HomeMy WebLinkAboutCC Resolution 8139 (HAZMAT Response Vehicle)RESOLUTION NO. 8139
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL APPROVING THE CONTRACT WITH THE
STATE OF CALIFORNIA DEPARTMENT OF HEALTH SERVICES
FOR GRANT FUNDS FOR THE HAZARDOUS MATERIAL
RESPONSE VEHICLE
WHEREAS, the State Department of Health Services awards
grants pursuant to Guidelines established by the Emergency
Response Equipment Task Force; and
WHEREAS, the City of San Rafael operates a Hazardous
Material Response Team on a Countywide basis; and
WHEREAS, the City of San Rafael seeks funding resources for
equipment on Hazardous Material Response Unit; and
WHEREAS, the State Department of Health procedures require
that the City Council of the City of San Rafael adopt a Resolu-
tion approving the contract for grant funds;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of San Rafael approves the contract with the State of
California Department of Health services, and authorizes execu-
tion of said contract by Robert E. Marcucci, San Rafael Fire
Chief.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael,
hereby certify that the foregoing Resolution was duly and
regularly introduced and adopted at a regular meeting of the City
Council of
said City
held on
MONDAY
the
19TH
day of
MARCH
, 1990
by the
following
vote, to wit:
AYES: COUNCILMEMBERS: Boro, Brei ner, Shippey, Thayer & Mayor Mul ryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE LEONCI I, City Clerk
0RinI�bL 8.3 ,
-J DAR ��REEMENT ,,—TORNEY GENERAL 89-T0055 I ( ❑ STATA AGMNCY
ffVV. 7/11M e_ACTOW8 STAT; NUMB ❑ txrPr. Op aeN. t",
94-6000424 l b CONT'ROLLMR
LytereLx ❑
AGREEMENT day of March Ig 90 D
le State of California, by and between State of California, through its duly elected or appointed, ❑
fied and acting
CIP OFFICER ACTING FOR FrATtS ARl NCY
pffi e of Procurements
entrac€s To,jiGMS>ib St- Pces—r�P ogram hereafter called the State, and
ofSan Rafap1.I*); inebi� parthnen.t%hereafter called the Contractor.
NESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State
nafter expressed, does hereby agree to furnish to the State services and materials, as follows:
Orth serrnce to be rendered by Contractor, amount to be pain Contractor, time for performance or completion, and attach plans and specifications, if any.)
1. The CONTRACTOR agrees and is authorized by the Director of
the State Department of Health Services or designee to
purchase hazardous materials emergency response equipment
which may be used in conjunction with a hazardous materials
emergency response vehicle.
The following attachments are hereby incorporated into this
agreement by reference:
Attachment A, entitled "List of Equipment".
Attachment B, entitled "Conditions
Equipment" of Use of State
NTINUED ON 7 SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
he provisions on the reverse side hereof constitute a part of this agreement.
WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written
STATE Of CALIFORNIA
"CY
cs ervices
W VTTIORIZQD SIGNATURIf
NTED NAME OF P'ERSOIC 34GNINCI
Irvin H. Philo
ilef, Office of
ric Substances
.:OUNT ENCUMMUR40 SY
19 DOCUMQNT
Procurements and Contracts
Control Prcaram
fFROORAIM/CATHOORY ICODa AND TITLE)
!Support
10,000.00 j 40vr�6NO. usm
IOR AMOUNT ENCUMBERQD
R THIO CONTRACT
�TAL AMOUNT 1D4CU1A99tRQD
-, DATA
CONTRACTOR
CONTRACTOR IR OTIQA THAN AN tNMV0UAL_ 97ATI WWrr,60 A CORPORATION.
PAJITKMQH . CTC I
City of San Rafael ire jn�t
MY IAUTTIORI S16NATUR I [ST:
X
P'RINTtdD NAME AND frTCE OF PARSON SIGNING
Robert Marcucci, Fire Chief Jeanne M. LeOncini
AODRE" 1039 C Street City Clerk
San Rafael, CA 94901
j FUND Tn L$
Consultant and Professional Services
D+artmc^1 -J G..;ai S^n-ices
rTBM CNAPTUR STATUTQ
4260-011-014 I 93 1989
OR/ECT OF 1 XPQNDrrUR/ ICOOQ ANID
�U� 0 71990
D TTTL
DATaI I BY
Ass't. Chief Counsel
mP
10,000.00 4560-402-15010
hereby ctrl! {jy upon my oum Personal knowledge that budgeted funds are T•�`- �-
li
oarlabk for the period and purpose of the espendtture stated aborx
'��/ATURB OF ACCOUNTING
HWCA
UselOnty
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17�fT
FISCAL YHAR
89!90 � ���``����
COUNNG OPRICQA
City of San Rafael Fire Department
89-T0055
Page 2
Attachment C, entitled "Vendor/Equipment Spread Sheet".
Attachment D, entitled "Sample Invoice" .
Attachment E, entitled "Additional Provisions".
