plus expenses incurred with the prior written approval of the SERB. A regional
team may terminate this agreement a..fter the five (5) year contract period. .Earlier contract
te~ation may be granted by the SERB for extr~iOrdinary circumstances. In the event the
regional team. terminates this "agreement for any reason whatsoever, it wiI1 refund to u1e
SERB witb.in60 days of said termination all payments made hereunder by the SERB to the
reglonal team for work not compJered or not accepted by the SERB. Any termination, by
the team, will require written notice to. that ,effect to be delivered to the SERB not less than
six (6) mont..'ls prior to said termination.
,/
.r
12
8.12 Prime Contractor and l\1:inority Business Subcontractors
In the event a regional team. ~ubcontraC"LS for supplies a.T1d/or services, any subcontractor
must abide by all terms 8....'1d conditions of the contract. W.t1en subcontractors are used, this
should be clearly explained in the proposal. However, the regional team will be responsible
for contract performance whether or not subcontractors are used.
The successful regionaI team will be encouraged to purchase services and supplies wbenJif
applicable from minority businesses certified by the Wisconsin Department of Development,
BUreau of Minority Business Development.
The Department of Military Affairs will require from ihe successful teams a quarterly report
of purchases of such supplies and services necessary for theimpl ementation of the contract.
8.13 Executed Contract to Constitute Entire Agreement
In the event of contract award, the contents of this RFP (mcIuding all at""l2chments), R..'8>
addenda and revisions, the proposal of the successful 'regional team, and. additional ten:ni
agreed to, in writing, by the SERB and the regional team shall become part of the contract.
Failure of the sucCessful regional team to accept these as part of the contractual agreement
may result in a cancellation of award.
8.14 News Releases
i
.J
News releases pertaining to this procurement or any part of the proposal shaH not be made
without the prior approval of the SERB.
.-.;;'
9.0 Required Forms
The following fonns must be completed and submitted with the proposal in accordance with the
instructions given in Section 204. Blank fonus are attached: .
Attachmen.t A - Affidavit .
At""i4chment B - Designation of Confidential and Proprietary Information
Attachment C - Standard Terms and Conditions
Attachment D Quarterly M"mority Business Report
...J
13
OROUl'SIHAZMA'ruUiMJ:::T .REl'
AFFIDAVIT
ATTACHM~NT A
~l'-
,.,-
P;:::OPOS~F: M;JSi Cm1F'!..ET~ AND"SUBM:; THIS AFFIDAVIT WITH HI S/HER F'ROF'OSA!....
,n
~ROPDS~R PREF~RENCE: Please indicate below if claiming a proposer preference.
Minoritv Business Preference (s. 16.75[3m), Wis. Stats.) _ Must be
certifi eo by the Wi sconsin Department of Deve! opment WOD). If you
have questions concerning the certification process, contact DOD,
8th floor, 123 W. WaShington Ave:. I Madi son I WI 53702.~ (608) 267-9550,
AMERICAN-MADE MATERIALS:
The materials Covered in our proposal were manufactured in whole or in
substantial p~rt within the United States, or the majority of the component
parts thereot were manuf<!\ctured in whole or in subs,t<!\ntial partin the United
States.
DYes
o No
o Unknown .
AFFIRMATIVE ACTION PLAN:
.~~
In accordance with s. 16.765(2) (a), Wis. 5tats'l as implemented by WisconSin
Administrative Code SO, ~leas~ state if an a'firmative action plan is on file
with the State of Wisconsin.
DYes 0 No 0 Un known
In signing this proposal~ we also certify_that we have not either, directly
or indirectly, entered into any agreement or participated in any collusion or
otherwise taken any action in restraint of free competition; th~t no attempt
has been made to induce any'other person or firm or public organization to
submit or not to submit a proposal; that this proposal has been independently
arrived at without collusion with any other proposer competitor or potential
competitor; that this proposal has not been knOWingly disclosed prior to the
opening of proposals to any other proposer_Dr compet~tor; that the above
statement is accurate under penalty of pe~jury.
We will comply Io.'ith all terms, conditions, and specifications required by the
State of Wisconsin in this Request for Proposal and the terms of our proposal.
