HomeMy WebLinkAboutNortheast Wisconsin HAZMAT Task force pREP,t
15CONsj
*
t=1 W EM
z
'icy M P 2*('
RESPOS'
EXTENDED
CONTRACT FOR
REGIONAL HAZARDOUS MATERIALS
RESPONSE TEAM SERVICES
JULY 1, 2011 THROUGH DECEMBER 31, 2011
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, 2011
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") for the provision of regional hazardous materials response team
services as described herein and authorized under 1991 Wisconsin Act 104, as
codified in §323.70 of the Wisconsin Statutes and as further amended.
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 named
responsibilities are and shall remain the sole obligations of the Wisconsin
Department of Natural Resources under § §292.11 and 323.60(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 six months
commencing July 1, 2011 through December 31, 2011.
2.0 Definitions
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 Request for Proposal and Addenda
Exhibit B Northeast Wisconsin Hazmat Task Force Proposal
Exhibit C Notice of Intent to Award
Exhibit D Primary Response Area
1
Exhibit E Six -month Budget
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 29 CFR 1910.120(q)(6)(iv), as further amended. Under
§323.70(2), Stats., the Division may only contract with a local agency.
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,
safety and /or the environment.
Level A Release means a release that meets the specifications under §323.02(11)
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 defined in 42 U.S.C. §9606 and
§9607, 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
2
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.
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.
3
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 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 "Call Out 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 is discussed more fully below.
4.1 Standby Costs: As provided under §323.70(2) of the Wisconsin Statutes,
Contractor will be subsidized annually, commencing fiscal year 2011/12, 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 §20.465(3)(dd) of the Wisconsin Statutes. Such
standby costs include, but are not limited to:
(1) Specialized Training Expenses: The Division shall, subject to available
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
4
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 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 govemment 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 §323.70(3) 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" 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
5
expenses may reflect replacement personnel costs and indirect
charges /costs for wage, fringe, death and duty disability 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 §323.70(3) 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 §323.70(4), Wis. Stats. and, under certain conditions,
pursuant to the amounts appropriated under §20.465(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 §323.71 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
§20.465(3)(dr), Stats., only if the regional emergency response team has made a
good faith effort to identify the person responsible under §323.70(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
financially 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
§20.465(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 $86,978.50 for six months for stand -by costs as described in "Exhibit E"
6
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 §323.70(3), 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 (10) working days of the response. If the Contractor seeks Division
reimbursement under §323.70(3), or from the emergency response supplement
created under §20.465(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 §20.465(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
7
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 §20.465(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 §20.465(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 "Call Out 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 §323.70(3),
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 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 §323.70(5) 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 duty 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 materials emergency except as approved and authorized under this
8
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 §323.41, Wis. Stats.
For purposes of §895.46(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 §895.46(1), Stats. For purposes
of this section, operations means activities, including travel, directly related to a
particular emergency response involving a hazardous material responsefincident
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 local emergency response team:
Under §895.483 Wis. Stats., 1) a regional emergency response team, a member
of such a team, and a local agency, as defined in §323.70(1)(b), 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 §323.70(2); 2) a local 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
§323.61(2m)(e); and, 3) a local emergency planning committee created under
§59.07(146)(a)1, Stats., that receives a grant under §323.61 is immune from civil
liability for acts and omissions related to carrying out its responsibilities under
§323.61.
5.3 Statutory Civil Immunity: §895.4802 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
9
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 §895.4802(3)(c) 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 §895.4802, Stats.
Additional terms, definitions and exceptions to this statute are explained in
§895.4802 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, commercial
liability, bodily injury and property damage insurance against any claim(s) which
might occur in carrying out this Agreement. Minimum coverage is one million
($1,000,000) liability for bodily injury 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 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 "Exhibit 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 all owned, non -owned and hired vehicles that are used in
carrying out this Agreement. This coverage may be written in combination with the
commercial liability and property damage insurance mentioned in Subsection 6.1.
Minimum coverage shall be one million ($1,000.000) per occurrence combined
single limit for automobile liability and property damage.
10
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. as "Exhibit G ". The Certificate is required to be
presented prior to commencement of this 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 required 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.
7.2 Dual Employment: §16.417 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 Affairs
and the Division.
11
7.4 Conflict of interest: Private and non - profit corporations are bound by §180.0831
and §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 govemment, 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 final 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 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
12
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 notice 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 in 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.
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
13
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:
ATTN: 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:
ATTN: Office of Legal Counsel, WING -LGL
WI Dept. of Military Affairs
PO Box 14587
Madison, WI 53714 -0587
14
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 of the 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.
15
Approving Signatures:
ON BEHALF OF THE DIVISION OF EMERGENCY MANAGEMENT (DIVISION)
Dated this \ day of -J[h1F, 011
Brian M. Satula, Division Administrator
16
CITY OF APPLETON, WISCONSIN
A Wisconsin Municipal Corporation
Agreement: REGIONAL HAZARDOUS MATERIALS RESPONSE TEAM SERVICES
Date: 0 1 /moo
A Mr
y: Tinir y Hanna, Mayor A -st: Cindi Hesse, City Clerk
Approved as to form:
J es P. Walsh, City Attorney
Countersigned pursuant to §62.09(10), Wis. Stats.:
isa A. a , Director of Finance
On behalf of the Appleton Fire Department
1
Jig 1..
L n Vander Wyst, Fire Chief
17
On Behalf of the City of Oshkosh
A Municipal Corporation
Dated this % A
, day of 414/ , 2011
Signature: a- - -'-2
Printed Name: Mark A. Rohloff
Title: City Manager
Address: 215 Church Avenue
City /State: Oshkosh, WI Zip: 54902 -1130
On Behalf of the City of Oshkosh
Dated this t <•day of(i A...et , 2011 -r Signature �L. " ! � i
Printed Name: Pamela Ubrig
Title: City Clerk
Address: 215 Church Avenue
City /State: Oshkosh, WI Zip: 54902 -1130
On Behalf of the City of Oshkosh
1
Dated this � ay of 1 • 2011 7
Signature: � 2
Printed Name: P'e jySteeno
Title: Finance Director
Address: 215 Church Avenue
City /State: Oshkosh, WI Zip: 54902 -1130
18
Approved as to form:
Dated this Itday of 014' , 2011
0
Signature: AIL at .. ANL ..1.
