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HomeMy WebLinkAbout2002 CON Fire Prevention Services - Weed Abatement ServicesAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND FIRE PREVENTION SERVICES, INC. THIS AGREEMENT is entered into this 7TH day of MAY, 2002 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and FIRE PREVENTION SERVICES, INC. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to design and implement a comprehensive nuisance/weed abatement program for the City . WHEREAS, the CITY has determined that the CONTRACTOR is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit 'A' . The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit 'A' to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 25 % from the base amount. Revised 52000 3. PROJECT COORDINATION AND SUPERVISION. Don Condon. Fire Battalion Chief hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Ken Osborn_ thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit 'A' shall not exceed the schedule given in Exhibit 'A' (the Base amount) without prior written authorization from the _Purchasing Agent_. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit 'A' as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. The term of this agreement shall be from the date of execution to September 22, 2003. Unless otherwise terminated as provided herein, this agreement may be extended in one (1) year increments, by mutual agreement of both parties, for up to five (5) additional one year renewal periods. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR assigns to the CITY and thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and 2 Revised 5/2000 disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. The CONTRACTOR is not an employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 3 Revised 5/2000 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its pr fession. Specify the license classification(s) that qualifies you to perform this service: JA Ili- . Submit a copy of this license with your proposal. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. The CITY expects that the CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. The CONTRACTOR warrants to the CITY that it is not now, nor has it been for the five (5) years preceding, involved in arbitration or litigation concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non- discrimination clause. 4 Revised 5/2000 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRAC- TOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: 5 Revised 5/2000 n A. . If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of its employees and volunteers. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of 6 Revised 5/2000 attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or 7 Revised 5/2000 delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: To the CONTRACTOR: Tom G. McCabe City Manager City of National City 1243 National City Boulevard National City, CA 91950 Ken Osborn Fire Prevention Services, Inc. PO Box 2012 Alpine, CA. 91903-2012 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. 8 Revised 5/2000 ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. 9 Revised 5/2000 K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: George H. Waters Mayor APPROVED AS TO FORM: By: /0 go, ..,tar George Eiser, III City Attorney CONTRACTOR: Please check applicable box, and note the numbsyef signatures required: Corporation (two signatures) Partnership (one signature) Sole Proprietorship (o ; signature) By: #1 (Name) By: (Title) (Title) 10 Revised 5/2000 EXHIBIT 'A' 1.0 SCOPE OF WORK The project is more particularly described as : * The design and implementation of a comprehensive nuisance abatement program that will reduce public nuisance, the threat of fire spread, and enforce the requirements of the National City Municipal Code. * The program will include provisions to identify and preserve biological habitat, while maintaining strict adherence to CITY and Fire Department codes and standards. * The CONTRACTOR will perform all noticing, inspections, and follow-up notifications and inspections for all parcels which fall under the jurisdiction of the National city Municipal Code. * Forced abatements shall be performed by the CONTRACTOR, when required. * The CONTRACTOR shall cooperate fully with the CITY when forced abatement upon any parcel is imminent. * The CONTRACTOR shall not proceed with any forced abatement until proper documentation is provided, and a notice to proceed is issued by the CITY. * The CONTRACTOR shall perform billing and collection functions associated with forced abatements, unless other prior arrangements have been made with the CITY. * The CONTRACTOR shall be an authorized representative of the CITY under this program and shall maintain good public relations with all citizens, groups and organizations associated with the project. 1.1 SERVICES PROVIDED BY THE CONTRACTOR The services to be provided by the CONTRACTOR shall consist of, but not be limited to the following : 1.1.1 Cooperate fully with the CITY in performing services in accordance with this agreement, with established codes and standards, and with the intent of what the CITY expects the CON TRACTOR to accomplish. 1.1.2 Visit and thoroughly inspect all parcels in the CITY which fall under the provisions of this agreement. Frequency of inspection shall be determined by subsequent agreement between the CONTRACTOR and the CITY. The CITY may designate high priority areas of the CITY, upon which the CONTRACTOR shall concentrate their efforts until compliance is gained. Any parcels found to be in violation of CITY standards shall be documented by the CONTRACTOR. The 11 Revised 5/2000 CONTRACTOR shall perform all subsequent inspections on the parcel, and notifications of the parcel owner until the parcel is in compliance with CITY standards. 