Name
(Type or Print)
Title
51 gnature
Fire Dept.
Date
~ ,Fire Dept. Federal ~mployer Identification No.
(To as~ure accurate proposer identification for billing purposes)
Telephone Number
Sf^TE OF\\'lSCONSli'\
DCM.3027 (RlD/89)
ATTACHMENT B
DESIGNATION OF
CO~-(FIDE^'TI...u. AJ"Y.D PROPRIETARY
INFORM.ATION
The attached mate,ial submitted in response. to Bid/ProposaI # indudes proprietary and
confidenlial information which qualifies as a trade secret, as provided in Section 19.3G(5), Wis. Stats" or is
otherwise mal-crialthat can be kept confidential under the "''-lSconsin Open Records Law. As sllch, we ask that
certain pagc~, as indicated below, or this bid/proposal response be treated as confidential material and not be
released without our wrinen approvaL
We rcqucslthat the following pages not be released:
Section
Page # .
Topic
IN THE .EVE:l\lJ' THE DESIGNATION OF CONFIDENTIALITY OF THIS INFORMATION IS
.1 CHALLENGED, THE UNDERSIGNED HEREBY AGREES TO PROVIDE LEGAL COUNSEL OR
OTHER NECESSARY ASSISTANCE TO DEFEND THE DESIGNATION OF CONF1DENTIALITY.
This docs no! apply to bid or proposal. prices. Prices arc always open. Other information usually cannot be
. kept C(m[jd~nrial unless il is a trade secret. Trade secret is defined ili s.134.90(1)(c), Wis. Stats. as follows:
'Trade secret" means information, including a formula, pattern, compilation, program, device, method,
technique or process to which all of the [cIlowing appJ>~ 1. The information derives independent economic'
value, aClual or potential, from not being generally known to, and nol being readily ascertainable by proper
means by, other personS. who can obtain economic value from its disclosure or use. 2. The information is the
subject of efforts to maintain its secrecy th~! are reasonable under the circumstances.
Failure to include this form in the bid/proposal response may mean that all information provided as part of the
bid/proposal response will be open to examination and copying. The state considers other markings of
confidential in the bid/proposal document to be insufficient. The undersigned agrees to hold the state harmless
for any damages arising out of the release of any materials unless they are specifically identified above.
Name-Authorized Representative
Signature - Authorized Representative
j
Company Name
Date
V\':S::Onsin .Departrnent or .L.drninistrat!on
Ch. 16; Wis. Stats.
DO~ (P.05!9 i)
ATTACHMENT C
STANDARD TERMS AND CONDITIONS
(REQUESTS FOR BIDS/PROPOSALS)
.0 SPEGiRCATIONS: The specifications In t'1ls request are the
mInImum acceptable. VVhsn specific mant.:fa::turer and mOdeJ
numbers are used, they are to establish a design, type of
co nstl"'.l cti on, quality, func'Jonal capab1l1ty eJ1d/or performance
JeveJ desired. %en alternates are bId/proposed, they must be
identified by manufac:urer, stock number, and such other
information necessary to eS".abfish equivalency. The State of
Wisconsin shaIl be the sole Judge of equivalency.
Sidders/proposers are cautioned to avoid bidding alternates to the
specifications whioh may resuJt in rejection of their bid/proposal.
2.0 DEVIATIONS A'>ID EXCEPTIONS: Deviations and exceptions from
terms, conditions, or specification shalJ be cescribed fully, on the
bidder's/proposer's letterhead, signed, and atlached lothe
request. In the absence of such statement, the bid/proposal shall
be ac::cepted as in strict complianes with all terms, conditions, and
specifications and the bidder/proposer shail qe held Hable.
3.0 0UAlJTY: Unless otherwise. indicated in the' request, all material
shall be first quality. Items which are used, demonstrators,
obsolete,- seconds, or which have been discontinued are
unac::::::eptable without prior written approval by the State of
Wisconsin.
4.0 0t.lANT1nEs: The quantities shown on this request are based on
eS"Jmated needs. The S"Uite reserves the right to increase or
decrease quantities to meet actuaJ needs. '
5.0 DB..1VERY; Deliveries shaIl be F.O.B. destination unless otherwise
specified.