Printed NM - . Lynn A. i Fenson
Title: City Attorney
Address: 215 Church Avenue
City /State: Oshkosh, WI Zip: 54902 -1130
19
EXHIBIT A
A
REQUEST FOR PROPOSAL (RFP)
for:
vii • : ; •
Na Mt&
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 WiI1 Rejected
•
TABLE :N' i -NTS
•
?zee
1.0 General Specificatioas 1
1.1 Lri oduction and Background 1
1.2 Procuring and Contracting Agency 1
1.3 Definitions
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
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 . g
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 arid 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 Retention 12
8.9 Team Personnel Termination 12
8.10 Hold Harmless : . 12
8.11 Termination of Aer ement .. , 12
8.12 Prime Cont and Minority Business Subcontractors 13
8.13 Executed Conti act to Constitute Entire Agreement 13
8.14 News Releases 13
9.0 Required roans 13
•
1.0 General Spe`ifica?
1.1 Introduction and Backs_n:...au.
The. State Emergency Response Board (SERB) was created by 1987 Wisconsin Act 342 and
is responsible for administering the provisions of Title III 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 and no more than 11 regional response teams, each of which will assist
in the emergency response to Level A releases in a region designated by the board.
• The Department of Military Affairs, Division of Emergency Government's charge is to
prepare the state and its subdivisions to cope with emergencies resulting from enemy action
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 Iaw. Resources are also drawn from other state agencies as needed.
The Legislature has recognized the increasing risks presented by hazardous materials used
• in facilities throughout Wisconsin and transported 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 andfor fiscal resources of most communities in the state.
The need for ,a 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 Sachs e, Purchasing
Agent.
Any contract resulting from thisRFP will be administered by the SERB and the Department
of Military Affairs, Division of Emergency Government. The contract administrator will
bite SERB Chair or hisTher designee.
1.3 Definitions.
• The foIIowing definitions are used throughout the RFP: -
SERB means the State Emergency Response Board.
Department means the Department of Military Affairs.
Division means the Division of Emergency Government.
Regional Team means one of the? to 11 fire departments chosen by SERB
to provide regional Level A HazMat response that meets the standards under
29 CFR 191O.120(q)(6)(iv) and NFPA 471 and 472. Under Chapter 166.215(1),
the SERB may only contract with public organizations that meet the above Iisted standards.
J ,
•
Proposer means a fire clepartmient submitting a proposal in response to this RFP;
Ernervencv me2ns a situation which presents 2.11 imminent risk to public health, safety
or the environment. -
Level A Release means a release that meets the specifications under Section 9,
Chapter 166.20(ge), Wisconsin Statutes.
1.4 Clarification of the Specifications and Requirements
A pre - proposal conference will be held Monday, October 19, 1992 Qr 2:00 p.m., Division
of Emergency Government, Hill Farm 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 interpreting these specifications, written questions will
be accepted until Friday, October 30, 1992, by:
Jayne Meyer, Acting Hazmat Coordinator
Division of Emergency Government
F.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 effective 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 Regional Team and the contract will be based on the
. information submitted in the proposal plus references and any required on- site•visits (the
need for which will be determined by the board or its representative) or oral presentations.
Proposers should respond clearly and completely to alI requirements. Failure to respond
completely may be the basis for rejecting a proposal. •
Elaborate proposals (e.g. expensive art work), beyond 'that sufficient to present a complete
and effective proposal, are not necessary or desired.
2.2 Incurring Costs
•
The State of Wisconsin is not Iiable for any cost incurred by teeams in replying to this RFP.
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 nack2zed, sealed, and indicate the following
info_rination on the outside of the package:
• Proposer's name and address
• Request For Proposal title and number
• Proposal due date
The proposal package must be delivered to:
State Emergency Response Board
c/o Department of Military Affairs
Attn: Diane Saclase, 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 not
be accepted..
2.4 Proposal Orga ni7ation and Format
•
J 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 written proposals. 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 Iocation for each oral presentation it requests. Refusal to honor the
request for oral presentation or site visit may result in the rejection of the proposal. •
3.0 Proposal Selection and Award Process
•
3.1 Proposal Scoring
All proposals submitted and accept will be reviewed by an evaluation comziirtee and
scored against the stated criteria. The committee may review references, request oral
presentations, and conduct an on -site visit and use the results in scoring the proposals. The
evaluation committee's scoring will be tabulated and proposals ranked on the numerical
scores receiv If the geographical location of any of the proposals is duplicated, the
highest score will prevail for that region.
3.2 Right to Reject Proposals and Negotiate Contract Ter
The SERB reserves the right to reject any and all proposals and to negotiate the teru,s of the
contract, including the award amount, with the selected proposer prior to entering into a
contract. If contact negotiations rannot be concluded successfully with the highest scoring
proposer, the SERB may negotiate a contract with the net highest scoring proposer.
3.3 Evaluation Criteria
1. Proposer's familiarity with S. 166.20 (1)(2)(3), 165.215 Wis.
Stats. and associated regulations. (5%)
II. Personnel, Equipment and Costs (
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 hand that would be needed
to respond to a Level A spill or release.
C. Training, both in-house and outside classroom
D. Availability of specialized staff and/or subcontractors
to be utilized by t
E. Team's. Accounting and Billing System
M. Technical Capability and Approach to Meeting Requirements. (15%)
A. Completeness in meeting all specification requirem ents
based on the applicant team's detailed proposal of how •
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 past two (2) years; plus proposer references.
W. 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 S300,000 annually Cm addition to costs
recovered from responsible parties and SERB - sponsored raining).
, 1
V. Geographical Location (25%)
(A) Physical location of team
(B) Size of propos i service area
(C) Access of major transportation routes/highways
•
(D) Response barriers
3.4 Notification of Award
• Each proposer whose 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 sup ervision of the
Department of Military Affairs Purchasing staff, copies of proposals will be made ava
for public inspection between the hours of 8:00 a.m. and 4:00 p.m. at 3020 Wright Street,
Madison, WI 53704.
