Fiscal Note
Revenue and expenditures associated with this contract are accounted for in a special revenue fund and are not subject to the Expenditure Restraint Program limits. The City Risk Manager has reviewed the contract. The increased risk under the contract language as to the indemnification and the hold harmless provisions is covered under the City's insurance subject to its terms and conditions.
Title
Approving the extension of the contract with the City for Fire Department Regional Hazardous Materials Response Team Services. The contract is with the State of Wisconsin, Department of Military Affairs, Division of Emergency Management.
Body
The current contract with the City for Fire Department response as a Regional Hazardous Materials Response Team expires on December 31, 2011. The contract extension with the State of Wisconsin, Department of Military Affairs, Division of Emergency Management and the City would cover six months from January 1, 2012 through June 30, 2012. The State Hazardous Materials response system is currently under review by the State which is the reason for another six-month extension.
The contract pays the City the full contract amount to train and pay personnel for Level A certification, purchase equipment, medical services and other program expenses. The City is available to respond to our assigned territory and elsewhere if need arises.
Contract language as to indemnification and insurance provisions does not comply with the City's standard policy for contracts.The language in the extension is the same as contained in the most current contract.
The budget for this contract extension is:
34,547. Premium Salaries SO29-51120-722230
8,900. Overtime Salaries SO29-51300-722230
18,838. Benefits SO29-52000-722230
1,000. Cell phones SO29-54201-722230
5,000. Equip repairs SO29-54401-722230
319. Confer/meetings SO29-54630-722230
1,980. Training SO29-54640-722230
17,473. Medical Services SO29-54671-722230
2,000. Memberships SO29-54967-722230
107.67 Office supplies SO29-55110-722230
2,000. Gen equip supplies SO29-55210-722230
1,900. Work supplies SO29-55510-722230
1,000. Safety supplies SO29-55570-722230
(95,064.67) State Revenue SO29-73253-722230
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WHEREAS, the City and the Fire Department wish to continue as a Regional Hazardous Materials Response Team for the State of Wisconsin.
NOW, THEREFORE, BE IT RESOLVED, that the City approve the contract extension for six months 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 Council approve the program budget for the Fire Department Sate Regional Hazardous Materials Team for the contract period of January 1, 2012 thorough June 30. 2012
BE FINALLY RESOLVED, that the Mayor and other necessary City officials are authorized to execute the necessary contract documents.