6..0 PRICING flND DISCOUNT: 'The State of Wisconsin qualifies for
governmental discounts and its educational institutJons also
qualify for educational. diS","'Ounts. Unit prices shall reflect these
discounts.
6..1 Unit prices shown on thebidlproposal or contract shaII be the
price per unit of sale (e.g., gal., cs., doz., ea., ,etc.) as S".ated
on the request or contract. For any given item, t"le qua'ltity
multiplied by the unit price snaIl establlsh the extended price.
If an apparent miS+.ake exists in the extended. price, the unit
pri~ shall govern in the bid/proposal evaluation and contract
administration.
62 Prices established in continuing agreements and term
contracts may be lowered due to general market conci'Jons,
but prices shall not be subject to increase for ninety (90)
calendar days from the date of award. Any inc:-ease proposed
shall be submitted to the contrac'Jng agency t'11rty (30)
calendar days before the proposed effective date of the pries
increase, and shall be limited to fully documented cost
increases to the contractor which are demonstrated 10 be
. industryvYide.' The ,conditions under which price Increases
may be' granted shall be expressed in bid/proposal
documents and contracts or agreements.
, 6-3 In determination of award, discounts for early payment will
only be considered when EJI other conditions are equal and
when payment terl!ls aIlow at least fifteen (15) days, providing
the diSCOunt terms are deemed favorable. Ail payment terms
must allow the option of net 30.
7..!) UNFAIR SAlES ACT: Prices quoted to the State of VVisconsin are
not governed by the Unfair Sales A......... '
800 ACCEPrmCE-RsJECTION; The. State of W:sconsin reserves the
right to accept or reject any or all bids/proposals, to waive any
'''chnicaJity In any bid/proposal submitted, and to accept any part
a bId/proposal as deemed to be in the best JntereS"..s of the Slale
~i Wisconsin.
./
Bids/proposals MUST be dEte and time stamped by the soii:
purchasing office on or before the date and time that
bid/proposal is due. Bids/proposals dated a'1d time stamps
ancther office wW be rejeC7.ed. Receipt of a bId/proposal by
mail system does not constitute receipt of a bid/proposal by
purChasing oiiies.
9.0 METHOD OF AWA.'OJ:/:. Award shalf be made to the 10....
responsible, responsive bIdder unless otherwise specffied.
10.0 ORDERING: Purchase orders shall be placed directly to ~
contractor by an authorized agency. No other purchase orders I
authorized.
11.0 PAYMENT TERMS AND INVOICING: The State of VViscons
normally will pay properly submitted vendor invoices within thir
(30j days of Jeceipl providing goods and/or services have bef
delivered, instaJled Of required), and ac::cepteo as specified.
invoices presented for payment must be submitted In ac:cordano
with instructions contained on the purchase order includinJ
reference to purchase order number and submitlaJ to the correc
address for processing.
12.0 TAXES: The State of W:sconsin and its agencies PJe exempt from
payment of all federal tax and W:sconsin state and loca/taxes on
its purchases exesp! VVisconsJn excise taxes as described below.
The State of Wisconsin does not issue a tax exempt number for
state agencies. .
The State of Wisconsin, including all its agencies, is required 10
pay the Wisconsin excise or CC:::Upation tax on its purchase of
beer, liquor, wine,. cigarettes, tobacco produc<.s, motor vehicle fuel,
and general aviatiOn fuel. However, it is exempt from payment of,
Wisconsin sales or use tax on its purchases. Tne State of
Wisconsin may be subject to other states' taxes on its purchases In
that state depending on the laws of that state. Contractors
performing construction ac'Jyities are required to pay state use 'tax
on the cost of materials.
73.0. GlIARAN'iEED DEl..NERY; FaIlure of the contractor to adhere to
'delivery schedules as specified or to promptlY.replaee rejected
materials shall render the contractor liable for all costs in excass of
the Contract price when altemate, procurement is necessary.
Excess costs shall include the administrative costs.