3.5 Appeals Process for Notice of Intent to Award
Notices of intent to protest and protests must be made in writing. Protestors should make
their protests as specific as possible and 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, Arlrninistrator, Division of Emergency Government, 4802 Sheboygan
Avenue, Rm. 99A, P.O. Box 7865, Madison, WI 53707 -7865, telephone (608) 241 -5409,
no later than five (5) working days after the notices of intent to award are issued.
The written protest must be receiv 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.
4.0 General Prop -oral Requirements
4.1 D•e_ccription of Project
Protect Description
Toe SERB is issuing this Request for Proposal that will result in contracts for responding to
Level A hazardous materials spills or releases.
Objectives
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 spe up the emergency response process.
Needs
The 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(g)(6)(iv) and National Fire Protection Association Standards NFPA 471 and 472.
• I. Each applicant regional team must provide a letter or resolution of concurrence from
their authorizing authority.
II. Proposer must include in their RFP a list of organi /companies which can be •
used as references for work 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 supplies. If a team does not meet the required standards [29 CFR 1910.120. •
and NFPA 471 and 472) at the time this proposal is submitted, outline the personnel,
training, equipment or other materials ne ded and the proposed time frame for meeting the
requirements.
I. Staff Oualincations/Experience
Each applicant regional team must provide in the proposal:
A. Categories of personnel to be used for this contract.
B. Number of personnel in each category, wages (be
specific: hourly or monthly rate) in each category,
years of experience per individual to be used on the
team.
C. Number of additional personnel nee in each
category.
D. A description of the team's organizational structure
including chain of command, field command system,
and auxiliary personnel (Le. training coordinator,
medical recordskeeper). Include Organizational
Chart.
E. List the area/cities/towns from which the team will
draw its membership.
IL Eoui menu
• Each applicant regional team must provide specifications on the types and quantities
of hazmat response equipment, hardware and supplies owned or available for use by
the team. .Also include the following information:
A. Vehicle(s) make, rnodeI, age, approximate value and
replacement time frame
B. Types, quantities and costs of additional necessary
vehicles purchases
C. Durable equipment and projected replacement d ates of
durable equipment and costs •
D. Types, quantities and costs of additional necessary
durable equipment purchases
•
E. Replacement budget for consumable supplies
- III Training
List types of training:
A. In-house
B. Outside classroom
IV. Sp ecialize d Star and /or Sub contractors
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.
V. Team's Accountina and D Svstem
Each applicant regional team must provide in the proposal:
A. Chargeback Schedule for personnel, equipment and
materials to a responsible 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 of the spfl 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 gi
of what is expected in each response report. b the proposers an idea
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
2. Writte ort with actions noted. emergency, 2f possible and /or practical.
•
The team shall prepare and submit a report for each response incident. The report
shall include a detailed accounting of the response incident including, but not Iimited
to:
a. Date and time team was notified, time of
response
b. Identity of notifying agent
c.. Spilled substance type, quantity, and
source, including specific actions taken to
mitigate further migration and source
control
d. Itemized copy of bill for submission to
responsible parry
e. Accurate documentation and testimony
for litigation involving costs incurred
f. Accounting of injuries and exposures of
T.am personnel
g Identity of unit in charge of scene upon
departure of regional team
C. Disposal
Proposer shall include a Iist of resources available to provide
licensed tiansport and disposal of hazardous substances.
D. Access Restriction
•
The team shall provide, or arrange for adequate access restrictions
as needed at the site. This can include the of fencing
- or other barriers to restrict access and secure the site:
5.2 Team Capability History
Describe the team/departuient's capabilities and experience, in the last two (2) years,
providing similar tasks to those required. Be specific and identify incidents, dates and
results.
6.0 Cost Proposal
•
Supply a five (5) year budget proposal for completion of team development and maintenance. List
breakdown of costs for where and how funds will be used.
The funding ceiling is $300,000 annually (m addition 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.
•
IL Show on a map the geographical area the team will be able to serve and the approximate
response times to the limits of the area.
III. List access to major transportaion routes/highways.
IV. List response barriers, natural and /or man -made, and other unique access or geographical
features that will assist or hinder response.
8.0 Standard Contract Terms, Conditions and Requirements
8.1 Acceptance of Proposals Contents
Tne contents of the proposal, including 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 restrictin competition,
•
as to any matter relating to such with any other proposer or with any competitor
information;
• 8.2.2 Unless otherwise required by law, the costs and information which have been quoted
in this proposal have not been knowingly disclosed by the proposer 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
indirectly 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 induce 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
or an;7ation for the decision as to the prices being offered herein and that he/she has
not participated, and will not participate, in any action contrary to above; or
He /She is not the person in the proposer's organi7ation responsible within that
orpni7ation for the derision as to the prices being offered 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 throu b 8.2.3 above, and as their agent does hereby
so certify; and he has notparticipated, and will not participate, in any action contrary
to above.
8.3 Disclosure of Indep-endence and Relationship
• Prior to award of any contract t
y an applicant regional teem shall certify in writing to the
procuring agency
y that no relationship exists between the applicant regional team and the
procuring or contracting agency that interferes with fair
interest, and no. relationship exists between the team and another p person or organization a conflict a t
constitutes a conflict of interest with respect to a state contract. The Department of
Administration may waive this provision, in writing
regional team wtfl not be adverse to the interest ofthe�s`tate. activities of the applicant
Regional teams shall agree as part of the contract for services that during performance. of
contract, they will neither provide contractual services nor enter into yagreement t to
organization provide services to a person or ora r•
azency on that is regulated or fund by the contracting
aencJ or has interests that are adverse to the contracting agency. Th De
Administration may waive this provision, in writing, those activities p raeto r l
not be adverse to the interests of the State. " if s of the contractor will
8.4 Dual Employment
Section 16.417, Wis. Stats., prohibits an individual who is a state employee or who
retain 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 55,000 as compensation.
. This prohibition applies only to individuals and does not include corporations or
partnerships. .
' 8.5 Employment
Regional teams will not engage the services of an
state, incIudin any person or persons now employed. by the
g 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 hf'tlitary Affairs and the SERB.
