HomeMy WebLinkAbout1997-076 Agrmt - Hazardous MaterialsRegional Hazardous Materials Emergency Response Team Agreement
AGREEMENT FOR
REGIONAL HAZARDOUS MATERIALS EMERGENCY
RESPONSE TEAM SERVICES
Between
THE STATE OF OREGON, ACTING BY AND THROUGH
THE OFFICE OF STATE FIRE MARSHAL
And
CITY OF MEDFORD FIRE DEPARTMENT
CITY OF ASHLAND FIRE DEPARTMENT
JACKSON COUNTY RURAL FIRE PROTECTION DISTRICT #5
STATE OF OREGON
John Kitzhaber, Governor
Robert Panuccio, State Fire Marshal
July 1, 1997
1.0
1.1
1.2
2.0
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
Regional Hazardous Materials Emergency Response Team Agreement - HM08
TABLE OF CONTENTS
Agreement Type .........................................................................................................
Recitals .......................................................................................................................
Agreement Term ........................................................................................................
Definitions ..................................................................................................................
Statement of Work .....................................................................................................
2.1.1
2.1.2
2.1.3
2.1.4
2.1.5
2.1.6
2.1.7
Services to be Provided by Contractor
Performance Conditions
Personnel
Vehicles and Equipment
Response Procedures and Limitations
Standard Operating Guidelines
Administrative Rules
Contractor Compensation ...........................................................................................
2.2.1 Stand-by Costs
Specialized Training Expenses
Medical Surveillance
Vehicle and Equipment Loans
2.2.2 Team Response Costs
Compensation for Vehicle and Equipment Expenses
Personnel Expenses
Emergency Expenses
Billing System
2.2.3 Interest
2.2.4 Maximum Agreement Value
2.2.5 Prior Approval
2.2.6 State's Spill Response Fund
Where No Responsible Party Can Be Identified ........................................................
Contractor Status ........................................................................................................
Retirement System Status ...........................................................................................
Assignments/Subagreements ......................................................................................
Successors in Interest .................................................................................................
Compliance with Govemment Regulations ...............................................................
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2.9
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.18
2.19
2.20
2.21
2.22
2.23
Regional Hazardous Materials Emergency Response Team Agreement - HM08
Force Majeure ............................................................................................................
State Tort Claims Act .................................................................................................
2.10.1 Scope
2.10.2 Limitations
2.10.3 Notifications
Indemnification ..........................................................................................................
Severability .................................................................................................................
Access to Records ......................................................................................................
2.13.1 Confidentiality
Amendments ...............................................................................................................
Payment of Contractor's Obligations
Nondiscrimination ......................................................................................................
Dual Payment .............................................................................................................
Payment for Medical Care ..........................................................................................
Insurance Coverage .............................................................................................~. ......
2.19.1 Workers' Compensation
2.19.2 Comprehensive or Commercial General Liability
2.19.3 Automobile Liability
2.19.4 Notice of Cancellation or Change
2.19.5 Certificate(s) of Insurance
2.19.6 Physical Damage Clause
Remedies ....................................................................................................................
Termination ..................................................... ' ...........................................................
2.21.1 Default
Approval Authority ....................................................................................................
Insufficient Funds .......................................................................................................
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Regional Hazardous Materials Emergency Response Team Agreement - HM08
Agreement Exhibits
Exhibit A - Contractor's Primary Response Area ......................................................
Exhibit B - Inventory of State-provided Vehicles and Equipment ............................
Exhibit C - State-provided Equipment - 1997-99 Biennium Funding .......................
Exhibit D - Specialized Training 1997-99 Biennium Funding ..................................
Exhibit E - Medical Surveillance - 1997-99 Biennium Fun. ding ...............................
Exhibit F - Compensation for Contractor's Vehicles and Apparatus .........................
Exhibit G - Compensation for Contractor's Response Personnel ...............................
Exhibit H - Compensation for Contractor's Outreach Training. .................................
Exhibit I - Summary - 1997-99 Biennium Funding ...................................................
Approving Signatures ............................................................................................................
Addenda
Regional Hazardous Materials Emergency Response Team Agreement - HM08
AGREEMENT FOR REGIONAL HAZARDOUS MATERIALS
EMERGENCY RESPONSE TEAM SERVICES
General Agreement Information
This Agreement constitutes the entire agreement between the State and the
Contractor.
1.0 Agreement Type: This Agreement is between the State of Oregon, acting by and
through the State Fire Marshal (hereinafter "State") and the City of Medford Fire
Department, City of Ashland Fire Department, and Jackson County Rural Fire Protection
District #5 (hereinafter "Contractor") for the provision of regional hazardous materials
emergency response services as described herein and authorized under ORS 453.374 to
453.390.
1.1 Recitals: In order to protect life and property against the dangers of emergencies
involving hazardous materials, the State Fire Marshal may assign and make available for
use in any county, city or district, any part of a regional hazardous materials emergency
response team.
The State desires to enter into this Agreement to establish Contractor as a Regional
Hazardous Materials Emergency Response Team, and Contractor desires to be so
designated and to enter into this Agreement.
1.2 Agreement Term: This Agreement shall be from the date of the last required
signature to June 30, 1999. Subject to Legislative approval, future Agreements will be
awarded on a biennial basis. The parties recognize that future funding is not guaranteed.
No promise, expressed or implied is hereby made as to the future funding in subsequent
biennia as such is subject to legislative approval.
Standard Agreement Terms and Conditions
2.0 Definitions:
"Agreement" means this contract and Addenda.
"Clean-up" means the measures taken after emergency response to permanently remove
the hazard from the incident site.
"Contractor" means the local government agency(s) by which the service or services
will be performed under this Agreement, including those agencies and private company
members under an approved inter-governmental / agency agreement.
Regional Hazardous Materials Emergency Response Team Agreement - HM08
"Emergency Response" means:
a. Actions taken to monitor, assess and evaluate a spill or release or threatened
spill or release of hazardous materials;
b. First aid, rescue or medical services;
c. Fire suppression, containment, confinement, or other actions appropriate to
prevent, minimize or mitigate damage to the public health, safety, welfare
or the environment which may result from a spill or release or threatened
spill or release of a hazardous material if action is not taken.
"Emergency Response Costs" means the total emergency response expense, including
team response costs, arising from a hazardous materials emergency. Such costs generally
include, but are not limited to, all State and local government expenses that result from
the assessment and emergency phases of the response activity. Emergency response costs
do not include clean-up or disposal costs of hazardous materials, except as 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.
"Hazardous Materials" means "hazardous substance" as that term is defined in ORS
453.307(4).
"Incident" means any actual or imminent threat of a 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, special district or subdivision
thereof.
