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HomeMy WebLinkAbout14-Fire Department ------.,'J CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Larry R. Pitzer, Fire Chief Subject: Authorization to submit a contract proposal for the development and implementation of a Metropolitan Medical Response System (MMRS) and accept funding allocation in the amount of $400,000. Dept: Fire 7~',""~ '~. J Date: March 11,2002 MC/C Meeting Date: April 1, 2002 Synopsis of Previous Council Action: 06/04/01 Resolution #2001-149 authorizing the City's participation in a terrorism domestic preparedness training program and acceptance of an equipment and administrative grant from the U.S. Department of Justice in the amount of $310,000. RECOMMENDATION: Adopt resolution. Contact Person: Larrv Pitzer. Fire Chief Phone: 384-5286 Supporting data attached: Staff Report. Resolution. & Proposal Ward: Citywide FUNDING REQUIREMENTS: Amount: $0 Source: (ACCT. No) (Acct. Description) Finance: Council Notes: 1ZEB::J# ~-\CO LJ h / O~ , Agenda Item No. /'1 STAFF REPORT SUBJECT: Authorization to submit a contract proposal for the development and implementation of a Metropolitan Medical Response System (MMRS) and accept funding allocation in the amount of $400,000. BACKGROUND: As a follow-up to the City's implementation of the United States (U.S.) Department of Justice's Terrorism Domestic Preparedness Program, the U.S. Department of Health and Human Services (DHHS) is offering each participating city an opportunity to enter into fixed price contracts for disaster medical response development. The contracts require each city to formulate an implementation plan tailored to its existing system and needs. The plan includes equipment, supply, pharmaceutical, and training requirements. The concept of operation integrates local, state, and federal health and medical support. MMRS teams are designed to provide initial on-site response and provide for safe patient transport to hospital emergency rooms in the event of a terrorism incident. The systems are characterized by specially trained responders, available special pharmaceuticals and decontamination equipment, on-site health care, and enhanced emergency medical transportation and emergency room capabilities. The initial DHHS funding allocation will be $400,000. Additionally, the City is eligible to receive a $200,000 supplemental funding allocation during the following fiscal year to plan for an appropriate emergency response to a biological terrorist attack. This funding provides support for local jurisdictions to develop/augment plans directed at the early recognition of a biological event, mass immunization/prophylaxis, mass care, mass fatality management, and environmental surety. FINANCIAL IMPACT: The DHHS will provide the City with an initial funding allocation of $400,000 to develop an MMRS Program. This funding is contingent on the City's completion of required planning deliverables specified in the Request for Proposal. The funding will be disbursed incrementally based on the City's timely submission of the following planning deliverables: ITEM AMOUNT OF PAYMENT Deliverables I and 2 $120,000 . Meeting with DHHS Project Officer . MMRS Development Plan Includes Development Team and Steering Committee membership ITEM AMOUNT OF PAYMENT Deliverables 3 and 4 $ 40,000 . Basic MMRS Plan . Plan component for managing the health consequences of a biological weapon of mass destruction (WMD) Deliverable 5 $ 60.000 . MMRS plan component for responding to a chemical, radiological, nuclear, or explosive WMD event Deliverables 6 and 7 $ 20.000 . Plan component for a Metropolitan Medical Strike Team (MMST), if necessary . MMRS plan component for the forward movement of patients regionally or to other areas of the nation Deliverables 8. 9, 10, and 11 $160.000 . MMRS plan component for local hospitals and regional healthcare systems . MMRS training plan (includes initial and Refresher training requirements) . MMRS equipment plan . Progress Reports (this shall be a brief monthly Status report) and a Final Operational Report I, TOTAL $400,000 Funding pnontIes for the MMRS Project include personal protective equipment, detection and decontamination equipment, pharmaceutical supplies, and communications equipment. The need for a part-time consultant to assist with program development will also be evaluated during the initial development phase. The DHHS RFP does not require a detailed budget at this time; however, the following proposed budget reflects estimated costs for the above items: ~" 2 MMRS Proposed Bud!!et* Plannin!! Personnel** (May be needed) Consultant ($30/hr x 400 hrs) $ 12,000 Long Distance Travel $ 5,000 Planning Total $ 17,000 Pharmaceuticals $150,000 Equipmentlfraining $200,000 Office SuppliesJEquipment $ 5,100 Total Direct Costs $372,100 Miscellaneous (Indirect 7.5 % ) $ 27,907 TOTAL COSTS UQP.QP7 * A detailed budget cannot be provided at this time since the MMRS Development Team has not been formed. Once this group is identified, a thorough assessment of training and equipment needs will be conducted and funding needs will be prioritized. At that time, we will be able to formulate a more detailed budget for the MMRS Project. ** Project management (planning and development) will be provided primarily through in kind services from the San Bernardino City Fire Department's Disaster Management Coordinator and EMS Coordinator positions. The use of consultant services may be necessary during the project planning phase. Funds not used for consultant services will be applied to additional equipment/supply needs. The Fire Department's Disaster Preparedness Division will provide overall project management and will coordinate efforts with other impacted City and County departments as well as other emergency support agencies. An MMRS Development Team and Steering Committee will be formed to assess and identify first responder training and equipment needs for the San Bernardino area. At that point, the City may begin to procure the special equipment and pharmaceutical supplies to improve local response to a weapon of mass destruction event. Funding priority will be given to Fire (HAZMAT and EMS), Police and local hospitals. As each deliverable is completed, DHHS will direct deposit the indicated funds to a pre-established City account. The City will, in turn, submit Federal vouchers for each purchased item. 3 All equipment and/or pharmaceutical supplies purchased through this program will be the property of the City of San Bernardino. As the project develops, there may be a need to store some of the pharmaceutical supplies at local hospitals. A property officer will be designated within the Fire Department and Police Department, respectively, to conduct regular inventories of all purchased items through this contract. This will not be a new position, but provided through in kind services. Sustainment funds for future equipment maintenance costs are not provided through this program, but will be absorbed in the Fire Department's budget. There are no matching requirements and no net impact to the City's General Fund for fiscal year 2002-2003. RECOMMENDATION: Adopt resolution. 