Attachment F, entitled "List of Equipment"
2. The CONTRACTOR agrees to seek payment by the State only for
those items purchased by the CONTRACTOR from the list
identified as Attachment A, not to exceed the total amount
of this contract as identified in paragraph 4 pursuant to
this agreement. Attachment A may be modified from time to
time by mutual written agreement of the CONTRACTOR and the
Department of Health Services (DEPARTMENT).
3. The term of this agreement is March 1, 1990 to
April 30, 1992. The effective date of this agreement .is
that date shown in the contract; or the date the contract
is approved by the Department of Health Services and, if
required, the Department of General Services, whichever
date is later.
4. The maximum amount payable under this agreement shall not
exceed $10,000.00.
5.a. Upon execution of this agreement the CONTRACTOR shall
proceed to purchase the items listed on Attachment.A. The
CONTRACTOR shall use their normal procurement procedures
for purchasing this type of equipment. This shall include
preparation of specifications and competitive bidding. The
CONTRACTOR shall obtain the lowest responsive responsible
bidder for this equipment. The CONTRACTOR is only
authorized to expend such funds to pay for equipment as
identified in Attachment A and is subject to the conditions
of this contract, including Attachment B. The CONTRACTOR
shall submit quarterly progress reports to the State at the
address shown in paragraph 14 and indicate expenditures
made. Unauthorized expenditures by the CONTRACTOR shall
not constitute a waiver of the right of the State to
challenge the validity of such expenditure and to take
appropriate action.
b. In the event that the State determines from progress
reports, or other information that contract objectives are
not being met, the State may make equitable adjustments to
the original contract amount to decrease the total quantity
of services and/or amounts. This adjustment will take
place by an amendment to the contract subject to the
approval of the Department of General Services.
City of San Rafael Fire Department
89-T0055
Page 3
c. All purchases necessitating a purchase order or other
purchase authorization must be submitted to vendor, with a
copy to State, six (6) months prior to termination date of
this contract. All purchases must be made and billed prior
to termination date of this contract.
6. Pavment Procedure. To receive payment, the CONTRACTOR must
submit the following documentation:
o Advertising (i.e., newspaper advertising, mailing list
of prospective bidders);
o Procurement documents, stating, all bidder's names,
addresses, bid prices, and description of equipment
from Attachment A of the contract for which the bid
notices were let;
o Method of obtaining bids (i.e., written request or
telephone documentation. If a telephone bid process is
used, you must submit a brief summary of the bid
document information); and
o Purchase orders for each equipment item. If contractor
procures a piece of equipment from a sole source (i.e.,
does not use a competitive bid process), contractor
must submit a brief statement as to why only one vendor
can supply that item.
Upon receipt of the documents listed above, the State will
issue a warrant for 50% of the total amount of the purchase
orders.
To receive the remaining 50% of the purchase orders, the
CONTRACTOR shall assemble and send all equipment invoices
to the State with a summary sheet, and additional sheets if
necessary, showing the vendor name, item of equipment, unit
price, quantity, and dollar amount of purchase. Please see
Attachment C for the sample format to be used in preparing
the vendor/equipment spread sheet. In addition, the
CONTRACTOR must itemize vendor costs in an invoice
formatted as demonstrated in the sample invoice shown in
Attachment D.
Contractor shall submit final invoice(s) no later than 30
days after the termination date of this contract.
7. Equipment shall only be used by the CONTRACTOR to support
hazardous materials emergency response activities.
City of San Rafael Fire Department
89-T0055
Page 4
8. Storaae. Maintenance. Repair and Replacement.. During the
term of this agreement, the CONTRACTOR agrees to adequately
store, man, operate, maintain, and repair the equipment at
its sole cost and expense. Equipment shall be stored on
property of the CONTRACTOR in a manner to provide
reasonable protection against inclement weather, sabotage,
theft, or malicious damage. Equipment shall be maintained
in such condition that it is available for instant
emergency response.
9. Inspection of Eauipment. The CONTRACTOR agrees that
representatives of the DEPARTMENT and other authorized
State personnel may inspect the equipment at any time
during normal working hours. An inventory of all
pieces of equipment shall be maintained by the CONTRACTOR
and shall reflect the total inventory and condition of each
piece of equipment. This inventory may be periodically
inspected by the DEPARTMENT.
10. Local Plan and Conditions. This agreement is conditioned
on the CONTRACTOR having submitted a local plan for
hazardous material emergencies which is consistent with the
State Hazardous Material Incident Contingency Plan. The
CONTRACTOR'S plan must be submitted to the Governor's
Office of Emergency Services (OES) for review. If, on plan
review, OES determines that the plan is significantly
inconsistent with the State Plan, they will notify the
DEPARTMENT of such inconsistencies. The Director of the
DEPARTMENT may terminate or suspend this agreement after
such notification and until such time as these
inconsistencies are resolved.
11. Trainina. Staff assigned to operate the equipment listed
in Attachment a in conjunction with the Hazardous Materials
Response Unit must have minimum training as required by
Code of Federal Regulations, Title 29, Part 1910 before
initiation of use of the emergency response equipment.
Furthermore, as minimum training standards are developed
under the authority of California Administrative Code,
Title 2, Article 3.8, such staff will receive appropriate
certification within one year of when the criteria are
established.
