Fiscal Note
Revenue and expenditures associated with this contract are accounted for in a segregated fund and are not subject to the Expenditure Restraint Program limits. The City's existing insurance policy applies, subject to its terms and conditions, to the risk imposed by the indemnification and hold harmless provisions.
Title
Approving the City of Madison to contract with the State of Wisconsin, Department of Military Affairs, Division of Emergency Management for Fire Department services as a Regional Hazardous Materials Response Team.
Body
The City has received notification from the State of Wisconsin, Department of Military Affairs, Division of Emergency Management that the Madison Fire Department is again selected as a regional hazardous materials response team. The total amount of the contract is $392,864 and covers the period July 1, 2007 to June 30, 2009.
The annual budget for team is:
Permanent Salaries SO29-51110-722230 $ 75,000
Overtime Salaries SO29-51300-722230 13,000
Benefits SO29-52000-722230 35,250
Work Supplies SO29-55510-722230 5,000
Safety Equipment SO29-55270-722230 10,000
Subscriptions/Books SO29-55120-722230 3,832
General Equip Supp SO29-55210-722230 5,000
Safety Supplies SO29-55570-722230 5,100
Consultant Services SO29-54950-722230 7,000
Medical Services- SO29-54671-722230 30,800
General Equip Repair SO29-54401-722230 5,000
Conference/Meetings SO29-54630-722230 1,100
Cell phone SO29-54201-722230 350
Revenue-Other payment for services SO29-73253-722230 (196,432)
Contract language as to indemnification and insurance provisions does not comply with the City's standard policy for contracts. The language in the new contract is the same language as in the current contract that expires on June 30, 2007.
NOW THEREFORE BE IT RESOLVED that the City approve a two year contract with the State of Wisconsin, Department of Military Affairs, Division of Emergency Management for the Fire Department to provide services as a regional hazardous materials team.
Be IT FURTHER RESOLVED that the City approve the following contract language on indemnification and insurance:
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.
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.
BE IT STILL FURTHER RESOLVED THAT the Mayor and other necessary City officials are authorized to execute the necessary contract documents.