4 I e 2 3 4 5 6 7 8 9 10 11 12 13 e 14 IS 16 17 18 19 20 21 22 23 24 25 e 26 27 28 ~.0.~W RESOLUTION NO. '--r'G . ~ I U RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE SUBMITTAL OF A CONTRACT PROPOSAL FOR THE DEVELOPMENT AND IMPLEMENTATION OF A METROPOLITAN MEDICAL RESPONSE SYSTEM (MMRS) AND ACCEPT FUNDING ALLOCATION IN THE AMOUNT OF $400,000. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Administrator or designee is authorized to sign and submit a contract proposal to the Department of Health and Human Services for the development of a Metropolitan Medical Response System in the amount of $400,000. A copy of the contract proposal is attached as Attachment "A", and incorporated herein by reference. IIII IIII IIII IIII IIII IIII IIII //II IIII IIII IIII IIII IIII IIII IIII IIII IIII 1 e e _ 26 - 27 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE SUBMITTAL OF A CONTRACT PROPOSAL FOR THE DEVELOPMENT AND IMPLEMENT A TION OF A METROPOLITAN MEDICAL RESPONSE SYSTEM (MMRS) AND ACCEPT FUNDING ALLOCA nON IN THE AMOUNT OF $400,000. 2 3 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common 6 Council of the City of San Bernardino at a meeting thereof, held on the 7 day of , 2002, by the following vote, to wit: 8 9 NAYS ABSTAIN ABSENT COUNCILMEMBERS AYES 10 ESTRADA II LIEN 12 MCGINNIS 13 DERRY 14 SUAREZ IS ANDERSON 16 MCCAMMACK 17 18 Rachel Clark, City Clerk 19 20 The foregoing resolution is hereby approved this day of ,2002. 21 22 Judith Valles, Mayor City of San Bernardino 23 24 Approved as to Form and legal content: 25 JAMES F. PENMAN, City Attorney 28 By: 2 Attachment "A" e Metropolitan Medical Response System Proposal e e City of San Bernardino Fire Department 200 East Third Street San Bernardino, California 92410 RFP #233-02-0042 March 2002 e e e City of San Bernardino PROPOSAL FOR THE DEVELOPMENT OF A METROPOLITAN MEDICAL RESPONSE SYSTEM TABLE OF CONTENTS Section I: Technical Proposal . Introduction . Situation and Threat Background . Objective and Scope . Timetable for Deliverables Section II: Business Proposal . Proposed Budget . Payment Information Form Section III: Representations and Certifications . Solicitation, Offer and Award (Standard Form 33) . Section K - Representations, Certificates, and Other Statements of Offerors . Disclosure of Lobbying Activities '.:....... r'~~ ~E~~,1~_\i:~~~::_:i~:;~t~';.. :~.; , ,~;~~:~~~.~,:~~-::i;'i-t 'A .,".,lff<..;:.;';'....... "'r......... .' ,- - ''-:::<~~.-;~~~~:;*<~. ..-'- ",,., ~ . t~ ~~~;~; ":" ~(:-~i"~. ~," ::~- " .-......,. ~-~~.,~{~:~. ., .' ,:," :;~ " _, " v. " . ,.,~~~1;.~~(~ti~~\~t~r, .:t~~,~'" e e e City of San Bernardino PROPOSAL FOR THE DEVELOPMENT OF A METROPOLITAN MEDICAL RESPONSE SYSTEM INTRODUCTION The City of San Bernardino, with a population of over 186,000, is the largest city in the largest county in the United States. The County of San Bernardino is geographically the largest county in the contiguous United States, covering 20,000 square miles of diverse climate and terrain. The City and County share a very large jurisdiction with resources that are critical to the State of California and the economy of the United States. The presence of potential terrorist targets within our military and civilian hazardous materials handling facilities, transportation corridors, and critical resources is undeniable. SITUATION AND THREAT BACKGROUND Terrorism is of increasing concern because ofits potential for mass injury, destruction and death in venues previously deemed to be safe havens. Chemical and Biological warfare tactics are being used more frequently by terrorist-type groups and pose an increasingly serious threat to public safety organizations and the public. The rapid technological growth in the San Bernardino region during the past few decades has resulted in an infrastructure that is tightly interconnected by vast systerns of communications, transportation, industry, government and economic integration. Threat Assessment - Chemical Facilities Approximately 8000 facilities in the San Bernardino area handle, process, and dispose of hazardous materials in quantities requiring disclosure under the State's Emergency Planning and Community Right to Know law. Ofthese facilities, 412 house chemicals above the designated threshold planning quantities limits that the EP A has classified as Extremely Hazardous Substances. These facilities include high volume (bulk tank or railcar) users of chemicals including but not limited to chlorine, ammonia, nitric acid, sulfuric acid, and hydrofluoric acid. Highly toxic gases such as arsine, hydrogen fluoride, hydrogen chloride, and various industrial gases are used in quantities exceeding reporting thresholds. Due to the type and nature of this chemical handling, some of these facilities could be targeted for theft, sabotage, or intentional release of chemicals. Vulnerable zones for the releases of some of these large volume toxic gases (e.g. railcars of chlorine) have been calculated to exceed 25 miles. Approximately 43 facilities were required to prepare Risk Management Programs under EP A Accidental Release Prevention Program requirements. An intentional act of terrorism at any of these facilities could result in a large-scale disaster. Threat Assessment - Radioactive Waste A radioactive waste disposal site is being proposed for a desert area in San Bernardino County known as Ward Valley, adjacent to Interstate 40. This location has already been the site of