12. Staffina. The CONTRACTOR agrees to staff each hazardous
materials emergency response vehicle responding to
hazardous materials incidents with a minimum of three (3)
trained personnel per incident. Said personnel shall be
available to operate a vehicle and/or equipment 24 hours
per day.
City of San Rafael Fire Department
89-T0055
Page 5
13. The CONTRACTOR shall have access to a qualified chemist or
industrial hygienist who is on-call and available to
provide technical information to the scene manager as to
the identification of hazardous chemicals, safe work
practices, and decontamination procedures.
14. Reports and Records. The CONTRACTOR shall maintain
quarterly reports on the details of use of the equipment
and related training on forms provided by the DEPARTMENT
and shall forward one copy of the quarterly report to the
DEPARTMENT before the tenth day of the month following the
end of the quarter, and shall keep and forward such other
forms as may be required by the DEPARTMENT or its duly
authorized representative. For the purpose of quarterly
reporting, the quarters shall end on September 30,
December 31, March 31, and June 30. In addition, a
completed report filled out on the "California Hazardous
Material Incident Report" form for each response where the
equipment is used shall be submitted within seven (7) days
thereafter to the DEPARTMENT. All reports directed to the
DEPARTMENT shall be sent to:
Department of Health Services
Toxic Substances Control Division
Emergency Response Unit
714/744 P street
P.O. Box 942732
Sacramento, CA 94234-7320
15. Contract Manager for State. Mark Cameron, or his successor
or designee, is the Contract Manager of the Department for
this agreement. He can be reached by calling
(916) 445-1782. All communications regarding this
agreement shall be addressed to him. No decision of
persons other than the Contract Manager or designee shall
be binding on the Department. The Contract Manager will
inform the CONTRACTOR in writing regarding the naming of a
designee or designees.
16. Contract Manacrer for CONTRACTOR. Robert Marcucci is the
designated Contract Manager representing the CONTRACTOR for
this agreement, and he can be reached at (415) 485-3304.
The CONTRACTOR shall notify the Department in writing
regarding the naming of a designee or designees within at
least 15 days of such occurrence.
City of San Rafael Fire Department
89-T0055
Page 6
17. Report of Accident. Immediately following any and all
accidents involving any item of the equipment which is a
vehicle, it shall be the responsibility of the CONTRACTOR
to fill out State form 270, "Report of Automobile
Accident", and file the report with the DEPARTMENT. A copy
of this report shall be maintained by the CONTRACTOR and
the original and four (4) copies forwarded to the
DEPARTMENT at the address shown in paragraph 14. The
original and three (3) copies of the report will be filed
by the DEPARTMENT with the State Insurance Officer and the
fourth copy will be retained by the DEPARTMENT files as a
memorandum copy.
18. Mutual Assistance Provision. As a condition of the State
to provide funding to the contractor to purchase equipment
listed in Attachment A, the CONTRACTOR also agrees to use
the equipment defined in Attachment F and to respond to
hazardous materials incidents involving releases or
potential releases of hazardous substances. The CONTRACTOR
shall respond to other cities and unincorporated areas of
Marin County and provide services including hazard
evaluation, chemical categorization, and identification and
containment. The CONTRACTOR may charge a reasonable fee
for response based on justifiable costs to establish and
maintain this program.
19. Dispatchina. All movement of the equipment shall be
handled through the official dispatching channels of the
CONTRACTOR. The DEPARTMENT reserves the right to dispatch,
direct the dispatch of, or temporarily reassign said
equipment whenever, in the opinion of the Director of the
DEPARTMENT or designee, such equipment is essential to the
protection of life and property in another jurisdiction.
The DEPARTMENT'S right to reassign equipment does not
include the right to reassign the CONTRACTOR'S personnel to
respond in another jurisdiction. Paragraph 1 on the
reverse side of the Standard Form 2 notwithstanding, the
county shall not be liable for claims, losses or damage
occurring when the equipment described in Attachment A, is
outside the possession or control of the CONTRACTOR, its
agents or employees as a result of the State's
authorization of redirection of the vehicle and/or
equipment for work outside the county's jurisdiction.
20. Insurance Protection and Liabilitv for Claims.
a. The CONTRACTOR shall furnish to the State a certificate
of self insurance or a certificate of insurance stating
that there is liability insurance presently in effect
for the CONTRACTOR with a combined single limit (CSL)
City of San Rafael Fire Department
89-T0055
Page 7
of not less than $1,000,000 per occurrence, with a
minimum of $5,000,000 annual aggregate coverage of
personal injury and property damage. The certificate
of insurance shall provide:
1. That the insurer will not cancel the insured's
coverage without thirty (30) day's prior written
notice to the DEPARTMENT. Such written notice
shall be mailed to the address identified in
paragraph 14.
2. That the State of California, its officers,
agents, employees and servants are included as
additional insureds but only insofar as the
operations under this agreement are concerned.
3. The DEPARTMENT will not be responsible for any
premiums or assessments on the policy.