8.6 Liability
A member of a regional emergency response team who is acting under a con
employee of the state for the - tract, is an
165 . 2 15(4). Section 17, 895.483 purposes
IiabRity exemption: A regional emergency response won
team and a member of such team are immune from civil liability for acts or omissions
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. Stets.
regarding conflicts of-interests by directors in the conduct of state contracts.
•
•
8.8 Recordkeepj and Record Retention
The regional team shall establish and maintain adequate records of expenditures
under the contract. MI rte,.,. -d � all exp nditt.r.s inc�.l�
,,� s m=ust be kept in accordance with e
accounting principles and cord � , - � � nerally accented
st nt with f state and Iocal ordinances. The SERB
Shall have the right to audit, review, examine, copy and transcribe any pertinent records or
documents 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 nealiee t or
unresponsive to the contractual requirements, the SERB ma require the removal of this
member from the team. Upon the receipt the written notice of the
the team member from the SERB, the team member shall be immediately refrov removal e
• team. A request by the SERB to dismiss an employe shall not constitute an order to
discipline or discharge the employe. All actions taken by the team and /or fir depar ent
management in regard to employe discipline shall be at the sole discretion-of the team and /or
fire department management.
8.10 Hold Harmless
• The SERB, the Division of Emergency Government, the Deparnnent of Military Affairs, and
the State of Wisconsin shall beheld harmless in any disputes the team and/or fire
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..frorn this RFP
delivering 30 days written notice to the regional team.' to termination, f
any tame for cause by
Iiabf ity will be Iimited to the pro rata cost of the services performed as of the dare o
• . termination plus expenses incurred with the prior written approval of the SERB. A. regional
of
team may terminate this agreement after the five period. Earlier year ac
termination may be granted by the SERB for extraordinary ciircumstan s. ve nt th e
regional team. terminates this -a; any .z eement for an re it will the event the
son whatsoever, it I refund to the
•
SERB within 60 days . of said termination all a
regional. team for work not completed or not by SERB e by the SERB to the
the team, will require written notice to that effect o delivered be deliv to the Any SERB not les SERB not les s than a
six (6) months prior to said termination.
A n
8 Prime Contractor and Minority Business Subcontractors
In the event a regional reaiaregional =°
by regional team subcontracts for supplies and/or services, any subcontractor
must abide y all terms and conditions of the conLLact.
should be cI�rl P-., �• o However, When subcontrac ±ors are use, this
y exila.inedintheproposal. however, the regional team will be responsible
for contract performance wber or not subcontractors are used.
The successful regional team will be encouraged to purchase services and supplies when/if
appIicable from minority businesses certified by the Wisconsin Department of Development,
Bureau of Minority Business Development.
•
The Department of Military Affairs will require from The successful teams a quarterly report
of purchases of such supplies and services necessary for the implementation of the contract.
8.13 Executed Contract to Constitute Entire Agreement
• In the event of contract award, the contents of this RFP (including alI attachments), RFP
addenda and revisions, the proposal of the successful regional team, and additional terms
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 canceIIation of award.
8.14 News Releases
)
News releases pertail -gig to this procurement or any part of the proposal shall not be made
. without the prior approval of the SERB.
•
9.0 Required Forms
•
The foIIowing forms must be completed and submitted with the proposal in accordance with instructions given in Section 2.4. Blank forms are attached: the
Attachment A - Affidavit
Attachment B - Des gnation of Confidential and Proprietary
• Attachment C Standard Terms and Conditions Information
Attachment D - QuarterIy Minority Business Report
•
•
•
_J
i
AFFIDAVIT A i ?ACi'M T .A
S, C M='! E AP;D.,SUS";IT THIS AFFIDAVIT i W! I L HIS/HER r
Gti �'fiJr'D.7A' .
RO 'DSER "'1 C, ER ENCE. ease indicate -
b81Dw I claim -
claiming �, proposer preference.
Minority Business Preference (s. _
•
certified by the Wisconsin Department J o of m Development (DOD) . M . I f you
have Questions concerning the certification process, contact DOD,
Bth floor, 123 W. Washington Ave., Madison, WI 53702; (602) 267 - 9550.
•
AMERICAN -MADE MATERIALS:
• The materials covered in our proposal were manufactured in whole or in
substantial part within the United States or the t
parts thereof •were manufactured in whole or in substantial part she component
States. part in the United •
. ❑ Yes
No- 0 Unknown
AFFIRMATIVE ACTION PLAN:
in accordance with s. 16 .765(2)(0,- Wis. Stets., as implemented
ay Wisconsin
'Administrative Code 50, please state if an affirmative action plan is on file
with the State of Wisconsin.
•
D Yes El No ❑ Unknown
•
In sgning this i j'j we also ce
or i:girectl r`i L -that we have not either; directly
Y, entered into any agreement or participated in any collusion or
otherwise taken any action in restraint of free competition; that 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
arrived at without collusion with any other rapose h competitor indeo potential ly
competitor; that this proposal has not been knowingly disclosed prior to.
•
opening of proposals to any other proposer-or competitor; that the above
statement is accurate under penalty of perjury.
We w i l l comply with all terms, conditions, and specifications required by the
State of Wisconsin in this Request for Proposal and the terms of •our proposal.
•
Name • Title
(Type or r
Signature Fire Dept.
Date
Telephone Number •
.Fire Dept, Federal Employer Identification ntification N.
(To assure accurate proposer identification for billing ourooses)
EF ATE OFR'ISCONSI,N
DOA-1327 (al D/29) ATTACHMENT 3
DESIGNATION OF
CONFIDENTIAL Al PROPRIETARY _
INFORMATION
The attached material submitted in response. to .Bid/Pr000sal
confidential information which qualifies as a trade secret, as r includes proprietary and
otherwise material that ran be kept confidential under the Wisconsin Open Records Law. ( As such, we ask that
certain paces, as indicated below, of this bid /proposal response be treated as confidential material and not be
released without our written approval.
We request that the fallowing pages not be released:
Section
Page g Topic •
•
•
•
•
•
IN THE - EVENT THE DESIGNATION OF CONFIDENTIALITY OF THIS INFORMATION IS ,
CHALLENGED, THE UNDERSIGNED 'HEREBY AGREES TO PROVIDE LEGAL COUNSEL OR
OTHER NECESSARY ASSISTANCE TO DEFEND THE DESIGNATION OF CONFIDENTIALITY.