"Oregon-OSHA" means the Oregon Occupational Safety and Health Act as
administered by the Occupational Safety and Health Division of the Department of
Insurance and Finance.
"ORS" means Oregon Revised Statutes.
"Primary Response Area" means that geographical region where the Contractor is
principally responsible for providing regional hazardous materials emergency response
services.
"Regional Hazardous Materials Emergency Response Team" (RHMERT) means the
designated employees of the Contractor who are expected to respond to, control, and/or
stabilize actual or potential emergency releases of hazardous substances. A Regional
Hazardous Materials Emergency Response Team operates within the limits discussed in
Oregon-OSHA's OAR 437, Division 2.
"Release" shall have the same meaning as that in ORS 465.200(14).
Regional Hazardous Materials Emergency Response Team Agreement - HM08
"Responsible Party" means the person(s) responsible for causing the emergency to
which the Contractor responded. (See, e.g. ORS 453.382).
"State" means the State of Oregon acting by and through the State Fire Marshal.
"State Spill Response Fund" means the response fund established under ORS 453.390 et
seq.
"Team Response Costs" means those Contractor expenses which are expressly allowed
under this Agreement and are approved by the State. Team Costs under this Agreement
do not include the wide range of emergency response costs associated with hazardous
materials emergency, but shall be limited to approved expenses directly related to
Regional Hazardous Materials Emergency Response Team operations.
2.1 Statement of Work:
2.1.1 Services to be Provided by Contractor: During the term of this Agreement the
Contractor agrees to provide regional hazardous material emergency response team
services within the boundaries of Contractor's assigned Primary Response Area as
generally depicted and described in "Exhibit A" and by this reference incorporated herein.
Contractor is hereby designated "HazMat 08."
Contractor's response activities under this Agreement shall be limited to emergency
operations, reporting and documentation activities arising from a hazardous materials
emergency response. Contractor shall not provide under this Agreement any services with
respect to the sampling, testing and analysis, treatment, removal, remediation, recovery,
packaging, monitoring, transportation, movement of hazardous materials, cleanup,
storage and disposal of hazardous materials except as these may be reasonably necessary
and incidental to preventing a release or threat of release of a hazardous material or in
stabilizing the incident.
Contractor shall not be required to maintain general security and/or safety perimeters at or
near sites and vessels, 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.
Contractor shall make no representation(s) or warranty(s) to third parties with regard to
the ultimate outcome of the hazardous materials services to be provided, but shall respond
to the best of its abilities, subject to the terms of this Agreement.
Contractor personnel shall perform only those actions and duties for which they are
trained and equipped.
2.1.2 Notice to Proceed: Contractor certifies that it's employees,
vehicles meet or exceed applicable regulatory requirements.
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equipment, and
Regional Hazardous Materials Emergency Response Team Agreement - HM08
2.1.3 Personnel: Contractor shall provide an adequate number of trained, medically
monitored, competent, and supervised Hazardous Materials Emergency Response Team
(HMERT) personnel as is necessary to operate within the safety levels of a regional
hazardous materials emergency response team. Contractor shall limit its team activities
to that within the safety and training levels specified by Oregon-OSHA for a hazardous
materials response team.
2.1.4 Vehicles and Equipment: Contractor may utilize such vehicles and equipment as
it currently has available as provided in 2.1.2 herein. The Contractor will operate a
hazardous materials emergency response team using one (1) hazmat vehicle(s) and
emergency response team equipment as specified in Exhibit "B" of this agreement, on
loan from the State. State vehicles shall meet or exceed all regulatory requirements.
Routine maintenance of State and local vehicles and equipment shall be the sole
responsibility of the Contractor. Contractor shall limit its activities to that which can be
safely accomplished within the technical limitations of the vehicles and equipment
provided by the Contractor or the State.
Excepting physical damage specified in section 2.19.6 of this agreement and routine
maintenance, all repairs to State vehicles and equipment shall be the responsibility of the
State. For purposes of this Agreement, routine maintenance means:
mo
Apparatus and Vehicles
1. Daily/weekly/monthly checks of vehicle and equipment.
2. Semiannual and/or mileage related lubrication, oil and filter changes.
3. Annual tune-up as required for preventive maintenance.
Be
Equipment checks and testing as outlined in the Oregon-OSHA standards and
manufacturer's recommendations.
C. Protective Clothing to be tested as per Oregon-OSHA standards and
manufacturer's recommendations.
D. Communications equipment checked regularly.
The Contractor may use State's emergency response vehicles and equipment for
Contractor's local use and enjoyment. The vehicle and equipment shall at all times be
immediately available for emergency response with hazardous materials incidents having
highest priority. State vehicle(s) and equipment shall not be used by other than
Contractor Hazardous Materials employees, except as approved by the team
leader/administrator. Under local use and enjoyment, the Contractor is liable for major
repairs or replacement directly attributable to local response, abuse or neglect."
Regional Hazardous Materials Emergency Response Team Agreement - HM08
2.1.5 Response Procedures and Limitations / Automatic Response:
If the Contractor has received state authority for automatic response, contractor may,
upon receipt of an emergency response request, provide emergency response services as
specified under the terms of this agreement and the State's Standard Operating Guidelines
Contractor shall immediately thereafter notify the State Fire Marshal Hazardous Materials
Duty Officer.
If the Contractor has not received state authority for automatic response or if the
emergency response request does not meet the Standard Operating Guideline criteria, the
Contractor shall refer the response request to the State Fire Marshal Hazardous Materials
Duty Officer who will evaluate the situation and either authorize the Contractor's
response or decline the response request.
Right of Refusal: The State recognizes that the obligations of the Contractor in its own
jurisdiction are paramount. If, on occasion, a response under this Agreement would
temporarily place an undue burden on the Contractor because Contractor's resources are
otherwise limited or unavailable within the Contractor's Primary Response Area, then if
prior or immediate notice has been provided to the State Fire Marshal Hazardous
Materials Duty Officer, the Contractor may decline a request for a regional emergency
response.
2.1.6 Standard Operating Guidelines: Contractor and State agree that regional
response team operations will be conducted in accordance with the State's Standard
Operating Guidelines as reviewed and recommended by the Teams Advisory Group and
as mutually approved by the parties to this agreement
2.1.7 Administrative Rules: The parties acknowledge that the State has adopted OAR
837, Division 120 and this contract is consistent with the administrative rules. If those
rules are amended, such amendments may require modification of the procedures, terms
and conditions of this contract. Those amendments shall not become binding upon the
Contractor without the agreement of the Contractor.