1.1.3 Document and report any parcel inspected by the CONTRACTOR, which contains environmentally sensitive habitat, to the CITY. The report shall contain the parcel number, parcel owner, and type and amount of habitat observed. These parcel owners shall receive special instructions as to how their parcels may be abated in the manner that will cause the least amount of habitat damage. The CONTRACTOR shall maintain computerized records of such parcels and immediate access to those records shall be available to the CITY. 1.1.4 Send a Notice to the owner of any parcel found to be in violation of the National city Municipal Code, and CITY standards. Determination of the owner of any such parcel shall be made from the county assessors last equalized tax roll. The notice shall include the standards the parcel owner is required to meet and the consequences of ignoring the notice and methods of appeal. Additional instructions may be included for parcel owners who have, or believe they may have environmentally sensitive habitat on their parcel. All notices and letters sent to parcel owners shall be approved as to form by the CITY. Any parcels owned by the CITY that are found to be in violation of CITY standards shall be reported to the CITY. 1.1.5 Send a "Final Notice" to any parcel owner who has not complied with the First Notice within a reasonable time frame as defined in the Notice. The Final Notice shall be sent via certified mail, return receipt requested, and shall repeat the abatement instructions, the date of expected compliance, consequences of ignoring the notice, and include instructions to follow once the work is completed. 1.1.6 If parcel owners have not abated the hazard by the time specified in the Final Notice, the parcel will be a candidate for "forced abatement". Full documentation of the process used to reach forced abatement shall be provided to the CITY, including but not limited to, the specific First Notice, the certified mail receipt, the Final Notice, and photographs of the condition of the parcel. When such documentation is provided and the CITY or his/her authorized representative agrees that forced abatement is required, a "Work Order Authorization" shall be submitted by the CONTRACTOR, and shall be signed by the CITY or his/her authorized representative. No forced abatement work shall be performed by the CONTRACTOR until such authorization has been signed by an authorized member of the CITY. 1.1.7 When forced abatement occurs, the CONTRACTOR shall maintain all proper documentation of the job. The documentation shall include all required notices, authorizations, and the date the work was performed, charges accrued by the parcel owner for said work, and photographs of the parcel taken before and after the abatement. 1.1.8 The CONTRACTOR shall bill parcel owners that were subjected to forced abatement at not more than the amounts shown in attached `Schedule of Fees'. The CONTRACTOR shall not change the maximum amount of such fees without prior written consent of the CITY. 12 Revised 5/2000 1.1.9 Furnish all labor, material, equipment, and tools for the inspection, notification, and forced abatement of parcels within CITY. 1.1.10 Respond within three working days, in writing or by telephone, to all complaints and/or inquiries concerning violations of the Municipal Code. Any complaints about work performed by the CONTRACTOR that cannot be resolved by the same shall be directed to the CITY. 1.1.11 Provide the CITY with monthly reports containing monthly and year-to-date information concerning the progress of the program. The report shall contain, but not be limited to, the following information: A. number of first notices sent B. number of final notices sent C. number of parcels forcibly abated D. number of parcels abated by owner E. number of parcels in compliance An authorized representative of the CONTRACTOR shall meet with the CITY, upon request, to discuss the progress of the project or any other issues or concerns which may arise during the term of this agreement. 1.2 SERVICES PROVIDED BY THE CITY The CITY shall provide the following services: 1.2.1 Overall quality assurance of the program by providing written and oral standards and guidelines, reviewing correspondence and documentation, and reviewing citizen comments and complaints. The CITY or an authorized representative shall authorize all forced abatements. 1.2.2 Field inquiries and complaints and forward the information to the CONTRACTOR. 1.2.3 Consultation on issues related to the concerns of the CITY. Assistance with the enforcement of CITY ordinances and/or standards will be provided when necessary. 1.2.4 Provide information concerning both public and private parcels in the CITY which were subject to prior abatement efforts. A list of parcels known or suspected to contain environmentally sensitive habitat will also be provided. 