ML20086U113
| ML20086U113 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 03/02/1984 |
| From: | Cordaro M, Edward Robinson, Weismantle J LONG ISLAND LIGHTING CO. |
| To: | |
| Shared Package | |
| ML20086U072 | List: |
| References | |
| OL-3, NUDOCS 8403070160 | |
| Download: ML20086U113 (385) | |
Text
{{#Wiki_filter:_ _ _ - _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ LILCO, March 2, 1984 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )
)
LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3
) (Emergency Planning (Shoreham Nuclear Power Station, ) Proceeding)
Unit 1) ) TESTIMONY OF MATTHEW C. CORDARO, JOHN A. WEISMANTLE, AND ELAINE D. ROBINSON ON BEHALF OF LONG ISLAND LIGHTING COMPANY ON PHASE II EMERGENCY PLANNING CONTENTION 24.F, G, I, K, L, O, P, R, S AND T (LETTERS OF AGREEMENT) l Hunton & Williams 707 East Main Street Post Office Box 1535 Richmond, VA 23219 (804) 788-8200 8400070160 840302 PDR I ADOCK 05000322 PM
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LILCO, March 2, 1984 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )
)
LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3
) (Emergency Planning (Shoreham Nuclear Power Station, ) Proceeding)
Unit 1) ) TESTIMONY OF MATTHEW C. CORDARO, JOHN A. WEISMANTLE, AND ELAINE D. ROBINSON ON BEHALF OF LONG ISLAND LIGHTING COMPANY ON PHASE II EMERGENCY PLANNING CONTENTION 24.F, G, I, K, L, O, P, R, S AND T (LETTERS OF AGREEMENT) PURPOSE LILCO has contracted for the use of 1,236 buses in the event of an emergency at Shoreham, sufficient to hold at a min-imum 49,440 adults or 74,160 children. LILCO also has contracted for 48 ambulances and 110 ambulettes, and shortly will finalize contracts for an additional 15 ambulances and 20 ambulettes, for a total of 63 ambulances and 130 ambulettes. These vehicles are more than sufficient to complete an evacua-
- tion in accordance with the LILCO Transition Plan, even assum-ing evacuation of the entire 10-mile EPZ. The agreements also provide that ambulance and dispatch personnel will be available and will work under LILCO's direction, and that 24-hour dis-patch services will be provided. LILCO also has agreements with the owners of the seven transfer points on property not i
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1 i l with the owners of the seven transfer points on property not owned by LILCO, to allow LILCO use of that property for drills and exercises, and shortly will finalize with the owners agree-ments for continued use of the property. Thus, the allegations in Contentions 24.F, G, I, K, and L are without merit. LILCO also has agreements with the Nassau and Suffolk Chapters of the American Red Cross to provide relocation cen-ters for evacuees, and with the Coast Guard to notify the pub-lic on the waters within the EPZ should there be aus accident. , LILCO also has obtained from the State of-Connecticut an agree- ) ment to implement protective actions for the portions of'the ingestion expo 2ure pathway EPZ in Connecticut,. including re-sponding in Connecticut to requests for1 radiological assistance from LILCO, collecting samples, and interdicting food, water and milk in Connecticut. .Thus, the allegations in Contentions 24.0, P, R, and T are without merit. Finally, for those.outside organizations giving offsite , assistance in the' areas mentioned in Contention 24.S -- ambu-lance companies, Coast Guard, DOE, Impell, Island Helicopter, and the Red Cross -- LILCO is providing a comprehensive training program as applicable to complement training already j provided by,these organizations, as discussed in the written 1 1 { agreements with these= organizations. 1 I l i l
-9 - _m h , e- r-- w g
In addition, training and informatien sessions will be offered to groups within the EPZ, including schools, hospitals, and nursing homes. LILCO is willing to train any organization t within the EPZ that desires it. Thus, the allegations in Con-tention 24.S are without merit. l l l Attachments l ! Attachment 1 Contract between LILCO and Baumann
& Sons Buses, Inc.
Attachment 2 Contract between LILCO and Bruno Bus Service, Inc. Attachment 3 Contract between LILCO and Caram Bus Service, Inc. Attachment 4 Contract between LILCO and Educational Bus Transportation, Inc. Attachment 5 Contract between LILCO and Louis A. Fuoco Bus Service, Inc. Attachment 6 Contract between LILCO and Huntington Coach Corp.
. Attachment 7 Contract between LILCO and Seaman Bus Co., Inc.
Attachmer.: 8 Contract between LILCO and Starlite Bus Co., Inc. Attachment 9 Contract between LILCO and Suburbia Bus Corp. Attachment 10 Contract between LILCO and Suffolk Transportation Service, Inc. Attachment 11 Contract between LILCO and Herman E. Sweezey Co., Inc. Attachment 12 Contract between LILCO and United Bus Corp. 1 l
Attachment 13 Contract between LILCO and Bi-County Ambulance and Ambulette Transportation Service, Inc. 4 Contract between LILCO and Gosline Ambulance Service,-Inc. 5 Contract between LILCO and MediBus, Inc. 6 Contract between LILCO and Mercy Medical Transportation-Service, Inc. 7 Contract between LILCO and Peconic Ambulance Service, Inc. 8 Contract between LILCO and Stat Equipment Corp. 9 Contract between LILCO and Transportation With Care, Inc. 0 Contract between LILCO and Weir Metro AmbuService, Inc. 1 Letter of Agreement between LT.LCO and-Guardian Ambulance Service, Inc. 2 List of Community Ambulances Within Twenty Miles of Shoreham 3 LILCO Transition Plan, Appendix A, page IV-175 4 LILCO Transition Plan, Appendix A, page III-36 5 Letter of Understanding between LILCO and the-Suffolk County Chapter of the~American Red Cross 6 "The'American Red Cross Suffolk County Chapter Emergency. Response Plan Peacetime Radiological Emergency / Nuclear Accidents" 7 Letter of Understanding-between LILCO and the Nassau County Chapter of the American Red Cross
Attachment 28 . Letter of Agreement with the State of Connecticut for Interstate Radiological Assistance for the Shoreham Nuclear Power Station Attachment 29 LILCO Transition Plan, Section 5.1 Attachment 30 LILCO Transition Plan, Figure 5.1.1 Attachment 31 Letter of Agreement between LILCO and the U.S. Coast Guard Attachment 32 Lesson Plan for the Training of U.S. Coast Guard Attachment 33 Letter of Agreement between LILCO and the Department of Energy Attachment 34 Contract between LILCO and Impell for personnel to fill the Position of Radiation Health Coordinator Attachment 35 Contract between LILCO and Island Helicopter
4 LILCO, March 2, 1984 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION I i Before the Atomic Safety and Licensing Board l In the Matter of )
)
LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3
) (Emergency Planning (Shoreham Nuclear Power Station, ) Proceeding)
Unit 1) ) TESTIMONY OF MATTHEW C. CORDARO, JOHN A. WEISMANTLE, AND ELAINE D. ROBINSON'ON BEHALF OF LONG ISLAND LIGHTING COMPANY ON PHASE II EMERGENCY PLANNING CONTENTION 24.F, G, I, K, L, O, P, R, S AND T (LETTERS OF AGREEMENT)
- 1. Q. Please identify yourselves.
A. My name is Matthew C. Cordaro. My address is Long Island Lighting Company, 175 East Old Country Road, Hicksville, New York, 11801. My name is John A. Weismantle. My address is Long Island Lighting Company, 100 East Old Country Road, Hicksville, New York, 11801. My name is Blaine D. Robinson. My address is Long Island Lighting Company, 100 East Old Country Road, Hicksville, New York, 11801.
- 2. Q. Please state your professional qualifications.
_2_ A. [Cordaro] I am Vice President, Engineering, for LILCO. My professional qualifications are being offered into evidence as part of the document enti-tied " Professional Qualifications of LILCO Witness-es." I am sitting on this panel to provide the LILCO management perspective on emergency planning, and to answer any questions pertinent to manage-ment. My role in emergency planning for Shoreham is to ensure that the needs and requirements of emergency planning are being met, and that the technical direction and content of emergency plan-ning are being conveyed to corporate management. e [Weismantle] I am Manager of the Local Emergency Response Implementing Organization for LILCO. My professional qualifications are being offered into evidence as part of the document entitled "Profes-sional Qualifications of LILCO Witnesses." My fa-miliarity with the issues surrounding Contention 24 stems from my work in developing and implementing the LILCO Transition Plan. [ Robinson] I head the External Organizations Sec-tion of LERIO. My professional qualifications are being offered into evidence as part of the document entitled " Professional Qualifications of LILCO
Witnesses." As head of External Organizations, I am responsible for coordinating outside organica-tions' efforts in emergency planning,. including ob-taining necessary agreements with those organiza-tions.
- 3. Q. What is Contention 24?
A. The introduction to Contention 24, as rewritten by the Licensing Board, is as follows: LILCO has failed to obtain agreements from several of the organizations, entities, and individuals for performance of services as required as part of the offsite response to an emergency pursuant to NUREG-0654, as follows: [ Subparts A through U follow.] Sut;>Jrts A, C, and Q of Contention 24 were not ad-mitted, by Board Order dated August 19, 1983, and subparts D, H, and U were withdrawn by the interve-nors on January 12, 1984. Subpart B is the subject of a summary disposition motion filed by LILCO on February 14, 1984. Subparts E, F.2, F.3, J, and M will be addressed in LILCO's testimony-to be filed on March 21 regarding schools and special facili-ties. The remaining subparts F.1, 4, and 5, G, I, K, L, O, P, R, S, and T are addressed below.
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l l l Contention 24.F. Buses 1
- 4. Q. What is Contention 24.F?
A. Contention 24.F reads as follows: , Contention 24.F. LILCO proposes that l all people who do not have access to an automobile at the time of an evacuation order, most invalid and disabled persons residing at home, all school children and large numbers of the residents of nursing and adult homes, hospitals and.other spe-cial facilities will be evacuated by buses. According to LILCO's estimates, 333 forty-passenger buses are required-to transport those able-bodied persons with-out access to cars who would need trans-portation out of the EPZ (see Appendix A, at IV-74b, OPIP 3.6.4). An additional 26 forty passenger buses will be necessary, according to LILCO, to evacuate most of the homebound residents in the EPZ and a portion of the residents of nursing and adult homes'(see Appendix A at IV-175). And, LILCO estimates that 14 sixty pas-senger buses will be.necessary to evacu-- ate nursery schools. (Appendix.A at IV-171.) These estimates do not include.the number of buses that'will be needed to enable all other schools ~to evacuate-theiristudents or the additional unspecified number of buses.necessary to evacuate certain;of the approximately 630 patients in hospitals should such evacua-tion be necessary. (See Appendix A, II-28; IV-172). However, not even the num-ber of buses estimated by LILCO.to be necessary will be available_for use by LILCO because:
- 1. . LILCO has no agreements under.
which such vehicles will be?available (see Appendix B.) See FEMA Report at 9-10,-noting this as a violation of NUREG. 0654, Section II.J.'10.g.
- 2. Most buses within a reason- ,
able distance of the EPZ are under con- l tract to school districts or other entities and the letters of intent signed by bus companies indicate that any even-tual agreements with LILCO would be sub-l ject to such pre-existing. commitments. l Therefore, most buses in the area could not be relied upon by LILCO for use in an
- evacuation, even if LILCO were to enter
( into agreements concerning such buses. l
- 3. The LILCO Plan assumes that
~
all schools will implement an early dis-missal in the event of any emergency in which no protective actions were recom-mended for the general public. The LILCO plan also assumes that schools will evac-uate and relocate their students to loca-tions outside the EPZ if evacuation is recommended for the general public. If such dismissals or evacuations were to occur, most buses in the vicinity of the EPZ would be required by schools to transport children to their houses.
- 4. Many buses within a reason-able distance of the EPZ have capacities substantially less than 40 passengers.
- 5. LILCO itself does not possess the number of forty-passenger buses will
[ sic] be necessary to implement the LILCO Plan. In the absence of such agreements, LILCO's proposed evacuation of persons without access to cars, the homebound, school children and residents of nursing and adult homes and hospitals cannot and will not be implemented. Parts 24.F.2 and 3 regarding buses committed to transporting school children.will be addressed in LILCO's. testimony on school-issues, to be filed on March 21, 1984.
- 5. Q. Does LILCO have letters of agreement with bus compa-nies to provide evacuation buses for people in the EPZ who do not have their own means cf transportation out of the EPZ?
A. Yes. LILCO has contracts with twelve bus companies to provide buses for use in an evacuation. These contracts are Attachments 1-12 to this testimony. The bus companies that have executed those agree-ments, the number of vehicles they have committed to supply, and the nominal capacity of those vehicles are as follows: Nominal Bus Company Number of Vehicles Capacity Baumann & Sons Buses 200 School Buses 40 Adults Inc. 60 Children Bruno Bus Service, 30 School Buses 40 Adults Inc. 60 Children Coram Bus Service 66 School Buses 40 Adults 60 Children Educational Bus 100 School Buses 40 Adults Transportation, Inc. 60 Children Louis A. Fuoco Bus 39 School Buses 40 Adults 60 Children Huntington Coach Corp. 100 School Buses 40 Adults 60 Children Seaman Bus Co., Inc. 35 School Buses 40 Adults 60 Children Starlite Bus Co.,Inc. 60 School Buses 40 Adults 60 Children Suburbia Bus Corp., 190 School Buses 40 Adults Inc. 60 Children
Suffolk Transportation 187 School Buses 40 Adults Service, Inc. 60 Children Hermon E. Sweezey Co., 29 School Buses 40 Adults Inc. 60 Children United Bus Corp. 200 School Buses 40 Adults 60 Children
- 6. Q. How many buses are covered by these contracts?
A. LILCO has contracted for 1,236 buses.
- 7. Q. What is the total capacity of the buses to be provid-ed by bus companies to LERO during an emergency?
A. The buses contracted to LERO can hold 49,440 adults or 74,160 children, assuming that no one stands in the aisle. LILCO estimates that an additional 12 people (children or adults) per bus can be trans-ported by standing in the aisle. Thus, contrary to the intervenors' allegations in Contention 24.F, LILCO has contracted for a suffi-cient number of buses to complete an evacuation in accordance with the LILCO Transition Plan. Contention 24.G. Ambulances and Ambulettes l
- 8. Q. What is Contention 24.G?
A. Contention 24.G reads as follows: Contention 24.G. According to LILCO's estimates (see Appendix A, at IV-175), it will require sufficient ambu-lances to make 113' ambulance trips and
enough ambulettes to make 209 trips in order to evacuate just the nursing and adult homes located in the EPZ and the homebound who reside-in the EPZ. An ad-ditional number of ambulances and ambulettes will be required to evacuate the approximately 630 patients likely to be in the hospitals within (and just out-side) the EPZ. (See Appendix A, at IV-172; OPIP 3.6.5.) However, LILCO has no agreements with_ ambulance companies to provide such equipment in such quan-tities. (See FEMA Report at 10). Even the letters of intent to enter into such agreements which are contained in Appen-dix B do not relate to numbers of ambu-lances and ambulettes necessary to meet LILCO's own estimates. In the absence of such agreements, LILCO's proposed evacua-tion of persons in special facilities, hospitals, and the handicapped cannot and will not be implemented.
- 9. Q. What is an ambulette?
A. An ambulette is a van that has been modified to ac-commodate people in wheelchairs and handicapped people. Generally, ambulettes can carry 4 people in wheelchairs plus three people in seats, and is equipped with large doors, ramps or lifts, and a mechanism to lock wheelchairs in place in the vehi-cle. (By contrast, an ambulance usually carries two stretchers plus medical gear.)'
- 10. Q. What agreements for ambulances and ambulettes has LILCO obtained?
A. LILCO has contracted with eight ambulance companies to provide ambulances and ambulettes (Attachments
13-20 to this testimony). These companies, the num-ber of vehicles each company will provide, and the nominal capacity 1.ar vehicle are as follows: Nominal Number of Capacity Company Vehicles Per Vehicle Bi-County Ambulance 4 ambulances 2 and Ambulet Transport 4 ambulettes 7 Service, Inc. Gosline Ambulance 3 ambulances 2 Service, Inc. 2 ambulettes 7 MediBus, Inc. 5 ambulances 2 43 ambulettes 7 Mercy Medical 3 ambulances 2 Transportation 4 ambulettes 7 Secvice Peconic Ambulance 8 ambulances 2 Company 2 ambulettes 7 Stat Equipment Corp. 6 ambulances 2 2 ambulettes 7 Transportation With 5 ambulances 2 Care 4 ambulettes 7 Weir Metro Ambu 14 ambulances 2 Service, Inc. 49 ambulettes 7 In addition, LILCO is finalizing similar-contracts in the next few days with Guardian Ambulance Service, Inc., Nassau Ambulance Service Inc., and Orlando Am-bulance and Ambulette Service, Inc. These three com-panies have the same owner. By-letter dated July 12, 1983 (Attachment 21 to this _ _ _ - _ - _ _ _ - - _ _ _ _ - - _ _ _ _ _ - - _ _ - _ - _ - _ - _a
I l testimony), the owner agreed to provide to LILCO 15 ambulances and 20 ambulettes to come from among the three companies. l l 11. Q. How many ambulances and ambulettes are available to LILCO under present agreements? A. Under the contracts and the letter of agreement, there are 63 ambulances and 130 ambulettes avail-able.
- 12. Q. Are there any limitations in the contracts that might hinder or restrict the use of ambulances to evacuate people?
A. The contracts with ambulance companies provide the following: For an actual radiological emergency, the Contractor will assign for imme-diate use of those vehicles which are not at the time engaged in responding to a public or individual emergency. Vehicles so engaged and therefore not immediately available for the Compa-ny's requisition shall complete the work associated with said response and upon completion, shall contact the Contractor's dispatcher for imme-diate instructions and shall there-fore be promptly assigned for the Company's use under this contract. See the contracts that are Attachments 13-20 of this testimony at pages 7-8 of each contract. Dur-ing an emergency, it is expected that responses to an emergency at Shoreham will take priority. In
addition, most of the ambulances contracted for by LILCO are normally used for pre-arranged transpor-tation and not in response to life-threatening sit-uations. That response is handled by community and tire district ambulances. Consequently, prior com-mitments by these ambulance companies will not af-fect LILCO's response.
- 13. Q. Contention 24.G addresses the need for ambulances and ambulettes to evacuate nursing homes, adult homes, hospitals, and the homebound. How many am-bulances are estimated to be needed if the entire EPZ were evacuated?
A. As indicated in the Plan in Appendix A, page IV-175 (Attachment 23 to this testimony), assuming evacua-tion of the entire 10-mile EPZ, about 113 ambulance trips and 209 ambulette trips would be necessary to evacuate the residents of nursing homes, adult homes, and the residents of the 10-mile EPZ who re-quire transportation in ambulances or ambulettes. (As indicated in Appendix A, IV-175, and reflected in Contention 24.F, some nursing and adult home residents are able to travel by bus.) The 63' ambu-lances and 130 ambulettes obtained'by LILCO through contracts with ambulance companies are adequate to accomplish an evacuation within the parameters of the Plan. Each ambulance-and ambulette would be required to make no cn1 the average more than two
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trips. (Actually, the estimate for ambulettes in the Plan is conservative. Appendix A, IV-175, as-sumes that 4 patients maximum can travel in these vehicles. In fact, the vehicles obtained by LILCO i hold 7 patients -- 4 people in wheelchairs.plus 3 l people in seats.) As will be described further in testimony on spe-cial facilities, LILCO is recommending sheltering to some nursing homes 5 miles or further from Shoreham, due to the greater health risks some nursing and adult home patients would face in being. moved. Thus, the number of patients requiring am-bulance or ambulette transportation may be signifi-. cantly less than the numbers listed.in Appendix A, IV-175. For those nursing homes wishing to evacu-j ate, however, LERO will provide transportation.
! As to hospitals, the three hospitals in-the vicini-ty are over nine miles from the plant; two are just inside the EPZ boundary and one is just outside it, t
Contrary to the implication in Contention 24.G,.the
, planning basis in the LILCO Transition Plan does not include evacuation of these three hospitals at the same time as the rest of the EPZ, assuming an-evacuation of the. entire EPZ. As will be explained
l l in detail in LILCO's testimony on special facili-ties, IILCO is recommending that these hospitals shelter the patients due to the distance of the l hospitals from the plant, the sheltering benefits offered by the hospital buildings, and the health risk in moving hospital patients. Should the hos-pitals choose to evacuate, LILCO will use the ambu-lances and ambulettes contracted for, after those vehicles have moved the homebound and the nursing home patients whose facilities choose to move them. Thus, there will be an adequate number of vehicles to evacuate the hospitals should they choose to move their patients.
- 14. Q. Are there other sources of ambulances in the commu-nity?
A. Yes. Many of the towns and town volunteer fire districts within twenty miles of Shoreham have com-munity ambulances (Attachment 22 to this testimony lists these ambulances). There are a total of 61 additional ambulances that are available for use in an emergency. While LILCO does not intend to rely upon community ambulances, special facilities and-individuals may call for assistance from their com-munity ambulance services. It is to be expected that at least some of those' services would respond. 1 e
But even if they do not, LILCO has contracted for sufficient ambulances. Contention 24.I. Transfer Points l l
- 15. Q. What is contention 24.I?
l l l A. Contention 24.I reads as follows: ! Contention 24.I. The provisions of l the LILCO Plan for evacuating persons without access to automobiles are prem-I ised on a system in which some buses pick up evacuees throughout evacuation zones and carry the evacuees to " transfer points." Other buses are expected to take the evacuees from these transfer points to relocation centers. According to the LILCO Plan, a total of 333 buses will be required to carry out this pro-cess. LILCO's estimated route times begin and end with the assumed transfer points. (See Appendix A, at IV-73 to IV-165; OPIP 3.6.4). However, the LILCO Plan does not in-clude agreements with the owners of those designated transfer points not owned by LILCO permitting LILCO to use the facili-ties relied upon in the Plan as transfer points. In fact, such transfer points are likely to be unavailable to use by LILCO. Moreover, without such transfer points, each bus route would have to ter-minate at a relocation center rather than at a transfer point, resulting in a.sub-stantial increase in the estimated route times. In the absence of such agree-ments, LILCO's proposed evacuation of people without access to cars cannot and will not be implemented.
- 16. Q. What is a " transfer-point?"
A. A transfer point is a location near the edge of the
EPZ used to dispatch buses on pre-designated routes through the EPZ to pick up members of the general public who have no other means of evacuating. In addition, it serves as a location for dispatching
" transfer buses" that take people from the transfer points to relocation centers. People moving from a route bus to a transfer bus remain at transfer points about 10 minutes or less, as indicated in the LILCO Transition Plan Appendix A, page III-36, (Attachment 24 to this testimony).
- 17. Q. At what locations are the designated tranfer points?
A. The transfer points are designated as follows: Brookhaven Lab Miller Place Right of Way Middle Island Shopping Center-Brookhaven Substation Coram Drive-In
.Nesconset-Norwood Avenue North Bellport Vacant Restaurant Shirley Drive-In Eastport Substation Riverhead (Warehouse)
North Patchogue Substation N
- 18. Q. Which of those eleven l locations-are not owned by LILCO?
A. Six transfer. points are on property not owned by LILCO:
\
l ' Ni;, x s ,. ..w
* ? %
s _ .
m i 1 1 Brookhaven Lab Middle Island Shopping Center Coram Drive-In North Bellport Vacant Restaurant Shirley Drive-In Riverhead (Warehouse)
- 19. Q. Do you have agreements with the owners of these lo-cations?
A. LILCO is pursuing agreements with the owners of each of these facilities. The current status of negotiations is as follows: Coram Drive-In. This transfer point has been changed to the adjacent Coram Plaza Shopping Cen-ter. LILCO is pursuing a permanent agreement with the owners of Coram Plaza. The site is currently being used for drills and is adequate without modi-fication Middle Island Shopping Center. The owner is allowing LILCO to use this facility for drills, and is negotiating a permanent lease agreement with LILCO. Brookhaven National Laboratory (BNL). BNL has allowed LILCO to use this site for drills through March 1984, and LILCO has negotiated an agreement for use of the property thereafter. The Board of Directors of Associated _ Universities, Inc., which operates BNL, and DOE.have agreed'to' allow LILCO to
use the property as a transfer point. LILCO is awaiting written confirmation of this agreement
- from DOE.
North Patchogue. The owner has agreed to lease i ! the property to LILCO; a lease is being prepared.
'rth Bellport. The owner hss agreed to allow LILCO to use this property. A lease is being pre-pared.
Shirley Drive-In. This property is not cur-rently available for use as a transfer point. Therefore, LILCO has obtained an agreement to use the Brookhaven Fire District during drills as a temporary substitute for the Shirley Drive-In A permanent location nearby will be found. Riverhead. LILCO has permission to use this site for the duration of the drills. A permanent lease agreement is being negotiated.
- 20. Q. Are any of the LILCO-owned transfer points going to be changed?
A. Yes, the Miller Place right-of-way has been re-placed by the A&P. Shopping Center,' located across the street. The A&P~ Shopping Center is being used for drills by agreement with the owners, and an
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[ y t y
agreement for continued use of the property will be finalized shortly. Contention 24.K. Individual Ambulance Drivers and Paramedics
- 21. Q. What is Contention-24.K?
A. Contention 24.K reads as follows: Contention 24.K. The LILCO Plan relies upon non-LILCO personnel to drive ambulances and ambulettes, and to provide the necessary medical and paramedical support services in the buses, ambu-lances, and ambulettes to be used in evacuating special facilities and the handicapped. (See Appendix A, at IV-166 to IV-168, IV-172 to IV-178.) The LILCO Plan includes no agreements from any such individuals or related entities to per-form such services, under LILCO's direc-tion, in the event of an emergency at Shoreham. In the absence of such agree-ments, LILCO's proposed evacuation of. special facilities and the handicapped cannot and will not be implemented.
- 22. Q. Contention 24.K alleges, in essence, that LILCO needs agreements with the people who will drive ambulances and ambulettes and provide health care in those vehicles when evacuating residents of-special fa-cilities, and the handicapped from their homes. Who will drive ambulances and ambulettes and provide support services?
A. Personnel to man ambulances and ambulettes are to be provided pursuant to the' contracts between LILCO and the ambu-lance companies (Attachments.13-20).
)
l l These contracts clearly stipulate that l the ambulances provided shall be manned by drivers and medical technicians (pp. l 1-2 of the contracts), and that the driv-ers "shall be duly licensed and shall j have received Emergency Preparedness 4 Training prior to vehicle operation" (page 2 of the contracts). Medical Tech-nicians also will receive emergency pre-paredness training. Given these con-tracts, agreements with individual ambulance personnel are not necessary. Contention 24.L. Dispatch Locations
- 23. Q. What is Contention 24.L?
A. Contention 24.L reads as follows: Contention 24.L. The LILCO Plan relies upon unidentified " dispatch loca-tions" to relay communications between LILCO command and control personnel in the EOC, and those emergency response personnel who are affiliated with hospi-tals or expected to drive ambulances and ambulettes during an emergency. (See Plan at 3.4-3). The " dispatch loca-tions," are facilities operated by non-LILCO organizations in the course of their day-to-day operations. (Id.) Agreements with such organizations and personnel are necessary to ensure their availability to LILCO during an emergen-cy. However, the Plan contains no such-agreements. 'In their absence, there can
4 be no finding of compliance with 10 CFR j Sections 50.47(b)(5), 50.47(b)(6), and NUREG 0654 Section II.F. 1 i
- 24. Q. What are the legal standards cited in contention 3
24.L? i A. The legal standards cited in Contention 24.L are i . the tollowing: l 10 CFR 550.47(b)(5) } h Procedures have been established for j notification, by the licensee, of State f and Local response organizations and for i notification of emergency personnel by
- all organizations; the content of initial
) and follow-up messages to response orga-nizations and the public has been estab-4 lished; and means to provide early noti-fication and clear instruction to the populace within the plume exposure path-i way Emergency. Planning Zone have been es - tablished. i ] 10 CFR 650.47(b)(6) l l Provisions exist for prompt communi-l cations among principal response organi-sations to emergency personnel and to the public.
.? <
NUREG-06S4, II.F.2 Each-organization shall ensure that a. coordinated communication link for fixed and mobile medical support facilities ex-ists.
- 25. Q. .What are the." dispatch locations" referred-to.in ,
Contention-24.L? ' A. The dispatch locations are'those at.each of'the am-bulance companies used by LILCO, as follows:
Bi-County Ambulance & Ambulet Transport Service, Inc. Hicksville, NY Guardian Ambulance Service i St. James, NY l Gosline Ambulance Service
- Amityville, NY l
Guardian Ambulance Service i St. James, NY MediBus Inc. Hauppauge, NY Mercy Medical Transportation Service Island Park, NY Nassau Ambulance Service Freeport, NY Orlando Ambulance & Ambulette Service, Inc. Oyster Bay, NY Peconic Ambulance Company Jamesport, NY Stat Equipment Corp. Hauppauge, NY Transportation With Care Long Beach, NY
'<eir Metro Ambulance Service Ronkonkoma, NY
- 26. Q. Who mans each dispatch location?
A. A full time dispatcher employed by each ambulance company mans each dispatch location 24 hours a day. Each of the contracts with ambulance companies (At- l l tachments 13-20) states the following- l l
l l l [T]he Contractor shall make available l to the Company a continuous, twenty-four (24) hour telephone service for the purpose of contacting the Con-tractor in the event of an emergency. This service shall consist of, but shall not be limited to, a full time dispatcher, the telephone numbers and personnel to contact at the Contrac-i tor's facility, and the names and home telephone numbers of at least three (3) of the Contractor's person- , nel who can respond to notification at the times the Contractor's facili-ty may be closed. Should the ambulance company not have the equipment to accommodate LILCO, the contract provides that "the Contractor shall allow the Company to install at the Company's expense, communications equipment at the Contractor's designated facility. Said equipment will be utilized by the Company's Emer-1 gency Operation Center (EOC) to coordinate the dis-patch of the Contractor's vehicle pursuant to this contract." (Attachments 13-20 at 6-7).
- 27. Q. Are agreements with the operators of the " dispatch locations" necessary to assure their availability and functioning in an emergency?
A. The contracts with the ambulance companies provide for dispatch operators to work under LERO's direc-tion from the EOC. Agreements with:particular op-erators are unnecessary.
Contention 24.0. Suffolk County Community College
- 28. Q. What is Contention 24.O?
A. Contention 24.0 reads as follows: i L I Contention 24.0. The Plan designates Suffolk County Community College as the relocation center to be used by evacuees from eight of the 19 zones in the EPZ (zones A-E, H-J). LILCO estimates the population of these zones to be 18,599 i (26,S74 in the summer). (See Plan, Ap-I pendix A, at IV-75 to 162). Suffolk County Community College is an entity of the Suffolk County government. LILCO has
- no agreement with suffolk County to use l Suffolk County Community College as a re-I location center. Furthermore, pursuant to Suffolk County Resolution No. 456-1982 and Resolution No. 111-1983, the Suffolk County Community College will not be available for use in implementing the LILCO Plan. Therefore, there is no relo-cation center designated for'a signifi-cant portion of the anticipated evacuees.
Thus, the proposed evacuation of zones A-E, H-J cannot and will not be imple-mented.
- 29. Q. Contention 24.0 states, in essence, that Suffolk County refuses to make Suffolk County Community College available as a relocation center, and therefore that there does not exist sufficient re-location center capacity. How does LILCO-propose to solve this problem?
A. It is true that, at present, there is no agreement with Suffolk County Community College (SCCC) at Selden for its use as a relocation center. As explained in greater detail in response to Conten-tions 74 (Location of Relocation Centers) and 75 i l l l
(Capacity of Relocation Centers), it is the Red Cross, not LILCO, who obtains agreements with fa-cilities for relocation centers. (See the testimo-ny in response to Contention 24.P, below.) LILCO does not intend to obtain agreements with any fa-cilities, including SCCC-Selden, for use as reloca-I tion centers. The Suffolk County Red Cross is pursuing agreements for facilities within Suffolk t County sufficient to house anticipated evacuees. If for any reason sufficient Suffolk County facili- , ties are unavailable, LILCO has an understanding I with Nassau County Red Cross to provide sufficient relocation centers. Sufficient capacity will be available to house evacuees who need public shel-ter, whether Suffolk County allows SCCC at Selden to be used as a relocation center or not. (See LILCO's testimony in response to Contentions 74 and 75.) LILCO is aware that Suffolk County at present re-fuses to allow SCCC at Selden to be used as a relo-cation center, because in the County's view such activity is contrary to certain resolutions passed by the Suffolk County Legislature. In LILCO's view, the real issue regarding relocation centers is whether sufficient capacity will exist, not i l l
whether Suffolk County will allow the Red Cross to use SCCC at Selden during an emergency. That issue is discussed in response to Contentions 74 and 75. Contention 24.P. Red Cross
- 30. Q. What is Contention 24.P?
A. Contention 24.P reads as follows: Contention 24.P. LILCO relies upon the ARC to provide services, including medical and counselling services, at re-location centers. (Plan 2.2-1, 2.2-2, 3.6-7 and 4.2-1). However, LILCO has no agreements with the ARC to provide such services. In the absence of such agree-ments, LILCO's proposed protective action of evacuation cannot and will not be im-plemented.
- 31. Q. Does the LILCO Transition Plan rely upon the Red Cross?
A Yes. The American Red Cross is relied upon to set up and operate relocation centers.
- 32. Q. Does LILCO have an agreement with the Red Cross?.
A. Yes. There is in Appendix B of the LILCO Transi-tion Plan a letter of understanding from LILCO to
~
the Suffolk County Chapter of the American Red Cross. The letter is Attachment 25 to this testi-mony. .The Suffolk Red Cross presently is proceed-ing with~ arrangements to staff and equip relocation 1 i ____ _-____m.. _ _ . _ _ _ _ . _ _ _ _ _ _ - - - _ _ . - . _ _ _ .
centers in Suffolk County for evacuees in a ra-diological emergency (see LILCO's testimony in re-sponse to Contentions 74 and 75). LILCO has been l working closely with the Red Cross in this effort l l since May of 1983. In fact, the Suffolk County Red l Cross director, staff and volunteers helped make ! the LILCO training tape on relocation centers. ! Suffolk Red Cross personnel also have been equipped with LERO pagers and are now part of the LERO noti-l fication system. The Red Cross used these beepers in responding to the Grucci fireworks explosion on Long Island in the fall of 1983. In addition, the Suffolk Red Cross has issued a detailed statement of its functions in response to a radiological emergency at Shoreham, including providing relt :a-tion centers (Attachment 26). LILCO has also obtained a letter of understanding with the Nassau County Red Cross to provide reloca-tion centers. The letter is Attachment 27;to this testimony. As explained in response to Contentions [ 74 and 75, the Nassau. Red Cross relocation centers are available to be used as back-up relocation cen-ters. If for whatever reason the Suffolk Red Cross is unable to provide sufficient relocation centers,- the Nassau centers will be used. The Director.of l 1 1
Disaster Services for the Nassau County Red Cross participated in the February 15 LERO drill. Contention 24.R. Connecticut
- 33. Q. What is Contention 24.R?
A. Contention 24.R reads as follows: Contention 24.R. The ingestion expo-sure pathway EPZ includes portions of the State of Connecticut. LILCO has no agreement with the State of Connecticut under which the State agrees to plan for, recommend or implement protective actions for the portions of the ingestion expo-sure pathway EPZ that are in Connecticut. In the absence of such an agreement, pro-tective actions for the entire ingestion exposure pathway EPZ cannot and will not be implemented. Thus, there can be no finding of compliance with 10 CFR Section 50.47(c)(2).
- 34. Q. Does LILCO have an agreement with the State of Con-necticut under which the State agrees to assume re-sponsibility for implementing protective actions for that portion of the 50-mile ingestion exposure pathway EPZ within its boundaries?
A. Yes. By letter dated December 15, 1983, from Frank Mancuso, Director of the Office of Civil Prepared-ness of the Department of Public Safety of the State of Connecticut, to Donald A. DeVito, Director of the Office of Disaster Preparedness of the State of New York, the State of Connecticut has agreed to assume responsibility for, among other things,
t 1 f implementing protective actions for the ingestien exposure pathway in the event of a radiological emergency at the Shoreham Nuclear Power Station. The letter of agreement is Attachment 28 to this testimony. The letter provides that the State of Connecticut "will respond in Connecticut to re-quests for radiological assistance from licensees" and "will collect samples and interdict food, water and milk within potentially affected areas of the Shoreham 50-mile EPZ, as required, within the boundaries of the State of Connecticut." Thus, contrary to the allegations of Contention 24.R, the State of Connecticut has agreed to implement pro-tective actions for that portion of the 50-mile in-gestion exposure pathway EPZ within its boundaries. Contention 24.S. Training of Outside Organizations
- 35. Q. What is Contention 24.S?
A. Contention 24.S reads as follows: Contention 24.S. LILCO is required to provide site specific emergency re-sponse training and periodic retraining for those offsite emergency organizations who may be called upon to provide assis-tance in the event of an emergency, including personnel responsible for acci-dent assessment, police, security and fire fighting personnel, first aid and rescue personnel, local support services personnel, and medical support personnel.
10 CFR Section 50.47(b)(15); NUREG 0654, Sections II.O.1.a, 4.b, d, f, g and h. l In addition, 10 CFR Section 50.47(b)(14) and NUREG 0654 Section II.N require that there be periodic drills and exercises of l emergency _ response capabilities. LILCO i has no agreements with offsite responso l organizations, or individual workers, to l attend LILCO training sessions or to par-ticipate in drills or exercises. Such agreements are necessary because unlike
- its own personnel, LILCO cannot require
) non-LILCO personnel to receive training, j or to participate in drills or exercises, j In the absence of such agreements, there is not assurance that an adequate number of properly trained emergency workers will be available to respond effectively i to an emergency at Shoreham, in violation of 10 CFR Sections 50.47(b)(14) and 50.47(b)(15), Part 50, Appendix E, Sec-tion IV.F, and NUREG 0654, Sections II.O.l.a, 0.1.b, and N. In the absence of trained non-LILCO emergency workers, no aspect of the LILCO Plan can or will be implemented. i 36. What are the legal standards cited in Contention Q.
; 24.S?
A. The legal standards cited in Contention 24.S are as follows: 10 C.F.R. S 50.47(b)(14) (NUREG-0654,II.N) Periodic exercises are (will be)' con-ducted to evaluate major portions of emergency response capabilities, periodic drills are (will be). conducted to develop and maintain key skills, and deficiencies-identified as a result of exercises.or drills are (will be) corrected. 10 C.F.R. 50.47(b)(15) Radiological emergencyLresponse training is provided to those who may be called.on to assistiin an emergency.
10 C.F.R. Part 50, Appendix E, IV.F [The first portion of Appendix E, IVE has been omitted because it appears to the onsite plan.] In addition, a radiological orientation training program shall be made available l to local services personnel, local Civil i Defense, local law enforcement personnel, local news media persons. The plan shall describe provisions for the conduct of emergency preparedness exercises. Exercises shall test the ade-quacy of timing and content of imple-menting procedures and methods, test emergency equipment and communication networks, test the public notification system,.and ensure that emergency organi-zation personnel are familiar with their duties. Each licensee shall exercise at least annually the emergency plan for each site at which it has one or more power reactors licensed for operation. Both full-scale and small-scale exercises shall be conducted and shall include par-ticipation by appropri ate State and local government agencies as follows:
- 1. A full-scale exercise which tests as much of the licensee, State, and local emergency plans as is reasonably achievable without mandatory public par-ticipation shall be conducted;
- a. For each site at which one or more power reactors are located and li-censed for operation, at least once every five years and at a frequency which will enable each State and local government within the plume ex-posure pathway EPZ to participate in at least one full-scale exercise per year and which will enable each State within the ingestion pathway to par-ticipate in at least one full-scale exercise every three years,
- b. For each site-at which a power reac- ,
tor is located for which the first
operating license for that site is issued after July 13, 1982, within one year before issuance of the first operating license for full power, and I prior to operation above 5% of rated power of the first reactor, which l will enable each State and local gov- ! ernment within the plume exposure EPZ ! and each State within the ingestion pathway EPZ to participate. l 2. The plan shall also describe provi-sions for involving Federal emergency re-sponse agencies in a full-scale emergency preparedness exercise for each site at which one or more power reactors are lo-cated and licensed for operation at least once every 5 years.
- 3. A small-scale exercise which tests the adequacy of communication links, es-tablishes that response agencies under-stand the emergency action levels, and tests at least one other component (e.g.,
medical or offsite monitoring) of the offsite emergency response plan for li-censee, State, and local emergency plans for jurisdications (sic) within the plume exposure pathway EPZ shall be conducted at each site at which one or more power reactors are located and licensed for op-eration each year a full-scale exercise is~not conducted which involves the State (s) within the plume exposure path-way EPZ. All training, including exercises, shall provide for formal critiques in order to iden-tify weak areas that need corrections. Any weaknesses that are identified shall be cor-rected. NUREG-0654, II.O.1
- 1. Each organization shall assure the training of appropriate-individuals.
- a. Each facility to which the plant applies shall provide site specific emergency response training for those offsite emergency organizations who
I l may be called upon to provide assis-tance in the event of an emergency. (footnote omitted]
- b. Each offsite response organization shall participate in and receive training. Where mutual aid agree-ments exist between local agencies
! such as fire, police and ambu-lance / rescue, the training shall also be offered to the other departments who are members of the mutual aid district. i l NUREG-0654, II.O.4.b., d, f, g, h
- 4. Each organization shall establish a training program for instructing and qualifying personnel who will implement radiological emergency response plans.
The specialized initial training and pe-i riodic retraining programs (including the scope, nature and frequency) shall be provided in the following categories: (footnote omitted)
- b. Personnel responsible for accident assessment;
- d. Police, security and fire fighting personnel;
- f. First aid and rescue personnel;
- g. Local support services personnel including Civil Defense / Emergency Service personnel;
- h. Medical support personnel.
- 37. Q. Which outside organizations are relied upon in the-
'LILCO Transition Plan to supply personnel who will provide offsite. assistance in areas mentioned in-Contention 24.S?
A. In addition to the LILCO employees who participate , in LERO, LERO relies upon personnel from ambulance companies, the Coast Guard, DOE, Impell, Island He-licopter, and the Red Cross in these areas.
- 38. Q. What training is offered to outside organizations by LILCO?
A. The various types of training that are offered to ! non-LILCO agencies are described in the LILCO Tran-sition Plan at 5.1, which is Attachment 29 of this testimony. A training matrix, Figure 5.1.1 of the Plan, identifies the non-LILCO organizations sup-porting LERO to which a comprehensive training pro-gram will be offered. 'The training matrix is At-4 tachment 30 to this testimony. In addition to the comprehensive training program provided'to the per-sonnel indicated in the training matrix, _ training and information sessions will be offered to other I groups within the EPZ, including, for example, schools, hospitals, and nursing homes. LILCO, in fact, is willing to train any organization within the EPZ'that desires-it. The training program for-organizations assisting LERO and for other groups within the EPZ will be described in detail in tes-timony filed in response to-training' contentions. 1 c l
v - . - . - .. . . - . - . -
- 39. Q. With which of the support organizations included in the LERO training matrix does LILCO have a letter of agreement containing training provisions?
A. LILCO has agreements providing for training for the following offsite support organizations: i Ambulance Companies. LILCO has contracts with eight a.nbulance companies to provide manned vehi-cles during an evacuation of the EPZ. The con-tracts are appended to this testimony.as Attach-ments 13-20. Each contract provides for participation of ambulance company employees in
" Radiological Training" and list equipment that will be available for " training,' drills and exer-I cises." Thus, ambulance company personnel by agreement will be trained by LILCo.
) Coast Guard. LILCO has a letter of agreement with the U.S. Coast Guard (Attachment 31 to this testi-mony). It includes a provision 1that LILCO will provide "[o]ngoing refresher and updated' training i of Coast Guard personnel." LILCO-has developed a specific lesson plan for training the Coast Guard,
~
which is appended.to this testimony as Attachment , 32. Initial training was completed for Coast Guard employees in 1983. e 4 g.. , 3- -
-.,y e n.-, - - --
- 40. Q. LILCO also relies upon the Red Cross, DOE, Impell Island Helicopter for offsite assistance in a ra-diological emergency, although they are not includ-ed in the training matrix. Do you have letters of agreement containing training provisions with these organizations?
A. LILCO has letters of understanding with the suffolk County and Nassau County chapters of the American Red Cross which provide that the American Red Cross "will fulfill its usual emergency response func- ! tions, including setting up and operating reloca-tion centers for the public." The letters also state that "to assure preparedness in an actual emergency, the Red Cross should also participate as appropriate in training, drills, and exercises." Red Cross personnel will not be participating in the comprehensive training program, however, be-cause the Red Cross provides its own comprehensive training program. Copies of the letters of under-standing are appended to this testimony as Attach-ments 25 and 27. LILCO also has a letter of agreement with the_De-partment of Energy (DOE) (Attachment 33 to this testimony). Because DOE has its own training
1 program, the letter does not address training. The LILCO Transition Plan, at 5.2, and the implementing procedures, OPIP 5.1.1 at Section 5.2, provide, however, for an annual exercise of all parts of the emergency response organization to test, among other things, the radiological assistance function. I LILCO relies upon Impell Corporation to provide a qualified person to fill the position of Radiation Health Coordinator. The agreement with Impell pro-vides that the five individuals who are available to fill the position will "be made available for periodic training" by LILCO (Attachment 34 to this testimony). LILCO also relies upon Island Helicopter personnel to fly helicopters used to respond in an emergency. The contract between LILCO and Island Helicopter (Attachment 35 to this testimony) provides that-LILCO will train Island Helicopter personnel. Contention 24.T. Coast Guard
- 41. Q. What is Contention 24.T?
A. Contention 24.T reads as follows: l l i
Contention 24.T. Under the LILCO Plan, the U.S. Coast Guard is relied upon to provide public notification services for the general public on the waters within the 10-mile EPZ and to restrict l access to the EPZ during a radiological ~ emergency at Shoreham. (Plan, at 2.2-2). Since much of the EPZ covers Long Island Sound, prompt notification of boaters and l swimmers is important, particularly since the wind often blows offshore. However, LILCO has no agreement with the U.S. Coast Guard to perform the notification functions required under the Plan. In the absence of such an agreement, a por-tion of the population in the EPZ will not receive notice of an emergency, and persons inside and outside the EPZ may receive substantial doses of harmful ra-diation. Thus, there can be no finding of compliance with 10 CFR Section 50.47(b)(5), 50.47(b)(10) and NUREG 0654 Sections II.E.5 and E.6.
- 42. Q. What are the legal standards that govern Contention 24.T?
A. The legal standards cited in Contention 24.T are the following: 10 C.F.R. 6 50.47(b)(5) Procedures have been established for notification, by the licensee, of State and local response organizations and for notification of emergency personnel by all organizations; the content of initial and follow-up messages to response orga-nizations and the public has been estab-lished; and means to provide early noti-fication and clear instruction to the populace within the plume exposure path-way Emergency Planning Zone have been es-tablished.
10 C.F.R 6 50.47(b)(10) A range of protective actions have been developed for the plume exposure pathway EPZ for emergency workers and the public. Guidelines for the choice of protective actions during an emergency, consistent with Federal guidance, are de-veloped and'in place, and protective ac-tions for the ingestion exposure pathway EPZ appropriate to the locale have been developed. NUREG-0654, II.E.5 State and local government organiza-tions shall establish a system for disseminating to the public appropriate information contained in initial and fol-lowup messages received from the licensee-i including the appropriate notification to appropriate broadcast media, e.g., the Emergency Broadcast System (EBS). . NUREG-0654, II.E.6 Each organization shall establish ad-ministrative and physical means, and the time required for notifying and providing prompt instructions to the public within the plume exposure pathway Emergency ' Planning Zone. (See Appendix 3.) It shall be the licensee's responsibility to demonstrate that such means exist, re-gardless of who implements this require-ment. It shall be the responsibility-of the State and local governments to acti-Vate such a system.
- 43. Q. What is the Coast' Guard's role in the LILCO Transi-tion Plan?
~
A. The Coast Guard.will perform marine traffic control functions, broadcast warnings to the public on the waters within the EPZ, provide vessels for e
I radiation monitoring during marine traffic control l patrols, and provide liaison personnel at LERO's l Emergency Operations Center in Brentwood. i 44. Q. Do you have a letter of agreement with the Coast Guard to perform these activities in the event of an emergency at Shoreham? A. Yes. The letter of agreement is appended to to i i this testimony as Attachment 31.
- 45. Q. How will swimmers at Long Island beaches in the EPZ j be notified of a radiological emergency?
A. The siren warning system covers.all public beaches in the EPZ. In addition to the siren notification,
- posters detailing the appropriate actions to be taken by persons at the beach will be posted at all public beaches.
Summary of Testimony
- 46. Q. Please summarize your testimony on Contention 24.F, G, I, K, L, O, P, R,S and T.
1 A. LILCO has contracted for the use of 1,236 buses in the event of an emergency at Shoreham, sufficient-to hold at a. minimum 49,440 adults or 74,160 chil -
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dren. LILCO also has contracted'for 48 ambulances and 110 ambulettes, Land shortly will finalize con-. tracts for an additional 15 ambulances and 20 t ambulettes, for a total of 63 ambulances and 130 + e ~ m _w v s#5
l i ambulettes. These vehicles are more than suffi-cient to complete an evacuation in accordance with the LILCO Transition Plan, even assuming evacuation of the entire 10-mile EPZ. The agreements also provide that ambulance and dispatch personnel will i be available and will work under LILCO's direction, and that 24-hour dispatch services will be provid-ed. LILCO also has agreements with the owners of the seven transfer points on property not owned by LILCO, to allow LILCO use of that property for drills and exercises, and shortly will finalize with the owners agreements for continued use of the property. Thus, the allegations in Contentions 24.F, G, I, K, and L are without merit. LILCO also has agreements with the Nassau and Suffolk Chapters of the American Red Cross to pro-vide relocation centers for evacuees, and with the Coast Guard to notify the public on the waters within the EPZ should there be an accident. 'LILCO also has obtained from the State of Connecticut an agreement to implement protective actions for the portions of the ingestion exposure pathway EPZ in ; Connecticut, including respondiny in Connecticut to requests for radiological assistance from LILCO, l i collecting samples, and interdicting food, water
- ._. - -~ .---
i 1
- and milk in Connecticut. Thus, the allegations in Contentions 24.0, P, R, and T are without merit.
Finally, for those outside organizations giving offsite assistance in the areas mentioned in Con-tention 24.S -- ambulance companies, . Coast Guard, DOE, Impell, Island Helicopter, and the Red Cross
-- LILCO is providing a comprehensive training pro-gram as applicable to complement-training already provided by these organizations, as discussed in r the written agreements with these organizationr.
In addition, training and information sessions will be offered to groups within the EPZ, including schools, hospitals, and nursing homes. LILCO is willing to train any organization within the EPZ that desires it. Thus, the allegations in Conten-tion 24.S are without merit. l
ATTACHMENT 1 jggE,c,o LONG ISLANO LIGHTING COMPANY ** 17 5 EAST O'L D COUNTRY ROAD H ICK SVI LLE. NEW YOR4 11001 J.____ l Direct Dial Number . January 27, 1984 _ Baumann & Sons Buses, Inc. . 24 Railroad Avenue East Northport, NY 11737 Attention: Mr. Mr. Ronald A. Baumann, President
Subject:
Shoreham Nuclear Power Station Local Emergency Response Plan Gentlemen: We are enclosing herewith one (1) copy of the agreement covering your furnishing unmanned and/or manned vehicles for the subject project, which has been executed by the Long Island Lighting Co.mpany. Purchase Order Number 368361 has been assigned to this agreement. Please note this Purchase Order Number on all invoices to be submitted in connection with this agreement. Very truly yours, l u Thomas ill TJH/bd cc: J. A. Weismantle (2)
- Internal Audit LERO File Purchasing Department 9
3 ~7-CONFORMED COP.Y ~ This Agreement made as of tihe first day ofdanuary -19J4, by and between Long- Tsland Lighting Company , a New Tcrk CorpoE/p tion havin'g - . l ) its principal place of business at 250 Old Country Road, Mineola, New l Baumann & Sons Buses, Inc. , c New York York (" Company"); and Corporation, hs'ving its principal place of business at
24 Railroad Avenue, East Northport, NY (" Contractor"). -
11737 ,
. Witoesspth: _
SCOPE The Company hereby retains the Contractor to furnish the forth in required unmanned and/or manned vehicles as set Schedule "A" which is attached hereto and forms a part hereof, on an "as nvailable" basis for the Company's Local Emergency Response Plan-{or the Thoreham Nuclear 3 Power Station.. To support said plan, the Contractor agrees, promptly after notification of a chill. exercise, , or emergency, to make available all requisitioned . vehicles and personnel (if required), for the Company's use, and will supply fuel, keys, certificates of so that the registration, licesse plates, tags, ate., vehicles can be p' laced in use promptly by the Company's authorized personnA1. ,All vehicles supplied by the S s ee
.-=.
^
. . :. ~ . . . . . . . . .
SCOPE Contractor will be in good operational condition and (Cont'd.) < infe and fit for use, andanydriversthhreo{willbe - t duly licensed as customarily required by'the contractor. i I l l In consideration of the Contractor's agreement and - consent as set forth above, the following shall govern . all work and service to be furnished he'reunder: UNMANNED For the furnishing of unmanned v'ehicles for drills, VEHICLES exercises, and emergencies, the Company will take possession, and acknowledge receipt 'of vehicles at the Contractor's bus storage yard at the time of requisition. The Company will return the vehicles at the conclusion of its use to the Contractor's bus storage yard. A receipt and survey form for any requisitioned vehicles shall be filled out and completed by the Company and Contractor prior to vehicle furnishing and upon vehicle return. .._ _ _ _ The vehicles furnished shall be in good, safe, operational condition and will be utilized only in the same manner and for the same purpose as is p'erformed in the Contractor's normal mode of business. The vehicles l 2
1.
.. . ....r... .. . . . .
( - j-I
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UNMANNED will be return (d in the same condition, reasonable VEHICLES waar and tear excepted. Uponitsreturnkall '
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t ' (Cont'd.) vehicles shall be checked and inspected by the driver and by representatives of both the Company and Contractor, noting deficiencies and damages,.if any. - Claims for deficiencies and/or damages will not be , considered beyond those noted at time of vehicle return. All vehicles will be, fueled and completely checked prior _ to departure and refueled and completely checked upon return. The Company will designate and authorize as drivers of requisitioned vehicles only those persons who hold valid New York State licenser lawfully permitting
- them to drive the particular requisitioned vehicles and
- who have received Emergency Preptredness Training. The Company will secure, update on an annual basis and maintain on file for the Contractor's review, New York State driver's license abstracts of all drivers assigned to this program. The Company will submit to the Contractor on or bef ore sixty (60) days after contract execution, a record of all drivers assigned to this s
program listing the class of' license, license n, umber and expiration date of lic,ense. , r s 3 ,
/
- l. . . ,
. .. . . . . - . ..~..s... .. .. .~ .
O
.YEBICLE The vehicles shall be furnished f or a minimum lease '
s/
\ . .
LIMITATI0N- ~'eriod p of four (4) hours. - f - ' MANNED Supplementing all of the af orenekstioned terms and ,
~
EQUIPMENT con'ditions, in the event the Contractor furnishes manned vehicles, the vehicles and drivers will be utilized only - in the same manner and for.the same purpose as is
.. performed in the Contractor si normal mode of business. .
Contractor's drivers shall have received Emergency Praparedness Training prior to vehicle operation. This training shall be at the Company's expense and at a
. mutually agreed upon time and place.