2.2 Contractor Compensation: There are three types of Contractor compensation
under this Agreement: (1) Contractor's Stand-by costs, (2) Contractor's team response
costs, and (3) Contractor's administrative costs. Each of these are discussed more fully
below.
2.2.1 Contractor's Stand-by Costs: Contractor shall be compensated by the State
under this Agreement for its State approved stand-by costs. Such stand-by costs include:
Specialized Training Costs: The State may provide funding for advanced training and
education to Contractor's RHMERT employees as specified in Exhibit "D" and in
approved by the State in advance. All such training and selection of training/training
providers must comply with all federal, state and local rules and regulations. If training is
approved, the State agrees to pay the cost of tuition, per diem/travel expenses at State
approved rates.
Regional Hazardous Materials Emergency Response Team Agreement - HM08
Medical Surveillance: The State will provide funding for baseline, maintenance and exit
physicals for Contractor's RHMERT employees as specified in Exhibit "E" of this
Agreement. Cost will be based on competitive bid for the protocols covered in the State's
Hazardous Materials Emergency Response Team Standard Operating Guideline T-015.
Selection of provider must comply with all federal, state and local rules and regulations.
Additionally, the State will provide funding from the State's Spill Response Fund for
exposure exams where no responsible party(s) is identified.
Vehicle(s) and Equipment Loans: The State agrees to loan the Contractor (one)or (two)
team vehicle(s) and emergency response team equipment as specified in Exhibit "B" of
this Agreement. Additional equipment will be provided by the State as specified in
Exhibit "C" of this Agreement
2.2.2 Contractor's Team Response Costs: Contractor shall be compensated by the
State under this Agreement for its State-approved Team response costs. The funding
available for team response costs as specified in Exhibit "J" of this Agreement is in
addition to Contractor's stand-by costs as specified in section 2.2.1. Such team response
costs shall be limited only by the funds available in the State Spill Response Fund
established under ORS 453.390 et seq. for the 1997-99 biennium. Such Team response
costs may include, but are not limited to:
Compensation for Contractor Vehicle(s) and Apparatus: Where the State has
approved the use of Contractor's vehicles and equipment, State shall compensate
Contractor at the rates described in Exhibit "F" of this Agreement.
Compensation for Contractor's Personnel Response Costs: Contractor's RHMERT
personnel response costs which are approved and authorized under this Agreement are
compensable at the rates described in Exhibit "G". Hourly personnel rates for the 1997-99
biennium will be based on actual personnel costs plus a per person per hour overhead charge for
indirect costs identified by local departments that are directly related to the operation of their
hazardous material team. These overhead charges will be negotiated on an individual basis with
each team. Contractor's will be required to document both personnel rates. and the indirect costs
they are factoring into the hourly overhead rates. That documentation will be entered into this
agreement as addendum #2. Contractor's RHMERT personnel response costs
shall be billed to the nearest one-fourth (1/4) hour period worked.
Emergency Expenses: Contractor's necessary and reasonable emergency expenses
related to services rendered under this Agreement are reimbursable. All such costs must
be based on actual expenditures and documented by the Contractor. Original receipts
must be submitted with the response billing. Emergency response purchases of up to
$100 per emergency response incident may be made at the Contractor's discretion without
prior approval by the State. The Team Leader or authorized Contractor representative
will attempt to contact the State Duty Officer for approval of Contractor emergency
expenses exceeding $100. Contractor's claim for reimbursement must clearly document
the nature of the purchases and extent of the State's prior verbal approval of Contractor's
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Regional Hazardous Materials Emergency Response Team Agreement - HM08
emergency expenditures. The State reserves the right to deny any
unjustifiable Contractor expenditures.
payment of
2.2.3 Contractor's Administrative Costs: Team administrative costs, not to exceed 8%
of the Contractor's team response costs, may be billed as part oft he emergency costs, and
will be reimbursed to Contractor upon receipt from responsible party(s).
2.2.4 Billing System: Contractor will provide an estimate of team response costs to
the State within 10 working days of the response. An expenditure report shall be
submitted to the State within 30 days of the response. Contractors claim for
reimbursement shall be on State approved forms and shall contain such documentation as
is necessary to support State's cost-recovery operations and financial audits. The State
shall then bill the Responsible Party(s) within 30 days of receipt of Contractor's invoice.
The State 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. Normally Contractor's team response
costs shall be collected by the State from the Responsible Party(s) before payment is
made to the Contractor. Where payment has not been received by the State within 30
days after the second billing to the Responsible Party(s), then the Contractor's approved
team response costs shall be paid to the Contractor from the State Spill Response Fund.
In no case shall the State's payment to the Contractor exceed 63 days after receipt of the
Contractor's invoice by State, provided responsible party information supplied by the
Contractor is correct to the best of the Contractor's knowledge or belief.
Bi!!inl~ for State Owned Equipment Only
All responses to incidents utilizing state owned equipment will be billed for state owned
equipment use only. including those incidents within the Contractor's local jurisdiction.
A statement for equipment used will be prepared by the Office of State Fire Marshal. and
forwarded to the identified responsible party any time the state owned vehicle or
equipment is used for hazmat response. If there is no responsible party identified. the
local first responder will not be billed for the use of the equipment.
Option for Waiver
The Contractor shall have the option of requesting a waiver of state owned equipment
charges for response to any public agency within the jurisdictional boundaries of the
Contractor. In addition the Contractor may request a waiver of charges when there are
extenuating circumstances which would preclude a billing to the Responsible Party(s).
Requests for waiver will be subject to review and approval by the State Fire Marshal.
Bi!lin~ for Personnel/Incidents not meeting State Criteria
If Contractor opts to bill for personnel cost during a local response not meeting state
authorized response criteria. the State will pursue billing for those personnel costs. Those
personnel costs will be reimbursed to the Contractor only upon collection from the
Responsible Party(s). and will not be subject to reimbursement from the State Spill
Response Fund.
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Regional Hazardous Materials Emergency Response Team Agreement - HM08
Priority of Reimbursements: If the State successfully recovers payment from the
Responsible Party(s) is shall first be used to pay the Contractors team response costs, if
these have not been paid in their entirety, then used to reimburse the State Spill Response
Fund for the amount previously paid to the Contractor and the State's administrative
costs. Any remaining funds will be used to pay emergency costs as billed. Contractor
agrees to cooperate with the State as is reasonable and necessary in order 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 State for payments previously made.
2.2.5 Interest: If the State fails to make timely payments to Contractor as described in
2.2.2, interest shall be paid to Contractor by the State on amounts past due at the rate of
interest specified in ORS 293.462(3). Interest payments will be made only if response
costs are invoiced by the Contractor on State-approved forms and responsible party
information supplied by the Contractor is correct to the best of the Contractor's
knowledge or belief.