The CONTRACTOR agrees that the bodily injury liability
insurance herein provided for shall be in effect at all
times during the term of this Agreement. In the event
said insurance coverage expires at any time or times
during the period of this agreement, the CONTRACTOR
agrees to provide at least thirty (30) days prior to
said expiration date, a new certificate of insurance
evidencing insurance coverage as provided for herein
for not less than the remainder of this term- of the
agreement, or for a period of not less than one year.
New certificates of insurance are subject to the
approval of the DEPARTMENT, and the Department of
General Services; and CONTRACTOR agrees that no work or
services shall be performed prior to the giving of such
approval. In the event the CONTRACTOR fails to keep in
effect at all times insurance coverage as herein
provided, the DEPARTMENT may, in addition to any other
remedies it may have, terminate this agreement upon the
occurrence of such event.
b. The CONTRACTOR agrees forthwith to furnish evidence of
insurance protecting the legal liability of the
CONTRACTOR and the State pursuant to the provisions of
Division 9, Chapter 1, Article 1 (sections 17000 et
seq.) of the Vehicle Code of California.
C. If the CONTRACTOR is self-insured, the CONTRACTOR, in
lieu of a certificate of insurance, shall furnish the
DEPARTMENT a statement of such fact.
City of San Rafael Fire Department
89-T0055
Page 8
d. The CONTRACTOR agrees to hold the DEPARTMENT harmless
from any personal injury or property damage claims
arising out of CONTRACTOR'S operation or maintenance of
the equipment.
21. Termination of Aareement by the State.
a. The DEPARTMENT, at its sole discretion, may terminate
this agreement upon thirty (30) days written notice to
the CONTRACTOR.
b. Save to the extent that it is relieved from liability
therefore under other provisions of this agreement,
upon the optional termination thereof (or the exemption
of the same); the CONTRACTOR agrees to return said
equipment in the same condition as received, reasonable
wear and tear, acts of God, and conditions over which
the CONTRACTOR has no control, excepted.
c. At the termination of this agreement, a complete
reconciliation of all equipment will be made using the
equipment inventory list required in Attachment A.
Replaceable items (gloves, boots, goggles, disposable
suits and chemical absorbents, etc.) shall not be
returned with the hazardous materials vehicle and other
permanent equipment.
22. The DEPARTMENT may, in its sole discretion and for such
good cause as it determines, waive in writing in whole or
in part, any requirement of this agreement that equipment
shall be maintained in operating condition or repaired or
replaced, providing that any such waiver shall be
applicable only to the specific equipment to which it
refers.
Attachment A
City of San Rafael Fire Department
89-T0055
LIST OF EQUIPMENT
One hour self contained breathing apparatus
Level A fully encapsulating suits
Personal computer with software
Attachment B
City of San Rafael Fire Department
89-T0055
CONDITIONS OF USE OF STATE EQUIPMENT
1. Title of State Property shall not be affected by the
incorporation or attachment thereof to any property not
owned by the State, nor shall such State property, or any
part thereof, be or become a fixture or lose its identity
as personality by reason of affixation to any realty.
2. State property shall be used only for the performance of
this contract.
3. Unless otherwise provided herein, the State shall not be
under any duty or obligation to restore or rehabilitate, or
to pay the cost of the restoration or rehabilitation of the
CONTRACTOR'S facility or any portion thereof which is
affected by removal of any State property.
4. The CONTRACTOR shall maintain and administer, in accordance
with sound business practice, State property so to assure
its full availability and usefulness for the performance of
this contract. The CONTRACTOR shall take all reasonable
steps to comply with all appropriate directions and
instructions which the State may prescribe as reasonably
necessary for the protection of State property.
5. If said equipment is motor vehicles, it is mutually
understood that the State of California will be the legal
owner of said motor vehicles and the CONTRACTOR shall be
the registered owner. Upon return of said motor vehicles
to the State, the CONTRACTOR shall deliver to State all
necessary documents of title to enable proper transfer of
marketable title to the State.
6. The CONTRACTOR agrees that all operations of motor vehicles
listed in said agreement shall hold a valid State of
California driver's license.
Attachment C
City of San Rafael Fire Department
89-T0055
VENDOR/EQUIPMENT SPREAD SHEET
Item Unit Dollar
Vendor Description Price Quantity Amount
Attachment D
City of San Rafael Fire Department
89-T0055
SAMPLE INVOICE
County of California
Agency of County
Address
City, CA XXXXX
To: Department of Health Services
Toxic Substances Control Program
Chief, Contracts and Grant
Administration
714/744 P Street
P.O. Box 942732
Sacramento, CA 94234-7320
Invoice No. 84-84XXX-01
Date:
Contract No: 84-84XXX
PLEASE RETURN DUPLICATE WITH REMITTANCE
For Purchase Orders Issued June XX, 19XX.