ANNUAL The Company shall pay the Contractor annually for a RETAINER five (5) year period a retainer to reimburse the PRICE Contractor for its administrative costs involved in this agreement, f or providing 200 Buses 6 $ / year / bus, and , for providing 0 vans t $ / year / van, all subject, however, to the prior rights of the local school districts under contracts with the Contractor, in the . unlikely event of an accident at the Eboreham N,uclear Power Station. . , 4
- =--& F l
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PRICE For use of all* manned and/or unmanned vehicles theCompanyshallpkyt
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furnished hereunder, e - BASIS. . Contractor the service rates as specified in Schedule ~f "A", which is attached hereto and forms a part hereof. For use of manned vehicles straight-time service rates j . will be based upon the normal work day,' Monday through Friday. Overtime will consist of time worked-in excess of , , , the normal work day or time worked on Saturdays, Sundays and Bolidays. Bolidays will be those customarily observed by the Contractor. i . For Emergency Preparedness T' raining, the Company shall pay the Contractor the driver's straight time hourly rates, j which includes the base hourly rate, contractual benefits and statutory costs, plus an Administrative Adder of 10%. Contractor shall supply certified payrolls with the . 1nvoice. For refueling of vehicles, the Company shall pay the Contractor for fuel,' invoiced at cost plus a 10% adder. S e 0 e
.. ;4 . , . .. . . . . . . . . . . .. .. . .
> T
~.
PRICE The service rates detailed herein are subject to BASIS .. , <djustment, to reflect anyincreaseres.uktin from -
~
~
(Cont'd.) any negotiated agreements reached with L' abor Unions representing Contractor's employees, any general rate increase to Contractor's employees, and any increase in statutory cbligat' ions. All increases are to be supported , and substantiated by documentation and calculation, and shall become eff,ective on the date of such increase. , , , The service rates during the normal work day shall
/
commence when the requested manned or unmanned vehicles are available and ready for service. These rates will terminate at time of vehicle return and immediate
. checkout. For requests beyond the normal work day or on Saturdays, Sundays and/or Holidays, the service rates will commence at time of request and will terminate at time of vehicle return and immediate checkout. .
TERMS OF Terms of Payment shall be in accordance with the '
' PAYMENT following: :.
- 1) The Company shall pay contractor's ann _uEl retainer price pro rata payments in advance on a 6
, 4 3
t' TERMS OF quarterly basis', provided the Contractor submits FAYMENT . invoices for the following quarter not ekr11lrthan -
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f (Cont'd.) the 1st day of the 3rd month of each qua'rter, detailing 'l
, the type and the total number of vehicles being made available to the Company, the avail'able vehicles under prior commitment, the available vehicles not under prior ,
commitment, vehicle yard location, seating capacity and identification and plate numbers. Invoices shall be paid , , , on a net thirty (30) day basis after receipt, review and
~
acceptance of invoices.
- 2) The Company shall pay Contractor's vehicles and
. personnel service rates on a net thirty (30) day
. basis, provided invoices have been received which substantiate all service details, including, but not limited to, purpose, date, hours of use, vehicle
' location and identification number. .
COMMUNICATION At time of Contract execution, the Contractor SYSTEM shall make available.to the Company a continuous, twenty-four (24) hour telephone service for the , purpose of contact,ing the Contractor i;ni the event of ! an emergency. This service shall consist of, but shall not be limited to, the telephone numbers and l 7
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. . . . . , . . , , T.... . . ..~.~... . .
,f" .
COMMUNICATION . personnel to contact at the Contractor's facility. SYSTEM. ,
.andthenamesandhometelephonenunhersfofat p least? .
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(Cont'd.) three (3) of the Contractor's person'nel who can respond to notification at the times the Contractor's
~
facility may be closed. l RESPONSE The Company will advise Contractor approximately
/
NOTITICATION seventy-two ,(72) hours prior to requisition for _ training, drills and/or exercises, and approximately fifteen (15) minutes f or an actual emergency, at which times Contractor will determine and assign for the Company's immediate use those available vehicles not already committed under any prior Coutracts. Vehicles under contract with the local school districts and not immediately available for the Company's use shall complete the work associated with the contract, and shall return promptly to the
.... Contractor's bus storage yard. At time of vehicle ~
return, the Contractor shall notify the Company's . authorized representative and make available the I
. required requisitioned vehicles. The Contractor shall not be penalized by retainer price' reduction in i
the event the Company's requisition coincides with the time when all vehicles are under prior commitment i ' provided the Contractor has submitted the required l . , l i I ! 8 I t, _ _. .- _
l 1 RESPONSE vehicle dita as set forth in the Terms of Payment NOTIFICATIDW ~ provision. - f (Cont'd.) INSURANCE During the period of Company's use of the vehicles or personnel or both, the Company shall be solely - responsible for all negligent acts or omissions, and will defend, indemnify and hold Contractor harmless -- from and against all loss, damage (whether to Contractor's vehicles or otherwise), and for bodily injury or death, including all claims for Workmen's Compensation for employees, arising out of or in any way connected with all negligent use of the vehicles I - pursuant to this agreement. i The Company hereby agr-ees to maintain, for the entire period of use of the vehicles or personnel or both, , insurance coverage (including self-insurance) in accordance with the requirements established in the . Certificates of Insurance which are attached hereto and form a part hereof, in an aggregate amount sufficient to meet all obligations unde'r the
. preceding paragraph. Insurance co'verage will commence at such time as the Contractor's vehicles are available and ready for the Company's use and will terminate when the vehicles are returned to the Contractor.
Q . _ .
..,.4 . - .. . . . . . . . . . . . . _ . . . _ .'. . . . . . . j
- I
. . i
. )
l TERMINA, TION ,, ,At any time after one (1)yearafterjtheyeffective ,- . p . .
- ' " ' 'date of this contract, the Company and Contractor each reserve the right to terminate this Contract upon not less than minety (90) days prior written .
" notice to the other specifying the termination date. .
l Should the termination date not coincide with a . i retainer payment period, the payment shall than be apportioned between the parties on a daily basis, pro-rata to the date of termination. 1 ASSIGNMENT OF The Contractor agrees that it shall not assign CONTRACT this Contract or any portion thereof to any person, partnership, company or corporation not satisfactory
- to the Company, and shall not make such an assignment until the prior written permission of the Company has been received. Any such assignment shall be void if made without the Company's prior written permission.
l ACCEPTANCE This agreement shall be governed by the laws of the State of New York, and shall remain in effect for the f ' five (5) year period commencing Janua:n 14 1984 and terminating at 12 o' clock mid-night December 31. 1988. Any extension of the aforementioned pe'riod shall be mutually agreed upon and shall be expressed in a writ'ing duly signed by both parties. 10
In Witness thereof, the parties have signed this Agrgemept as of the. - day and year- first above written. g , Long Island in onpany By: M A.W.W6fford " Vice President Purchasing
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h bh . B n& s use , c. By: (m ~
- x. -
Ronald 1. Baumann Typed Nane-
' President Title G
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SCHEDULE A
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-- School Bus and Passenger Van .k [ -
F' ~ Availability and Price List (A) Vehicle Availability and Location Vehicles . Description .. Total Available , 40 Passenger School Bus : 200 15 Passenger Van 12 Passenger Van , 7 Passenger Van (B) Pricing (1) Unmanned Vehicles Unit Price /Hr. 40 Passenger School Bus $ 15 Passenger Van $ 12 Passenger Van
- 7 Passenger Van $
(2) Manned Vehicles-(Straight T'ine Basis) Unit Price /Hr. 40 Passenger School Bus $ 15 Passenger Van $
.12 Passenger Van $
i 7 Passenger Van $ (3) Manned Vehicles-(.0vertime Basis) Saturday & in - Excess of Sunday & Normal Day Bolidays Unit Price /Hr. Unit Price /Hr . 40 Passenger School Bus $ $ 15 Passenger Van $ $ 12 Passenger Van $ $ 7 Passenger Van $ $ _ O 12
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~t AND ADontss or ActNCv COMPANIES AFFORDING COVERAGES
? 4 .' Marsh & McLennan, Inc'orporated 1221 Avenue of the Americas, S7"' A t exington xnsurance co. . .
[' t.7 @4 New York, New York 10020 Com8#ANY 1+.' LETTER { g w- ' ~ C AND ADOREss CF,DesWRtD COMPANY F. LETTER Long Island Lighting company 250 Old Country Road =rR D "' Mineola, New York 11501 COM8ANY
. . , , ;c . .. .--...- -
tcTum . . . This is to wh that pohcses of esurance listed below have been issued to the esured named ansve and are in force at tras tirne. hotwithstandu of any contract or other document erith respect to which this certifcate may be assued or may pertain. the insurance efforded by the pohc - terms, esclusens and conditer,s of such + =1. - - - L rnits of Liability in Thousands (000) . E POLICV _ Z . w ,,, 4'4.TVPt oF pesuRANCr
, * *1.PcLICY NUMBER ' (KPWtAttON Daft,; ,,,,,,,,,,,,f . %g. L. yh&t'" ^* OAU
.-y_JTitR _,
-'..[ (GENERAL LIABIL'ITY.
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G COMPRtstNs47oRM
-. .. 552-3955 6/27/84 .
PROPtRT DiMAct i s
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( APtosioM AND COLLA >st 64AZARD UNDERGROUND HAZARD
] PRODUCTS <OMPLtTED SOOftY 98)URY AND OPERATIONS HALARD PROPtRiv DAMAct si,000 s5,000 CO.anacTuaL suaANCt COM8NED SROAD FORM PROPERTY DAMAct INDEPENDENT CONTRACTORS g pgg$ogag ,gygy, PENsONat RhRY
___= , eODsv mjuRv 3 AtJTOMOBILE LIABILITY (EACM PERSONI 5, BOORY 1700gy s COMPREMENs:Vr FORM ow*etD OPERM DWAM s NIRtD sODILY WijuRY AND I feO8eCwNED PROPERTY DW ACr 7 CousimtD _ M
. EXCESS LIABILITY sOOeLY WUURY AND
*. UMSRELLA FORM
. PROPtRM DAMAGr I I COMBINtD ofMER THAN UMBRcLLA . ,
.E. popu -
,, , STATUTORY
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rf. .% :n..c%:.% y g'; C . otsCmmoM or cetRAriONsrOCAtiONs,w .-.ts LILCO-Local Ethergency Response Organization services to be provided: to make available buses and vans (and possibly drivers and maintenance personnel) as described in a contraetwil agreement effective January 1,1984. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof the issuing com-pany will endeavor to mail 10 days written notice to the below named certificate holder, but failure to mpil,such notice shallimpose no obligation or liability of any kind upon the company. E.*,_g' mAMc Ane ADORessoretRracAnnoLot" ,, January 1, 1984 s
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Baumann & Sons Buses, Inc.
& Affiliates ,
- d( 4 24 Railroad Avenue Au NORgratstmAmt East Northport, N.Y. 11737 ACOso 25 n.m . ... . ... . ..
Y . . ; f ',:, ASSOCIATED ELECTRIC & GAS INSURANCE SERVICES LIMITED Hamilton, Bermuda
. CERTIFICATE OF INSURANCE . .
The undersigned hereby certify that the following described insurance is in force at this date with - Associated Electric & Gas Insurance Services Limited. NAME OF INSURED: Long Island Lighting Company ,
,. PRINCIPAL' ADDRESS. 250 Old Country Road - .
. Mineola, New York 11501 ,
POLICY NUMBER: 040 . POLICY PERIOD: FROM: January 1,1984 'IO: Continuous until cancelled. LIMIT OF LIABILITY: $15 million, each occurrence excess of and participating i with any other valid and collectibel insurance. DESCRIPTION OF COVERAGE: Bodily injury, property damage, personal injury contractual liability. This document is furnished to you as a matter of information only. The issuance of this document does not make the person or organization to whom it is issued an additional assured, nor does it modify in , c.ny manner the contracts of insurance between the Insured and the Insurers. Any amendment, change or. ' extension of such contracts can only be effected by specific endorsement attached thereto. Should the above mentioned contract of insurance be cancelled, assigned or changed during the above named policy period in such manner as to affect this document, we will endeavour to give notice to the holder - cf this document. . Janaq 3, 1983 DATE: Baumann & Sons Euses, Inc. & Affiliates - ISSUED 'IO: 24 Railroad Avenue, East Northport, N.Y. 11737 ADDRESS, AEGIS INSURANCE SERVICES INC. aulkoLN-At J:rsey City, New Jersey ; iracam n
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. ATTACHMENT 2 v /Eg"O LONG ISL.AND LIGHTING COM PANY
. . AStraddF/AWAnf 17 5 EAST OLD COU NTRY ROAD
- H ec K SVI LLE. NEW YORK stoot Direct Dial Number January 24, 1984 Bruno Bus Service Inc.
316 Smithtown Boulevard Lake Ronkonkoma, NY 11779 Attention: Mr. John P. Dwyer, President
Subject:
Shoreham Nuclear Power Station Local Emergency Response Plan I Gentlemen: We are enclosing herewith one (1) copy of the agreement covering your furnishing unmanned and/or manned vehicles for the subject project, which has been executed by the Long Island Lighting Company. Purchase Order Number 368362 has been assigned to this agreement. Please note this Purchase Order Number on all invoices to be submitted in connection with this agreement. Very truly yours. Thomas J. Hill . TJR/cpc cc: J. A. Weismantle (2) Internal Auditf . V LERO File . l Purchasing Department - i t l l
40NFORMED COP 2( This Agreement made as of the First day of January 19 Bf, by and .- between Long'Is' land Lighting Company, a New York Corporation having
~
its principal place of business at 250 Old Country Road,'Mineola, New York. (" Comp any") ; and Bruno Bus Service, Inc. , a New York at
. Corporation, having its principal place of business 316 Smithtown Blvd.
I Lake Ronkonkoma, New York 11779 (" Contractor"). Witnesseth: The Company hereby retains the Contractor to furnish the SCOPE required unmanned and/or manned vehicles as set forth in Schedule "A" which is attached hereto and forms a part hereof, on an "as available" basis for the Company's Local Emergency Response Plan for the Shoreham Nuclear Power Station. To support said plan, the Contractor agrees, promptly after notification of a drill, exercise, or emergency, to make available all requisitioned vehicles and personnel (if required), for the Company's use, and will supply fuel, keys, certificates of registration, license plates, tags, etc., so that the I vehicles can be placed in use promptly by the Company's authorized personnel. All vehicles supplied by the l 1
g i SCOPE Contractor will be in good operational condition and (Cont'd.) safe and fit for use, and any drivers thereof will be f duly licensed as customarily required by the Contractor.
~
In consideration of the Contractor's agreement and consent as set forth above, the following shall govern all work and service to be furnished hereunder: UNMANNED For the furnishing of unmanned vehicles for drills, VEHICLES exercises, and emergencies, the Company will take possession, and acknowledge receipt of vehicles at the Contractor's bus storage yard at the time of requisition. The Company will return the vehicles at the conclusion of its use to the Contractor's bus storage yard. A receipt and survey form for any requisitioncd vehicles shall be filled out and completed by the Company and Contractor prior to vehicle furnishing and upon vehicle return. The vehicles furnished shall be in good, safe, operational condition and will be utilized only in the l l same manner and for the same purpose as is performed in the Contractor's normal mode of business. The vehicles
~
b 2
, . l l UNMANNED will be returned in the same condition, reasonable ,- l
- sea'r and tear excepted. Upon its return, all VERICLES ,
I (Cont'd.) vehicles shall be checked and inspected by the driver l ( and by representatives of both the Company and i Contractor, noting deficiencies and damages, if any. C1'ains for deficiencies and/or damages will not be considered beyond those noted at time of vehicle return. , All vehicles will be fueled and completely checked prior to departure and refueled and completely checked upon return. The Company will designate and suthorize as drivers of requisitioned vehicles only those persons who hold valid New York State licenses lawfully permitting them to drive l the particular requisitioned vehicles and who have received Emergency Prep & redness Training. The Company will secure, update on an annual basis and maintain on file for the Contractor's review, New York State driver's ! license abstracts of all drivers assigned to this program. The Company will submit to the Contractor on or before sixty (60) days after contract execution, a record of all drivers assigned to this program listing the class of license, license number and expiration date of license. I 3
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YERICLE The vehicles shall be furnished for a minimum lease LIMITATION *per~iod of four (4) hours. , MAKdJD . Supplementing all of the aforementioned terms and VERICLES conditions, in the event the Contractor furnishes manned
. vehicles, the vehicles and drivers will be utilized only 1
in the same manner and for the same purpose as is performed in the Contractor's normal mode of business. Contractor's drivers shall have received Emergency Preparedness Training prior to vehicle operation. This training shall be at the Company's expense and at a mutually agreed upon time and place. ANNUAL The Company shall pay the Contractor annually for a RETAINER five (5) year period a retainer to reimburse the PRICE Contractor for its administrative costs involved in this agreement, f or providing 30 Buses 6 $ / year / bus, and for providing 0 Vans 0 $ / year / van, all subject, however, to the prior rights of the local school districts under contracts with the Contractor, in the unlikely event of an accident at the Shoreham Nuclear Power Station. 4
i - PRICE For use of all manned and/or unmanned vehicles
- BASIS Isrn'ished hereunder, the Company shall pay the Contractor the service rates as specified in Schedule "A", which is attached hereto and forms a part hereof.
For use of manned vehicles straight-time service rates l will be based upon the normal work day, Monday through Friday. Overtime will consist of time worked in excess of the normal work day or time worked on Saturdays, Sundays and Bolidays. Bolidays will be those customarily observed by the Contractor. For Emergency Preparedness Training, the Company shall p2y the Contractor the driver's straight time hourly rates, which includes the base hourly rate, contractual benefits and statutory costs, plus an Administrative Adder of 10%. Contractor shall supply certified payrolls with the invoice.
'For refueling of vehicles, the Company shall pay the Contractor for fuel, invoiced at cost plus a 10% adder.
9 0 5
. . , , , - . , , - , , , _ , . - _ . . , _ , . . . . _ ~
o 1 . e l FRICE The service rates detailed herein are subject to BASIS - adjustment, to reflect any increase resulting from (Cont'.d.) any negotiated agreements reached with Labor. Unions l representing Contractor's employees. any general rate increase to Contractor's employees, and any increase in i statutory obligations. All increases are to be supported and substantiated by documentation and calculation, and shall become effective on the date of such increase. The service rates during the normal work day shall commence when the requested manned or unmanned vehicles are available and ready for service. These rates will terminate at time of vehicle return and immediate checkout. For requests beyond the normal work day or on Saturdays. Sundays and/or Holidays, the service rates will commence at time of request and will terminate at time of vehicle return and immediate checkout. TERMS OF Terms of Fayment shall be in accordance with the FAYMENT following:
- 1) The Company shall pay Contractor's annual retainer price pro rata payments in advance on .s O
.6 e a , i.,_____ - - . - , - _ . . - . . , -
O TERMS OF quarterly basis, provided the Contractor submits
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PAYMENT
- invoice s for the following quarter mot earlier than (Cont'd.) the 1st day of the 3rd month of each quarter, detailing the type and the total number of vehicles being made available to the Company, the available vehicles under l prior commitment, the available vehicles not under prior commitment, vehicle yard location, seating capacity and identification and plate numbers. Invoices shall be paid on a net thirty (30) day basis after receipt, review and acceptance of invoices.
- 2) The Con *any shall pay Contractor's vehicles and personnel service rates on a net thirty (30) day basis, provided invoices have been received which substantiate all service details, including, but not limited to, purpose, date, bours of use, vehicle location and identification number.
COMMUNICATION At time of Contract execution, the Contractor SYSTEM shall make available to the Company a continuous, twenty-four (24) hour telephone service for the purpose of contacting the Contractor in'the event of an emergency. This service shall consist of, but aball not be limited to, the telephons numbers and l l l 7
COMMUNICATION personnel to contact at the Contractor's facility. SYSTEM
~~ ~
and the names and home telephone numbers of at less, (Cont'd.) three (3) of the Contractor's personnel-who can respond to notification at the times the Contractor's facility may be closed. RESPONSE The Company will advise Contractor approximately NOTIFICATION seventy-two (72) hours prior to requisition for training, drills and/or exercises, and approximately fifteen (15) minutes for an actual emergency, at which times Contractor will determine and assign for the Company's immediate use thore available vehicles not already committed under any prior Contracts. Vehicles under contract with the local school districts and not immediately available for the Company's use shall complete the work associated with the contract, and shall return promptly to the Contractor's bus storage yard. At time of vehicle return, the Contractor shall notify the Company's authorized representative and make available the required requisitioned vehicles. The Contractor shall not be penalized by retainer price reduction in the event the Company's requisition coincides with the time when all vehicles are under' prior commitment provided the Contractor has submitted the required 8
RESPONSE
vehicle data as set forth in the Terms of Payment NOTIFICATION-
- provision. .
(Cont'd.) IN5'URANCE During the period of Company's use of the vehicles or personnel or both, the Company shall be solely responsible for all negligent acts or omissions, and will defend, indemnify and hold Contractor harmless from and assinst all loss, damage (whether to Contractor's vehicles or otherwise), and for bodily l injury or death, including all claims for Workmen's Compensation for employees, arising out of or in any way connected with all negligent use of the vehicles pursuant to this agreement. The Company hereby agrees to maintain, for the entire period of use of the vehiclee or personnel or both, insurance coverage (including self-insurance) in accordance with the requirements established in the Certificates of Insurance which are attached hereto and form a part hereof, in an aggregate snount l sufficient to meet all obligations under the Insurance coverage will preceding paragraph. commence at such time as the Contractor's vehicles are available and ready for the Company's use and will terminate when the vehicles s're returned to the Contractor. l l 9
_ . _ _ - _ . _ _ - - - - ., w ,; = a:w- , - . . - - TERMINATION At any time after one (1) year after the effective date of this Contract, the Company and Contractor each reserve the right to terminate this Contract
. . upon not less than ninety (90) days prior written notice to the other specifying the termination date.
Should the termination data not coincide with a retainer payment period, the payment shall than be apportioned between the parties on a daily basis, pro-rata to the date of termination. ASSIGNMENT OF The Contractor agrees that it shall not assign CONTRACT this Contract or any portion thereof to any person, partnership, company or corporation not satisfactory to the Company, and shall not make such an assignment until the prior written permission of the Company has been received. Any such assignment aball be void if made without the Company's prior written permission. ACCEPTANCE This agreement shall be governed by the laws of the State of New York, and shall remain in effect for the five (5) year period commencing Jumary 1,1984 and terminating at 12 o' clock mid-night IMeember 31,198& Any extension of the aforementioned period shall be mutually agreed upon and shall be expressed in a writing duly signed by both parties. 10
. _ . . . _ _ _ . _ .2.__.___;__ _ _ _ _ _ . ______.__:._.- . . . . . . _ - ..
a
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i In Witness thereof, the parties have signed this Agreement as of the day and year first above written. , Long Island Lighting ~ ' spany , By: ~ M
. . A.W.Woffo g # (
Vice President Purchasing Bruno Bus Service, Inc. By: _. / w /N cI s
- 1a - . F* Tit {e. lA/& -
/
s l 6 9 i i 11 l
^
SCHEDULE A
' School Bus and Passenser Van -
Availability and Price List (A)~ Vehicle Availability and Location l Vehicles . Description Total Available 40 Passenger School Bus 30
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15 Passenger Van - l 12 Passenger Van - 7 Passenger Van - (B) Pricing (1) Unmanned Vehicles Unit Price /Hr. 40 Passenger School Bus $ 15 Passenger Van $ 12 Passenger Van $ 7 Passenger Van $ (2) Manned Vehicles-(Straight Time Basis) Unit Price /Hr. 40 Passenger School Bus $ 15 Passenger Van $ 12 Passenger Van $ 7 Passenger Van $ (3) Manned Vehicles-(Overtime Basis) Saturday & in Excess of Sunday & Normal Day Bolidays Unit Price /Hr. Unit Price /Hr. 40 Passenger School Bus $ $ 15 Passenger Van $ $ 12 Passenger Van $ $ 7 Passenger Van $ $ 12 r- . -----. ,,- . , - - . . - -
'Aut go aDontsS of AGtMCV COMPArMS AFFORDING COVERAGES Maat r, m, h M h g the h pv Tmw4 p h @ g umw 1eork, New Ycak 10020 Aas( ANo ""$$ W MLMo
=r'B -
l Zeng T=1ma'l Lighting 4.r ='."'C - 250 and co=try mosa =r'D Wpania, ther York 11501 E
=r' E
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sS' Ttus is to -My that poeces of msws hsted tietow have timen issued to the insured named above and are m force et tnes time hotw'thstanceng any requirement. term or cono tion e of any contract or cesor document with respect to wheth trus cartrhcate may be issued or may porta n. the ensurance afforood by the pohcies desenbed here+n es sutW to all the terms. smetumons and condetsons of such poeces. l Limits of Liability in Thousands (oool N 77N7 tvrt oF eassunANCE POLICY ssuust a EAC ExpsnEno$part l UR Q l AGGetGart g GENERAL LIABILITY
, g g A O Co c t.,s,vt ,o o 552-3955 6/27/B4 O < est - irioNs ao t 1v o aGt s >
] t aPL som ANo CoLLAPst uMotRGAouho HAZARo
] PaoouCTs CoMPLitto OPER ATCNs MAIARo Dooltv mJuev ANo O con 1..CruAL su . Ct o,t.rry o aGt
]amoA 9 PRoPtpTV Couemto i
1m8 5 58 mo 0 ot,t otNr Co r Acro s O n soNAt ~u v nosom i,,x.. s AUTOMOBILE LIABILITY sooit, pouai (t ACM Pt RsoNs 3 CoWPetMtsessvt Fo*U boo,Lv INJURY I O owNto *== . N'REo E R" o AM AM s ! O 8 eon 4WNED Boostv iNJues AND PRoPERTv oAMaGt s Coutt'Nt0 EXCESS Lit.BILITY OooitystaxavaNo O u . tetA re - o,t.1voA..Gt 3 i O or tar *No attti Co..mto
,o WORKERS'COMPENS ATION giary7opy and
. . . <. .or v shPf eon of oPERAf sons 40CAfioNs/VtHeCLts ILCO-Local Ernergency Response Organization services to be provided: to make vr.ilable buses and vans (and possibly drivers and masntenance personnel) as sacribed in a contractual agreement effective January 1, 1984.
C ncellation: Should any of tr.e above described policies be cancelled before the expiration date thereof, the issuing com-2 pany will endeavor to mail .10 days written notice to the below named certificate holder. but failure to inait such notice shallimpose no obligation or liability of any kind upon the company. Naut a,e Acoatss or Ct=rircart sotota cart issuto January 11, 1984 Bruno Bus service, Inc. 316 smithtown Blvd. Lake Ronkonkoma, N.Y. 11779 .
/ auTwonizto tst/t fiet 25(1 79)
ASSOCIATED ELECTRIC & GAS INSURANCE SERVICES LIMITED Ham!Ison, Bermuda
, CERTIFICATE OF INSURANCE . .
The undersigned hereby certify that the following described insurance is in force at this date with - Associated Electric & Gas Insurance Services Limited. i NAME OF INSURED: L)ng Island Lighting Company PRINCIPAL ADDRESS: 250 old Country Road Mineola, New York 11501 POLICY NUMBER: 040 ,y POLICY PERIOD: FROM: January 1,1984 'IO: Continuous until cancelled LIMIT OF LIABILITY: $1S million, each occurrence excess of and participating with any other valid and collectible insurance. DESCRIPTION OF COVERAGE: Bodily injury, property ^ damage, personal injury, contractual liatility. This document is furnished to you as a matter of information only.'The issuance of this document does n:t make the person or organization to whom it is issued an additional assured, por does it modify in any manner the contracts of insurance between the Insured and the Insurers. Any amendment, change or ext:nsi:n of such contracts can only be effected by specific endorsement attached thereto. Should the above mentioned contract ofinsurance be cancelled, assigned or changed during the above named policy period in such manner as to affect this document, we will endeavour to give notice to the holder cf this document. - DATE. January 11, 1984 ISSUED M- Bruno Bus Service, Inc. - ADDRESS. 316 Smithtown Blvd. Lake Ronkonkoma,-N.Y. 11779 AEGIS INSURANCE SERVICES, INC. E: f At Jersey City, New Jersey acl-sensiunawam CC: - Sandra Johnson
, -- - . _ . -_..._J..-
ATTACHMENT 3
. #Z(O
. Aanv&MhM/Alf LONG ISLAND LIGHTING COM PANY 17s EAST OLD COUNTRY ROAD = H IC K SVI LLE. NEW TORK 11801 Direct Dial Number January 24, 1984 l
Coram Bus Service Inc. Mount Sinai Road Coram. NY 11727 . Attention: Ms. Shirley King
Subject:
Shoreham Nuclear Power Station Local Emergency Response Plan Gentlemen: We are enclosing herewith one (1) copy of the agreement covering your furnishing unmanned and/or manned vehicles for the subject project, which has been executed by the Long Island Lighting - Company. Purchase Order Number 368363 has been assigned to this agreement. Please note this Purchase Order Number on all invoices to be submitted in connection with this agreement. 6 Very truly yours.
/
Thomas J ill TJH/cpc cc: J. A. Weismantle (2) ! InternalAud[it LERO File Purchasing Department I l e
---e . .n .-m
HCONFORMEDEC.OP3 This Agreement made as of the First day of January 1984, by and botveen Long Island Lighting Company, a New York Corporation having
~
its principal place of businass at 250 Old Country Road, Mineola, New York; (" Company"); and Coram 3us Service Inc., a New Yerk Corporation, having its principal place of business at Mount Sinai Road, Coram, New York 11727 (" Contractor"). Witnesseth: SCOPE The Company hereby retains the Contractor to furnish the rsquired unmanned and/or manned vehicles as set forth in Schedule "A" which is attached areto and forms a part hereo f , on an as available" basis for the Company's Local Emergency Response Plan for the Shorehan Nuclear Power Station. To support said plan, the Contractor agrees, promptly after notification of a drill, exercise, or emergency, to make available all requisitioned vehicles and personnel (if required), for the Company's use, and will supply fuel, keys, certificates of registration, license plates, tags, etc., so that the vehicles can be placed in use promptly by the Company's autherized personnel. All vehicles supplied by the 1
SCOPE Contractor will be in good operational condition and (Cont'd.) safe and fit for use, and any drivers thereof will be duly licensed as customarily required by tha Contractor. l In consideration of the Contractor's agreement and consent as set forth above, the following shall govern all work and service to be furnished hereunder: UNMANNED For the furnishing of unmanned vehicles for drills, VEHICLES exercises, and emergencies, the Company will take t possession, and acknowledge receipt of vehicles at the Contractor's bus storage yard at the time of requisition. The Company will return the vehicles at the conclusion of its use to the Contractor's bus storage
- yard. A receipt and survey form for any requisitioned vehicles shall be filled out and completed by the Company
- and Contractor prior to vehicle furnishing and upon vehicle return.
The vehicles furnished shall be in good, safe, operational condition and will be utilized only in the same manner and for the same purpoce as is performed in the Contractor's normal mode of business. The vehicles 2
I UNMANNED will be returned in the same condition, reasonable VERICLIS wear and tear excepted. Upon its return, all (Cont'd.) vehicles shall be checked and inspected by the driver and by representatives of both the Company and j Contractor, noting deficiencias and damages, if any. Claims for deficiencies and/or damages will not be considered beyond those noted at time of vehicle return. All vehicles wil5 be fueled and completely checked prior to departure and refueled and completely checked upon return. , l The Company will designate and authorize as drivers of requisitioned vehicles only those persons who hold valid New York State licenses lawfully permitting them to drive the particular requisitioned vehicles and who have received Emergency Preparedness Training. The Company will secure, update on an annual basis and maintain on . file for the Contractor's review, New York State driver's license abstracts of all drivers assigned to this program. The Company will submit to the Contractor on or before sixty (60) days after contract execution, a record of all drivers assigned to this program listing the class of license, license number and expiration date of license. 3
t , I VEHICLE The vehicles shall be furnished for a minimum lease LIMITATION period of four (4) hours. . MANNED , Supplementing all of the aforementioned terms and VEHICLES conditions, in the event the Contractor furnishes manned vehicles, the vehicles and drivers will be utilized only in the same manner and for the same purpose as is performed in the Contractor's normal mode of business. Contractor's drivers shall have received Emergency Preparedness Training prior to vehicle operation. This training shall be at the Company's expense and at a mutually agreed upon time and place. ANNUAL The Company shall pay the Contractor annually for a _ RETAINER five (5) year period a retainer to reimburse the PRICE Contractor for its administrative costs involved in this agreement, for providing 66 Buses 9 $ / year / bus, and for providing 0 Vans G$ / year / van, all subject, however, to the prior rights of the local school districts under contracts with the Contractor, in the unlikely event of an accident at the Shoreham Nuclear l Power Station. 4 e, . . , , - . , - - - - -
i PRICE For use of all manned and/or unmanned vehicles BASIS furnished hereunder, the Company shall pay the (Cont'd.) Contractor the service rates as specified in Schedule l
"A", which is attached hereto and forms a part hereof. ,
1 For use of manned vehicles straight-time service rates ! will be based upoe the normal work day, Monday through Friday. Overtime will consist of time worked in excess of the normal work day or time worked on Saturdays, Sundays and Bolidays. Holidays will be those customarily observed by the Contractor. For Emergency Preparedness Training, the Company shall pay the Contractor the driver's straight time hourly rates, which includes the base hourly rate, contractual benefits and statutory costs, plus an Administrative Adder of 10%. Contractor shall supply certified payrolls with the invoice. For refueling of vehicles, the Company shall pay the Contractor for fuel, invoiced at cost.plus a 10% adder. I I 5
PRICE The service rates detailed herein are subject to BASIS adjustment, to reflect any increase resulting from (Cont'd.) any negotiated agreements reached with Labor Unions representing Contractor's employees, any general rate increase to Contractor's ' employees, and any increase in statutory obligations. All increases are to be supported and substantiated by documentation and calculation, and shall become effective on the date of such increase. The service rates during the normal work day shall commence when the requested manned or unmanned vehicles are available and ready for service. These rates will terminate at time of vehicle return and immediate checkout. For requests beyond the normal work day or on Saturdays, Sundays and/or Holidays, the service rates will commence at time of request and will terminate at time of vehicle return and immediate checkout. l TERMS OF Terms of Payment shall be in accordance with the PAYMENT following:
- 1) The Company shall pay Contractor's annual retainer price pro rata payments in advance on a 6
l 1 TERMS OF quarterly basis, provided the Contractor submits PAYMENT invoices for the following quarter not earlier than (Cont'd.) the let day of the 3rd month of each quarter, detailing
- the type and the total number of vehicles being made available to the Company, the available vehicles under
' i prior commitment, the available vehicles not under prior commitment, vehicle yard location, seating capacity and identification and plate numbers. Invoices shall be paid on a not thirr.y (30) day basis after receipt, review and acceptance of invoices. i
- 2) The Company shall pay Contractor's vehicles and personnel service rates on a net thirty (30) day basis, provided invoices have been received which substantiate all service details, including, but not limited to, purpose, date, hours of use, vehicle location and identification number.
COMMUNICATION At time of Contract execution, the Contractor SYSTEM shall make available to the Company a continuous, twenty-four (24) hour telephone service for the ! t I purpose of contacting the Contractor in thi event of l an emergency. This service shall consist of, but I shall not be limited to, the telephone numbers and 1 l 7 !
~
1 COMMUNICATION personnel to contact at the Contractor's facility, SYSTEM and the names and home telephone numbers of at least i (Cont'd.) three (3) of the Contractor's personnel who can respond to notification at the times the Contractor's facility may be closed. i RESPONSE The Company will advise Contractor approximately NOTIFICATION seventy-two (72) hours prior to requisition for
- training, drills and/or exercises, and approximately fifteen (15) minutes'for an actual emergency, at which times Contractor will determine and assign for the Company's immediate use those available vehicles not already committed under any prior Contracts.
Vehicles under contract with the local school districts and not immediately available for the Company's use shall complete the work associated with the contract, and shall return promptly to the l l Contractor's bus storage yard. At time of vehicle 1 return, the Contractor shall notify the Company's authorized representative and make available the required requisitioned vehicles. The Contractor shall not be penalized by retainer price reduction in the event the Company's requisition coincides with the time when all vehicles are under prior commitment provided the contractor has submitted the required 8
RESPONSE vebicle data as set forth in the Terms of Payment NOTIFICATION provision. (Cont'd.) l INSURANCE During the period of Company's use of the vehicles or personnel or both, the Company shall be solely . responsible for all negligent acts or omissions, and 4 will defend, indemnify and hold Contractor harmless from and against all loss, damage (whether to Contractor's vehicles or otherwise), and for bodily injury or death, including all claims for Workmen's Compensation for employees, arising out of or in any way connected with all negligent use of the vehicles pursuant to this agreement. _ The Company hereby agrees to maintain, for the entire period of use of the vehicles or personnel or both, insurauce coverage (including self-insurance) in accordance with the requirements established in the Certificates of Insurance which are attached hereto and form a part hereof, in an aggregate amount I sufficient to meet all obligations unde,r the preceding paragraph. Insurance coverage will l commence at such time as the Contract'or's vehicles are available and ready for the Company's use and will terminate when the vehicles are returned to the Contractor. 9
*~
l . l TERMINATION At any time after one (1) year after the effective l date of this Contract, the Company and Contractor each reserve the right to terminate this Contract upon not less than ninety (90) days prior written notice to the other specifying the termination date. l Should the termination date not coincide with a l ' retainer payment period, the payment shall than be apportioned between the parties on a daily basis, pro-rata to the date of termination. ASSIGNMENT OF The Contractor agrees that it shall not assign CONTRACT this Contract or any portion thereof to any person, partnership, company or corporation not satisfactory to the Company, and shall not make such an assignment until the prior written permission of the Company has been received. Any such assignment shall be void if made without the Company's prior written permission. ACCEPTANCE This agreement shall be governed by the laws of the State of New York, and shall remain in effect for the ; five (5) year period commencing January 1, 1984 and terminating at 12 o' clock mid-night December 31 I I 1988. Any extension of the aforementioned period shall be mutually agreed upon and shall be expressed I ! in a writing duly signed by both parties. 10 l
a . e l In Witness thereof, the parties have signed this Agreement as of the doy and year first above written. Company
. Long Island Liq By: 2). ) (
~ A.W.Wo"for'd Vice President Purchasing Coram, Bus Service Inc.
By: wI , Y
Title:
A, I O 11
SCHEDULE A School Bus and Passenger Van
~
Availability and Price List l ! l l (A) - Vehicle Availability and Location t Vehicles Description ,, Total Available 40 Passenger School Bus 66 15 Passenger Van - 12 Passenger Van - 7 Passenger van __ (B) Pricing (1) Unmanned Vehicles Unit Price /Br. 40 Passenger School Bus $ i 15 Passenger Van $
- 12 Passenger Van $
7 Passenger Van $ (2) Manned Vehicles-(Straight Time Basis) Unit Price /Hr. 40 Passenger School Bus $ 15 Passenger Van 12 Passenger Van $ 7 Passenger Van $ (3) Manned Vehicles-(Overtime Basis) Saturday & in Excess of Sunday & Normal Day Holidaya Unit Price /Hr. Unit Price /Hr 40 Passenger School Bus $ $ 15 Passenger Van $ $ 12 Passenger Van $ $ 7 Passenger Van $ , e 12
MME AMO ADORES 1 of AGtNCY .
, COMPANIES AFFORDING COVERAGES 1221 Avenue of the Ameri m
-New York, New York 10020 ca~" A MWton Insurana m.
tenta enat er40 ADDIEJE tr ML".D f!'n"t'"' B i im'~'C
~ Eseg Island Lighting company 250 eld Country Road ct,,,,,,,,
tent. D - Mineola, New York 11501 rh.s i.ts_;, eiei-If anysacfusaans arms. contract andor e,s m s hse .een.su other document condetions wrth of such pokeses. EME
.ih. nso,.o ne,ne e e en e,s.n io,. sun,s o,ne respect to which IMes certrftete rney tie assued or may perteen theesenbed
. i ensurance l
efforced by the pohc es d.w.em hereen as subject to all the
$"R' Tvrt or sN$uRANCE PotsCY fouse0ER l L6mits of Liabihty in Thousands (ooo) E ggpinhaDNDATt l I E Um C AGGatGAit GENERAL LIABILITY g co.,,tNtosut 552-3955 , ,
,o,,,
~~ 6/27/84 0 t rsts-RArioNs
O <= 'tNag Aao co'tAast - o trivDA..ct i i uMD(NGRoV8M HA2ARD 0 aaoouc'$co-O tt'so O co PtRAf 1 .croAttons MA2ARD rsu ANCc pODatt mWRf ANO
,ao c o .oA .Gt
] amo F Pseoptriv cow 8htD si,ooo i5,ooo.
NeDtPEND(NT CONTRACTORS PERSONAt mWRY PtRSON At INNRY I AUTOMOBILE LIABILITY O co tNthsut ,0.- g'y",/3 Ue,v , opastD ,.ogtgy,,, i
] PRoPt RT v DAM AGE S f
NoscowNED 900ltY INJURV AND PeoptatvDauaGt I EXCESS LIABILITY Cowe'NED OueatotAroa-P o.rpr, DA Act i $ 0 oTNtnTNAN uessattLA Foau cowssNtD WORKER $* COMPENSATION and gyayyyo,, EEPLOY""' IABILITY _
- Dt ,e. .rencee.
AsPTso8e of OrtstAlloN540CAfionsNENst,Lt5
.ILCD-Local Emergency Response Organization services to be provided: to make rvailable buses and vens (and possibly drivers and ==intenance personnel) as laceribed in a contractual agreement effective January 1,1984.
Canceuseon: Should any of the above des ri pony will endeavor to mail d polectes be cancelled before the expiration date thereof, the assuing com-
- days written notice to the below named certificate holder, but failure to mail such notice shallimpose no obligation or liability of any kind upon the company, anAnst Ape ADORESS Or CERTIFsCAf f MotDER Opraat Bus Service, Ins. oAft asuta .7annan 1. 1984 128 Mount aimal Road .
corem, N.Y. 11727 I AurgtD ntPatstmarut 25(1 79) ,
-_ - - - - - - - - - - - --~
1 r '. \s ASSOCIATED ELECI'RIC & GAS INSURANCE SERVICES LIMITED Hamilton, Bernanda ! CERTIFICATE OF INSURANCE - The undersigned hereby certify that the following described insurance is in force at this date with Associated, Electric & Gas Insurance Services Limited. NAME OF INSURED: Long Island Lighting Company PRINCIPAL AD' DRESS: 250 Old Country Road Mineola, New York 11501 POLICY NUMBER: 040 POLICY PERIOD: FROM: January 1,1984 'IO: Continuous until cancelled. LIMIT OF LIABILITY: $15 million, each occurrence excess of and participating with any other valid and collectible insurance. DESCRIPTION OF COVERAGE: Bodily injury, property damage, personal injury contractual liability. This document is furnished to you as a matter of information only. The issuance of this document does n:t make the person or organization to whom it is issued an additional assured, nor does it modify in any manner the contracts of insurance between the Insured and the Insurers. Any amendment, change or extensi:n of such contracts can only be eifected by specific endorsement attached thereto. Should the above mendoned contract ofinsurance be cancelled, assigned or changed during the above named policy period in such manner as to affect this document, we will endeavour to give notice to the holder cf this document. DATE: #*""*U 3' I?O4 * ' ISSUED 'IO: Coram Bus Serv ice, Inc.
- ADDRESS 128 Mount Sinai Road, Coram, N.Y. 11727 AEGIS INSURANCE SERVICES, INC.
- At Jersey City, NewJersey
.e ATTACHMENT 4 p--- f ,fg(O_ , LONG ISLAND LIGHTING COM PANY L._ _ _ s7s EAST OLD COUNTRY ROAD = H IC K S VI LLE, NEW YORK 11601 Direct Dial Number - January 23, 1984 Educational Bus Transportation. Inc. . Court Street Copiague, NY 11726 Attention: Mr. Warren Gumbs, Vice President
Subject:
Shoreham Nuclear Power Station Local Emergency Response Plan Gentlemen: We are enclosing herewith one (1) copy of the agreement covering your furnishing unmanned and/or manned vehicles for the subj ec t project, which has been executed by the Long Island Lighting Co.mpany. Purchase Order Number 368364 has been assigned to this agreement. Please note this Purchase Order Number on all invoices to be submitted in connection with this agreement. Very truly yours,
-r Thomas J. ill TJH/das cc: J. A. Weismantle (2)
- Internal Audp ,
LERO File V Purchasing Department- ,
=
m ,h e . s>., s .g_- 9 o- rav -~-
~
( . TCONFORMED COPY . This Agreement made as of,.the first day of January 1984, by and botween Long Island Lighting Company, a New York Corporation having its principal place of business at 250 Old Country Road, Mineola, New York (" Company"); and Educational Bus Transportation Inc. , a New York Corporation, having its principal place of business at Court St., Copiague, New York 11726 (" Contractor"). Witnesseth: SCOPE The Company hereby retains the Contractor to furnish the required unmanned and/or manned vehicles as set forth in Schedule "A" which is attached hereto and forms a part hereof, on an "as available" basis for the Company's Local Emergency Response Plan for the Shoreham Nuclear Power Station. To support said plan, the Contractor agrees, promptly after notification of a drill, exercise, or emergency, to make available all requisitioned vehicles and personnel (if required), for the Company's - use, and will supply fuel, keys, certificates of registration, license plates, tags, etc., so that the vehicles can be placed in use promptly by the company's authorized personnel. 'All vehicles supplied by the
~
e
. 1
SCOPE Contractor wil'i be in good operational condition and (Cont'd'.) saf'e and fit for use, and any drivers thereof will be . duly licensed as customarily required by the Contractor.
~
In consideration of the Contractor's agreement and
, c on s e'n t pa s set forth above, the following shall govern all work and service to be furnished hereunder:
UNMANNED For the furnishing of unmanned vehicles for drills, VEHICLES exercises, and amergencies, the Company will take possession, and acknowledge receipt of vehicles at the Contractor's bus storage yard at the time of requisition. The Company will return the vehicles at the conclusion of its use to the Contractor's bus storage yard. A receipt and survey form for any requisitioned vehicles shall be filled out and completed by the Company and Contractor prior.co vehicle furnishing and upon vehicle return. The vehicles furnished shall be in good, safe, operational condition and will be utilized only,in the same manner and for the same purpose as is performed in the Contractor's normal mode of business. The vehicles 4 2
l UNMANNED will be returned in the same condition, reasonable VEHICLES wear and tear excepted. Upon its return, all , (Cont'd.) vehicles shall be checked and inspected by the driver and by representatives of both the Company and Contractor, noting deficiencies and damages, if any. Claims for deficiencies and/or damages will not be considered beyond those noted at time of vehicle return. All vehicles will be fueled and completely checked prior
~
to departure and refueled and completely checked upon return. The Company will designate and authorize as drivers of requisitioned vehicles only those persons who hold valid
. New York State licenses lawfully permitting them to drive the particular requisitioned vehicles and who have received Emergency Preparedness Training. The Company will secure, update on an annual basis and maintain on file for the Contractor's review,'New York State driver's license abstracts of all drivers assigned to this program. The Company will submit to the Contractor on or before sixty (60) days after contract execution, a record of all drivers assigne,d to this program listing the class of lice,nse, license number and expiration date of license.
. 3
VEHICLE The vehicles shall be furnished for a minimum lease LIMITATION period of four (4) hones. - I l l MANNED Supplementing all of the aforementioned terms and YEHICLES conditions, in the event the Contractor furnishes manned vehicles, the vehicles and drivers will be utilized only in the same manner and for the same purpose as is performed in the Contractor's normal mode of business. Contractor's drivers shall have~ received Emergency Preparedness Training prior to vehicle operation. This training shall be at the Company's expense and at a
, mutually agreed upon time and place.
AN,NUAL The Company shall pay the Contractor annually for a RETAINER five (5) year period a retainer to reimburse the PRICE Contractor for its administrative costs involved in this agreement, for providing 100 Buses G $ / year / bus, and for providing 0 Vans G$ / year / van,_ all subject,
~
^ however, to the prior rights of the local school districts under contracts with the. Contractor, in the unlikely event of an' accident at the Shoreham Nuclear Power Station. .
e 4 l l 4
, ---v-- -
PRICE For use of all sanned and/or unmanned vehicles
~
BASIS fornished hereunder, the Company shall pay the Contractor the service rates as specified in Schedule "A", which is attached hereto and forms a part hereof. For use of manned vehicles straight-time service rates will be based upon the normal work day, Monday through Friday. Overtime wil.1 consist of time worked in excess of the normal work day or time worked on Saturdays, Sundays l and Bolidays. Holidays will be those customarily observed by the Contractor. For Emergency Preparedness Training, the Company shall pay the Contractor the driver's straight time hourly rates, which includes the base hourly rate, contractual benefits and statutory costs, plus an Administrative Adder of 10%. Contractor shall supply certified payrolls with the invoice. For refueling of vehicles, the Company shall pay the Contractor for fuel, invoiced at cost plus a 10% adder.
~
5
PRICE The service rat.as detailed herein are subject to BASIS ~&dj'ustment, to reflect any increase resulting from (Cont'd.) any magotiated agreements reached with Labor Unions
. representing Contractor's employees, any general rate
~
- increase to Contractor's employees, and any increase in statutory obligations. All increases are to be supported and substantiated by documentation and calculation, and shall become effective on the date of such increase.
The service rates during the normal work day shall i commence when the requested manned or unmanned vehicles are available and ready for service. These rates will terminate at time of vehicle return and immediate checkout. For requests beyond the normal work day or on Saturdays, Sundays and/or Boli, days, the service rates will commence at time of request and will terminate at time of vehicle return and immediate checkout. TERMS OF , Terms of Payment shall be in ac erdance with the FAYMENT , following: .
- 1) The Company shall pay Contractor's annual retainer price pro rata payments in s'dvance on a 4
6
. l
l l TERMS OF quarterly basis, provided the Contractor submits PAYMENT 'inv'oices for the following quarter not earlier than (Cont'd.') the 1st day of the 3rd month of each quarter, detailing the type and the total number of vehicles being made available to the Company, the available vehicles under l l ' prior commitment, the available vehicles not under prior i commitment, vehicle yard location, seating capacity and identification and plate numbers. Invoices shall be paid
~
'on a net thirty (30) day basis after receipt, review and acceptance of invoices.
- 2) The Company shall pay Contractor's vehicles and personnel service rates on a net thirty (30) day basis, provided invoices have been received which substantiate all service details, including, but not limited to, purpose, date, hours of use, vehicle
. location and identification number.
. . , + . - '
' COMMUNICATION At time of Contract execution, the Contractor SYSTEM shall make available to the Company a continuous, twenty-four (24) hour telephone service for the purpose of contacting the Contractor in.the event of an emergency. This service shall consist of, but shall not be limited to, the telephone numbers and 7
1 I
.__ -. _ =_ _
, . . _ . . . - . . . .- _ . ~ .
~.
COMMUNICATION personnel,g.o contact at the Contractor's facility, *
. )
- and the names and home telephone numbers of at least
~*
SYSTEM ( C o n t ' d . ') three (3) of the Contractor's personnel who can respond to notification at the times the Contractor's facility may be closed. RESPONSE The Company wil'1 advise Contractor approximately. NOTIFICATION seventy-two (72) hours prior to requisition for training, drills and/or exercises, and approximately fifteen (15) minutes for an actual emergency, at which times Contractor will determine and assign for the Company's immediate use those available vehicles not already committed under any prior Contracts. Vehicles under contract with the local school districts and not immediately available for the t l Company's use shall complete the work associated with
- the contract, and shall return promptly to the Contractor's bus storage yard. At time of vehicle
, . .. ~
I - . return, the Contractor's'hal1 motify the Company's
~
authorized representative and make available the required requisitioned vehicles. The Contractor shall not be penalized by retainer price reduction in the event the Company's requ'isition coincides with the time when all vehicles are under prior commitment , l provided the Contractor has submitted the required l I 8
~~
o. l NESPONSE vehicle da,ts as set forth in the Terms of Payment NOTIFICATION provision. ' (Cont'd;)
. INSURANCE - During the period of Company's use of the vehicles or personnel or both, th'e Company shall be solely responsible for all negligent acts or omiss' ions, and I . will defend, indemnify and hold contractor harmless from and against all loss, damage (whether to
~
Contractor's vehicles or otherwise), and for bodily injury or death, including all claims for Workmen's Compensation for employees, arising out of or in any way connected with all negligent use of the vehicles pursuant to this agreement. The Company hereby' agrees to maintain, for the entire period of use of the' vehicles or personnel or both, insurance coverage (including self-insurance) in ,
~_
, 'accordance with the requirements established in the Certificates of Insurance which are attached hereto
-and form a part hereof, in an aggregate amount sufficient to meet all obligations unde,r the
- preceding paragraph. kasura'nce coverage will commence at such time as the Contract'or's vehicles are available and ready for the Company's use and will terminate when the vehicles are returned to the t
( Contractor. . l l 9
TERMINATION At any time after one (1) year after the effective date of this Contract, the Company and Contractor
. each reserve the right to terminate this Contract , l upon not less than ninety (90) days prior written notice to the other specifying the termination date, Should the termination date not coincide with a retainer payment period. the payment shall than be apportioned between the parties on a daily basis, pro-rata to the date of termination.
ASSIGNMENT OF The Contractor agrees that it shall not assign CONTRACT this Contract or any portion thereof to any person, partnership, company or corporation not satisfactory to the Company, and shall not make such an assignment until the prior written permission of the Company has been received. Any such assignment shall be void if made without the Company's prior written permission. I l ACCEPTANCE This agreement shall be governed by the laws of the State of New York, and shall remain in effect for the five (5) year period commencing January 1, 1984 and terminating at 12 o' clock mid-night December 31, 1988. Any extension of the. aforementioned period shall be mutually agreed upon and shall be expressed in a writing duly signed by both parties.
'10 '
i I
In Witness thereof, the parties have signed this Agreement as of the doy and year first above written. Long Island Lightin Company 4./. W By:
- A.W.Woffsr8
) Vice President
% Purchasing 5
g\ 9 ' f Y' (Y rdue tional aus transportation IDC. By: b Ausu
Title:
,/ /4
,-(,
^
a
- o '
e a p. g O e e e e =' 4 6 0 11
SCHEDULE A , School Bus and Passenger Van Availability and Price List (A) Vehicle Availability and Location Vehicles l '" ' Description - Totc1 Available - 40 Passenger School Bus . 100 15 Passenger Van - 12 Passenger Van - ( 7 Passenger Van - l (B) Pricing (1) Unmanned Vehicles Unit Price /Hr. 40 Passenger School Bus $ i 15 Passenger Van $ 12 Passenger Van $ 7 Passenger Van $ (2) Manned Vehicles-(Straight Time Basis) Unit Price /Hr. 40 Passenger School Bus $ 15 Passenger Van $ 12 Passenger Van $ 7 Passenger Van $ (3) Manned Vehicles-(Overtime Basis) Saturday 8'in . Excess of Sunday & Moraal Day Holidays
. Unit Price /Hr. Unit Price /Br
.' f: ' '
'. 40 Passenger School Bus $ $ -
15 Passenger Van , 12 Passenger Van '
~
7 Passenger van $ $ e a 4 e i 0 12 , s s 3
- + . - * ,
y -
.< .....m.,z....
gor-. 4. m . m:.,u ..:.m .z.,- o . m . u.o. n e.. .
- 2. . m . m . . . :_ m . .. . ..
- c. .o m- . m.: .: . . . - . . : . . . , , . . , , . . . . _ _-- .,
3 AND ADontSS of AGINCY
.- COMPANIES AFFORDING COVERAGES March'fr McLennan, Incorporated 1221 Avenue of the Americas 3;'."' A Lexington Insurance Co.