numerous events of civil disobedience and could be targeted for a terrorist act. In addition to this proposed facility, low-level radioactive waste generated from federal e e e Proposal for Development ofMMRS Plan Technical Proposal Page 2 of7 TRANSPORTATION INFRASTRUCTURE The San Bernardino region occupies a strategic location with regard to transportation corridors. It straddles most of the surface routes connecting the Southern California Metropolitan Area (including the Ports of Long Beach and Los Angeles) with the rest of the contiguous United States. Consequently, rail, pipeline, and highway transportation is a significant factor in both the potential for a large scale release from one of these modes of bulk transportation due to an intentional act, and in the resulting devastating disruption in national commerce and civil rest. The Cajon Pass is a critical geographic feature of the San Bernardino area that co-locates one Interstate, two railroads, two hazardous liquid pipelines, two high-pressure natural gas transmission lines, water lines, and two high-power electric transmission corridors. The lifelines of fuel, power, water, and commerce to Southern California come through the Cajon Pass. Traffic loads through the Pass can be as high as 250,000 vehicle trips per day. The California Public Utilities Commission has identified the Cajon Pass as one of the highest risk sections of rail in the State due to steep terrain and serpentine track patterns. The Cajon Pass Derailment of 1996 clearly illustrated the strategic location and national significance of an extended closure of the Cajon Pass. By the third day of the incident trains were backed up as far to the East as New Mexico, and the economic impacts were felt all the way to the East Coast. Hil!hwavs The San Bernardino region has three major Interstate Highways -- Interstate 10, Interstate 15 and Interstate 40. Interstate 10 is the major connecting route between the Los Angeles area and the East Coast. Interstate 15 is the only major route that connects from the U.S.- Mexican border at San Diego to Las Vegas and beyond. Interstate 40 connects Northern California to the East Coast and is part of the designated route for escorted DoD and NASA shipments of dinitrogen tetroxide from Aerojet and Vandenberg. Major connecting freeways include the 60 and 215 Freeways which are State Highways. A significant portion of State Highway 395 connects Southern California to the Tahoe Basin. The Highway 58IUnion Pacific Corridor from Barstow to the Kern County line is the only southern rail link for the San Francisco Bay Area and Central California. The significance of its strategic location was demonstrated in February 1997 when a train collided with a tractor-trailer and was closed for 30 hours. In that time, rail and truck traffic backed up into Central California. It is also the only designated route for rocket fuel for both Edwards Air Force Base and Vandenberg Air Force Base. e e e Proposal for Development ofMMRS Plan Technical Proposal Page 3 of7 Railroads Four major railroads traverse the San Bernardino region including Union Pacific (UP) Railroad, Burlington Northern Santa Fe Railroad (BNSF) and passenger lines Amtrak and Metropolitan Transportation Authority (MTA). Both UP and BNSF have two major classification yards in the County. As the two remaining transcontinental rail service providers, all commodities traveling from the Pacific Rim Countries to the Eastern Sea Board must pass through these terminals. A Transportation Hazards Analysis done for the Local Emergency Planning Committee (LEPC) indicated that San Bernardino County rail shipments exceeded all other counties in the LEPC Region in terms of shipments as well as the variety of hazardous cargo transported. Pinelines Several large diameter high-pressure hazardous liquid pipelines traverse the San Bernardino area connecting points along the pacific coast with points east. A large, high pressure fuel line known as the CALNEV Pipeline runs from the Los Angeles Basin to Las Vegas, Nevada, carrying petroleum products, including but not limited to jet fuel for Nellis Air Force Base. The pipeline travels parallel to both rail lines and major roadways at various points along its course and is considered a potential target for terrorists. AII- American pipeline transports petroleum through more than 100 miles of pipeline within the County, on its path from Santa Barbara to Texas. Two pipelines transporting hydrogen and oxygen connect suppliers with their major customers. The hydrogen line runs parallel to the railroad and crosses the rail line and Interstate 10. Airnorts There are three international airports within San Bernardino County including Ontario International Airport (OlA), Southern California International Airport (SCIA) and San Bernardino International Airport (SBDIA). All three are considered potential targets of a terrorist act. Government Facilities Situated within San Bernardino County are various State and Federal facilities that could become targets. These include five major military bases: the Marine Corps Logistics Base at Yermo, the Fort Irwin National Training Center north of Barstow, 29 Palms Marine Corp Air Ground Combat Center in 29 Palms, the Naval Weapons Center at China Lake and a portion of Edwards Air Force Base that houses the X-33 Space Shuttle rocket launching and testing facility. Over 83,000 pounds of liquid hydrogen propellant are stored and used at the rocket-launching site. The primary mission ofthe military facilities is to act as national training centers for all branches of the military, including preparation for desert warfare activities. Also included within govemment facilities are offices for the: Immigration and Naturalization Service (INS); USFS Department of Agriculture; Military recruiting offices; Army ReservelNational Guard Armories; U.S. Bankruptcy Court; California Franchise Tax Board; the Central U.S. Postal Distribution Facility; and a Mexican e '~':7. e e Proposal for Development ofMMRS Plan Technical Proposal Page 4 of7 Consulate Office. State Corrections has three institutions with maximum-security inmates in the Chino area -- California Institute for Men, California Institute for Women, and Califomia Youth Authority. Civilian Venues San Bernardino County has several large