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HomeMy WebLinkAbout94-049~~~ ~~ SUP~-'~i~ i+ r~ ~ '. '.~` . ~. • " '" * ! C4UlVTY ~ E'3~` ~"C'T~, F'aTATE C?~' CA~.:~~'URiV lA ice:,.. ~. ,,.•~,'~- ~ ~ . ~t._ ~"rn•Yat.~~ ~i~'5olllflc~tl ~'0. 94-49 RESOLUTION AUTHORIZING CHAIR TO EXECIITE GRANT AGREEMENT BETWEEN BUTTE COUNTY FIRE DEPARTMENT AND DEPARTMENT OF TOXIC SUBSTANCES CONTROL WHEREAS, the County of Butte - Fire Department (CONTRACTOR) and the Department of Toxic Substances Control (STATE) desire to sign into a grant agreement to have CONTRACTOR provide a specialized team of personnel to respond to hazardous material emergencies or potential emergencies in the County of Butte. WHEREAS, the CONTRACTOR agrees and is authorized by the Director of the State Department of Toxic Substances Control or designee to purchase hazardous materials emergency response equipment which shall be used by the CONTRACTOR'S specialized waste response team. NOW, THEREFORE, BE IT RESOLVED that the Butte County Board of Supervisors is authorized, on its behalf to submit the attached grant agreement, 93-T0434, to the Department of Toxic Substances Control. The maximum amount payable under this grant shall not exceed $44,000.00 PASSED AND ADOPTED this 26th day of April, 1994 by the Butte County Board of Supervisors by the following vote: AYES: Supervisors Dolan, Houx, Thomas and Chair McLaughlin. NOES: None ABSENT: None NOT VOTING: None ,--~ r ` ~ l~ ,, ~ l.~ ~ `~\~ ~~--.: ~J~..r~~. ED MC LAUGHLIN,_/'Chair, Butte County Board of Supervisors ATTEST: JOHN S. BLAGKLOC~, Chief Administrative Officer and Clerk of the ,Board of Supervisors By ~-~~ a f_ ~;. STATE ^f CALIFORNIA NONDISCRIMINATION COMPLIAt~.;E STATEMENT STD. 79 (REV. 2-93) COMPANY NAME ` ~Kt~ vV~'ti1 ~~rr ~/~joGrtya~7'" The company named above (hereinafter referred to as "prospective contractor"}hereby certifies, unless specifically exempted, compliance with Government Code Section 12990 (a-f) and California Code of Regulations, Title 2, Division 4, Chapter 5 in matters relating to reporting requirements and the development, implementation and maintenance of a Nondiscrimination Program. Prospective contractor agrees not to unlawfully discriminate, harass or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HN and AmS}, mental disability, medical condition (cancer), age (over 4U), marital status, and denial of family care leave. CERTIFICATION 1, the official named below, hereby swear that I am duly authorized to legally bind the prospective contractor to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California. Ed McLaughlin OFFICIAL'S NAME April 26, 1994 DAT~~TED }J-~, EXECUTED IN THE COUNTY OF ~} ~ r ..::\1111 ~1Ji(~.~..~,~ l..~J Y- e PROSPEC~1 ~ONTR~ 'S SIG TURF PROSPECTIVE CONTRACTOR'S TITLE Chairman, Butte County Board of Supervisors PROSPECTIVE CONTRACTOR'S LEGAL BUSINESS NAME ~ ~ ~~ ~L(N ~ J ~! 1'L ~E~ a V T ~ r'k `1 S" 1Tti OF CALIFORNIA NO STw`i~ID:~RD AGREEMENT- Ap ~~~c~ ~~ ~ ~~ - . ,~ CONTRACT NUMBER AM. srD. ZtREV.s-e,l ;..' ' ~ ~ f ~,~'' F t ~ F ~'"~ 93-T0434 ( ~'"' ~ " ~•,. ~, ~ t c ~ TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NUMBER 4'^.' a r,., c.,,.;~ THIS AGREEMENT, made and entered into this 1st day of Apr i I lq 94 94-6000506 in the State of California, by acid between State of California, through its duly elected or appointed, qualified and acting TITLE OF OFFICER ACTING FOR STATE AGENCY Chief, Business Services Department of Toxic Substances Control CONTRACTOR'S NAME ,hereafter called the State, and Butte County Fire Department ,hereafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials as follows: (Set forth service to b~ rendered by Contractor, amount to be paid Contractor, time for performance or completion, and attach plans and specifteations, if any.) 1. The CONTRACTOR agrees to provide a specialized team of personnel to respond to hazardous materials emergencies ar potential emergencies, including but not limited to railroad and other surface transportation incidents in the Caunty of ` Butte. 2. The CONTRACTOR agrees and is author?^~~ by the Director of the State Department of Toxic SubstancE^ Control or designee to purchase hazardous materials emergency response equipment which shall be used by the CONTRACTOR'S specialized hazardous materials response team. Approved a>t to Fiscal artd 6udgaEary Control ~ ,l,O Atli ~~ I `~_ of - ~,~,% ^ONTINUED ON SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a part of this agreement. 1':V WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date fust above written. STATE OF CALIFORNIA CONTRACTOR AGENCY CONTRACTOR (!/ other than nn individual, state whether a myoration, parfnershp, etc.j `~epartment of Toxic Substances Control Butte County Fire Department BY (AUTHORIZED SIGNATURES ' - - ~{AUT O~D SIGNA F~~ ~ ~~~ 199 ,., PRINTED NAME OF PERSON SIGN PRINTED NAME DTI E OF P ON SIGNNG :'darvin H. Phil Ed McLaughlin, C air, Board of Supervisors-- nE aDDa`ESS ~ ~ _ Chief, Business Services 176 Nelson Avenue, Groville, CA 95695 AMOUNT ENCUMBERED BY THIS PROGRAMtCATEGORY (CODE AND TITLE} FUND TITLE Department o/General Services DoeuME"T Support HWCA Use Only ~ 4 , OOO (OPTIONAL USE} PRIOR AMOUNT ENCUMBERED FOR THIS coNTFtACr f'"."'