. 74.0ENnREAGREEMENT: TheSQ Standard Terms and Conditions shaJ/
apply to 'any contract or order awarded as a result of this request
except where spechl! requirements are stated elsewhere In the
request; In such cases, the special requirements shall apply.
Further, the written contract atld/or order with referenced parts and
attachments shall constiMe the entire agreement and no other
.' tenns and condiiions in any do~menl, acceptance, or
acknowledgement shall be effective or binding unless expressly
agreed to in writin9 by the contracting authority.
75.0 AP?UcA8l.E LAW; The resufting contract shall be governed under
the laws of the State of Wisconsin. The COntractor shall at 211 times
comply with and observe all federal and state laws, locaJ laws,
ordinances, and regulations which are in effect during the period of
. this contract atld whIch in any manner affect t'le 'W()rk or its
conduc'..
16..0 ANT1TRUST ASS1GNMENT: The contractor eJ10 the State of
Wisconsin recognize that in actual economIc practies, overcharges
resulling from antitrust violations are in tact usually borne by the
State of Wisconsin (purChaser). Tn erefore , contra::tor hereby
assigns to t'1e Stale of W:sconsin any and all claims for such over.
charges as to goods, -materials or services purchased in
connection with this contract.
17.0. ASSJG1'-lMENT: No right or duty in whole or in par: of the COntractor
'under this contract may be assigned or delegated without the prior
written consent of the State of YVis~nsin.
18.D N=<.31TRAnON: Disputes should be addressee .. 5 i.l ',1:""
purchasing/printing offbe. Any diSpute ar/sin; ,,~ ~r ::;;a!/i an,
quantity shafJ be subject to arbitration as provi~i',:' ;- :>2;; .._
of Wisconsin StatU'tes. . A good faith dispU1e cr... " '5S anu:ce ption
to prompt paymenL
19.0 NOND!SCRlMIN.A.nONlk'rlPMAT7VE AGnON: In connection with
the oeriormance of work under this contract, the contractor aaress
not' to discriminate against any employe or applicant for
employment because of age, race, religion, color, handicap. sex.,
physicaJ condition, developmental disability as defined in s,
51.01 (5), Wis. Sl3ts., sexual orientation or national origin. This
provision shalf include, but not be Umited to, the following:
employment, upgrading. demotion or trans1er; recruitment or
recruitment advertising; laY~H or termination; rates of payor other
forms of compensation; and selection for training, including
apprenticeShip. Except with respect to sexual orientation. the
contractor further agrees to take affirmative action to ensure equal
employment oPPortunities.
19.1 Contracts estimated to be ten thousand dollars (S10.000) or
more require the contractor to submit a written affirmative
action plan acceptable under Wis..."Onsin Statutes and
Administrativ,? Code. The contractor must submit the plan to
the contracting state agency for approval within fifteen (j5)
working days after the contract is awarded. An exemplion
occurs from this requirement jf the contractor has a workforce
of Jess than ten (10) employes. 'Instructions on preparing the
plan and technical assistance regar.ding this clause are
available from the COntracting state agency.
19.2 The contractor agrees to post in conspicuous places.
available for employes and applicants for employment. a
notice to be provided by the contracting state agency that
sets forth the provisions of the Slate of Wisconsin
nondiscrimination clause.
j 19.3 Failure to comply with the conditions of this clause may result
in the contractor's becoming declared an "ineligible.
contractor, termination of the contract, or withholding of
payment.
2lJ.D PATENT INFRINGEMENT; The contr~ctor selling to the State of
Wiscons.in the articles described herein guarantees the articles
were manufactured or produced in accordance with applicable
federal labor laws. Further, that the safe pr use. of the articles
described herein will not infringe any United' States palent The
contractor covenants that it will at. its own expense 'defend every
suit which shall be brought against the State of YVisconsin
(provided th%t such contractor is promptly notified of such. suil,
and all papers therein are delivered to it) 'for any alleged
infringement of any patent by reason of the sale of use, of such
articles, and agrees that it will pay ail costs, damages, a..,d profits
recoverable in any such suit.