civilian facilities that could be a potential terrorist target as well. The California Speedway in Fontana attracts crowds over 100,000 four to five times per year. There are large convention centers near Ontario International Airport and another in San Bernardino. Blockbuster Pavilion, located at the Glen Helen Regional Park attracts thousands of people during live concert activities. The annual San Bernardino Route 66 rendezvous attracts in excess of 500,000 people over a three-day period. Sources orSare Drinkinl! Water The California Aqueduct traverses the county bringing drinking water from Northern California to the Southland, draining into Lake Silverwood Reservoir in the San Bernardino Mountains. This water eventually is destined for the major metropolitan area of Los Angeles. This is a popular tourist site as are many of the mountain resorts, particularly during the winter months and could become a potential terrorist target. The Colorado River borders the eastern boundary ofthe County and is a source of recreation, drinking water, and agricultural irrigation for communities in several states. Medical Facilities There are no less than ten major hospitals within San Bernardino County. Included among these is the County Arrowhead Regional Medical Center, Jerry L. Pettis Memorial Veterans Medical Center, and Loma Linda University Medical Center and Research Facility, both of which are located in Loma Linda approximately one half mile apart. OBJECTIVE AND SCOPE The City of San Bernardino, through a collaborative effort with the County of San Bernardino and other local jurisdictions and/or agencies within San Bernardino County, is proposing to enhance the current local resources in response to health and medical consequences of a nuclear, biological or chemical (NBC) terrorist incident. The San Bernardino City Fire Department will manage the development and implementation of the MMRS Project. The San Bernardino MMRS Project will be integrated with the existing regional San BernardinolRiverside Terrorism Early Warning Group (TEWG). The goal will be to involve all key agencies represented on the TEWG including: the County Public Health Department, local hospitals, local Emergency Medical Providers, Fire Departments (including EMS and Hazardous Materials Teams), Law Enforcement Agencies (including Bomb Squads and SWAT Teams), Mental Health, local laboratories, veterinarians, Medical Examiner, Local and State Emergency e Proposal for Development ofMMRS Plan Technical Proposal Page 5 of7 Management, State EMS Authority and Health Department, National Guard, FBI, Public Utility Agencies, American Red Cross, and other local federal agency representatives. The MMRS Plan will include the following components: I. Method for identifying concepts of operation including plans for: d. e. e f. g. h. a. Notification and alert procedures of EMS, fire, law enforcement, hospitals and public health. This must include procedures for notification of hospitals, clinics and HMOs; b. System for command and control; c. Centralized communications with the ability to contact both local and national resources. There is a need, not only for a common communications system among emergency responders, but also between emergency responders and local county agencies. The MMRS Plan will address this issue with solutions for a fluid communications system; A means for management of public affairs; Identification of agent; Containment of agent; Management of victims including decontamination, triage, pre-hospital treatment, and transportation to appropriate facilities (to local facilities or other areas within the region or nation as appropriate); Many victims will present at hospitals and clinics on their own and by- pass pre-hospital interventions. The MMRS Plan will include provisions addressing Weapons of Mass Destruction (WMD) recognition and treatment, lock-down procedures, outside triage, outside decontamination, proper Personal Protective Equipment (PPE) for healthcare workers, and adequate security for these sites. I. Definitive treatment at hospitals; J. Examination and disposal of deceased; k. Appropriate response by mental health workers. 2. A mission statement, organization, membership and operational guidelines for the Metropolitan Medical Strike Team (MMST), if a strike team is determined the best option for the San Bernardino area. 3. Management of health consequences of a biological WMD. This will include the integration of the plan with existing local and state health surveillance plans for bioterrorism and influenza pandemic planning. This portion of the plan will address five issues: e a. Early Recognition -- including early indicators and who will make decisions to implement .response plans; e e e Proposal for Development ofMMRS Plan Technical Proposal Page 6 of7 b. Mass Immunizations -- develop plans for managing and implementing mass immunizations/prophylaxis; c. Mass Patient Care -- providing care for a significant portion of the community; d. Mass Fatality Management -- develop plans for providing care and disposition for large numbers of fatalities including decontamination/isolation procedures e. Environmental Surety -- identifying environmental risks, decontamination or vector intervention and re-entry into the suspect area with the help of local, state and federal environmental agencies. 4. Identification of training requirements for MMRS personnel including emergency first responders, EMTs, Paramedics, hospital and other personnel who may be involved in an incident. a. As a current recipient of the U.S. Department of Justice's Terrorism Domestic Preparedness Program, the City, County and other local emergency support agencies have been participating in aU available terrorism preparedness courses. The train-the-trainer courses wiU aUow participating agencies to develop additional training opportunities for their respective agencies. This training will continue until all appropriate personnel have been trained. Continuing education/refresher training will also be conducted along with system-wide exercise driUs. This training will include the assessment and implementation of additional specialized training for San Bernardino Hazardous Materials Team members in the area of Hazardous Materials and WMD. There is a need for hospital staff to conduct ongoing Hospital Emergency Incident Command System (HEICS) training. HEICS Training will be provided to San Bernardino hospital personnel. There is also a need for training of other healthcare workers (e.g., clinics, HMOs, etc.). These groups will be identified and training needs assessed. b. c. d. 5. A pharmaceutical plan wiU be developed to identifY and procure approved pharmaceuticals to meet the needs of emergency responders and the community in the event of an NBC terrorist incident. The plan will include a way of "rotating" pharmaceuticals and a means of maintaining an appropriate supply beyond the term of this project. 