HomeMy WebLinkAboutRegional Hazardous Materials Rsponse Team Services 2012-2013 I':1ki
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WEM
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EXTENDED
CONTRACT FOR
REGIONAL HAZARDOUS MATERIALS
RESPONSE TEAM SERVICES
JULY 1, 2012 THROUGH JUNE 30, 2013
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
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DATE: June 30, 2012
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 year commencing
July 1, 2012 through June 30, 2013.
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
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Exhibit E One year 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
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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.
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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.
3.9 Standardized Equipment Reports: In order to prepare, plan, and respond to the
dangers of emergencies involving Level A releases, the Division shall require
standardized equipment purchases and inventory for the Regional Hazardous
Materials Response Team Network. Contractor shall provide the Division, on a
quarterly basis, with a current listing of all hazardous materials equipment assets
including but not limited to the manufacturer, date of purchase, and calibration
requirements on an electronic spreadsheet developed by the Division. The
Division will input Contractor's equipment inventory list including vendor
information on the Division's secure E-Sponder® website located at
https://secure.wiesponder.com/.
3.10 Operating Expenditure Reports: In order to prepare, plan, and respond to the
dangers of emergencies involving Level A releases, the Division shall collect
standardized operating expenditure information from Contractor including but not
limited to wages and stipend costs. Contractor shall provide the Division, on a
quarterly basis, with a current listing of its hazardous materials team operating
expenditures on an electronic spreadsheet developed by the Division. The
Division will input Contractor's operating expenditures on the Division's secure E-
Sponder®website located at https://secure.wiesponder.com/.
3.11 Regional Hazardous Materials Assist and Response Quarterly Reports: In
order to prepare, plan, and respond to the dangers of emergencies involving Level
A releases, the Division shall collect accurate, actual, and standardized regional
hazardous materials assist and response data from State Fiscal Year 2007/08 to
present. On or before October 15, 2012, Contractor shall provide the Division with
an updated listing of all regional hazardous materials assist and response data
from July 1, 2007 through June 30, 2012. Further, Contractor shall continue to
provide the Division, on a quarterly basis, with a current listing of all hazardous
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materials assist and response data. The Division will input Contractor's assists
and response data on the Division's secure E-Sponder® website located
https://secure.wiesponder.com/.
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 for fiscal year 2012/13 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
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
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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 government agency to supplement,
offset, replace, decrease or release any budgetary obligations for other municipal
departments not directly connected or attached to Contractor.
Contractor shall submit to the Division, on an annual basis, an itemized list
documenting expenditures made with standby funding. Said documentation will be
mailed by Contractor to the WEM Administrator at the address noted in Subsection
7.17 herein.
4.3 Team Response Costs and Reimbursement: Pursuant to §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
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.
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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 4.5 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 4.7 herein.
4.6 Maximum Contract Subsidy: This Agreement shall have a maximum contract
subsidy of $173,957.00 for one year for stand-by costs as described in "Exhibit E"
to this Agreement. The Division certifies that sufficient funds are available and
authorized within the Division's current appropriation or limitation. The maximum
contract subsidy does not, however, include Contractor's team response costs as
specified in Subsection 4.2 of this Agreement.
No additional Contractor subsidy or reimbursement shall be paid or any additional
demands placed on Contractor under this Agreement unless otherwise specifically
agreed to by the Division and the Contractor, and upon written amendment to this
Agreement. The Division's reimbursement(s) shall be full payment for work
performed or services rendered and for all labor, materials, supplies, equipment,
and incidentals necessary to complete the work authorized under this Agreement.
Acceptance of payment by the Contractor shall operate as a release of the
Division of all claims by Contractor for reimbursement of team response costs
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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
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).
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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
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 response/incident
by a regional hazardous materials emergency response team. Operations also
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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
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.
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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 F". 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.
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 F". 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,
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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.
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 government, and their duly authorized representatives shall have the
right to audit, review, examine, copy and transcribe any pertinent records or
documents relating to any contract resulting from this Agreement held by
Contractor. The Contractor shall retain all documents applicable to the Agreement
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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
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,
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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
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
14
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
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
15
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.