.21.0 Sl>..::ay FLCOUIP.EMENTS: All materials, equipment, and Supplies
provided to the State of Wisconsin must comply fully with ,all safety
requirements as set forth by the VVisconsin Administrative Code,
Rules of the Industrial Commission on Safety, and a11 applicable '
. OSHA Standards. . _
22.0 WJ.P.RANrY:. Unless otherwise specifically stated by the bidder/
proposer, equipment purchased as a result of this request shall be
Warranted against defects by the bidder/proposer for ninety (90)
days from date of receipt. Tne equipment manufacturer's
standard warranty shall apply as a minimum and must be honored
by the contractor.
23.0 INSURANCE RESPONS131U1Y: The contractor performing services
for the Stale of Wisconsin shall:
~/
Maintain workers compensation insurance, as required by
'vVisconsin Statutes. for all employes engaged in Ihe work. .
23.2 Maintain public liability and property damage insurance
against any claim(s) which mighJ occur in carrying out this
agreemenVcOntrae:-:. Minimum coverages are five hundred
thousand ($5CX),0J0) liability for bOdily injury and property
d.amage including products liability and completed
operations. \Vhen vehicles are used to fuJ1/J1 this, ~I
minimum Coverages are two hundred fitry thol.:
(S250.0J0) bOdily injury each person, five hundred thou
(SSOJ,OJO) per occum ":::e ar,::' two hundred fiHy thou:
(S250.DJO) property ca 1"C ~ each occurrence or five hun
thOUsand ($500,DJO)::: 'bir;ed single limit.
23.3 Provide an insurance ce~ifi::2te indicating this Coven
countersigned by an. insurer !::e;'/sed to do busines~
\f/:sconsin, covering the ?erioc' of the aQreemenVcontr
The insurance ce1iificale is requirecto bE; 'presented prio
the issuance of the purchase order or bejelre commencel7l
of the contract.
24.0 CANCEllATION: The Slate of WiSconsin reserves the right
cancel any contract. in whole or in part withoul penalty due
nonapproprjation of funds or for failure of the ContraC:or to coml
with the terms, conditions, and specifications of this contract.
25.0 VENDOR TAX DElJNQUENCY: Vendors who have a delinoue
Wisconsin ta;( liability may have L'leir payments offset by the Sla
of Wisconsin.
25.0 PUBUC P.ECQP.DS ACCESS: it is ihe ir'lieniion cf the stale 1
maintain. an open and pubfic process in the soIicitatior
submission, review, and approval of procurement activities.
Sid/proposal openings are public unless otherwise specified
Records may not be available for public inspection prior tc
issuance of .the notice of intent to award or the award of the
contract.
iI.o PROPRIETARY INFORMATION: Any restrictions on the use of data
COntajned within a request, must be clearly stated in the bid!
proposal itself. Proprietary information submitted in response to a
request wil1 be handled in accordance with applicable Stale of
Wisconsin procurement regulations and the YVisconsin public
records law. Proprietary restrictions normally are not aceapted.
However, when accepted, it is the vendor's responsibility t6 defend
the determination in the event of an appeal or litigation.
ZT.1 Data contained in a bid/proposal, alf docume.ntation proYided
therein, and innovations developed as a result of the
contracted commodities or services cannot be copyrighted or
patented. All data, documentation, and innovations become
the property of the State of WiscOnsin.
ZT.2 My material submitted by' the vendor in response to this
request that the vendor considers confidential and proprietary
information and Which qualifies as a trade secret, as 'provided
in s. 19.35(5), Wis. Slats., or material. which oan be kept
cOnfidential under the VVisconsin public records law, must be
identified on the attached Designation' of Confidential and
Proprietary Information form (DOA'3027). Bid/proposal
prices cannot be held' confidential.
28..0 DISCLOSuRE: If a state pubIic official (s. 19.42, Wis. Stats.). a
member of a state public official's immediate famiiy, or any
organization in which a state public official or a member of the
official's immediate family owns or controls a ten percent (10%)
.' interest, is a pariy to this agreement, and if t'lis agreement involves
payment of more than three thousand dollars ($3.CXXl) within a
twelve (12) month period, this contract is voidable by the state
unless appropriate disclosure is made according to s". 19.45(5),
WIS. Stats., before signing the contract. Disclosure must be made
to the State of Wisconsin Ethics 3oard, 125 South 'Webster Street.