6. An equipment list will be developed to meet the needs of the San Bernardino area in the event of an NBC terrorist incident. This list may include personal protective equipment, detection equipment, decontamination equipment, and communications equipment. Any equipment purchased will be coordinated with equipment received by other county agencies from California Office of Emergency Services, State Department of Health Services, State EMS Authority, e e e Proposal for Development of MMRS Plan Technical Proposal Page 70f7 DoD, DOJ, DHHS, and FEMA. The San Bernardino City Fire Department will work with public health, local hospitals, laboratories, law enforcement and other fire departments to assess the needs. A "property officer" will be identified to be responsible for all property received under this contract. TIMETABLE FOR DELIVERABLES Description ..' .... . ; ...;....Delivery \. Meet with Project Officer Within I month of contract award 2. MMRS Development Plan Within 45 days of contract award 3. Basic MMRS Plan Within 7 months of contract award 4. MMRS Plan component to manage the Within 8 months of contract award health consequences in the event of a biological WMD agent release. 5. MMRS Plan component for responding Within 9 months of contract award to and managing the health consequences of an incident resulting from use of a chemical, radiological; nuclear, and/or explosive WMD. 6. MMRS Plan component for a Within 12 months of contract award Metropolitan Medical Strike Team (MMST) capability, if applicable. 7. MMRS Plan component for addressing Within 18 months of contract award the Forward Movement of Patients to other areas of the region or the nation. 8. MMRS Plan component for the local Within 18 months of contract award Hospital and healthcare system that will ensure a surge capacity to accommodate 500 critically ill patients in hospitals or alternative care facilities. 9. MMRS Training Plan Within 18 months of contract award 10. MMRS Equipment Plan Within 18 months of contract award II. Progress Reports/Final Report Monthly Progress Reports/Final Report due at end of 18 month contract period ,-.,:~:. ;,' '...!'<j,:' . ,~~~~~1~~~- :w.-'~~;~~:(;. .;-,.:~"ii,Y," " ~.-~. i./;~}~t " ~h; .~~: :~~~~:.- -....;, ~.,. ',,;' '- " ~ ....-. ':~~;'2~~f;::_ :.y:: ':~.....,.,:. " .'If'.' e City of San Bernardino PROPOSAL FOR DEVELOPMENT OF A METROPOLITAN MEDICAL RESPONSE SYSTEM Business Proposal Budget For 18 Month Project Planninl! Personnel. Consultant ($30/hr x 400 hrs) $ 12,000 Long Distance Travel $ 5,000 Planning Total $ 17,000 Pharmaceuticals $150,000 EquipmentlTraining $200,000 e Office Supplies/Equipment $ 5,000 Total Direct Costs $372,000 Miscellaneous (Indirect 7.5%) $ 27,900 TOTAL COSTS $399,900 . Project Management (planning and development) will be provided primarily through in-kind services from the San Bernardino City Fire Department's Disaster Management Coordinator and EMS Coordinator positions. 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Sign~tur, MId 1'~. of AuthoEit;ec1 oUicla1 lfinanci.l D tast1tut10nl.1. i -+ - t\.~ r,:-r;, ,1 ~ n ~d.u....tJ ~.. L:.--, \..lIlLc...4 .I L~ Telepnone _r:..IJ!li...1 'AL-~"'l Date: 3/12/02 ............ The fallDwing ~st be si ned by the p.yec.............. J have verified tho info~tio. on tIli. form. =:i19n~t.Ul'e u.~e e .... ',~' ,,,&:::,. ~%:.j'::<..-::h.'". . ..:-.-.,' '," .?~~.:;"';~}t$~--,';;'~:. ,. "'!7;~r~'~~~:,/:'~':, :-:1 ~ "-.' " . ~..;;.- t;~%L ,;0~t!;~~~" ~-.~ _.t",~~~.r~~}~*~'~ . : :,}....' -, '~~h":t~il.":'~-'~~:;:;.~;,:;,L~:?-' ~~".' '-'.'," f"':-~:.tW:s.~_~-::'>_,':,,,;i'\~\.~. .".~,. ,- i'-'-m.~~'~.- .---~.. ~~.\-;:'.~ , ....t.~-. .~~..' ..t!' " ~;;Y',: ~.f~''-:::4;:':, -.... n............u t"'U. yuuu-WU8 233-02-0042 I. THIS CO'\IT RAO IS A RAT EO cnOER UNDER DPAS (15 CfR 700) 4 I YPE CF salOl AIIO< o SEALED BID O'Bl X NEGOT IAI ED (R'P) 02126/02 B ADDRESS CHER 10 Qf at"... t/1alll.", 7) -... RATING PAGE Cf PAGES 1 59 b. REQlrSllro<,pUROiASE NO ??oo89 SOlIOT AT ION, OFFER AND AWARD 2. CQ\IT RACT NO. 3. salOT AllO< NO. 5 DATE ISSUED . ISSUED BY CXXlE ., DHHSlProgram Support Center AOSlDivision of Acquisition Management Parklawn Building. Room 5-10 I 5600 Fishers Lane. Rockville. MD 20857 NOI'E: In sedEldbdsOltdtdic:ns -af" a1d-afer~ ITS:J'S -t:id' a'ICI-t::id:::B-. SOlIOl AT ION 9. Seded offers in aignd ad 1 hal,Ctx:rriec1 in the d3p:sitoy h:xxfed in cq:ies fer "snishing the sl.Q:iiES a services in the Sd"Iec:1Je will be receiVEd d the Jja:::e specjfied in itEm 8. a if S.. Block 7 Lr'llll S-OOp m loed time 04111102 (HQI) (1)7., See Sedicn L. PrC>lisicn No. 52.214-7 a 52.215-1. All elfS's aeslt:ie:t 10 dl fS'm; <rod CAUTION - LAT E SlbTissicn. Modficx:licns. O'ld WlthctONds: a:rdticns ccntdned in this sdidtdlO'l. 10. FOR A NAME INFORMAIIO< .... CALL: ,... B T LEPH "00 ....... LECT CALLS x C E-MAIL ADDRESS mtroller@psc.gov Michele TrOller (Xl SEC DESORIPTIO< DESOlIPIIO< PAGE(S) PART I - THE SOiEDULE PART II - CXNT RACT Q.AUSES X A salOl AT IO</CO'ITRACT FalM I X I CQ\ITRACT Q.AUSES 26-33 X B SUPPLIES al SERVICES AND PRICEs/cons 2-3 PART 111 - LIST CF DCCUMENTS. EXHIBITS AND orHER AT! AO<. X C DESO?IPTlo<,sPECS./WOlK ST ATEMENT 4-16 X J LIST CF AT! AO<MENT S 34-59 X 0 PACl<AGlNG AND MARKING 17 PART IV - REPRESENT AIIO<S AND INSTRUCT IO<S X E INSPECTIO< AND A=PT ANCE 18 REPRESENT AIIO<S. CERTIFICATIONS AN:) X K .