This does not apply to bid or proposal prices. Prices are always open. Other information usually cannot be
kept confidential unless it is a trade secret. Trade secret is defined in s.134.90 ( I )() c Wis. Slats. as follows:
'Trade secret" moans information, including a formula, �
technique or process to which all of the following I 1. Theinformation derives independent �economc
� a PP5•
•
•
value, actual or potential, from not being generally known to, and not 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 that 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 our of the release. of any materials unless they are specifically identified above.
Name- Authorized Representative
Signature — Authorized Representative
J Company Name
Wisconsin Department of Administration
Chs. 16, 19, 51 EXHIBIT A
DOA -3054 (R10/2005)
Page 1 of 3
Standard Terms And Conditions
(Request For Bids / Proposals)
1.0 SPECIFICATIONS: The specifications in this request are 7.0 UNFAIR SALES ACT: Prices quoted to the State of
the minimum acceptable. When specific manufacturer and Wisconsin are not govemed by the Unfair Sales Act.
model numbers are used, they are to establish a design,
type of construction, quality, functional capability and /or 8.0 ACCEPTANCE - REJECTION: The State of Wisconsin
performance level desired. When altemates are reserves the right to accept or reject any or all
bid /proposed, they must be identified by manufacturer, stock bids /proposals, to waive any technicality in any bid /proposal
number, and such other information necessary to establish submitted, and to accept any part of a bid /proposal as
equivalency. The State of Wisconsin shall be the sole judge deemed to be in the best interests of the State of
of equivalency. Bidders /proposers are cautioned to avoid Wisconsin.
bidding alternates to the specifications which may result in
rejection of their bid /proposal. Bids/proposals MUST be date and time stamped by the
soliciting purchasing office on or before the date and time
2.0 DEVIATIONS AND EXCEPTIONS: Deviations and excep- that the bid /proposal is due. Bids /proposals date and time
tions from original text, terms, conditions, or specifications stamped in another office will be rejected. Receipt of a
shall be described fully, on the bidder's /proposer's letter- bid /proposal by the mail system does not constitute receipt
head, signed, and attached to the request. In the absence of a bid /proposal by the purchasing office.
of such statement, the bid/proposal shall be accepted as in
strict compliance with all terms, conditions, and specifica- 9.0 METHOD OF AWARD: Award shall be made to the lowest
tions and the bidders /proposers shalt be held liable. responsible, responsive bidder unless otherwise specified.
3.0 QUALITY: Unless otherwise indicated in the request, all 10.0 ORDERING: Purchase orders or releases via purchasing
material shall be first quality. Items which are used, cards shall be placed directly to the contractor by an
demonstrators, obsolete, seconds, or which have been authorized agency. No other purchase orders are
discontinued are unacceptable without prior written approval authorized.
by the State of Wisconsin.
11.0 PAYMENT TERMS AND INVOICING: The State of
4.0 QUANTITIES: The quantities shown on this request are Wisconsin normally will pay properly submitted vendor
based on estimated needs. The state reserves the right to invoices within thirty (30) days of receipt providing goods
increase or decrease quantities to meet actual needs. and /or services have been delivered, installed (if required),
and accepted as specified.
5.0 DELIVERY: Deliveries shall be F.O.B. destination freight
prepaid and included unless otherwise specified. Invoices presented for payment must be submitted in
accordance with instructions contained on the purchase
6.0 PRICING AND DISCOUNT: The State of Wisconsin quali- order including reference to purchase order number and
fies for governmental discounts and its educational institu- submittal to the correct address for processing.
tions also qualify for educational discounts. Unit prices shall
reflect these discounts. A good faith dispute creates an exception to prompt
payment.
6.1 Unit prices shown on the bid /proposal or contract
shall be the price per unit of sale (e.g., gal., cs., doz., 12.0 TAXES: The State of Wisconsin and its agencies are
ea.) as stated on the request or contract. For any exempt from payment of all federal tax and Wisconsin state
given item, the quantity multiplied by the unit price and local taxes on its purchases except Wisconsin excise
shall establish the extended price, the unit price shall taxes as described below.
govern in the bid /proposal evaluation and contract
administration. The State of Wisconsin, including all its agencies, is
required to pay the Wisconsin excise or occupation tax on
6.2 Prices established in continuing agreements and its purchase of beer, liquor, wine, cigarettes, tobacco
term contracts may be lowered due to general market products, motor vehicle fuel and general aviation fuel.
conditions, but prices shall not be subject to increase However, it is exempt from payment of Wisconsin sales or
for ninety (90) calendar days from the date of award. use tax on its purchases. The State of Wisconsin may be
Any increase proposed shall be submitted to the subject to other states' taxes on its purchases in that state
contracting agency thirty (30) calendar days before depending on the laws of that state. Contractors perform -
the proposed effective date of the price increase, and ing construction activities are required to pay state use tax
shall be limited to fully documented cost increases to on the cost of materials.
the contractor which are demonstrated to be indus-
trywide. The conditions under which price increases 13.0 GUARANTEED DELIVERY: Failure of the contractor to
may be granted shall be expressed in bid /proposal adhere to delivery schedules as specified or to promptly
documents and contracts or agreements. replace rejected materials shall render the contractor liable
for all costs in excess of the contract price when alternate
6.3 In determination of award, discounts for early procurement is necessary. Excess costs shall include the
payment will only be considered when all other con- administrative costs.
ditions are equal and when payment terms allow at
least fifteen (15) days, providing the discount terms 14.0 ENTIRE AGREEMENT: These Standard Terms and
are deemed favorable. All payment terms must allow Conditions shall apply to any contract or order awarded as
the option of net thirty (30). a result of this request except where special requirements
DOA -3054
Page 2 of 3
are stated elsewhere in the request; in such cases, the on preparing the plan and technical assistance
special requirements shall apply. Further, the written regarding this clause are available from the
contract and /or order with referenced parts and attach- contracting state agency.
ments shall constitute the entire agreement and no other
terms and conditions in any document, acceptance, or 19.2 The contractor agrees to post in conspicuous places,
acknowledgment shall be effective or binding unless available for employees and applicants for employ -
expressly agreed to in writing by the contracting authority. ment, a notice to be provided by the contracting state
agency that sets forth the provisions of the State of
15.0 APPLICABLE LAW AND COMPLIANCE: This contract Wisconsin's nondiscrimination law.
shall be govemed under the laws of the State of Wisconsin.