1.2.5 Special Assessments, should CONTRACTOR be unable to collect an amount charged for abatement after attempt by CONTRACTOR and/or CONTRACTOR's collection agency, CONTRACTOR may request a special assessment through the CITY. CITY agrees to impose an assessment after review of CONTRACTOR' s records, CITY shall pay CONTRACTOR upon payment from the tax collectors office. In order to process an assessment, CONTRACTOR shall provide the records required by the CITY. 13 Revised 5/2000 2.0 TIMING REQUIREMENTS Time is of the essence in the performance of work under this agreement and the following timing requirements shall be strictly adhered to unless otherwise modified in writing and agreed to by the CONTRACTOR and the CITY. Failure by the CONTRACTOR to strictly adhere to these timing requirements may result in termination of this agreement by the CITY. 2.1 PHASE I - DESIGN The CONTRACTOR shall complete the design of the nuisance abatement program, as proposed, within ten (10) working days of execution of this agreement. The final design plans shall be submitted to the CITY within the ten day period for review by the CITY. No work shall be performed by the CONTRACTOR beyond the Phase I stage until the CITY has given notice to proceed to Phase II. 2.2 PHASE II - IMPLEMENTATION The CONTRACTOR shall implement the program immediately upon receiving a "Notice to Proceed" from the CITY. Initial inspections and "Notices" shall be sent to all parcels found in violation of the National city Municipal Code. Subsequent inspections and final notifications shall be performed to verify all parcels comply. The program shall then continue on an ongoing, year-round basis and address complaints concerning nuisance abatement. 3.0 CRITERIA AND STANDARDS All work performed under this agreement shall be in accordance with all applicable CITY, State, and Federal laws, codes, ordinances, and standards. In the performance of its services, the CONTRACTOR shall use the degree of care and skill ordinarily exercised by other contractors, under similar conditions. Safety precautions shall be used in all operations including, but not limited to, spark arrestors on all internal combustion engines, a two and one-half gallon pressurized water fire extinguisher, and round point shovel on all tractors, safety shields on mowers and motorized trimmers, and proper clothing, footwear, gloves, and eye protection for laborers when required. Crew supervisors and equipment operators must be qualified, experienced, and able to communicate in the English language, or have a qualified interpreter present. Equipment, tools and vehicles used by the CONTRACTOR shall be in good mechanical condition and are subject to inspection and approval by the CITY prior to acceptance. Operations may be suspended at any time should it be determined that proper safety precautions are not being taken. Precautions shall be taken so that nuisance noise, dust, and waste are not created during abatement. 14 Revised 5/2000 EXHIBIT 'A' CONTINUED... 8. Attorney Services (when required) A. per parcel 9. Miscellaneous Fees A. special inspection fee B. abatement lien C. release of abatement lien D. public notary E. file duplication fee F. unscheduled labor G. unscheduled fees and or material 1. Tractor Mowing A. per parcel, B. per parcel, C. per parcel, D. per parcel, E. per square 2. Discing A. per parcel, B. per parcel, C. per parcel, D. per parcel, E. per square SCHEDULE OF FEES sized 1 to 7,500 square feet sized 7,501 to 15,000 square feet sized 15,001 square feet to 30,000 square feet sized 30,001 square feet to one acre foot over one acre sized 1 to 7,500 square feet sized 7,501 to 15,000 square feet sized 15,001 square feet to 30,000 square feet sized 30,001 square feet to one acre foot over one acre Hand Labor A. per square foot of area abated 4. Dozer Operation A. hourly rate B. move -on fee Debris Removal (includes hauling, burning, and/or chipping) A. per cubic yard of material B. dump fees $200.00 $275.00 $375.00 $425.00 $0.015 $250.00 $325.00 $400.00 $450.00 $0.018 $0.08 $95.00 $95.00 $28.00 (reimbursement of cost) Excavator Brush Cutting Machine (where heavy brush makes it impractical to hand -cut) A. per square foot $250.00 minimum $0.08 Administrative Fee (forced abatement only) A. per parcel $250.00 Statutory (includes documentation & photos) $50.00 $40.00 $40.00 $10.00 $50.00 (per man hour) $50.00 (reimbursement of cost) 10. Fee to the City $ 0 15 � /� DATE (MM/DDIYY) ACORD• CERTIFICATE OF LIABILITY INSURANC IREPRl ` TO /31/02 PRODUCER Teague Insurance Agency, Inc. License #0525512 5550 Baltimore Dr. Suite 100 Mesa CA 91942 Dne:619-464-6851 Fax:619-464-1901 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Fire Prevention Services, Inc P.O. Box 2012 Alpine CA 91903-2012 INSURER A: Penn America Insurance Co. INSURERB: Progressive Companies INSURER : State Fund Workers Comp. INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLR TYPE OF INSURANCE POLICY NUMBER POLICY DATE (MMIDDIIYY) EFFECTIVE POLICY EXPIRATI N DATE (MMIDD/YY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY PAC6240661 04/29/02 04/29/03 EACH OCCURRENCE $1,000,000 X FIRE DAMAGE (Any one fire) $ 100,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL .AGGREGATE $ 2, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: ' PRODUCTS - COMP/OP AGG $ 1, 000, 000 POLICY PRO LOC JECT B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 046403441 05/24/02 05/24/03 COMBINED SINGLE LIMIT (Ea accident) S1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE 1 $ DEDUCTIBLE RETENTION $ $ $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 1670801 04/01/02 04/01/03 X ORY IMITS OER E.L. EACH ACCIDENT $1,000,000 Er DISEASE - EA EMPLOYEE $ 1, 000, 000 E.L. DISEASE -POLICY LIMIT $ 1, 000, 000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate holder is named as additional insured. Job: All Operations of the Named Insured *10 days notice of cancellation for non-payment of the premium CERTIFICATE HOLDER N 1 ADDITIONAL INSURED; INSURER LETTER: CANCELLATION CITYNAT City of National City, its officers, agents, & employees Attn: Purchasing Division 