-15 X F DELIVERIES al PERFORMANCE 19-20 orHER ST AT EMENT S CF CFFERORS X G CCNTRACT ADMINISTRATlO< OAT A 21-24 X L INSTRS.. CCNDS.. AND Nor ICES TOCFFERORS 1-3 X H SPEOAL CXNTRACT REQlIREMENTS 25 X M EVALUATlO< FACT ORS FOR AWARD 1 OFFER (Must be Iully crrrpeled ~ cllga) E: ItEm 12 d:Jes rot Q:X:jy if thesolidtction Irdu::tas thepc:Msicnct 52.214.16. Minirn.mBid~a'CeP&iod. . In c:x::nP1ac:e with the c:toJe the ..ndIirsiO'lBd cg'ees. If this af. is QX:eJ:ted within cd8'lCtJ CiJ;'s (60 a::JErJdJ ~ crtIe51 odffflfrlt pgiod is insfiTte::J tIy the cJffila) fran the ct:te fa rElOElij:t a afers spedfied d::Dfe to fll'nish arv a dl ItEWT'S upon wtlIctl p'ic:es ae dfeed ct the piCB set ~ite ea:tl item dalivered ct the de5iglCied pjint(s). within the t1lTB SPJjfied in tne sdlecUe. ~ 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS 40 CALENDAR DAYS 13 OISCOJNT Fm PRo..1PT PAYMENT (SeeSedia> I. OcuseNa 52-232-B) 14. ACl<NONLEDGMENT CF AMENDMENT S (The cJff!lry cDcnow/~ rec::St:X cJ aneno. mErIts to meSa/OT Af/OV fa cJfeICxs md raded c:t:IO.Jt'n!:nts nurrtBed mcJ crJect) CXXlE AMENDMENT NO. DATE AMENDMENT NO DATE 15A. NAME AND ADDRESS Cf CFFERal lb. NAME AND TiTLE CF PERSO< AUT HallZED TO SIGN CfFER (T ype CT pInt) City of San Bernardino 300 North "n" Street San Bernardino, CA 92418 15B TELEPHO<E NUMBER 15C O<ECl< IF REMIT! ANCE ADDRESS IS ....... x 0 DIFFERENT FRQ..1 ABOVE ENTER SUO< 384-5122 ADDRESS IN SO<EOULE Fred City Wilson Administrator "eo 909 17. SIGNAIURE 18. CFFER DATE 19. A=PTED AS TOITEMS NUMBERED AW ARD (f 0 be c:urr:Jeled ~ GC>IernrTlfTlf) 20. AMOJNT 21. A=NT ING AND APPRQPRIAT 10< 22. AUIHallTY FO? USING or HER THAN FULL AND <YEN Cl:MPETlTIO<: 010 U.S.C 2304 (c)( 041 U.S.C 253 (c)( 24. ADMINISTERED 8Y (iI at"... thalli.", 7) CXXlE 23. SUBMIT INVOCES 10 ADDRESS SHOWN IN (4 c:cpes Lrless oth8wise specified) ~ 25. PAYMENI WILL BE MADE BY =E NAME CF CXNTRAOINGCFFlCER (fvpea pint) 27. UNITED SlATES CF AMERICA 2B AWARD DATE (Si lie ct ecnrra;t, OfiCB) IMPORT ANT - Awadwill berttdecn fhis Fam 01 on SfO'1c1Jd Fam 26. 01 Oi ofhe' OJthaizedelfidd written notice. AUTH~IZED Frn LOCAL REPRCDJOICN Sf ANDARD FORM 33 (REV Q.Q7) PJt'Vltu edl,O"'lI$lA.!sdje PrEl5alt:&j~ Q;A. FA!? (48 CFR)53 214 (C) C'"ttdl~ I'ff"M<<I:o_~Iba:uhl;JMI4oG~ IEF e e e SECTION K - REPRESENTATIONS. CERTIFICATES. AND OTHER STATEMENTS OF OFFERORS 10. l. 2. FAR 52.203-2 FAR 52.203-11 Certificate of Independent Price Determination Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions Taxpayer Identification Certification Regarding Debarment, Suspension, Proposed Debarment and Other Responsibility Matters Place of Performance Small Business Concern Representation Previous Contracts and Compliance Reports Affirmative Action Compliance Certification of Toxic Chemical Release Reporting The Pro-Children Act of 1994 To Be Completed by the Offeror: (The Representations and Certifications must be executed by an individual authorized to bind the offeror.) 3 . 4. FAR 52.204-3 FAR 52.209-5 The offeror makes the following Representations and Certifications as part of its proposal (check or complete all appropriate boxes or blanks on the following pages) . 5. 6. 7. 8. 9 . FAR 52.215-6 FAR 52.219-1 FAR 52.222-22 FAR 52.222-25 FAR 52.223-13 233-02-0042 (RFP No.) P.L. 103-227 City of San Bernardino (Name of Offeror) (Signature of Authorized Individual) (Date) Fred Wilson, City Administrator (Typed Name of Authorized Individual) Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. e e. e SECTION K 233-02-0042 Page 2 of 15 1. 52.203-2 Certificate of Independent Price Determination. (APR 1985) (a) The offeror certifies that - (1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to - (i) Those prices; (ii) The intention to submit an offer;, or (iii) The methods or factors used to calculate the prices offered. (2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. (b) Each signature on the offer is considered to be a certification by the signatory that the signatory - (1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a) (1) through (a) (3) of this provision; or (2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a) (1) through (a) (3) of this provision [insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this e e e SECTION K 233-02-0042 Page 3 of 15 bid or proposal, and the title of his or her position in the offeror's organization]; (ii) As an authorized agent, does certify that the principals named in subdivision (b) (2) (i) of this provision have not participated, and will not participate, in any action contrary to subparagraphs (a) (1) through (a) (3) of this provision; and (iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a) (1) through (a) (3) of this provision. (c) If the offeror deletes or modifies subparagraph (a) (2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. 2. 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. (APR 1991) (a) The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, included in this solicitation, are hereby incorporated by reference in paragraph (b) of this certification. (b) The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989 - (1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement; (2) If any funds other than Federal appropriated funds (including profit or fee received under a covered e e- e SECTXON K 233-02-0042 Page 4 of 15 Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the offeror shall complete and submit, with its offer, OMS standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and (3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. (c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure. 3. 52.204-3 Taxpayer Xdentification. (OCT 1998) (a) Definitions. Common parent, as used in this prOV1S1on, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member. Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number. (b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition e e" e SECTION K 233-02-0042 Page 5 of 15 Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract. (c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c) (3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (d) Taxpayer Identification Number (TIN). [X] TIN: 95-6000772 TIN has been applied for. TIN is not required because: [ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [ ] Offeror is an agency or instrumentality of a foreign government; [ ] Offeror is an agency or instrumentality of the Federal Governmen t . (e) Type of organization. Sole proprietorship; Partnership; Corporate entity (not tax-exempt); Corporate entity (tax-exempt); [X] Government entity (Federal, State, or local); [ ] Foreign government; e e e SECTION K 233-02-0042 Page 6 of 15 1 International organization per 26 CFR 1.6049-4; 1 Other (f) Common parent. N/A [ 1 Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision. [ 1 Name and TIN of common parent: Name TIN 4. 