10020 N;;w York, Now York ' n
- LETTER D 3 Ns0 ADORESS OF,mSURED ,
COMPANY - teTTc4 Long Island Ligidting Company - J 250 Old Country Roaa =;D Minsola, New York 11501 ' COMPANY
. 7 : .b ? . .~. LtTTER i Dit ti certzfy that pohoes of msurance kstad betow have been issued to the ensured named atiove and are en force et this time. teotwithstandmg any requirement. term r,r condition i any contract or other document with respect to which this certificate may be assued or may pertain. the insurance efforded by the pohcies desenbed herein is subsect to an the l Ro, rzclusaons and tendrtions of such polecies. )
'" ~
Limits of Liabilityin Thousands (000) E i l',fPEkWm5uRANCE '. ,*
- POLCV NUMBER ggp,q og gy g,,,,, -c.-**' _ ggggggggg, GENERAL LIABILITY ,_ .<--.. - -- .
sooity m;uRv s- S C ; G ',52 ,oRM 552-3955 , 6/27/84 l PRIMrsts-0Ptn Ta0NS .
- PROPERTY DAMact $
~
- l' "' EXPLO5sDN AND CoLLAP5E 1 uAwe .
A D i qtRcRouND sA1ARo l PRooIEi'skDuPr*TEo OPERATIONS MAZARO gcD,Ly p,Jr.py ANO l i coNTRacTuAt =5uRANet sRoAo roRw PRoPterv N'.
- 4 PaoPtRivDAuAct cousiNto i 1,00e s5,000 l .* ,
l DAMAGE INotPCMDENT CONTRACTORS PER5oNAL =AJRY . PERSONAL INJyRy 5 l AUTOMOBILE LIABILITY eOD'Lv INJURY (taCHPERSONp I i O co PRtNENS,,t ,0 o soo,t, ,N ,, s , OWNED
"# D S
HIRED .. *. ' 900'LY INJURY AND NONCWNED PNOPERTY DAM AGt I I COW 9tNED --
- EACESS LIABILITY .
O u RtLtA voR- .
. PRoPtRTv DA >ct 5 5 v oTHER THAN UW8 AcLLA .
, .. COMRiNED
, ronu, '- .
WORKER $' COMPENSATION STATUTORY E"' ' MMM %'0 1 f,'t%' .y.nd v . iiiploiEitSilA8 dTY ' c:s: m' +. b .
. 4
;? '
.'4 7A*
- ' Z' 8 '~
u,..$b iv,
,i ..... :c - - -
40THER ,- - ,- . . a...-
.. f. , 'AQ>M?...Q;.
i ,,.
- 3. ,.- . _ . {.f.~:. .w. .
son GF OPERATION 5/LOCATsoN5NEMICLES . , , LILCO-Local Emargency Response Organization services to be provided: to make availcble buses and vans (and possibly . drivers and maintenancie personnel) as , described in a contractual agreement effective January 1, 1984. Crncellition: Should any of the above described policies be cancelled before the expiration date,thereof, the issuing com- p
- pony will endeavor to mail 40_ days written notice to the below named certificate holder, but failure to -
mail such notice shallimpose no obligation or liability of any kind upon the company. I. . [ NAME AND ADDRESS OF CERTIFCATE HOLOtR - oAft ,55uta January 1, 1984 Educational Bus Transportation, Inc. O r - l .[A.
, , . Court Street .
l ' "'I ~ ' ' Copiague, New York '11726
. . . . . ,y,,,( g ,,,,,, ,,,,,,,,
25(1 79)
.*.~ 4 ASSOCIATED ELECTRIC & GAS INSURANCE SERVICES LIMITED Hamilton, Bermuda l CERfIFICATE OF INSURANCE ,
The undersigned hereby certify that the following described insurance is in force at this date with l ' Associated Electric & Gas Insurance Services Ilmited. i . , NAME OF INSURED: Long Island Lighting Company PRINCIPAL AD' DRESS: 250 old Country Road -
.Mineola, New York 11501 ,
POLICY NUMBER: , 040 POLICY PERIOD: FROM: January 1,1984 TO: Continuous until cancelled. LIMIT OF LIABILITY: $15 million, cach occurrence exciss of and participating with any other valid and collectible" insurance. DESCRIPTION OF COVERAGE: sBodily injury, property dnmage, personal injury contractual liability.
> 5 I
~
.. k This document is furnished to you as a matter of information only. The issuance of this document '
does not make the person or organization to whom it is issued an additional assured, nor does it modify in cny manner the contracts of insurance between the Insured and the Insurers. Any amendment, change or
- extt:nsion of such contracts can only be effected by specific endorsement attached thereto.
Should the above mentiened contract ofinsurance be cancelled, assigned or changed during the above named policy period in such manner as to affect this dc,cument, we will endeavour to give notice to the holder c cf this document. r DATE: _ January 3, 1984 Educational Bus Transportation, Inc. ISSUED 'IO: Court Street, Copiagce, N.Y. 11726 _ ADDRESS-AEGIS INSURANCE SERVICES, INC.
,BY: p At J:rsey City, New Jersey M
. ATTACHMENT 5 h""* ~ E!:.
(gj @ ; LONG ISLAND LIGHTING COMPANY m .,, .wmh 175 EAST OtD COUNTRY ROAD
- H IC M SVI LLE. NEW YORK 11801
~'
~l Direct Dial Number l 1
Jcnuary 27, 1984 1 I Louis A. Fuoco Bus Service, Inc. 645 South Country Road East Patchogue, NY 11772 Attention: Mr. Louis A. Fuoco, Jr.
Subject:
Shoreham Nuclear Power Station Local Emergency Response Plan Gentlemen: We are enclosing herewith one (1) copy of the agreement covering your furnishing unmanned and/or manned vehicles for the subject project, which has been executed by the Long Island Lighting Company. Purchase Order Number 368365 has been assigned to this agreement. Please note this Purchase Order Number on all invoices to be submitted in connectian wi:.h this agreement. Very truly yours, Thomas J ill
- TJH/bd cc: J. A. Weismantle (2)
Internal Audit, j LERO File V Purchasing Department ,
J st.s . CONFORMED COPJ _. This Agreement made as of the first day of January 1984, by and between Long Island Lighting Company, aNewYorkCorborpionhaving P its principal place of business at
~ 250 Old Country Road,- Mincola. New -
York (" Company"); and Louis A. Fuoco Bus Service Inc., a New York Corporation, having its principal place of business at 645 South ~ Country Rd., East Patchogue, New York 11772 (" Contractor"). - Witnesseth: . SCOPE The Company hereby retains the Contrac or to furnish the a ,v o.t k \ d . *y a required unmanned and/or manned vehiclesfas set forth in f Schedule "A" which is attached hereto and forms a part Y ) < hereof, g on an "as available" basisAfor the Company's $ k Local Emergency Response Plan for the Shoreham Nuclear Power Station. To support said plan, the Contractor agrees, promptly after notification of a drill, exercise, or emergency, to make available all requisitioned . vehicles and personnel (if required), for the Company's use, and will supply fuel, keys, certificates of registration, license plates, tags, etc., so that the vehicles can be placed in use promptly by the Company's authorized personnel. All vehicles supplied by the
.-k Subpd +> cc.m4rodors p dor tim 5 b\ d s choo t desh u- aon+ m as. .
t 1
. - _ , _ ~ .
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o . SCOPE Centractor will be in good' operational condition and i t - (Cont ~'d.) 'saf'e and fit for use, and any drivers thdreo$ will be . duly licensed as customarily required by the Contractor. In consideration of the' Contractor's agreement and consent as set forth above, the foll'o wing shall govern all work and service to be furnished hereunder: UNHANNED For the furnishing of unmanned vehicles for drills,
, VEHICLES exercises, and emergencies, the Company will take possession, and acknowledge receipt of vehicles at the Contractor's bus storage yard at the time of requisition. The Company will return the vehicles at the conclusion of its use to the Contractor's bus storage yard. A receipt and survey form for any requisitioned ,
vehicles shall be filled out and completed by the Company and Contractor prior to vehicle furnishing and upon . vehicle return. - The vehicles furnished shall be in good, safe, operational condition and will be utilized only-in the e same manner and for the same purpose as is performed in the Contractor's normal mode of business. ,The vehicles 2 i
~ . . . . _ _ ~ ...,u.. .,
, , , , ,, 7. .. ....7........
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~
UNMANNED will be retur6ed in the same condition, reasonable VEHICLES "Wea'r and tear excepted. Upon its vetur , a1 (Cont'd.) vehicles shall be checked and inspected by the driver and by representatives of both the Company and Contractor, noting deficiencies and damages, if any.
~.
Claims for deficiencies and/or damages will not be . considered beyond those noted at time of vehicle return. All vehicles will be fueled and completely checked prior ._ to departure and refueled and completely checked upon return. The Company will designate and authorize as drivers of requisitioned vehicles caly those persons who hold valid New York' State licenses lawfully permitting them to drive the particular requisitioned vehicles and who have received Emergency Preparedness Training. The Company will secure, update on an annual basis and maintain on .
. file for the Contractor's review, New York State driver's license abstracts of all drivers assigned to'this-program. The Company will submit to the Contractor on or before sixty (60) days after cont'ract executio.n, a record of all drivers assign,ed to this program listing the class of license, license number and expiration date of license.
l l 3
VEHICLE The vehicles shall be furnished for a minimum lease -- LIMITYZION period of four (4) hours. ,{ (
?
MANNED Supplementing all of the aforementioned terms and VEHICLES conditions, in the event the Contractor furnishes manned vehicles, the vehicles and drivers will be utilized only in the same manner and for the same purpose as is performed in the Contractor's normal mode of business. Contractor's drivers shall have received Emergency Preparedness Training prior to vehicle operation. This training shall be at the Company's expense and at a mutually agreed upon time and place. ANNUAL The Company shall pay the Contractor annually for a RETAINER five (5) year period a retainer to reimburse the PRICE Contractor for its administrative costs involved in this agreement, for providing 39 Buses 9 $_ fyear/ bus, and 1 for providing 0 Vans 8 $
~
/ year / van, ;11 ::bj--*t 9)-
'.. a '- ~ ped here er. te the prier righte ef the ice 1 : hrei_ (/gO g4 eietrict: :eir ::=treet: eith the cc:erecter.Lin the unlikely event of an accident at the Shoreham Nuclear Power Station.
9 9 4
PRICE For' use of all Eanned and/or unmanned vehicles theCompanyshallpahth> ' BASIS lsrn'ished hereunder, . ? contractor the service rates as specified in Schedule hereof.
"A", which is attached hereto and forms a part service rates For use of manned vehicles straight-time
, h will be based upon the normal,vork day, Monday throug Overtime.will consist of tima worked in excess of Friday.
Sundays the normal work day or time worked on Saturdays, and Holidays. . Holidays will be those customarily observed by the Contractor. the Company shall pay
- For Emergency Preparedness Training, time hourly rates, the Contractor the driver's straight contractual benefits which includes the base hourly rate, and statutory costs, plus an Administrative Adder of 10%.
Contractor shall supply certified payrolls with the .
. invoice. ,
the Company shall pay the
.For refueling of vehicles,
- cost plus a 10% adder.
Contrac' tor for fuel, invoiced at
~'
. o l
l l l O f l
~ ..
1
~~ -
, ,s The service rates detailed herein are subject to PRICE BASIS ndfustment, to reflect any increase restd.itistsg from (Cont'd.) any negotiated agreements reached with Labor' Unions representing Contractor's employees, any general rate increase to Contractor's caployees, and any increase in statutory obligations. All increases are to be supported and substantiated by documentation and' calculation, and , shall becore effective on the date of such increase. The service rates during the normal work day shall commence when the requested manned or unmanned vehicles are available and ready for service. These rates will terminate at time of vehicle return and immediate checkout. For requests beyond the normal work day or on Saturdays. Sundays and/or Holidays, the service rates l will commence at time of request sud will terminate at time of vehicle return and immediate checkout. . 1 .
.2 .-
I ..- ,L , . . ., c , .' TERMS OF . Terms ~of Payment shall be in ace'ordance with the PAYMENT following:
- 1) The Company shall pay Contractor's annual retainer price pro rata payments in advance on a e
. 6 a . - . . - -
TERMS OF quarterly basis, provided the Contractor submits _. PAYMENT invoices for the followingquarternotiarljerthan ,
~ p (Cont'd.) the 1st day of the 3rd month of each quarter, detailing -
the typa and the total number of vehicles being made available to the Company, the available vehicles under prior commitment, the available vehicles not under prior commitment, vehicle yard location, seating capacity and identification and plate numbers. Invoices shall be paid on a net thirty (30) day basis after receipt, review and acceptance of invoices.
- 2) The Company shall pay Contractor's vehicles and personnel service rates on a net thirty (30) day basis, provided invoices have been received which substantiate all service details, including, but no limited to, pt:p:::, date, hoursofuse,vehicleh')
location and identification number. [ Y ijlk n . C -
-A=.
.(.
, COMMUNICATION At time of Contract execution, the Contractor SYSTEM sh'all make availsble to the Company a continuous,
~
twenty-four (24) hour telephone service for the purpose of contacting the Contractor in,.the event of an emergency. This service shall consist of, but shall not be limited to, the telephon'a numbers and 7
COMMUNICATION personnel .to contact at the Contractor's facility, _.
- and the names and home telephonenunper of at least SYSTEM :
(C o n't ' d . ) three (3) of the Contractor's personne1 who can E - respond to notification at the times the Contractor's facility may be closed. 1 RESPONSE The Company will advise Contractor *approximately NOTIFICATION seventy-two (72) hours prior to requisition for .. training, drills and/or exercises, and approximately-fifteen (15) minutes for an actual emergency, at I which times Contractor will determine and assign for the Company's immediate use those available vehicles not already committed under any prior Contracts. Vehicles under contract with the 1ocal school districts and not immediately available for the Company's ese shall complete the v'ork' associated with the contract, and shall return promptly to the Contractor's bus storage yard. At time of vehicle
, ,. ,.o.. --
the Contractor shall notify the Company's
- return, authorized representative and make available the l required requisitioned vehicles. The Contractor shall not be penalized by retainer price re' duction in the event the Company's requisition coincides with the time when all vehicles are under prior commitment l
provided the Contractor has submitted the required i t l 8 i
.o . - . . .
o . RESPONSE vehicle data as set forth in the Terms of Payment _. NOTIFICATION - provision. g
' P
( C on t ' d'. ) . . INSURANCE . During the period of, Company's use of the vehicles or personnel or both, the Company shall be solely responsible for all negligent acts or omissions, and will defend, indemnify and hold Contractor harmless
~
from and against all loss, damage (whether to Contractor's vehicles or otherwise), and for bodily injury or death, including all claims for Workmen's Compensation for employees, arising out of or in any' way connected with all negligent use of the vehicles pursuant to this agreement. The Company hereby agrees to maintain, for the entire period of use of the vehicles or petsonnel or both, insu,rance coverage (including self-insurance) in
. ,' . . {. , ,
'. 'accordance with the re'quirements established in the Certificates of Insurance which are attached hereto
'and form a part hereof, in'an aggregate amount sufficient to meet all obligations unde,.r the preceding paragraph. Insura'nce coverage will commence at such time as the Contract'or's vehicles are available and ready for the Company's use and
~
will terminate when the vehicles are returned to the Contractor. 9- -
TERMINATION At any time after one '(1) year after the effective date of this Contract, the Company and-Contractor
.\ t each reserve the right to terminat'e,thil Contract upon not less than ninety (90) days prior written notice to the other specifying the termination date.
Should the termination date not coincide with a
~
retainer payment period, the payne.nt shall than be spportioned between the parties on a daily basis,
~
pro-rata to'the date of termination. ASSIGNMENT OF The Contractor agrees that it shall not, assign CONTRACT this Contract or any portion thereof to any person, partnership, company or corporation not satisfactory to the Company, and shall not make such-an assignment until the prior written permission of the Company has been received. Any such assignment shall be void if made without the Company's prior written permission." This agreement shall be governed by the laws of the
~
ACCEPTANCE State of New York, and shall remain in effect for the five (5) year period commending January 1, 1984 and terminating at 12 o', clock mid-night Decemb'er 31, 1988. Any extens' ion of the-aforementioned period shall be mutually agreed upon and shall be expressed in a writing duly signed by both parties. e 10 G
( .. .--.- In Witness thereof, the parties have' signed this Agreement as of the -~ day and year first above written. Long Island Light g C$mpany
~
By: I/. [ A.W.Wopbrd'
~
Vice President
- Purchasing V
~
f . i Louis A. Fuoco Bus Service ,,
) I zy: , a2 / Vn
Title:
g,' O e e d;.
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11 ,
~ -- - _ _ - _ - _ _ . _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
b .* .
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SCH5DULE A _.
' School Bus and Passenger Van {. g
'i Availability and Price List .
(A) Vehicle Availability and Location Vehicles Description Total Available
, 40 Passenger School Bus 39 -
15 Passenger Van - 12 Passenger Van - -- 7 Passenger Van . (B) Pricing (1) Unmanned Vehicles Unit Price /Hr. 40 Passenger School Bus $ 15 Passenger Van $ 12 Passenger Van $ , 7 Passenger Van $ (2) Manned Vehicles-(Straight Time Basis) Unit Price /Hr. , 40 Passenger School Bus $ 15 P.assenger Van $ 12 Passenger Van $ 7 Passenger Van $ Manned Vehicles-(Overtime Basis) Saturday & in (3) . Excess of Sunday &
. Normal Day Holidays Unit Price /Hr. Unit Price /Hr
~
40 Passenger School Bus $ $
- 15 Passenger Van $ $
12 Passenger Van $ $ 7 Passenger Van , e 5 12 l
.A ? . ; -
^
kH '. I ' . 2 ' andfMg53.4 .s., - e n a . t_=E 1.; >. [- T lin CtNTh1CSTE. Iss )L[A a, 8% - TitBS CENTiteCATt SOES NOT AattNS. R-AND ADDRE3s OF AGtteCY COMPANIES AFFORDING COVERAGES March & McLennan, Incorporated 1221 Avenue of the Americas C O"' untR A ngton Insurance Co. - l. N:w York, New' York 10020 . pt AND ADORtss oF WisURt3 f=r' B COMPANY b 1 P, l antr LP Long" Island Lighting Company 250 Old Country Road f=r' D Mineola, New York 11501 COMPANT E
. 2' LtTTER E m is to cartsfy that policies of ensurance ksted below have bee Hssued to the insured named above and are in force at this eme. hotwithstand.ng any regerement, term or cond: ton
)
J eny contract or other document with respect to which this carbfcate may be issued or may pertain, ~ the jnsurance afforded by the polces desenbed herein is subject to all the rms tactusaans and condstens of such polscies. . . . . Limits of Liatt:ity in Thousands (000)
, - CY NUMSE R Daft *
- IC AGGRtGATt
$"R " *TTPttfiNsVRANCt tXPle ,_ _
E UR
. CENERAL LIABILITY - - -
eco:LYisuusrY s . . .. . . - _. 8CoMPatNtNsutroRM 552-3955 6/27/84
,ROPcRTvDAMAct i i O r<tu sts-oPtRATiONs cAPtoslON AND COLLAPst HAZARD UNDERGROUND HA2ARD PRODUCTS / COMPLETED OPtR ATIONs HAZARD BOOfLY IPtNRY AND
,ROPtRTvDAMAGE O CONTRACTUAL -suRANCE COM8mtD i1,000 s3,ono O sROAD DAMAGE FORM PROPtRTY INDEPENDENT CONTRACTORS PERsOfuAL INJUPY I PERSONAL WNRY AUTOMOBILE LIABILITY g',[N PY q, g p COMPRIMEN$1vt FORM BOCILY INJUpy .
~(EACH ACCIDENT)
OOWNED s
*~
PROPEPTY DAM AGt .
] BODILY INJURY AND
~'
I NONowNED PROPERTY DAMAGI _ , COMBINtD EXCESS LIABILITY I I uusattLA roRM PROPERTv'DAMAGt oTNER TNAN UMBRtLLA. CoustNED rORM _,,,,, ,W ORKERS* COMPENSATION - . . , . .. -, . * , ,. ., . ,. STATUTORY . M. .'r- .'. .. .' . . .arid ..d 4 s X., t.*
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- N .',,l.
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.,,A ' EMPLOYERS' LIABILITY '
.* t' * * . ne .ccax.n.
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. p..a0THER . , , . . , , , , - . .' ,
y.,: ?
. W.:g.. . f- 5.Y,. %m. .:g. ; ?;-y.:Ty.qt- _
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.+ .
+- -
n SCRIPTIO*e OF OPERATION 5tOCATIOegs/vtNiCLis , IJLCO-Local Emergency Response Organization services to be provi'ded: to make cva11able buses and vans (and possibly drivers and maintenance personnel) as . deceribed in a contractual agreement effective January 1,1984. Cen:ellition: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-pany will endeavor to mail - 10 days written notice to the below named certificate holder, but failure to mail such notice shallimpose no obligation or liability of any kind upon the company. seAMc AND ADORCss OF CERTIFCATt HOLDER. oAft issuta January 1, 1984 Louis A. Fuoco Bus Serv ice,'Inc. t , _ P. O. Box 514 Patchogue, N.Y. 11722
, Cf g-g AvrNOg RtPatstNr Aiut
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- X, ,
ASSOCIATED ELECTRIC & GAS INSURANCE SERVICES LIMITED Hamilton, Bermuda l* CERTIFICATE OF INSURANCE
. f. .
The undersigned hereby certify that the following described insurance is in force at this date with Associated Electric & Gas Insurance Services Limited. NAME OF INSURED: Long Island Lighting Company PRINCIPAL ADDRESS: 250 Old Country Road Mineola, New York 11501 POLICY NUMBER: 04b . POLICY PERIOD: FROM: January 1, 1984 IO: Continuous until cancelled. LIMIT OF LIABILITY: $15 inillion, each occurrence excess of and participating with any other valid and collectible insurance. DESCRIPTION OF COVERAGE: Bodily injury, property damage, personal injury contractual liability.
' This document is furnished to you as a matter of information only. The issuance of this document does not make the person or organization to whom it is issued an additional assured, nor does it modify in cny manner the contracts of insurance between the Insured and the Insurers. Any amendment, change or ,
extension of such contracts can only be effected by specific endorsement attached thereto.
- Should the above mentioned contract of insurance be cancelled, assigned or changed during the above named policy period in such manner as to affect this document, we will endeavour to give notice to the holder cf this document.
DATE: January 3, 1984 L uis A. Fuoco Bus Service, Inc. . ISSUED 'IO: p.O. Box 514, patchogue, N.Y. 11722 ADDRESS: AEGIS INSURANCE SERVICES, INC. At J:rsey City, New Jersey _ _________..I . . _ _ l
6 ATTACIIMENT 6 I E LONG ISLAND LIGHTING COMPANY
. _ _ _ ,2 i7 s cast oto cousrav no4o . sicxsvittc. ~cw vonn iisoi j Direct Dial Number January 30, 1984 Huntington Coach Corp. .
Pulaski and 5th Ave. Huntington Station, NY 11746 Attention: Mr. Kevin Clifford Subj ect: Shoreham Nuclear Power Station Local Emergency Response Plan Gentlemen: We are enclosing herewith one (1) copy of the agreement covering your furnishing unmanned and/or manned vehicles for the subject proj ec t , which has been executed by the Long Island Li'ghting Company. . o Purchase Order Number 368366 has been assigned to this agreement. Please note this Purchase Order Number on all invoices to be submitted in connection with this agreement. , Very truly yours, Thomas J. 1 TJH/bd cc: J. A. Weismantle (2) Internal Audit. LERO File V Pitrchasing Departmer.t 8
4 CONEORMED COPY This Agreement made as of the First d ay o f January 19g , by and botve'en Long"Is' land Lighting Company, a New York Corporation having
~
250 Old Country Road, Mineola. New its principal place of business at Huntincton Coach Corp. , a New York York (" Company"); and Corporation, having its principal place of business at
- Pulaski Road and 5th Avenue Eintington Station, N.Y. 11746 (" Contractor").
Witnesseth: SCOPE The Company hereby retains the Contractor to furnish the forth in required unmanned and/or manned vehicles as set Schedule "A" which is attached hereto and forms a part hereof, on an "as available" basis for the Company's Local Emergency. Response Plan for the Shoreham Nuclear Power Station. To support said plan, the Contractor exercise, agrees, promptly after notification of a drill, I or emergency, to make available all requisitioned l l vehicles and personnel (if required), for the Company's use, and will supply fuel, keys, certificatas of registration, license plates, tags, etc., so that the vehicles can be placed in use promptly by the Company's authorized personnel. All vehicles supplied by the o 1
SCOPE Contractor will be in good operational ccadition and (Contd.) safe and fit for use, and any drivers thereof will be duly licensed as customarily required by the Contractor. In consideration of the Contractor's agreement and consent as set forth above, the following shall govern all work and service to be furnished hereunder: UNMANNED For the furnishing of unmanned vehicles for drills, VERICLES exercises, and emergencies, the Company will take possession, and acknowledge receipt of vehicles at the Contractor's bus storage yard at the time of requisition. The Company will return the vehicles at the conclusion of its i'se to the Contractor's* bus storage yard. A receipt and survey form for any requisitioned vehicles shall be filled out and completed by the Company and Contractor prior to vehicle furnishing and upon vehicle return. The vehicles furnished shall be in good, safe, operational condition and will be utilized only in the same manner and for the same purpose as is performed in the Contractor's normal mode of business. The vehicles s t 2
D will be returned in the same condition, reasonable 3 'koa'r and tear excepted. Upon its return, all
- 0) vehicles shall be checked and inspected by the driver and by representatives of both the Company and Contractor, noting deficiencies and damages, if any.
Claims for deficiencies and/or damages will not be j considered beyond those noted at time of vehicle return. l l All vehicles will be fueled and completely checked prior to departure and refueled and completely checked upon roturn. 1 The Company will designate and authorize as drivers of requisitioned vehicles only those persons who hold valid _ Now York State licenses lawfully permittihg them to drive the particular requisitioned vehicles and who have received Emergency Preparedness Training. The Company will secure, update on an annual basis and maintain on file for the Contractor's review. New York State driver's license abstracts of all drivers assigned to this program. The Company will submit to the Contractor on or before sixty (60) days after contract execution, a record of all drivers assigned to this program listing , the class of license, license number and expiration date of license. 3
j VEHICLE The vehicles shall be furnished for a minimum lease LIMITATION 'per'iod of four (4) hours. MANNED Supplementing all of the aforementioned terms and
~
VEHICLES conditions, in the event the Contractor furnishes manned '
- vehicles, the vehicles and drivers will be utilized only
'in the same manner and for the same purpose as is performed in the Contractor's normal mode of business.
Contractor's drivers shall have received Emergency This l Preparedness Training prior to vehicle operation. a training shall be at the Company's expense and at mutually agreed upon time and place. ANNUAL The Company shall pay the Contractor annually f or a RETAINER five (5) year period a retainer to reimburse the PRICE ContractoI'for its administrative costs involved in this agreement, f or providing100 Buses t $ / year / bus, and for providing 0 Vans 9 $ / year / van, all subject, however, to the prior rights of the local school districts under contracts with the Contractor, in the unlikely event of an accident at the Shoreham Nuclear Power Station. . e 4
PRICE For use of all manned and/or unmanned vehicles BASIS E6rn'ished hereunder, the Company shall pay the-Contractor the service rates as specified in Schedule "A", which is attached hereto and forms a part hereof. For use of manned vehicles straight-time service rates will be based upon the normal work day, Monday through Friday. Overtime will consist of time worked in excess of the normal work day or time worked on Saturdays, Sundays and Holidays. Holidays will be those customarily observed by the Contractor. For Emergency Preparedness Training, the Company shall pay the Contractor the driver's straight time , hourly rates. which includes the base hourly rate, contractual benefits ' and statutory' costs, plus an Administrative Adder of 10%. Contractor shall supply certified payrolls with the invoice. For refueling of vehicles, the Company shall pay the Contractor for fuel, invoiced at cost plus a 10% adder. l I 5
- " ' ' " ew- - - , - , -. ---a r s
PRICE The service rates detailed herein are subject to l BASIS adj'ustment, to reflect any increase resulting-from (Cont'd.) any negotiated agreements reached with Labor Unions o representing Contractor's employees, any general rate increase to Contractor's employees, and any increase in
- statutory obligations. All increases are to be supported and substantiated by documentation and calculation, and shall become effective on the date of such increase.
l The service rates during the normal work day shall commence when the requested manned or unmanned vehicles are available and ready for service. These rates will terminate at time of vehicle return and immediate checkout. For requests beyond the normal work day or on Saturdays, Sundays and/or Holidays, the service rates will commence at time of request and will terminate at time of vehicle return and immediate checkout. TERMS OF Terms of Payment shall be in accordance with the PAYMENT following:
- 1) The company shall pay Contractor's annual retainer price pro rata payments in advance on a t
6
t .. l l TERMS OF quarterly basis, provided the Contractor submits PAYMENT -invoices f or the f ollowing quarter not earlier than (Cont'd.) the 1st day of the 3rd month of each quarter, detailing \ l the type and the total number of vehicles being made l available to the Company, the available vehicles under prior commitment, the available vehicles not under prior commitment, vehicle yard location, seating capacity and identification and plate numbers. Invoices shall be paid on a net thirty (30) day basis after receipt, review and acceptance of invoices.
- 2) The Company shall pay Contractor's vehicles and personnel service rates on a net thirty (30) day basis, provided invoices have been received which substantiate all service details, including, but not limit ed~'to , purpose , date, hours of use, vehicle location and identification number.
COMMUNICATION At time of Contract execution, the Contractor
~
SYSTEM shall make available to the Company a continuous, twenty-four (24) hour telephone service for the purpose of contacting the Contractor in the event of i This service shall consist of, but i an emergency. shall not be limited to, the talephone numbers and l 7
1 COMMUNICATION personnel to contact at the Contractor's facility, SYSTEM
-- and the names and home telephone numbers of at least (Cont'd.) three (3) of the Contractor's personnel who can respond to notif) ation at the times the Contractor's facility may be closed.
i RESPONSE The Company will advise Contractor approximately I NOTIFICATION seventy-two (72) hours prior to requisition for f l training, drills and/or exercises, and approximately fifteen (15) minutes for an actual emergency, at which times Contractor will determine and assign for the Company's immediate use those available vehicles not already committed under any prior Contracts. Vehicles under contract with the loegl school districts and not immediately available for the Company's use shall complete the work associated with the contract, and shall return promptly to the Contractor's bus storage yard. At time of vehicle return, the Contractor shall notify the Company's authorized representative and make available the i required requisitioned vehicles. The Contractor
' shall not be penalized by retainer price reduction in the event the Company's requisition coincides with the time when' all vehicles are under prior commitment l
provided the Contractor has submitted the required 8 i
RESPONSE vehicle data as set forth in the Terms of Payment NOTIFICATIDW
- provision.
(Cont'd.) INSURANCE During the period of Company's use of the vehicles
- or personnel or both, the Company shall be solely responsible for all negligent acts or omissions, and will defend, indemnify and hold Contractor harmless from and against all loss, damage (whether to Contractor's vehicles or otherwise), and for bodily injury or death, including all claims for Workmen's Compensation for employees, arising out of or in any way connected with all negligent use of the vehicles pursuant to,this agreement.
The Company hereby agrees to maintain, for the entire period of use of the vehicles or personnel or both, insurance coverage (including self-insurance) in accordance with the requirements established in the Curtificates of Insurance which are attached hereto and form a part hereof, in an aggregate amount sufficient to meet all obligations under the preceding paragraph. Insurance coverage will commence at such time as the Contractor's vehicles are available and ready for the Company's use and 11 terminate when the vehicles are returned to-the contractor.
I TERMINATION At any time after one (1) year after the effective .
'date of this Contract, the Company and Contrector I %
each reserve the right to terminate this Contract upon not less than ninety (90) days prior written notice to che other specifying the termination date. ! Should the terminaticn date not coincide with a retainer payment' period, the payment shall than be apportioned between the parties on a daily basis, pro-rata to the date of termination. ASSIGNMENT OF The Contractor agrees that it shall not assign CONTRACT this Contract or any portion thereof to any person, partnership, company or corporation not satisfactory to the Company, and shall not make such an assignment until the prior written permi.sion of the Company has been received. Any such assignment shall be void if made without the Company's prior written permission. l ACCEPTANCE This agreement shall be governed by the laws of the State of New< York, and shall remain in effect'for the ! five (5) year period commencing Jmmlary l_,1984 and terminating at 12 o' clock mid-night December 31, 19PS. Any extension of the aforementioned period shall be mutually agreed upon and shall b'e expressed in a writing duly signed by both parties. 10
In Witness thereof, the parties have signed this Agreement as of the day and year first above written. , Long Island ting Company ftl/ rh j o
.y: (
stMfe'?Le (?p W. g",, ,
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IITitington CORCh Corp. y*' ,,. & O vd d
,1t1. ~' a R 92.
t 4
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SCHEDULE A School Bos and Passenger Van Availability and Price List o (A) Vehicle Availability and Location Vehicles Description Total Available , 40 Passenger School Bus 100 15 Passenger Van - 12 Passenger Van - 7 Passenger Van - (B) Pricing (1) Unmanned Vehicles Unit Price /Hr. 40 Passenger School Bus $ 15 Passenger Van $ 12 Passenger Van $ 7 Passenger Van $ (2) Hanned Vehicles-(Straight Time Basis) Unic Price /Hr. 40 Passenger School Bus $ 15 Passenger Van ,, $ 12 Passenger Van $ 7 Passenger Van $ (3) Manned Vehicles-(Overtime Basis) Saturday & in . Excess of Sunday & Normal Day Holidays Unit Price /Hr. Unit Price /H-40 Passenger School Bus $ $ __ 15 Par nger Van $ $ 12 Paes oger Van $ $ 7 Passenger Van $ $ 12
e... . r = + .. w . w w. ,
- _ - _ _, g := ,--,. a
.s-, rI . ".w&w cr fe , . . Certificate of Insu. rancei. M;. a .y.% .t, . n
, W, ?.,c .=. s x s.'
[ THIS CENTIFCATE 4 65UES AS 4 MATTES OF IreFORMATIOle Olav ases COIWEM 8e9 GC4W3 WEpe TIE CERTWCATE esOLMR' Vp*
- Teess CtWTelecaTE 9825 feet mest BID $ 375149 OR A&Yta tee COvtRAGE AFynessa gy hg . CES LETES ELOW r; 'I 'I i
tt AssO ADORES $ OF *Gl%CT COMPANIES AFFORDING COVERAGES Marsh & McLennan, Incorporated 1221 Avenue of the Americas Co .., N':w York, New York 10020 ""tR Lexington Insurance Co. COMP AN Y Q L E TTE R w Ut anD ADDatSS Ce sNSURf D CouPa%, Liitta Long Island, Lighting Company cooras,v 250 old Country Road ""'" D Mineola, New York 11501 cnoro,E L i f'i p This is to ce*tih tr.at potaties of insurance hsted below have been issued to the msured named above and are in force at t*us time Nctaitestamdirt any recu.remeet. term c+ ccao t.c-Dt any coetract or other document este respect to which this cert 6cate may be isswd or may perta+n. the irsu'ence attorded by the pobcies cescreDed here'r. is subject te a *** rerms escluses and cond.tioes of such cos.cies
, , , , , ,g, ,
Limits of Liability in Thousands (o00s tYttp T'Pt OF i%$uRa%.t Pot ic , %ijwet R g ,,,a,iOm Daft gUMW i 'OIO* GENERAL LIABILITY , ,, , g 1 0~ Rcat%wt roav 552-3955 6/27/84 PRt urs t s-opt Ratio %s PRnrt Riv Dawa0t 5 % isPt050% 4%D Cottarst MAlamo UNDERGROUND HalaRD PRUDUCTS COMPT tit D OPERattONS Halaseti gogig , e%fypv aNo C oN,R aC Tu At .Nsuna Ct PRoPter,Dawact i 1,000 55,000 gnoaD FORV PROrt P', Coper %I D DavaGt b #NotPt%Dthi C0%f Racfoes Pf R50%s, iN;URv pg egagag ,%jue. 5
^
AUTOMOBILE LIABILITY 1
- eg'y%gf"q, g CowPstatswt sos w scoit y %nin, 5 tIaCMA Q Dr\Yi 1 s eacri r.t , Dws .: s b N .'N A N' i tu erava I EXCESS LIABILITY *'
e mt,i%>usia%D i>wPRi t.a sney p ,srt e , Davic.g 5 & 91,.f p teish uvM a l a covp.%g p roRv WORKERS' COMPE NS ATION 3 t a,n ce, and ., . ;, .4, i EM*LOY ERS' LIABILITY J- - '
.. a OTHER
. . i- .
I SC Ri*14% OF opt Rat tong g(pC af1(p%$ Nt Ht( L t $ LILCO-Local Emergency Response Organization services to be provided: to make available bus &s and vans (and possibly drivers and maintenance personnel) as described in a contractual agreement effective 1/1/84. Ccnc:llation: Snould any of the above described policies be cancelled before the expiration date thereof, the issuing com-pany will endeavor to mail _1.0. days written notice to the below named certificate holder, but failure to mail such notice shallimpose no obilg3 tion or liabilliy of any lund upon the Company, maut aND ADDRE$$ OF C1atit ata1t ,.eotof R natt issuto Jen_uary 1. 1984 Huntington Coach Corp. Pulaski Road & 5th Ave. Huntington S4tation, N.Y. 11746 f;* AUTMORittD Rtpet __s a t r.t
I' e ASSOCIATED ELECTRIC & GAS INSURANCE SERVICES LIMITED Hamilton, Bermuda CENTIFICATE OF INSURANCE The underpgned hereby certify that the folicwing described insurance is in force at this date with Associ ted Electric & Gas Insurance Services limited. NAME OF INSURED: Long Island Lighting Company l . PRINCIPAL ADDRESS: 250 Old Country Road Mineola, New York 11501 POLICY NUMBER: 040 POLICY PERIOD: FROM: Januhry 1, 1984 In: Continuous until cancelled. LIMIT OF LIABILITY:
$15 million, each occurrence excess of and participating with any other valid and collectible insurance.
DESCRIPTION OF COVERAGE: Bodily injury, property damage, persona *. injury contractual liability. This document is furnished to you as a matter of information only. The issuance of this document does not make the person or organization to whom it is issued an additional assured, nor does it modify in any manner the contracts of insurance between the Insured and the Insurers. Any amendment, change or extension of such contracts can only be effected by specific endorsement attached thereto. Should the above mentioned contract of insurance be cancelled, assigned or changed during the above named policy period in such manner as to affect this document, we will endeavour to give notice to the holde cf this document. DATE: January 3, 1994 Huntington Coach Corp. l ISSUED 'IO: pulaski Road 6 5th Ave. , Huntington Statiott, N.Y. 11746 ADDRESS: AEGIS INSURANCE SERVICES, INC. At J;rsey City New Jersey ten (ABCitytt 41
ATTACHMENT 7 This Agreement made as of the first day of January 1984, by and between Long Island Lighting Company, a New York Corporation having its principal place of business at 250 Old Country Road, Mineola, New York (" Company"); and Seaman Bus Co., Inc. a New York Corporation, having its principal place of business at P.O. Box 726, 87 Route 25A,
~
Shoreham, NY 11786 (" Contractor"). Witnesseth: J SC0pE The Company hereby retains the Contractor to furnish the required unmanned and/or manned vehicles as set forth in Schedule "A" which is attached hereto and forms a part hereof, on an "as available" basis for the Company's Local Emergency Response Plan for the Shoreham Nuclear Power Station. To support said plan, the Contractor agrees, promptly after notification of a drill, exercise, or emergency, to make available all requisitioned vehicles and personnel (if required), for the Company's use, and will supply fuel, keys, cercificates of registration, license plates, tags, etc., so that the ! (
' vehicles can be placed in use promptly by the Company's I
authorized personnel. All vehicles supplied by the 1
1 i SCOPE Contractor will be in good operational condition and .
~
l (Cont'd.) "saf'e and fit for use, and any drivers thereof will be l duly licensed as customarily required by the Contractor. In consideration of the Contractor's agreement and i consent as set forth above, the following shall govern all work and service to be furnished hereunder: UNMANNED For the furnishing of unmanned vehicles for drills, VEHICLES exercises, and emergencies, the Company will take possession, and acknowledge receipt of vehicles at the Contractor's bus storage yard at the time of
, . requisition.- The Company will return the vehicles at the conclusion of its use to the Contractor's bus storaga yard. A receipt and survey form for any requisitioned vehicles shall be filled out and completed by the Company and Contractor prior to vehicle furnishing and upon vehicle return.
The vehicles furnished shall be in good, safe, operational condition and will be utilized only in-the
- same manner and for the same purpose as is performed in the Contractor's normal mode of business. The vehicles
?
2
I l UNMANNED will be returned in the same condition, reasonable VEHICLES wear and tear excepted. Upon its return, all (Cont'd.) vehicles shall be checked and inspected by the driver and by representatives of both the Company and Contractor, noting deficiencies and damages, if any. Claims for deficiencies and/or damages will not be considered beyond those noted.at time of vehicle return. All vehicles will be fueled and completely checked prior to departure and refueled and completely checked upon return. l The Company will designate and authorize as drivers of requisitioned vehicles only those persons who hold valid j New York State licenses lawfully permitting them to drive
- the particular requisitioned vehicles and who have i
received Emergency Preparedness Training. The Company will secure, update on an annual basis and maintain on I file for the Contractor's review, New York State driver's license abstracts of all drivers assigned to this program. The Company will submit to the Contractor on or before sixty (60) days after contract execution, a record of all drivers assigned to this program listing the class of license, license number and expiration date of
" license.
3
- - . . _ . . - -L.... -
l l VEHICLE The vehicles shall be furnished for a minimum lease LIMITATION period of four (4) hours. MANNED Supplementing all of the aforementioned terms and VEHICLES conditions, in the event the Contractor furnishes manned ) vehicles, the vehicles and drivers will be utilized only in the same manner and for the same purpose as is performed in the Contractor's normal mode of business. Contractor's drivers shall have received Emergency Preparedness Training prior to vehicle operation. This training shall be at the Company's expense and at a mutually agreed upon time and place. ANNUAL The Company shall pay t'e Contractor annually for a RETAINER five (5) year period a retainer to reimburse the PRICE Contractor for its administrative costs involved in this agreement, for providing 35 Buses @ $ / year / bus, and for providing 0 Vans @ $ / year / van, all subject, however, to the prior rights of the local school districts under contracts with the Contractor, in the
- unlikely event of an accident at the Shorebam Nuclear Power Station.
( l l 4
l PRICE For use of all manned and/or unmanned vehicles BASIS Estn'ished hereunder, the Company shall pay the l Contractor the service rates as specified in Schedule i "A", which is attached hereto and forms a part hereof. For use of manned vehicles straight-time service rates will be b~ased upon the normal work day, Monday through Friday. Overtime will consirt of time worked in excess of the normal work day or time worked on Saturdays. Sundays and Holidays. Holidays will be those customarily observed by the contractor.
' For Emergen.y Preparedness Train, g, the Company shall pay the Contractor the driver's straight time hourly rates, which includes the base hourly rate, contractual benefits and statutory costs, plus an Administrative Adder of 10%.
Contractor shall supply certified payrolls with the invoice. For refueling of vehicles, the Crepany shall pay the Contractor for fuel, invoiced at cost plus a 10% adder. i 'I
~
5
)
1 PRICE The service rates detailed herein are subject to ~
~
l BASIS adjustment, to reflect any increase resulting from 1 l (Cont'd.) any negotiated agreements reached with Labor Unions representing Contractor's employees, any general rate increase to Contractor's employees, and any increase in statutory obligations. All increases are to be supported and and substantiated by documentation and calculation, shall become effective on the date of such increase. The service rates during the normal work day shall commence when the requested manned or unmanned vehicles are available and ready for service. These rates wil.1
. terminate at time of vehicle return and immediate checkout. For requests beyoni the normal work day or on Saturdays, Sundays and/or Holidays, the service rates will commence wt time of request and will terminate at time of vehicle return and immediate checkout.
TERMS OF Terms of Payment shall be in accordance with the PAYMENT following: 1
- 1) The Company shall pay Contractor's annual retainer price pro rata payments in advance on a 6
I TERMS OF quarterly basis, provided the Contractor submits .
~
PAYMENT
*inv'o. ices for the following quarter not earlier than (Cont'd.) the 1st day of the 3rd month of each quarter, detailing the type and the total number of vehicles being made available to the Company, the available vehicles under l
prior commitment, the available vehicles not under prior commitment, vehicle yard location, seating capacity and identification and plate numbers. Invoices shall be paid on a net thirty (30) day basis after receipt, review and acceptance of invoices.
- 2) The Company shall pay Contractor's vehicles and
- personnel service rates on a net thirty (30) day basis, provided invoices have been received which substantiate all service details, including, but not limited to, purpose, date, hours of use, vehicle location and identification number.
COMMUNICATION At time of Contract execution, the Contractor SYSTEM shall make available to the Company a continuors, twenty-four (24) heur telephone service for the purpose of contacting the Contractor in the event of an emergency. This service shall consist of, but l ~.. shall not be limited to, the telephone numbers and 7
l COMMUNICATION personnel to contact at the Contractor's facility, - l SYSTEM
** and the names and home telephone numbers of at least (Cont'd.) three (3) of the Contractor's personnel who can respond to notification s't the times the Contractor's i
facility may be closed.
RESPONSE
The Company will advise Contractor approximately NOTIFICATION seventy-two (72) hours prior to requisition for training, drills and/or exercises, and approximately fifteen (15) minutes for an actual emergency, at which times Contractor will determine and assign for the Company's immediate use those available vehicles
- not already committed under any prior Contracts.
Vehicles und..r contract with the local school districts and not immediately available for the Compan~ s use shall complete the work associated with the co. *, and shall return promptly to the Contrac. "us storage yard. At time of vehicle 4 return, the Contractor shall notify the Company's the authorized representative and make available . required requisitionen vehicles. The Contractor shall not be penalized by retainer price reduction in the event the Company's requisition coincides with the time when all vehicles are under prior commitment provided the Contractor has submitted the required f 8 I
~.
l 1 RESPONSE vehicle data as set forth in the Terms of Payment
~
NOTIFICATIO'N' provision. (Cont'd.) INSURANCE During the period of Company's use of the vehicles or personnel or both, the Company shall be rolely j responsible for all negligent acts or omissions, and will defend, indemnify and hold Contractor harmless from and against all loss, damage (whether to ( Contractor's vehicles or otherwise), and for bodily injury or death, including all claims for Workmen's Compensation for employees, arising out of or in any way connected with all negligent use of the vehicles pursuant to this agreement. The Company hereby agrees to maintain, for the entire period of use of the vehicles or personnel or both, insurance coverage (including self-insurance) in accordance with the requirements established in the Certificates of Insurance which are attached hereto and form a part hereof., in an aggregate amount sufficient to meet all obligations under the ! l Insurance coverage will I preceding paragraph. !
?-
commence at such time as the Contractor's vehicles l l are available and ready for the Company's use and will terminate when the vehicles are returned to the Contractor. _ _1 _
i 1 TERMINATION At any time after one (1) year after the effective date of this Contract, the Company and Contractor each reserve the right to terminate this Contract upon not less than ninety (90) days prior written notice to the other specifying the termination date. Should the termination date not coincide with a retainer payment period, the payment shall than be apportioned between the parties on a daily basis, pro-rata to the date of termination. t ASSIGNMENT OF The Contractor agrees that it shall not assign CONTRACT this Contract nr any portion thereof to any person, partnership, company or corporation not satisfactory to the Company, and shall not make such an assignment until the prior written permission of the Company has been received. Any such assignment shall be void if made without the Company's prior written permission, j ACCEPTANCE This agreement shall be governed by the laws of the State of New York, and shall remain in effect f or tl:e five (5) year period commencing January 1, 1984 and f terminating at 12 o' clock mid-night December 31, 1988. Any extension of the aforementioned period shall be mutually agreed upon and shall be expressed in a writing duly signed by both parties. 10
r I In Witness thereof, the parties have signed this Agreement as of the day and year first above written. Long Island Lighting Company By: A.W.Wofford Vice President Purchasing Seaman Bus Co , Inc. By: #4 %
Title:
.Au / e' I 11
SCHEDULE A School Bus and Passenger Van l Availability and Price List l (A) Vehicle Availability and Location l Vehicles Description Total Available 40 Passenger School Bus 35 15 Passenger Van - 12 Passenger Van - l 7 Passenger Van (B) Pricing (1) Unmanned Vehicles Unit Price /Hr. l 40 Passenger School Bus $ 15 Passenger Van $ 12 Passenger Van $ 4 7 Passenger Van $ (2) Manned Vehicles-(Straight Time Basis-) Unit Price /Hr. 40 Passenger School Bus $ 15 Passenger Van $ 12 Passenger Van $ 7 Passenger Van $ Manned Vehicles-(Overtime Basis) Saturday & in (3) Excess of Sunday & Normal Day Holidays Unit Price /Hr. Unit Price /Hr' 40 Passenger School Bus . 15 Passenger Van $ __
- 12 Passenger Van 7 Passenger Van l
I a 12
~ f ,%' W fOA*( ? 'r Y 'f.Yf,? &fh _ {}}G}y& .$ 'r, , ; &f"{'NtQ, SCf4 ? f
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. w , , , ., ,,z. , . ,m . . ,, . .x .,x, ._ A-m&*: . , m . .,.. o 3,. m . . o .,.... . .m.m. s ._,a .;
2 ANo ACORESS of AGtNCY COMPANIES AFFORDING COVERAGES Marsh & McLennan, Incorporated , co"***' A 1221 Avenue of the Americas tt"tR n Lexincton Insurance Co. New York, New York 10020 CCVPANY D [ LETTER L7 l
- a ANo AcoRess or R.suato c ,y,,,,
Lc TTtp g ,1 l Long Island Lighting Company coo,A~' D Lt"t" 250 Old Country Road i Mincola, New York 11501: coo,,,, e. LETTcR 5 Zs is to ceftify that pohcies of insurance hsted below have beenissued to the insured named above and are en force at this terr.e. fsetwit*: standing any requirefrent. term er cencit.on J any contract ca other document with respect to wtuch this certificate may be issued or may pertain the insurance afforced by the policies cesenbed herein is si,b,ect to all the prms. eretusions and conditions of such pohcies. Limits of Liability in Thousands g0001 g, POLICV NuuBE R EXPIRATION DAf t ( A,C AGOREGAft gtta TY PE OF INSuR ANCE GENERAL LIABILITY g g,ty,,,y ,, g g cowPacNtNsivt roau 552-3955 6/27/84 PRtwi$c5--oPCP AT Ca,$ PRoPtRTY DAM AGC s 1 (liPLosicas AND CoLLAP$t MAZARD uNCEPGROUNO HAZARD
] PRODUCTS.COMat OPER ATIONS MAZ ARo f7f D SCDiLY INJuRT ANo CONTRACTUAL NsuaANCt PRoPtRTY eAwact s1,000 s5,000 spoAc Focu encPERTY COMBINED DAM ACt INCtPENOCNT CO*ef RACT0as I
PER$0N AL tNji;8' PEPSchAL6NJVRV AUTOMOBILE LIABILITY e=NF t e I I " y CousatstNswr. r:R.. scc tv ia. jury S [~ O aV.Nt0 (CACH A00.0 TNT 1 . l. g,' h P8CPtRTV C AVAGE $ .Q.
] .cou ,u8. ANo
. s I
OM d... P1 WI- .. e % O NON OV.NEC PRCPt#TY DAMAGt Ovs.Nto EXCESS LIABILITY , , , j I I U uveRtLLA FORV PRCPtRTY CAM AGt Of HE R TH AN I.,V68tLL A cQuglN(O FCRV WORKERS' COMPENS ATION STATu opv %.f[N,kQkh EMPLOYERS LIABILITY w t w eets, OTHER I i SCRIPTioN of OPERAT80NS10C AfloNSNTNiCLts LILCO - Local Emergency Response Organization services to be provided: to
.make available buses and vans (and possibly drivers and maintenance personnel) es described in a contractual agreement effective January 1, 1984
' C:ncellitiori: Should any of the above described policies be cancelled before the e.<pir6 tion date thereof. the issuing com.
~ ' pany will endeavor to mail 10 . days written notice to the below named cetif;cate holder. but failure to mail such notice shallimpose no obligation or liability of any kind upon the company.
iut A~o AcoRtss orCcRT FcAf t wototR January 1, 1984 o Tcissuta Seaman Bus Co., Inc. f _ P.O. Box 726 , {g 82 Route 25A ,
,,, g, ,,,, ,,,,,,
Shoreham, N.Y. 11786
ASSOCIATED El.ECTRIC & GAS INSURANCE SERVICES LIMITED Hamilton, Bermuda CERTIFICATE OF INSURANCE The' undersigned hereby certify that the following described insurance is in force at this date with Associated Electric & Gas Insurance Services Limited. NAME OF INSURED: Long Island Lighting Company PRINCIPAL ADDRESS: 250 Old Country Road j Mineola, New York 11501 i POUCY NUMBER: 040 January 1, 1984 POLICY PERIOD: FROM: TO: Continuous until cancelled. UMIT OF UABIUTY: $15 millien, each occurrence excess of and participcting l with any other valid and collectible insurance. l DESCRIPTION OF COVERAGE: Bodily injury, property damage, personal injury, contractual liability. This documentis fumished to you as a matter ofinformation only. The issuance of this document does not make the person or organization to whom it is issued an additional assured, nor does it modify in any manner the contracts ofinsurance between the Insured and the Insurers. Any amendment, change or extension of such contracts can only be effected by specific endorsement attached thereto.
. Should the above men tioned contract ofinsurance be cancelled, assigned or changed during the above named policy period in su :h manner as to affect this document, we will endeevour to give notice to the holder of this document.
January 3, 1984 DATED: . ISSUED TO: Seaman Bus Co., Inc.
- p. O. Box 726, 82 Route 25 A, Shoreham, N.Y. 11786 ADDRESS:
ASSOCIATED COMPANY AGEMENT OF EBASCO LIMITED BY: At Hamilton, Bermuda
ATTACHMENT 8
/E("O
----a LONG ISLAND LIGHTING COMPANY 17 5 EAST OLD COUNTRY ROAD
- H ICMSVI LLE. NEW YORM 19801 l Direct Dial Number 1
January 24, 1984 Starlite' Bus Co.. Inc. . 100 Deposit Road East Northport, NY 11731 Attention: Mr. Allan R. Altman, Vice President
Subject:
Shoreham Nuclear Power Station l Local Emergency Response Plan Gentlemen: We are enclosing herewith.one (1) copy of the agreement covering your furnishing unmanned and/or manned vehicles for the subject project, which has been executed by the Long Island Lighting Company. Purchase Order Number 368369 has been assigned to this agreement. Please note this Purchase Order Number on all invoices to be submitted in connection with this agreement. Very truly yours, mJ Thomes J H 11
- TJH/cpc cc: J. A. Weismantle (2) .
Internal Audit LERO File !