Vendor Amount
Dow -Hammond Co. Co. $ xx,xxx.xx
Meadows Camera Shop xxx.xx
AMPCO Metal Indust. Supply x,xxx.xx
Sears Contract Sales xxx.xx
Marshall -Newell Supply Co. xx.xx
BWS, Inc. xxx.xx
BASCO x,xxx.xx
Subtotal $ xx,xxx.xx
Tax x,xxx.xx
Total $ xx,xxx.xx
Amount Due = 50% of Total . . . . . . . . $ xx,xxx.xx
I&
Attachment E
city of San Rafael Fire Department
89-T0055
STATE OF CALIFORNIA
DEPARTMENT OF HEALTH SERVICES
ADDITIONAL PROVISIONS
(For Consultant and Personal Services Contracts)
(1) Cancellation
This contract may be cancelled at the State's discretion
upon 30 days written notice to the Contractor.
(2) Travel and Per Diem
Contractor agrees that all travel and per diem paid its
employees under this agreement shall be at rates not to
exceed those amounts paid to the State's represented
employees under collective bargaining agreements currently
in effect. No travel outside the State of California shall
be reimbursed unless prior written authorization is
obtained from the State.
(3) Standards of Work
The Contractor agrees that the performance of work and
services pursuant to the requirements of this contract
shall conform to high professional standards.
(4) Inspection
The State, through any authorized representatives, has the
right at all reasonable times to inspect or otherwise
evaluate the work performed or being performed hereunder
including subcontract supported activities and the premises
in which they are being performed. If any inspection or
evaluation is made by the State of the premises of - the
Contractor or a subcontractor, the Contractor shall provide
and shall require his subcontractors to provide all
reasonable facilities and assistance for the safety and
convenience of the state representatives in the performance
of their duties. All inspections and evaluations shall be
performed in such a manner as will not unduly delay the
work.
(5) Riahts in Data
A. Subiect Data. As used in this clause, the term
"Subject Data" means writings, . sound recordings,
pictorial reproductions, drawings, designs or graphic
representations, procedural manuals, forms, diagrams,
workflow charts, equipment descriptions, data files and
I
(6)
data processing or computer programs, and works of any
similar nature (whether or not copyrighted or
copyrightable) which are first produced or developed
under this contract. The term does not include
financial reports, cost analyses, and similar
information incidental to contract administration.
B. Federal Government and State Rights. Subject only to
the provisions of (C) below, the Federal Government and
State may use, duplicate, or disclose in any manner and
for any purpose whatsoever, and have or permit others
to do so, all Subject Data delivered under this
contract.
C. License to Convriahted Data. In addition to the
Federal Government and State rights as provided in (B)
above, with respect to any subject data which may be
copyrighted, the Contractor agrees to and does hereby
grant to the Federal Government and State a
royalty -free, nonexclusive and irrevocable license
throughout the world to use, duplicate, or dispose of
such data in any manner for State or Federal Government
purposes and to have or permit others to do so.
Provided, however, that such license shall be only to
the extent that the Contractor now has, or prior to
completion or final settlement of this contract may
acquire, the right to grant such license without
becoming liable to pay compensation to others solely
because of such grant.
Clean Air and Water
A. (Applicable only if the contract is not with a sole
source vendor of products or services, or if it
exceeds $5,000.)
The Contractor agrees under penalty of perjury (it,
he, she) is not in violation of any order or
resolution which is not subject to review
promulgated by the State Air Resources Board or an
air pollution district.
The Contractor agrees under penalty of perjury (it,
he, she) is not subject to a cease and desist order
which is not subject to review issued pursuant to
Section 13301 of the Water Code for violation of ,.;.
waste discharge requirements or discharge
prohibitions, or is not finally determined to be in
violation of provisions of federal law relating to
air or water pollution. _
B. (Applicable only if the
exceeds. $100, 000 or the
exempt under 40 CFR 15.5)
2 -
contract or subcontract
contract is not otherwise
The Contractor agrees as follows:
1. To comply with all the requirements of Section
114 of the Clean Air Act as amended (42 U.S.C.
7401 et seq., as amended by Public Law 95-95)
and Section 308 of the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq., as amended
by Public Law 92-500), respectively, relating
to inspection, monitoring, entry, reports, and
information, as well as all other requirements
specified in Section 114 and Section 308 of the
Air Act and the Water Act, respectively, and
all regulations and guidelines issued to
implement those Acts before the award of this
contract.
2. That no portion of the work required by this
contract will be performed -in a facility listed
on the Environmental Protection Agency List of
violating Facilities 'on the date when this
contract was awarded unless and until the
Environmental Protection Agency eliminates the
name of such facility or facilities from such
listing.
3. To use his best efforts to comply with clean
air standards and clean water standards at the
facility in which the contract is being
performed, the terms used in this paragraph
have the following meanings:
a. The term "clean air standards" means any
enforceable rules, regulations,
guidelines, standards, limitations,
orders, controls, or prohibitions or other
requirements which are contained in,
issued under, or adopted pursuant to the
Clean Air Act.
b. The term "clean water standards" means any
enforceable limitation, control,
condition, prohibition, standard, or other
requirement which is promulgated pursuant
to the Clean Water Act or contained in a
permit issued to a discharger by EPA or by
the -State under an approved program as
authorized by Section 402 of the Clean
Water Act (33 U.S.C. 1342), or by a local
government to ensure compliance with
pretreatment regulations as required by
Section 307 of the Clean Water Act J33
U.S.C. 1317) and regulations issued
pursuant thereto.