52.209-5 Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters. (APR 2001) (a) (1) The Offeror certifies, to the best of its knowledge and belief, that - (i) The Offeror and/or any of its Principals - (A) Are [ 1 are not [Xl presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have [ 1 have not [xl, within the three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; (C) Are [ 1 are not [xl presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a) (1) (i) (B) of this provision; and e e' e SECTl:ON K 233-02-0042 Page 7 of 15 (D) Have [ ] have not [X], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and (E) Are [ ] are not [X] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a) (1) (i) (D) of this provision. (ii) (A) The offeror, aside from the offenses enumerated in paragraphs (a) (1) (i) (A), (B), and (e) of this provision, has [ ] has not [X] within the past three years, relative to tax, labor and employment, environmental, antitrust, or consumer protection laws - (1) Been convicted of a Federal or State felony (or has any Federal or State felony indictments currently pending against them); or (2) Had a Federal court judgment in a civil case brought by the United States rendered against them; or (3) Had an adverse decision by a Federal administrative law judge, board, or commission indicating a willful violation of law. (B) If the offeror has responded affirmatively, the offeror shall provide additional information if requested by the Contracting Officer; and (iii) The Offeror has [ ] has not [X], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) Principals, for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., e e: e SECTION K 233-02-0042 Page 8 of 15 general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions) . This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award. the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render. in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification. in addition to other remedies available to the Government. the Contracting Officer may terminate the contract resulting from this solicitation for default. 5. 52.215-6 Place of Performance. (OCT 1997) (a) The offeror or respondent, in the performance of any contract resulting from this solicitation, [ ] intends. [X] does not intend [check applicable block] to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this 1- e e: e SECTXON K 233-02-0042 Page 9 of 15 proposal or response to request for information. (b) If the offeror or respondent checks intends in paragraph (a) of this provision, it shall insert in the following spaces the required information: Place of Performance (Street Address, City, State, County, Zip Code) Name and Address of Owner and Operator of the Plant or Facility if Other than Offeror or Respondent 6. 52.219-1 Small Business Program Representations. (MAY 2001) Alternate X (OCT 2000) (a) (1) The North American Industry Classification System (NAICS) code for this acquisition is (NA). (2) The small business size standard is (NA). (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is (NA). (b) Representations. (1) The offeror represents as part of its offer that it [ ] is, [x] is not a small business concern. (2) [Complete only if the offeror represented itself as a small business concern in paragraph (b) (1) of this provision.] The offeror represents, for general statistical purposes, that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (3) [Complete only if the offeror represented itself as a small business concern in paragraph (b) (1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a women-owned small business concern. e e' e SECTION K 233-02-0042 Page 10 of 15 (4) [Complete only if the offeror represented itself as a small business concern in paragraph (b) (1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern. (5) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b) (4) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern. (6) [Complete only if offeror represented itself as a small business concern in paragraph (b) (1) of this provision.] The offeror represents, as part of its offer, that - (i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration. and no material change in ownership and control, principal office of ownership, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (b) (6) (i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: .] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. (c) Definitions. As used in this provision - service-disabled veteran-owned small business concern - (1) Means a small business concern - e e e SECTION K 233-02-0042 Page 11 of 15 (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (a) of this provision. Veteran-owned small business concern means a small business concern - (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. Women-owned small business concern means a small business concern - (1) That is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (d) Notice. (1) If this solicitation is for supplies and has e e e SECTION K 233-02-0042 Page 12 of 15 been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished. (2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section B(a), B(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section B(d) for a definition of program eligibility, shall - (i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act. 7. 52.222-22 Previous Contracts and Compliance Reports. (FEB 1999) The offeror represents that - (a) It [ I has, [XI has not participated in a previous contract or subcontract subject the Equal Opportunity clause of this solicitation; (b) It [ I has. [ I has not filed all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors. will be obtained before subcontract awards. 8. 52.222-25 Affirmative Action Compliance. (APR 1984) The offeror represents that - (a) It [XI has developed and has on file. [ I has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and e e e SECTION Jl: 233-02-0042 Page 13 of 15 regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or (b) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. 9. 