\/
Purchasing Department l
? CONFORMED COPY This Agreement made as of tha 'First day of Jamlary 1%M_, by and *
~'
betwe'en Long Is' land Lighting Company, a New York Corporation having its principal place of business at 250 Old Country Road,'Mineola, New Starlite Bus Co., Inc. , a New York York-(" Company"); and Corporation, having its principal place of business at 100 Ibposit Road East Northport, New York 11731 (" Contractor"). f Witnesseth: SCOPE The Company hereby retains the Contractor to furnish the required unmanned and/or manned vehicles as set forth in Schedule "A" which is attached hereto and forms a part hereof, on an "as available" basis for the Company's Local Emergency Response Plan for the Shoreham Kuclear Power Station. To support said plan, the Contractor agrees, promptly after notification of a drill, exercise, or emergency, to aske available all requisitioned vehicles and personnel (if required), for the Company's use, and will supply fuel, keys, certificates of registration, license plates, tags, etc., so that the vehicles can be placed in use promptly by the Company's authorized personnel. All vehicles supplied by the i e e 1
l
' l I
SCOPE Contractor will be in good operational condition and * (Cont'd.) 'iaf's and fit for use, and any drivers thereof will be duly licensed as customarily requ2 red by the Contractor. In consideration of the Contractor's agreement and consent as set forth above, the following shall govern all work and service to be furnished hereunder: UNMANNED For the furnishing of unmanned vehicles for drills, VEHICLES exercises, and emergencies, the Company will take possession, and acknowledge receipt of vehicles at the Contractor's bus storage yard at the time of requisition. The Company will return the vehicles at the conclusion of its tee to the Contractor's bus storage yard. A receipt and survey form for any requisitioned vehicles shall be !.111ed out and completed by the Company and Contractor prior to vehicle furnishing and upon vehicle return. l The vehicles furnished shall be in good, safe, f operational condition and will be utilized only in the same manner and for the sane purpose as is performed in the Contractor's normal mode of business. The vehicles 1 2 i
t l UNMANNED will be returned in the same condition, reasonable VEHICLES
- Wea~r and tear excepted. Upon its return, all (Cont'd.) vehicles shall be checked and inspected by the driver and by representatives of both the Company and Contractor, noting deficiencies and damages, if any.
j Claims for deficiencies and/or damages will not he considered beyond those noted at time of vehicle return. All vehicles will be fuelad and completely checked prior to departure and refueled and completely checked upon return. The Company will designate and authorize as drivers of requisitioned vehicles only those persons who hold valid New York State licenses lawfully permitting them to drive the particular requisitioned vehicles and vbo have received Emergency Preparedness Training. The Company will secure, update on an annual basis and maintain on file for the Contractor's review, New York State driver's license abstracts of all drivers assigned to this program. The Company will submit to the Contractor on or before sixty (60) days after contract execution, a record of all drivers assigned to this program listing the class of license. license number and expiration date of license. 3
VERICLE The vehicles shall be furnished for a minimum lease
- LIMITATION *per'iod of four (4) hours. .
MANNED - Supplementing all of the aforementioned terms and VE51CLES conditions, in the event the Contractor furnishes manned vehicies, the vehicle: and drivers will be utilized only in the same manner and for the same purpose as is performed in the Contractor's normal mode of business. Contractor's drivers shall have received Emergency Preparedness Training prior to vehicle operation. This training shall be at the Company's expense and at a mutually agreed upon time and place. ANNUAL The Company shall pay the Contractor annually for a RETAINER five (5) year period a retainer to reimburse the PRICE Contractor for its administra.tive costs involved in this agreement, f or providing 60 Buses t $ / year / bus, and ] for providing 0 Vans G $ / year / van, all subject, however, to the prior rights of the local school districts under contracts with the Contractor, in the unlikely event of an accident at the Shoreham Nuclear Power Station. O l \ - 4
PRICE For use of all manned and/or unmanned vehicles BASIS !stn'ished hereunder, the Company shall pay the
\
Contractor the service rates as specified in Schedule "A". which is attached hereto and forms a part hereof. For use of manned vehicles straight-time service rates will be based upon the scrual work day, Monday through Friday. Ovartime will consist of time worked in excess of the normal work day or time worked on Saturdays. Sundays and Bolidays. Holidays will be those customarily observed by the Contractor. For Emergency Preparedness Training, the Company shall pay the Contractor the driver's straight time hourly rates, which includes the base hourly rate, contractual benefits and statutory costs, plus an Administrative Adder of 10%. Contractor shall supply certified payrolls with the invoice. For refueling of vehicles, the Company shall pay the Contractor for fuel, invoiced at cost plus a 10% adder, 5
PRICE The service rates detailed herein are subject to
~
"Edjustment, to reflect any increase resulting from BASIS (Cont'd.) any negotiated agreements reached with Labor' Unions
. . representing Contractor's employees, any general rate increase to Contractor's amployees, and any increase in statutory obligations. All increases are to be supported and substantiated by documentation and calculation, and shall become effective on the date of such increase.
The service rates during the normal work day shall commence when the requested manned or unmanned vehicles ' are available and ready for service. These rates will terminate at time of vehicle return and immediate checkout. For requests beyond the normal work day or on Saturdays, Sundays and/or Holidays, the service rates will. commence at time of request and will terminate at time of vehicle return and immediate checkout. TERMS OF Terms of Fayment shall be ir accordance with the FAYMENT following:
- 1) The Company shall pay Contractor's annual retainer price pro rata payments in advance on a
~
6
TERMS OF quarterly basis, provided the Contractor submits 5 FAYMENT
- invoices for the following quarter not earlier than (Cont'd.) the 1st day of the 3rd month of each quarter, detailing
~ '
the type and the total number of vehicles being made j l available to the Company, the available vehicles under prior commitment, the available vehicles not under prior commitment, vehicle yard location, seating capacity and identification and plate numbers. Invoices shall be paid l 1 on a net thirty (30) day basis after receipc, review and acceptance of invoices.
- 2) The Company shall pay Contractor's vehicles and personnel service rates on a net thirty (30) day basis, provided invoices have been received which substantiate all service details. Aneluding, but not limited to, purpose, date, hours of use, vehicle location and identification number.
COMMUNICATION At time of Contract execution, the Contractor SYSTEM shall make available to the Company a continuous, twenty-four (24) hour telephone service for the purpose of contacting the Contractor inc the event of an emergency. This service shall consist of, but shall not be limited to, the telephone numbers and 7 i
COMMUNICATION personnel to contact at the Contractor's facility, . SYSTEM
-- and the names and home telephone numbers of at least (Cont'd.) three (3) of the Contractor's personnel.who can l
l respond to notification at the times the Contractor's facility may be closed. RESPONSE The Company will advise Contractor approximately NOTIFICATION seventy-two (72) hours prior to requisition for training, drills and/or exercises, and approximately fifteen (15) minutes for an actual emergency, at which times Contractor will determine and assign for the Company's immediate use those available vehicles not already committed under any prior Contracts. , Vehicles under contract with the local school districts and not immediately available for the Company's use shall complete the work associated with the contract, and shall return promptly to the Contractor's bus storage yard. At time of vehicle return, the Contractor shall notify the Company's authorized representative and make available the f required requisitioned vehicles. The Contractor l shall not be penalized by retainer price reduction in the event the Company's requisition coincides with the time when all vehicles are under prior commitment provided the Contractor has submitted the required 8 l
BESPONSE vehicle data as set forth in the Terms of Payment NOTIFICATIOY provision. (Cont'd.) INSURANCE During the period of Company's use of the vehicles or personnel or both, the Company shall be solely responsible for all negligent acts or omissions, and will defend. indemnify and hold Contractor harmless from and against all loss, damage (whether to Contrac' tor's vehicles or'otherwise), and for bodily injury or death, including all claims for Workmen's Compensation for employees, arising out of or in any way connected with all negligent use of the vehicles pursuant to this agreement. The Company hereby agrees to maintain, for the entire period of use of the vehicles or personnel or both, insurance coverage (including self-insurance) in accordance with the requirements sstablished in the Certificates of Insurance which are attached hereto and form a part hereof, in an aggregate amount sufficient to meet all obligations under the preceding paragraph. Insurance coverage will commence at such time as the Contractor's vehicles are available and ready for the company's use and will terminate when the vehicles are returned to the Contractor. _ _ - - - - - - - - - - - _ 9
TERMINATION At any time after one (1) year after'the effective
'date of this Contreet, the Company and Contractor ,
~
aach reserve the right to terminate this. Contract upon not less than ninety (90) days prior written notice to the other specifying the termination date. Should the termination date not coincide with a retainer payment period, the payment shall than be apportioned between the parties on a daily basis, pro-rata to the date of termination. ASSIGNMENT OF The Contractor agrees that it shall not assign CONTRACT this Contract er any portion thereof to any person, partnership, company or corporation not satisfactory to the Company, and shall not make such an assignment until the prior written permission of the Company has been received. Any such assignment shall be void if made without the Company's prior written permission. ACCEPTANCE This agreement shall be governed by the laws of the State of New York, and shall remain in effect for the five (5) year period commencing Jom2ary 1,19&C and terminating at 12 o' clock mid-nightDecember 31, 1988 Any extension of the aforementioned period shall be mutually agreed upon and shall be expressed in a writing duly signed by both parties. 10
In Witness thereof, the parties have signed this Agreement as of the day and year first above written. , Long Island Light e onpany
,y: , <baw' A.W.Woffg$
Vice President Purchasing Starlite But. Co., Inc.
\ < . .p ,,, Ga e ox ~
Title Ax[h , W O e 11
. n .
1-I j SCHEDULE A i . j - School Bus and Passenaer Van ,
~
. Availability and Price List -
.(A) Vehicle Availability and Location Yahicles l Description Total Available 40 Passenger School Bus 60 15 Passenger Van -
12 Passenger Van - 7 Passenger Van - l I j (B) Pricina j (1) Unmanned Vehicles Unit Price /Hr., 40 Passenger School Bus $
- 15 Passenger Van $
' 12 Passenger Van $ 4 7 Passenger Van $ 1 ] (2) Msnned Vehicles-(Straight Time Basis) Unit Price /Hr. 40 Passenger School Bus $ < 15 Passenger Van $ 12 Passenger Van $ j 7 Passenger Van $ i l (3) Manned Vehicles-(Overtime Basis) Saturday & in ! Excess of Sunday & I Normal Day Bolidays J Unit Price /Br. Unit Price k 40 Passenger School Bus $ $ 15 Passenger Van $ $ j 12 Passenger Van $ $ i 7 Passenger Van $ $ l i i 4 s 12 1
'~
" Cert g -
reses ctRhett et essuto As A MAT tw s c e Rt p eceri oOs s Not ActNo t ust ANo Acouss et ActNCY COMPANIES AFFORDING COVERAGES Maruts & Wr eman, 2hc. 1221 Avermae of the Americo. New York, Mar 1bek 10020 f= r' A Prxm e zasarsome < - sry m na moacomssOF sesuRto fMi' B E "m" C eO,.PA ~ x=, rans s w~. om - 250 ou oczatry mand nHn.ni=: JInw Ybek 11501 C "**"' D fMi' E um is to -u^, that pokoes of ensurance hsted betow have been rssued to tne ensured re. a ecove and ere in force et thes twee Peotetnstawng eay requPement. term o cone. tion 2 eny contract or other document =th respect to which trus cerefcete eney be maued or eney pertain, the wesurance efforced by the poices desenbed nerein es suenect to si' the arms. emelussons and cendrbons of such pohcies. 9TT17 Tvrt Or msum ANCE Poucy NuustR Limits of Liebiasty in Thousands 1000) E txPiREces oAtt guEph E
'00'EG"'I C.INERAL LIABILITY l
, 3 A CO=PetacNsivt roaw 552-3955 0 Pee ists.-CPERAT.ONs 6/27/84 PROPtRivoA A:t i 5 E A PL AND COLLAP$t OumDtRGROuNDNA1Apo
] PROOuCT5towPLFTtD OPERATONS NA2ARO CONTRACTUAL pe$uRAseCE BOD'tv INJURV AND
] E810AD F PROptRiv PROPERTv DAMAGE COW 8WCC Sh000 5 5#0 INDEPENDENT CONTRACTORS MR$0NAL WJun PtP50NAL INJupv I AUTOMOBILE LIABILITY BODeL* rN>ue.
(E AC M PE RSON! I
?
COMPREMTes$svt FORnr goorty mjup, 1 O WNE D HIRED PRO W VDAMAGE S f, NONowNED 80Detv INJune AND 5 PROPERTY DAM.GE COue'NE C EXCESS LIA61LITY 90DILv18eJupv AND W9RELLA FOnne PROPERTv oAMAGE I I , oTMER THAPiuhe8RELLA FORM COM8setD [ I WORKER $* COMPENSATION STAtutoev i and EMPLOYER $' LIABILfT) I
,w ., ce m.
OTHER IhPTC8e OF OP'WTIOpeS40CAf TON $NtHICLt$ $LCO-Local Emergency Response Organization services to be provided: to make 'vailtble lasses and vans (and possi117 drivers and maAntenance personnel) as ' becribed in a contractual agree:nent affective January 1,1984. Cancellation: Should pony willany of the to endeavor "above mail descged policies be cancelled before the expiration date thereof the issuing com-days written rv tice to the below named carrtificate holder. Dut failure to mail such notice shallimpose no obligation or liabmty of any kind upon the company. Namt ANo acoRess Or CtnTercAf t HOLotR oAft asur, January 11. M 84 starlite Bus ccampany, Inc. 100 Deposit Road ' East Northport, N.Ye, 11731 - AUTHORtr[gt PRidNMhyt l V l l
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ASSOCIATED ELECTRIC & GAS INSURANCE SERVICES LIMITED Hamilton, Bermuda CERTIFICATE OF INSURANCE , The undersigned hereby certify that the following described insurance is in force at this date with Associated Electric & Gas Insurance Sarvices Ilmited. NAME OF INSURED: Long. Island Lighting Company PRINCIPAL ADDRESS: 250 Old Country Road Mineoln, New York, 11501 POLICY NUMBER: 040 NJ !
, POLICY PERIOD: FROM: January 1,1984 'IO: Continuous until cancelled LIMIT OF LIABILITY: $15 million, eacn occurrence excess of and participating with any ot.her valid and collectible insurance.
DESCRIPTION OF COVERAGE: Eodily injury, property damage, personal injury, contractual liability. l This document is furnished to you as a matter of information only. The issuance of this document does n:t make the person or organization to whom it is issued an additional assured, nor does it modify in any m .nner the contracts of insurance between the Insured and the Insurers. Any amendment, change or , extension of such contracts can only be effected by specific endorsement attached thereto. Should the above mentioned contract ofinsurance be cancelled, assigned or changed during the above named policy period in such manner as to affect this document, we will endeavour to give notice to the holder cf this document. .
- . ~ /
DATE: Januare ll, 1984 Starlite Bus Company, Inc. f ISSUED'IO: l ADDRESS- 100 DeDosit Road, East Northport. N_Y_ 11 131 AEGIS INSURANCE SERVICES, INC. BY: , At J;rsey City, NewJersey senigsomns.a CC: Sandra Johnson
ATTACm1CNT 9 l l
/E C'O Aanr&detseWM LONG ISLAND LIGHTING COM PANY 175 EAST OLD COUNTRY ROAD
- H IC K 5VI LLE. NEW YO R K .118 01 Direct Dial Number January 24, 1984 Suburbia Bus Corp.
P.O. Box 358 Hount Sinai, NY 11766 Attention: Mr. Bruce Acker, Secretary Treasurer
Subject:
Shoreham Nuclear Power Station Local Emergency Responce Plan Gentlemen: We are enclosing herewith one (1) copy of the agreement covering your furnishing unmanned and/or manned vehicles for the subject proj ect , which has been executed by the Long Island Lighting Company. Purchase Order Number 368370 has been assigned to this agreement. Please note this Purchase Order Number on all invoices to be submitted in connection with this agreement. Very truly yours. Q ~omas T J.WH 1 TJH/cpc cc: J. A. Weismantle (2) Internal Audip LERO File _V Purchasing Department , 1 e
xCONEORMED. COPJ This Agreement made as of the _ first day of January 19,31, by and l l botween Long Island Lighting Company, a New York Corporation having 250 Old Country Road, Minsola, New ito principal place of business at
~
, a New York York _(" Comp any") ; and Surburbia Bus Cbro.
l . I Corporation, having its principal place of business at P.O. Box 358, > bunt Sinai, N.Y. 11766 (" Contractor").
/
Witnesseth: SdOPE The Company hereby retains the Contractor to furnish the forth in required unmanned and/or manned vehicles as. set Schedule "A" which is attached hereto and forms'a part hereof, on an "as svailable" basis for the Company's Local Emergency Response Plan for the Shoreham Nuclear Power Station. To support said plan, the Contractor agrees, promptly after notification of a drill, exercise, or emergency, to make available all requisitioned vehicles and personnel (if required), for the Company's use, and will supply fuel, keys, certificates of registration, license plates, tags, etc., so that the vehicles can be placed in use promptly by the Company's authorized personnel. All vehicles supplied by'.the S O 1
~ '
'. : s l SCOPE Contractor will be in good operational condition and (Cont'd.) safe and fit f or use, and any drivers thereof will be
. duly licensed as customarily required by the Contractor.
l l
- In consideration of the Contractor's agreement and consent as set forth above, the following shall govern all work and service to be furnished hereunder:
UNMANNED For the furnishing of unmanned vehicles for drills, VEHICLES exercises, and emergencies, the Company will take possession, and acknowledge receipt of vehicles at the Contractor's bus storage yard at the time of requisition. The Company' will retui:_ the vehicles at the conclusion of its use to the Contractor's bus storage yard. A receipt and survey form for any requisitioned vehicles shall be filled out and completed by the Company and Contractor prist to vehicle furnishing and upon vehicle return. The vehicles furnished shall be in good, safe, operational condition and will be utilized only in the same manner and for the same purpose as is performed in the Contractor's normal mode of business. The vehicles 1 l 1
o ; ~ l l UNMANNED will be returned in the same condition, reasonable VEHICLES wear and tear excepted. Upon its return, all (Cont'd.) vehicles shall be checked and inspected by the driver and by representatives of both the Company and Contractor, noting deficiencies and damages, if any. Claims for deficiencies and/or damages will not be considered beyond those noted at time of vehicle return. All vehicles will be fueled and completely checked prior to departure and refueled and completely checked upon
- return.
The Company will designate and authorize as drivers of requisitioned vehicles only those persons who hold valid New York State licenses lawfully permitting them to drive the particular requisitioned vehicles and who have received Emergency Preparedness Training. The Company will secure, update on an annual basis and maintain on file for the Contractor's review, New York State driver's license abstracts of all drivers assigned to this program. The Company will submit to the Contractor on or before sixty (60) days after contract execution, a record of all drivers assigned to this program listing the class of license, license number and expiration date of license. l t 3 l l l
i VERICLE The vehicles shall be furnished for a minimum lease
~
LIMITATION period of four (4) hours. e MAKNED Supplementing all of the aforementioned terms and VERICLES' conditions, in the event the Contractor furnishes manned vehicles, the vehicles and drivers will be utilized only in the same manner and for the same purpose as is performed in the Contractor's normal mode of business. Contractor's drivers shall have received Emergency Preparedness Training prior to vehicle operation. This training shall be at the Company's expense and at a mutually agreed upon time and place. ANNUAL The Company shall pay the Contractor annually for a i RETAINER five (5) year period a retainer to reimburse the PRICE Contractor for its administrative costs involved in this agreement, f or providing 190 Buses 9 $ / year / bus, and for providing 0 vans 6 $ / year / van, all subject.
'however, to the prior rights of the local school districta under contracts with the Contractor, in the unlikely event of an accident at the Shoreham Nuclear Power Station. ,
4
*;o For use of all manned ~and/or unmanned vehicles PRICE BASIS furnished hereunder, the Company shall pay the ,
1 l Contractor the service rates as specified in Schedule hereof.
"A", which is attached hereto and forms a part For use of manned vehicles straight-time service rates
.~
will be based upon the normal work day, Monday through Friday. Overtime will consist of time worked in excess of the normal work day or time worked on Saturdays, Sundays and Boli. days. Bolidays will be those customarily observed by the Contractor. For Emergency Preparedness Training, the Company shall pay the Contractor the driver's straight time hourly rates, which includes the base hourly rate, contractual benefits and statutory costs, plus an Administrative Adder of 10%. Contractor shall supply certified payrolls with the invoice. For refueling of vehicles, the Company shall pay the Contractor for fuel, invoiced at cost plus a 10% adder. 1 l l 5 1
*..r l
PRICE The service rates detailed herein are subject to BASIS adjustment, to reflect any increase resulting from (Cont'd.-) any negotiated agreements reached with Labor Unions representing Contractor's employees, any general rate increase to Contractor's employees, and any increase in statutory obligations. All increases are to be supported and substantiated by documentation and calculation, and shall become affective on the date of such increase. The service rates during the normal work day shall , commence when the requested manned or unmanned vehicles are available and ready for service. These rates will terminate at time of vehicle return and immediate checkouc. For requests beyond the normal work day or on Saturdays, Sundays and/or Holidays, the service rates will commence at time of request and will terminate at time of vehicle return and immediate checkout. TERMS OF Terms of Payment shall b'e in accordance with the PAYMENT following:
- 1) The Company shall pay Contractor's annual retainer price pro rata payments in advance on a 1
I l 6 1 l l
, ,, .- -e .,-~-,,,,-w--. - , , , ---w- , . - ,.,,w -
y ,s - TERMS OF quarterly basis, provided the Contractor submits PAYMENT invoices for the following quarter not earlier than (Cont'd.) the 1st day of the 3rd month of each quarter, detailing the type and the total number of vehicles being made
- available to the Company, the available vehicles under prior commitment, the available vehicles not under prior commitment, vehicle yard location, seating capacity and Invoices shall be paid identification and plate numbers.
on a net thirty (30) day basis after receipt, review and acceptance of invoices.
- 2) The Company shall pay Contractor's vehicles and personnel service rates ou a net thirty (30) day basis, provided invoices have been received which substantiate all service details, including, but not limited to, purpose, date, hours of use, vehicle location and identification number.
COMMUNICATION At time of Contract execution, the Contractor SYSTEM shall make available to the Company a continuous, twenty-four (24) hour telephone service for the of purpose of contacting the Contractor in the event
~
an emergency. This service shall consist of, but shall not be limited to, the telephone numbers and
- 5
_ __________D _ _ _ . _
COMMUNICATION personnel to contact at the Contractor's facility, SYSTEM and the names and home telephone numbers of at least (Cont'd.) three (3) of the Contractor's personnel who can respond to notification at the times the Contractor's facility may be closed. RESPONSE The Company will advise Contractor approximately NOTIFICATION seventy-two (72) hours prior to requisition for training, drills and/or exercises, and approximately fifteen (15) minutes for an actual emergency, at which times Contractor will determine and asaign for the Company's immediate use those available vehicles not already committed under any prior Contracts. Vehicles under contract with the local school districts and not imm'diately e available for the Company's use shall complete the work associated with the contract, and shall return promptly to the Contractor's bus storage yard. At time of vehicle return, the Contractor shall notify the Company's authorized representative and make available the required requisitioned vehicles. The Contractor shall not be penalized by retainer price reduction in the avant the Company's requisition coincides with the time when all vehicles are under prior commitment provided the Contractor has submitted the required 8
I . RESPONSE vehicle data as set forth in the Terms of Payment NOTIFICATION provision. (Cent'd.) INSUkANC$ During the period of Company's use of the vehicles or personnel or both, the company shall be solely responsible for all negligent acts or omissions, and will defend, indemnify and hold Contractor harmless from and against all loss, damage (whether to Contractor's vehicles or otherwise), and for bodily injury or death, including all claims for Workmen's Compensation for employees, arising out of or in any way connected with all negligent use of the vehicles pursuant to this agreement. The company hereby agrees to maintain, for the entire period of use of the vehicles or personnel or-both, insurance coverage (including self-insurance) in accordance with the requirements established in the Certificates of Insurance which are attached hereto and form a part hereof, in an aggregate amount sufficient to meet all obligations under the preceding paragraph. Insurance coverage will commence at such time as the Contractor's vehicles are available and ready for the Company's use and will terminate when the vehicles are returned to the Contractor. 9
s
- 5* .
TERMINATION At any time after one (1) year after the effective date of this Contract, the Company and Contractor
- - each reserve the right to terminate this Contract upon not less than ninety (90) days prior written notice *to the. other specifying the termination'dage.
Should the termination date not coincide with a retainer payment period, the payment shall than be apportioned between the parties on a daily basis, pro-rata to the date of termination. ASSIGNMENT OF The Contractor agrees that it shall not assign CONTRACT this Contract or any portion thereof to any person, partnership, company or corporation not satisfactory to the Company, and shall not make such an assignment until the prior written permission of the Company has been received. Any such assignment shall be void if made without the Company's prior written permission. ACCEPTANCE This~ agreement shall be governed by the laws of the State of New York, and'shall remain in effect for the
~
five (5) year period commencing Jaraucy 1,1984 and terminating at 12 o' clock mid-night h n=v7 ar' 11. 1988. Any extension of the aforementioned period shall be mutually agreed upon and shall be expressed in a writing duly signed by both parties. 10
. y. .
( j signed this Agreement as of the In Witness thereof, the' parties have day and year first above written. , Long Island Lightin Company l By: /2). b i A.W.Woffp Vice President Purchasing l k 95 ^
- 4a Bus Corp. -
By: [D ' f Title e e G 9 G I 11
**e,
- 3CHEDULE A l gehool Bus and Passenger Van
_ Availability and Price List (A) _Vehicle Availability and Location
~
Vehicles Description Total Available
~ 190 40hasaangerSchoolBus .
- l 15 Passenger van -
l 12 Passenger Van - l 7 Passenger Van (B) Pricing Unit Price /Hr. (1) Unmanned vehicles 40 Passenger School Bus $ __ 15 Passenger Van $ 12 Passenger Van 7 Passenger Van $ Unit Price /Br. (2) Manned Vehicles-(Straight Time Basis) 40 Passenger School Bus $ 15 Passenger Van $ 12 Passenger Van $ 7 Passenger Van Saturday & in (3) Manned Vehicles-(Overtime Basis) Excess of Sunday & ! Normal Day Holidays Unit Price /Hr. Unit Price /Hr 40 Passenger School Bus __ 15 Passenger Van $ 12 Passenger Van $ 7 Passenger van e e O W 12
Cert icate of Ins a T He% C E RTIf4 ATc f5 ISSUtD A5 4 1947 R 98 PNF SRMAT . Oset y A
- C 048 e THt5 CERTe8scATE Dots NOT EMENO E f esO est At i t R HE COwf R < *Af a 2 AND acoRt.ss or ActNCY COMPANIES AFFORDING COVERAGE $
Marsh I, meTmman, Incorporated 1221 Avenne of the America. car A xington zn.ur.ne. co. New York, New York 10020 '
=rB
_,,,, g 2 o == or ==o
. . LETTER ..
. haaig Taland Lighting company 3 150 Old country Road =rD u anumM m,'New York 115o1 m
=rE E b is to certffy that pahams of ensurance hsted below have been asued to the insured named etere and are in force et tnts time. f9ofw@stending any requireret, term or condition )
, any contract or other document etth respect to whsch this cartrhcete may be maued or may pertent, the insurance afforced by the poeces desenbod herein is subrect to all ne ' $s exclusens ered candrbons of sutti poboes. f L6rnits of Liability in Thousands (oo5) m-
$ ' TvrtoF WesURANCE PoLCY psUM8tR EXPIRA lo DATE OCCU L
NCE l"GCRtCATL l CENERAL LIABILITY ,, g , l
~
t wPRtatNsut roR- 552-3955 6/27/84 PRtMistS-CPERATIoNS PROPtRTY DAM AGE s s
]EAPt son ANo COLLAPst O uNotRcRoumo NAzARo O PRoooc'5co Ptt'to OPERATeoms HA2ARD gootty spOURY ANo O Co-RACru i sura.ct P.oPtRrvoA Act s1,ooo $5,ooo PRoetRTV CoM8tNto
] BROAD
( 0 ot,tNotN1 Co.<rRACroRs PERSONAL MJURY pgg$oggg ,gjggy $ L [ AUTOMOBILE LIABILTTY gv4Ng g CowPRtMENsrvt roRw googty eq39ay i f OwNtD i E HlRco BootLY INJURY ANo 2 O NONCwNtD PROPERTY oAM AGE I L' CousiNED EXCESS LIABILITY BoottVINJURY AND D u .RettA roR- _ R,,oA.Aot s s O ov-(RrNAs.u attoA co..,Nto ropu WORKER $* COMPENSATsON stAtutoRv +' and EMPLOYER $' LIABILITY .i.c . c. , l OTHER 1 umuu pRevoN ce oPtRAroNsrotAttomsStactes $LCO - Local Emergency Easponse Organization services to be provided: to make yailable buses and vans (and possibly drivers and maintenanea personnel) as ! scribed La a contractual agreement affective January 1, 1984. Cancesstion. Shou ld any of the above described policies be cancelled before the expiration date thereof, the assuing com-
. pony will endeavor to mail 10 days written notice to the below named certificate holder. but failure to vnali such notice shallimpose no obligation or liability of any kind upon the company.
paAME Ape AooRcss Of CEfrTsFCATt HOLDER
' . Art sut. Kan==vy 1. 1984 sun.rdia n aer,. ,~
P. o. Box 358 Mk. Binai, N.Y. 11766 . r N-o ctPRestmAtut {- m, o..., V ;
; T' O .
ASSOCIATED ELECTRIC & GAS INSURANCE SERVICES LIMfTED HamHton, Bermuda CERTIFICATE OF INSURANCE - The' undersigned hereby certify that the following described insurance is in force at this date with Associated Electric & Gas Insurance Services Umited. NAME OF INSURED: Long Island LighP.ing Company PRINCIPAL ADDRESS: 250 Old Country Road , ' Mineola,.New York 11501 POUCY NUMBER: c40 : POUCY PERIOD: FROM: January 1, 1984 TO: Continuous until cancelled. UMIT OF UABIUTY: $15 million, each occurrence excess of and participating with any other valid and collectible insurance. ~ i DFSCRIPTION OF COVERAGE: Bodily injuricontractual b abroperty damage, personal injury, ility. This documentis fumished to you as a matter ofinformation only. The issuance of this document does not make the person or organization to whom it is issued an additic.4.21 assured, nor does it modify in any manner the contracts ofinsurance between the Insured and tle Insurers. Any amendment, change or
, extension of such contracts can only be effected by specific endorsement attached thereto.
Should the above mentioned contract ofinsurance be cancelled, assigned or changed during the above named policy period in such manner as to affect this docament, we will endeavour to give notice to the holder of this document. DATED: January 3, 1984 ISSUED TO: suburbia Bus Corp. P. O. Box 358, Mt Sinai, N.Y. 11766 l ADDRESS: l ASSOCIATED COMPANY NAGEMENT OF EBASCO UMITED f
- BY:
i _ _ ]__ At Hamilton, Bermuda
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ATTACHMENT 10 l
.. l
/Eg*O LONG ISLAND LIGHTING COM PANY l meramww 17 S CAST OLo COU NTRY Mo A o
- H ICKSVILLE. fd EW YCMK 11801 Drect Dial Number l
January 24, 1984 Suffolk Transportation Service Inc. 10 Moffitt Boulevard Bay Shore. NY 11766 Attention: Mr. John A. Corrado
Subject:
Shoreham Nuclear Power Station Local Emergency Response Plan Gentlemen: We are enclosing herewith one (1) copy of the agreement covering your furnishing unmanned and/or manned vehicles for the subject project, which has been executed by the Long Island Lighting Company. . Purchase Order Number 368371 has been assigned to this. ogreement. Please note this Purchase Order Number on all invoices to be submitted in connection with this agreement. Very truly yours, T omas J. 211 TJH/cpc cc: J. A. Weismantle (2)
~
Internal Audit -" LERO File /
- Purchasing Department l
O CONEORMED COPY This Agreement made as of the first day of January 1984, by and botveen Long Island Lighting Company, a New York Corporation having its' principal place of business at 250 Old Country Road, Mineola New York (" Company"); and Suffolk Transportation Service Inc., a New York 10 Moffitt Corporation, having its principal place of business at Blvd., Bay Shore, New York 11706 (" Contractor"). Witnesseth: SCOPE The Company hereby retains the Contractor to furnish the required unmanned and/or manned vehicles as set forth in Schedule "A" which is attached hereto and forms a part hereof, on an "as available" basis for the Company's Local Emergency Response Plan for the Shoreham Nuclear Power Station. To support said plan, the Contractor agrees, promptly after notification of a drill, exercise, or emergency, to make availsble all requisitioned vehicles and personnel (if required), for the Company's use, and will supply fuel, keys, certificates of registration, license plates, tags, etc., so that the vehicles can be placed in use promptly by the Company's authorized personnel. All vehicles supplied b'y the e I 1 i
- r. . .__._.7 , ,, ,
?.
o l l Contractor will be in good operational condition and SCOPE l-(Contd.) safe and fit for use, and any drivers thereof will be duly licensed as customarily required by the Contractor. In consideration of the Contractor's agreement and consent as set forth above, the following shall govern all work and service to be furnished hereunder: UNMANNED For the furnishing of unmanned vehicles for drills, VEHICLES exercises, sud energencies, the Company will take possession, and acknowledge receipt of vehicles at the Contractor's bus storage yard at the time of requisition. The Company will return the vehicles at the conclusion of its use to the Contractor's bus storage yard. A receipt and survey form for any requisitioned vehicles shall be filled out and completed by the Company and Contractor prior to vehicle furnishing and upon vabiele return. The vehicles furnished shall be in good, safe, operational condition and will be utilized only in the saae manner and for the same purpose as is performed in the Contractor's normal mode of business.. The vehicles O l
condition, reasonable UNMANNED will be returned in the same :
~ sea'r and tear excepted. Upon its return, all YEBICLES (Cont'd.) vehicles shall be checked and inspected by the driver and by representatives of both the Company and Contractor, noting deficiencies and damages, if any.
Claims for deficiencies and/or damages will not be considered beyond those noted at time of vehicle return. All vehicles will be fueled and completely checked prior to departure and refueled and completely checked upon , return. The Company will designate and authorize as drivers of requisitioned vehicles only those persons who hold valid New York State licenses lawfully permitting them to drive the particular requisitioned vehicles and who have received Emergency Preparedness Training. The Company will secure, update on an annual basis and maintain on file for the Contractor's review, New York State driver's license abstracts of all drivers assigned to this program. The Company will submit to the Contractor on or before sixty (60) days after contract execution, a record of all drivers assigned to this program listing the class of license, license number and expiration date of license.. 3 i
[. . l l l VEHICLE The vehicles shall be furnished for a minimum leas'e LIMITATION period of four (4) hours. MANNED Supplementing all of the aforementioned terms and VEHICLES conditions, in the event the contractor furnishes manned vahicles, the vehicles and drivers will be utilized only i in the same manner and for the same purpose as is performed in the Contractor's normal mode of business. Contractor's drivers shall have received Emergency Preparedness Training prior to vehicle operation. This training shall be at the Company's expense and at a mutually agreed upon time and place. ANNUAL The Company shall pay the Contractor annually for a RETAINER five (5) year period a retainer to reimburse the PRICE Contractor for its administrative costs involved in this agreement, for providing 187 Buses 9 $ / year / bus, and ' for providing 0 Vans 6 $ / year / van, all subject, however, to the prior rights of the local school districts under contracts with the Contractor, in the i unlikely evene of an accident at the Shoreham Nuclear Power Station. 4 l
l FRICE For use of all manned and/or unmanned vehicles l BASIS 16rn'ished hereunder, the Company shall pay the , Contractor the service rates as specified in Schedule l
"A", which is attached hereco and forms a part hereof. 1 I
l l l For use of manned vehicles straight-time service rates will be based upon the normal work day, Monday through Friday. Overtime will consist of time worked in excess of ; I the normal work day or time worked on Saturdays, Sundays and Holidays. Bolidays will be those customarily observed by the Contractor. For Emergency Preparedness Training, the Company shell pay the Contractor the driver's straight time hourly rates, which includes the bcse hourly rate, contractual benefits and statutory costs, plus an Administrative Adder of 10%. Contractor shall supply certified payrolls with the l invoice. l For refueling of vehicles, the Company shall pay the Contractor for fuel, invoiced at cost plus a 10% addet. i i e I i 5
l FRICE The service rates detailed herein are subject to BASIS adjustment, to reflect any increase result,ing from l (Cont'd.) any negotiated agreements reached with Labor Unions
. representing Contractor's employees, any general rate i
j increase to Contractor's employees, and any increase in statutory obligations. All increases are to be supported and substantiated by documentation and calculation, and shall become effective on the date of such increase. The service rates during the normal work day shall commence when the requested manned or unmanned vehicles are available and ready for service. These rates will terminate at time of vehicle return and immediate checkout. For requests beyond the normal work day or on Saturdays. Sundays and/or Holidays, the service rates will commence at time of request and will terminate at time of vehicle return and immediate checkout. TERMS OF Terms of Payment shall be in accordance with the PAYMENT followingt
- 1) The Ccapany shall pay Contractor's annual retainer price pro rata payments in advance on a m
6 6
l l TERMS OF quarterly basis, provided the Contractor submits '
- 1 FAYMENT invoices for the following quarter not ear. lier than l l
(Cont'd.)
~
l the 1st day of the 3rd month of each quarter, detailing
. the type and the total number of vehicles being made availabic to the Company, the available vehicles under prior commitment, the available vehicles not under prior commitment, vehicle yard location, seating capacity and identification and plate numbers. Invoices shall be paid 1
l on a net thirty (30) day basis after receipt, review and I l acceptance of invoices. 1
- 2) The Company shall pay Contractor's vehicles and personnel service rates on a net thirty (30) day basis, provided invoices have been received which substantiate all service details, including, but not limited to, purpose, date, hours of use, vehicle location and identification number.
I I COMMUNICATION At time of Contract execution, the Contractor SYSTEM shall make available to the Company a continuous, twenty-four (24) hour telephone service for,the purpose of contacting the Contractor in the event of an emergency. This service shall consist of, but shall not be limited to, the telephone numbers and 7
l l 1 COMMUNICATION personnel to contact at the Contractor's facility, and the names and home telephone numbe,rs of at least
~~ ~
SYSTEM' (Cont'd.) three (3) of the Contractor's personnel who can respond to notification at the times the Contractor's facility may be closed. RESPONSE The Company will advise Contractor approximately NOTIFICATION seventy-two (72) hours prior to requisition for l training, drills and/or exercises, and approximately l fifteen (15) minutes for an actual emergency, at which times Contractor vill determine and assign for the Company's immediate use those available vehicles not already committed under any prior Contracts. Vehicles under contract with the local school districts and not immediately available for the Company's use shall complete the work associated with the contract, and shall return promptly to the Contractor's bus storage yard. At time of vehicle return, the Contractor shall notify the Company's authorized representative and make available the required requisitioned vehicles. The Contractor shall not be. penalized by retainer price reduction in I the event the Company's requisition coincides with t . the time when all vehicles are under p-ior commitment l provided the Contractor has submitted the required 8
RESPONSE vehicle data as set forth in the Te12s of Payment NOTIFICATIOR provision. , (Cont'd.) 1 INSURANCE During the period of Company's use of the vehicles or personnel or both, the Company shall be solely responsible for all negligent acts or omissions, and will defend, indemnify and hold Contractor harmless from and against all loss, damage (whether to i Contractor's vehiciss or otherwise), and for bodily l injury or death, including all claims for Workmen's Compensation for employees, arising out of or in any way connected with all negligent use of the vehicles pursuant to this agreement. The Company hereby agrees to maintain, for the entire period of use of the vehicles or personnel or both, insurance coverage (including self-insurance) in accordance with the requirements established in the Certificates of Insurance which are attached hereto and form a part hereof, in an aggregate amount sufficient to meet all obligations under the preceding paragraph. Insurance coverage will commence at such time as the Contractor's vehicles are available and ready for the Company's use and will terminate when the vehicles are returned to the Contractor, m
TERMINATION At any time after one (1) year after the effective date of this Contract, the Company and Contractor
.' each reserve the right to terminate this Contract upon not less than ninety (90) days prior written
~ notice to the other specifying the termination date.
Should the termination date not coincide with a retainer payment period, the payment shall than be apportioned between the parties on a daily basis, l pro-rata to th( date of termination. ASSIGNMENT OF The Contractor agrees that it shall not assign CONTRACT this Contract or any portion thereof to any person, partnership, company or corporation not satisfactory to the Company, and shall not make such an assignment until the prior written permission of the Company has been received. Any such assignment shall be void if made without the Company's prior written permission. ACCEPTANCE This agreement shall be governed by the laws of the State of New York, and shall remain in effect for the five (5) year period commencing January 1, 1984 and terminating at 12 o' clock mid-night Decemb'er 31, 1988. Any extension of the aforementioned period , shall be mutually agreed upon and shall be expressed in a writing duly signed by both parties. 10
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l In Witness thereof, the parties have signed this Agreement as of the l' day and year first above written. Long Island Light , Comp y By: M /g I ., A . W . Wo fd'o6;A Vice President Purchasing S olk Transporta on Service nc. I 'd By:
Title:
f' l W 11
SCHEDULE A School Bus and Passenger Van
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Availability and Price List (A)- Vehicle Availability and Location Vehicles Description Total Available 40 Passenger School Bus 187 15 Passenger Van - 12 Passenger Van - 7 Passenger Fan - (B) Pricing (1) Unmanned Vehicles Unit Price /Hr. 40 Passenger School Bus $ 15 Passenger Van $ 12 Passenger Van $ 7 Passenger Van $ (2) Manned Vehicles-(Straight Time Basis) Unit Price /Hr. 40 Passenger School. Bus $ 15 Passenger Van $ 12 Passenger Van $ 7 Passenger Van $ (3) Manned vehicles-(overtime Basis) Saturday a in Excess of Sunday & Normal Day Holidays Unit Price /Hr. Unit Price /Hr 40 Passenger School Bus $ $ 15 Passenger Van $ $ 12 Passenger Van $ $ 7 Passenger Van $ $ 12
Cert j. .. l. j@e . . . . . . . . , . i.e.s CERTn c ATE is issuto As A .AT . ..o. inas CERTES eC ATE DOE 5 NOT A.E 8sO t 3 AMo A00 FESS of AGEPeCY COMPANIES AFFORDING COVERAGES Marsh & McLennen Zaco rated 1221 Avenne of tSe Amo cas 'A w asta= Insurance co. New York, New York 10020 Srx' B 3 Afeo AD0iESS & RESuRto LETTER Long Yaland Lighting Coupeay coup'~'
"'" D 250 Old country Road Beineola, New York 11501 co .ev E.c LETTen nt. term o. conoiton l2D s to cerisfy that poboes of msurance ksted below have been issued to the insured named above and are m force at this tame. f40twithstanding any re 3 any contract or other document with resomet to atuch thss cartrhcata may tie issued or may pertain, the ensurance afforced by the poh arms. asclusens and conertions of such ochcies.
l Limits of Liability in Thousands to00: Ei TYPt oF INSURA8eCE POLICT peuMet R gamn catt l oCCu NCE
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B GENERAL LIABILITY Cosm89tHipesivt FoRW 552-3955 6/27/84 PROPERTY DAM ACE $ $ l l PRtur$cS-OPERATION $ AssO COLLAP5E l ][KPL 0 u otRcRou o Auro
,cm , ,,,,,,, ,,,
O *agygTo,o,sw -igte PRootRiv oA Act it,Ooo 35,Ooo O co TRActuA< . sura cc CoMBiNto F PRoPERTv
] CRo 1 0, oc.c oC~T co TRACTORS Pt R50*:AL ingav 5 PtRSoh AL weMRV igv,im,3,un, o,, ,
AUTOMOS:LE LIABILITY 5 g)oit, iNjuev b Cow'#tHthsivt Fopu (cACM cClotNTj
] o "ao = o**^ct i O i co poo.tv shJuev AND I
PaoPtRTv DAuAGE Oseom4wNtc Cou R *NE D
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EXCESS LIABILITY Boost? INJu8Fv AND i s
,Ro,E RTV oA. Act D u . cotA FoR-co.., to O of tRT A u ttoA FORu "
stA?utoRv WORKERS
- COMPENS ATION and I
....,w E%PLOYERS* LIABILITY OTHER .tSCRipTeoM of OPERAT80*sMoCATaoN5NEMCLES LILCO - local Emergency Response Organization services to be pro'vided: to mako available buses and vans (and possibly drivers and maintenance personnel) as deceribed in a contractual agreement affective January 1,1984 l
l Concenathws: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- ' pany will endeavor to mail 1 days written notice to the below named certificate holder, but failure to mail such notice shallirnpose no obligation or liability of any kind upon the company. seAME A*C ADORES 5 oF CERTWCAf t HolotR Daft asuto _ .Taninary 1. 1984 l suffolk Transportation service, Inc. s - 10 Moffit Blvd. 11706 j ,,,,,,,,, Se7 m m , N.Y.
k ,. , ,
.7 .
ASSOCIATED ELECTRIC & GAS INSURANCE SERVICES LIMITED Hamilton, Bermuda l
. CERTIFICATE OF INSURANCE The undersigned hereby certify that the following described insurance is in force at this date with Associated-Electric & Gas Insurance Services Limited.
NAME OF INSURED: Long Island Lighting Company PRINCIPAL AD' DRESS. 250 Old Country Road Mineola, New York 11501 POLICY NUMBER: 040 POLICY PERIOD: FROM: January 1, 1984 'IO: Continuous until cancelled. LIMIT OF LIABILITY. $15 million, cach occurrence excess of and participating with any other valid and collectible insurance. DESCRIPTION OF COVERAGE: Bodily injury, property damage, personal injury contractual liability. i l This document is furnished to you as a matter of information only. The issuance of this document does not make the person or organization to whom it is issued an additional assured, nor does it modify it. cny manner the contracts ofinsurance between the Insured and the Insurers. Any amendment, change or extension of such contracts can only be effected by specific endorsement attached thereto. Should the above mentioned contract ofinsurance be cancelled, assigned or changed during the above named policy period in such manner as to affect this document, we will endeavour to give notice to the holder cf this document. DATE: January 3, 1984 ISSUED 'IO. Suffolk Transportation Service, Inc. ADDRESS. 10 Moffit Blvd., Bay Shore, N.Y. 11706 AEGIS IN URANCE SERVICES, INC. At J:rsey City, NewJersey l.h -
" * *'u*' _. _. _
ATTACHMENT 11
==.-e=_ _
,fE_4"O . LONG ISLAND LIGHTING COMPANY
,,. __ _ ,j 175 EAST O'i. D COUNTRY ROAD
- H IC K SVI L LE. NEW YORK 11801 j l
l Direct Dial Number - 1 Jcnuary 23, 1984 f l I i Hermon E. Svezey Co., Inc. ' 28 Station Road Bc11 port, NY 11713 Attention: Mr. Richard Geraine, Vice President
]
1 Stbject: Shoreham Nuclear Power Station Local Emergency Response Plan Gentlemen: We are enclosing herewith one (1) copy of the agreement covering your furnishing unmanned and/or manned vehicles for the subject project, which has been executed by the Long Island Lighting Company. Purchase Order Number 368372 has been assigned to this egreement. Please note this Purchase Order Number on all invoices to be submitted in connection with this agreement. Very truly yours, Thomas J ill TJH/das cc: J. A. Weismantle (2) , Internal Audi
- LERO File Purchasing Department -
?* C_ONFORMED COPY This Agreement made as of the first day'~ of January 1984, by and between Long Island Lighting Company, a New York Corporation having
~
its principal place of business at 250 Old Country Road, Mineola, New York (" Company"); and Hermon E. Svezey Co., Inc., a New York Corporation, having its principal place of business at 28 Station Road, Bellport, New York 11713 (" Contractor"). Witnesseth: SCOPE The Company hereby retains the Contractor to furnish the required unmanned and/or manned vehicles as set forth in Schedule "A" which is attached hereto and forms a part hereof, on an "as available" basis for the Company's Local Emergency Response Plan for the Shoreham Nuclear Power Station. To support said plan, the Contractor agrees, promptly after notification of a drill, exercise, s or emergency, to make available all requisitioned vehicles and personnel (if required), for the Company's
-? . .
~
.use, and will supply fuel.. keys, certificates of registration, license plates, tags, etc., so that the
.v b'icles can be placed in use promptly by the Ccmpany's authorized personnel. All' vehicles supplied by the e
0 1
- f. ,*
SCOPE Contractor wil5 be in good operational condition and
~
(Contd.) "saf'e and fit for use, and any. drivers thereof will be , duly licensed as customarily required by the Contractor. In consideration of the Contractor's agreement and consent as set forth above, the following shall govern all work and service to be furnished hereunder: UNMANNED For the furnishing of unmanned vehicles for drills, VEHICLES exercises, and emergencies, the Company will take possession, and acknowledge receipt of vehicles 4t the Contractor's bus storage yard at the time of requisition. The Company will return the vehicles at the conclusion of its use to the Contractor's bus storage
~
yard. A receipt and survey form for any requisitioned vehicles shall be filled out and completed by the Company
. and Contractor ;rior to vehicle furnishing and upon
~
vehicle return. . _ e.-
~
~2 The vehicles furnished'shall be'in good, safe, operational condition and will be utilized only in the same manner and for the same purpose as is' performed in
.the Contractor's normal mods of business. The vehicles 4
2 [
,--;- .u .
UNMANNED will be returbed in the same condition, reasonable VEHICLES - wea'r and tear excepted. Upon its return, all , (Cont'd.) vehicles shall be checked and inspected by the driver and by representatives of both the Company and Contractor, noting deficiencies and damages, if any . Claims for deficiencies and/or damages will not be considered beyond those noted at time of vehicle return. All vehicles will be fueled and complet'ely checked prior , to departure and refueled and completely checked upon return. , The Company will designate and authorize as drivers of requisitioned vehicles only those persons who hold valid
- New York State licenses lawfully permitting them to drive" the particular requisitioned vehicles and who have received Emergency Preparedness Training. The Company will secure, update on an annual basis and maintain on
- ~ file for the Contractor's review, New York State driver's i . license abstracts of all drivers assigned to this ,
program. The Company will ' submit to'the Contractor on or before sixty (60) days after contract execution, a record of all drivers assigned to this program listing the class of license, license number and expiration date of
. license.
l
' e l 3
~ n--- ,-n. ,,..n. - - - - . - - . , . - - , - - , , ,, ,-.,,.,,,--.-,.,,-v,, ,-..a a . , , , , -,--w, - , . - , ,
VEHICLE The vehicles shall b'e furnished for a minimum lease LIMITATION period of four (4) hours. MANNED Supplementing all of the aforementioned terms and
'YEHICLES. conditions, in the event the Contractor furnishes manned
! vehicles, the vehicles and drivers will be utilized only in the same manner and for ,the same purpose as is performed in the Contractor's normal mode of business. Contractor's drivers shall have received Emergency
^
Preparedness Training prior to vehicle operation. This training shall be at the Company's expense and at a mutually agreed upon time and place. ANNUAL The Company shall pay the Contractor annually for a RETAINER .five (5) year period a retainer to reimburse the i PRICE Contractor for its administrative costs involved in this agreement, for providing 29 Buses 9 $ / year / bus, and for providing 0 Vanc e $ / year / van, all subject. L' however, to the prior ' rights of the local, school districts under contracts with the, Contractor, in the unlikely event of an accident at the Shoreham Nuclear Power Station. 9 6 9 4 4 -
PRICE For use of all sanned and/or unmanned vehicles BASIS Estn'ished hereunder, ,the Company shall pay the , Contractor the service rates as specified in Schedule "A", which is attached hereto and forms a part b'ereof. For use of manned vehicles straight-time service rates
~
will be based upon the normal work day, Monday through Friday. Overtime will consist of time worked in excess of the normal work day or time worked on Saturdays, Sundays and Holidays. Holidays will be those customarily observed by the Contractor. For Emergency Preparedness Training, the Company shall pay
- the Contractor the driver's straight time hourly rates, whi~ch includes the base hourly rate, contraccoal benefits and statutory costs, plus an Administrative Adder of 10%.
Contractor shall supply certified payrolls with the -
~
_ , , . c: .. .. . invoice. For refueling of vehicles, the Company shall pay the Contractor for fuel, invoiced at cost plus a 10% adder. e e . 5 l
p_. PRICE The service rai'es detailed herein are subject to BASIS
- Adj'us tment , to r.eflect any increase resulting from .
(Cont'd.) any negotiated agreements reached with Labor Unions representing Contractor's employees, any general rate increase to Contractor's employees, and any increase in - statutory obligations. All increases are to be supported and substantiated by documentation and calculation, and shall become effective on the date of such increase. The service rates during the normal work day shall commence when the requested manned or unmanned vehicles are available and ready for service. These rates will terminate at time of vehicle return and immediate checkout. For requests beyond the normal work day or on Saturdays, Sundays and/or Holidays, the service rates will commence at time of request and will terminate at
.;' time of vehicle return and immediate checkout.
~
e . .
-4 TERMS OF . Terms of Payment shall'be in ade'ordance with the ,
following: '- PAYMENT ,
- 1) The Company shall pay Contractor's annual retainer price pro rata payments in advance on a 6 ,
i
. l
- p. ----
TERMS OF quarterly basis, provided the contractor submits PAYMENT
- invoices for,the following quarter not earlier than ,
l (Cont'd.) the 1st day of the 3rd month of each quarter, detailing the type and the total number of vehicles being made available to the Company, the available vehicles under
. prior commitment, the available vehicles not under prior commitment, vehicle yard location, seating capacity and i identification and plate numbers. Invoices shall be paid 4
on a net thirty (30) day basis after receipt, review and acceptance of invoices.
- 2) The Company shall pay Contractor's vehicles and personnel service rates on a net thirty (30) day
- basis, prcvided invoices have been received which substantiate all service details, including, but not limited to, purpose, date, hours of use, vehicle
- - location and identification number.
., _ n . .. : , -
- W;*
7 a i.. COMMUNICATION At time of Contract execution, the Contractor ' '
' SYSTEM shall make available'to'the Company a continuous,
- a. . . -
twenty-four (24) hour telephone service for the ' purpose of contact,ing the Contractor in~the event of
.- an emergency. This service shall consist of, but I shall not be limited to, the telephone numbers and r
I l
)
7 . I ( -
1 COMMUNICATION personnel no contact.at the Contractor's facility,
~~ ~
SYSTEM and the. names and home telephone numbers of at less . ( (Cont'd.) three (3) of the Contractor's personnel who can' respond to notification at the times the Contractor's
~.w, -
iC'
'.3
~
. facility may be closed. l RESPCMSE The Company will advise Contractor approximately NOTIFICATION seventy-two (72) hours prior to requisition for training, drills and/or exercises, and approximately fifteen (15) minutes for an actual emergency, at which times Contractor will determine and assign for the Company's immediate use those available vehicles
. not already committed under any prior Contracts.
Vehicles under contract with the local school districts and not immediately available for the Company's use shall complete the work associated with the contract, and shall return promptly to the -
. '. - i. .; .
; y.: s
.~
. - Contractor'.s bus storage yard. .
At time of vehicle return, the Contractor.shall' notify the Company's ,
. ~' '
' authorized epresentative and'make available the required. requisitioned vehicles. The Contractor shall not be penal $ zed by retainer price reduction in the event the Company's requisition coincides with the time when all vehicles are under prior commitment provided the Contractor has submitted the required 8
M
RESPONSE vehicle da'i:a as set forth in the Terms of Payment-
- 1 NOTIFICATION provision. ,
(Cont'd.)
- J.INSi!RANCE During the period of Company's use of the. vehicles l 1
-c or personnel or both, ,the Company shall be sole 3y
~
responsible for all negligent acts or omissions, and will defend, indemnify and hold Contractor harmless from'and against all loss, damage (whether to i Contractor's vehicles or otherwise), and for bodily
- injury o'r death, including all claims for Workmen's l
Compensation for employees, arising out of or in any way connected with all negligent use of the vehicles pursuant to this agreement. . The Company hereby agrees to maintain, for the entire
.. period of use of the vehicles'or personnel or both, i .
insurance coverage (including self-insurance) in _ . . . s accordance with the requirements established in.the ,
~ ~
~
Certificates of Insurance which are attached hereto ' and form a part hereof, in an aggregate amount
~
sufficient to meet all, obligations under the t i preceding paragraph. Insurance coverage will I 4 commence at such time as the Contractor's vehicles are available and ready for the Company's use and will terminate when the vehicles are returned to the I j Contractor. l 9
TERMINATION 'At any time after one (1) year af ter the effective date of this Contract, the Company and Contractor each reserve the right to terminate this Contract upon not less than ninety (90) days prior written
-- notice to the other specifying the termination date.