.;°t ~'`T` ' tTEM CHAPTER STATUTE FISCAL YEAR ' 1 ~wi iR ; ,~ ~~ y ~,' ,-, ,;~• ,,E ' ' t' ' " AMOUNT ENCUMBERED TO T TA 3960-001-014 55 1993 93 94 - =~ . t::i O L DATE OBJECT OF EXPENDITURE (GOOF AND TITLE } 44 000 5500-405-15053 1 hereby certify upon my own pers onal knowledge that budgeted funds 7.B.A. NO. B.R. NO. are available for the period and pu rpose of the expenditure stated above. SIGNATURE OFACCOUNTNGOFFICER ~ ' PATE M II SEp 2 2 1944 CONTRACTOR ~ STATE AGENCY ~ DEPT. OF GEN. SER. ~ CC7NTAOLLER Contract No. 93-T0434 Butte County Fire Department Page 2 The following attachments are hereby incorporated into this agreement by reference: Attachment A, entitled "List of Equipment". Attachment B, entitled "Conditions of Use of State Equipment". Attachment C, entitled "VendorJEquipment Summary Sheet". Attachment D, entitled "Sample Invoice". Attachment E, entitled "Quarterly Report". 3. 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 5 pursuant to this agreement. Attachment A may be modified from time to time by mutual written agreement of the CONTRACTOR and the Department of Toxic Substances Control. 4. The term of this agreement is April 1, 1994 to April 30, 1996. The effective date of this agreement is the date the contract is approved by the State. 5. The maximum amount payable under this agreement shall not exceed $44,000. 6. 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 16 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. Contract No. 93-T0434 Butte County Fire Department Page 3 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, if applicable. 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. 7. The contractor shall submit invoices for payment to: Chief, Contracts and Office Services Department of Toxic Substances Control 400 P Street, 4th Floor P.O. Box 806 Sacramento, California 95812-0806 Telephone: {916) 324-3751 8. Payment Procedure. To receive payment, the CONTRACTOR must submit the following documentation attached to an invoice in the format shown in Attachment D. • Advertising {i.e., newspaper advertising, mailing list of prospective bidders}; • 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; • 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 • Purchase orders far 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. Contract No. 93-T0434 Butte County Fire Department Page 4 Upon receipt of the invoice and documents listed above, the State will issue a warrant for 50 percent of the total amount of the purchase orders. To receive the remaining 50 percent of the purchase orders, the CONTRACTOR shall assemble and send to the State an invoice (Attachment D format} and all equipment invoices with a summary sheet, and additional sheets if necessary, showing the vendor name, item of equipment, unit price, quantity, and dollar amount of purchase. See Attachment C for the format to be used in preparing the VendorjEquipment Summary Sheet. CONTRACTOR shall submit final invoice(s) no later than 30 days after the termination date of this contract. 9. CONTRACTOR shall submit an acceptable local plan for use of equipment to the Department. The plan shall address how all the requirements of this contract will be met and must also describe the Emergency Response Program funding. In addition, the plan will detail response team membership, training requirements, roles and responsibilities of various agencies involved in hazardous material response, safety procedures and decontamination methodology. 10. Equipment shall only be used by the CONTRACTOR to support hazardous materials emergency response activities. 11. Storage 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. 12. Inspection of Equipment. 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. Contract No. 93-T0434 Butte County Fire Department Page 5 13. Training. Staff assigned to the Hazardous Materials Response Unit must meet minimum training requirements for. the Hazardous Materials Technician Level as required by Code of Federal Regulations, Title 29, Part 1910.120 before initiation of use of the emergency response equipment. Furthermore, as minimum training standards are developed under the authority of California Code of Regulations, Title 8, Section 5192, such staff will receive appropriate certification within ane year of when the criteria are established. 14. Staffing. The CONTRACTOR agrees to staff each hazardous materials emergency response vehicle responding to hazardous materials incidents with a minimum of four (4) trained personnel per incident. Said personnel shall be available to operate a vehicle and/or equipment 24 hours per day. 15. 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. 