52.223-13 Certification of Toxic Chemical Release Reporting. (OCT 2000) (a) Submission of this certification is a prerequisite for making or entering into this contract imposed by Executive Order 12969, August 8. 1995. (b) By signing this offer. the offeror certifies that - (1) As the owner or operator of facilities that will be used in the performance of this contract that are subject to the filing and reporting requirements described in section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106), the offeror will file and continue to file for such facilities for the life of the contract the Toxic Chemical Release Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA and section 6607 of PPA; or (2) None of its owned or operated facilities to be used in the performance of this contract is subject to the Form R filing and reporting requirements because each such facility is exempt for at least one of the following reasons: [Check each block that is applicable. ] (i) The facility does not manufacture. process, or otherwise use any toxic chemicals listed under section 313(c) of EPCRA, 42 U.S.C. 11023(c); (ii) The facility does not have 10 or more full-time employees as specified in section 313 (b) (1) (A) of EPCRA, 42 U.S.C. 11023 (b) (1) (A); (iii) The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA. 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CFR e e' e SECTION K 233-02-0042 Page 14 of lS 372.27, provided an appropriate certification form has been filed with EPA); (iv) The facility does not fall within Standard Industrial Classification Code (SIC) major groups 20 through 39 or their corresponding North American Industry Classification System (NAICS) sectors 31 through 33; or (v) The facility is not located within any State of the United States, the District of Columbia, . the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Northern Mariana Islands, or any other territory or possession over which the United States has jurisdiction. 10. P.L. 103-227 The Pro-Children Act of 1994 CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE Public Law 103-227, also known as the Pro-Children Act of 1994 (Act), requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, early childhood development services, education or library services to children under the age of 18, if the services are funded by Federal programs either directly or through State or local governments, by Federal grant, contract, loan, or loan guarantee. The law also applies to children's services that are provided in indoor facilities that are constructed, operated, or maintained with such federal funds. The law does not apply to children's services provided in private residences; portions of facilities used for impatient drug or alcohol treatment; service providers whose sole source of applicable Federal funds is Medicare or Medicaid; or facilities where WIC coupons are redeemed. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. By signing this certification, the offeror/Contractor (for acquisitions) or applicant/grantee (for grants) certifies that the submitting organization will comply with the requirements of the Act and will not allow smoking within e e e ---- SECTXON K 233-02-0042 Page lS of lS any portion of any indoor facility used for the provisions of services for children as defined by the Act. The submitting organization agrees that it will require that the language of this certification be included in any subawards which contain provisions for children's services and that all subrecipients shall certify accordingly. DISClOSURE OF LOBBYING ACTIVITIES Appro..ed k Ol<4l-<Jo.c" NOT APPLICABLE e e e Complele this lonn 10 disclose lobbyin. ICli.ilies pu"ulnllo ]1 U.S.C. 1352 (See reoe"e lor public burden disclosure.) 1. Type 01 Foderal AClion: :L SIIIUI 01 FecI."./ Action: 1 Report Type: 0 J. conlrJct 0 a. bid/oller/lpplication o I. Inil'aI filin. b. ."nl b. lnilll' IWlrd b. mllerial chln.e c. cooperative Ilfeement C. posl.lward For Mllerbl Chlnse Only: d. lOIn e. IOln.luulnlee ycar qUI"er dlle 011..1 report - fo lOIn insurance 4- Nlme Ind Address 01 Reportlns EnlilJ: S. II Report;ns Enllly in No.4 Is Subawllde.. Ehler Name a Prime a Subawardee and Address 01 Prime: ner . if known: , - . Con~re..ional Dillrlc!, if kno.....: Can~ressiorul Dlllr/cl, if known: ,. Foderal DepartmenUAsency: 7. Federal Prosram NamelOescriplion: CFDA Number. if applicable: 8. Foderal Aclion Number. if known: ,. AWlld Amount. if kno.....: S 10. a. Name and Address 01 Lobbyi... Enl~ b. Individuals Perlorn;;:, Senk.. fineludin, add,e.. ,f lif indNiduI/. Ilslname. linl nam.. II: diRe,enl from No. 101 1/111 nlme. r""name. MIl: '.11.... e......"".... Ill.."., SloWoo\. d.........' 11. Amounl 01 PaymenllcMck al/lhal apply): 11 Type 01 Paymen'/check all rho. apply): S a aClual a pllMed a I. retainer a b. one-lime lee 12. Form 01 Paymen. (chIck all rho. applyJ: a c. commission a I. cash a d. conlln.en'/ee a b. in-kind; speclfy: nllure a e. deferred a f. olher; lpedfy: _,Iue 14- Brief Descripllon 01 Senlc.. Performed or '0 be Performed and Daltls' 01 Service. Indudln. olftcerisl, employeell'. or Membens) con.acted. for Paymen'lndlca.ecI in Ilem 11: I,u,d. CMlittwu.,. SltH"" SI-uL.A.. ,I nK.n.-.vl 15. 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'.," f:- .,", _ ~;:t~.h.~\)~~........;;;t..,:.:-~...;:~..._.~.... ~'_.UL - ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 4 -I-ol Item # Vote: Ayes 1-'1 Nays rr Change to motion to amend original documents: - 14 Resolution # c?OOd-1 DO Abstain..-A----- Absent tr- Reso. # On Attachments: L Contract teoo: - Note on Resolution of Attachment stored separately: ==--- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By: NullNoid After: - Date Sent to MayofY' .L\ -3- D :> Date of Mayor's Signature: 4-4--Od Date of Clerk/CDC Signature: -4 .-.if -():l- Reso. Log Updated: Seal Impressed: / V Date r Sent for Signature: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: See Attached: Date Returned: - Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes ,/ No By Yes NO~ By Yes No / By Yes N07 By Yes N07 By Copies Distribut?: City Attorney Parks & Rec. Code Compliance Dev. Services EDA Finance MIS Police .Public Services Water Others: hQ.'!5 Notes: BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: iY'n Date: --\-'ls--oJ.- Revised 01/12/0 I