'Should the termination date not coincide with a l retainer payment period, the payment shall than be apportioned between the parties on a daily basis, pro-rata to the date of termination.
ASSIGNMENT OF The Contractor agrees that it shall not assign CONTRACT this Contract or any portion thereof to any person, partnership, company or corporation not satisfactory to the Company, and shall not make such an assignment until the prior written permission of the Company has been received. Any such assignment shall be. void if made without the Company's prior written permission.
- . ACCEPTANCE This agreement shall be' governed by the laws of the State of New York, and'shall remain in effect for the five (5) year period commencing January 1, 1984 and terminating at 12 o' clock mid-night December 31, Any extension of the' aforementioned period 1988.
shall be mutually agreed upon and sha11 be expressed in a writing duly signed by both parties. t 10 e ,- - w ,w-,, -,w,- -- , , - - , . r ----a w
T In Witness thereof, the pa.rties have signed this Agreement as of the ' day and year first above written. Long Island Light Company _ By: Md A . W . Wo p/o(r'd \
~
Vice President \ 1 Purchasing
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/ *'j g Hermon E. Svezey Co., Inc.
g ,
\ By: og -c d
Title:
p. M . E
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g. h* O . s" O 9 11 >
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SCHEDULE A , School Bus and Passenger Van Availability and Price List (A) Vehicle Availability and Location
, ,'k Yahicles .
- ' Description 4./.
Total Available -.,...-
' ~
l, .40' Passenger School Bus
~
'. 29
,- .15 Pa s senge.r " Van
- l 12 Passenger Van -
l
- 7. Passenger Van -
i . . . . _ _ . ___ (B) Pricing l (1) Unmanned Vehicles Unit Price /Hr. 40 Passenger School Bus $ , 15 Passenger Van $ 12 Passenger Van $
< 7 Passenger Van $
(2) Manned Vehicles-(Straight Time Basis) . Unit Price /Hr. 40 Passenger School Bus $ 15 Passenger Van $
; 12 Passenger Van $
7 Passenger Van , (3) Manned Vehicles-(Overtime Basis) Saturday & in Sunday & Excess of i
.. Normal Day Bolidays Unit Price /Hr. Unit Price /Hr
. . . ~
~
i
,'im . . ." '
4,0 Passenger School Bus . $ $
' -i 15 Passenger Van $ $
.; . . 12 Passenger Van ,
, '.7 Passenger Van $ $
e f I e l
. l 12
, , _ _ _ , , , _ . , , , . ,, . _ , . , , , _ . , , . _ _ , , _ . , _ ,.,,,,,,,_,,,__,.y ,, __-
l
Y /s . m . n . m - M A E* gkm emu..m.x..m.<.. . .m. l~ w i , e 7 et a:..w.ia.ad a.a d a m s w;.a m i isa.'s en ta.m. .a in e s. aid:i-1.i n JJ w321 : ..: =.WTa s:i m.' a .i+1a sm a.E " r.i ' - -w " 2} AND ADOPCSS oF AGENCY , COMPANIES AFFORDING COVERAGES s March'&.McLennan, Incorporated , 1221 Avenue of hhe Americas .. - 5"Tr A ter,ington Insurance co. ) Nsw York, New York 10o20 COMPANY O g Lt rTER D
~
} AN,0 ADORES $ CV MSURLD . f c~- C ttTTrR s' Long Island Isighting company 250 Old Country Road
' Mineola,-;.- New York 11501
. coM,'~'
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- ANYg,r D
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. . ggrygg -
ws is ta certfy that poices of insurance listed below have been essued to the insured named above and are an forte at ttus time. Notwntmstanding any requirement, term or cond. ton any contract prnwc document with respect to wtuch tras certfcate may tra issued or rnay pertain, the insurance afforded by the potoes desenbed herein is subrect to at the m.s:73ciusions and conditens of such poi.cas.
. . r, y . . . , , , . . Lirnits of Liabilityin Thousands (oOu)
.% Cf RANCE,*,
. 4 'POUCV NueisetR
, EXPWt%A ION DATE s M ACCREGATE CENERAL LIABILITY
, ,,, ~ SODiLY t>UURY $ $
G CoMPRescNsrvt roRM '5 5 2-3 9 5 5 " ~ -- - --
-6/27/84_. __..__ _ .
PRiutSCs-OPERATIONS . PROPERTY DAM Act S' * $% EXPLOSCN AND COLLAPSE
' HA2ARD .
UNDERGROUND MAZARD PRODUCTS. COMPLETED , OPERATCNS MAZARD goDiLY m>URY AND O CONTRACTUAL msuRANCt PROPtRTv DAM Act 31,000 i5,000 OnDAD FORM PROPtRTy D8iNED DAMact INDEPENDENT CONTR' ACTOR $ PtRsoNAL mJuRv I PERSONAL m>URv AUTOMOBILE LIABILITY SOD Lv mJuar (C AC M P(RSON: I .b 1 COMPR[MENSNE FORM BODILY INJURY I , OwistD HIfl[D i 800'Lv WJURY AND NoN4WNED I PROPERTY DAM AGE COM8'NtD EACESS LIAEULITY .
. 300iLY MJURv AND UMBRELLA FORM I I PROPtRTY DAMACE
, O oTscRTsANuu.RcttA . cOM.,Nc0 roRM
. c. . Ef,{,C,OMPENSATION
,sTATUToRv -
Mtg p@pl83;sd
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' EMPLOYERS
- LIABILITY - "i '
' , .c;i .cces.,vi
.. . . . . -..OTHER
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;RtPTION of OPERATIONS &OCATION5/VtH'CLES - +
LILCO-Local Emergency Response Organization services to be provided: to make availchle buses and vans (and possibly , drivers and maintenance personnel) as deceribed in a contractual agreement effective ' January 1,1984. Cancell'. tion: Should any of the above described policies be cancelled before tree expiration date thereof, the issuing com-pany will endeavor to mail 10 days written notice to the below named certificate holder, but failure to mail such noti:e shallimpose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTFICATE HOLDER Daft rssuto , January 1. 1984 Herman E. Swezey Co., Inc. - 28 Station Rd. , Bellport,.N.Y. 11713 I , tsva ATus , AurnORatD Q
@9 . -
- l
. .a SSOCIATED ELECTRIC & GAS INSURANCE SERVICES UMfTED Hamilton, Bermuda I
CERTIFICATE OF INSURANCE - The' undersigned hereby certify that the following described insurance is in force at this date with l Associated Electric & Gas Insurance Services Umited. . NAME OF INSURED: Long Island Lighting Company
/
, PRINCIPAL ADDRESS: 250 old Country Road ,
~
Mineola, New York 11501 POUCY NUMBER: 040 POUCY PERIOD: FROM: January 1, 1984 TO: Continuous until cancelled. UMIT OF UABIUTY: $15 million, each occurrence excess of and participating with any other valid and collectible insurance. DESCRIPTION OF COVERAGE. Bodily injury, property damage, personal injury contractual liability. 1 i * .L
.This documentis fumished to you as a matter ofinformation only. The issuance of this document .
does not make the person or organization to whom it is issued an additional assured, nor does it modify in any manner the contracts ofinsurana between the Insured and the Insurers. Any amendment, change or , extension of such contracts can only be effected by specific endorsement attached thereto.
~
Should the above mentioned contract ofinsurance be cancelled, assigned or changed during the above named policy period in such manner as to affect this document, we will endeavour to' give notice to the holder of this document. , .. January 3, 1984 - DATED: Hermon E. Swezey Co., Inc. ISSUED TO: ADDRESS: 28 Station Rd., Bellport, N.Y. 11713 ASSOCIAT COMPANY AGEMENT OF EBASCO UMITED BY: _ , _
*($
At Hamilton, Bermuda
ATTACHMENT 12 7- -q (gj@ { LONG ISLAND LIGHTING COMPANY h, _ _ __
..,,k 17 5 EAST dLD COUNTRY ROAD
- H IC K SVI LLE. NEW YORK 19808 Direct Dial Number
, January 23, 1984 l United Bus' Corp. Old Middle Country Road Coram, NY 11727 Attention: Mr. Sandy Geraine, Vice President
Subject:
Shoreham Nuclear Power Station Local Emergency Response Plan Contlemen: We are enclosing herewith one (1) copy of the agreement covering your furnishing unmanned and/or manned vehicles for the subject project, which has been executed by the Long Island Lighting Company. Purchase Order Number 368373 has been assigned to this agreement. Please note this Purchase Order Number on all invoices to be submitted in connection with this agreement. Very truly yours, homas J. H 1 TJH/das cc: J. A. 'Jeisman t le (2) , Internal Audij LERO File V Purchasing Department
.. e -v- . *
-4
n CONFORMED COPY This Agreement made as of the First day of January 1984, by and between Long Island Lighting Company, a New York Corporation having
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its principal place of business at 250 Old Country Road, Mineola, New l York (" Company"); and United Bus Corp., a New York Corporation, having its principal place of business at Old Middle Coutnry Road Coram, New York 11727 (" Contractor"). t , I Witnesseth: I SCOPE The Company hereby retains the Contractor to furnish the required unmanned and/or manned vehicles as set forth in Schedule "A" which is attached hereto and forms a part hereof, on an "as available" basis for the Company's Local Emergency Response Plan for the Shoreham Nuclear Power Station. To support said plan, the Contractor agrees, promptly after notification of a drill, exercise, or emergency, to make available all requisitioned vehicles and personnel (if required), for the Company's use, and vill s'upply fuel, keys, certificates of registration, license plates, tags, Etc., so"that the vehicles can be placed in use promptly by the Company's authorized personnel. All vehicles supplied by'the e' 9 4 e 1
4 SCOPE Contractor will be in good operational condition and ; (Cont'd.) safe and fit for use, and any drivers thereof will be duly licaased as customarily required by the Centractor. In consideration of the Contractor's a,greement and 1 consent as set forth above, the following shall govern all work and service to be furnished hereunder: l l UNMANNED For the furnishing of unmanned vehicles for drills, VEHICLES exercises, and emergencies, the Company will take possession, and acknowledge receipt of vehicles at the Contractor's bus storage yard at the time of , requisition. The Company vill return the vehicles at the conclusion of its use to the Contractor's bus storage , yard. A receipt and sureey form for any requisitioned i vehicles shall be filled out and completed by the Company f and Contractor prior to vehicle furnishing and upon vehicle return. The vehicles furnished shall be in good, safe, i operational condition and'will be utilized only in the same manner and for the same purpose as is performed in the Contractor's normal mode of business. The vehicles
- 1 i
2 i
i UNMANNED will be returngd in the same condition, reasonable VEHICLES wear and tear excepted. Upon its return, all (Cont'd.') vehicles shall be checked and inspected by the driver and by representatives of both the Company and Contractor, noting deficiencies and damages, if any. Claims for deficiencies and/or damages will not be ! considered beyond those noted at time'of vehicle return. All vehicles will be fueled and completely checked prior to departure and refueled and completely checked upon return. The Company will designate and authorize as drivers of requisitioned vehicles only those persons who hold valid New York State licenses lawfully permitting them to drive the particular requisitioned vehicles and who have received Emergency Preparedness Training. The Company will secure, update on an annual basis and maintain on file for the contractor's review, New York State driver's license abstracts of all drivers assigned.to this progtam. The Company w"ill submit to the Contractor on or before sixty (60) days after contract execution, a record
^
of all drivers assigned to this program listing the class of license, license number and expiration date of license. k e D 3
VEHICLE The vehicles shall be furnished for e minimum lease l 1 LIMITATION period of four (4) hours. MANNED Supplementing all of the aforementioned terms and
-VEHICLES conditions, in the evert the Contractor furnishes manned vehicles, the vehicles and drivers will be utilized only in the same manner and for the same purpose as is ,
performed in the Contractor's normal mode of business. Contractor's drivers shall have received Emergency Preparedness Training prior to vehicle operation. This training shall be at the Company's_ expense and at a mutually agreed upon time and place. ANNUAL The Company shc11 pay the Contractor annually for a RETAINER five (5) year period a retainer to reimburse the l PRICE Contractor for its administrative costs involved in this agreement, for providing 200 Buses 6 $ / year / bus, and for providing 0 Vans 6$ / year / van, all subject, however,'to the prior rights of the local school . , , districts under contracts with the Contractor, in the ., unlikely event of ar accident at the Shoreham Nic~ lear
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Power St'a tion. e 4 4
PRICE For use of all sanned and/or unmanned vehicles BASIS furnished hereunder, the Company shall pay the (Cont'd.) Contractor the service rates as specified in Schedule "A", which is attached hereto and forms a part hereof. For use of manned vehicles straight-time service rates will be based upon the neraal work day, Monday through l Friday. Overtime will consist of time worked in excess of 1 the normal work day or time vo,rked on Saturdays, Sundays and Holidays. Holidays will be those customarily observed l by the Contractor. For Emergency Preparedness Training, the Company shall pay the Contractor the driver's straight time hourly rates, which includes the base hourly rate, contractual benefits and statutory costs, plus an Administrative Adder of 10%. Contractor shall supply certified payrolls with the invoice. For refueling of vehicles, the Company shall pay the i l I Contractor,for fuel, invoiced at cost plus a 10% adder. O O - e be 2 5
L PRICE The service rates detailed herein are subject to BASIS adjustment, to reflect any increase resulting from f (C o n t ' d .') any negotiated agreements reached with Labor Unions t representing Contractor's employees, any general rate increase to Contractor's employees, and any increase in statutory obligations. All increases are to be rupported
] ,; and substantiated by documentation and calculation, and
~ '
shal1 become effective on the date of such increase. The service rates during the normal work day shall commence when the requested manned or unmanned vehicles are available and ready for service. These rates will terminate at time of vehicle return and immediate checkout. For requests beyond the normal work day or on Saturdays. Sundays and/or Holidays, the service rates will commence at time of request and will terminate at 3 time of vehicle return and immediate checkout.
. i~
TERMS OF ' Terms of Payment shall be in'accordance with the i PAYMENT following:
- 1) The Company shall pay Contractor's annual retainer
. price pro rata payments in advance on a l
l ; 6 i l
. ~..
TERMS OT quarterly basis, provided the Contractor submits . PATMENT invoices for the following quarter not earlier than (Cont'd.) the 1st day of the 3rd month of each quarter, detailing the type and the total number of vehicles being made j available to the Company, the available vehicles under I prior commitment, the available vehicles not under prior commitment, vehicle yard location, seating capacity and identification and plate numbers. Invoices shall be paid on a net thirty (30) day basis A'fter receipt, review and
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acceptance of invoices.
- 2) 'The Company shall pay Contractor's vehicles and personnel service rates on a net thirty (30) day basis, provided invoices have been received which substantiate all service details, including, but not limited to, purpose, date, hours of use, vehicle location and identification number.
l l 1
, COMMUNICATION At time of Contract execution. the Contractor SYSTEM shall make available to the Company a continuous, twenty-four (24) hour telephone service for the purpose of contacting the Contractor inithe event of an emergency. This service shall consist of, but
~
shall not be limited to, the telechone numbers and 7
l t .' ,' l COMMUNICATION personnel to contact at the Contractor's facility, SYSTEM and the names and home telephone numbers of at least (Cont'd.) three (3) of the Contractor's personnel who can respond to. notification at the times the Contractor's facility may be closed. RESPONSE The Company will advise Contractor approximately NOTIFICATION seventy-two (72) hours prior to requisition for i training, drills and/or exercises, and approximately 1 i fifteen (15) minutes for at actual emergency, at which times Contractor will determine and assign for the Company's immediate use those available vehicles i not already committed under any prior Contracts. Vehicles under contract with the local school i districts and not immediately available for the Company's use shall complete the work associated with the contract, and shall return promptly to the Contractor's bus storage yard. At time of vehicle return. the Contractor shall notify the Company's
- authorized representative and make available_,the required requisitioned vehicles. The Contractor 4
shall not be penalized by retainer price reduction in
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the event the Company's requisition coincides with the tim's when all vehicles are under prior commitment
- ' provided the Contractor has submitted the required i
o
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l E - - - - - - - - - _ _
. . . . . . . . .. - .. .. ~ : ..... . ..
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RESPONSE vehicle data as set forth in the Terms of Payment NOTIFICATION provision. -
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(Cont'd.") I INSURANCE During the period of Company's use of the vehicles - or personnel or both, the Company shall be solely
. responsible for all negli ent' acts or omissions, and 5
will defend, indemnify and hold Contractor harmless from and against all loss, damage (whether to ] l Contractor's vehicles or otherwise), and for bodily i injur,y or death, including all claims for Workmen's Compensation for c=ployees, arising out of or in any way connected with all negligent use of the vehicles pursuant to this agreement. The Company hereby agrees to maintain, for the entire period of use of the vehicles or personnel or both, insurance coverage (inclu' ding self-insurance) in a.. , accordance with the requirements established in the .
. Certificates of Insurance which are attached hereto and form a part hereof, in an aggregate amount sufficient to meet all obligations under the
- O preceding paragraph. kasurance coverage will ,
commence ~ at such time as the contractor's vehicles are available and ready for the Company's use and will terminate when the vehicles are returned to the Contractor. s I 9
l . _ . _ _ . .. . s '. TERMINATION At any time after one (1) year after the effective date of this Contract, the Company and Contractor each reserve the right to terminata this Contract upon not less than ninety (90) days prior written notice to the other specifying the termination date. Should the termination date not coincide with a
,-~ , retainer payment period, the payment shall than be ,
apportioned between the parties on a daily basis, pro-rata to the date of termYnation. ASSIGNMENT OF The Contractor agrees that it shall not assign CONTRACT this Contract or any portion thereof to any person, partnership, company or corporation not satisfactory
~
to the-Company, and shall not make such an assignment until the prior written permission of the Company has . been recei red. Any such assignment shall be void if made without the Company's prior written permission.
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This. agreement'shall'be governed by the laws of the ACCEPTANCE State of New York, and shall remain in effect for the five (5) year period commencing January 1, 1984 and
' 1 terminating at 12 o' clock mid-night December 31, 1988. Any extension of the aforementioned period shall be mutually agreed upon and shall be expressed in a writing duly signed by both parties.
10 i
In Witness thereof, the parties have signed this Agreement as of the l day and year first above written. Long Island Lighti Company .
- ,y: ~
. A er
! A.W.Wofp6rd i Vice President '
-.. Purchasing g
5 . united nos corp. n haL h')ib/&T so ,,,
Title:
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i .. > t SCHEDULE A School Bus and Passenger Van
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1 Ayailability and. Price List (A) Vehicle Availability and Location Vehicles Description Total Available 40 Passenger School Bus 200 15 Passenger Van * - 12 Passenger Van - 7 Passenger Van -
, (B) Pricing (1) Unmanned Vehicles Unit Price /Hr.
40 Passenger School Bus $ 15 Passenger Van $ 12 Passenger Van $ 7 Fassenger Van $ (2) Manned Vehicles-(Straight Time Basis) Unit Price /Hr. 40 Passenger School Bus $ 15 Passenger Van $ 12 Passenger Van $ - 7 Passenger Van $ (3) Manned Vehicles-(Overtime Basis) Satur' day & in Excess of Sunday & liornal Day Holidays
..i
. Unit Price /Hr. Unit Price /Hr.
~
- -40 Passenger School Bus '$ $
15 Passenger Van $ $ 12 Passenger Van , $ $ 7 Passenger Van $ $ ,
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j COMPANIES AFFORDING COVERAGES
- Mar'sh & McLennan Incorporated 1221 Avenue of tfie Americap
' New York, New York 10020 [mI'*' A Lexington Insurance Co.
e E AND ado- s m msuR' fm;r'B fm r' C Lon*g Island Lighting Company 250 Old Country Road em;'~' D
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Mineola, New York 11501
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es es to certty that pohoes of msurance hsted tek= have been rssued to the esured named above and are contreet or otr.s document with mspect to whch lTri?'{ * - a l: u
- s. rucs sens and condaens of such coboes. -- the certfeste may te tssued c6 may pertam, the insorsace au by the ponoes ce "g7- :f .vyrt . . Or msuRANCE - . .
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. Limits of Liabihtyin Thousands (000) ll exetREc DAtt CENERAL LIABILITY -
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EXPLOsCN AND COLLAPst -
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NA2ARO a _ _ ._ " 's uMQtRGRouND HAZARD --*+ PRootsCTSCOMPLETED _ oPERATCNs HA2ARD CONTRACTu AL hsuRANCE 'googymjuRyAND C RW PROptRiv PROPERTY DAM Act 21,000 s5,000 COMetNtD O -Ot.thotNT CnN1RACro s , 0 tRsoNAL m;uRv
,tRsoNAL m,uRv s AUTOMOBILE LIABILTTY BOD <tv iNeuR, COMPRIMENstyt FORu (E ACM PERsONI s p OwlstD 800lLY INJURY '
HWD tRTYDAM s O NONCwNED BODILY eN>uRY APiD PROPERTY DAMACt I EXCESS LIABILTTY -- -' COUB'NED ~~ 2 O u .atttA rOR-
- 8008LT puuRV AND O ,OTHtRinAnuusatLLA oR.
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tFiasm Or urtnArlONs40CAfaONsNEMICLis ILCO - Local Emergency Response Organization services to be pro'vided: to sko cveilable buses s described in a contractual agreement effective ' January in and vans (and possibly drivers and maintenance per 1984. Crncellation: Should any of the ab~ove de pany will endeavor to rnait r bed policies be cancelled before the expiration date thereof. the issuing com mail such notice shallimpose no obligation or liability of any kind upon the company. j NA t Ane ADoRess orCrRTircATENOLDc" i { United Bus Corp. , Daft issutD-- Januaty 1, 1984 Old Middle Country Rd. _ s _ Au tD RtenistNrArnt 7( (T 1
1 . . . . . . . - . . _ . - _ .. . . . - . , . . . . - . .
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3 ASSOCIATED ELECTRIC & GAS INSURANCE SERVICES LIMITED Hamilton, Bermuda CERTIFICATE OF INSURANCE -
- hi undersigned hereby certify that the following described insurance is in force at this date with Associated Electric & Gas Insurance Services Limited.
- NAME OF INSURED: Long Island Lighting Company
. PRINCIPAL ADDRESS: 250 Old Country Road Mineola, New York 11501 POLICY NUMBER: 040 POLICY PERIOD: FROM: January 1, 1984 TO: Continuous until cancelled.
LIMIT OF LIABILITY: $15 million, each occurrence excess of an participating with any other valid and collectible insurance. DESCRIPTION OF COVERAGE: Bodily injury, property damage, personal injury, contractual liability.
' Ibis documentis fumished to you as a matter ofinformation only.' The issuana of this document does not make the person or organization to whom it is issued an additional assured, nor does it modifyin any manner the contracts ofinsuranz between the Insured and the Insurers. Any amendment, change or .
extension of such contracts can only be effected by specific endorsement attached thereto. Should the above mentioned contract ofinsurance be cancelled, assigned or changed during the above named policy period in such manner as to affect this document, we will endeavour to,give isotice to the h Ider of this document. DATED: January 3, 1984 ISSUED TO: United Bus Corp. ADDRESS: Old Middle Country Rd., Coram, N.Y. 11727 ASSOCIA D COMPANY AGEMENT OF EBASCO LIMITED BY:
,I At Hamilton, Bermuda ,m - .. .
ATTACHMENT 13
== -- nmq LONG ISLAND LIGHTING COMPANY
.[fgEgo
,_ _ _il i7s east eLo coU NTRY ROAD
- H IC K SVI LLt. NEW YORK 19801 Direct Dial Number Jcnuary 23, 1984 Bi-County Ambulance & Ambulet Transportation Service, Inc.
Box 726 Smithtown, NY 11787 Attention: Mr. Richard A. Gabriele, President
Subject:
Shoreham Nuclear Power Station Local Emergency Response Plan Gentlemen: We are enclosing herewith one (1) copy of the agreement covering your furnishing manned vehicles for the subject project, which has been executed by the Long Island Lighting Company. Purchase Order Number 368347 has been assigned to this agreement. Please note this Purchase Order Number on all invoices to be submitted in connection with this agreement. Very truly yours, Thomas . M ill TJH/das .
~ ,
cc: J. A. Weismantle (2) Internal Audit . LERO File k# Purchasing Department
t, I
'N F)EE Ea/ 2.
ThksAgreementmaeaso e Ei I ry 19 between Long Island Lighting Company, a New York Corporation having its principal place of busine'ss at 250 Old Country Road, Mineola, New York (" Company"); and Bi-County Ambulance & Ambulet Transportation , Service, Inc., a New York Corporation, having its principal place of business at 225 Oser Avenue, Hauppauge, NY '(" Contractor") . 1 l Witnesseth: SCOPE The Company hereby retains the Contractor to furnish the required manned vehicles (ambulances, ambulettes), as set forth in Schedule "A" which is attached hereto and forms a part hereof, on an "as required" basis for the Company's Local Emergency Response Plan for the Shorehat Nuclear Power Station. To suppo t said plan, the Contractor agrees, prom.)tly after notification of a drill, exercise, or emergency, to furnish all requisitioned vehicles and personnel for the Company's use, and will maintain fuel, keys, certificates of registration, license plates, tags,.etc.,~so that the vehicles can be placed in operation promptly by the . Contractor. All vehicles supplied by the Contractor shall be in good operational condition and safe and fit for the purposes intended, and any drivers thereof will O 4 1
SCOPE be duly licsnsed cs 10 custemarily required by the (Cont'd) Contractor. The vehicles shall be provided in accordance with~ applicable S' tate and Local Rules and Regulations governing such vehicles. In consideration of the . Contractor's agreement and consent as set forth above, the following shall govern all work and services to be . furnished hereunder: - MANNED For the furnishing of manned vehicles for drills, VEHICLES exercises and emergencies, the vehicles and drivers (and where applicable medical technicians) will be utilized only in the same manner and for the same purpose as is
. performed in the Contractor's norYnal mode of business.
'the vehicles furnished shall be in good, safe, operational condition and shall be properly maintained
~ .,
for immediate operation. e s
~
The Contractor's drivers shall be duly' licensed and shall have received Emergency Prepare'dness Training prior . r to vehicle' operation. This training ~shall ,be 'at the .- Company's expense and at a mutually agreed .upon time and
- place. ,
For drills, exercises and emergenc,ies, the. Company's authorized representative will advise the Contractor of the staging area to which the manned vehicles are to report, where the vehicles shall be completely checked and inspected by the vehicle driver and by a 2
NkNNED representative of the Company. A receipt and survey VEHICLES form for any requisitioned vehicle shall be filled out (Cont'd) and completed by ihe Company and the Contractor at the staging area prior to vehicle departure and upon vehicle , return. Upon their return, all vehicles shall be completely , checked and inspected by driver and by a representative of the Company, noting deficiencies and damages, if any. u l Claims for deficiencies and/or damages will not be considered beyond those noted at time of vehicle return. All vehic1'es will be fueled and completely checked prior to departure and completely checked upon return. 6 VEHICLE The vehicles shall be furnished for a minimum LIMI'A- T period of four (4). hours. TIO21
.:a
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ANNUAL The Company shal1 pay the ContractorTannually for a five RETAINER -(5) year period the'following: . 74 ' . ~ i
.. . ~
PRICE . A fixed annual fee of ; plus 2) A
- 1) ~
retainer price to reimburse the Contractor'for administrative costs involved in this contrac't,for making immediately available and providing 4 ambulances t
$ / year / ambulance, and for providing 4 ambulettes 9$ / year /ambulette. l e
e 3 l
i ', l l
* )
ANNUAL In consideration of the foregoing annual and retainer . RETAINER fees, the Contractor agrees to make immediately PRICE available for the Company's use the entire number of (CONT'D) manned vehicles requisitioned by the Company in the , event it becomes necessary to evacuate the public from the Shoreham Nuclear Power Station's Emergency PreparednIess Zone. - PRICE For use of all manned vehicles furnished hereunder, BASIS the Company shall pay the Contractor the service 2 rates'as specified in Schedule "A", which is attached 1 hereto and forms a part hereof.
#d For use of manned vehicles, straight-time service rates will be based upon the normal work day, Monday t ~
through Friday., Overtime will consist of time worked
, Jn excess of the normal work day or time worked'on Saturdays,' sundays and Holidays. Holidays will be those customarily observed by the Contractor.
- e. .h -
- ?
' ~ -
. ? ,
For Emergency Preparedness Training,'the Company shall pay,the Contractor the' driver's straight time \ hourly rates (and where applicable the medical l i technicians hourly rates), whic,h includes the base hourly rate, contr' actual benefits and statutory costs, plus an Administrative Adder'of 10%. To substantiate the straight-time hourly rates, the Contractor shall supply certified payrolls with the invoice. 4 _gry-- n - -,,,rg,g, - e aw.s--m---rw-www- . , n--g w
PLICE For refueling of vehicles, the Company shall pay the BASIS Contractor for fuel, invoiced at cost plus a 10% adder. (CONT'D) The service' rates detailed herein are subject to
. a adjustment , to reflect any increase resulting from any negotiated agreements reached with Labor Unions representing Contractor's employees, any' general rate increase to Contractors employees, and any increase in statutory obligations. All increases are to be supported and substantiated by documentation'and calculation, and
! shall become effective on the date of such increase. } The service rates during the nor$ 1 work day shall 4 commence when the requested manned vehicles are ready for , service. These rates will terminate at time of vehicle return and immediate checkout at the staging area. For requests beyond the normal work day or on Saturdays, Sundays and/or 11olidays, ths service rates will con:cence at the time of request'and will terminate at time of
. , ,,, ?',
vehicle return and immedia'te checkout at the, staging - area. . i ' ", ' 7 . TERMS OF Terms of Payment shall be in accordance with the,
~
PAYMENT following: ,
- 1) The Company shall pay the Contractor's fixed annual-fee of $ for the first year on a net thirty (30) day basis upon invoice receipt, provided the 5
. - - , , ., , .. .-w-- - , -- .,p
TERMS OF Contractor has first signed and accepted this PAYMENT contract. Each subseque.nt fixed annual fee shall be 1
~
(CONT'D) invoiccd after January 1 of each succeeding contract year. .
- 2) The Company shall pay the' Contractor's annual retainer price, pro rata in advance on a quarterly
.-basis, provided the Contractor submits. invoices for the following quarter not earlier than the 1st day of the 3rd month of each quarter,' detailing the type and the total number of vehicles which will be made available to the Company, vehicle yard location, passenger and/or wheelchair c1pacity and identification and license plate numbers. Invoices shall be paid on a net thirty (30) day basis after receipt, review and acceptance of invoices.
t %
- 3) . The Compan'y' shall pay Contractor's servi.ce rates on a net thirty (30) day basis, provided invoices have
~
. [ ** *-
been ' received wh'ich substiantiate all service details,
~~y ..
including, but.not limited to, purpose, date, h'ours
- -~ - .
of use, vehicle location and identification number of
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vehicle. . l COMMUNICATION At time of Contract execution, the Contractor shall l SYSTEM make available to the Company a continuous, twenty-four (24) hour telephone service for the purpose of contracting the Contre.ctor in the event of 6 l
C0bHUNICATION an emergency. This service shall .censist of, 'but SYSTEMS shall not be limited to, a full time dispatcher, the (CONT'D) telephone numbers and personnel to contact at the Contractor's facility, and the names and home . telephone numbers of at least three (3) of the Contractor's personnel who can respond to notification'at the times the Contractor's facility may be closed. . At a mutually agreed upon time and in support of the Company's Emergency Response Plan, the Contractor shall allow the Company to install at the Company's expense, communications equipment at the Contractor's designated facility. Said equipment will be utilized by the Company's Emergency Operation Center (EOC) to coordinate the dispatch of the Contractor's vehicles pursuant to this Contract. l
RESPONSE
The Company will advise'the Contractor'approximately
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NOTIFICATION - seventy-two (72). hours prior to requis4. tion for
. . :.. ;*1: ?- .- . . -Q , . . , . .
training, drills and/or' exercises , and approximately fifteen (15) minut'es'for an actual emergency. 9 For an actual radiological emergency,'thi I f .
~
Contractor will assign for immediate use those l l l l vehicles which are not at the time engaged in responding to a public or individual emergency. l Vehicles so . 7 l I _ _ _ _ _ _ _ _ _ _ _
s : RESPONSE engaged and therefore not immediately available for NOTIFICATION the Company's requisition shall complete the work (CONT'D) associatedwh.thsaidresponseanduponcompletion, shall contract the Contractor's dispatcher for. . immediate instructions and shall therefore be promptly assigned for the Company's use under this Contract. i For a drill or exercise, the Contractor will
. provide, as directed by the Company, those required available vehicles not needed to respond to a prior contract or commitment. ..
ay For all responses, the Contr, actor's dispatcher will 12 advised by the Company's ' authorized representative of the location of the staging area to which the Contractor's v,eh}cles are to report. The Company will submit within sixty.(60) days of 2 . Contract execution, descriptions.and locations of
-.a- .
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, ' ~M =p,- l 4+. . ..1;tihe . staging ., j #1ocatiohs2$y.
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During the period of the , Companys requisition of
^
INDEMNITY *
' ', } -?; 2*
the Contractor's vehicles (' and personnel, the , Company AND INSURANCE shall be solely responsible fo,r all negli~ gent acts or omissions, and will deden'd, indemnify and hold the Contractor harmless from and against all loss and l damage (whether to Contractor's vehicles or - ) otherwise), and for bodily injury or death, including l 8 .
INDEMNITY all claims for Worker'sCompensation for employer.s, AND arising out of or in any way connected with all
~
INSURANCE negligent use of the Contractor's vehicles pursuant to (CONT'D) this' Contract'. The Company hereby agrees to maintain, . for the entire period of requisition of the Contractor's vehicles and personnel pursuant to this Contract, insurance coverage (including self-insurance) in accordance with the requirements ' established in the copies of the Certificates of Insurance which are attached hereto and form a part hdreof, which coverage is in an aggregate amount sufficient to meet all obligations under the preceding paragraph. Insurance
*h coverage will commence at such time as the Contractor's vehicles are ready for the C'ompany's requisition and will terminate when the vehiclesy are returned to the .
staging area.
~. .
TERMINA- Atanytimeafterone(1)j[earaftertheeffectivedate of'this Contract, the Company.and Contractor each
~
TION
*~ ;i res'erv' I the right to terminste'.this , Contract upon not I g.: t i ,3 q .. , , ,
-; ; c .. , . . ; . .
less(,than ninety (90) days prior. written' notice to the
- ~, y -
other specifying the termination'date.'r Should the l.2 ? ,, . ' yip - - termination date not coincid. ey with a retainer payment period, the payment shal1 then be apportioned'between the parties on a daily basis, pro-rata to the date of termination. Upon termination no adjustment shall be made to the Contractor's fixed annual fee of 9
t . ASSIGNMENT The Contractor agrees that it shall not assign this OF CON- Contract or any portion thereof, to any person,
~
TRACT partnership, company or corporation not satisfactory to the Company, and shall not make such an assignment until , the prior written permission of the Company has been received. Any such assignment shall be void if made
.s. . .
without the Company's prior written permission. . GOVERNING The Agreement shall be governed by the laws of the State LAW AND of New York, and shall remain in effect for the five (5) ~ CONTRACT yearperiodcommencingJanuar[1 1984 and PERIOD terminating at 12 o'clo.ck midnight December 31, 1988, subject to prior termination as above provided. t Any extension of the aforementioned period shall be t-mutually agreed upon and shall be expressed in writing duly signed by both parties. In Witness thereof, the parties have signed this Agreement as'of the day and year
=
- first above written.
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A. W. K Cdrd
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'Vice President -
. . P,urchasing .
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By: Bi-C ty Ambu . Ambul Tra o ati rfr ce, In Title 'E .
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- 'Pr' ddent
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** D e-Crunty Ambulance r, Amouisttte i ransportauon sei vaws w. g. :
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. e m SC HED ULE A Ambulance and Arbbulette Availability and Price List A) Vehicle 'Avallability .
Vehicles Description Total Available
' mbulance (Basic Life Support)-BLS A 2 Ambulette 4 Ambulance (Advanced Life Support)-ALS 2 B) Pricing'
- l. ' Manned Vehicles - (Straight-Time Basis). Unit Price / Hr.
hmbulance $ Ambulette $
- 2. Manned Vehicles - (Cvertime Basis) Saturday & in Excess of Sunday &
.
- Normal Day Holidays ,
Unit Price /Hr. Unit Price /Hr. A mbulance $ $ Ambulette $ - $
- 3. Manned Vehicles - (Straight-Time Basis)
Unit Price / Hr. Ambulance - Advanced Life Support (ALS) $
- 4. Manned Vehicles - (Overtime Basis) j Saturday & in Sunday &
Excess of . , Holidays Normal Day i Unit Price / Hr. Unit Price / Hi . . 8 8 Ambulance ~ , Advanced Life , Support , l Normal work day is 8:00AM - 4:30PM. - O e 0 O e
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AM.0 ADERtss of ActNCY CO.tlPANIES AFFORDING COVERAGES h March & McLennan, Incorporated- ? 1221 Avenue of the Americas e='A
't "E" Lepj, gton Insut.pnca_.Cp.
Nsw York, New York 10020 .. f*O*ADANY LerTE R AreD ADDRLss OF IPesuRED h. CoasPANY LtrTER y - i Long Island Lighting Company Co,,,A , D g
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250 Old Country Road Mincola, New York 11501 e- - N co-PA,ev terita C b [ L 33 to ceftsfy that polcses of insurance hsted below have been issued to the ensured named above and are an force et this t1rne. Pectmiths*JeC6mg any U requerement, te ny contract or other document with respect to which this certatcate may be ssuaed or may portaen, the insurance afforded by the polces Cescr.fbed herein is sub ms, hclusent and condstdsas of such pol.cies. O Lernits of Liabihty an Thousancs(uGO) CV t'C" Tv st or msueApeCE POLICT feuwetR CAPinAfore oatt ACG4tCAft 1
.t2 OCCURPt%CE _ __
CENERAL LIABILITY ,, g 3 L @ Cou, txtusivt roa. 552-3955 6/27/84 Petursts optmatchs 6 PRoPtRTVCAVACE S I ,. tutosioN ANQ CoLLAP51 _ - *
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GPipATcNs MAZAR0 ePcPtat.C w et 51,000 55,000 t ceNr=ACruA. msumect ' Osao'uAGE OA o 'o'r'
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weCE*ENCENT CONTRACrQRs Ft:1a*.46 .%. A 5 PfM0'eAL INJURV
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AUTOMOBILE LIABILITY g ,so L*g*E 5 [:- ,
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Fo.u . WORKERS' COMPENSATION , , . st Arutony (('b , EMPLOfERS LIABIL E'
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-- - - w -=w.-. - = , -____ - - . - - . ~. - =croN or opt =AroNs.soCAroNsutsetts LILCO-Local Emergency Response Organization services f to be provided: to make available ambulances,ambulettes, and invalid t
coaches (and possibly drivers, and maintenance personnel), as ' described * g by contractual agreement. . . . . . Crncellltion: Should any of the above described policies be cancelled before the expiration date inereof, the issuing com. f pany will endeavor to mail - 1.0 days written notice to the below named certificate holder. but failure to p0 mail such notice shallimpose no obligation or liability of any kind upon the company. Ln JAN 1 1984 l.;
- A,o Aoc.ts, o, ct.1<<Ar t ,eoa,t. -
oart t,smo Bi-County Ambulance & Ambule,t d Transportation Service, Inc. ' - 2 225 Oser Avenue AuTwomi2tc
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Hauppauge, New York 11788 , g zo as <t.7,i ,.n.
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Q,/E,f*O j LONG ISLAND LIGHTING COM PANY
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T 17 5 EAST O-L D COUNTRY ROAD = H IC K S VI L L E. NEW YORK 11501 k i Direct Dial Number k 1 Jcnuary 27, 1984 Gosline Ambulance Service, Inc. 536 Broadway Amityville, NY 11701 Attention: Mr. Paul Gosline, President
Subject:
Shoreham Nuclear Power Station Local Emergency Response Plan G2ntlemen: We are enclosing herewith one (1) copy of the agreement covering yo.ur furnishing manned vehicles for the subject project, which has been executed by the Long Island Lighting Company. Purchase Order Number 368349 has been assigned to this agreement. Please note this Purchase Order Number on all invoices to be submitted in connection with this agreement. Very truly yours, Thomas J ill TJH/bd F cc: J. A. Weismantle (2)
- Internal Aud,itj LERO File V .
Purchasing Department l
9
' CONFORMED COPY _.
I f This Agreement made as of the first day of January 1984:, by and . between Long Island Lighting Company, a New York Corporation having its principal place of business at 250 Old Country Road, Mineola, New Yerk (" Company"); and Gosline Ambulance Service, Inc., a New York Corporation, having its principal place of business at 536 Broadway, Amityville, NY (" Contractor"). Witnesseth: l SCOPE The Company hereby retains the Contractor to furnish the required manned vehicles (ambulances, ambulettes), as set forth in Schedule "A" which is attached hereto and forms
~
a part hereof, on an "as required" basis for the Company's Local Emergency Response Plan for the Shoreham, t Nuclear Power Station. To support said plan, the Contractor agrees, promptly after notification'of a , drill, exercise, or emergency, to furnish all contracted requisitioned vehicles and personnel for the Company's use, and will maintain fuel, keys, certificates of registration, license plates, tags, etc., so that.the vehicles can be placed in operation promptly by the Contractor. All vehicles supplied by the Contractor shall be in good operational condition and safe and fit for the purposes intended, and any drivers thereof vill , 1
~. - - . . . . - - . hCOPE be duly licensed as is customarily required by the (Cont'd) Contractor. The vehicles shall be provided .in accordance
~
i with applicable State and Local Rules and Regulations
. governing such vehicles. In consideration:of he Contractor's agreement and consent as set forth above, the following shall govern all work and services to be furnished hereunder:
MANNED For the furnishing of manned vehicles for drills, VEHICLES exercises and emergencies, the vehicles and drivers (and . where applicable medical technicians) will be utilized only in the same manner and for the same purpose as is performed in the Contractor's normal mode of business. The vehicles furnished shall be in good, safe, operational condition and shall be properly maintained for immediate operation. The Contractor's drivers shall be duly licensed and shall have received Emergency Preparedness Training prior , to vehicle operation. This training shall be at the Company's expense and at a mutually agreed upon time and place. For drills, exercises and emergencies, the Codpany's authorized representative will advise the Contractor of the staging area to which the manned vehicles are to report, where the vehicles shall be completely checked and inspected by the vehicle driver and by a - 1 2 l
NA!NED representative of the Company. A receipt and survey VEHICLES form for any requisitioned vehicle shall be filled out
~
l (Cont'd) and completed by'the Cocpany and the Contractor at the
. stagingareapriortovehicledepartureanbupfnvehicle l return. The staging' area shall be within the confines l
of the County of Suffolk. Upon their return, all vehicles shall be completely checkcd and inspected by driver and by a representative of the Ccepany, noting deficiencies and damages, if any. Claims for deficiencies and/or damages will not be . considered beyond those noted at time of vehicle return. All vehicles will be fueled and completely checked prior to departure and cocpletely checked upon return. VEHICLE The vehicles shall be furnished for a minimum LIMITA- period of four (4) hours. TION ANNUAL The Company shall pay the Contractor annually for a five . RETAINER (5) year period the following: PRICE .
- 1) A fixed annual fee of $ ; plus 2) A retainer price to reicburse.the Contractor for -
i administrative costs involved in this contract,for taking immediately available and providing 3 ambulances @
$ / year / anbulance, and for providing 2 ambulettes i
@S / year /acbulette.
l - 3
ANNUAL In consideration of the foregoing annual and retainer RETAINER fees, the Contractor agrees to make immediately PRICE available for'the Company's use the entire number of (CONT'D) mannedvehiclesrequisitionedbytheCodpanfinthe f event it becomes necessary to evacuate the public from the Shoreham Nuclear Power Station's Emergency Preparedness Zone. PRICE For use of all manned vehicles furnished hereunder, ! BASIS the Company shall pay the Contractor the service .. 'I rates as specified in Schedule "A", which is attached hereto and forms a part hereof. i For use of canned vehicles, straight-time service rates vill be based upon the normal work day, Monday through Friday. Overtime will consist of time worked in excess of the normal work day or time worked on Saturdays, Sundays and Holidays. Holidays will be those customarily observed by the Contractor. , l - ! For Emergency Preparedness Training, the Company shall pay the Contractor the driver's straight time l hourly rates (and where applicable the medical , technicians hourly rates), which includes the base hourly rate, contractual benefits and statutory costs,
~
plus an Administrative Adder of 10%. .To substantiate the straight-time hourly rates, the Contractor shall supply certified payrolls with the invoice. 4
1 l PRICE For refueling of vehicles, the Company shall pay the . BASIS Coperactor for fuel, invoiced at cost plus a 10% adder. (CONT'D) i
- Theserviceratesdetailedhereinaresubje'ctfo adj us tment , to reflect any increase resulting from any negotiated agreements reached with Labor Unions representing Contractor's employees, any general rate increase to Contractors employees, and any increase in statutory obligations. All increases are to be supported and substantiated by documentation and calculation, and .
shall become effective on the date of such increase. The service rates during the normal work day shall commence when the requested manned vehicles are ready for service. These rates will terminate at time of vehicle return and immediate checkout at the staging area. For reques.ts beyond the normal work day or on Saturdays, 1 Sundays and/or Holidays, the service rates will commence at the time of request and will terminate at time of , vehicle return and immediate checkout at the staging area. 4 s TERMS OF Terms of Payment shall be in accordance with the , PAYMENT following: -
~
- 1) The Company shall pay the Contractor's fixed annual fee of S for the first year on a net thirty-(30) day basis upon invoice receipt, provided the .
5
'l .
TERMS OF Contractor has first signed and accepted this PAYMENT contract. Each subsequent fixed annual fee shall be
~
(CONT'D) invoiced afte'r January 1 of each succeeding contract i
. year. f
- 2) The Company shall pay the Contractor's annual retainer price, pro rata in advance on a quarterly basis, provided the Contractor submits invoices for the following quarter not earlier than the 1st day of the 3rd month of each quarter, detailing the type and -
the total number of vehicles which will be made available to the Company, vehicle yard location, passenger and/or wheelchair capacity and identification and license plate numbers. Invoices shall be paid on a net thirty (30) day basis after receipt, review and acceptance of invoices.
- 3) The Company shall pay Cintractor's service rates on a net thirty (30) day basis, provided invoices have ,
been received which substantiate all service details, including, but not limited to, purpose, date, hours of use, vehicle location and identification number of vehicle. , 1 COMMUNICATION At time of Contract execution, the Contractor shall SYSTEM make available to the Company a continuous, twenty-four (24) hour telephone service for the purpose of contracting the Contractor'in the event of
> -6
^
COMMUMICATION an emergency. This service shall consist of, but SYSTEMS shall not be limited to, a full time dispatched, the (CONT'D) telephone numbers and personnel to contact at the Contractor'sfacility,andthenamesadhfme. telephone numbers of at least three (3) of the Contractor's personnel who can respond to notification at the times the Contractor's facility may be closed. * (an answering service shall be .
~
l considered an equivalent) At a mutually agreed upon tice and in support of the - Company's Emergency Response Plan, the Contractor shall allow the Cocpany to install at the Cocpany's expense, co==unications equipment at the Contractor's designated facility. Said equipment will be utilized by the Company's Energency Operation Center (ECC) to coordinate the dispatch of the Centractor's vehicles pursuant to this Contract.. .. I RESPONSE The Company will advise the Contractor approximately . NOTIFICATIOI1 seventy-two (72) hours prior to requisition for training, drills and/or exercises, and approximately fifteen (15) minutes for an actual emergency. For an actual radiological energency, the I L Contractor will assign for immediate use those vehicles which are not at the time engaged in responding to a public or individual emergency. Vehicles'so 7
~
R SPONSE engaged and therefore not immediately available for NOTIFICATION the Company's requisition shall complete the work _. (CONT'D) associatedwkthsaidresponseanduponcompletion, i shall contract the Contractor's dispat'ched for
?
immediate instructions and shall therefore be promptly assigned for the Company's use under this Contract. For a drill or exercise, the Contractor will ! provide, as directed by the Company, those required - available vehicles not needed to respond to a prior contract or cocmitment. For all responses, the Contractor's dispatcher will I be advised by the Company's authorized representative of the location of the s,taging area to which~the Contractor's vehicles are to report. 1 The Company will submit within sixty (60) ~ days of Contract execution, descriptions and locations of ,
- the staging locations.
INDEMNITY During the period of the Company's requisition of l AND the Contractor's vehicles and personnel, the , Company INSURANCE shall be solely responsible for all negligent acts or omissions, and will defend, indemnify and hold the Contractor harmless frcm and against all loss and damage (whether to Contractor's vehicles or otherwise), and for bodily injury or death, including 8
INDEMNITY all claims for Worker'sCompensatien for employees, AND arising out of or in any way connected with all -- INSURANCE negligent use of the Contractor's vehicles pursuant to i The Company hereby agrees;to aintain, l (CONT'D) this Contract. j for the entire period of requisition of the Contractor's l l
-vehicles and personnel pursuant to this Contract, insurance coverage (including self-insurance) in accordance with the requirements established in the copies of the Certificates of Insurance which are attached hereto and form a part hereof, which coverage --
is in an aggregate amount sufficient to meet all obligations under the preceding paragraph. Insurance coverage will coc=ence at such tice as the Contractor's vehicles are ready for the Company's requisition and will terminate when the vehicles are returned to the staging area. TERMINA- At any time after one (1) year after the effective date TION of this Contract, the Company and Contractor each , reserve the right to terminate this Contract upon not less than ninety (90) days prior written notice to the other specifying the termination date. Should the termination date not coincide with a retainer paypent 1 period, the payment shal' then be apportioned ~between the parties on a daily basis, pro-rata to the date of termination. Upon termination no adjustment shall be made to the Contractor's fixed annual fee,of l 9
* *^
ASSIGNMENT The Contractor agrees that it shall not assign this OF CON- Contract or any portion thereof, to any person, _. TRACT partnership, company or corporation not satisfactory to F
- the Company, and shall not make such an assignpent until the prior written permission of the Company has been received. Any such assignment shall be void if made without the Company's prior written permission.
GOVERNING The Agreement shall be governed by the laws of the State LAN AND of New York, and shall remain in effect for the five (5) - CONTRACT year period cocnencing January 1, 1984 and PERIOD terminating at 12 o' clock midnight December 31, 1988, subject to prior cernination as above provided. Any extension of the aforementioned period shall be sutually agreed upon and shall be expressed in writing duly signed by both parties. In Witness thereof, the parties have signed this Agreement as of the day and year first above written. . Long Island Lighting Company By: /,2 h / /., 4
/n WW A. W. Wofferd Vice President.
A. v Purchasing
^
l By: Gosline Ambulance Service, J Inc.
Title:
.. [ W 10
~
RIDER TO CONTRACT BET'tTES LONG ISLAND LIGHTING COMPANY and 4 i y l l GOSLINE AMBULANCE SERVICE, INC., DATED THE ist DAT OFgJAIPJARY, 1984. Notwithstanding the language contained in the l last paragraph on Page 7, .
. IT IS EXPRESSLY-UNDERSTOOD AND AGREED by and --
between the parties hereto that the contract provisions con.cerning Contractor's drivers and ! medical technicians is modified to provide that they are not required to enter into any area of radiological materials unless previously
~
provided, by the Company, with protective gear, clothing, respirators, and the like, similar to those normally provided by the Company to its own employees. . Long Island Lightin Company i
,g " By &l. &) I A. W. Wafford h
- j. ,
c' Vice President Parchasing By: Gosline Ambulance Service, Inc. l , l ( .
Title:
l' // 'd
SCHEDULE A Ambulance and Ambulette Avaifability and Price list i A) Vehicle Availability . Vehicles Description Total Available Ambulance 3 Ambulette 2 B) Pricing
,1. Manned Vehicles - (Straight-Time Basis) Unit Price /Hr.
Ambulance $ Ambulette $
- 2. Manned Vehicles - (Overtime Basis) Saturday & in Excess of Sunday &
Normal Day Holidays Unit Price /Hr. Unit Price /Hr. Ambulance $ S Ambulette S $ _, O s 9 I 11
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k o.o h.catss or actscv COMPANIES AFFORDING COVERAGES Mr.rch & McLennan, Incorporated 1221 Avenue of the Americas Cfer' A Lexinaton Insurance Co. N:;w York, New Yot-k 10020 .. . CC'.traNy Q ' Lt TT!R li iF .
, u.a .aoarss or munte .
p CCVPaNv O * *
' L E TTE R %# $
Long Island Lichting Company ,; 250 Old Country Road cfg^"'D
- Minnola, New York 11501 -
Coupany P LtTTER E s is to certify that poucaes of insurance listec cetcw have been isswec to ce insated ramec above and are in force at tms tirne. Ncrenstar c - a y rem, remeat. te- o cer: ::n ,; eny centract or ather document with rescect to which this certificate rnay to isscec or may pertain, the insurance af*orcec by the ponc.es ces--ted Pe e n 's swb act to a!! tre ms. oclusens and condtons of such pohcies b, Lirnsts of L:asi::t;in Thousands (OOOf i- [ TVPtOFiNsuRANCE POLICY huv8t* gxr nhCYDAf t l5,..tACM
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CENERAL LIAB!LITY F _- . . . . scD >tv ih>uev s s i. gcx ou at tssivt ro== ._,,., 334- 3955 . 6. /m y.,/o,,, .,e c C Patursts-optRate%s . . Pacrte caw:t - -
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P#CDuCTs CCvetETt0 opt 4ATCNS waZARD SCC.t v i%;4* . .0 h' Co=TuCiuat>~suaasCe e=Catuv :Avia: PDCAO FCpv PSOPtRTY CAuaOt COVR A js 1,000 s5,000,, 3 b iNotat9tENComT.**CTens i PERSON AL .h>UF# .rt. ,t S,,,- 5 j, 7-g-= AUTOMOBILE LIABILITY E}};Q- . Qtg -
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M o u-d',.: EXCESS LIABILITY ,, BC .* NvP . .0 , O uve tua o o ..:,..Tv os..a t . i 5 ciste'wah uuest' . L' C0ve:Nt: rCo9 , WORKERS
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OTHER I y V' O n:,n ~ -- .-, mm .- . w . , 1.= _-a =- wTom os optaaTons4oC4Tonsutactos LILCO-Local Emergency Response Organization services ( to be provided: to make available ambulances, ambulettes, and invalid coaches (and possibly drivers, and maintenance personnel) ,-as described il by contractual agreement. - r 4 Canc11!1 tion: Should an/ of the above described pct.c:es be cancelted before the expirat:o . d.te t 4 ee' e issu: a c:m-pany will endeaver to mail 10 _ csys written not:ce to the betow namec cort:fe.:a ... ;:-r. but fa.:ure to mail such notice shallimpose no obligaticn or liability of any kind upon the company. Naut A NC r.cDpt ss or CtnitriC A T t HQtDC P omit issuto. January._1, _19.84 i Gosline Ambulance Service, Inc. O t, 536 Broadway Amityville, New York 11701 (' . b[' Ayucpit 6 t;t .r Af tvt i.
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r ATTACHMENT 15 [,fE_g'O LONG ISLAND LIGHTING COMPANY
! $ 17 5 EAST CTL D COUNTRY ROAD
- H IC K SVI LLE. NEW YORK 11808 Direct Dial Number l
January 23, 1984 i Medi Bus Inc. Box 726 Smithtown, NY 11787 Attention: Mr. Richard A. Gabriele, President
Subject:
Shorehem Nuclear Power Station Local Emergency Response Plan Gentlemen: We are enclosing herewith one (1) copy of the agreement covering your furnishing manned vehicles for the subject project, which has been executed by the Long Island Lighting Company. Purchase Order Number 368352 has been assigned to this agreement. Please note this Purchase Order Number on all invoices to be submitted in connection with this agreement. Very truly yours, Thomas J Hill TJH/das ec: .J. A. Weismantle (2) Internal Au,i d ft ., LERO File V
- Purchasing Department
, , _ . . . . . _ ~ . . . . _ . ~ . .. . . . . . . . . . . ..... ..