The contractor shall at all times comply with and observe all 19.3 Failure to comply with the conditions of this clause
federal and state laws, local laws, ordinances, and may result in the contractor's becoming declared an
regulations which are in effect during the period of this "ineligible" contractor, termination of the contract, or
contract and which in any manner affect the work or its withholding of payment.
conduct. The State of Wisconsin reserves the right to
cancel this contract if the contractor fails to follow the 20.0 PATENT INFRINGEMENT: The contractor selling to the
requirements of s. 77.66, Wis. Stats., and related statutes State of Wisconsin the articles described herein guarantees
regarding certification for collection of sales and use tax. the articles were manufactured or produced in accordance
The State of Wisconsin also reserves the right to cancel with applicable federal labor laws. Further, that the sale or
this contract with any federally debarred contractor or a use of the articles described herein will not infringe any
contractor that is presently identified an the list of parties United States patent. The contractor covenants that it will
excluded from federal procurement and non - procurement .. at its own expense defend every suit which shall be brought
contracts. against the State of Wisconsin (provided that such
contractor is promptly notified of such suit, and all papers
16.0 ANTITRUST ASSIGNMENT: The contractor and the State therein are delivered to it) for any alleged infringement of
of Wisconsin recognize that in actual economic practice, any patent by reason of the sale or use of such articles, and
overcharges resulting from antitrust violations are in fact agrees that it will pay all costs, damages, and profits recov-
usually bome by the State of Wisconsin (purchaser). erable in any such suit.
Therefore, the contractor hereby assigns to the State of
Wisconsin any and all claims for such overcharges as to 21.0 SAFETY REQUIREMENTS: All materials, equipment, and
goods, materials or services purchased in connection with supplies provided to the State of Wisconsin must comply
this contract. fully with all safety requirements as set forth by the
Wisconsin Administrative Code and all applicable OSHA
17.0 ASSIGNMENT: No right or duty in whole or in part of the Standards.
contractor under this contract may be assigned or dele-
gated without the prior written consent of the State of 22.0 WARRANTY: Unless otherwise specifically stated by the
Wisconsin. bidder /proposer, equipment purchased as a result of this
request shall be warranted against defects by the
18.0 WORK CENTER CRITERIA: A work center must be certi- bidder /proposer for one (1) year from date of receipt. The
fied under s. 16.752, Wis. Stats., and must ensure that equipment manufacturer's standard warranty shall apply as
when engaged in the production of materials, supplies or a minimum and must be honored by the contractor.
equipment or the performance of contractual services, not
less than seventy -five percent (75 %) of the total hours of 23.0 INSURANCE RESPONSIBILITY: The contractor perform -
direct labor are performed by severely handicapped ing services for the State of Wisconsin shall:
individuals.
23.1 Maintain worker's compensation insurance as
19.0 NONDISCRIMINATION 1 AFFIRMATIVE ACTION: In required by Wisconsin Statutes, for all employees
connection with the performance of work under this engaged in the work.
contract, the contractor agrees not to discriminate against
any employee or applicant for employment because of age, 23.2 Maintain commercial liability, bodily injury and prop -
race, religion, color, handicap, sex, physical condition, erty damage insurance against any claim(s) which
developmental disability as defined in s. 51.01(5), Wis. might occur in carrying out this agreement/contract.
Stets., sexual orientation as defined in s. 111.32(13m), Wis. Minimum coverage shall be one million dollars
Stats., or national origin. This provision shall include, but ($1,000,000) liability for bodily injury and property
not be limited to, the following: employment, upgrading, damage including products liability and completed
demotion or transfer; recruitment or recruitment advertising; operations. Provide motor vehicle insurance for all
layoff or termination; rates of pay or other forms of owned, non -owned and hired vehicles that are used
compensation; and selection for training, including appren- in carrying out this contract. Minimum coverage shall
ticeship. Except with respect to sexual orientation, the be one million dollars ($1,000,000) per occurrence
contractor further agrees to take affirmative action to combined single limit for automobile liability and
•
ensure equal employment opportunities. property damage.
19.1 Contracts estimated to be over twenty -five thousand 23.3 The state reserves the right to require higher or lower
dollars ($25,000) require the submission of a written limits where warranted.
affirmative action plan by the contractor. An exemp-
tion occurs from this requirement if the contractor has 24.0 CANCELLATION: The State of Wisconsin reserves the
a workforce of less than twenty -five (25) employees. right to cancel any contract in whole or in part without
Within fifteen (15) working days after the contract is penalty due to nonappropriation of funds or for failure of the
awarded, the contractor must submit the plan to the contractor to comply with terms, conditions, and specifica-
contracting state agency for approval. Instructions tions of this contract.
DOA -3054
Page 3 of 3
30.0 MATERIAL SAFETY DATA SHEET: If any item(s) on an
25.0 VENDOR TAX DELINQUENCY: Vendors who have a order(s) resulting from this award(s) is a hazardous chemi-
delinquent Wisconsin tax liability may have their payments cal, as defined under 29CFR 1910.1200, provide one (1)
offset by the State of Wisconsin. copy of a Material Safety Data Sheet for each item with the
shipped containers) and one (1) copy with the invoice(s).
26.0 PUBLIC RECORDS ACCESS: It is the intention of the
state to maintain an open and public process in the solicita- 31.0 PROMOTIONAL ADVERTISING / NEWS RELEASES:
tion, submission, review, and approval of procurement Reference to or use of the State of Wisconsin, any of its
activities. departments, agencies or other subunits, or any state offi-
cial or employee for commercial promotion is prohibited.