- 3 -
(7)
C. In addition to compliance with clean air
and water standards, the term compliance
shall also mean compliance with a schedule
or plan ordered or approved by a court of
competent jurisdiction, the Environmental
Protection Agency, or an air or water
pollution control agency in accordance
with the requirements of the Clean Air Act
and the Federal Water Pollution Control
Act.
4. As a condition for the award of a contract the
applicant or contractor shall notify the State
of the receipt of any communication from the
Assistant Administrator for Enforcement, U.S.
EPA indicating that a facility to be utilized
for the contract is under consideration to be
listed on the EPA List of Violating Facilities.
Prompt notification shall -be required prior to
contract award.
S. To report violations to the State and to the
Assistant Administrator for Enforcement.
6. To insert the substance of the provisions of
paragraph B into any nonexempt subcontract,
including this paragraph B(6), and to take such
action as the Federal Government may direct as
a means of enforcing such provisions.
Utilization of Small and Minoritv Business Enternrises
A. It is federal policy to award a fair share of contracts
to small and minority business firms. The State
Legislature has declared that a fair proportion of the
total purchases and contracts or subcontracts for
property and services for the State be placed with
small business enterprises.
B. A firm shall qualify as a small business if it meets
the requirements specified in Government Code, Section
14837.
C_ The Contractor hereby agrees to carry out this policy
in the awarding of subcontracts to the fullest extent
consistent with efficient contract performance. As
used in this contract, the term "minority business
enterprise" means a business concern (a) which is at
least 51 percent owned by one or more minority group
members or women, or, in the case of a publicly owned
business, at least 51 percent of the stock of which is
owned by one or more minority group members or women;
- 4
and (b) whose management and daily business operations
are controlled by one or more such individuals. A
minority group member is a person who is Black, Asian
Hispanic, Filipino, Polynesian, American Indian or
Alaskan Native. "Control" as used in this clause,
means exercising the power to make policy decisions.
D. Contractors acting in good faith may rely on written
representations by their subcontractors regarding their
status as minority business enterprises in lieu of an
independent investigation.
(8) Confidentiality of Information
A. The Contractor shall protect from unauthorized
disclosure names and other identifying information
concerning persons receiving services pursuant to this
contract, except for statistical information not
identifying any client.
B. The Contractor shall not use such identifying
information for any purpose other than carrying out the
Contractor's obligations under this contract.
C. The Contractor shall promptly transmit to the State all
requests for disclosure of such identifying information
not emanating from the client.
D. The Contractor shall not disclose, except.as otherwise
specifically permitted by this contract or authorized
by the client, any such identifying information to
anyone other than the State without prior written
authorization from the State.
E. For purposes of this paragraph, identity shall include,
but not be limited to, name, identifying number,
symbol, or to the identifying particular assigned to
the individual, such as finger or voice print or a
photograph.
(9) National Labor Relations Board Certification
(Not applicable if Contractor is a public entity)
Contractor, by signing this agreement, does swear under
penalty of perjury that no more than one final unappealable
finding of contempt of court by a Federal court has been
issued against Contractor within the immediately preceding
two-year period because of the Contractor's failure to
comply with an order of a Federal court which orders the
Contractor to comply with an order of the Nationdl Labor
Relations Board.
- 5 -
(10) Documents and Written Retorts
Any document or written report prepared as a requirement of
this agreement shall contain, in a separate section
preceding the main body of the document, the number and
dollar amounts of all contracts and subcontracts relating
to the preparation of such document or report, if the total
cost for work by nonemployees of the State exceeds $5,000.
(11) Examination of Accounts, Audits and Records
A. Contractor's facility or office or such part as may be
engaged in the performance of this contract and his
records, books, documents, accounting procedures and
practices, shall be subject at all reasonable times to
inspection, audit or reproduction by the State,
including the Auditor General, or any of its duly
authorized representatives.
B. The Contractor shall preserve, and make available the
items stated in A. above, for a period of three years
from the date of final payment by the State under this
contract.
(12) Resolution of Contract Disnutes
A. If Contractor believes there is a dispute or grievance
between Contractor and the State, the following
two-step procedure shall be followed by both parties:
1. The Contractor should first discuss the problem
informally with the program contract administrator
within the Department. If the problem cannot be
resolved at this stage, the Contractor must direct
the grievance together with any evidence, in
writing, to the program section chief. The
grievance must state the issues in the dispute, the
legal authority or other basis for the Contractor's
position and the remedy sought. The section chief
must make a determination on the problem within ten
(10) working days after receipt of the written
communication from the Contractor. The section
chief shall respond in writing to the Contractor
indicating the decision and reasons therefor.
Should the Contractor disagree with the section
chief's decision, he/she/it may appeal to the
second level:
2. The Contractor must prepare a letter indicating why
the section chief's decision is unacceptable,
attaching to it the Contractor's Uriginal statement
of the dispute with supporting documents along with
a copy of the section chief's response. This
- 6 -
letter shall be sent to the division chief of the
division in which the section is organized within
ten (10) working days from receipt of the section
chief's decision. The division chief or designee
shall meet with the Contractor to review the issues
raised. A written decision signed by the division
chief or designee shall be returned to the
Contractor within twenty (20) working days of
receipt of the Contractor's letter.