"h-I? 2 . CONFORMED COP 2( - This Agreement made a's of the first day of January 1984, by and - between Long Island Lighting Company, a New York Corporation having its principal place of business at 250 Old Country Road, Mineola, New York (" Company"); and MediBus, Inc., a New York Corporation, having its principal place of business at 225 Oser Avenue, Hauppauge, NY (" Contractor"). Witnesseth: SCOPE The Company hereby retains the Contractor to furnish the required manned vehicles (ambulances, ambulettes), as set forth in Schedule "A" which is attached hereto and forms a part hereof, on an "as required" basis for the Company's Local Emergency Response Plan for the Shoreham Nuclear Power Station. To support said plan, the Contractor agrees, promptly after notification of a
~
drill, exercise, or emergency,'to fdrnish all requisitioned vehicles and personnel for the Company's . use, and will maintain fuel, keys, certificates of registration, license plates, tags, etc., so that the vehicles can be placed ih operation promptly by the Contractor. All vehicles supplied by the Contractor shall be in go'od operational condition and safe and fit for the purposes intended, and any drivers thereof will 1
.5['
SCOPE be duly licensed as is customarily required by the (Cont'd) Contractor. The vyhicles shall be provided in accordance with applicable State and Local Rules and Regulations governing such vehicles. In consideration of the , Contractor's* agreement and consent as set forth above, the following shall govern all work and services to be furnished hereunder: - l l MANNED For the furnishing of manned vehicles for drills, VEHICLES exercises and emergencies, the vehicles and drivers (and where applicable medical technicians) will be utilized only in the same manner and for the same purpose as is performed in the Contractor's normal mode of business. The vehicles furnished shall be'in good, safe, operational condition and shall be properly maintained for immediate operation. The Contractor's drivers shall be duly licensed and shall have received Emergency Preparedness Training prior < 4 '
, to vehicle operation, ,This, training shall be at the Company's expense and at a mutually agreed upon time and place.
For drills , exercises arid emergencies, the Company's authorized representative will advise the Centractor of l the staging area to which the manned vehicles are to report, where the vehicles shall be completely checked and inspected by the vehicle driver and by a-2
I. . ' l MANNED representative of the Company. .A receipt and survey VEHICLES form for any requisitioned vehicle shall be filled out (Cont'd) andcompletedbyhheCompanyandtheContractor.atthe staging area prior to vehicle departure and upon vehicle return. Upon their return, all vehicles shall be completely checked and inspected by, driver and by a representative
~
of the Company, noting deficiencies and damages, if any. C1. aims for deficiencies and/or damages will not be considered beyond those noted at time of vehicle return. , All vehicles will be fueled and completely checked prior to departure and completely checked upon return. VEHICLE The vehicles shall be furnished for a minimum LIMINA- period of four (4) hours. TION ANNUAL The Company shall pay the Contractor annually for a five RETAINER},'(5)yearperiodthefollowing: _ PRICE ,
- 1) A fixed annual fee of * ; plus -2) A l
1 retainer price to reimburse the Contractor for - administrative costs involved in this contract,for making immediately available and providing 5 ambulances @
$ / year / ambulance, and for providing 43 ambulettes
,. year / ambulette .
t$ i I 3
r- l ANNUAL In consideration of the foregoing annual and retainer RETAINER fees, the Contractor agrees to make immediately PRICE available for the Company's use the entire number of manned vehicles requisitioned by the Company in the (CONT'D) - event it becomes necessary to evacuate the public fn am the Shoreham Nuclear Power Station's Emergency l Preparedness Zone. 1 - PRICE For use of all manned vehicles furnished hereunder, BASIS the Company shall pay the Contrdctor the service
- rates as specified in Schedule "A", which is attached hereto and forms a part hereof.
For use of manned vehicles, straight-time service rates will be based upon the normal work day, Monday throughhriday. Overtime will consist of time worked - in excess of the normal work day or time worked on , s Saturdays, Sundays and Holidays. Holidays will be those customarily observed by the Contractor. For Emergency Preparedness' Training, the Company shall pay the Contractor.the driver's straight time . hourly rates (and where applicable the medical-technicians hourly rates) , which includes the base hourly rate, contractual benefits and statutory costs, plus an Administrative Adder of 10%. To substantiate the straight-time hourly rates, the Contractor shall supply certified payrolls with the invoice. I a
6*, -
=
t PRICE For refueling of vehicles, the Company shall pay the BASIS Contractor for fuel, invoiced at cost plus a 10% adder. l (CONT'D) i
- The service rates detailed herein are subject to -
adj us tment , to reflect any increase resulting from any negotiated agreements reached with Labor Unions representing Contractor's employees, any general rate increase to Contractors employees, and any increase in statutory obligations. All increases are to be supported 4 and substantiated by documentation 'and calculation, and shall become effective on the date of such increase. The service rates during the normal work day shall commence when the requested manned vehicles are ready for service. These rates will terminate at time of vehicle return and immediate checkout at the staging area. For 1 requests beyond the normal work day or on Saturdays,, , Sundays and/or Holidays, the service rates will commence at the time of request and will terminate at time of vehicle return and immediate checkout ~at the staginge
~
.- ~
area. i 'l TERMS OF Terms of Payment shall be in accordance with the - PAYMENT following: -
. l l
i
- 1) The Company shall pay the Contractor's fixed annual fee of $. for the first year on a net thirty (30) day ~ basis upon invoice receipt, provided the 5
~
i .i - . l TERMS OF Contractor has first signed and accepted this PAYMENT contract. Each subsequent fixed annual fee shall be (CONT'D) invoiced af ter January 1 of each succeeding contract year. . i
- 2) The Company shall pay the Contractor's annual I
retainer price, pro rata in advance on a quarterly basis, provided the Contractor submits invoices for
' the following quarter not earlier than the 1st day of i
.the 3rd month of each quarter,' detailing the type and the total number of vehicles which will be made available to the Company, vehicle yard location, passengerand/orwheelchairAapacityand identification and license pl, ate numbers. Invoices shall be paid on a net thirty (30) day basis after receipt, review and acceptance of invoices.
t %
- 3) -The Company shall pay Contractor's service rates on
' ~ a' net thirty (30) day basis, provided invoices have .
- s; 7
'been received which substantiate all service details,
~
c.. .c. including, but not limited to, . purpose, date, hours of use, vehicle location'and ideutification number of vehicle. , COMMUNICATION At time of Contract execution, the Contractor shall SYSTEM make available to the Company a continuous, twenty-four (24) hour telephone service for the i purpose of contracting the Contractor in the event of J 6 _...,_..e. ,, , . , . . , - , ,, , . , . , _ , , , . , _ .y , , , - ., , ,,-m,
an emergency. This service shall consist of, but COMHUNICATION SYSTEMS shall not be limited to, a full time dispatcher, the (CONT'D) ' telephone numbers and personnel to contact at the Contractor's facility, and the names and home - telephone numbers of at least three (3) of the Contractor's personnel who can respond to notification at the times the Contractor's facility may be closed. , At a mutually agreed upon time'and in support of the Company's Emergency Response Plan, the Contractor shall allow the Company to install at the Company's expense, communications equipment at the Contractor's designated facility. Said equipment will be utilized by the Company's Emergency Operation Center (EOC) to coordinate the dispatch of the Contractor's vehicles pursuant to_this Contract. , , RESPONSE . The Company will advise the Contractor approximately
seventy-two (72) hours prior to requisition for
~
J NOTIFICATION , i
~
' training, drills and/or' exercises,. and'approximately
- fifteen (15) minutes for an actual emergency.
For an actual radidlogical emergency, the Contractor will assign for immediate use those vehicles which are not at the time engaged in responding to a public or individual emergency. f Vehicles so 7 ,
RESPONSE engaged and therefore not immediately avail'able for NOTIFICATION the Company's requisition shall complete the work (CONT'D) associated with said response and upon completion, shall contract the Contractor's dispatcher for - immediate instructions and shall therefore be promptly assigned for the Company's use under this Contract. For a drill or exercise, the Contractor will provide, as directed by the Company, those required available vehicles not needed to respond to a prior contract or commitment. .o e For all responses, the Contractor's dispatcher will be advised by the Company's authorized representative of the location of the staging area to which the Contractor's. vehicles are to report. The Company will submit within sixty (60) days of Contract execution, descriptions and locations of
' ~
~the staging locations., ,
INDEMNITY During the period of the Company's requiiition' of ,
~
AND , the ContractoE's vehicles and personnel, the Company INSURANCE shall be solely responsible for all negligent acts or omissions, and will defend, indemnify and hold the Contractor harmless from and against all loss and damage (whether to Contractor's vehicles or otherwise), and for bodily injury or death, including
.e , -. , ,- , -w-r , ,, w n w
INDEMNITY all claims for. Worker'sCompensation for employees, AND arising out of or in any way connected with all . INSURANCE negligent use of the Contractor's vehicles pursuant to this Contract. The Company.hereby agrees to maintain, (CONT'D) _ . for the entire period of requisition of the Contractor's
' vehicles and personnel pursuant to this Contract, insurance coverage (including self-insurance) in accordance with the require'ments established in the l
1 copies of the Certificates of Insurance which are l attached hereto and form a part hereof, which coverage is in an aggregate anount sufficient to meet all obligations under the preceding paragraph. Insurance coverage will commence at such time as the Contractor's , vehicles are ready for the Company's requisition and will terminate when the vehicles are returned to the staging area. e % TERMINA- At any time after one (1) year after the effective date TION of this Contract, the Company and Contractor each
.rese'rve the right to terdinate this' Contract upon not
~
- n. .
.less than ninety (90) days prior written notice to the other specifying the termination date. Should the
~
termination date not coineide with a retainer payment period, the payment shall then be apportioned' between the parties on a daily basis, pro-rata to the date of termination. Upon termination no adjustment shall be made to the Contractor's fixed annual fee of S. 9
ASSIGNtiENT The Contractor agrees that it shall not assign this OF CON- Contract or any portion thereof, to any person, TRACT partnership, company or corporation not satisfactory to the Company, and shall not make such an assignment until l the prior written permission of the Company has been received. Any such assignment shall be void if made l without the Company's prior. written permission. Tbs Agreement shall be governed by the laws of the State I GOVERNING LAW AND of New York, and shall remain in effect for the five (5) CONTRACT year period commencing January 1,1984 and PERIOD terminating at 12 o' clock midnight December 31, 1988, subject to prior termination as Above provided. _ Any extension of the aforementioned period shall be mutually agreed upon and shall be expressed in writing duly signed by both. parties. In Witness thereof, the parties have signed this Agreement as of the day and year first above written. 3.~ Long Island Lighting Company
\\
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.By: ~ /w A. W. fford Vice P esident (
- Purchasing Mk By: Med' us, I e
Title:
/r , P 'sident .
* * - . =.-+.m... .. . . . . ,
SCHEDULE A Ambulance and Ambulette Availability and Price list . A) Vehicle Availability Vehicles ? Description Total Available Ambulance 5
- Ambulette . 43
'B) Pricing ,
- 1. Manned Vehicles - (Straight-Time Basis) Unit Price /Hr.
Ambulance $ Ambulette .,
- 2. Manned Vehicles - (Overtime Basis) Saturday & in Excess of Sunday &
Holidays Normal Unit Price Day /Hr. Unit Price /Hr. Ambulance $ $ Ambulette - e s
- .. w -
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- 6 9
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e e 3
m A,e .ADDRtss oF AGENCv . 1 COMPAN:ES AFFORDING COVERAGES Ma"rch & McLennan, Incorpo' rated , 1221 Avenue of the Americas COM ,ANY New York, New York
""ER A Lexington Insurance Co. ,
. *~ COMPANY D r LETTER D ,
2 mod ADDRESS OF mSURED .
~
COMP'- LETTER C Lontf Island Lighting Company COMPANYD 250,Old Country Road ""'"
, i l Mineola, New York 11501 -
w.n ., e. ..
... .. .. COMP.YE uriER .
D ie to cartify trut pohoes of insurance hsted be4ow have been issued to the insured named above and are in force at this time. footwrthstanding any requirement, term or conditen , any contract or other document wit *. respect to which this certificate may be issued or may pertain, the insurance afforded by the pchoes cesenbed herein is subsect to su the Ms. cretusens and conditons of such pohoes.
- g. - . . . , .
pgicy 1 Limits of Liabihtyin Thousands (000) g%,* ;g, -tTYPE
,t . ' . . or. .msuRANCE
. . , J) . ... POLcV NUMeER..
g,'. , EXPtRATCN DATE e-OC R C E AGGREGATE
. e CENERAL LIABILITY ./ e'- 4 '
A * " ' '
..552-3955 6/27/84 '
r--.'.dmem_ro~. PREMISES- oPERATONS _ _ " ' h ~ ~ ...
.~ ,
PROPERTY DAMAGE 5 5
.,=%.,4 ,.
[ HAzano - - ..--., UNDERGROUND MAZARD - - PRODUCTS / COMPLETED OPERATONS MAZARO 80DILY RJURY AND CONTRACTUAL msuRANCE 8 ROAD FORM PROPERTY PROPERTY DAMAGE COMBINED
$1,QQQ $$,QQQ DAMAGE INDEPENDENT CONTRACTORS e PERSONAL mJURY I PERSONAL mJURY AUTOMOBILE LIAB!LITY -
eODity mjuRY
, ll 70' (1 AC M PERSON)
COMPREMENS!VE FORM , 80DILY INJURY I ' OWNED ' g,h PROPERTY D AM AGE l$ l 90DILY #UURY AND I A-NON4WNED pgopgg7y p ggg S Cou8rNtO -- EXCESS LIABILITY BODILY WUURY AND UMBRELLA FORM I I
, PROPERTY MMAGE oTHER THAN UM8RELLA
- a- COMenED -
,. . . pop,4 .
,- WO;'KERS' COMPENSATION '
, , . STATUTORY y'J P '4- and i m *- NN MW*EN-D E '-
N'~ [. MPLOYER5' LIABILITY + h. '"
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- T* y s y, ,g , ,,f , wc,,,ceu,a,
's ' .; Us .' '. =, OTH(R .. .3 . rW ** - . y - , - t .' r , -* " .-
%t 'If Q*'4 .? ,~:' $.'$ :s t.' +. h 1.f;.g. ',; ."-
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M CmPToM or,OPtRATexseCAToNsutNeus ~LILCO:- Local Emergency Response Organization services ~
,,','to be provided: to make available ambulances, ambulettes, and invalid
. ' coaches (and possibly drivers, and maintenancp personnel) as described i- by contractual agreement.
- l Cancell: tion: St 'uld any of the above described policies be cancelled before the expiration date thereof, the issuing com-l
'pa ny will endeavor to mail M _ days written notice to the below named certificate holder, but failure to mail such notice shallimpose no obligation or liability of any kind upon the company.
Y. , NAME AND AOORESS OF CERTIFCATE HOLDER .- j ,l , DATE ISSUCD. . Taming 1 1 Q4/ P ' j' . . MediBus, Inc. , , f.~ E? 225 Oser Avenue Eauppauge, New York 11788 ! - V. F;" _ . P
, AUTHon rtEPRESE NT ATivt
- '. ., .4 = ~
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o ATTACHMENT 16 t c . w: - ,- vew. -
/Eg LONG ISLAND LIGHTING COMPAffy' 17 5 EAs? orL D CoU NTRY ROAD H IC K sV I LLE. NEW YORK 11801 s' , .s.w , , - .oe.r. : .. ,
. I.
Dbut Dul Number
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! January 30, 1984 l I Mercy Medical Transportation Service, Inc. ! P.O. Box 194 Island Park, NY 11558 Attention: Mr. Chris Cunningham
Subject:
Shoreham Nuclear Power Station Local Emergency Response Plan Gentlemen: We are enclosing herewith one (1) copy of the agreement covering your furnishing manned vehicles for the subject project, which has been executed by the Long Island Lighting Company. , Purchase Order Number 368354 has been assigned to this agreement. Please note this Purchase Order Number on all invoices to be submitted in connection with this agreement. Very truly yours, Thomas . ill TJH/bd cc: J. A. Weismantle (2) - Internal Audit# LERO File k/
~
Purchasing Department
i . MC.ONEORMED&ORY *
.\
! N This Agreement made as of the first day of January 1984, by and ! between Long Island Lighting Company, a New York Corporation having s its principal place of business at 250 Old Country Road, Mineola, New York (" Company"); and Mercy Medica,1 Transportation Service, Inc., a New York Corporation, having its principal place of business at 4043 Long Beach Road, Island Park, NY (" Contractor"). Witnesseth: SCOPE The Company hereby retains the Contractor to furnish the required manned vehicles (ambulances, ambulettes), as set forth in Schedule "A" which is attached hereto and forms, a part hereof, on an "as required" basis for the Company's Local Emergency Response Plan for the Shoreham Nuclear Power Station. To support said plan, the Contractor agrees, promptly after notification of a drill, exercise, or emergency, to furnish all .
-r . ',. requisitioned vehicles and pdrsonnel for the Company's a
use, and will maintain fuel, keys, certificates of registration, license plates, tags, etc., so that the vehicles can be placed in operation promptly by the Contractor. All vehicles supplied by the Contractor shall be in good operational condition and safe and fit for the purposes intended, and any drivers thereof will
?
' ~
be duly licensed as is customarily required by the SCOPE Contractor. The vehicles shall be provided in accordance (Cont'd) with applicable State and Local Rules and Regulations t governing such vehicles. In consideration of the Contractor's agreement and consent as set forth above, be the following shall govern all work and services to furnished. hereunder: 4 For the furnishing of manned vehicles for drills, HANNED d exercises and emergencies, the vehicles and drivers (an VEHICLES where applicable medical technicians) will be utilized only in the same manner and for the same purpose as is performed in the Contractor's normal mode of business. The vehicles furnished shall be in good, safe, operational condition and shall be properly maintained for immediate operation.
. o l < s The Contractor's drivers shall be duly licensed and shall have received Emergency Preparedness Training prior to vehield operation.
This training shall be at the Company's expense and at a mutually agreed upon time and place. f . l For drills, exercises and emergencies, the Company's f authorized representative will advise the Contractor o the staging area to which the manned vehicles are to report, where the vehicles shall'be completely checked , and inspected by the vehicle driver and by a 2
MANNED representative of the Company. A receipt and survey VEHICLES form for any requisitioned vehicle shall be filled out (Cont' d) and completed by the Company and the Contractor i at the staging area prior to vehicle departure an'd upon vehicle l return. i 1 f l Upon their return, all vehicles shall be completely checked and inspected by driver and by a representative of the Company, noting deficiencies and damages, if any. Claims for deficiencies and/or damages will not be considered beyond those no.ted at time of vehicle return. All vehicles will be fueled and completely checked prior to departure and completely checked upon return, i . VEHICLE The vehicles shall be furnished for a minimum . LIMITA- period of four (4) hours. ,
. TION ANNUAL The Company shall pay the Contractor annually for a five
' RETAINER (5) year period the following:
PRICE i plus 2) A
- 1) A fixed annual fee of $
retainer price to reimburse the Contractor for administrative costs involved in this contract,for making immediately available and providing 3 ambulances @
$ / year / ambulance, and for providing 4 ambulettes
@$ / year /ambulette.
3
In consideration of the foregoing annual and retainer ANNUAL fees, the Contractor agrees to make immediately RETAINER ~ available for the Company's use the entiret number of PRICE manned vehicles requisitioned by the Comfany in the . (CONT'D) event it becomes necessary to evacuate the public from the Shore, ham Nuclear Power Station's Emergency Preparedness Zone. For use of all manned vehicles furnished hereunder, PRICE the Company shall pay the Contractor the service BASIS ~ rates as specified in Schedule "A", which is attached hereto and forms a part hereof. For use of manned vehicles, straight-time service rates will be based upon the normal work day, Monday through Friday. Overtime will consist of time worked, in excess of the normal work day or time worked on Holidays will be Saturdays, Sundays and Holidays. . those~ customarily observed by the Contractor.
~.
l ' For Emergency Preparedness Training, the Company
/
shall pay the Contractor the driv'er's straight time hourly rates (and where applicable the medical technicians hourly r'ates), which includes the base
- hourly rate, contractual benefits and statutory costs, To substantiate plus an Administrative Adder of 10%.
the straight-time hourly rates, the Contractor shall supply certified payrolls with the invoice. 4
For refueling of vahicles, the Company shall pay the ~ PRICE Contractor for fuel, invoiced at cost plus c 10% adder. BASIS
\
(CONT'D) The service rates detailed herein are subject to adjus tment , to reflect any incresse resulting from any i negotiated agreements reached with Labor Unions representing Contractor's employees, any general rate increase to Contractors employees, and any increase in All incre'ases are to be supported statutory obligations. d and substantiated by documentation and calculation, an shall become effective on the date of such increase. The service rates during the normal work day shall commence when the requested canned vehicles are ready for service. These rates will terminate at time 'of vehicle For , return and immediate checkout at the staging area. requests beyond the normal wo.rk day or on Saturdays, Sundays. and/or Holidays, the service rates will commence at the time of request and will terminate at time of vehicle return and immediate checkout at the staging area. . l Terms of Payment shall be in accordance with the TERMS OF . following: PAYMENT The Company shall pay the Contractor's fixed annual 1) for the first year on a net thirty fee of $ (30) day basis upon invoice receipt, provided the 5
Contractor has first signed and accepted this . . TERMS OF contract. Each subsequent fixed annual fee shall be PAYMENT invoiced afte$ January 1 of each succeeding contract (CONT'D) . I. year. ,
- 2) The Company shall pay the Contractor's annual retainer' price, pro rata in advance on a quarterly basis, provided the Contractor submits invoices for the following quarter not earlier than the 1st day of the 3rd month of each quarter, detailing the type and the total number of vehicles which.will be made available to the Company, vehicle yard location, passenger and/or wheelchair capacity and identification and license plate numbers. Invoices -
. shall be paid on a net thirty (30) day basis after
- receipt, review and acceptance of invoices. '
9 %
- 3) The Company shall pay Contractor's service rates on .
a net thirty (30) day basis, provided invoices have
' been received which substantiate all service details, r
including, but not limited to purpose, date, bours of use, vehicle location and identification number of i
~
~
vehicle. At time of Contract execution, the Contractor shall COMMUNICATION make available to the Company a continuous, SYSTEM twenty-four (24) hour telephone service for the purpose of contracting-the Contractor in the event of 6
This service shall consist of, but an emergency. ' COMMUNICATION shall not be limited to, a full time dispatcher, the ' SYSTEMS telephone numbers and personnel to contact at the (CONT'D) Contractor'sfacility,andthenamesandhor.e of the telephone numbers of at least three (3) l Contractor's personnel who can respond to l r \ notification at the times the Contractor's facility I may be closed. . At a mutually agreed upon time and in support of the Company's Emergency Response Plan, the Contractor shall allow the Cocpany to install at the Company's expense, communications equipment at the Contractor's designated facility. Said equipment will be utilized to by the Company's Emergency Operation Cent,er (EOC) coordinate the dispatch of the Contractor's vehicles ,
, s pursuant to this' Contract.
e t The Company will advise the Contractor approximately FESPONSE seventy-two (72) hours prior to requisition for -
' NOTIFICATION training, drills and/or exercises, and approximately fifteen (15) minutes for an actual emergency.
For an actual radiological emergency, the Contractor will assign for immediate use those l -. l vehicles which are not at the time engaged in responding to a public or individual emergency. Vehicles so i 7
l engaged and therefore not immediately available for RESPONSE i the Company's requisition shall complete the work NOTIFICATION I associated with said response and upon completion, i (CONT'D) theContractor'sdispatdherfor shall contract immediate instructions and shall therefore be promptly assigned for the Company's use under this Contract. For a drill or exercise, the Contractor will i provide, as directed by the Company, those required available vehicles not needed to respond to a prior contract or commitment. For all responses, the Contractor's dispatcher will be advised by the Company's authorized . representative of the location of the staging area . to which the Contractor's vehicles are to report. The Company will submit within sixty (60) days of ' Contract execution, descriptions and locations of the staging locations.. During the period of the' Company's requisition of INDEMNITY
~ the Contractor's vehicles and personnel, the Company AND shall be solely responsible for all negligent acts INSURANCE or omissions, and will defend, indemnify and hold the
' Contractor harmless from and against all loss and damage (whether to Contractor's vehicles or
~ otherwise), and for bodily injury or death, including a
all claims for Worker'sCompensation for employees, INDEMNITY AND arising out of or in any way connected with all INSURANCE negligent use of'the Contractor's vehicles pursuant to The Company hereby agrees.do maintain, (CONT'D) this Contract.
- for the entire period of requisition of the Contractor's vehicles and personnel pursuant to this Contract, insurance c' overage (including self-insurance) in accordance with the requirements established in the copies of the Certificates of Insurance which are attached hereto and form a part hereof, which coverage is in an aggregate amount sufficient to meet all Insurance obligations under the preceding paragraph.
coverage will commence at such time as 'the contractor's vehicles are ready for the Company's requisition and l will terminate when the vehicles are returne,d to the l - staging area.
- I l r t TERMINA-At any time after one (1) year after the effective date the Company and Contractor each TION of this Contract, reserve the right to terminate this. Contract upon not less than ninety (90) days prior' written notice to the .
other specifying the terminationdate. Should the i termination date not coincide with a retainer payment period, the payment shall then be apportioned between the parties on a daily basis, pro-rata to the date of
?
termination. Upon termination no adjustment shall be made to the Contractor's fixed annual fee of S 9
i The Contractor agrees that it shall not assign this , ASSIGNMENT .
@F CON-Contract or any portion thereof, to any person, partnership, compaEy or corporation not satisfactory to
- TRACT ;
theCompany,andshallnotmakesuchanassigbentuntil f the prior written permission of the Company has been received. Any such assignment shall be void if made without the Co'mpany's prior written permission. GOVERNING The Agreement shall be governed by the laws of the State LAW AND of New York, and shall remain in effect for the five (5) CONTRACT year period commencing January 1, 1984 and PERIOD terminating at 12 o' clock midnight December 31, 1988, subject to prior termination as above provided.
' - Any extension of the aforementioned period shal,1 be
- mutually agreed upon and shall be expressed in writing o duly signed by both parties. In Witness thereof, the parties have signed this Agreement as of the day and year first above written.
Long Island Lighti pan By: O A. W. Wpf6rd '/
\
Vice President
- Purchasing I
Mercy Medical Transporta' tion Service, Inc. By: I [
Title:
et M5ak 7 10
5 SCHEDULE A Ambulance and Ambulette ! l Availability and Price list
,\
A) Vehicle Availability - , Vehicles Total Available Description l 1 1 3 Ambulance ~ 4 Ambulette . . B) . Pricing
- 1. Manned Vehicles - (Straight-Time Basis) Unit Price /Hr.
Ambulance Ambulette
- 2. Manned Vehicles - (Overtime Basis) Saturday & in
- ' Excess of Sunday &
Normal Day Holidays
. Unit Price /Hr. Unit Price /Hr.
Ambulance $ -$ Ambulette S ,l 7
. x ,:: .' . . . . _ :. .
. 3,- ,
. ~.
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L 4 11 _ __ __
L WO. .
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q cho aooatss oF AGthCv COMPANIES AFFORDING COVERAOES g g N o 1221 Avenue of the M m - co ,R'"'
* " A texington Insurance ao* 12 New Yack, New York 10020 imir'B i l E
3 AND A00Rt55 OF INSURED Em;r'C g 2as Isw Li hting 250 ola country a ma 9 caseny Em;r'D - ly Mineola, New York 11501 Emir' b, l'
- s is to certify that pohcies of msurance listed below ha a txen issued to the insured named above &ad are in to .a at this time. Notwnthstandieg any I any contract or other document with respect to which this cerDficate may be issued or may pertain. the insurance afforded by the polces d trms. Factussons and condftions of such polices. - Limits of Liability in Thousands (0o0) d Policy NuMSIR p" AGGREGATc EXPtR ION Daft
"'I7 TT TvPt or ResuRANCE j , GENERAL LIABILITY A (3 CoMPRcNthsut roRM 552-3955 6 /27/84 PRoPtRTYoAMAGt i . b PxtMists-oPtRATChs (APtO5cN AND COLLAP$t MAZARD ~ b UNotRGROUND HAZARD PRODUCTS /CCMPLETED 900:LYINJURY AND oPERATONS MA2ARO 5 5 CONTO ACTUAL INSURANC( PROPERTY D AM AGE COM8iNED 1,000 5,000 SRCAD FORM PROPERTY DAMAGE b INotPENDENT CONTRACTORS PtRSONAL enmpv I , PERSONAL WmRY
-N u ,
g'L'p{N,/3o 4 AUTO, MOBILE LIABILITY g, C "'"'"'"I"' ' "" 8Ch'C'ES's'T3 ) PROPERT v C AMAGE 5 ll 800lLY INmRY AND I PROPtRTY DAM AGt NON OnNc0 C0ue'Nt o EXCESS LIABnLITY I 8 PROPERTY DAMAGE UMBRtLLA FORM COM8iNED of ME R THAN UMBRELLA FORM l sTA'uTORY
'" W'W "
WORKERS' COMPENSATION - -a. - .-.
- EMPLOYERS
- Li BILITY N' ' ' n acuc:Eesi OTHER r '-
. .' . p ..
it$CRIPTON oF oPERATON5/LOCATONsNIMICLt$ LILCO-Local Emergency Response Organization services to be provided: tc, make available arabulances, ambulettes, and inval_id - coaches (and possibly drivers, and m'aintenance personnel) as describud,- ' by enntractnal ag rar* sin n t . Cannilation: Should any of the aboke described policies be cancelled before the expiration date thereof. the issuing com-pany will endeavor to mail .M_ days written notice to the below named certificate holder, but failure to mail such notice shallimpose no obligation or liability of any kind upon the company. Naut ANo AooRess o, CtRTiriCATE sotot" hwan 1, MM OATc t$$UtD ' Mercy Medical Transportation / Service, Inc. 4042 Long Beach Road , jC[//)gf////;W[, Island Park, New York 11558 g( Aufsom2 at,rautN1Afut
7.__ - , j [ ,fE,g'O l .LONG ISLAND LIGHTING COMPANY k - - - _- - 17 5 EAST ELD COUNTRY ROAD
- H IC K SVI LLE. NEW YORK 11808 Drect Dial Number Jcnuary 18, 1984 M:rcy Medical Transportation Service, Inc.
P.O. Box 194 11558 Island Park, NY - Attention: Mr. Chris Cunningham
Subject:
Shoreham Nuclear Power Station Local Emergency Response Plan Gentlemen: In follow-up to our telephone conversatien of this date, I cm enclosing five (5) copies each of revised pages number 1 and 10 of Lilco's contract submitted to you under cover of our letter dated January 10, 1984. These revised pages cor-rect the name of your company from Mercy Ambullete and Ambu-lance Service, Inc. to Mercy Medical Transportation Service, Inc. Please replace the original pages number 1 and 10 of the contract with the revised pages. Corrected copies of the insurance certificate will be for-warded to you as soon as they are received from our Insurance D:partment. Thank you for your attention to this matter. Very truly yours, -- f - . Thomas *11 TJH/rf Enclosures , cc: .J. A. Weismantle R. E. Monaco M.. LEROFableFile /
__......_m_.........._.,._-. . . . . . _ . ... This Agreement made as of the first~ day of January 1984, by and between Long Island Lighting Company, a New York Corporation having its principal place of business at 250 Old Country Road, Mineola, New York (" Company"); and Mercy Medica.1 Transportation Service, Inc. , a New York Corporation, having its principal place of business at 4043 Long Beach Road, Island Park, NY (" Contractor"). Witnesseth: SCOPE The Ccepany hereby retains the Contractor to furnish the required manned vehicles (ambulances , ambulettes), as set forth in Schedule "A" which is attached hereto and forms a part hereof, on an "as required" basis for the Company's Local Emergency Response Plan for the Shoreham Nuclear Power Stacion. To support said plan, the Contractor agrees, promptly after notification of a drill, exercise, or emergency, to furnish all requisitioned vehicles and pirsonnel for the Company's use, and will maintain fuel, keys, certificates of registration, license plates, tags, etc., so that the vehicles can be placed in operation prompt 1'y by the Contractor. All vehicles supplied by the Contractor shall be in good operational condition and safe and fit for the purposes' intended, and any drivers thereof will
ASSIGNMENT The Contractor agrees that it shall not assign this .0F CON- Contract or any portion thereof, to any person, TRACT partnership, compa6y or corporation not satisfactory to the Company, and shall not make such an assignment until the prior written permission of the Company has been received.. Any such assignmeut shall be void if made without the Company's prior written permission. GOVERNING The Agreement shall be governed by the laws of the State LAW AND of New York, and shall remain in effect for the five (5) CONTRACT year period commencing January 1, 1984 and ! PERIOD terminating at 12 o' clock midnight December 31, 1988, subject to prior termination as above provided. Any extension of the aforementioned period shall be mutually agreed upon and shall be expressed in writing duly signed by both parties. In Witness thereof, the parties have signed this Agreement as of the day and year first above written. l
.Long Island Lighting Company By:
A. W. Wofford . Vice President ' Purchasing Mercy Medical Transportation Service, Inc. By:
Title:
i 10
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ATTACHME ( y.m v -.--.
/E_4"O LONG ISLAND LIGHTING COMPANY L _._ , -
i7 s cast otto coU NTRY ROAD
- H IC K svl LLE, NEW YORK 11801 --
Direct Dial Number January 24, 1984 Peconic Ambulance Service Inc. Post Office Drawer P ,
. . . Jamesport, NY 11947 - -- - I Attention: Mr. Sean M. McCabe, Sr.
President
Subject:
Shoreham Nuclear Power Station Local Emergency Response Plan Gentlemen: 1 We are enclosing herewith one (1) copy of the agreement covering ydur furnishing manned vehicles for the subject project, which has been executed by the Long Island Lighting Company. Purchase Order Number 368357 has been assigned to this cgreement. Please note this Purchase Order Number on all invoices to be submitted in connection with this agreement. Very truly yours, Thomas J ill TJH/das cc: J. A. Waismantle (2) . Internal Audip ,
/
LERO File V Purchasing Department t e
... . . . . ~.- _ - . . . . ... .. . .... .
- .__ ._ _____-- ___._____- - _ _ _ _ _ _ _ _ _ _ _ _ - _ . _ _ _ _ _ . _ _ _ m._.._._. __._______s _ _ _ _ _ _ _ _ . . _ _ _
- ~:*.
C.ONEORMED COPY
~
This Agreement made as of the. first day of January 1984, by and _. between Long Island Lighting Company, a New York Corporation having its principal place of business at 250 Old Country Road, Mineola, New i York (" Company"); and Peconic Ambulance Service, Inc. , a New York
' Corporation, having its principal place of business at Post Office Drawar P, Jamesport, NY (" Contractor").
Witnesseth: SCOPE The Company hereby retains the Contractor to furnish the required manned vehicles (ambulances, ambulettes), as set forth in Schedule "A"'which is attached hereto and forms a part hereof, on an "as required" basis for the
. Company's Local Emergency Response Plan for the Shoreham Nuclear Power Station. To support said plan, the Contractor agrees, promptly after notification of a drill, exercise, or emergency, to furnish all ..
requisitioned vehicles and personnel for the Company's use, and will maintain fuel, keys, certificates of
. registration, license plates, tags, etc., so that the vehicles can be placed in operation promptly by the Contractor. All vehicles supplied by the Contrac' tor shall be in good operational condition and safe and fit 1
for the purposes intended, and any drivers thereof will l'
s SCOPE be duly licensed as is customarily required by the (Cont'd; Contractor. The vehicles shall be provided in accordance with'applicableNtateandLocalRulesandRegulations 1
- governing such vehicles. In cons ration of the .
Contractor's agreement and consent . set forth above, the following shall govern all work and services to be furnished hereunder: , MANNED For the furnishing of manned vehicles for drills,
. exercises and emergencies, the vehicles and drivers (and VEHICLES where applicable medical technicians) will be utilized
'only in the same manner and for the same purpose as is performed in the Contractor's normal mode of business.
The vehicles furnished shall be in good, safe, operational condition and shall be properly maintained for immediate operation. The Contractor's drivers shall be duly licensed and shall have received Emergency Preparedness Training prior .. to vehicle operttion. This training shall be r at the Company's expense and at a mutually agreed upon time and . place. , For drills, exercises and emergencies, the Company's authorized representative will advise the Contractor of the staging area to which the manned vehicles are to report, where the vehicles shall be completely checke'd
~
and inspected by the vehicle driver and by a 2
~
MANNED representative of the Company. A receipt and survey VEHICLES form for any requisitioned vehicle shall be filled out ~ (Cont'd) and completed by the Company and the Contractor at the _ staging area prior to vehicle departure and upon vehicle r return. i Upon their return, all vehicles shall be completely i checked and inspected by driver and b'y a representative of the Company, noting' deficiencies and damages, if any.
- - - 'Cla'ims for deficiencies and/or damages will not be 4
l considered beyond those noted at time of vehicle return. All vehicles will be fueled and completely checked prior to departure and completely checked upon return. 1 VEHICLE The vehicles shall be furnished for a minimum _ LIMIiA- period of four (4) hours. l TION , ., l i ANNUAL The Company shall pay the Contractor annually for a five ,, RETAINER (5) year period the followin'g: -
, PRICE
'l) A fixed annual fee of $ ; plus 2) A retainer pr ce to reimburse tihe Contractor for ,
administrative costs involved in this contracti,for making I immediately available and providing 8 ambulances 6
$ / year / ambulance, and for providing ! ambulettes-6$ / year /ambulette.
3-
' - - ~- - - - ^
... ., 7 .. i .. 1 i
.= ,
ANNUAL in. consideration of the foregoing annual and retainer
- RETAINER fees, the Contractor agrees to make immediately _.
I PRICE available for the Company's use the entire number of (CONT'D) manned vehicles requisitioned by the Company in the event it becomes necessary to evacuate the public from ; i the Shoreham Nuclear Power Station's Emergency l Preparedness Zone. PRICE For use of all manned vehicles furnished hereunder, EASIS the Company shall pay the Contractor the service , rates as specified in Schedule "A", which is attached hereto and forms a part hereof. For use of manned vehicles, straight-time service rates will be based upon the normal work day, Ifonday through Friday. Overtime will consist of time worked in excess of the normal work day or time worked on Saturdays, Sundays and Holidays. Holidays will be those customarily observed by the Contractor. .. For Emergency Preparedness Training, the Company .
.'shall pay the Contractor the driver's straight time hourly rates (and where applicable the medical .-
technicians hourly rdtes), which includes tihe base hourly rate, contractual benefits and statutory costs, plus an Administrative Adder of 10%. To substantiate the straight-time hourly rates, the Contractor shall supply certified payrolls with the invoice. 4
P ICE For refueling of vehicles, the Company shell pay the BASIS Contractor for fuel, invoiced at cost plus a 10% adder. (CONT'D) The service rates detailed herein are subject to i adjustment, to reflect any increase resulting from any l negotiated agreements reached with Labor Unions representing Contractor's employees, any general rate increase to Contractors employees, and any increase in statutory obligations. All increases are to be supported and substantiated, by _ documentation and calculation, and _ shall become effective on .the date of such increase. The service rates during the normal work day shall commence when the requested manned vehicles are ready for service. These rates will terminate at time of vehicle
- return and immediate checkout at the staging area. For requests beyond the normal work day or on Saturdays, Sundays and/or Holidays, the service rates will commence i at the time of request and wil'1 terminate at. time of ..
^ vehicle return and immediate checkout at t he staging area. ,
TERMS OF Terms of, Payment shall be in accordance with the PAYMENT following: ,
- 1) The Company shall pay the Contractor's fixed annual-fee of $ for the first year on a net thirty (30) day basis upon invoice receipt, 'provided the -
5
6 * '.. TERMS OF . Contractor has first signad.and accepted this PAYMENT contract. Each subsequent fixed annual fee shall be (CONT'D) invoiced afte January 1 of each succeeding contract year. .
- 2) The Company shall pay the Contractor's annual retainer price, pro tata in advance on a quarterly basis, provided the Contractor submits invoices for the following quarter not earlier than the 1st day of the 3rd month ef mach quarter, detailing the type and -
the total number of vehicles which will be made f available to the Company, vehicle yard location, passenger and/or wheelchair capacity and identification and license plate numbers. Invoices shall be paid on a net thirty (30) day basis after receipt, review and acceptance 13f invoices. r .
- 3) The Company shall pay Contractor's service rates on a net thirty (30) day basis, provided invoices have ..
' 'been received which substantiate all service details,,
including, but not limited to, purpose, date, hours of use, vehicle location and identification number of vehicle. , COMMUNICATION At time of Contract execution, the Contractor shall SYSTEM make available to the Company a continuous, i twenty.-four (24) hour telephone service for the
^
' purpose of contrac' ting the Contractor in'the event of 6
. . - . _~ . _ . -. . -
.. 1
' 1
' OMMUtiICATION C an emergency. This service shall consist of, but SYSTEMS shall not be limited to, a full time dispatcher, the (CONT'D) telephone numbers and personnel to contact at the Contractor's facility, and the names and home .
telephone numbers of at least three (3) of the Contractor's personnel who can respond to notification at the times the Contractor's facility may be closed. , t At a mutually. agreed upon time and in support of the - Company's Emergency Response Plan, the Contractor
~
shall allow the Company to install at the Company's expense, communications equipment at the Contractor's designated facility. Said equipment will be utilized by the Company's Emergency Operation Center (EOC) to coordinate the disp'atch of the Contractor's vehicles
" pursuant to this Contract.
RESPONSE The Company will advise the Contractor approximately .. I ~ NOTIFICATION '. seventy-two (72) hours prior to requisition for
. training, drills and/or exercises, and approximately ,
!.~ fifteen (15) minutes for an actual emergency.
For an actual radiological emergency, thd C.ontractor will assign for immediate use those vehicles which are not at the time engaged in
! responding to a public or individual emergency. ,
Vehicles so 1 .
- 7. ,
s RESPONSE engaged and therefore not immediately available for NOTIFICATION the Company's requisition shall complete the work ~~ (CONT'D) 'associatedwk.thsaidresponseanduponcompletion, shall contract the Contractor's dispatcher for . immediate instructions and shall therefore be promptly assigned for the Company's use under this Contract. ,
.s .
For a drill or exercise, the Contractor will provide, as directed by the Company, those required -- available vehicles not needed to respond to a prior contract or commitment, For all responses, the Contractor's dispatcher will be advised by the Company's authorized representative of the location of the staging area to which the Contractor's vehicles arg to report. The Company will submit within sixty'(60) days of
' Contract execution, des'criptions and locations of ..
'l. . l , ,
, the staging locations. -
INDEMNITY During the period of the Company's requisition of AND the Contractor's vehicles'and personnel, the Company INSURANCE shall be solely responsible for all neglikent acts or omissions, and will defend, indemnify and hold the - Contractor harmless f' rom and'a' gainst all loss and damage (whether to Contractor's vehicles or. otherwise), and fo'r bodily injury or death, including 8 _
INDEMNITY all claims for Worker'sCompensation for employees, AND arising out of or in any way connected with all INSURANCE negiigent use of the Contractor's vehicles pursuant to (CONT'D) , this Contract. The Company hereby agrees to maintain, . for the entire period of requisition of the contractor's j _ , vehicles and personnel pursuant to this Contract, L insurance coverage (including self-insurance) in accordance with 'the requirements established in the copies of the Certificates of Insurance which are attached hereto -ahdTorm a part hereof, which coverage ! is in an aggregate amount sufficient to meet all obligations under the preceding paragraph. Insurance coverage will commence at such time as the Contractor's vehicles are ready for the Company's requisition and will terminate when the vehicles are returned to the staging area. L. TERMINA- At any time after one (1) year after the effective date TION of this Contract, the Company and Contractor each *
~~;'j .':N4 ' reserve the right tio terminate this
- Centract upon. not
(
. ;, - less than ninety (90) days prior written notice to the other specifying the termination date. Should'the termination date not coincide with a retainer- payment period, the payment shali then be apportioned between the i parties on a daily basis, pro-rata to the date of termination. Upon termination no adjustment shall be made to the Contractor's fixed annual fee.of $ '.
a _._9 ._.
a ASSIGNMENT The Contractor agrees that it shall not assign this , 1 OF CON- Contract or any portion thereof, to any person, _. TRACT partnership, company or corporation not satisfactory to the Company, and shall not make such an assignment until .
. tihe prior written permission of the Company has been received. Any such assignment shall be void if made
- without the Company'a prior written permission.
GOVERNING The Agreement shall be governed by the laws of the State I:AW AND of New York, and.shall remain in effect for the five (5) - CONTRACT year period commencing January 1, 1984 and PERIOD terminating at 12 o' clock midnight December 31, 1988, subject to prior termination as above provided. Any extension of the aforementioned period shall be mutually agreed upon and shall be expressed in writing duly signed by both parties. In Witness thereof, the parties have signed this Agreement as of the day and year first above written. Long Island Lightin Company .
~_ <
A. W. p Mord ' Vice President --
- Purchasing- '
) / Ilg By: Peconic A ulance Service, Inc. f ' l
Title:
President l
- Sean M. McCabe, Sr. ,
I 10
s SCHEDULE A Ambulance and Ambulette _. Availability and Price list A) Vehicle Availability Vehicles Description Total Available .
~ ~
Ambulance . 8 Ambulette - 2 B) Pricing -
- 1. Manned Vehicles - (Straight-Time Basis) Unit Price /Hr.
Ambulance $ Ambulette ~$
- 2. Manned Vehicles - (Overtime Basis) Saturday & in
. Excess of Sunday &
Holidays Normal Day /Hr. Unit Price Unit Price /Hr.
. Ambulance $ -
Ambulette $ $ P 8
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-Ano Aon.1155 ct MENew CC?.lPANIES ATTClic!f'G COVERAGIS March & McLennan, Incorporated 1221 Avenue of the Americas - CM 7 A Lexington Insurance Co. N;w York, New York 10020 eeu . ,.. t3 ti, I" t 8 d
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Long Island Lighting Company ' 250 Old Country Road TK." D
- Minsola, New York 11501 l
Ca >Ptw I ' LETTI* Jm . tici .ms:2?:;.: g s.'y re:wr a.it. :.r t er c:N: :37 3s to certty that co .c.es cf L7surance hstac te cw as,e teen :: sue 3 ts tne ensured t'strac ac:.e anc are in 1:r:e at tn.s t.3-s. $ cont act or ott:er cecumer:t with resgett 9 13 sn c. ifts car #cala rney te assi,ed or rnsy per 3 7. tne ietsurance at cr:'ad by tre ;c .c.e4 est:rre P. emetus.cns r; c cacist.ons of sucn sche as. L:m.ts af L:sce:ct m Thoussnos Wi. St hirr p Tvetc'INSU84%CE POL O %'W'!8l P% CT ggp; oar;ngut[ _ ), p l
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i CINERAL LIA33LITY ricMy -NJcir f [t i Laws ear t rse., 552-3955 6/27/84 ;
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_ , , . . _ . - _ . _ n. - ,.;. : _ ~ .a, ; - - :- - ennon er cetur:cuStenT :mtme:.ts .LILCO-Local Emergency Response Organization services i to ba provided: .to make available ambulances, ambulettes, and invalid _, conchss (and possibly drivers, and maintenance personnel) ,a. s described by contractual agreement. __ M 1.: .e 'ce oncet: . hlcre tha -Wr: tron /*.te : tric'. t + Lui i c. t - I Cancali%:n: Shoul pany jirti! ar.yend22/cr of th+ .3b0ve to r.cildesc1O: fg .,.. ; . ., ,i..,a m.;c. :.: :, m.., ,. ., ,3,3 3ng.
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rnaii such ncti:s sh:!ii- ::est n : os.;:::ca er ti:b 1.:7 :! :rsy 'acrJ ue m :he :or :::. y s v n i.: sun.c. t1:or r.t"r-roc stu a..t.1 Januar.y__., 1 19 8 4 ru : ncic Pe, conic Ambulance Service, Inc. .
} /.
P.O. Drawer P. Jamesport, New York 11947-0611 _.{/ klM;l( r..e .m .. ..
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""~ ~ ATTACIIIiENT 18 [,fE,g LONG ISLAND LIGHTING COMPANY _ .. 17s East oto COUNT AY ROAD
- H lC K SVI LLE. NEW YORK 11801 l l
Dirvet Dial Number i Jcnuary 24, 1984 l 9 Stat Equipment Corp. Box 726 Smithtown, New York 11787 Attention: Mr. Richard A. Gabriele, President
Subject:
Shoreham Nuclear Power Station Local Emergency Response Plan Osntlemen: Ws are enclosing herewith one (1) copy of the agrement cover-ing your furnishing manned vehicles for the subject project, which has been executed by the Long Island Lighting Company. This also confirms the telephone conversation on this day between yourself and Mr. James Livolsi, whereby the overtime ambulette price in Schedule A, Section B.2 has been corrected to read S in lieu of S . Purchase Order Number 368358 has been assigned to this agree-m;nt. Please note this Purchase Order Number on all invoices to be submitted in connection with this agreement. Vcry truly yours, . Thomis J. 11 TJH/gb cc: J. A. Weismantle (2) Internal Audip LERO File V Purchasing Department
)
C_ONEORMED . COPY This Agreement made as of the first day of January 1984, by and between Long Island Lighting Company, a New York Corporation having its principal place of business at 250 Old Country Road, Mineola, New York'(" Company"): and Stat Equipment Corp., a New York Corporation, having its principal place of business at 225 Oser Avenue, Hauppauge, NY (" Contractor"). Witnesseth: SCOPE The Company hereby retains the Contractor to furnish the required manned vehicles (ambulances, ambulettes), as set
~
forth in Schedule "A" which is attached hereto and forms a part hereof, on an "as required" basis for the Company's Local Emergency Response Plan for the Shoreham Nuclear Power Station. To support said plan, the Contractor agrees, promptly after notification of a drill, exercise, or emergency, to furnish all r requisitioned vehicles and personnel for the Companys use, and will maintain fuel, keys, certificates of registration, license plates, tags, etc., so that the vehicles can be placed in operation promptly by the Contractor. All vehicles supplied by the Contractor l shall be in good operational condition and safe and fit for the purposes intended, and any drivers thereof will [ l
\'
SCOPE be duly licensed as is customarily required by the (Cont'd4 Contractor. The vehicles shall be provided in accordance with applicable State and Local Rules and Regulations governing such vehicles. In consideration of the Contractor's agreement and consent as set forth above, the following shall govern all work and services to be furnished hereunder: MANNED For the furnishing of manned vehicles for drills, VEHICLES exercises and emergencies, the vehicles and drivers (and where applicable medical technicians) will be utilized only in the same manne,r and for the same purpose as is performed in the Contractor's normal mode of business. The vehicles furnished shall be in good, safe, operational condition and chall be properly maintained for immediate operation. The Contractor's drivers shall be duly licensed and shall have received E::crgency Preparedness Training prior to vehicle operation. Thfs training shall be at the Company's expense and at a mutually agreed upon time and place. . For drills, exercises and emergencies, the Company's , authorized representative will advise the contractor of the staging area to which the manned vehicles are to report, where the vehicles shall be completely checked and inspected by the vehicle driver and by a __ __________________1___.
. *~.
MANNED representative of the Company. A receipt and survey VEHICLES form for any requisitioned vehicle shall be filled out (Cont'd) a'nd completed by the Company and the Contractor at the staging area prior to vehicle departure and upon vehicle return. Upon their return, all vehicles shall be completely checked and inspected by driver and by a representative of the Company, noting deficiencies and damages, if any. Claims for deficiencies and/or damages will not be considered beyond those noted at time of vehicle return. All vehicles will be fueled and completely checked prior to departure and completely checked upon return. VEHICLE The vehicles shall be furnished for a minimum LIMITA- period of four (4) hours. TION - ANNUAL The Company shall pay the Contractor annually for a fxve RETAINER (5) year period the followinh 1 PRICE
- 1) A fixed annual fee of $ ; plus 2) A i
retainer price to reimburse the Contractor for administrative costs involved in this contract,for making i immediately available and providing 6 ambulances t
$ / year / ambulance, and for providing 2 ambulettes l 6$ / year /ambulette.
~
i .
. .i.
l ANNUAL In consideration of the foregoing annual and retainer
~
RETAINER fees, the Contractor agrees to make immediately ( - . 1 PRICE available for the Company's use the entire number of i (CONT'D) manned vehicles requisitioned by the Company in the event it becomes necessary to evacuate the public from the Shoreham Nuclear Power Station's Emergency Preparedness Zone. ; PRICE For use of all manned vehicles furnished hereunder, BASIS the Company shall pay the Contractor the service rates as specified in Schedule "A", which is attached hereto and forms a part hereof. For use of manned vehicles, straight-time service rates will be based upon the normal work day, Monday through Friday. Overtime will consist of time worked in excess of the normal work day or time worked on Saturdays, Sundays and Holidays. Holidays will be those customarily observed by the Contractor. For Emergency Preparedness Training, the Company shall pay the Contractor the driver's straight time hourly rates (and where applicable the medical technicians hourly rates), which includes the base
~
hourly rate, contractual benefits and statutory costs, plus an Administrative Adder of 10%. To substantiate the straight-time hourly rates, the Contractor shall supply certified payrolls with the invoice.
PRICE For refueling of vehicles, the Company shall pay the BASIS Contractor for fuel, invoiced at cost plus a 10% adder. (CONT'D) The service rates detailed herein are subject to adjustment , to reflect any increase resulting from any negotiated agreements reached with Labor Unions representing Contractor's employees, any general rate increase to Contractors employees, and any increase in statutory obligations. All increases are to be supported and substantiated by documentation and calculation, and shall become effective on the date of such increase. The service rates during the normal work day shall commence when the requested manned vehicles are ready for service. These rates will terminate at time of vehicle return and immediate checkout at the staging area. For requests beyond the normal work day or on.Sapurdays, Sundays and/or. Holidays, the service rates will commence j at the time of request and will terminate at time of vehicle return and immediate checkout at the staging area. TERMS OF Terms of Payment shall be in accordance with"the PAYMENT following: ,
- 1) The Company shall pay the Contractor's fixed annual fee of S for the first year on a net thirty (30) day basis upon invoice receipt, provided the
~
TERMS OF Contractor has first signed and accepted this j PAYMENT contract. Each subsequent fixed annual fee shall be (CONT'D) , invoiced after January 1 of each succeeding contract year.
- 2) The Company shall pay the Contractor's annual e
retainer price, pro rata in advance on a quarterly basis, provided the Contractor submits invoices for the following quarter not earlier than the 1st day of the 3rd month of each quarter, detailing the type and the total number of vehicles which will be made available to the Company, vehicle yard location, passenger and/or wheelchair capacity and identification and license plate numbers. Invoices shall be paid on a net thirty (30) day basis after
~
! receipt, review and acceptance of invoices.