Approving Signatures:
ON BEHALF OF THE DIVISION OF EMERGENCY MANAGEMENT (DIVISION)
Dated this )0 day of Ntv-i 2012 sjj,
� ∎ 1
Bri-n M. Satula, •ivision Administrator
16
On Behalf of the City of Oshkosh
A Municipal Corporation
Dated this 93 day ofNIA, , 201
Signature: G--��c
Printed Nam : 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 ,-° ►€y of l :�� , 20&
YQ
Signature:' -1 gift
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
Dated this 3 / day of /'-�a , 201 D--"'
Signature: G-' �' ' A -�
Printed Name: a Steeno
99Y
Title: Finance Director
Address: 215 Church Avenue
City/State: Oshkosh, WI Zip: 54902-1130
18
Approved as to form:
Dated this OA day of --61► 1� , 2O1 -
Signature: fit.. ;Jilt k • .
Printed N'e: L nn A. o h7son
Title: City Attorney
Address: 215 Church Avenue
City/State: Oshkosh, WI Zip: 54902-1130
19
Wisconsin Department of Administration EXHIBIT A
Chs. 16, 19, 51
DOA-3054(R10/2005)
Page 1 of 3
Standard Terms And Conditions
(Request For Bids 1 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 governed 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 alternates 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 shall 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
fees 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 governed 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 on 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 borne 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
fled 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 / 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.
Stats.,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 container(s)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
fled. 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.
•
:. E)3IBIT C •
cs
i ¢
'-W4 -. =`-r Stete of Y.Visconsin ` STATE EMERGENCY RESPONSE BOARD •
.c 2 SKe3Dt'a�ii...vv.=Ryjct 2jA
. P.0 150x 7M
i t�'15014 WISCONSN S,1707-7365 :
• - December 17,-1992 • - • : r�=e,eo csxi�s;�zv : •
•
•
• Chi.cf Richard D: Davis• •
- •Appleton Fire Department• • •
• 700 N Draw'Stye t • •. . • • . .
Appleton; W• 5491.1-2927 • • _
:beat Chief Davis:• - • •• - •• • ••
: • The.State'Ernergency.Response'Board. has selected.the••.followving:communities' proposals to : •
. • otiate a final contract to provide Regional'Hazardous Materials'Response Teams: . • •
•1. Racine - • .
2: .I�lwatr re • • _ • :
• 3.- Appleton. . ' .
• 4. Madison ,
. ' ,,•$. S'uperigr • • . _• • • '
6.• Wausau ' • •
: • • '`7: Chippewa.Fails/E u.Claire •
.•It is the imiteot of the'State•Emergency Response Board to negotiate the•final.contract to meet the'• ` • :.-. ••`statewide needs for Regional Haardous Materais Response Teams.:This'letter is thus only to • • • •
be considered'notice Of-intent to contract and•de.s •onot constitute a,contractual•.commitment:•' ' • :
e State Emergency Response Board the Administiato
• • Th r,of the Division of Emergency... • ••=Government,- the purchasing•agent for the'Deparlment of•Militzry; Affairs and'such•other.• '. • .
••personnel as are:deemed necessary,shall serve as.a.negotiating tease to•negotiate the terms of •
. a-•.lnal contract. The'terms•of this contract will,include.such thin=s;as description of:the.' • •
. g ogra�ph�ie area, toe'm-a�up of toe esponse. and its equipment•and minimum financial :'!
;.needs of the team„ as well as other concerns are statutorily'required. ' • • ' . • J •• .
•
The *State. Emergency Response Board wishes to •thank those communities who .submitted • • 1 •
.pit .als which were not Selected. : • • , . • , • '+ i • •
•:Sincerely; • • . ' .j.
F Ii3E STATE•EMERGEI�TCY RE.PONSSE BOARD:• ' . '
. • •
• • , . . •. • _
. . •
,•, ,
t)ia L.'Sachse ' - . •• . . •" ' •• • ' ••. • . ': : :
irrcnasing Agent • •• ,' -
Wisconsin Department.of Mi1it. y Affairs. ••• • •• •'. . '•
EXHIBIT C •
- State of ��'iscorsin \ STATE EMERGENCY RESPONSE BOARD
•
• 'L,725NC30YGANRV?NUE ROOM 9g;
�� P O.5Ox 7855
• • uADSONwsSCOn'S:N Sa7G?.:g9g'
TELEPHONE MOS;253.3_+? '.'•
. ' •• 'September, 15, 1993 . • • ' • . -
• Chief Stan Tadych • . .. '
' Oshkosh Fire Department . • .' ' ' • '
' 101 Court Street.. •
• Oshkosh,: WI `5.4901 ' • •
Deer 'Chief _Tadych• • . - • • . .• _
•. At the August, 12, 1993 'State Emergency Response Board•mesting, the . ,
• • 3oard' approved the .selection. of. . two .(2) additional Regional • "
• - :Hazardous Materials Response. Team's.• 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 fbr ' Regional •
e iazardous Materials Response Teams. This letter' is thus only' to be
considered notice of intent' to contract and .does' not constitute
a. contractual.commitment. ' • • . l..r
•. ' The State nergeney Response"Board.through the•Administrator of the • -
.. Emergency '-Government] 'the purchasing agent for 'the•'bepartman't••. of E•
. 'Military Affairs'and'such• other personnel"-as are deemed necessary,
'Shall serve as a negotiating..teem to.negotiate the terms of a final• • • .