Madison, Wisconsin 53707 (Telephone 6D8-256-8123).
State classified and fO.rmer employes and certain University of
Wisconsin faCUlty/staff are subject to separate disclosure
requirements.
29.0 RECYClED M.e.TER1ALS: I ne State of Wisconsin is required fo
purc.~ase products incorporating recycled materials whenever
technica11yand economicaUy feasible. Bidders are enCOuraged to
bid products with recycled cOntent which meet specifications.
30.0 MATERIAL SAFE1Y DATA SHEET; Ii any item(s) on a"l ord~r(s)
resulting from this award(s) is a hazardous chemical. as defined
under 29CFR 1910,1200. provide one (1) copy of a Material safety
Data Sheet for each item with the shipped conlainer(sj and one (1)
copy with the invoice'(s).
ATTACHMENT D
QUARTERLY M!NORITY BUSINESS REPORT
(Print or Type)
Purchase Order #
Date of Report:
Quarter Covered:
Project Name: Regional Hazardous Material Response Team
Team/Fire Dept. Name:
Address:
Submitted by:
Title:
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MINORITY VENDOR NAME PRODUCT/SERVICE PURCHASED DATE AMOUNT
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Quarters are January-M~rch,' April-June, J~ly-September, and October-
December. Reports are due 10 working days aiter -eIid oi quarter.
Ii no business was a'warded to minority :business firms :for this quarter~
please describe below what ef:forts were made to encourage minority
business participation.
Signature:
COMPLETE AND RETURN TOl
WI Dept. ,of Military Af:fairs
Attn: Diane Sachse, WIAR-F
P. O. Box 8111
Madison, WI 53708-8111
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EXHIBIT B
Due to the length of the document, the Proposal submitted by
. Contractor to RFP #93-2 is available for public inspection and
reproduction, during regular busmess hours, at the Division of
Emergency Government, 2400 Wright Street, Madison, WI
53704-2572.
.or
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i;;XHIBIT C
State of VVisconsin \ STATE EMERGE:NCY RESPONSE BOARD
D~.ernber .17, '1992
, -j'
~ SKteO'l"GA';' AVEPi'.J:: R:6u!
p.o SOx "!lGS
~ WlSC~ 5o:l,o,..,~s
TElE1=>HO~ (6:lei .?6i~J;l ,
Chief ~chard D~ Davis.
:'Apple~cin Fi~ Dq)zJtment .
. 700 N ~ 'Drew"Street .
:.Appleton; 'WI. 54911,-2927
: '.' Dear Chler':qavis:.
. .' .
.' . . ~ .
Th~. Sl2tdomergency Response Beard hai ~edcd. tl,<;ronowing pommUiuties' prOpoSals to
n~g~tiat~ ~ fin.a! Contra~tto provide ~~gionaI 'H~doris Materials Response :reams: .
,1. Racine
2. Milwaukee
3.' Appleton,
4. Madison
'5. sup..--rlor. '.
. 6. :Wausau '.
7 ~ Chippewa i:' al1~lEiu . Clai.re
....
. Ii is the mtent of theSta.teEp>~encY ~nseBoard to riegotiate thefin:U Contra~ ~ meet the
statei::.ide needs fOr Regiona1.Hazar9'ous Mat6fia1fResponse Teams.: This 'letter is thus only to' '
~ be consideted notice of ilJtCnt to contract and do-..s not constitute a, cOntractuiu rommitmen l~.
. .: . : '.' . ..,., -. '. .' ". .' . - . ':, ". .' .". . :. ',,: . . '. ". "
UeStale Enieriency ReSponse Board through th~ Admlnistiatorof ine Divisi<;m orEm~e,;~y
)Govc;.rnment, the~"pUr~g' ag~t for' the'. Department of 'MiIitary~ . Affairs' " and . stich- ot,1ler.
'perSOml~aS'aredeemed D""'"'''''Y, shall serve as a riegotiatingteam to negotiate the ~s of
a . final' c6n~ct The' terms 'Cff this cOntract wilt in~lode . socii things', as de.scrlption of.' the '
geog~phic area, the ma1,~up' of. Lie .fesponse.team and itS eqmpmenfafid minimum financial .