2.2.6 State Funding available: The State certifies that sufficient funds are available
and authorized within the State's 1997-1999 appropriation or limitation. State funding
for standby costs available under this Agreement for the 1997-1999 biennium shall
be the sum of the amounts specified in exhibits C, D, E and H to this Agreement and
are summarized in Exhibit I of this Agreement.
The funding available as specified in Exhibits C, D, E and H to this Agreement does not
include Contractor's team response costs as specified in 2.2.2. Such team response costs
are available in addition to Contractor's standby costs and shall be limited only by the
funds available in the State Spill Response Fund established under ORS 453.390 et seq.
for the 1997-1999 biennium and identified in Exhibit J to this Agreement.
Additional Contractor compensation shall be paid under this Agreement only if
specifically agreed to by the State and the Contractor in writing. State's payments shall
be full compensation 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 release of the State from all
claims by Contractor for reimbursement of team response costs except where partial
payment has been made due to limitations of the State's Spill Response Fund and subject
to further payment as set forth above.
2.2.7 Prior Approval: Contractor, when acting under this Agreement, may not respond
without prior written or verbal approval by State as set forth in Section 2.1.5. Granting of
response approval by the State Fire Marshal Hazardous Materials Duty Officer constitutes
the State's agreement to pay Contractor's team response costs from the State Spill
Response Fund if recovery from a responsible party(s) is not possible. Contractor agrees
to make reasonable and good faith efforts to minimize responsible party and/or State
expenses.
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Regional Hazardous Materials Emergency Response Team Agreement - HM08
2.2.8 Spill Response Fund: If the Spill Response Fund becomes depleted or riscally
unsound, the State shall immediately notify Contractor, who may upon receipt of such
notice suspend response actions under this Agreement.
For purposes of this section, "riscally unsound" shall mean the balance in the Spill
Response Fund is less than $20,000, and "immediately" shall mean within twelve (12)
hours of a Contractor receiving the emergency response request which reduces the fund
below the $20,000 threshold.
If Contractor commences an emergency response action subsequent to notification of
riscally unsound State Spill Response Fund balance, Contractor assumes the risk of non-
payment if the State is unable to obtain additional funding for the Spill Response Fund,
recover the Contractor's team response costs from a responsible party or if there is no
identifiable responsible party. Contractor shall immediately notify the State Fire Marshal
Hazardous Materials Duty Officer of all emergency response activities undertaken
pursuant to this Agreement.
If, after becoming depleted or riscally unsound, additional funds become available in the
Spill Response Fund and Contractor has billed the State as set forth in Section 2.2.2,
Contractor shall be reimbursed for any unpaid team response costs.
2.3 Where No Responsible Party Can Be Identified: As previously mentioned in
Section 2.2, State agrees to 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 State agrees to pay
Contractor's Team response costs from the State's Spill Response Fund provided funds
are available and Contractor has complied with 2.2. herein.
2.4 Contractor Status: Contractor certifies it is not an employee of the State of
Oregon and is a local government agency(s).
2.5 Retirement System Status: Contractor is not entitled under this Agreement to
any Public Employees Retirement System benefits and will be responsible for payment of
any applicable federal or State taxes. Contractor is not entitled under this Agreement to
any benefits for payments of federal Social Security, employment insurance, or workers'
compensation.
2.6 Assignments/Subcontracts: Contractor shall not assign, sell, transfer, subcontract
or sublet rights, or delegate responsibilities under this Agreement, in whole or in part,
without the prior written approval of State. Such written approval will not relieve
Contractor of any obligations of this Agreement, and any assignee, transferee or
subcontractor shall be considered the agent of Contractor. Except where State expressly
approves otherwise, Contractor shall remain liable as between original parties to this
Agreement as if no such assignment had occurred.
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Regional Hazardous Materials Emergency Response Team Agreement - HM08
2.7 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.
2.8 Compliance With Government Regulations: Contractor agrees to comply with
federal, state and local laws, codes, regulations and ordinances applicable to the work
performed under this Agreement including, but not limited to, OAR 437-02-100(q) and its
Appendix B. Contractor specifically agrees that the provisions of ORS 279.312 and
279.316 shall govern performance of this Agreement. Failure to comply with such
requirements shall constitute a breach of this Agreement and shall be grounds for
termination.
2.9 Force Majeure: Neither party to this Agreement shall be held responsible for
delay or default caused by fire, dhots, acts of God and/or war which is beyond that party's
reasonable control. State or Contractor may terminate this Agreement upon written
notice after determining such delay or default will reasonably prevent performance of the
Agreement.
2.10 State Tort Claims Act:
2.10.1 Scope: During operations authorized by this contract, Contractor and Contractor's
RHMERT employees shall be agents of the state and protected and defended from
liability under ORS 30.260 to 30.300. For purposes of this section, operations means
activities directly related to a particular emergency response involving a hazardous
material by a regional hazardous matehals emergency response team. Operations' also
includes advanced training activities provided under this contract to the Contractor's
hazardous matedhals emergency response team employees, but does not include travel to
and from the training.
2.10.2 Limitations: This Agreement in no way limits a contractor from responding with
State vehicles, equipment and supplies under local authority, mutual-aid Agreements, or
other contracts under local authority.
2.10.3 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. Such reports shall be directed to:
State Fire Marshal Hazardous Materials Duty Officer
4760 Portland Road NE.
Salem, Oregon 97305
(503) 931-5732
or
Pager: (503) 370-1488
(After "beep," enter telephone number to which call should be returned)
Regional Hazardous Materials Emergency Response Team Agreement - HM08
Copies of such written reports shall also be sent to:
State Risk Management Division
1225 Ferry Street SE.
Salem, Oregon 97310
2.11 Indemnification: When acting as other than an agent of the State under this
Agreement, and when using State's vehicles, equipment, procedures, or training, the
Contractor shall indemnify, defend and hold harmless the State, 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 subject to the Oregon Tort Claims Act, ORS 30.260 to 30.300, and the Oregon
Constitution.
2.12 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; and 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.
2.13 Access to Records: Each party to this contract, the federal government, and their
duly authorized representatives shall have access to the other party's books, documents,
investigative reports, papers and records which are directly pertinent to this Agreement
for the purpose of making financial, maintenance or regulatory audit. Such records shall
be maintained for at least three (3) years or longer where required by law.
2.13.1 Confidentiality: Except as otherwise provided by law, each party to this
Agreement mutually agrees that they shall not in any way, except as may be required in
connection with this Agreement, disclose each others confidential information to a third
party. The rights and obligations set forth in this section shall survive termination of the
Contract. Any duty under this sub-section shall arise only upon actual and specific notice
to the other party that an item is confidential.