....contract. The teems .C) . this contract will. include such 'itets.as the' '
• :.. description. of the geographic'area, the•ma)ceup'of the response team
and its:equipment and minimum f'ina.ncial needs of the team, as well _• '
' as other concerns as 'are statutorily'required. • •
Sincerely, _ •.FOR THE'STATE. EiviM ENCY 'RESONSE. BOARD: • • ' f �.'v�.7v i
• • - Z. ...-§4-4 --.. . - - • • • .. .' a. 1 .•/2--;?...• ••Ler•o :'E:. •Conner, • , William Schmaltz / '' '••
•
Chair' _ • • • Purchasing Agent • .
• tate Emergency. ?esponse Board • WI Dept. of•Military.Aff airs• •
• • • , • • •
Wisconsin 's Regional HazMat Response Teams
$A
....• •
•
,. ■
WRRON {
•
We t Central
Illi
Claire Chi 'e -
it
EAU CLAIRE
I, 11011111
Lit U[CR '
a "`'tr�4
VERNON ,7,� r^ ate, 3,�a¢ e
p&u �7" rh
�V0 �� x +' i r t ' BRI
' A �° ''
3 r 44‘°
v NAG per.„ '� ,
'i% ISiiir ‘"41° '-',''',,,1.,,=';,........-.•i.....:.^. Wea i .rte 1 m"J 4 n 11::11 et ax
(7'.IN"F Chemical Assessment Teams(CAT)
CR
0 FD Outreach Teams
EXHIBIT E
REGIONAL HAZARDOUS MATERIALS RESPONSE TEAMS
BUDGETS
JULY 1, 2012 THROUGH JUNE 30,2013
TEAM NAME FY 2010111 - AN__„NUAL'PRO RATA ADJUSTMENTS FY 2011112 FY 2012/13
T SHARE (1.5%of each T T
(annual) Based on reductions annual share (annual) (annual)
711110-- In 2011 WI ACT 32 allocated : 7/1/11/- 711111
° to Wausau) 6130112 6130113
6130111'; (In Percentages) .
APPLETON! $196,228 $176,606.14 -$2,649.09 $173,957.00# $173,957.00#
OSHKOSH (.1415786%)
EAU CLAIRE/„ $178,263 $160,436.59 -$2,406.54 $158,030.00# $158,030.00#
1286168%
CHIE�PEWI�t �� � � (.1286168%). .
FALLS '
LA CROSSE $118,523 $106.670.66 -$1,600.06 $105,070.60 $105,070.60
(.0855144%)
MADISON _ $214,472 $193,024.79 -$2,895.37 $190,129.42 $190,129.42
(.1547417%)-
MILWAUKEE $303,087 $272,778.18 -$4,091.67 $268,685.51## $268,685.51##
(.2186774%)
_ RACINE $121,268 $109,141.13 -$1,637.11 $107,504.02 $107,504.02
(.0874949%)
SUPERIOR $148,827 $133,944.19 -$2,009.16 $131,935.03 $131,935.03
(.1073787%)
WAUSAU $105,332 ,.$94,799.50 +$17,289.00 $112,088.50 $112,088.50
(.0759975%)
TOTAL: $1,386,000* $1,247,400** -- $1,247,400*** $1,247,400
(100%)
* Total GPR appropriation for State Fiscal Year 2010/2011 (June 30, 2011)
** Total GPR appropriation as reduced in the 2011/12 Biennial Budget (2011 WI ACT 32)
*** For State Fiscal Year 2011/12, two six-month payments were made to the teams. This column reflects the
total amount paid out annually to the teams.
# Reflects 5( reduction due to rounding
## Reflects $1.00 reduction due to rounding