'n~.ds of the team,. ~' weI~ as other' conCerns. as: are.statutoz:jlyrequired.
.'T'heSta~ Emergency Respo~se Beam wishes to thank those C6rnm~injti~ who. submitted
propoSals which' were not selected.. : . . .
Sincerely,. , .
1) ~, STATE E~ERGEN~ R~.sPONSl$llOARD:
. .~ c:~ ..&(,...., .
"'~'~./.Ct.jf~rJ . ,. \. ro. ;/:.... '. , .
)ic. 2. Sachse . . . '.
urci,1asing Agent
;vi~cot1si-n Depanmem. ofM'iIit2J)' Aff~rs, .'
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EXHIBIT C
State of \Yisconsin . \
STATE EMERGENCY RESPONSE BOARD
4804' SHESOYGAN AVENU" 1<00,,-< 9S'':'
;>oeoX785S '.
J.,(AO!SON WlSCONS::--: 5370:;.78<;5'
'T:LEPHONE (5OS1 ?6S-.3::3?
September 1.6, 1993
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Chief stan Tadych
Oshkosh Fire Department
101. Court str~et
Oshkosh, WL :S4QOl
.DearChief~adych:
.At the August 12, 1993 state' Emergency Response. Board. meeting, the
Board approved the' selection. . o~ i:wO(2) additional RegioI:lal
:HazardousMa:terials Response Teams. Th~ Noi::\:heast Wisconsi~Hazmat .
. .Task Force was, designated "as an additional Regional Hazardous
Materials 'Response. Teain.to enter'into'contract negotiations. .
\
I,t, is' the intent of the state Emergency Response Board to negotiate'
the final contract' to . meet. the statewide 'n,eeds for' Regional
3.zard,ous Materials Response Teams.. This letter' is. ,thus' only t.o be
considered a notice of intent to contract and does not constitute
a coptractual. comm.i tment. . . '. . .
The. State Emergency Response" B9ard. t:hrou,gh the Administra to~ of the
EmergencY '-Gciver.nment.; 'the purchasing agent for the . bepartment Of
'Military Affaii:'s . 'and such other personnel' ,as ar~. deemed necessary,
sha~.l serve as' a' negot.iating:team tQ.neg9tiate the t<ermso( a/ fili.~l
'contract. .The terms of this coIitr:.act .will iricl ud,e such 1 t~s . as the'
description of the geographi'c' :area, theniaJceup' 'of the re'sponse' team
and i ts~'equipmentand minilnum. f'inan~ialneeds: of the teaJD., as well
as other concerns ~s' are statutprily' required.. .
.' Sincerely,
. FOR THE' oS'TATE EMERGENCY 'RESPONSE
.~.!..~ .. ..~ .
{e:-7E;C6nner,~ .
Chair' .
State Emergency Response Board
BOdItL?~4
William Schmaltz I
'Purchasing Agent .
WI Dept:..: .of . Military. Affairs' .
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EXHIB XI' c:
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Regional Response Team Area Coverage
as of July 1, 2000
Wisconsin Emergency
Management,
Regional Response Team
System
EXHIBIT E
REGIONAL RESPONSE TEAM BUDGET
FY 2007 - 2008
FY 2008 - 2009
REGIONAL RESPONSE TEAM: APPLETON & OSHKOSH
NUMBER OF CORE TEAM MEMBERS: 60
NUMBER OF FIRE JURISDICTIONS: 127
DESIGNATED CAT TEAM(S): BROWN COUNTY
CITY OF MARINETTE
PERSONNEL AND ADMINISTRATIVE COSTS
(Number of core team members x $2325 per member)
$139,500
OUTREACH COSTS
(Number of fire jurisdictions x $100 per jurisdiction)
$12,700
EXPENDABLES
$15,000
EQUIPMENT
$10,000
EXTRAORDINARY~SC.EXPENSES
o
CAT TEAM COSTS
$33,000
ANNUAL BUDGET
($11.998)
$198,202
ADJUSTMENTS