2.14 Amendments: The terms of this Agreement shall not be waived, altered,
modified, supplemented or amended in any manner whatsoever without prior written
approval of State and Contractor.
2.15 Payment of Contractor's Obligations: Contractor agrees to make payment
promptly, as due, 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 State may be held liable, the proper officer(s) representing the State, 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.
Regional Hazardous Materials Emergency Response Team Agreement - HM08
2.16 Nondiscrimination: Contractor shall comply with all applicable requirements of
federal and state civil rights and rehabilitation statutes, rules and regulations. Contractors
are encouraged to recruit qualified women and minorities as RHMERT personnel.
2.17 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.
2.18 Payment for Medical Care: Contractor agrees to make payment promptly, as
due, to any person, partnership, association or corporation furnishing medical, surgical,
hospital or other needed medical care to Contractor's employees, except as noted in 2.2.1,
Medical Surveillance. Such payment shall be made from all sums which Contractor has
agreed to pay for such services and from all sums which Contractor has collected or
deducted from the wages of employees pursuant to any law, contract or Agreement for
the purpose of providing or paying for such service.
2.19 Insurance Coverage:
2.19.1 Worker Compensation: Contractor, its subcontractors (if any), and all employers
working under this Agreement are subject employers under the Oregon Workers'
Compensation Law and shall comply with ORS 656.017, which requires them to provide
workers' compensation coverage for all their subject workers. Nothing in this Agreement
is intended or shall be construed to create the relationship of employer and employee as
between the State and Contractor. If, however, the Contractor's Workers' Compensation
costs increase as a direct result of an injury, illness or participation as regional hazardous
materials emergency response team, the State will compensate the Contractor for the
increased costs.
2.19.2 Comprehensive or Commercial General Liability: Contractor shall maintain at
its own expense, and keep in effect during the term of this Agreement, comprehensive or
commercial general liability insurance, or its equivalent for self-insured contractors,
covering personal injury and property damage. This insurance shall include coverage for
contractual liability related to the indemnity provisions of this Agreement. Contractor's
general liability coverage limits shall not be less than five hundred thousand dollars
($500,000) in the aggregate, or the equivalent.
2.19.3 Automobile Liability: Contractor and State shall obtain and keep in effect
automobile liability insurance, or its equivalent for self-insured Contractors, for their
respective vehicle(s) during the term of this Agreement. The Contractor shall obtain
"hired" auto coverage for responding with State vehicles when not acting under State
authority, as in Section 2.10.2." This coverage may be written in combination with the
comprehensive or commercial general liability insurance mentioned in section 2.19.2.
Auto liability coverage limits shall not be less than five hundred thousand dollars
($500,000) combined single limit occurrence, or equivalent.
Regional Hazardous Materials Emergency Response Team Agreement - HM08
2.19.4 Notice of Cancellation or Change: Contractor and State agree there shall be no
cancellation, material change, exhaustion of aggregate limits or intent not to renew their
respective insurance coverage without 30 days' written notice to the other party.
2.19.5 Certificate(s) of Insurance: As evidence of the insurance coverage required by
this Agreement, both State and Contractor shall furnish copies of or updates of previously
provided Certificates of Insurance, or Certificates of Self-Insurance as the case may be, to
each other prior to the beginning of work under this agreement.
2.19.6 Physical Damage Clause: Excluding ordinary wear and tear, Contractor is
responsible for any physical damage to or loss of, State-owned vehicle(s) and equipment
that is directly attributable to local response, regardless of fault. When Contractor acts
under State authority, the State will be responsible for physical damage to or loss of State-
owned vehicles and equipment regardless of fault, subject to the terms and conditions of
the Oregon Risk Management Division Policy 125-7-101 (Property Policy Manual).
2.20 Remedies: This Agreement shall be governed by and construed in accordance
with the laws of the State of Oregon as interpreted by the Oregon courts. Any litigation
arising out of this Agreement shall be conducted in the courts of the State of Oregon.
2.21 Termination: This Agreement may be terminated by mutual consent of both
parties, or by either party upon 180 days notice, in writing, and delivered by certified mail
or in person.
The State or Contractor may terminate this Agreement at will effective upon delivery of
written notice to the Contractor or State~ or at such later date as may be established by the
State or Contractor, under any of the following conditions:
ao
if State Fire Marshal funding from federal, state, or other sources is not obtained
and continued at levels sufficient to allow for purchases of the indicated quantity
of services. The Agreement may be modified to accommodate a reduction in
funding.
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.
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.
17
Regional Hazardous Materials Emergency Response Team Agreement - HM08
2.21.1 Default: The State or Contractor, by written notice of default (including breach of
contract) to the other party, may terminate the whole or any part of this Agreement:
if the other party fails to provide services called for by this Agreement within the
time specified herein or extension thereof; or,
Do
if the other party fails to perform any other provision of this Agreement, or so fails
to pursue the work as to endanger performance of this Agreement in accordance
with its terms, and, after receipt of written notice from the other party, fails to
correct such failures within 10 days or such longer period as the notice may
authorize.
2.22
Approval Authority: Contractor representatives 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.
2.23
Insufficient Funds: The obligation of the Contractor under this Agreement is
contingent upon the availability and allotment of funds by the State to Contractor
and Contractor may, upon thirty (30) days' prior written notice, terminate this
contract if funds are not available.