(13) Evaluation of Contractor
The Contractor's performance under this contract shall be
evaluated at the conclusion of the term of this contract.
The evaluation shall include, but not be limited to:
A. Whether the contracted work or services were completed
as specified in the contract, and reasons for and
amount of any cost overruns.
B. Whether the contracted work or services met the quality
standards specified in the contract.
C. Whether the Contractor fulfilled all requirements of
the contract.
D. Factors outside the control of the Contractor which
caused difficulties in Contractor performance.
The evaluation of the Contractor shall not be a public
record.
(14) Progress Reports or Meetinas
I
A. Contractor shall submit progress reports or attend
meetings with state personnel at least once a month to
allow the State to determine if Contractor is on the
right track, whether the project is on schedule,
provide communication of interim findings, and afford
occasions for airing difficulties or special problems
encountered so that remedies can be developed quickly.
B. At the conclusion of this contract, Contractor shall
hold a final meeting with the State during which
Contractor shall present his findings, conclusions, and
recommendations. If required by this contract,
Contractor shall submit a comprehensive final report.
(15) Final Invoice -Final Report -Retention of Funds
If a final report is required by this contract, ten -percent
of the face amount of the contract shall be withheld until
after receipt by the State of a report satisfactory to the
State.
- 7 -
(16) State Approval of Subcontracts
The Contractor shall submit any subcontractors to the State
for approval prior to implementation. Upon termination of
any subcontract, the State shall be notified immediately.
(17) Contract Amendments
A. This contract may be amended by mutual agreement
between the parties and, if required by Government Code
Section 11010.5, or Public Contract Code, Section
10366, the amendment shall be subject to the approval
of the Department of General Services, unless otherwise
exempted.
B. If any amendment to this contract has the effect of
increasing the monetary amount of the contract or an
agreement by the State to indemnify or save harmless
the Contractor, his agents or employees, the amendment
shall be approved by the •Department of General
Services, unless otherwise exempted.
(18) Government Code Section 19130(b) Termination by SPB
This agreement may be terminated by the State by giving 30
days advance written notice to the Contractor if the State
Personnel Board determines this agreement was not entered
into under the provisions of Section 19130(b) of the
Government Code.
(19) Nondiscrimination Clause
A. During the performance of this contract, contractor and
its subcontractors shall not unlawfully discriminate
against any employee or applicant for employment
because of race, religion, color, national origin,
ancestry, physical handicap, medical condition, marital
status, age (over 40) or sex. Contractors and
subcontractors shall insure that the evaluation and
treatment of their employees and applicants for
employment are free of such discrimination.
Contractors and subcontractors shall comply with the
provisions of the Fair Employment and^ Housing Act
(Government Code, Section 12900 et seq.)---'Oand the
applicable regulations promulgated thereunder
(California Code of Regulations, Title 2, Section
7285.0 et seq.). The applicable regulations of the
Fair Employment and Housing Commission implementing
Government Code, Section 12990, set forth in Chapter 5
of Division 4 of Title 2 of the California
Code of Regulations are incorporated -into this contract
by reference and made a part hereof as if set forth' in
full. Contractor and its subcontractors shall give
- 8 -
(20)
(21)
N
written notice of their obligations under this clause
to labor organizations with which they have a
collective bargaining or other agreement.
B. This contractor shall include the nondiscrimination and
compliance provisions of this clause in all
subcontracts to perform work under the contract.
The laws of the State of California shall apply to this
contract both as to interpretation and performance.
Current and Former State Emplovees,
A. Current State Officers and Emplovees
1. Contractor shall not utilize in the performance of
this contract any state officer or employee in the
state civil service or other appointed state
official unless the employment, activity, or
enterprise is required as a condition of the
officer or employee's regular state employment.
Employee in the state civil service is defined to
be any person legally holding a permanent or
intermittent position in the state civil service.
. v
2. If any state officer or employee is utilized or
employed in the performance of this contract,
Contractor shall first obtain written verification
from the state that the employment, activity or
enterprise is required as a condition of the
officer's, employee's or official's regular state
employment and shall keep said verification on file
for three years after the termination of this
contract.
3. Contractor, in connection with this contract, may
not accept volunteer or occasional work of any
currently employed state officer, employee or
official.
4. Contractor shall not, in connection with this
contract, employ any state officers, employees or
officials who are on paid or unpaid leave of
absence from their regular state employment.
S. Contractor or anyone having a financial interest in
this contract may not be or become a state officer,
employee or official during the term of this
contract.
6. Occasional or one-time reimbursement of a - state,
employee's travel expenses is not acceptable.
