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Item 02 - Department of Toxic Substances Control Standard Voluntary Agreement
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Item 02 - Department of Toxic Substances Control Standard Voluntary Agreement
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8/17/2023 5:19:44 PM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
2
Date
7/20/2021
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<br />4 <br />5.13.2021Standard Voluntary Agreement Model July 30, 2020, <br />Version Update February 22, 2021 <br />11. Record Preservation. Proponent shall retain, during the implementation of <br />this Agreement and for a minimum of six years after its termination, all data, reports, <br />and other documents that relate to the performance of this Agreement. If DTS C <br />requests that some or all of these documents be preserved for a longer period of time, <br />Proponent shall either comply with the request, deliver the documents to DTSC, or <br />permit DTSC to copy the documents at Proponent’s expense prior to destruction. <br />12. Notification of Field Activities. Proponent shall inform DTSC at least <br />seven days in advance of all field activities pursuant to this Agreement and shall allow <br />DTSC and its authorized representatives to take duplicates of any samples collected by <br />Proponent pursuant to this Agreement. <br />13. Project Managers. Within 14 days of the effective date of this Agreement, <br />DTSC and Proponent shall each designate a Project Manager and shall notify each <br />other in writing of the Project Manager selected. The Proponent's Project Manager shall <br />have the technical expertise in project management, regulatory compliance, and <br />hazardous substance site investigation and remediation sufficient to fulfill his or her <br />responsibilities. Each Project Manager shall be responsible for overseeing the <br />implementation of this Agreement and for designating a person to act in his/her <br />absence. All communications between DTSC and Proponent, and all notices, <br />documents and correspondence concerning the activities performed pursuant to this <br />Agreement shall be directed through the Project Managers. Each party may change its <br />Project Manager with at least seven days prior written notice. <br />14. Proponent’s Consultant and Contractor. All engineering work performed <br />pursuant to this Agreement shall be under the direction and supervision of a registered <br />professional engineer licensed in California, with expertise in hazardous substance site <br />investigation and remediation. All geological work performed pursuant to this <br />Agreement shall be under the direction and supervision of a registered professional <br />geologist licensed in California, with expertise in hazardous substance site investigation <br />and remediation. Proponent's contractors and consultants shall have the technical <br />expertise sufficient to fulfill his or her responsibilities. Within 14 days of the effective <br />date of this Agreement, Proponent shall notify DTSC’s Project Manager in writing of the <br />name, title, and qualifications of the registered professional engineer and/or <br />professional geologist and of any contractors or consultants and their personnel to be <br />used in carrying out the work under this Agreement in conformance with applicable <br />state law, including but not limited to, Business and Professions Code sections <br />6735 and 7835. <br />15. DTSC Review and Approval. All work performed pursuant to this <br />Agreement is subject to DTSC’s review and approval. If DTSC determines that any
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