- 3) The Company shall pay Contractor's service rates on a net thirty (30) day basis, provided invoices have
~
been received which substantiate all service details, including, but not limited to, purpose, date, hours of use, vehicle location and identification number of vehicle. COMHUNICATION At time of Contract execution, the Contractor shall l S.YSTEM make available to the Company a continuous, 1 twenty-four (24) hour telephone service for the l purpose of contracting the Contractor in the event of 4 6 .,_ _ _ _
l :. . ' l an emergency. This service shall consist of, but COMHUNICATION SYSTEMS shall not be limited to, a full time dispatcher, the l
^'
(CONT'D) telephone numbers and personnel to contact at the Contractor's facility, and the names and home telephone numbers of at least three (3) of the Contractor's personnel who can respond to notification at the times the Contractor's facility may be closed. At a mutually agreed upon time and in support of the Company's Emergency Response Plan, the Contractor shall allow the Company to install at the Company's expense, communica'tions equipment at the Contractor's designated facility. Said equipment will be utilized by the Company's Emergency Operation Center (EOC) to coordinate the dispatch of the Contractor's vehicles pursuant to this Contract. RESPONSE The Company will advise the Contractor approximately 4 NOTIFICATION seventy-two (72) hours prior to requisition for : training, drills and/or exercises, and approximately fifteen (15) minutes for_an actual emergency. For an actual radiological emergency, the f - I ' Contractor will assign for immediate use those ! vehicles which are not at the time engaged in i i responding to a public or individual emergency. Vehicles so l 7
RESPONSE engaged and therefore not immediately available for NOTIFICATION the Company's requisition shall complete the work l , (CONT'D) " associated with said response and upon completion, i shall contract the Contractor's dispatcher for immediate instructions and shall therefore be e promptly assigned for the Company's use under this ! Contract. i For a drill or ex rcise, the Contractor will provide, as directed by the Company, those required available vehicles not needed to respond to a prior contract or commitment. I i For all responses, the Contractor's dispatcher will be advised by the Company's authorized representative of the location of the staging area
- to which the Contractor's vehicles are to report.
The Company will submit within sixty (60) days of l Contract execution, descriptions and locations of
'the staging locations.
INDEMNITY During the period of the Company's requisition of AND the Contractor's vehicles and personnel, the Company INSURANCE shall be solely responsible for all negligent acts or omissions, and will defend, indemnify and hold the Contractor harmless from and against all loss and damage (whether to Contractor's vehicles or otherwise), and for bodily injury or death, including l
- - - . - . . - . - . . - - . . . . . , - . - , . . - . ~ . - . . - . . . . . - - , , ,
- i. .,
INDEMNITY all claims for Worker'sCompensation for employees, AND arising out of or in any way connected with all INSURANCE negligent use of the Contractor's vehicles pursuant to (CONT'D)
~
this Contract. The Company hereby agrees to maintain, for the entire period of requisition of the Contractor's vehicles and personnel pursuant to this Contract, ! insurance coverage (including self-insurance) in accordance with the requirements established in the copies of the Certificates of Insurance which are ! attached hereto and form a part hereof, which coverage is in an aggregate amount sufficient to meet all obligations under the preceding pr.ragraph. Insurance coverage will commence at such ti'me as the Contractor's vehicles are ready for the Company's requisition and will terminate when the vehicles are returned to the i staging area. l TERMINA- At any time after one (1) year after the effective date TION of this Contract, the Company and Contractor each reserve the right to terminate this Contract upon not less than ninety (90) days prior written notice to the other specifying the termination date. Should the termination date not coincide with a retainer payment period, the payment shall then be apportioned between the parties on a daily basis, pro-rata to the date of termination. Upon termination no adjustment shall be made to the Contractor's fixed annual fee of $
ASSIGNMENT The Cont.ractor agrees that it shall not assign this OF CON- Contract or any portion thereof, to any person, TRACT p'artnership, company or corporation not satisfactory to the Company, and shall not make such an assignment until the prior written permission of the Company has been received. Any such assignment shall be void if made without the Company's prior written permission. I GOVERNING The Agreement shall be governed by the laws of the State LAW AND of New York, and shall remain in effect for the five (5) > CONTRACT year period commencing January 1, 1984 and PERIOD terminating at 12 o' clock midnight December 31, 1988, subj ect to prior termination as above provided. Any extension of the aforementioned period shall be mutually agreed upon and shall be expressed in writing i duly signed by both parties. In Witness thereof,, tge parties have signed this Agreement as of the day and year first above written. Long Island Lighting Company By: v/ h A. W . W61"f ord j Vice President Purchasing d < . / t /
/
/ \ By: St c 8 ipm . TitleGt - President
/
4-Stat Ambultnce Ssrvice SC HED ULE A Ambulance and Ambulette Availability and Price List w A) Vehicle Availability Vehicles Description Total Available ( Ambulance (Basic Life Support) - BLS 4
. Ambulette 2 Ambulance (Advanced Life Support) - ALS 2 B) Pricing
- 1. Manned Vehicles - (Straight-Time Basis) Unit Price / Hr.
Ambulance $ Ambulette ,
- 2. Manned Vehicles - (Overtime Basis) Saturday & in Excess of Sunday &
- Normal Day Holidays Unit Price /Hr. Unit Price / Hr.
~
AmbulaTice $ $ Ambulette $ $
- 3. Manned Vehicles - (Straight-Time Basis) Unit Price / Hr.
Ambulance - Advanced Life Support (ALS) $
- 4. Manned Vehicles - (Overtime Basis) Saturday & in Excess of Sunday &
Normal Day Holidays Unit Price / Hr. Unit Price / Hr. Ambulance - Advanced Life Support $ $
- Normal work day is 8:00AM - 4:30PM.
GMf AND ADORE 55 OF AGENCv COMPANIES AFFORDING COVERAGES Marsh Ir McLennan, Incorporated 1221 Avenue of the Americas fait"' A Lexington Insurence co. E New York, New York 10020 m MC AND ADOM15 & _%D fait"'B fMit"'C Long Island Lighting Company 250 Old Country Road imit~'D ' Mineola, New York 11501 Emit E 45 es to CactrPy that poleCies of insuranca hsted below have been issued to the msured named above and are m force at tnis time Notetnstanomg any reogtrement. teem o Coe.3w 4 anyexclussons 3 mis. Contr$C1 andor other document Conditions of such polces with resDeCt to which th45 Certificate may be issued or may pertain the insurance afforded by the polces d 3,,, ,TTE, TvPt OF iNSURANC( PollCv NUMB [ R
, Limets of Liability in Thousands (o00; N GENERAL LIABILITY (RPIRailON DAT[ j'g AGGet;A t
& CouPRcacNsivt rO'~ 552-3955 PRt ur5 L5meATIONS 6/27/84 PROP [Riv QAM AG[ $ $ E A PL ION AND COLL APSt O uNDcRGROuND Ara D ' PRODUCT $ COMPLfT[D OPER ATeQN$ MA2ARD O CON 1RACTual ,NsuRA~Ce 80 del v INJuRT ant' PRO,cR1vDA Act B AD F RM PROptR?v COMBNED 51,000 55,000 rND(pf NDE NY CONTRAC TORS PERSON AL 'NJURV PtR50NA6 rNJupv I AUTOMOBILE LIABILITY -- ' ' - N O tyyp go , COweptwtNSevf FOav BODILv iMUpf 5
- C *NE C '
] ,,og PPOptSTDAvAct '
t "7* C M BODat * *NJuev ANC q PRoot RTy DAW AGE I EXCESS LIABILITY Coun'NE t 90DqvsN>vesANF UM981tL L A FORM PRO *[Riv Dau Act 1 I CTMtpinANuwsotti A roov Cove NED T!ORXERS' COMPENS ATION sig,y,on, EMPLOYERS LIABILITY '
. . . c .r .,
OTHER 381CN OF OP(RATCNS LOC Af cN5 NEMstits LILCO-Local Emergency Response Organization services to be provided: to make available ambulances, ambulettes, and invalid coaches (and possibly drivers, and maintenance personnel) as described by contraetual acreement. Cancell: tion: Should any of the above described policies be cance!Ied before the expiration date thereof, the issuing com-pany will endeavor to mait h days written notice to the below named certificate holder. but failure to mail such notice shallimpose no obligation or hability of any kind upon the company. Naur AND ADDRcss or crRTwiCATe r.0LD<R
,,r[ ,ssuto January 1, 199/.
Stat Equipment Corp. 225 Oser Avenue f i Hauppauge, New York 11788 .y Q $g
,ur,,o,,,,c o ,,,A,,y,
)
.. as -e .... w s. carinas I
,fgj @ LONG ISLAND LIGHTING COMPANY
,, ,,, ,,w,% 17 5 EAST OtD COUNTRY ROAD
- H IC K SVI LLE, NEW YORK 19808 l ,
Direct Dial Number , g January 27, 1984 Transportation With Care, Inc. 212 West Park Avenue Long Beach, NY 11561 Attention: Mr. George Magee
Subject:
Shoreham Nuclear Power Station Local Emergency Response Plan Gentlemen:
. I We are enclosing herewith one (1) copy of the agreement ccvering yo.ur furnishing manned vehicles for the subject project, which has been executed by the Long 1sland Lighting Company.
Purchase Order Number 368359 has been assigned to this agreement. Please note this Purchase Order Number on all invoices to be submitted in connection with this agreement. Very truly yours, I Thomas J i1 TJH/bd cc: J. A. Weismantle (2)
- Internal Au,i d y LERO File v Purchasing Department
- CONFORMED C.ORY --
. \
.\ f This Agreement made as of the first day of Janusry 1984, by and between Long Island Lighting Company, a New York Corporation having l
its principal place of business at 250 Old Country Road, Mineola, New York (" Company"); and Transportation With Care, Inc., a New York Corporation, having its principal place of business at 212 West Park
~
Avenue, Long Beach, NY (" Contractor"). Witnesseth: SCOPE The Company hereby retains the Contractor to furnish the required manned vehicles (ambulances, ambulettes), as set forth in Schedule "A" which is attached hereto and forms a part hereof, on an "as required" basis for the Company's Local Emergency Response Plan for the Shoreham Nuclear Power Station. To support said plan, the Contractor agrees, promptly after notification of a drill, exercise, or emergency, to furnish all requisitioned vehicles and personnel for the Company's use, and will maintain fuel, keys, certificates of registration, license plates, tags, etc., so that the vehicles can be placed in operation promptly by the Contractor. All vehicles supplied by the Contractor shall be in good operational condition and safe and fit for the purposes intended, and any drivers thereof will f
/
/
1
SCOPE be duly licensed as is customarily required by the (Cont'd) Contractor. The vehicles shall be provided in accordance ~ with applicable State and Local Rules and Regulations fte governing such vehicles. In consideration . Contractor's agreement and consent as set forth above, the following shall govern all work and services to be furnished hereunder: HANNED For the furnishing of manned vehicles for drills, V HICLES' exercises and emergencies , the vehicles and drivers (and where applicable medical technicians) will be utilized only in the same manner and for the same purpose as is performed in the Contractor's normal mode of business. The vehicles furnished shall be in good, safe, operational condition and shall be properly maintained for immediate operation. . t % The Contractor's drivers shall be duly licensed and shall have received Emergency Preparedness Training prior . to vehicis operation. This training shall- be at the Company's expense and at a mutuN1y ' agreed upon time and
.Place. ,
~
For drills, exercises arid emergencies, the Cobpany's authorized r'epresentative will advise the Contractor of the staging area to which the manned vehicles are to report, where the vehicles shall be completely checked and inspected by the vehicle driver and by a 2 e-
MANNED representative of the Company. A receipt and. survey i I 4 VEHICLES form for any requisitioned vehicle shall be filled out _, I + (Cont'd) and completed by the Company and the Contrpetor at the staging area prior to vehicle departure and u/on vehicle . return. 1 Upon their return, all vehicles shall be completely
; checked and inspected by driver and by a representative of the Company, noting deficiencies and damages, if any.
Claims for deficiencies and/or damages will not be considered beyond those noted at time of vehicle return. All vehicles will be fueled and completely checked pr.or to departure and completely checked upon return. VEHICLE The vehicles shall be furnished for a minimum LIMITA- period of four (4) hours. TION
~
ANNUAL The Company shall pay the Contractor annually for a five j RETAINER (5) year period the following: PRICE
- 1) A fixed annual fee of $. ; plus 2) A retainer price to reimburse the Contractor for administrative costs involved in this contract,for making l immediately available and providing 5 ambulances 8 1
$ / year / ambulance, and for providing 4 ambulettes 4
6$ / year /ambulette. 3 l
ANNUAL In consideration of the foregoing annual and retainer RETAINER fees, the Contractor agrecs to make immediately ~ PRICE .available for the Company's'use the entire number of ' l (CONT'D)' manned vehicles requisitioned by the Companyfin the - . event it becomes necessary to evacuate the public from the Shoreham Nuclear Power Station's Emergency Preparedness Zone. PRICE For use of all manned vehicles furnished hereunder, i the Company shall pay the Contractor the service BlSIS ~ rates as specified in Schedule "A", which is attached hereto and forms a part hereof. For use of manned vehicles, straight-time service rates will be based upon the normal work day, Monday through Friday. Overtime will consist of time worked in excess of the normal work day or time worked on Saturdays, Sundays and Holidays. Holidays will be those'. customarily observed by the Contractor. ,
-T _ c.(;;$ h. .
*;:.q ..g For Emergency Preparedness Training, the Company ,
.shall pay the Contractor the driver's straight time houriyrates(andwhereapplicablethemedical,
~
technicians hourly rates), which includes the base hourly rate, contractual benefits and statutory costs, , plus an Administrative Adder of 10%. To substantiate the straight-time hourly rates, the Contractor shall supply certified p'yrolls a with the invoice. 4
~
PRICE For refueling of vehicles, the Company shall pay the BASIS Contractor for fuel, invoiced at cost plus a 10% adder. , (CONT'D) Theserviceratesdetailedhereinaresubjettf > adjustment , to reflect any increase resulting from any negotiated agreements reached with Labor Unions representing Contractor's employees, any general rate increase to Contractors employees, and any increase in statutory obligations. All increases are to be supported and substantiated by documentation and calculation, and shall become effective on the date of such increase. The service rates during the normal work day shall commence when the requested manned vehicles are ready for service. These rates will terminate at time of vehicle return and immediate checkout at the staging area. For requests beyond the normal work day or on Saturdays, Sundays and/or Holidays, the service rates will commence at the time of request and will terminate at time of . veNicle return and'immediate checkout at the staging
~
~
area.
~
TERMS OF Terms of Payment shall be in accordance with the , PAYMENT followfug: . i l
- 1) The Company shall pay the Contractor's fixed annual fee.of $ for the first year on a net thirty (30) day basis up'on invoice receipt, provided the 5
TERMS OF Contractor has first signed and accepted this PAYMENT contract. Each subsequent fixed annual fee shall be -- invoiced after January 1 of each succeeding contract (CONT'D)
. year.
- 2) The Company shall pay the Contractor's annual retainer price, pro rata in advance on a quarterly basis, provided the Contractor ' submits invoices for ,
the following quarter not earlier than the 1st day of the 3rd month 6f each quarter, detailing the type and the total number of vehicles which will be made available to the Company, vehicle yard location, passenger and/or wheelchair capacity and identification and license plate numbers. Invoices shall be paid on a net thirty (30) day basis after
- - receipt, review and acceptance of invoices.
, v s
- 3) The Company shall pay Contractor's service rates on
- - a net thirty (30) day basis, provided invoices have ,
been received which substantiate ;. all service details,
. including, but not limited to, purpose, date, hours ,
~
of use, vehicle location an'd 13entification number of vehicle. . COMMUNICATION At time of Contract execution, the Contractor shall SYSTEM make availab1'e to the Company a continuous, twenty-four (24) hour telephone service for the purpose of contracting'the Contractor in the event of 6
an emergency. This service .shall consist of, but CotKJHICATION SYSTEMS shall not be limited to, a full time dispatcher, the - (CONT'D) telephone num ers and personnel to contact at'the Contractor's facility, and the names an hofe . telephone numbers of at least three (3) of the
^
Contractor's personnel who can respond to .. notification at the times'the Contractor's facility may be closed. ~ l, .
~
At a mutually ugreed upon' tine and in support of the Company's Emergency Response Plan, the Contractor shall allow the Company to install at the Company's expense, communications equipment at the Contracter's designated facility. Said equipment will be utilized by the Company's Emergency Operation Center (EOC) to t - coordinate the dispatch of the Contractor's vehicles
, s pursuant to;th,is' Contract.
~
~
RESPONSE
The Company vill advise the Contractor approximately .
' NOTIFICATION, ~ seventy-twor(72) hours] prior.to requisition for .
..y- y. . ,
training, drills and/or exercise,s,:and approximately ,
': .r. ..
an ' actual ~em'ergency.
-^- -ii ., - .
fifteen (15) minutes fo For an actual radiological emergency, ch'e , Contractor will assign for immediate use those , vehicles which are not at the time engaged in responding to a public or individual emergency. Vehicles so t 7 i l
RESPONSE
engaged and therefore not immediately available for the Company's requisition shall complete the work NOTIFICATION -' associatedw[thsaidresponseanduponcompletion, (CONT'D) shall contract the Contractor's dispatcher ffor "
. ? ,
immediate instructions and shall therefore be i ..promptly assigned for the Company's use under this Contract. . , For a drill or exercise, the Contractor will __ provide, as directed by the Company, those required
~
available vehicles not needed to respond to a prior 4 contract or commitment. For all responses, the Contractor's dispatcher will be advised by the Company's authorized representative of the location of the, staging area to which the Contractor's vehicles are to report.
. The Company will submit within s'ixty (60) days of
. . Contract execution, descrip'tions and loc,ations of .
R.k n i; . ' ',
. .3](the n-.m -
staging locations. ' .Qi3Q
.s . . . , . .
?.: ..
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,.9, ,
INDEMNITY
~ '
During the period of the[ Company's . .. y. requisition of AND
.the Contractor's vehicles' and personnel,- the Company INSURANCE
-shall be solely responsible for all neglij!;ent acts i
'or omissions, and will defend, indemnify and hold the
( Contractor harmless from and against all loss and damage (whether to Contractor's' vehicles or otherwise), and for bodily injury or death, including I 8
a e INDEMNITY all claims for Worker'sCompensation for employees, , AND arising out of or in any way connected with all ~ INSURANCE . negligent use of the Contractor's vehicles ipursuant to this Contract. TheCompanyherebyagrees/tomfintain, , (CONT'D)' , - . I for the entire period of requisition of the Contractor's vehicles and personnel pursuant to this Contract,
~ insurance coverage (including self-insurance) in accordance with the requirements estblished in the copies of the Certificates of Insurance which are
. attached hereto aHd f6rm a part hereof, which~ coverage is in an aggregate amount sufficient to meet all obligations under the preceding paragraph. Insurance '
coverage will commence at such ' time as the Contractor's vehicles are ready for the Company's requisition and will terminate when the vehicles are returned to the - staging area.
.TERMINA- At any time after one (1) year after the effective date
'. TION
' of this C.ontract, the Company and Contractor each ,
a :... x. - 9 :.G,; .. . reserve the right to terminate this?.
~
Contract upon not e . , --- 0 ., . . q .,.
- 2 -
. + y- _
less than ninety (90) days prior written' notice to the , ft'; - other,specifying the termination'date'. 'Should the termihtation date not coincide with'a retaine.r payment , period, the payment shall then be appcrtioned'between the , parties on a daily basis , pro-rata to the date cf l termination. Upon termination no adjustment shall be
! made to the Contractor's fixed annur.1 fee of $
e 3
~
9
s' l ASSIGNMENT The Contractor agrees that it shall not assign this l OF CON- Contract or any portion thereof, to any person, _.
)
l TRACT partnership,companyorcorporationnotsatisjactoryto a the Company, and shall not make such an assignment until - the prior written permission of the Company has been received. Any such assignment shall be void if made without the Company's prior written permission. , GOVERNING The Agreement shall be governed by the laws of the State 5AW AND of New York, and shall remain in effect for the five (5) CONTRACT year period commencing January 1, 1984 and i PERIOD terminating at 12 o' clock midnight December 31, 1988, subject to prior termination as above provided. Any extension of the aforementioned period shall be mutually agreed upon and shall be expressed in writing , duly signed by both parties. In Witness thereof, the parties have signed this Agreement as of the day and year
~
first above written. Long Island Lighting Company i By: - i h \ i A. W. Wgf* ford; \ e . Vice President Purchasing By: Trans rtation,Wi Care, Inc.
Title:
[ no _. _ _
'l SCHEDULE A Ambulance and Ambulette _.
Availability and Price list
}
f
. t .
A) Vehicle Availability Vehicles Description Total Available 1 Ambulance 5 Ambulette
- B) Pricing - - -
- 1. Manned Vehicles - (Straight-Time Basis) Unit Price /Hr.
Ambulance $ Ambulette $
- 2. Manned Vehicles - (Overtime Basis) Saturday & in Excess of Sunday &
Normal Day Holidays Unit Price /Hr. Unit Price /Hr. Ambulance $ $ Ambulette $ $
.," - ,e,
- 9 m
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- I .
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[ _, , THIS CERTIFICATE,ls 155UED A5 A MA . . "- A THIS CERTIFIC ATE DOE 5 NOT AMEND. J AND .. $ OF AGENCY ' ' ' - COMPANIES AFFORDING COVERAGES Marsh E.MrTannan, Inc. 1221 Averme of the >=v ka= .- cOM,'"' unER A~ W Insurance Co. New Yack, New York 10020 U- .- '.*- COMPANY urTER B \ , a aND ADOREss or msuRED P
. . cou LETTER ANv C .
l Iong T=1=rd Lighting thany ! 250 old Country me a =^>" D . Mineola, New York 11501 W .ci g s.E?r Ch W ic:,6 . . M - r W . - - M#".E c-~~ .- ni : -~c pis to certify that pormoes of unsurance hstad below have been issued to the insured named above and are en force at trus tirne. Notwithstanding any requirement, term or conditgm any contract or other document with respect to wh ch this certrficate may be issued or rnay pertain, the insurance afforded'* by the pcompes cesenbed herein is subj.ct to all the rms. ==ehems and conditions of such policies. - .
. v ._ 5. . .
** . .r- *,,,e.-?,otigy d ' Lirnits of Liability in Thousands (oOO) '
j g PA <-4;'*4 W W W .: 7. ', . . I . . . .'s.,8 q ):Tl* . * * *. POLICY NUMBER -;,3, '";- r.. ,.f ". +*%DPIRATION. agggggayg EACH gn- ;.- .. PE OF y INSURANCE e- .,
.Q ..... .
D ate'. *. . OCCURRENCE L- ;*CENERAL LIABILITY W o f4a - .. ,- . ~.
+b w.".
SODILY INJURY 5
- ~- 5
\. , . , .v . . ,.c . . 9 . - ., , ,
'~
' 6/27/84 .PROnm " D-AGE f 8 cOMeRtNtNs&E Foam 552-3955 " *.; - -
! - O PRtMrsts-oPERATONs . _ i s i DPLOSON AND COLLAPSE MAZARD UNDElhGROUND MAZARD PRODdCTSNOM LETED OPERATONS HAZARD llODILVINJURY AND cONTReTuAt asuRANCE PROPtRiv DiuAGE s 1,000 s5,000 BrCAD FORM PROPERTY COM8NED DAMAGE INDEPENDENT CONTRACTORS I b PERSONAL INJURY PERSONAL INJURV AUTO, MOBILE LIABILITY 800'LY *JU'Y s
,~-~9 (EACH PERSON)
BOOILY INJURY I 'I COMPREMENSIVE FOerM
' (EACH ACCIDENT)
CWNED -
] PROPERTY DAMAGE ls _ _
SOOiLY INJURY AND - i NON4WNED PROPERTV DAM AGE 5 "_ "-- .,,- COM9'NED EXCESS LIABILITY .
.- 300tLV INJURY AND I I UMSRELLA FORM ,
PROPERTY DAMAGE . e, OTHER THAN UMBRELLA .:** COM80eED *
,, FORM *
... STATUTORY ,
gg,. . _ . . . . . . . . . , .. , . , . . . WgRKERS'CgMPENSATIO,N . ,. , ; 3, . , . y/ gyn[Mai /fiM;L ;M. 14 ';, . <
$4by,'@c , ,..
'"*J,- , : , ,n .
Ad EMPLOYERS' LIABILITY . -*f:..'. '
-' c" -*: <M - "'$ WN.
WF -
' ' anc a,ccer.ai Es j~$,bi.OTHER,g.'.,-[ ..y.
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~M V;m%)tM.4j.2.,g;. c. q. 99 ..gd ? q r
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d.- - --cW: m. %.
...t. .
h I ' = fFTON oF OPERATOMS.10CATIONSNEHICLES i
, LILCO-Local Emergency Response Organization services '
l to be provided:' to make available' ambulances, ambulettes,- and invalid coaches (and possibly drivers, and.'ntaintenance personnel) as described ' by contract ual agreement. ! C:ncell*. tion: Should any of the above desgbed policies be cancelled before the expiration dat's thereof. the issuing com-
; pany will enveavor to mail days written notice to the below named certificate holder, but failure to j
. mail such notice shallimpose no obligation or liability of any kind upon the company.
- /
NAME APO ADORE 55 0F CERTIFICATIHOLDER- / *"'"
,/ Daft essVED Jannary 1. 1984 Transportation with Care,'Inc. .
/'
3 212 West Park Avenue Long Beach, New York 11561 [ AUTHORIZE LPRE[TAirVE ms ctis) ~-
. --_--;..~.--v .
ATTACHMENT 20 l /EJ O d LONG ISLAND LIGHTING COMPANY _m 17 5 EAST O i.D COU NTRY ROAD
- H IC K SVI L LE, NEW YORM 11801 Dired Dial Number January 24, 1984 Weir Metro AmbuService, Inc.
2380 Pond Road " -~
~ Ronkonkoma. NY 11779
~
Attention: Mr. Maxwell Rosenblatt General Manager
Subject:
Shoreham Nuclear Power Station Local Emergency Response Plan Gentlemen: We are enclosing herewith one (1) copy of the agreement covering your furnishing manned vehicles for the subject project, which has been executed by the Long Island Lighting Company. Purchase Order Number 368360 has been assigned to this agreement. Please note this Purchase Order Number on all invoices to be submitted in connection with this agreement. Very truly yours. Thomas J. 1 TJH/das cc: J. A. Weismantle (2) Internal Audiy , LERO File v ' Purchasing Department
[m.- . . CONEORMED' COPY . This Agreement made as of the first'" day of January 1984, .b and between Long Island Lighting Company, a New York Corporation having its principal place of business at 250 Old Country Road, Mineola, New
^ ..a w
. .. ...?... ,.: .: . .:. .;;;.. .
l York (" Company"); and Weir Metro AmbuService, Inc. , . Ja New York n
- - .-..-i.....
3 . . .. . r .: .. t
. Corporation, .having its . principal,. place,..~of business ...:, . at 2380. Pond -
z.w.
- y.:,.p.::
~_
Road, Ronkonkoma, NY (" Contractor",)." 'a
~ .'.. .
Witnesseth: SCOPE The Company hereby retains'the Contractor to furnish the required manned vehicles (ambulances, ambulett es), as set , forth in Schedule "A" which is attached hereto and forms a part hereof, on an "as required" basis for the Company's Local Emergency Response Plan tor the Shoreham
' Nuclear Power' Station. ,To' support said plan, the
- - . . . :. .=.; .
~
- < -Contractorla'grees',.promptly,after notification of a ..
. . . . . .- e
' 659f;.1H. drill, exercise',Vor emergenc'y, -to f.urnish all+ , ..
{.f e Q . .Qec.- . . . . . . - n. ' ._q.p?3.s?:T , - .:Q .g; . . requisitioned'yehicles an personnel for the" Company's ,
' ~ .
. . . :- : . ; i .', .
.: . . :.f ' %
use,' and will. maintain. fuel'akeys, certificates of .,j-
- "f- , ' '
. r .g
>;R.- r.*,pg&;.g. .:. g.;4.;p;, . - . .. . registration,' :..- license plates,. tags,'etc., so that the vehicles can be placed in operation promptly ,by the Contractor. All vehicles supplied by the Contractor shall be in good operational condition and' safe and fit for the purposes intended, and any drivers thereof will a I
- t 1
SCOPE be duly licensed as is customarily required by the (Cont' d) Contractor. The vehicles shall be provided in accordance
~
~
with' applicable State and Local Rules and Regulations
,,- _ governing such vehicles. In consideration of he .
Contractor's agreement and consent as set forth above, the following shall govern all work and services to be furnished hereunder: MANNED For the furnishing of manned vehicles for drills, VEHICLES exercises and eme.rgenc-les, the vehicles and drivers (and _ where applicable medical technicians) will be utilized only in the same manner and for the same purpose as is performed in the Contractor's normal mode of business. The vehicles furnished shall be in good, safe, operational condition and shall be properly maintained for immediate operation. The Contractor's drivers shall be duly licensed and shall have received Emergency Preparedness Training prior . . 4
, ,jy,l;,
- n . .-
#' to vehicle operation. This training shall be at the ,
~
',[ ' Companh'sexpenseandatamutuallyagreedupontimeand -
;r . ,. ,
- y'O
~
place. - ,- , d For drills, exercises and emergencies, the Company's authorized representative will advise the Contractor of the staging area to which the manned vehic1'es are to report, where the vehicles shall be completely checked i and inspected by the vehicle driver and by a - , 2 _m, .,_,.,,,__-,r,__ . , - ---. ,m
;.Y.
MANNED representative of the Company. A receipt and survey VEHICLES form for any requisitioned vehicle shall be filled out (Cont'd) and completed by the Company and the Contractor at the staging area prior to vehicle departure and upon vehicle return. Upon their return, all vehicles shall be completely checked and inspected by driver and by a representative of the Company, noting deficiencies and damages, if any. Claims for deficiencies and/or damages will not be considered beyond those noted at time of vehicle return. All vehicles will be fueled and completely checked prior to departure and completely checked upon return. VEHICLE The vehicles shall be furnished for a minimum , I LIMITA- period of four (4)' hours. TION f ANNUAL The Company shall pay the Contractor annually for a five i RETAINER (5) year period the following: PRICE
- 1) A fixed annual fee of $ ; plus 2) A l
retainer price to reimburse the Contractor for administrative costs involved in this contract,for making-immediately available and providing 14 ambulances 6
$ / year ambulance,.and for providing 49 ambulettes t$ year ambulette.
3
e e-ANNUAL In con. sideration of the foregoing annual and retainer RETAINER fees, the Contractor agrees to make.immediately PRICE available for the Company's use the entire number of (CONT'D) - manned vehicles requisitioned by the Compan in the event it becomes necessary to evacuate the public from the Shoreham Nuclear Power Station's Emergency Preparedne'ss Zone. . . PRICE For use'of all manned vehicles furnished hereunder, BASIS the Company shall Fay the Contractor the service - rates as specified in Schedule "A",-which is attached hereto and forms a part hereof. - 1 For use of manned vehicles, straight-time service rates will be based upon the normal work day, Monday through Friday. Overtime will consist of time worked in excess of the normal work day or time worked on Saturdays, Sundays and Holidays. ' Holidays will be those esstomarily observed by the } Contractor. ,
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For Emergency' Preparedness Tr'aining', the Company ,
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shall pay the Contractor'the driver's~ straight time
. hourly rates (and where applicable the medical-technicians hourly rates), which includes the base hourly rate, contractual benefits'and statutory costs, plus an Administrative Adder of 10%. To substantiate the straight-time hourly rates, the Contractor shall supply certified payrolls with the 3.nvoice.
2 4
oe , PRICE For refueling of vehicles, the Company shall pay the BASIS Contractor for fuel, invoiced at cost plus a 10% adder. 1 (CONT'D) The service rates detailed herein are subject 'tf . adjustment , to reflect any increase resulting from any negotiated agreements reached with Labor Unions
- - representing Contractor's employees, any general rate increase to' Contractors employees, and any'. increase in statutory obligations. All increases are to be supported
-- and substantiated 'by-documentation and calculation, and __
shall become effective on the date of such increase. The service rates during the normal work day shall l commence when the requested manned vehicles are ready for service. These rates will terminate at time of vehicle return and imr$ediate checkout at the staging area. For requests beyond the normal work day or on Saturdays, Sundays and/or Holidays, the service rates will commence
~
at the time of request and will terminate at time of .. l vehicle retu'rn 'and'immediat'e checkout at the. staging .
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TEktMSOF . Terms of Payme't n shall be in accordance with the, PAYMENT following: ,
- 1) The Company shall pay the Contractor's fixed annual fee of $ for the first year on a net thirty l (30) day basis upon invoice receipt, provided the l
2 l 5
I
.f TERMS OF Contractor has first signed and accepte,d this PAYMENT contract. Each subsequent fixed annual fee shall be (CONT'D) invoiced after January 1 of each succeeding contract year.
1
- 2) The Company shall pay the Contractor's annual retainer price, pro rata in advance on a quarterly basis, provided the Contractor submits invoices for the following quarter not earlier than the 1st day of the 3rd month of each quarter, detailing the type and i the total number of vehicles which will be made
- available to the Company, vehicle yard location, passenger and/or wheelchair capacity and identification and license plate numbers. Invoices shall be paid on a net thirty (30) day basis after receipt, review and acceptance of invoices.
- 3) The Company shall pay Contractor's service rates on a net thirty (30) day basis, provided invoices have i
been received which substantiate all service det:fis, e including, but not limited to, purpose, date, hours of use, vehicle location and identification number of vehicle. i COMKUNICATION At time of Contract execution, the Contractor shall SYSTEM make available to the Company a continuous, twenty-four (24) hour telephone service for the
; purpose of conttacting the Contractor in the event of
.pld 6
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COMMUNIC TION an emergency. This service shall consist of, but SYSTEMS shall not be limited to, a full time dispatcher, the - l i
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(CONT'D) telephone nudbers and personnel to contact at the Contractor'sfa'cility,andthenamesandhhme - telephone numbers of at least three (3) of the Contractor's personnel who can respond ter
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. notification at the times the Contractor's facility
.r may be closed.
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- At a mutually -agreed upon time 'and in support of the
. Company's Emergency Response Plan, the Contractor .
shall allow the Compcny to install at the Company's expense, communications equipment at the Contractor's designated facility. Said equipment will be utilized J by the Company's Emergency Operation i mter (EOC) to coordinate the dispatch of the Contractor's vehicles pursuant to this Contract. e s RESPONSE TheCompany[w,illadvisethaC'ontractorapproximately. ,,
+ NOTIFICATION seventy-two'(72)f'._ . hours prior to requisition for *
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-' fand/or exercises, and approximately 5- _ training, drills,G..,~. n.
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fifteen'(15) minutes'for~an' actual emergency.
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Foranactual' radiological. emergency,thb Contractor will assign for'immediate use those , vehicles which are not at the time engaged in responding to a public or individual emergency. Vehicles so 7 .
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RESPONSE engaged and therefore not immediately available for . NOTIFICATION the Company's requisition shall complete the work . !
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(CONT'D) ' associated w'ith said response and upon completion,
- shall contract the Contractor's dispatche for immediate instructions and shall therefore be promptly assigned for'the. Company's use under this i, * - -
. . . . Contract. .. . ..:.'.. ..-
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For a drill or exercise, the Contractor will provide, as . directed by the Company, those required available vehicles not needed to respond to a prior contract or commitment. ,. . s . For all responses, the Contractor's dispatcher will i , be advised by the Company's authorized representative of the location of the staging area to which the Contractor's. vehicles are to,rpport. .
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1 The Company will submit'within sixty (60)' days of
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Contract execution,' desciiptions aisd locations of
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INDEMNITY. F ..;i:During the perio'd.6f the,. Company 's '. requisition,'of 'h. -
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- QQthe Contractor's vehicles _q.;..~and pers_onnel, the , Company AND
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INSURANCE shall be solely responsible 'for all negli[ent acts or omissions, and t71(1 defend, indemnify and hold the . Contractor harmless from and against all loss and damage (whether to Contractor's vehicles or otherwise), and for bodily injury or death, including
-- - - - - - 8_ .
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2 . INDEMNITY , all claims for Worker'sCompensation for employees, , AND arising out of or in any way connected with all - INSURANCE negligent use of the Contractor's vehicles pursuant to The Company hereby agrees to aintain, (CONT'D) this Contract.
.for the entire period of requisition of the Contractor's vehicles and personnel pursuant , c .,
to this Contract,
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- J.. ..... insurance coverage (including ,self-insurance) in
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accordance with the requirements established in the
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. . copies of the Certificates'.'of Insurance which are
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. attached hereto.d'nd form a part hereof, which coverage .--
is in an aggregate amount sufficient to meet all obligations under the preceding paragraph. Insurance , s. coverage will commence at such time as the Contractor's vehicles are ready for the Company's requisition and will terminate when the vehicles are returned to the staging area.
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7,. TERMINA- A't any time after one (1) year after - ..;.. t the effective date TION ' ' ...' of'this Contract, the Comphny'.and
. . . . . Contractor each .,
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J N t ' E x2 reserve the.r ight ti. termin.w.~ v mateithis' -.
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daysWrior'. written notice to the 2;Q.:. 7 ;1j.less than ninety (90)
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.f $fr ,... ss.94.p., . s: ., -
' .i-y p;,93 f.;/i";oth'er specifying the tesnination"date. -Should the *
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termination date not coincide with.a' retainer payment .
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period, the payment shall,'then be , apportioned between the
. parties on a daily basis, pro-rat'a to the'date of ,
termination. Upon termination no adjustment shall be made to the Contractor'c fixed annual fee of $ . _9.__ _ _
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- f. -
ASSIGNMENT The Contractor cgroes that it shall not assign this OF CON- Contract or any portion thereof, to any person, partnership, company or corporation not satisfactory to TRACT the Company, and shall not make such an assignment until
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the prior written permission of the Company has been received. ,Any such assignment shall be void if made without.the' Company's prior written permidsion. GOVERNING The Ag're'ement shall be governed by the law's of the State LA.W AND of New York,'and shall_, remain in effect for the five (5) _ 7 CONTRACT year [er}.odcommencingJanuary1,1984and . PERIOD terminating at 12 o' clock midnig'ht December 31, 1988, subject to prior termination as above provided.
~
Any extension of the aforementioned period shall be
- . mutually agreed upon and shall be expressed in writing .
duly signed by both parties. In Witness thereof, the f w parties have signed" this Agreement 'as of the day and year N.irstabovewritten.
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-' ~ Long Island L.ighting'. Company.
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A.gVf Wofford Vice President
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Purchasing %h k
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' By- eir Me us ice, Inc.
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4 _ . SCHEDULE A . Ambulance and Ambulette ~ Availability and Price list- l
. A) Vehicle Availability Vehicles '
Total Available
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Description , s .. .
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49
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B) Pricing - _ . . . _
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Manne'd' Vehicles T (Straight-Time Basis)
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Unit Price /Hr.
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Ambulance Ambulette . Manned Vehicles - (Overtime Basis) Saturday & in
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Excess of Sunday E Holidays Normal Unit Price Day /Hr.' Unit Price /Hr.
'S $
.~ Ambulance $
Ambulette $ . 4 e t
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. .;, . , r 9 AND ACOR[ss.o', . AGENCY- -- " . - - ~
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COMPANIES AFFORDING COVERAGES l'.M2rch &~McLennan,'Inco'rporated i ,
.v.1221 Avenue of the Americas '
h";r# A Lexington rcaurance co. - -~ : N3w York, New York 10020 -
. v* COMPANY LETTER l'
3 AND ADDRESS CF MsWRED COMPANY i ti m R J'
-Long*;Jaland Lighting Company 250 Old Country Road . . ..
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Mineola, New York 11501 ' l r- ' - " ' ' ' ' ' ' ' . '
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COMPANY LE M R l ~.a .e . aae +w a < s. .. .. . t '. Y.s a. ..o pis t3 omrtfy that P M ae== of insurance bsted betow have been assued to the insured named above and are in force at trus ame. Notwithstanding any requirement, term ec or conciten y contract or other document with respect to wNch this cartrhcste may ~~ be" .issued
' ' ' or rnay pertain, c the insurance efforded ~~ by the*- policies desenbod
'** herein
- is subs t to all the ws. esclusions 6nd condibons of such policies. . -~7
. Limits of Liabilityin Thousands (000) E
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ol C Rkt lAGGRICATE kG s. i-r>-,, . fa M' ( bb,. *> e **** *. I '.
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.. 30DILY NOURY i s- 5 aT O coMPirsiivt roam. M,.4.3 ,y .- 6/27/84 ' b .a 552.-3955 '. d7d!L ' - -
M. f.'- . '- e.... C) PRtuists_.OnRAToNs - - -- PROnm DAMAGE s s
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t<AzARD . UNDERGROUND HAZARD , ,
., PPODUCTs/ COMPLETED . I* . ,
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. - 900tLY INJURY AND CONTRACTUAL asuRANCt ., ,
- . PRON m O=AGr s1,000 6,000
- BROAD FORM PROPERTY COM81NCD s
c DAMAGE , INDEPENDENT CONTRACTORS UsONAL MNRY PERSONAL MJURY s AUTOMOB!LE LIABILITY g',1;'p[Ngn"f s COMPREM[N$lvt FORM BOOILY INMRY I
'. (EACH ACCIDiNT)
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* , PROPf RTY DAMAGE ls MON WNED 3C3 LY mJURY DAM AGE AND .I
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.I'LILCO-Local Emergency Response Organization services'to be providedi
~rto a.ake available ambulances,.ambulette's, s and invalid. coaches (and ~
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po ;sibl[ drivers, and maintenance personnel)' as described by contractual CcnNENu'd'any of the above described policies be ' ancelied c before t'he expiratidn date t. hereof, the issuing com:
.-l. , :5,.s.; e pany vill endeavor to mail 3.0 days written. notice to the below named certificate holder, but failure to
-<} ,4. [r- ., mail such notice shallimpose no obligation or liabil,ty of any kind .
upon the company.
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- - - NAME AM) ADDRiss OF CERTIFICATE HOLDER. .. .
.- : 2 -- oArt issuta January 1.1984 Weir Metro Ambuservice, Inc.
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.[4 . 2380 Pond Road Renkonkoma, New York 11779 hb
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- AUTHORIZE *REstNTATfvE
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ATTACHMENT 21 f4CO LON G ISL.AN D LIG HTING COM PANY ) 175 EAST CLO COUNTRY R C A O = MI C M s v l L L E, N E W YORK 19801 uam.c. c co o.no. . a July 12, 1983 ' I vmCS Pet t'Otes? Guardian Ambulance Service, Inc. 784 Jericho Turnpike St. Janies, New York 11780 Letter of Agreement Att: Mrs. Audrey Duffy
Dear Mrs. Duffy:
This letter confirms that in order to ensure proper response in the unlikely event of an accident at the Shoreham Nuclear Power Station, Guardian Ambulance Service, Inc. agrees to make available up to /f ambulances and 2 ambulettes in return for a yearly reasonable retainer to be paid by the Long s Island Lighting Co. (LILCO). In addition, Guardian Ambulance
' Service, Inc. and LILCO intend to enter into a contract providing the details of the terms by which Guardian Ambulance Service, Inc. will provide ambulances and/or ambulettes including indemnification by LILCO of the Guardian Ambulance Service, Inc. against any and all liability for personal injury or property damage; reimbursement for use of the ambulances cnd/or vans; and a description of manner in which the ambulances' and/or vans will be used.
Under this Letter of Agreement and the proposed contract, LILCO's use of Guardian Ambulance Service, Inc. cquipment will be subject to prior rights of contracts with Guardian Ambulance Service, Inc. Please indicate your agreement by signing below. Very truly yours, Accepted: Guardian Ambulance Service, Inc. 1
$% S, l$h Date i-Analet W046R/*
President # APP-B-42 REV. 3
TOWN NAME TOWN FIRE DISTRICT AMB. TOWN AMBULANCES Be11 port 0 1 Blue Point 0 0 Behemia 0 0 Brookhaven O 1 BNL Fire / Rescue Group 1 0 ,,. Centereach 3 ,,0 Center Moriches 2 0 Coram 1 0 Cutchogue 0 0 East Moriches 0 0 East Quogue 0 0 Eastport 0 0 Fire Island Pines 0 0 Flanders 0 0 Hampton Bays 0 0 Hauppauge 0 0 Holbrook 2 0 Jamesport 0 0 Lakeland 2 0 Manorville 0 3 l Mastic 0 3 Mastic Beach 2 0 Mattituck 0 0 Medford 0 2 Middle Island 2 0 Miller Place 1 0 Moriches 0 0 Mount Sinai 0 0 Nissequogue 1 0 North Patchogue 2 0 Patchogue 2 0 $ Port Jefferson 0 2 e Quogue 0 6 E Riverhead 0 0 E Rocky Point 2 0 A Ronkonkoma 3 0 $ Saint James 1 0 ' g Sayville 0 0 w Selden 2 0
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TOWN FIRE DISTRICT AMB. TOWN AMBUU.NCES TOWN NAME 3 0 Sataucket 0 Shirley 2 2 0 Smithtown 0 Stund Beach 2 0 3 Secny Brook 0 ' Tcrryville 3 2 0 - Wading River - 2 Wssthampton Beach 0 0 2 W30thampton War Memorial 0. Wact Sayville 0 - 1 0 Ycphank 44 17 TOTAL i _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ __ _am m an"m'*' . _- _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _
ATTACHMENT 23 Patients Vehicles Required Ambulatory Non-Ambulatory f Facility Buses Vans Ambulances Buses Ambulan 's, Vans Crest Hall Health 50 70 0 2 0 18 Related Facility Oak Hollow Nursing 3 141 20 0 10 36 Center Millcrest Adult 16 0 0 1 0 0 Home yo Our Lady of Perpetual 15 4 1 1 1 1 Help Convent l Ridge Rest Home 53 1 0 2 0 1 Riverhead Nursing 60 119 2 2 1 30 Home and Health Related Facility Suffolk Infirmary 27 58 130 1 65 15 Sunrest Health 27 162* 18* 1 9 41 Facilities, Inc.
- Woodhaven l'0 125* 13* 1 7 32 Nursing Home Woodhaven Home for 100 80 0 3 0 20 Adults
. i General EPZ 246 59 40 12 20 15 Population ** - ~ ~
Totals 26 113 209 Assume 10% require ambulances (2 stretchers) 90% require ambulettes/ wheelchair vans (4 wheelchairs)
** Based upon a survey mailed to all residences in the EPZ, August, 1983.
Note: All references to " Vans" shall mean "Ambulette/ vans." IV-175 Rev. 3
Attachment 24 Administration and has been confirmed on a local basis by in-house County departmental studies. Consequently, an overall , figure of 3.0 PPV is used to estimate the number of evacuating l vehicles. j HIGH-0CCUPANCY VEHICLE TRANSPORTATION Although personal vehicles are viewed as the primary mode of transportation in an evacuation, it must be recognized that there ! is a percentage cf the population within the Emergency Planning Zone who will not have access to privately-owned vehicles. Typically, these are non-car-owning families. As a result, it will become necessary to provide transportation for these individuals and the most logical method for accomplishing this is the establishment of bus service throughout the EPZ. The 1970 census figures for no-car families in the vicinity of the Shoreham plant indicates that eight (8) percent of the
, households do not own automobiles. This figure has been confirmed 0
and validated by 1980 vehicle registration data for the EPZ. I This eight percent figure is indicative of the year-round population in residence. A survey undertaken in October 1982 indicated that only 4 percent of the households contacted had no access to a vehicle. The degree of bus service to this segment of the population will vary according to the specific zone under consideration. For individual zone service, short headways (average time between buses) are more important than maximum vehicle occupancy. This is'due to the desirability of minimizing the potential exposure of people to airborne radiation while they await buses. Conversely, it is undesirable to operate a forty-passenger bus, transporting only a handful of people to established relocation centers, all of which are beyond the 10-mile area; this is under-7a V 8 R .n L.Pooling Commuter Program, 1-2. VehicleContinental Oil by_ Company, p. 1980. Polk and Company, Registration Zip Code, III-35 Rev. 2 l
utilization of the vehicle. Therefore, a transfer operation has i been developed to insure rapid service to individual zones and yet maintain a desirable level of full vehicle occupancy on the longer j trips to relocation centers. The average wait for evacuees at a transfer point will be only a few minutes before being bused on to a relocation center. The maximum wait will be approxicately twenty minutes-for about ninety people who choose not to be standees. If evacuees agree to stand on the trip from the transfer point to the relocation center I rather than wait for a seat, there will be no waiting at the transfer points. VEHICLE AVAILABILITY LILCO is pursuing a course of action regarding private bus contractors who own and operate buses in the area. We hope to have the details established shortly, at which time we will be in a posi-tion to list the number, source, and location of all high-occupancy vehicles to be used.in this plan. - DRIVER AVAILABILITY Trained and licensed LILCO employees will serve as the major source of bus drivers. 4 111-36 Rev. 2 10/18/83
Attachment 25 I [
,#E, j LONG ISLAND LIGHTING COMPANY L-_ _ _ ,8 no sast sto cou= var moao wicusvius, waw voax tieo
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Shost End Number - June 24,.1983 Mrs. Patricia Nocher Executive Director American Red Cross 475 East Main Street Pat.chogue, NY 11772
- Letter of Understanding Between LILCo and the American Red Cross
Dear Mrs. Nocher:
This letter confirms recent discussions regarding the role of the American Red Cross as determined by Charter of the U.S.
- Congress during an emergency at the Shoreham Nuclear Power Station. It is our understanding that in response to a radio-logical emergency at Shoreham, the Red Cross will fulfill its usual emergency response functions, including setting up and_
operating relocation centers for the public. Even though LERO personnel will handle radiological monitoring and decontamination assignments; to assure preparedness in an actual emergency, the Red Cross should also participate as appropriate in training, drills, and exercises. Many thanks for your continued contributions to the emergency planning effort. Sincerely, A Ma Charles A. Daverio
. d-Snergency Preparedness C9ordinator EDR/kv . - APP-B-9
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Attachment 26 FEB 2 ' EM 8 THE AMERICAN RED CROSS SUFFOLK COUNTY CHAPTER EMERGENCY RESPONSE PLAN PEACETIME RADIOLOGICAL EMERGENCIES / NUCLEAR ACCIDENTS I. PURPOSE To define the role and responsibilities of the American Red Cross when :< cetime radiological emergencies / nuclear accidents occur within the State of New York. II. SCOPE The American Red Cross will cooperate with all agencies, whose activities are directed toward the alleviation of suffering and needs caused by peacetime radiological emergencies / nuclear accidents, public and private, at the local, state and national levels. III. DEFINITION OF DISASTER: Disaster is any Natural or Man-made disaster - fire, flood, hurricane, chemical spill explosion, nuclear accident, earth-quake, blizzard, transportation wreck. American Red Cross l must be prepared to provide emergency assistance; open shelters ' and feeding operations if a large number of people affected. IV. RESPONSIBILITIES The American Red Cross will provide assistance in accordance with the Statement of Understanding between the State of New York and the American National Red Cross. s The American Red Cross regulations require that the administra-tive and fiscal controls be inseparable, and it will not assume costs for commitments made by other agencies or organizations. A. Preparedness Measures - The American Red Cross will: N.g 1. Maintain liaison with the Office of Disaster Preparedness l coordination of peacetime radiological emergencies / nulcear response planning and operations, and partici-pate in planning, preparedness and operations meetings and exercises.
- 2. Receive from that agency listings of designated mass care shelters and feeding centers, evacuation routes, re-ception centers, first aid stations, and requiremtnts for and designations of transportation and communications
~
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- . (_) )
equipment and facilities.
, 3 Recruit and train shelter managers, disaster feeding personnel, nurses, liaison personnel knd supervisors to serve in Red Cross operated mass care shelters and feeding centers.
- 4. Assist in developing agreements involving the Office of Disaster Preparedness and the owners or officials of the buildings to be used as shelter facilities for mass care operations.
B. Emergency Response - The American Red Cross will:
- 1. Conduct mass care shelter and feeding operations in centers and facilities designated in advance by the Office of Disaster Preparedness. These operations will consist of:
-Tne registration of evacuees who elect to go to mass care shelters so that there is a census at all times of the individuals and families who remain there.
-Food service
-Sleeping accommodations
-An emergency medical station supervised by an RN and the service of referring shelter occupants to a doctor or hospital if needed.
-Recreation services if the evacuees remain for an extended period of time.
- 2. Assign liaison representatives to the Emergency Opera ..
tions Centers and receptions centers. 3 Maintain contact and coordination with the Office of
- 4. Disaster Preparedness and the departments of Welfare, Education and Health.