Regional Hazardous Materials Emergency Response Team Agreement - HM08
EXHIBIT A
Regional Teams Map and Primary Response Area Boundary Descriptions
Regional Hazardous Materials Emergency Response Team Agreement - HM08
EXHIBIT B
Southern Oregon HM8
INVENTORY OF
STATE-PROVIDED VEHICLES AND EQUIPMENT
The following vehicle(s) and equipment are on loan from the State to the
Contractor:
1. LIBRARY OUANTITY
NFPA Fire Protection Guide on Hazardous Materials 1 ea
Hawleys Chemical Dictionary 1 ea
DOT Guidebook 2 ea
GATX Tank Car Manual 1 ea
B.O.E. Emergency Handling of Hazardous Materials in 1 ea
Surface Transportation
Farm Chemical Handbook 1 ea
CHRIS Response Methods Handbook 1 ea
Firefighters Handbook to Hazardous Material 1 ea
American Raikoad Emergency Action Guide 1 ea
SAX Manual 1 ea
NIOSH (TLVS) Manual 1 ea
ACGIIt Guidebook (Manual) 1 ea
Matheson Gas Book and First Aid 1 ea
State Clandestine Lab Book - 4th Edition 1 ea
Merck Index - 10th Edition 1 ea
Firefighter Hazardous Materials Reference Book 1 ea
Handbook of Compressed Gases 1 ea
Pestline - 2 Vol 1 ea
ER1731
ER0147
ER0035
ER0949
ER1361
ER0009
ER0022
ER0128
ER0045
ER0054
ER1142
ER0135
ER1479
ER0972
ER0959
II. MAPS AND MISC. EOUIPMENT
Binoculars
Spotting Scope
Miscellaneous Batteries
First Aid Kit
Traffic Cones
Flashing Strobe Lights
Voice Activated Tape Recorder
Table Top Calculator
Digital Clock
]ea
1 ea
1 ea
20 ea
4 ea
1 ea
1 ea
1 ea
ER0184
ER0188
ER0739
I Hand Cleaner
]lea I
2O
Regional Hazardous Matehals Emergency Response Team Agreement - HM08
Hand Held Portable Radios
Six Unit Charger
Mobile Phone - Motorola MC420
Portable Phone - Motorola Ultra Classic
Barricade Tape
Video Camera & Tripod with color TV Monitor
35mm Camera
Polaroid Land Camera
Halogen Hand Lights
Sabrelight 3-cell Flashlight
Streamlight Lantern
Drinking Water Container/Ice Chest
Weather Station
Weather PAK
Wheel Chocks - (2)
Suit to suit Communication
Hand Truck
Drum Truck
Drum Up Ender
Tire Pump - Electric
. Pagers
Cyalume Lights, 20 ea of 3 colors
Rubbermaid Cooler
Storage Containers
Folding Table
Folding Travel Chairs
12 ea
1 ea
1 ea
1 ea
6 rl
1 ea
1 ea
1 ea
6 ea
12 ea
2 ea
1 ea
1 ea
1 ea
2 ea
12 ea
1 ea
1 ea
1 ea
1 ea
29 ea
60 ea
1 ea
8 ea
1 ea
12 ea
ER0344,0324,0368,03
40,0342,0374,1894,18
95
1897,1898,1899,1901
ER0401
ER2491
ER2492
VC ER0406, Monitor
ER0415
ER0078
ER0065
ER2700,2701
ER1357
ER1743
ER0153,0157
ER1253,1254,1270,
1272,1274,1276,
1279,1283,1285,
1289,1290,1292
ER0195
ER0212
ER1007
ER2654
ER2536-2564
III. PROTECTIVE EQUIPMENT
DuraFab Comfort Guard III - 1993
Chemtex-Sijal - 1992
ChemFab 5000 - 1992
Trelleborg - 1991
Trelleborg Test Kit
Trelleborg Repair Kit
Chemtex Training Suits
18 ea
29 ea
6 ea
1 ea
1 ea
6 ea
9 lg, 9 Xlg
12 Lg, 6 Xlg, 11 Xxlg
ER1750,1751,1753,
1754,1758,1752
ER1849
ER2493
21
Regional Hazardous Materials Emergency Response Team Agreement - HM08
SCBA - SCOTT
Spare SCBA Tanks
Scott Nose Cup Kits
Gloves - Neoprene
Rubber
Butyl
Pacesetter II Replacement Gloves
4 H Gloves
PVC
Cryogenic
Disposable foot covers
Chemical Resistant Boots
Coverails (disposable) 25/cs
Earplugs
Full Firefighting Turnouts with Nomex Hoods
Nomex Jumpsuits
Incident Command Vests
Hard Hats
Gear Bags
PASS Device
Polycarb Face Shields
Vinyl Coat Apron
10 ea
20 ea
10 ea
12 pr
8 pr
12 pr
6 pr
150 pr
12 pr
4 pr
75 pr
20 pr
ea
2 cs
1 cs
29 sets
46 ea
7 ea
10 ea
24 ea
10 ea
2 ea
6 ea
Harness-ER1577, 1578,
1579, 1580, 1582,
1585, 1574, 1573,
1571, 1570, Bottles-
ER1608, 1609, 1607,
1598, 1595, 1594,
1601, 1602, 1603, 1604
ER1538, 1530, 1531,
1542, 1537, 1547,
1544,1536,1546,
1545,1541,1526,
1548,1540,1539,
1533,1525,1524,
1521,1606
4 preaMd., Lg., Xlg.
4 pr ea 10, 12
4pt ea9, 10, 11
50 pr ea 9, 10, 12
One Size Fits All
2 pr ea Lg., Xlg.
25 pr ea L, Xlg, Jumbo
ER0235,0219,0222,
0283,0248,0224,
0240,0250,0273,0213
IV. LEAK CONTROL EOUIPMENT
Chlorine Kit "A"
Chlorine Kit "B"
Chlorine Kit "C"
Air Bag Systems
Dome Cover Clamps 3/set
INITIAL KIT
Visqueen
Miscellaneous Cribbing
1 ea
1 ea
1 ea
1 set
2 sets
1 ea
4 rls
ERl120
ERll12
ERl105
ER2781
ER2724,2725
ER2749
22
Regional Hazardous Materials Emergency Response Team Agreement - HM08
V. TOOLS
Hand Tools:
Basic 200 piece set
Open End/Box End Wrenches - Large
Non-Sparking Tools:
2 lb Maul
55 Gal Drum Bung Wrrench (2)
Dead Blow Hammer
Scoop Shovel (2) - Aluminum
Crescent Wrench - 12"
Pinch Bar - 18"
Pipe Wrench (2) - 24"
Pipe Wrench (2) - 36"
Scraper
Screw Driver - Straight tip, large
Tool Box
Air Drill w/drill bit, auto oiler
3 1/8" Hole Saw
Air Hose - 3/8" x 50'
Hand Saw
Hack Saw
Scissors
Shovels - Roundpoint
Shovels - Squarepoint
Grounding Equipment/Bonding Equipment
Pulaski - (2)
Axe - Pickhead
Axe - Single Bit
Pry Bar - 54"
Bolt Cutters - 18"
Crowbar - 24"
Measuring Wheel
Measuring Tape - 100'
Funnels - Misc.
Rotary Rescue Saw w/Blades
Easy-Outs/Stud Extractors
Plastic Milk Crates
Hydraulic Jack
Aviation Shears - Right, Left, Straight
Lockout/Tagout Kit
Welden Pump Mdl. 200 w/hose kit
2 ea
6 ea
ea
ea
ea
ea
ea
ea
ea
ea
ea
ea
ea
ea
ea
ea
ea
ea
ea
ea
ea
sets
2
1
1
1
1
1
1
1
1
1
2
5
1
3
1
1
ea
ea
ea
ea
pr
ea
ea
ea
set
ea
sets
ea
ea
pr
ea
ea
ER2124
ER2615 - 2 sets ea 25
ft., 50 ft.