Bid/proposal openings are public unless otherwise speci- News releases pertaining to this procurement shall not be
fied. Records may not be available for public inspection made without prior approval of the State of Wisconsin.
prior to issuance of the notice of intent to award or the Release of broadcast e-mails pertaining to this procurement
award of the contract. shall not be made without prior written authorization of the
contracting agency.
27.0 PROPRIETARY INFORMATION: Any restrictions on the
use of data contained within a request, must be clearly 32.0 HOLD HARMLESS: The contractor will indemnify and
stated in the bid /proposal itself. Proprietary information save harmless the State of Wisconsin and all of its officers,
submitted in response to a request will be handled in agents and employees from all suits, actions, or claims of
accordance with applicable State of Wisconsin any character brought for or on account of any injuries or
procurement regulations and the Wisconsin public records damages received by any persons or property resulting
law. Proprietary restrictions normally are not accepted. from the operations of the contractor, or of any of its
However, when accepted, it is the vendor's responsibility to contractors, in prosecuting work under this agreement.
defend the determination in the event of an appeal or
litigation. 33.0 FOREIGN CORPORATION: A foreign corporation (any
corporation other than a Wisconsin corporation) which
27.1 Data contained in a bid /proposal, all documentation becomes a party to this Agreement is required to conform
• provided therein, and innovations developed as a to all the requirements of Chapter 180, Wis. Stats., relating
result of the contracted commodities or services to a foreign corporation and must possess a certificate of
cannot be copyrighted or patented. All data, docu- authority from the Wisconsin Department of Financial
mentation, and innovations become the property of Institutions, unless the corporation is transacting business
the State of Wisconsin. in interstate commerce or is otherwise exempt from the
requirement of obtaining a certificate of authority. Any
27.2 Any material submitted by the vendor in response to foreign corporation which desires to apply for a certificate of
this request that the vendor considers confidential authority should contact the Department of Financial
and proprietary information and which qualifies as a Institutions, Division of Corporation, P. O. Box 7846,
trade secret, as provided in s. 19.36(5), Wis. Stats., Madison, WI 53707 -7846; telephone (608) 261 -7577.
or material which can be kept confidential under the
Wisconsin public records law, must be identified on a 34.0 WORK CENTER PROGRAM: The successful
Designation of Confidential and Proprietary Informa- bidder /proposer shall agree to implement processes that
tion form (DOA- 3027). Bidders /proposers may allow the State agencies, including the University of
request the form if it is not part of the Request for Wisconsin System, to satisfy the State's obligation to
Bid /Request for Proposal package. Bid /proposal purchase goods and services produced by work centers
prices cannot be held confidential. certified under the State Use Law, s.16.752, Wis. Stat.
This shall result in requiring the successful bidder /proposer
28.0 DISCLOSURE: If a state public official (s. 19.42, Wis. to include products provided by work centers in its catalog
Stats.), a member of a state public official's immediate for State agencies and campuses or to block the sale of
family, or any organization in which a state public official or comparable items to State agencies and campuses.
a member of the official's immediate family owns or controls
a ten percent (10 %) interest, is a party to this agreement, 35.0 FORCE MAJEURE: Neither party shall be in default by
and if this agreement involves payment of more than three reason of any failure in performance of this Agreement in
thousand dollars ($3,000) within a twelve (12) month accordance with reasonable control and without fault or
period, this contract is voidable by the state unless appro- negligence on their part. Such causes may include, but are
priate disclosure is made according to s. 19.45(6), Wis. not restricted to, acts of nature or the public enemy, acts of
Stats., before signing the contract. Disclosure must be the government in either its sovereign or contractual
made to the State of Wisconsin Ethics Board, 44 East capacity, fires, floods, epidemics, quarantine restrictions,
Mifflin Street, Suite 601, Madison, Wisconsin 53703 strikes, freight embargoes and unusually severe weather,
(Telephone 608 - 266- 8123). but in every case the failure to perform such must be
beyond the reasonable control and without the fault or
State classified and former employees and certain negligence of the party.
University of Wisconsin faculty /staff are subject to separate
disclosure requirements, s. 16.417, Wis. Stats.
29.0 RECYCLED MATERIALS: The State of Wisconsin is
required to purchase products incorporating recycled mate-
rials whenever technically and economically feasible.
Bidders are encouraged to bid products with recycled
content which meet specifications.
EXHIBIT B
Due to the length of the document, the Proposal submitted by the
Contractor to RFP #93 -2 is available for public inspection and
reproduction, during regular business hours, at the Office of Legal
Counsel, WI Department of Military Affairs, 2400 Wright Street, Room 203,
Madison, WI 53704. Appointments can be requested at (608) 242 -3072.
-. i4` EknIBIT C
T M ate of I r isconsin \ STATE EMERGENCY RESPONSE BOARD
• � SFt e ' . 9 DYGAN A1FM,)r. RyJat ee
•
P.D BQx MS
Der-ember I7, 1992 wscoNsai s3'Q - 3as
TEt Norrt r6aeI � 1zv
•
Chief Richard D: Davis " -
Appleton Fire Department '
• 700 N Drew "Street
Appleton; WI 54911 -2927
f :Dear Chief. Davis:
The State'Emergency Response Board has selected.. the .following communities'
' otiate a final contract' to provide Regional'Eazardotis Materials Respose Teams r .. oposals to
- • •l. 'Racine •
2. Milwaukee ... ..
3. Appleton,
4. Madison
- , -.5. Superior
6. Wausau
• 7: Chipp Falls/Eau .Claire f
It is the intent of the State Emergency Response.,Board to negotiate the final contact to meet the
statewide needs for Regional Hazardous Materials Response Teams.. This letter is thus only to '
'be considered notice of intent to contract and does not constitute a. contractual .commitment: "
'I`h Stale c
•
Emer g ene R . nse Board through the Administrator of the Division of Emer to . .
.`Govcrnmcnt; �ie' R � g ry • ' ..i
g •a for' the -Department of'Mili :.Affair' - and such' other.
pci asaire d necessary; shall serve as a negotiating team to negotiate the terms of
. a .:final contract. The terms of this contract will: include.
a ,., � „� „_ �• .: such things as description of the � '� t
geograp,u,. area, uhre make -up of. the sponse tear and its m
ne ds of the team„ as well as other concerns: as am statutori] re ent any minimum tznancia�
X Tequircd. '
'Fie State Emergericy Response Board wishes to thank those communities w submitted
ho . sub {
prc :Os which” were not selected.