C. Agreements have been made at appropriate local facilities for adequatic mass care shelters and feeding operations. AUTHORITIES AND
REFERENCES:
U. S. Public Law 4, 58th Congress, January 5, 1905 U. S. Public Law 93-288, Disaster Relief Act of 1974 Statement of Understanding between the Federal Emergency Management Agency and the American National Red Cross - January 22, 1982 APPENDICES: American Red Cross Organization
; ii ) Attachment 27 4
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g-LONG ISLAND LIGHTING COMPANY 17s East oto COUNTRY ROAO
- H IC M S VI L LE. NEW YORK 11801 l
Deut Dhl Nudwr February 11, 1984 Mr. Frank Rasbury Nassau County Chapter American Red Cross 264 Old Country Road Mineola, N.Y. 11501 Letter of Understanding Between LILCO and the Ameri can Red Cross
Dear Mr. Rasbury:
This letter confirms our recent discussions regarding the role of the American Red Cross as determined by Charter of the U.S. Congress during an emergency at the Shoreham Nuclear Power Station. It is our understanding that there are agreements be-tween the Nassau County Chapter of the American Red Cross and the facilities named on the attached list to use the facilities These facilities, therefore, for shelter during an emergency. cre available to provide additional space as relocation centers in the event of a radiological emergency at Shoreham. If the space in these f acilities were needed during an emergency at Shoreham, the Red Cross would fulfill its usual emergency re-oponse functions at these facilities. Even though Local Emergency Response Organization (LERO) per-connel would handle radiological monitoring and decontamination cssignments at relocation centers during an emergency at Shoreham, the Red Cross will participate as appropriate in an cctual emergency. Many thanks for your continued contributions to the emergency planning effort. Sincerely,
'))
- M d. h E aine D. Robinso LERIO EDR:pr Attachment
Attachment 28
#p STATE OF CONNECTICUT t '- 9.* 3 DEPARTMENT OF PUBl.lc SAFETY L7.[
muy
#N2 0FFICE OF CIVII PREPAREDNESS ,
December 15, 1983 Mr. Donald A. DeVito, Director Office of Disaster Preparedness State of New York Division of Military and Naval Affairs Public Security Building, State Campus Albany, New York 12226
Dear Mr. DeVito:
Subject:
Letter of Agreement. Interstate Radiological Assistance, Shoreham Nuclear Power Plant In accordance with NUREG-0654, FEMA-REP-1, Rev.1. Section II. A. 3, this letter serves as a letter of agreement between the State of Connecticut and the State of New York. The 50-mile Ingestion Pathway Emergency Planning Zone (EPZ) of the Shoreham Nuclear Power Station, New York, extends into Connecticut. There-fore, the Connecticut Office of Civil Preparedness agrees to support and provide radiological assistance in Connecticut in the event of a radio-logical related emergency and will respond in Connecticut to requests for radiological agencies. assistance from licensees, federal, state and local (county) The State of Connecticut will collect samples and interdict food, water, and milk within potentially affected areas of the Shoreham 50-mile EPZ, as required, within the boundaries of the State of Connecticut. The Connecti-cut Department of Environmental Protection (DEP) will exchange information with the New York Department of Health; Connecticut DEP point of contact is Mr. Arthur Heubner, telephone number (203) 566-5668. For information or questions, please contact Mr. Frank Grandone, Chief of Plans and Operations, of this office, at (203) 566-2074. Sincerel 0 /)MMudD Frank Mancuso FM/abd State Director Opns. file-RERP-ltr. of Agreement DEP-RCU OHS-0 EMS Dept. Agri, phone: Dept. Consumer Prot.360 Broad sirect -- 11artford. connecticut CF 15 06: , i An Fqual Opportunit.y Emph>yer '
Attachment 29 CHAPTER 5 - MAINTENANCE OF THE PLANNING EFFORT 1 - l 2 l 3 ' 5.1 Training 4 5 A prompt ~and effective response to a radiological 6 emergency at the Shoreham plant is dependent on the 7 abilities of the individuals who have designated 8 response roles. Therefore, only by increasing the 9 knowledge and proficiency of each individual through 10 l training can emergency workers achieve increased 11
- effectiveness in emergency. response. 12 13
^ Responsibility 14 15 Through the coordination and utilization of 16 available resources, the Lorg Island Lighting 17 Company is responsible for ensuring that the 18 training needs of the Local Emergency Response 19 Organization and supporting organizations - as 20 indicated within this document - are met. This 21 straining program will consist of FEMA and LILCO 22 provided training courses and will provide for 23 periodic retraining on, at least, an annual basis. 24 25-Scope of Emergency Training 26 27 A - Federal 28 29 At the Federal level, a number of training courses 30 for persons responsible for radiological emergency 31 planning, such as the LILCO Emergency Planning 32 Coordinator, are available or under development, 33 primarily through the_ Federal Emergency Management 34 Agency (FEMA). Courses presently offered include: 35 36 o Radiological Emergency Planning 37 38 o Radiological Accident Assessment 39 40
- o Radiological Emergency Operations 41
~
42 o Radiological Emergency Response Operations 43 Training Course
~
44 45 These courses are described in Table 5.1.1. 46
~5.1-1 REV. 1
B - Long Island Lighting Company (LILCO) 1 l 2 l The Long Island Lighting Company maintains an 3 on-going comprehensive training program for all 4 Local Emergency Response Organization personnel. 5 6 The primary objective of the program is to 7 provide both general and site specific emergency 8 preparedness training to the Local Emergency 9 Response Organization (LERO). This is 10 accomplished by providing the LERO with: 11 12
- 1. Classroom training sessions utilizing 13 videotape presentations, instructor 14 discussions and individualized workbooks. 15 This portion of the training program will 16 provide an understanding of: 17 18
- a. Radiological Emergency Preparedness 19 including its history since TMI, the 20 l emergency planning basis and emergency 21 classification system. 22 l
23
- b. All related emergency plans including 24 the LERO Plan, and LILCO Emergency 25 Response Plan. 26 27
- c. Radiation Protection including basic 28 principals of radiation, health effects 29 and exposure control. 30 31
- d. Specific Organizational Tasks as per 32 LERO Implementing Procedures. 33 34 l
- 2. Practical Demonstrations which include 35 hands-on experience with equipment, where 36 practical (both in the field and the 37 classroom) and video / slide sessions as well 38 as table-top exercises. 39
' 40
- 3. FEMA Graded Exercise Preparation which 41 includes the implementation of the Drill 42 program outlined in Section 5.2 as well as 43 the conduct of practice or mini-exercises. 44 45 The training program is organized into nineteen 46 emergency response special training modules. ~47 5.1-2 '
REV. 2
These modules consist of Emergency Response 1 Training given to all LERO personnel as 2 indicated by the LERO Training Matrix, Figure 3 5.1.1, are presented below: 4 5 1 ' l 6 Overall Emergency Response Training Topics 7 l l 8 Module 1 - General Emergency Preparedness Overview 9 10 o History of Emergency Preparedness since Three Mile 11 Island 12 13 o Emergency Planning Basis - Emergency Planning Zones 14 15 o Emergency Classification System 16 17 o Emergency Preparedness in New York State, Suffolk 18 County and SNPS 19 20 o The Federal Role 21 22 Module 2 - Site Specific Emergency Preparedness Overview 23 24 Overview of the Local Emergency Response Organization 25 Plan 26 27 o Organization: including lines of direction and 28 control, lines of communication 29 30 o Concept of Operations: How the plan works, how 31 emergencies are managed, including continuity of 32 emergency management 33 34 o Notification and Mobilization: How personnel will 35 be notified and mobilized for an effective response. 36 37 o EOC Operations: Coordination of all emergency 38 activities ' 39 40 o Implementing Procedures - general overview 41 + 42 43 5.1-3 REV. 2
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i Module 3 - Radiation Protection 1 2 This lesson provides all members of the LERO with an 3 understanding of: 4 5 o Basic radiation physics 6 o Biolegical health effects 7 o Common sources of radiation 8 o How to control exposure to radiation 9 o Personnel Dosimetry 10 11 12 Module 5 - LERO Notification 13 14 This lesson provides all LERO members with the specifics of 15 the notification and mobilization process 16 17 o Equipment utilized to initiate notifications 18 o Implementing procedure specifics 19 o Logistics of mobilization 20 21 22 1 I Module 8 - Communications 23 I 24 l This lesson provides instruction on the types and specific 25 ; applications of the communication systems employed by LERO. 26 ' 27 i 28 Module 9 - Personnel Dosimetry _ 29 30 Building on the basic radiation protection knowledge 31 provided in Module 3, this lesson provides training to all 32 LERO members on the application and utilization of 33 radiation dosimetry to be used by LERO members. 34 , 35 l 36 Module 10A - Personnel Monitoring 37 38 This lesson provides all LERO personnel with an 39 understanding of radiological monitoring and 40 decontamination process. 41 42 43 - Specific Emergency Response Training Topics
- 44 45 These Modules consist of training aspects which are geared 46 toward specific emergency activities and are presented to 47 5.1-4 REV. 1
l limited personnel as indicated on the LERO Training Matrix 1 Figure 5.1.1. 2 3 i These modules include: 4 1 5 l Module 4 - EOC Activation 6 i Module 6 - Public Notification Methods and Procedures 7 Module 7 - Relocation Center Operations 8 Module 8A - Portable Radio Operation 9 Module 10A- Personnel Monitoring and Decontamination 10 Module 11 - Contaminated / Injured Persons 11 Module 12 - Traffic Control Operations 12 o Traffic Control Points 13 o Road Logistics 14 o Route Coordination 15 Module 13 - Special Evacuation Operations 16 Module 14 - Transportation Operations 17 Module 15 - Sociological Aspects of an Evacuation 18 Module 16 - Security Operations 19 Module 17 - Command and Control 20 Module 18 - Public Information 21 o Coordination 22 o Rumor Control 23 Module 19 - Administration 24 25 Practical Demonstration 26 27 Many of the modules contained in the specific training 28 topics have an associated practical demonstration. 29 Practical demonstrations consist of one or more of the 30 following: 31 32 o Procedure walk-throughs 33 o Equipment demonstrations (classroom and/or field) 34 o Video presentations 35 o Pen and paper exercise 36 37 Practical Demonstrations include: 38 39 4.1 EOC Activation 40 4.2 LERO Notification 41 4.3 Public Notification 42 43 -
- Prompt Notification System (simulated) 44
- Route Alerting 45 46 4.4 Relocation Center Activation , 47 5.1-5 ;
REV. 3 !
4.5 Communications Equipment 1 4.6 Personnel Dosimetry 2 4.7 Personnel Monitoring and Decontamination 3 4.8 Contaminated Injured Personnel 4 4.9 Traffic Guidance 5 4.10 Evacuation Route Coordination 6 4.11 Transportation Coordination 7 4.12 Security 8 9 10 A matrix is provided as Figure 5.1.1 which relates 11 the LERO personnel positions to the training program 12 module presentations. 13 14 In addition to the comprehensive training program 15 provided to the members of LERO, training and 16 information sessions will be offered to those 17 organizations which must take actions during an 18 incident at SNPS. These organizations would include 19 schools, hospitals and nursing homes situated inside 20 the 10 mile Emergency Planning Zone. The nature and 21 scope of the training provided to these various 22 organizations will be determined in meetings with 23 representatives of the particular organization. The 24 type of material to be provided to these 25 organizations may include 26 27 o A general emergency planning overview 28 o A LERO specific overview 29 o Details of the particular organizations' 30 involvement and required response 31
! 32 To the extent desired by the organizations, the 33 applicable existing LERO training materials will be 34 used. Annually, the Emergency Planning Coordinator, 35 or his designee will meet with each organization to 36 develop a timetable for conducting the agreed upon 37 training program. 38 39 For those organizations supporting a response by 40 LERO, such as the U.S. Coast Guard and ambulance 41 personnel, specific training as indicated in Figure 42 4
5.1.1 is provided on an annual basis. It is the 43 responsibility of the organizations to ensure that 44 . they maintain an adequate number of trained 45 individuals on staff at all times and to identify to - 46 the Emergency Planning Coordinator any understaffing 47 4 5.1-6 REV. 3
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which may require additional training beyond the 1 annual sessions. 2 3 1 Scheduling /On Going Training Program 4 5 , Each quarter classroom training sessions are held 6 which cover the following topics: 7 8 i Module 1 General Overview 9 l Module 2 Site Specific Overview 10 Module 3 Radiation Protection 11 Module 5 LERO Notification 12 Module 3 Communications 13 l i Module 9 Personnel Dosimetry 14 , l Module 10 Personnel Monitoring 15 ' 16 During this classroom training the attendees view 17 LERO training videotapes and complete associated 18 ' i i workbook sections. An instructor is present at each 19 session to collect attendance information, answer 20 ! questions and ensure completion of the workbook 21 material. All LILCO personnel assigned to a 22
. position in LERO must attend these sessions during 23 one of the four quarters for that given year. 24 25 In addition to the " generic" training sessions 26 discussed above, specialized classroom training 27 sessions are conducted over the course of the year 28 which each LERO member must attend depending 29 on his/her particular job assignment. These 30 specialized training sessions are conducted as 31 follows: 32 First Quarter 33 i
Module 4 EOC Activation 34 , Module 6 Public Notification 35 Module 7 Relocation Centers 36 Module 10A Personnel Monitoring 37 Module 16 Security 38 39 Second Quarter 40 Module 12 Traffic Control 41 Module 13 Special Evacuation 42 Coordination 43 Module 14 Transportation Coordination 44 Module 17 Command and Control 45 Module 18 46 Public Information Module 19 Administration 47 , 3 5.1-7 REV. 3
1 Tnird Qearter 2 l Repeat First Quarter Material 3 4 Fourth Quarter 5 Repeat Second Quarter Material 6 1 7 l The LERO personnel who must attend these sessions 8 I are indicated in Figure 5.1.1. 9 l 10 In addition to maintaining the level of 11 preparedness for previously trained LERO personnel, 12 the ongoing training program provides a forum for 13 incorporating the training of newly assigned LERO 14 personnel. As the need for adding new p.rsonnel to 15 the program is identified by the LILCO Personnel 16 Department, the Emergency Planning Coordinator 17 identifies, in writing, the training sessions the 18 individual must attend (based on Figure 5.1.1) and 19 indicates the required completion date necessary to 20 maintain the LERO organization adequately staffed at 21 all times. If a key position in LERO becomes 22 understaffed, such as the Director of Local Response 23 of Manager of Local Response, a special accelerated 24 training program may be initiated by the Emergency 25 Planning Coordinator to fill the vacancy more 26 rapidly than can be accomplished through the course 27 or the normal ongoing training program. Specialized 28 training such as bus driver licensing is handled on 29 a case by case basis by the Emergency Planning 30 Coordinator. 31 32 Record Keeping 33 34 Records will be maintained by LILCO Customer 35 Relations, reflecting the type of training given, 36 the number of personnel that attend the course, 37 copies and results of workbook reviews. 38 S 9 5.1-8 REV. 3
s: : : :: ! ! : ! ! !s: : : : : t FIGURE 5.1.1 B E I II I I I l I I I E R B S E E E I E Atta hment 30 LERO TRAINING il [ - MATRIX ,,, ! i l j j- ! I ! l l I . g i l ! E ! i!.e : . i. l l : i si
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DEPARTMENT OF TRANSPORTATION Attachment 31 UNITED STATES COAST GUARD Captain of the Port 120 Woodward Avenue ,, New haven, CT 06512
, Tel:(203)773-2464 3440 11 July 1983 Mr. William F. Renz Offsite Energency Prepardness Coordinator Long Island Lighting Company 175 E. Old Country Road i Ricksville, New York 11801 l
l Re: Coast Cuard Response to Radiological Emergencies
Dear Mr. Renz:
This letter will supersede Captain of the Port (C0TP) New Haven's letter of agreement dated November 14, 1978. Should an emergency arise at Shoreham Nuclear Power Station, COTP New Haven will provide the following response:
- a. Marine Traffic Control. -
- b. Voice safety broadcasts on marine radio frequencies.
j) c. Vessels for radiation monitoring during marine traffic control patrols.
- d. Liasion personnel at LILCO's Emergency Operations Center in Hauppauge Long Island. --
To insure the effectiveness of our support and safety of our personnel, the following equipment / training must be provided by Long Island Lighting Company.
- a. Direct Reading and Thermoluminescent dosimeters for all boat crews.
- b. Radiation level monitoring devices for each boat.
- c. Ongoing refresher and updated training of Coast Guard personnel in personal safety and use of monitoring devices.
Coast Guard response to a declared emergency will be initiated upon notification by Shoreham Nuclear Power Station personnel that the emergency exists. Notifica-tion should be made to the Captain of the Port duty officer at (203)773-2464 or 773_ 2400.
.M E.W. WIEG Captain, U.S. Coast rd Captain of the Fort, New Haven Copy: CCCD3(a)
COTP NY APP-B-8 s L 1 55\ u.e. n see. weet. r=u, _ - , , - I
1 I Attachment 32 l LESSON PLAN: COAST GUARD EMERGENCY PREPAREDNESS TRAINING SESSION: TITLE: 1. ANNUAL LERO COAST GUARD TRAINING PRESENTATION DURATION: PRIMARY INSTRUCTOR: LEARNING MATERIALS Videotapes: " Radiation Naturally," "Gasic Radiation Protection," " Personnel Dosimetry;" Workbook containing Modules 3 and 9; " Radiation Protection" and " Radiation Exposure Control;" Direct Reading Dosimeters (Hi and Low Range); RM-14s; Lantern Mantels; Dosimeter Cha rgers TRAINING OBJECTIVES: Provide the Coast Guard identified to respond in support of LERO with an understanding of : Basic radiological concepts and practices Radiological protection practices Use of radiological detection and protection equipment Role of the Coast Gua rd in supporting LERO O s 9 4 FOLLOW-UP INTERROGATORY 2
. .- - . - . . ~ . .- _ - - _
.s s SESSION STEP SUBJECT TRAINING AID I Introduction A. Instructor introductions B. Experiences of TMI and Pos t-TMI upg rading o Public Inf ormation o Standa rdi zation o Drills and exercises C. Explain why Coast Guard is involved in a response for Sho reham o 10-Mile EPZ
, o Public Notification o Vessel Traffic Control D. Discuss the need to take radic-logical protective actions when performing duties. II Show videotape, " Radiation Videotape Naturally." III Pass out workbooks and explain Workbooks content / concept. i IV Show " Basic Radiation Protection" Videotape and i videotape and work through .the Workbook Module applicable workbook module. V Show " Radiation Exposure Coe ,rol" Videotape and videotape and work therelh e Workbook Module applicable workbook ma l a i s ., .i VI Conduct practical demonstrations DRD's and of radiac and dosimetry use. ' Chargers, RM-14s, and Mantels VIII Discuss a typical response - by i
- the Coast Guard to an emergency
. at Shoreham.
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l tDC4L EMERGENCYRESPONSECWGANIZATCN TRAINING ATTENDANi'I' SilFET I 1 ORGANIZATION: DATE: INSTRUCTOR: TOPIC: PRINTED NAME SIONATURE 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 13. 12. 13. 14. 15. 16. 17. 18. I9. 20. 21. 22. 23. 24. 25. lTM2annaMfilAlBIIKCkUGKeTel: hun
Attachment 33 Departrnent of Energy l Brookhaven Area Office l Upton, New York 11973 l j August 10, 1983 Mr. Charles A. Daverio Supervisor Emergency Planning
& Regulatory Services Nuclear Operations Support Dept.
LILCO 175 East Old t.iuntry Road Hicksville, NY 11801
SUBJECT:
RADIOLOC,ICAL ASSISTANCE Since your nuclear facility is located in Region I, the Brookhave4 Area Office is charged with the responsibility for providing radiological assistance in the event of an emergency. Such assistance can be requested at all times by calling 516-282-2200 and asking for radiological assis-tance, indicating the nature of the incident, the location, and how te contact authorities to coordinate our response. The Department of Energy (DOE)' will respond to requests for radio-logical assistance from licensees Federal, State, and local agencies, private organizations, or individuals involved in or cognizant of an incident believed to involve source, by-product, or special nuclear materials as defined by the Atomic Energy Act of 1954, as amended, or other ionizing radiation sources. Unless the DOE or a DOE contractor is responsibit for the activity, ionizing radiation source, or radioactive material involved in an inci-dent, DOE radiological assistance vill be limited to advice and emergency cecion essential for the control of the immediate hazards to health and safety. Radiological emergency assistance will be terminated as soon as the emergency situation is under control. Therefore, responsibility for post-incident recovery, including further action for the protection of individuals and the public health and' safety, should be assumed by the cppropriate responsible Federal, State or local government, or private authority as soon as the emergency conditions are stabilized. If you have any further questions or desire further information, feel free to contact me. . Sincerely, ,. M David Scfiveller Area Manager cc: L. J. Deal L. Cohen REV. 2 APP-B-1
/h. Attachment 34 c
t IMPELL"Y comunos cc: P. Jacobs J r. Moran W. Kerekes J. Diurno D. Trout September 21, 1983 R. Watts B/P No. 63-81 G. Krieger P. Smalley Long Island Lighting Company D. Behr 175 East Old Country Road S. Mots Hicksville, New York 11801 M. Beveridge
#SDJile Attention: Mr. Vito Elefante jft Manager - Purchasing Department rf
Subject:
Proposal - Emergency Preparedness Staff Support
Reference:
IMPELL/LILCO Meeting of September 6,1983 Gentlemen: Pursuant to the referenced meeting, Impell Corporation is pleased to submit a proposal to provide personnel for the position of Radiological Health Coordinator for the Local Emergency Response Organization. It is our understanding that this individual would be required to respond in the tvent of an accident at the Shoreham Nuclear Power Station and would, in turn, report to the Emergency Operations Center in Brentwood, New York to help coordinate Radiological Health rel,ated activities. In order to ensure that a qualified individual is available on a 24 hour basis, Impell proposes to provide a primary and four alternates for this position. Impell would ensure that one of these individuals would be maintained in a " ready status" at all times and that they would be made available for periodic training, as well, would be designated as the primary Radiological Health Coordinator. The four alternates for this position would be
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Resumes of these individuals are attached. Impell proposes to provide the services previously described on a time and ir.aterials basis in accordance with the tems and conditions of our Agreement for Engineering Consulting Services, ED81.LO LILCO * (attached). It is recomended that a budget of be established to cover the cost of these services (emergency activation, drills, training, etc. ). Please note that this budget will be used only in the event that labor or direct costs are incurred. No fee or retainer for these services will be required.
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225 BROAD HOLLOW ROAD MELVILLL NEW YORK 11747 *(Ston 42o 3200 i
September 21, 1983 Long Island Lighting Company B/P No. 63-81 . I Current' hourly billing rates for these individuals are as follows: I I Impell appreciates the opportunity to submit a proposal for this most important effort. Should you have any questions or comments, please do not hesitate to contact me at (516) 420-3255. Very truly yours, William A. Kerekes Section Manager Power Services Division Enclosures - as stated , cc: Mr. G. Moeller Mr. C. Daverio e e Sh
1 b Y Q EDS NUCLEAR D EDS ASSOCIATES O KFAE ONSA BUDGET CHANGE REQUEST / PROPOSAL REQUISITION FORM B/P NO..__.63 . A1 CLIENT lflen_ __ DATE Q/Q/R3 ___ _ TITLE I FR0 _ Qad/Hoal th rnnedina tnr ...._ . O BUDGET CHANGE REQUEST ON JOB NO. . O ED NEW PROPOSAL O REVISION NO (COMPLETE REVISION SECTION BELOW) @ O SOLD COMPLETE-JOB NO. . _ _ _ . . O SOLD PARTIAL / MARKET REMAINDER-JOB NO AMT SOLD $ _ _ . . . g O Sol.D PARTIAL / LOST REMAINDER-JOB NO. AMT SOLD $ g O SUPERSEDED BY NEW B/P NO. 9 O SUPERSEDES B/P NO. 9 O LOST TO REASON O CANCEL REASON _ PROBABILITY _9 START DATE 11/1/R3 COMPLETE DATE 11/1/R4 __ TYPE CODE i i i CUDGET ALLOCATION DMSION/ g SECTION AMOUNT 3 LEAD DMSION/SECTION 16"/l D 3 _- E g ' TOTAL g TYPE OF COMPENSATION: 0 SALARY MUL'T1 PLIER O FIXED RATE O LUMP SUM 2.99 0 E EXISTING TERMS AND CONDITIONS M GEDS AGREEMENT FOR CONSULTING ENGINEERING SERVICES NO./ DATED ED81.LO LILCO O CLIENT CONTRACT /P.O. NO. _. . O STANDARD CONTRACT FORMS INCLUDED- SCHEDULE CODE 7 g O AGREEMENT FOR CONSULTING ENGINEERING SERVICES _ _ _ Q O COMPENSATION SCHEDULE FOR CONSULTING ENGINEERING SERVICES . T C COMPUTER USE RATE SCHEDULE .- I O EMPLOYEE SALARY RANGE SCHEDULE . _ _ . O O REPRODUCTION & WORD PROCESSING RATE SCHEDULE _ - - - . . _ . O OTHER . . . . _ . . V CHANGE TYPE FROM TO
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l l EDUCATION B.S., Physics, New York Institute of Technology,1971 M.S., Radiation Biophysics, University of Kansas,1976 EXPERIENCE . is a Lead Senior Engineer with extensive experience in the Health Physics field. With Impe11 Corporation, . has perfomed in a number of - disciplines. In emergency planning, he developed a number of radiological sections to emergency plan
- scenarios for clients in the Northeast Region and has -
perforined as a Controller during an NRC/ FEMA Emergency Preparedness exercise. As a Health Physicist at a national laboratory, . emergency responsibilities included: developing emergency radiation exposure guidelines and served as a team captain of the DOE Region I Radiological Response Team, which responded to radiological emergencies. He also assisted in the development of the laboratory's revised post-TMI Emergency Plan. In the training area, . was a member of the project staff for the development of Health Physics and Chemistry Technician lesson plans for a major PWR in the Northeast Region. He trained supervisory personnel in health physics as a part of the laboratory ALARA philosophy implementation; was I Principal Health Physicist in the training of Laboratory Emergency Forces (Police and Fire Groups) in emergency response training; instructed reactor operators in fundamentals of radiation protection as part of annual retraining program, and performed general orientation programs for new employees. das responsible for performing an ALARA review of the Waste Management activities of a Northeast Region PWR. .He conducted studies on l
-radiation worker populations for ALARA philosophy and designed and developed an on-line computerized dosimetry data base for use at a large proton synchrotron. He also develo Protection Plan (NUREG 0761) forped a 60a MW Radiation research reactor.
! _ _ _ _ _ _ _ _ . _ _ _ _ . _ _ _ .~._ . _ _ _ _ _ . - . _ . . . .
PAGE TWO EXPERIENCE (continued) . has additional experience in the measurement techniques of radioactive gaseous effluents to the environment. He designed a . computerized method to produce the Semi-Annual
- Effluent Report for a major northeast utility. He '
developed environmental dosimeters and calculational ', mode 1s for determining off-site doses due to a TMI-type accident. , In addition, he has calculated doses to critica1 equipment as part of a post-LOCA equipment . qualification program using QADM00-G computer code. He has also perfomed shielding analysis for an Interim Onsite Storage facility and is familiar with X0QD00, GASPAR, and LADTAPII computer codes. Prior to his work at a national laboratory, e was employed as a Health Physics Supervisor for the Health Pt Diagnostics Inc. ysics In this Services Section at Searle capacity i vas responsible for quality assurance a,nd the technical
' serfomance of all comercial dostmetry services. '
ie also developed new types of personnel dosimeters, as well as mathematical protocol for exposum determinations for both film and TLD dosimetry systems. ' 1 PROFESSIONAL AFFILIATIONS Health Physics Society Greater N.Y. Chapter of Health Ptysics Society American Nuclear Society Long Island Chapter of American Nuclear Society Sigma Pi Sigma, Honor Society of Student Physics Society il I
{ .. _ . . i f~. I ' 1 l l I l l PAGETitree l l PRESENTATIONS " Relative Detemination of W-values for
- AND PUBLICATIONS Alpha Particles in Tissue-Equivalent and Other Gases," Physics in Medicine and Biology,1979, Vol.
24.
"Use of a Computerized Data Base to Implement ALARA at a large National Accelerator." Paper presented at 25,th Annual Meeting of the Health Physics Society, Seattle, Wash.,1980.
"The ALARA Program at the AGS" Paper presented at 15th Midyear meeting of the Health Physics Society, .
Orlando, Florida,1982.
" Comparison of ICRP-30 and ICRP-2 Dose Factors in Detemining Radiation Exposure from Liquid and Gaseous Effluents." Paper presented at 27th Annual Meeting of the Health Physics Society, Las Vegas, Nevada,1982.
" Computerization of Semi-Annual Radioactive Effluent Reporting Requirements." Paper accepted for presentation at the Annual Meeting of the Health Physics Society, Baltimore, Maryland,1983.
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I EDUCATION B.S. in Physics - 1972 - Cooper Union, New York City M.S. in Nuclear Engineering - 1975 Pennsylvania State University University Park, Pennsylvania EXPERIENCE is a Lead Senior Engineer in the Power Services Division with extensive experience and knowledge in power and research reactor reactor , operations, and mechanical eaufpment maintenance.
- is presently involved in a Control Room Design Review for a PWR. On this project .
has conducted Operator Interviews at the plant, s
- prepared a detailed control room inventory listing and conducted an operating experience review.
He has also performed accident drill scenario development, Offsite Dose Calculation Manual development, and the equipment qualification of electrical components. .
,,, Pric? to joining Impe11 Corporation, was involved for five years in reactor operations, Project Engineering, and reactor instrumentation for two operating research reactors at Brookhaven National Laboratoq. His specific responsibilities included, Project Engineer for the completion of the 60 MW Conversion Project at the High Flux Beam Reactor, Reactor Operator Supervisor Trainee at the HFBR, Chairman of the Ad Hoc Safety Review Committee for the Brookhaven Medical Research Reactor - 1980, Lead Auditor for Quality Assurance Group Reactor Division, Project . Engineer for the installation of the Cold Neutron Experimental Facility at the HFBR, as well as Representative to the Nuclear Power Engineering Committee of the IEEE. As Lead Auditor -
- 0. A., he performed full reviews of the Reactor ,
Mechanical Maintenance Group, Reactor Water Chemistry Group, Specialty Materials & Gases Procurement for Reactor Usage, the Post Mortem of Mechanical Failure
~
of the Major Water Storage Tank. - Prior to the above experience, was associated for four years with various A/E's as a nuclear systems engineer on assorted PWR and BWR plants.
1 PAGE TWO American Nuclear Society PROFESSIONAL AFFILIATIONS Health Piysics Society Institute of Electrical & Electronic Engineers l 1 h t 'O e
. \
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1 l l l l I l EDUCATION State University College of Oswego Oswego, New York Pursuit of Liberal Arts Degree Westchester Comunity College Vaha11a, New York EXPERIENCE is a Lead Senior Engineer in the Radiological Services Section with extensive experience and knowledge in power reactor health physics, chemistry, and radwaste systems c?erations . and emergency planning. Since joining Impe11 Corporation, - . has been involved in developing onsite and corporate emergency plans and implementing procedures, preparing and conducting onsite and offsite emergency ' preparedness training, fonnulating computerized atmospheric plume dispersion models, developing radiological emergency plan drill scenarios, se ccaducting emergency plan training exercises, l instructing emergency plan dril-1 controllers / observers and perfonning as the Emergency Operations Facility Controller. Prior to the above tasks, was involved in coordinating an extensive ALARA review of as-built equipment and facilities for a nearly compicted BWR, testimony support for ASLB license hearings, review and audit of a major northeast utility's environmental monitoring program, developing corporate ALARA procedures in accordance with USNRC Regulatory Guides 8.8 and 8.10, developing a state-of the-art, task oriented chemistry and health physics Technician Training Program. This PWR training l program is designed to meet NUREG 0761 and INP0 guidelines. In addition, , has participated in the development oflan ALARA Program and associated procedures for a major pre.ssurized water power reactor. '
i PAGE TWO EXPERIENCE For approximately eight (8) years prior to joining (continued) Impe11 Corporation, was involved in applied activities in support of three operating nuclear power plants. As Senior Radiological and Environmental Technician at the James A. Fitzpatrick Nuclear Power Plant (JAFNPP), acted in the capacity of - foreman responsible for development of health physics - and chemistry procedures, supervision and performance of plant chemistry and radiochemistry analyses, development of off-site release reports, and . supervision of Health Physics activities of ' approximately 35 technicians during plant outages. As a Radiation Protection Technician at JAFNPP, responsibilities included: health physics l coverage; radwaste chemistry and support; reactor
' coolant chemistry and radiochemistry; solid waste shipments; and survey instrument and plant process monitoring equipment calibrations.
.u As a nuclear plant operator at JAFNPP, . . . _ _ . .
respor.sibilities and education included: radwaste systems startup and acceptance; radwaste operations; ' turbine and auxiliary systems startup and operation; nuclear operator training school; reactor reactivity - manipulation and criticalities; and procedure review and acceptance. At Nine Mile Point Nuclear Power Plant, was assigned as a Nuclear Plant Operator with responsibilities including: radwaste systems operation and processing; turbine and reactor auxiliary equipment operations; NRC Reactor Operator Licensing School; Reactor Operator Requalification - School; reactor reactivity manipulation; reactor , criticalities; turbine startups; plant power ! transitions; refueling and LPRM replacements. ' l l 5 4
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PAGE THREE Prior to Nine Mile Point, was assigned EXPERIENCE as a Nuclear Plant Operator at Indian Point I Nuclear (continued) Plant with responsibilities including: water treatment operation and chemistry; high pressure boiler operation and chemistry; primary and secondary plant operation; and gas turbine generator operation. While in the U.S. Ariny, participated in the nuclear weapons program. His experience included reliability, accountability, security and health ' control. , PROFESSIONAL Plenary Member, Health Physics Society AFFILIATIONS REGISTRATIONS Registered Radiation Protection Technologist, AND LICENSES National Registry of Radiation Technologists PRESENTATIONS
.'" "An Approach to a Pre-Operational ALARA Review AND PUBLICATIONS of a Nuclear Power Station." Paper accepted for presentation at the 28th Annual Meeting of the Health Physics Society, Baltimore, Maryland,1983.
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EDUCATION B.S. in Physics - 1973 Albright College, Reading, Pennsylvania ( Boiling Water Reactor Technology General Electric Company - 1976 Boiling Water Reactor Radiological Engineering General Electric Company, Pleasanton, California - 1977 Radiological Maintenance United Nuclear Industries, Inc. Hanford, Washington - 1978 Internal Dosimetry, Lowell University - 1981 EXPERIENCE . . . . is the Manager of the Radiological Services 4 Section with responsibility for enhancing the region's capabilities in all radiological areas, including Health Physics /ALARA, dose assessment,
.* environmental monitoring, radwaste system upgrades, and low-level waste storage.
has over nine years applied experience in the Power Reactor Health Physics field, including utility and engineering consulting experience. With Impe11 Corporation, has been involved in various Health Physics and Radwaste projects in the capacity of project manager, project engineer. - and task leader. Currently, is project engineer for development of an Off-Site Dose Calculation Manual for a Northeast Region PWR. For this same utility, was involved in developing atmospheric dispersion mode,1s for use in emergency planning dose assessments. . Prior to this, was involved in [Radwaste Volume Reduction evaluation. In this project, was the task leader for a radwaste systems ALARA review, which included a cost-benefit evaluation of man-rem exposures associated with j radwaste operational and maintenance activities.
PAGEiWO EXPERIENCE Some of previous accomplishments with (continued) Impe11 Corporation include the following: was responsible for developing and implementing a Health Physics Technician Fundamental Training Course for a major Northeast Region BWR. This program consisted of developing the training ~' materials and conducting the course at the utility s power reactor , site. Prior to this, was responsible for development of task-oriented Health Physics, Chemistry, Contractor, and Support Technician - Training Programs for a major Northeast Region operating PWR. This state of the Art program was developed to meet NUREG-0761 and INPO guidelines, and _ included lesson plans, visual aids and practical factors tailored to the technician's responsibilities In addition, with Impe11 Corporation, has been involved in numerous Health Physics and Rad Waste projects including; development of an ALARA 9 program and procedures for two separate western region PWRs, developing ALARA system field and design review guidelines for use in reviewing operating and construction stage nuclear plant system configurations and design bases reviewing plant's radiological environmental monitoring program and providing consulting assistance with numerous shielding and dose calculation evaluations. For approximately seven years prior to joining Impe11 Corporation, ; was involved in professional Health Physics activities at two nuclear power plants, both operating and under construction. As acting Health Physics Supervisor at Susquehanna , Steam Electric Station (a two unit boiling water' l reactor under construction), supervised 15 personnel in developing a health physics program and
- related procedures to meet FSAR committments and regulatory requirements. As supervisor, was responsible for implementing required training programs, developing equipment and manpower budgets, assisting in Emergency Plan development, and developing ALARA, respiratory protection and Dosimetry programs and procedures.
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PAGE THREE EXPERIENCE In addition, (continued) aad responsibility for the operating plant volume reduction program, including handling and shipping of radwaste, adninistrative controls, and training programs, also served as a member of the Corporate ALARA Review Committee. As Health Physics Engineer at Susquehanna, ' was primarily responsible for implementing the station ALARA and exposure evaluation programs and implementing an extensive constructon stage ALARA design and field system and component review. Prior to Susquehanna, was employed as Assistant Engineer at Three Mile Island Unit I. In this capacity acted as Health Physics Foreman; super, vising technicians and assisting with health. physics evaluations end radwaste support activities through start-up, initial refueling, and nuiberous maintenance outages. PROFESSIONAL '
Health Physics Society AFFILIATIONS Delaware Valley Society for Radiation Safety American Nuclear Society e
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AGREEMENT FOR CONSULTING ENGINEERING SERVICES THIS AGREEMENT, made as of the 19th day of January 1981, by and between Long Island Lighting Company (" Client"), and EDS NUCLEAR ENGINEERS INC. OF NEW YORK (" Consultant"). l WITNESSETH: f WHEREAS, Client desires Consultant to perform certain professional engineer-ing services as hereinafter described, and Consultant desires to do so for the compen- - sation and in accordance with the terms and conditions set forth herein: NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: ARTICLE I SERVICES 'IO BE PERFORMED Consultant shall perform for Client the professional engineering services de-scribed in the attached Compensation Schedule for Consulting Engineering Services and any other addenda attached hereto during the period and in the manner. described in that Schedule. Consultant shall be an independent contractor, and not an agent of Client, in performing these services and shall accordingly have sole discretion with respect to scheduling, staffing and all other matters incidental to Consultant's performance of these services. His Agreement shall not be deemed to be an agreement for the sale of goods. Any documentary report or other tangible item furnished under this Agree-ment will be furnished solely to communicate information relating to the professional engineering services to be performed under this Agreement. I ARTICLE II COMPENSATION For satisfactory performance of the services described in the attached Compen-sation Schedule for Consulting Engineering Services and any other addenda attached . hereto, Client shall pay Consultant the, compensation provided for in that Schedule, 1 Dis compensation shall be billed to Client at calendar monthly intervais and shall be due and payable within 30 days following receipt thereof, subject to Client's right to contest in good faith all or any part of the charges set forth therein. Billings shall be prepared in such form and supported by such documents as Client may reasonably require. ED81. IA-LILCO .. . __. ___ n_._____________ _ _ _ _ _
ART 1CLE !!! . TERMINATION
'Ihls Agreement may be terminated at any time by either party by 30 days written notice to the other party. In the event of termination by Consulta'nt, any l
assignment which has been accepted by Consultant will be completed if desired by Client. In the event of termination by Client, the work shall be discontinued as ! provided in the termination instmetton, and Client shall pay as provided herein for all work done in accordance with the termination instruction. ARTICLE IV NONDISCLOSURE Provided that such information is specifically designated by Client in writing , as confidential or proprietary in nature at the time of disclosure or access, Consult-ant agrees not to divulge to third partias, without written consent from Client, any
- information obtained from or throug'a Client in connection with the performance of this Agreement unless the information is (a) in the public domain at the time of dis-closure by Consultant; (b) known to Consultant prior to obtaining the same from Client; or (c) obtained by Consultant from a third party who did not receive the same, directly or indirectly, from Client under a confidentiality obligation,to Client.
Client understands that special techniques in the arts and sciences, developed or accumulated by Consultant at its own time and expense, will be employed to benefit Client under this Agreement and agrees such special techniques are proprietary to Consultant and shall not be disclosed to any third party during or subsequent to the term of this Agreement without Consultant's prior written consent, unless such spe-clal techniques fall within one of the categories described in (a), (b) or (c) above. ARTICLE V NON-NUCLEAR INSURANCE f A. Insurance Provided by Consultant At all times hereunder, Consultant will provide and maintain the following in-surance or equivalent acceptable self-lasurance:
- 1. workers' compensation insurance with coverage in accordance with the statutory requirenients of the state where the work is to be performed;
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- 2. employer's liability insurance with a minimum limit of $500,000.00 1 for each accident or occupational disease; .
ED81. LO-LILCO _ _ _ _ _ _ _ _ _ _ . . _ _ _ _ _ _ _ . . ~ . . _ . _ _ _ . . . . , . _ _ _ _ _ . - - . _ . . . _ . _ . _ . _ , _ _ . _
- 3. comprehensive bodily injury liability insurance, including coverage for contiactualliability, personal injury and owned, Sired and non-owned automobiles, with minimum limits of $500,000.00 per occurrence,
( $500,000.00 aggregate;
- 4. comprehensive property damage liability insurance, including cover-f age for owned, hired and non-owned automobiles, with minimum limits of l
$500,000.00 per occurrence and $500,000.00 aggregate; l
- 5. excess limits coverage in addition to the insurance orovided in Para- l each occurrence, 1 graphs 2, 3 and 4 hereof with limits of $4,000,000.00 )
$4,000,000.00 aggregate combined single limits bodily injury and property damage liability.
Consultant shan, with respect to the services performed under this Agreement, " furnish Client certificates of its insurance coverage for any of the foregoing risks. - Consultant will cause Client to be named as an additional insured under its property ; damage and bodily injury liability coverage, as respects any operations of Consultant performed in conjunction with personnel of Client. B. Insurance Provided by Client i Where services performed pr to be performed hereunder are in connection with any construction activities, Client will provide and maintain "All Risk" Builders Risk Insurance or the equivalent thereof, providing protection against physical loss or damage at the site to all pucperty and equipmentlocated thereat with Consultant named as an additional insured. To the extent available, such insurance will be for the fu1111mits of the project value then at risk. Any deductible will be for the account of Client. AR'11CLE VI NUCLEAR INSURANCE AND INDEMNIFICATION Client will, without cost to Consultant: (a) enter into an agreement of indemnification (" Government Indemnity Agree-ment") contemplated by Sabsection 170(c) of the Atomic Energy Act of 1954, as amended l ("the Act") for the benefit of Client and for the benefit of Consultant; I l (b) obtain and maintain liability insurance covering on-site and off-site bodily injury and off-site property damage from the American Nuclear Insurers or the Mutual Atomic Energy Liability Underwriters, or equivalent insurance, in such amouni and in such form as shall meet the financial protection requirements pursuant to Sabsection 170(b) of the Act (" private lasurance"). ED81. LO-LILCO , f
-5 De private insurance and Government Indemnity Agreement mentioned above shall be maintained in effect (1) in the case of a constmetton project frogn the day nu-clear fuel is first shipped to the prCect site and (ii) in the , case of an existing facility, from the date Consultant begins the performance of services hereunder, and shall be continued in effect for such period as may be necessary to cover liability adsing out of or resulting from the work of Consultant. If either the private insurance or Govern-mentIndemnity Agreement mentioned above are cancelled or modified so as to expose Consultant to increased risk of liability, or in the event that the nuclear liability pro- '
taction by the Act is repealed, or expires. Client will, without cost to Consultant, secure such liability protection by insurance, indemnity or limitation of liability, private or governmental, so as to assure to Consultant no material impairment of its liability protection formerly available under the Act; . (c) obtain and maintain in force at no cost to Consultant property insurance in the maximum amount available in the form of a policy from the American Nuclear
- Insurers and/or the Mutual' Atomic Energy Re-Insurance Pool, or equivalent insurance Said .
including all options for extension of coverage, covering all property at the site. property insurance shan be maintained in effect from the time nuclear fuel first arrives at the site until an of Consultant's obligations under, or as a consequence of, this Agree-ment shan have been fully discharged or terminated. To the extent available, the limit of insurance w1H be the completed value of the project. Any deductible win be for the amount of Client.
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Upon request therefor by Consultant, Client shah provide Consultant with a copy of any such insurance policies. o AR11CLE VH LIMITATION OF LIABILITY AND HOLD HARMLESS De total cumulative liability of Consultant, its affiliates and their respective directors, officerd, employees and agents (referred to coHectively as " Consultant" in this Article) to Client with respect to services performed or to be performed pur-suant to *his Agreement, whether in contract, indemnity, contribution, tort (including negligence, whether active, passive or any other kind), or otherwise, shan not exceed 100% of gross compensation received by Consultant under this Agreement, or $100,000.00, ! whichever is less. Sach liability shan be further limited in the foHowing respects: Client waives and will require its insurers to walve all rights of recovery (a) . against Consultant for physical damage to or loss or destmetion of any property Each dam-at Client's plant site, whether'from nuclear damage or from any other cause. age, loss or destmetion includes but is not limited to any loss, damagecor loss of use, which in whole or in part is caused by the hazardous properties of " source ma.terial", i "special nuclear material" or "by-product material", as those terms are defined in the Act, and au costs of decontamination;
- ED81. LO-LILCO
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i 1 i ' in no event shall Consultant be liable to Client for special, consequential (b) or penallosses or damages (including but not limited to losses, damages or cla related to the unavailability of the nuclear power plant, shutdowns or service interrup ] tiens, loss of use, profits or revenue, inventory or use charges or cost of capital o l l claims or Client's customers); in no event shall Consultant be liable to Client for losses, damages, or
'(c) claims which are either (1) discovered by Client more than two years from the com-f pistion of the portion of the scope of services which are involved, or (2) as to Client falls to give notice to Consultant as hereinafter provided, within a reasonable time', not to exceed thirty (30) calendar days, from the discovery thereof.
i In the event of the negligent performance of scivices by Consultant pursuant l to this Agreement and with respect to which Client gives notice thereof within the . l time specified in subparagraph (c) above, Consultant will proceed expeditiously to modify or correct the profes'sional engineering services negligently performed. , he expense of doing so shall be counted toward the total cumulative liability of , C:nsultant to Client described above. C SURVIVAL ARTICLE VIII Re provisions of Article IV, " Nondisclosure", Article VI, " Nuclear Insurance and Indemnification" and Article VII, " Limitation of Liability and Hold Harmless" shall survive the termination or cancellation of this Agreement, or the completion of services performed hereunder, and shall apply to the ibil extent permitted by law. o . ARTICLE DC SEVERABILITY l I If any term of this Agreement is held to be unenforceable, no other term of this Agreement shall be affected by that holding, and the remainder of the Agreeme be' interpreted as if it did not contain the unenforceable term. NOTICES AR'ITCLE X All communications relating to the day-to-day services to be performed pursuant to the Agreement shall be delivered to the respective representatives of Client and sultant who will be designated by the parties promptly upon commencement of the All other notices and communications required or permitted hereunder shall be personally to the respective representatives of Client and Consultant set for chall be mailed by certified mail, postage prepaid and shall be effective spon receip Until changed by written notice, all such notices and communications shall be as follows: ED81. LO-L1LCO
, . , - - . - . . --,-r
i If to Client: - Long Island Lighting Company H I Attention:
Title:
If to Cohsultant: . EDS Nuclear Engineers Inc.' of New York - 445 Broad McIlow Road , Melville, New York 11747 l Attention: Mr. P. R. Jacobs
Title:
Regional Manager AR*IYCLE XI MISCELLANEOUS
%Is Agreement, including the Compensation Schedule for Consulting Engineer-P ing Sonices and any other addeiuta attached hereto, constitutes the entire Agreement between the parties for the serv!ces to be provided hereunder, and supersedes all prior representations and agreements, whether written or otal, between the parties as to such services. No waiver, alteration, consent or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representa-tive of the party to be bound. %is Agreement may be executed in several counterparts, each of which shall be deemed to be an original, but which together shall constitute one and the same Instrument. De failure of either party to enforce strict performance of any of the terms of this Agreement or to exercise any rights herein conferred shall not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon any such terms or rights on any future occasion.
0 1 : ,- ED81.LO-LILCO
l IN WITNESS W' HEREOF. the parties have caused this Agreement to be executed by their duly authorized representatives, as of the date hereabove first written. 1
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l EDS NUCLEA NGINEERS INC. OF NEW YORK (" Consultant") By : _A s. - 4 ~~ A k JosepVA. Marubbio Senior Vice President LONG ISLAND UGHTING COMPANY (" Client") . Title 9 (' e e l l
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ED81. LO-ULCO l
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BER ' ut O O- ==, 244430-141 OOO 741 265 S-D4906 12/6/83 367692 TERMS * , FILE NO. 014 808 NETaooAvs mo oAvs NP 1 IMPELL CORP 510 & 634 l 225 BROHD HOLLOW RD avvEa E LVILLE NY 11747 14N oOe o* N7a"c.'" i0"#'"'"" o' "' ac"^*a'" -"c"' v'" '5 'aa-l 25/CH LIVERED YOUR DELIVERY t s tMerriNo nouisa vENoom's ovoTE MEF ERENCs TO THE TERuS AND CONDITCNS PAINTED ON THE REVERSE l B/P NO. 63-81 9/21/83 soE Eo,. T.~~ LNO(ENO LCENowtEDGE MENT ANDeOR SmiPPING sNFOmuaTION TYPED M'ATERtiL C "' D LONG ISLAND LIGHTING COMPANY AT
- MARK: 367692 y. O,u"y'"',"
D E. OLD COUNTRY RD. - HICKSVILLE NY 11801 '"5'auC'c"5 "o
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TN: J A. WEISMANTLE ,
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l o.scm. r.oN ... coo. . . .c . l og 1,v HIS PURCHASE ORDER IS ISSUED TO COVER THE
@STS ASSOCIATED WITH SECURING A TECHNICAL @NSULTANT TO FUNCTION AS A RADIOLOGICAL EALTH COORDINATOR FOR THE LOCAL EERGENCY ESPONSE ORGANIZATION IN ACCORDANCE WITH MPELL CORP.' S PROPOSAL 63-81 DATED 9/21/83, ADIOLOGICAL HEALTH COORDINATOR .
LILLING RATES:
'RIMARY -
- I ,
lLTERNATES - I l
. l SHEET 1 0F 2
$Pd2DW b YES (FC4574) DATE /2 / EXTRA COPIES OF P.O.TO PuncMass onogn NO. ggq / 93 O CONTRACTED PROJECTS OMT+44 REFORT FORM PREPARED 0 NOT ReOU'"' 30 wwwD* O INSURANCE DIV. 367692 doeu3vLTmWT1 O PROPERTY RECORDS mo RECORD - CATEGORY M ~ C ADMINISTRATIVE SERV. O OFFICE SERVICES / f8 50 EXPlRATION FOLLOW.UP DATE C EN ggGTHWSEN D E DOUX IHOMSEN DEC y 1983 O Tax op h gg
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7N.. lSigAND LIGHTING COlyIPANY .. ( ,
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175 .CUNTRY ROAD HICK 2VILLE, h. . Yo. . t Iso , ,RCHACE DRDER . D E SC RIPTIO N ad & S C O D g O A TITY PRICE illOD: VEMBER 1,1983 THROUGH NOVEMBER 1,1984 PORTING LOCATION: 3RGENCY OPERATIONS CENTER 1NTWOOD, NEW YORK i IS LNDERSTOOD THAT ONE OF THE ABOVE @IVIDlMLS IS REQUIRED TO RESPOND IN $ EVENT OF AN ACCIDENT AT THE SHOREHAM & LEAR POWER STATION. ADDITIONALLY, ONE DIVIDlML WILL BE AVAILABLE TO PARTICIPATE PERIODIC TRAINING EXERCISES. 'PELL WILL PROVIDE THE SERVICES AS DESCRIBED l THEIR PROPOSAL (63-81 9/21/83) IN ACCORD- @E WITH THE TERMS AND CONDITIONS OF THE ' GREEMENT FOR ENGINEERING CONSULTING SERVICE 5", 81.LO-LILCO. ILURE TO' INVOICE IN ACCORDANCE WITH RATES ZD OTHER ASSOCIATED CHARGES) AS SHOWN IN IS PURCHASE ORDER WILL RESULT IN DELAY OF YMENT WITHOUT INCURRING ANY PENALTY CHARGES 'LILCO. ITAL ESTIMATED COST OF THIS PURCHASE t0ER IS NOT EXPECTE0 TO EXCEED . . . . INFIRMING ORDER - DO NOT DUPLICATE
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CTS. PAYABLE DIV. LEASE FORWARD ALL INVOICES TO MR. J. A. [ISPONTLE, LERO HICKSVILLE, FOR APPROVAL 3IOR TO PASSING FOR PAYMENT. CEIVING AUTHORITY - J. A. WEISMANTLE CATION - HICKSVILLE
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'TAL AUTHORIZED VALUE OF THIS PURCHASE 0RDER SHEET 2 OF_ ; ggg
w_.. e _ e _ . . . . .e. _ _ . m . . . Attachment 35 Mr. Michnol J. S2cca Community Relations Department -- Long Island Lighting Company . _ _ , _ . _ 550 Stewart Avenue Garden City, NY 11530
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LETTER AGREEMENT - l Island Helicopter Corporation agrees to provide aircraft . for use in an emergency upon request from the Long Island Lighting Company in the event of an accident at Shoreham, and for support during drills and exercises.
- 1. AIRCRAFT Should an emergency at Shoreham require it, Island -
Helicopter and its major division New York Heli-copter will provide LILCO with those fleet aircraft airworthy and available at the time the aircraft are requested by LILCO. Airworthiness shall pertain to che maintenance status of any particular aircraft. Availability shall be determined in respect to an aircraft's current location if on assignment. Island Helicopter represents that on an average, at Isast three of its aircraft are available and airworthy at any given time. II. CURRENT AIRCRAFT INVENTORY PASSENGER NUMBER OF AIRCRAFT MODEL CAPACITY (EACH) 3 Bell Jet Ranger 4 6 Bell Long Ranger 6 2 A-Star 5 1 Twin Star 5 7 Dauphin 9 2 S-58T 14 1 365N 7 1 TOTAL PASSENGER CAPACITY 161 III. A,IRCRAFT UTILIZATION All airworthy.and available aircraft will be put l at LILCO's disposal, to be utilized at LILCO's direction for emergency transportation, evacuation route spotting and other traffic control functions, alerting populations should the public warning system fail, evacuation of ill or injured, and any
(ichs21 J. Sacen Deccmber 13, 1983 }cga __ other pruposes that may arise during an emergency. All flight and weather decisions will be the re-sponsibility of the respective aircraft captains. - I Jt is understood that Island's aircraft will op-prate into and out of any and all approved safe' a landing areas within close proximity of the Shoreham facility. All flights will be conducted within th.e scope of existing regulations, including the operating pol-icies of Island Helicopter Corporation. It will be the responsibility of LILCO to insure that all aircraft utilization is safe in regards to radioactive, thermal or associated exposure which in any way could present harm or damage to the physical well being of Island crew members, maintenance crews, subcontractors and the specif-ic aircraft utilized. In this regard, LILCO will train Island personnel regarding possible radiation exposure and on the use of dosimeters. IV. EMERGENCY SERVICE IMPLEMENTATION . When the need for such service arises, it shall be coordinated through Island operations in Garden City, New York. The primary contact will be Kathy Murphy, Manager of Operations, at 516 294-0355. At that time, the level of emergency will be des-cribed by LILCO, and the approximate number of aircraft deemed necessary to respond will be re-quested. If the entire fleet is required, LILCO will so state upon notification of Island. Air-craft on the ground will be dispatched immediately. Aircraft in service will be dispatched as soon as possible (ASAP). V. FLIGHT CO-ORDINATION In the event of a major emergency requiring exten-sive use of Island aircraft, Island will set up a command and control center (.to be named .). This center will coordinate with the Local Emergency Response Organization (LERO) to facilitate effective communications between LERO and the operating air-craft. l
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Jichpel J. S2cca Dec mber 13, 1983 )cg3 ~3- _ _ VI. AIRPLANE OPERATIONS Should the need arise for long-range transpor-tation, Island will provide jet services thru C its division, Business Jet Airlines. The fol - [owingequipmentwouldbeavailable: ,* e . NUMBER OF PASSENGER AIRCRAFT MODEL CAPACITY (EACH) 1 Gates Lear Jet 24 6 Passenger 2 Gates Lear Jet 25 8 Passenger 1 Lockheed Jet Jtar II 9 Passenger The Lear Jets are configured for aerial ambulance flights. VII. COST The cost for the abovementioned services will be on a cost-incurred basis plus monthly retainer. The retainer will be , billable monthly, beginning the month in which the plant goes on-line and begins commercial operation. The cost of aircraft utilized.will be derived based upon the then current agreed pricing found within the pur-chase order agreement between LILCO and Island Helicopter Corporation, to be revised by the p?.rt-ies periodically as set out in the purchase order agreement. Any additional charges for actual utilization will reflect actual costs incurred by Island to mobilize this emergency effort, as follows: 1.. Overtime costs attributed to existing crews as well as off-duty crews necessary to fulfill LILCO's request for assistance.
- 2. On-site maintenance personnel for the purpose of continued aircraft availability once in emer-gency service.
- 3. Any costs inherent to mobilization /de-mobili-sation of a command and control center set up pursuant to paragraph V of this agreement.
VIII. SERVICE COVERAGE The implementation plan would provide coverage on a i i N
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Michnol J. Sacca becember 13, 1983 p,aga . .- _ r _.r 365 day, 24 hour basis. Response times will be immediate during normal business hours of 0630-through 1900 hours, subject to availability of-pirworthy aircraftc Before or after business
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hours, response , times will be extended consistent . with the effort necessary to obtain full operat-ing strength, expected within 1 to 4 hours. Island shall maintain an emergency response pro-gram whereby crews are tele-electronically alerted, assembled at convenient locations, and subsequently flown to Garden City (when necessary) in order to insure rapid aircraft response.
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Island Helicopter Corporation will consult with LILCO in respect to landing site selection and any other pre-planning stages, including partic-ipation in drills and exercises, to insure a comprehensive emergency response progra'm. IX. FORCE MAJEURE Except as otherwise specifically provided in this
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agreement, neither party shall be liable for any , l delay or failure in the performance of any services or other obligations under this agreement dueoftoGod, Acts the
.following causes beyond their control:
(including without limitation weather conditions), fire, floods, strikes, riots, insurrection, war or acts of public enemies. Each party shall give to the other prompt notice of any events of force majeure, and shall use its reasonable best efforts to minimize the extent and effect of any such event. X. TERM OF AGREEMENT This Agreement shall commence on the date of ex-ecution by both parties, and shall continue from year-to-year thereafter, until terminated by either party upon not less than one (1) year's prior writ-ten notice to the other.
Gehnol J. Steca Mcember 13, 1983 pago - - _
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XI. INSURANCE-Seeattachedexhibitsforinsurand Coverage. j . ACCEPTED AND AGREED ' LONG LAND LIGHTING CO ANY IS EL OPT RATION DY: We hI . BY [M TITLE: Vice President TI LE: l/ DATE: fo2. / T !d DATE: />!/9!ir5
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