ER1628
VI. DETECTION EOUIPMENT
MSA 261 w/Calibration Equipment, Harness
AIM 3250
AIM 3250 Sample Draw Pump
23
1 ea
1 ea
1 ea
ER0433
ER1470
Regional Hazardous Materials Emergency Response Team Agreement - HM08
Sensidyne Detection Kit
HazCat Kit
Spil-fyter
Ammonia and Dispenser
PH Paper
1 ea ER0723
1 ea ER0547
1 tube
1 ea
2 rls
VII. SUPPRESSION EOUIPMENT
Co2 Ext. - 20 LB
Class D Powder
ABC Dry Chem Ext. - 20 lb - 1 ea
1 ea ER0461
5 gl
1 ea ER0449
VIII. CONTAINMENT EOUIPMENT
I Visqueen
I 2 rls I
IV. DECONTAMINATION EOUIPMENT
Decontamination Shower
Emergency Eyewash Kit-Saline Solution
Inflatable Kiddie Pool 12/cs
2 ea
! ea
2 cs
Decon Heater
ER1880, 1879
Decon Shower
ER1866, 1867
ER0510
SPECIAL EQUIPMENT
Portable FAX Machine
Microcassette Recorder (2)
Canon PC-6RE Copier w/Cartridge
Tracing Dye (Solid and Liquid)
Calculator
Solar Blankets
Extension Cords - 50 ft.
Extension Cords - 100 ft.
Porta-Potty - Optional
1 ea
2 ea
1 ea
1 ea
1 ea
6 ea
2 ea
2 ea
1 ea
ER1790
ER0578, 0571
ER0090
MISCELLANEOUS EOUIPMENT - VEHICLE
Macintosh Ilci CPU
Proxima Power Director
Storage Dimension Extemal Hard Disk
Apple Keyboard
Modem
Sony 14" Color Monitor
Imagewriter II Printer
UPS
Headset Phone
Compact Recorder
Hands Free Mic
Mini Stereo Amp
128 ChannelRadio - VHF
128 ChannelRadio - UHF
24
1 ea
1 ea
1 ea
1 ea
1 ea
1 ea
1 ea
1 ea
1 ea
1 ea
1 ea
1 ea
2 ea
2 EA
ER1397
ER1833
ER0540
ER1391
ER0584
ER0637
ER1408
ER1555
ER0515, 0511
ER0529, 0526
Regional Hazardous Materials Emergency Response Team Agreement - HM08
Tire Chains
Duo Safety Ladder
Emergency Vehicle w/Generator
GMC Suburban
12 1/2 x 15 Portable Shelter
1 set
1 ea
1 ea
1 ea
1 ea
Link Singles
ER2676
ER2212
ER2762
25
Regional Hazardous Materials Emergency Response Team Agreement - HM08
EXHIBIT C
ESTIMATED COST OF STATE-PROVIDED EQUIPMENT
TO BE PURCHASED
1997-99 Biennium Funding
Funds for approved equipment purchases are available under this Agreement as
follows:
Training Equipment, Materials and Supplies
$1,000.00
Replacement of capital equipment and expendable items will be provided as
necessary, by prior approval of the Office of State Fire Marshal, not to exceed a
maximum of $15,000.00
Funding Available for Equipment
$16,000.00
26
Regional Hazardous Materials Emergency Response Team Agreement - HM08
EXHIBIT D
TRAINING
1997-99 Biennium Funding
Funds for approved Technician, Specialty, Recertification, and HazCat training are
available under this Agreement as follows:
Funding Available for Training
$30,519.00
Regional Hazardous Materials Emergency Response Team Agreement - HM08
EXHIBIT E
MEDICAL SURVEILLANCE
1997-99 Biennium Funding
Funds for approved medical surveillance are available for Contraetor's
RHMERT employees under this Agreement as follows:
Up to 18 personnel may receive medical surveillance exam(s), up to
a maximum of $600 per person (sec editor's note below), not to
exceed total funding available for medical surveillance shown below.
This amount shown above is the per-person maximum payable for
medical surveillance exam(s) during the 1997-99 biennium, within.
It is understood that costs will vary for baseline, maintenance and
exit exams, and therefore, the total funding available for medical
surveillance is not based on the maximum per-person allowance, but
rather on $600 per person average cost. This allows flexibility in the
per-person cost within the maximum funding available for medical
surveillance.
Funding Available for Medical Surveillance
$10,800.00
28
Regional Hazardous Materials Emergency Response Team Agreement - HM08
EXHIBIT F
Compensation for Vehicles and Apparatus
State to provide the compensation for use of Contractor's vehicles and apparatus
response to a hazardous materials incident at the following rates:
Vehicles
Each engine
Each aerial ladder vehicle
Each utility / staff vehicle
Rate Per Hours
$100.00
150.00
50.00
in
Communications
Cellular/Mobil/SMR Telephone Charge
50.00 per incident
or actual cost whichever is greater
Other associated costs
Replacement and/or repair costs for damaged and/or expended equipment and supplies
shall be charged on an actual cost basis.
29
Regional Hazardous Materials Emergency Response Team Agreement - HM08
EXHIBIT G
COMPENSATION FOR CONTRACTOR'S RESPONSE PERSONNEL
State to provide compensation for Contractor's personnel utilized in response to a
hazardous materials incident as follows:
Personnel Category
Technician/Specilaist
Support Personnel
Recalled Personnel
Rate per hour
$75.00
$50.00
Actual Cost
30
Regional Hazardous Materials Emergency Response Team Agreement - HM08
EXHIBIT H
OUTREACH TRAINING
1997-99 Biennium Funding
Funds for approved outreach training, allowing team personnel to interface with,
educate and train other local agencies.
Funding Available for Outreach Training:
Total $5,285.00
31
Regional Haz~dous Materials Emergency Response Team Agreement - HM08
EXHIBIT I
Summary - 1997-99 Biennium Funding Available for Standby Costs
Equipment Purchases- 1997-99 Biennium Funding -
(See Exhibit C)
$16,000.00
Training - 1997-99 Biennium Funding -
(See Exhibit D)
$30,519.00
Medical Surveillance - 1997-99 Biennium Funding -
(See Exhibit E)
$10,800.00
Outreach Training - 1997-99 Biennium Funding
$5285.00
Total 1997-99 Biennium Funding Available for Standby Costs
$62,604.00
32
Regional Hazardous Materials Emergency Response Team Agreement - HM08
EXHIBIT J
State's Spill Response Fund
1997-99 Biennium Funding
$ 300,000.00
This is the Total State's Spill Response Funding limitation available for the 1997-1999
biennium RHMERT services by all Contracted RHMERTs. This does not guarantee that
any contractor will be reimbursed for any specific amount from the State's Spill Response
Fund; only that funding in this amount is available for reimbursement of emergency
response team costs is available within the State's limitation or appropriation.