(Citation: Public contract Code Section 10410)
- 9 -
B. Former State Officers and EnDlovees
1. Contractor shall not utilize_in the pgrformance of
this contract any formerly employed person of any
state agency or department that was employed under
the state civil services, or otherwise appointed to
serve in state government, if that person was
engaged in any negotiations, transactions, planning
arrangement, or any part of the decision-making
process relevant to the contract while employed in
any capacity by any state agency or department.
This prohibition shall apply for a two-year period
beginning on the date the person left state
employment.
2. Contractor shall not utilize within 12 months from
the date of separation of services, a former
employee of the contracting- state agency or
department if that former employee was employed in
a policy making position in the same general
subject area as the proposed contract within the 12
month period prior to the employee leaving state
service.
(Citation Public Contract Code Section 10411)
C. Failure to Comely With Subparts A or B
I. If Contractor violates any provision of Subparts A
or B above, such action by Contractor shall render -
this contract void.
(Citation: Public Contract Code Section 10420)
- 10 -
Attachment F
City of San
89-T0055
Quantity
2 each
4 each
4 each
4 each
8 each
8 each
4 each
6 pair
1 each
1 each
1 each
1 each
1 each
1 each
1 each
1 each
1 each
1 each
1 each
1 each
1 each
1 each
1 set
1 lot
2 each
1 each
1 each
1 each
1 package
1 set
1 each
1 each
4 rolls
1 each
80 each
25 each
1 set
2 sets
2 each
2 cases
8 each
2 cases
1 each
Rafael Fire Department
LIST OF EQUIPMENT
Item
Chemical protective suit
Acid suit
Raingear
Hardhat
Face shields
Brackets
Safety harness
Boots
Bar, wrecking
Hammer, ballpeen
Hammer, sledge
Wrench, adjustible pipe
Wrench, adjustible end
Wrench, bund
Pliers, adjustible slip
Pilers, groove joint
Shears, tinner's
Screwdriver type #2
Screwdriver 8" blade
Gas and water key
Jumper cables
Funnel
Funnesl
Buckets
Squeegie
Fire extinguisher
Portable decontamination
Ice chest
Color Smokebomb
Binoculars
Wheel chock
j oint
unit
Extension hose for draeger detection kit
pH paper
Photoionization detector
Bungs
Drum gaskets
Spill control center
Recovery drum set
Salvage covers
Boot covers
Goggles
Reflective triangles
Megaphone
1
1
1
3
2
1
4
1
4
4
1
2
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
6
4
2
1
1
1
1
2
6
12
12
1
each
Camera
each
Camera carrying case
each
Grounding cable
each
Shovel, square
each
Shovel, round point
each
Tool case
each
Escape mask
each
Resuscitator
each
Self contained breathing apparatus
each
Spare cylinders
each
First aid kit
each
Ground mount light
each
Mounted flood light
each
Super vac smoke ejector
each
Angus foam play pipe
each
Angus foam eductor
each
Leak control kit A
each
Leak control kit C
each
4500 portable generator
each
Gas indicator with audible alarm
each
Orion digital pH meter
each
Scientific electrode
each
Chlorine gas leak detector
each
51 search wan
each
Replacement battery pak
each
Radiation/contamination survey meter
each
Gas tech triple combination monitor
each
Gas tech triple combination monitor
each
Acid transfer pump
each
Aquabiber hazmat kit
cases
Two single booms
each
Extension cords
each
Triple Y adapter
each
Twist lock to U spade ground adaptor
each
Portable GFI protector
each
Xetex 306A contamination monitor digital display
each
Xetex 305B digital rate meter
each
Xetex 415B digital alarming desimeter
each
National foam nozzle
each
Fyrepel fire entry suit
each
Scott full face respirator
each
Scott carteridge filter
each
Angus petroseal 5 gallon
library
NIOSH/OSHA Pocket Guide
Dangerous Properties or Industrial Materials
Merk Fudex
Fire Protection Guide
Condensed Chemical Dictionary
Hazardous Chemical Spill Cleanup
Toxic and Hazardous Industrial Chemical Guide,
Explosives
''i" ECEIVED
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY MAR 1,9 1990
CERTIFICATE OF COVERAGE
FIRE DEPT.
GTY OF 5AN RAFA61
State of California
TO: Department of Health Services CERTIFICATE HOLDER
P.O. Box 942732
Sacramento, CA 94234-7320
This certifies that the following described coverage has been
issued to:
ENTITY: City of San Rafael
Location of operation of entity: 1400 Fifth Ave., San Rafael, CA 94901
Description of activity: Municipal Government
ENTITIES LIMITS EXPIRATION DATE
City of San Rafael $ 250,000 N/A
California Joint Powers $10,000,000 6/30/90
Insurance Authority
450 Main St., Suite 201
Pleasanton, CA 94566
Coverage is in effect at this time and will not be cancelled,
limited or allowed to expire except upon 30 days written notice to
the certificate holder.
The following coverage is in effect:
Comprehensive General and Automobile Liability, as
defined in the Memorandum of Coverage on file with the
entity, and available on request.
DATE:
AUTHORIZED SIGNATURE AND TITLE
THIS CERTIFICATE DOES NOT PROVIDE COVERAGE TO THE CERTIFICATE
HOLDER.
Form A REV. 12/88