16. Reports and Records. The CONTRACTOR shall maintain quarterly reports on the details of use of the equipment and related training on the form (Attachment E} 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. All reports directed to the DEPARTMENT shall be sent to: Department of Toxic Substances Control Emergency Response Unit 400 P street, 4th Floor P.O. Box 806 Sacramento, CA 95812-0806 17. Contract Manager for State. Kelvin Yamada, or his successor or designee, is the Contract Manager of the Department for this agreement. He can be reached by calling (916) 255-2073. All communications regarding this agreement shall be addressed to him. No decision of persons other Contract No. 93-T0434 Butte County Fire Department Page 6 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. 18. Contract Manager for CONTRACTOR. Dan Dyer is the aesignated Contract Manager representing the CONTRACTOR for th_s agreement, and he can be reached at (916) 538-2131. The CONTRACTOR shall notify the Department in writing regarding the naming of a designee or designees within at least 15 days of such occurrence. 19. Mutual Assistance Provision. To ensure the most efficient use of the hazardous material response equipment and to -~~tain maximum area wide coverage, the CONTRACTOR agrees not t~ refuse to provide hazardous material emergency response assistance to cities and unincorporated areas of the County. 20. Dis~atching. 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 andfor equipment for work outside the County's jurisdiction. 21. Termination of Agreement 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 na control, excepted. Contract No. 93-T0434 Butte County Fire Department Page 7 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 ar.3 chemical absorbents, etc.) shall not be returned. 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. 23. Inspectici:__ The State, through any authorized represent~tzves, 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 far 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. 24. Utilization of Small and Minority Business Enterprises a. The State Legislature has declared that a fair proportion of the total purchases and contracts ar 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. Public Contract Code Sections 10115 et seq. and Military and Veterans Code, Sections 999 et seq. require State contracts for property and services to have participation of not less than 15 percent of minority business enterprises (MBE), not less than 5 percent for Women Business Enterprises (WBE), and not less than 3 percent Disabled Veteran Business Enterprises (DVBE); or make a "good faith" effort to meet the participation goals. Contract No. 93-T0434 Butte County Fire Department Page 8 d. The CONTRACTOR hereby agrees to carry out these policies in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. As used in this contract, the term "minority business enterprise" meane a business concern (a) which is at least 51 percent owned by one or more minority group members or women, or 100 percent awned by one or more disabled veterans, or, in the case of a publicly awned business, at least 51 percent of the stock of which is owned by one or more minority group members or women, or 100 percent of the stock is owned by one or more disabled vete°ans; and (b) whose management and daily business cperations are controlled by one or more such individuals. "Control" as used in this clause, means exercising ti.° power to make policy decisions. A minority group member is a person who is Black, Asian, Hispanic, Filipino, Pacific Islander, American Indian, or Alaskan Native. e. 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. 25. 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. Contract No. 93-T0434 Butte County Fire Department Page 9 26. 27 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. Examination of Accounts, Audits and Records a. CONTRACTOR agrees that the State or its delegate will have the right to review, obtain, and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide the State or its delegate with any relevant information z~equested and shall permit the State or its delegate access to its premises, upon reasonable notice, duri:Lg normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three {3} years after final payment under the contract. b. Audits may include determining compliance with Public Contract Cade, Section 10115 et seq. and Title 2, California Code of Regulations, Section 1896.60 et seq. (Minority and Woman-owned Business Enterprises Participation) and Military and Veterans Code, Sections 999 et seq. {Disabled Veteran Business Enterprises Participation). Resolution of Contract Disputes 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. Contract No. 93-T0434 Butte County Fire Department Page 10 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, hejshe/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 original statement of the dispute with supporting documents along with a copy of the section chief's response. This 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 decisio:~. the division chief or designee shall meet with tie CONTRACTOR to review the issues raised. A written decision signed by the division chief or designee shall be returned to the CONTRACTOR within twenty (30) working days of receipt of the CONTRACTOR`S letter. 28. 