33
Regional Hazardous Materials Emergency Response Team Agreement - HM08
ADDENDUM #1
Primary Response Area Boundary Description
Southern Oregon - HM08
The Southwest comer of HazMat #8 begins at the Josephine County and Curry County
borders and the Califomia State border. North along the Curry County Line to the
Douglas County Line. East along the Douglas County Line to the Klamath County Line.
South along the Klamath County Line to the borders of Jackson County and the State of
Califomia. West along the Oregon and California border to the Curry County Line, point
of beginning.
34
May-07-97 07:32A M~dford Building Dept. 503-770-4496 P.01
OREOON
ADDENDUM #2
FIRE DEPARTMENT
CITY OF MEDFORD
411 WEST grH STREET
MEDFORO, OREGON 97501
TELEPHONE (.541) 770.4453
FAX: (541) 770-4444
Sue Otjcn
H/M Program Coordinator
Ofliee of State Fire Marshal
4760 Portland Rd. NE
Salem., OR. 97305-1760
May 5, 1997
[)car ~u.e,
This is to notify you as the agent Ibr the State Fire Marshal in matters pertaining to regional
hazardous materials resp,nse of the intent o l' the, City of Ashland. City of' Medford, and Jackson
County Fire District #5 acting as Regional 11aTardous Materials Emergency Response Team #g
to enter into the 1997/99 biennium agreement at the following rates for compensation of
contractor's personnel (as displayed in Exhibit G).
Personnel Catcgory
Technician/specialist
Support Personnel
Recalled Personnel
Rate Per tlpur
$75.00
$5O.O0
Actual Cost
As you arc well aware, a big piece of the problem of justifying ratcs for regional hazardous
materials emergency response teams in Oregon has been the lack of historical data on which to
basc the figures. Betbrc our meeting with you and Rob on April 15th. I was able to pull together
data for the previous five years which shows a general "cost of&)ing business" for the Southern
Oregon team. Thcse figures show a yearly cost to the contractors &slightly over $63,000 and a
recovery from responses of $23,000 averaged over the five year period 1992 thru 1996. The
contract value for the 1995/97 bicnnium was just over $40,000 or ~ annual average of $20,000.
This indicates to us fixat even at the current rates, recovery substantially lags behind expenditures
and is more than the original concept ol' the contractors contributing approximately 10% of the
contract wtluc.
The concept of billing fi)r actual personnel cost plus an administrative l~c as discussed in the
meeting did not seem to provide any more justification than the 5 year history as presented. The
· governing bodies of the Southern Oregon group are conwnitt. ed to continue as a contractor at the
rates indicated above. Please note that we are proposing to drop the the higher rates for Team
Chief ~md Team I ,eader. Attached also are the figures that we discussed in the April 15th.
Meeting. I am hopeful that this will provide the rate justification that you are looking for.
Sinccrel~
.....
Ma~,'Bums
Team Chief
May-07-97 07:32A Medford Building Dept. 503-770-4496
ADDE-~DUM #2, page 2
SOUTHERN OREGON HAZARDOUS MATERIALS RESPONSE TEAM
8
992 THRU 1996 STATISTICS
RECOVERY
1992 (6) 1993 (3) 1~94 (6)
$30.000 $7,500 $25,500
1995 (6) 1996 (5~
14.000 $38,000
5 YEAR RECOVERY $115,000
EXPENDITURES
TRAINING
24 Members (-) 1/3= 15 (not on duty- additional cost only)
Average Overtime- $22.50 X 4 Itours= $90 per Member
$90 X 15 members= $1350 per Session
X 12 Sessions/Yr.= $16200 Yr.
5 Yr. Training Overtime- $81,000
MISC. OVEKTIME 120 hours/yr. @ $22.50= 2700
5 Yr. Misc. Overtime= $37,800
INCENTIVES
Ashland- 3 Members X
$500 Yr.= $1,500
5 Yr. Incentive= $7,500
Medford- 14 Members X $1515 Yr.=$21,000
5 Y/'. Incentive= $105,000
JCFD #5- 6 Members X $500 Yr.= $3,000
5 Yr. Incentive= $15,000
MISC. EXPENDITURES
1/5 Staff SMary (B URNS)= $ i 2,000 Yr,
5 Yr. Salary= $60.000
:Equipment Purchases (~ $7,000 Yr. (3 years only)
3 Yr. Expenditure= $21,000
5 YEAR EXPENDITURES= $3~.7,300
P.02
YEARLY AVERAGE EXPENDITURES OVER 5 YEARS= $63,400
YEARLY AVERAGE RECOVERY OVER 5 YEARS-- $23,000
Mlrl [h :XwpdataXhmcost971
Regional Hazardous Materials Emergency Response Team Agreement - HM08
Approving Signatures:
On Behalf of the State of Oregon,
Dated this [~ day of ~
State Fire Marshal
,1997
On Behalf of CITY ~OF MEDFORD
Dated this 7'/-g 'day of ' .ff~
· ' ~
Pnnted~e ~erry '~.- 'Laus~ann
Title (/ Mayor
Address .... 41! W. :Sth St~6e~
Ci~ Medford' ' Zip 97501
,1997
On Behalf of
Dated this .~_z~ay of 7% ,1997
Signatur~
Printed .Na~~
Title [:::i ~ C~t,~g ~, ,
Address
City 7-'~,.~ ff Zip q
,1997
73'-2
36
Regional Hazardous Materials Emergency Response Team Agreement - HM08
On Behalf of ~ g~
Dated this ~ day of
Signature
Printed Name ~ .3-~
Title ~k_ ~~
Address RISt/~sznogemen!
City Dept. o!/~dministratJve Sotvices
155 Cottage St~.
Salem, 01~ 973
On Behalf of
Dated this _/'~] day
Signature
Printed Name
Title
Address
City
1997
Zip
Zip
On Behalf of
Dated this
day of
Signature
Printed Name
Title
Address
City
Zip
,1997
37
Regional Hazardous Materials Emergency Response Team Agreement - HM08
On Behalf of
Dated this ~ day of ,1997
Signature
Printed Name
Title
Address
City
Zip
On Behalf of
Dated this
Signature
Printed Name
Title
Address
City
day of
Zip
,1997
On Behalf of
Dated this
Signature
Printed Name
Title
Address
City
day of
Zip
,1997
38
Regional Hazardous Materials Emergency Response Team Agreement - HM08
ADDENDUM 1
Additional Agreement Terms
39