Sincerely
P FEE STATE EMERGENCY RESPONSE BOARD;'
: - • ,
•
?pia E. Sachse t
urcr acing Agent
Wisconsin Department of MiIi zry Affairs
` -.� EXHIBIT C
I - - ` 7 - State o \� 'iscor.sin \ STATE EMERGENCY RESPONSE BOARD
•
' 46?2 5}+'e30YGAN av?NU: n0 M o
?0.SOx s,
kta,tsoN W1SCON$ \ a%o;.^g&g •
ELc ?HORS (SOS;
?6o-x3Z
September. 16, 1993
• Chief Stan Tadych
Oshkosh Fire Department .
•
101 Court Street
' Oshkosh, WI 54901 •
•
• Dear Chief Tadych:
•
At the August 12, 199 State ' Emergency Response Board. meeting, the
- 3oard approved the selection. of two . (2) additional Regional
• - :Hazardous Materials Response. Teams. The Northeast Wisconsin Hazmat
••Task Force was designated as an - additional Regional Hazardous • .
Materials' Response Team' to enter into • contract negotiations. •
it, is the intent of the State Emergency Response Board to negotiate
the final contract to meet the statewide needs for Regional •
S. fazardous Materials Respon Teams. This letter is _thus only to be
considered notice of intent to contract and does not constitute
a contractual. commitment, is
•
The State Mnergency Response through the Administrator of the
. Emergency
rn ergency - Gave?-I rent -; - the purchasing agent for the • - Department of •
. Military Affairs and such other personnel'•as are deemed necessary, .
shall serve as a negotiating.. team to - .negotiate the terms of, a final
- contract. The terms of this contract will include such items. the
description of the geographic area, the makeup of the response team I
and its_•equipment and minimum financial 'needs of the team, as well
as other concerns as are statutorily required.
•
•
Sincerely, {
_
' FOR THE STATE EMERGENCY *RESPONSE BOARD: .
LK °.,---s--1-4----f-:-.-1--- / it tom---
Lero E. Conner,
William Schmaltz
Chair
Purchasing Agent
tate Emergency Response Board WI Dept, of Military Affairs
•
•
•
•
Exhibit D — Primary Response Areas
Regional Response Team Area Coverage
�
• .
'
Superior .
I nt,^r �� e -
s �` £ � 4 f ti, '� fd 7 tf 1 � �
{
. t a r
% f ¢ ,t £ .-4 , d 'Ig ° i 5 , a ' 1-*,--: ' `g F 'S - -
q � J. S � '.� s '� , � / a Z' � - `�t'a'xt '� � � Idyll; `jt# F 3; . t a `t ��„,, - _
'e TJ1`"9 C 1 �° 1 .. "F ,Q " 4 A S -..P. 1'. L. r
l , ` - er s ' - W ausau s c s m ,
4 " � $$
t 7- 4: P
, d " a y ' tit,'
a' ] ' $ a S Ify
, f m,'
k . Ste -- , e t F ? , "° I , - , ` ,� , '''.-7477: .
td
-"-,t_ � � 4R i � :�� � ri hi ' ° s � ¢ �9� ..,
' a
La Crosses C x ; ti #
z t.
• -e
z
Washi
Jefferson Waukesha . Milwaukee
kee
� -� -acine
) i � �
Wisconsin Emergency
Management,
Regional Response Team
System
EXHIBIT E
REGIONAL HAZARDOUS MATERIALS RESPONSE TEAMS
BUDGETS
JULY 1, 2011 THROUGH DECEMBER 31, 2011
E M NAM CU RRENT . ANNA Pt [ . d m °� OT " Fc�' . • OPO E0 .
? lig � o g io n 4 , a {(
a , 1 . e { ii , ' �
• ". ... 3c - & " . ' per centaa eaa t A"v3 ' . a � ,,,, `s� ' ' kG S ` g f t APPLETON/ $196,228 $176,606.14 $2,649.09 ; $173,957.00# $86,978.50
OSHKOSH (.1415786 %0)
• , . :. Qom 4 ' I 0,436 j S ? - . 0 4 . �'F �" 1 0 ! ..mss" i
9 `,°AZ`F a ;t I ;2; t� - . <`x w . ran „' 7 , s ' ` s 4 � +'°=E # :
LA CROSSE $118,523 $106.670.66 - $1,600.06 $105,070.60 $52,535.30
��1 (0855144 %)
3 y, . - 'tea ' � 3 1,11 � . s �: ! `` ; , `sa : ; e _ �` -7:._ _ t ; ' qua,/ ®� + § r � � � 14 47 �� � � X24' ' �� �� , � � 897 , w � � 941 � � '6467 ,� „ -� " C a ' ' t :" 1s f tat ' �` *r m, " s . 1
� .� . ... ra v a < .: _ a
"wt nr �� � ��� � te, �'° E �. � �. 3 � � ��. „,. .. >,N, 5
MILWAUKEE $303,087 $272,778.18 - $4,091.67 $268,685.51## $134,342.75: ".
(2186774
_ s
.. ... ,,, - a . __ .,., Ilt,tifl '
SUPERIOR ' " $148,827 $133,944 - $2,009.16 $131,935.03 $65,967.52
(1073787 %)
U' - ,, 1 X332 i $ 9 � 50 " [1'41'117 8900 't 12,88.5 T _ i `5 6 t R C ` , a. , s�q x.. s k x"!699 "T ,,� w : , 'r ll
to - ash.? v., ° .3 s i . . €,i,�. {,, d
TOTAL: " $1,386,000* $1,247,400"* -- $1,247,700 $623,700 * **
(100 %) '
* GPR appropriation ending State Fiscal Year 2011 (June 30, 2011)
** Total GPR appropriation as reduced in the proposed Biennial Budget Bill (AB 40 /SB 27)
* ** Reflects six (6) months payment of the yearly GPR appropriation
# Reflects 5 cents reduction due to rounding
## Reflects $1.00 reduction due to rounding
# ## Reflects 4 cents reduction due to rounding