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. 29. 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. Contract No. 93-T0434 Butte County Fire Department Page 11 CONTRACTORS and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations Title 2, Section ?285.0 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 subcontractor. shall give written notice of their obligations under this clause to labor organizations with which they ha~Te a collective bargaining or other agreemen~_ b. This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract. 30. The laws of the State of California shall apply to this contract both as to interpretation and performance. 31. Current and Former State Employees a. Current State Officers and Employees 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. 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. Contract No. 93-T0434 Butte County Fire Department Page 12 3} CONTRACTOR, in connection with this contract, may not accept volunteer ar occasional work of any currently employed State officer, employee, or official. 4) CONTRACTOR shall not, in connection with this contract, employ any State officers, employefs, or officials who are on paid or unpaid leave of absence from their regular State employment. 5) CONTRACTOR or anyone having a financial interest in this contract may not be or become a State officer, employee, or official during the tarm of this contract. 6) Occasional or one-time reimbursement of a S~.~te employee's travel expenses is not acceptable. (Citation: Public contract Code Section 10410} b Former State Officers and Em~loyees 1) CONTRACTOR shall not utilize in the performance 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) Contract No. 93-T0434 Butte County Fire Department Page 13 c. Failure to Comply With Subparts a or b 1) 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) 32. Druq-Free Workplace Certification By signing this contract, the contractor ar grantee hereby certifies under penalty of perjury under the laws of the State of California that the contractor ar grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 {Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the following actions: A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, ar use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355 (a) . B. Establish a Drug-Free Awareness Program as required by Government Cade Section 8355(b} to inform employees about all of the following: 1. the dangers of drug abuse in the workplace; 2. the person's or organization`s policy of maintaining a drug-free workplace; 3. any available counseling, rehabilitation and employee assistance programs; and, 4. penalties that may be imposed upon employees for drug abuse violations. C. Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed contract: 1. will receive a copy of the company's drug-free policy statement; and, 2. will agree to abide by the terms of the company's statement as a condition of employment on the contract. Contract No. 93-T0434 Butte County Fire Department Page 14 Failure to comply with these requirements may result in suspension of payments under the contract or termination of the contract or both and the contractor or grantee may be ineligible for award of any future state contracts if the department determines that any of the following has occurred: (1? the contractor or grantee has made false certification, or (2} violates the certification by failing to carry out the requirements as noted above. Contract No. 93-T0434 Butte County Fire Department Attachment A LIST OF EQUIPMENT 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Level A Suits Self Contained Breathing Apparatus and Combustible Gas Indicator Radios and In-suit Communications Assorted Personal Protective Equipment Personal Computer System with Printer, Reference Materials Chlorine A, B, and C Kits Stinger Drilling Equipment Vetter Bag Patching System Spare Cylinders Modem, and CD-ROM Drive Plumbing and Piping Repair Tools and Fittings Absorbents Contract No. 93-T0434 Butte County Fire Department Attachment B 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 operators of motor vehicles listed in said Contract shall hold a valid State of California driver's license. Contract No. 93-T0434 Butte County Fire Department Attachment C VENDOR/EQUIPMENT SUMMARY SHEET Item Unit Dollar Vendor Description Price Quantity Amount Contract No. 93-T0434 Butte County Fire Department Attachment D SAMPLE INVOICE County of California Agency of County Address City, CA XXXXX Invoice No. 94-TXXXX-O1 To: Department of Toxic Substances Date: Substances Control Contract No: 94-TXXXX Chief, Contracts and Office Services 400 P Street, 4th Floor P.O. Box 806 Sacramento, CA 95812-0806 ,, PLEASE RETURN DUPLICATE WITH REMITTADTCE For Purchase Orders Issued June XX, 19XX. Vendor Dow-Hammond Co. Co. Meadows Camera Sriop AIvIPCO Metal Indust. Supply Sears Contract Sales Marshall-Newell Supply Co. BWS, Inc. BASCO Amount $ xx,xxx.xx xxx.xx x,xxx.xx xxx.xx xx.xx xxx . ~; x x,xxx.xx Subtotal $ xx,xxx.xx Tax x,xxx.xx Total $ xx,xxx.xx Amount Due = 500 of Total $ xx,xxx.xx