2100 Hoover Avenue National City CA 91950 ACORD 25-S (7/97) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL amoppoNswAL 3 0 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,110106161, /niFialerlilliYlM AUTHORIZED REPRESENTATIVE Teague Insurance D CORPORATION 1988 • POLICY NUMBER: PAC6240661 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: CITY OF NATIONAL CITY, ITS OFFICERS, AGENTS, & EMPLOYEES ATTN: PURCHASING DEPARTMENT 2100 HOOVER AVENUE NATIONAL CITY, CA 91950 (If no entry appears above, information required to complete this endorsement will be shown in the as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization Schedule as an insured but only with respect to liability arising out of your operations or'premises rented to you. Declarations shown in the owned by or CG 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 ❑ • • City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE August 20, 2002 Lk©z.*Li AGENDA ITEM NO. 1 ITEM TITLE Resolution authorizing the renewal of a sole source contract with Fire Prevention Services, for Weed Abatement Services. PREPARED BY DEPARTMENT Brenda . Hodges, C.P.M. EXPLANATION See attached Purchasing CEnvironmental Review X N/A Financial Statement Approved By: No City funds required. See explanation attached. Account No. n / a STAFF RECOMMENDATION In concurrence with the Fire Battalion Chief, the Purchasing Agent recommends that the renewal be granted to Fire Prevention Services. BOARD / COMMISSION RECOMMENDATION n/a ATTACHMENTS ( Listed Below ) Explanation 4/23/02 Letter from Fire Prevention Services Agreement Dated 5/7/02 Resolution Resolution No. 2002-122 A-200 9'991 EXPLANATION Council Resolution #98-120, 9/22/98, awarded a Weed Abatement contract to Fire Prevention Services, as a result of competitive bid #GS9899/1. This contract was for one initial year, with the option to renew for three additional years, and is due to expire on 9/21/02. The novelty of this contract is that it avoids City subsidy. The vendor will provide all services and collect all fees directly from the property owner. We cannot predict the actual amount of service that will be required, but estimates calculated for each type of service amount to about $10,000.00 per year. Contract prices for services that may be required during the course of this contract, and which may be imposed upon a property owner, are set forth in the attached 'Schedule of Fees'. Fire Prevention Services has requested a renewal of the contract for three additional years, with the option to renew for another three years (total of 6 years), based on the fact that they are a sole source provider of this service. The required insurance policies are current, and documents are on file in Purchasing. The Fire Department has been extremely happy with the quality of service provided by Fire Prevention Services, and are therefore in favor of the renewal. RESOLUTION NO. 2002 — 12 2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND FIRE PREVENTION SERVICES, INC. WHEREAS, the City desires to employ a Contractor to design and implement a comprehensive nuisance/weed abatement program for the City; and WHEREAS, the City has determined that Fire Prevention Services, Inc. is qualified by experience and ability to perform the services desired by the City and is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Fire Prevention Services, Inc. for the City's comprehensive nuisance/weed abatement program. Said Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 20th day of August, 2002. George H. ters, Mayor ATTEST: � N � Mich el R. Dalla City Clerk APPROVED AS TO FORM: LAI George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on August 20, 2002, by the following vote, to -wit: Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Zarate, Waters. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California Cit y ty,f National City, California Jerk of the By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2002-122 of the City of National City, California, passed and adopted by the Council of said City on August 20, 2002. City Clerk of the City of National City, California By: Deputy STATE OF CALIFORNIA FIRE PREVENTION CERTIFIED Fire Prevention Services, Inc. April 23, 2002 City of National City General Services Department, Purchasing Division Brenda Hodges 2100 Hoover Ave. National City, CA 91950-6599 Re: Bid No. GS9899/1 Dear Ms Hodges, Pursuant to section 11 of the Special Conditions contained within our contract with the City of National City the final term for our service will be expiring on 9/21/2002. In an effort to minimize any delay in our service, Fire Prevention Services, Inc. Would like to extend the current contract for an additional 3 years with the option to renew for up to 3 additional 3 year terms. The only changes we would purpose are enclosed on the updated schedule of fees. By utilizing this updated schedule, it will keep National City constant with the other 15 agencies we currently serve. Additionally I believe we can keep these prices fixed for the next three years, as we have over the past four years. Some additional information that may be beneficial, prior to our contracts with the Lakeside Fire Protection District and San Miguel Fire Protection District expiring last June they went back out to bid to insure we were still a sole source firm. The result was, we were the only bidder for both Districts, thus we are still a sole source firm for this type of service. It has been a pleasure serving your fine City. Respectfully, Ken Osborn President Fire Prevention Services, Inc. cc: Chief Donald Condon P. O. Box 1720 : El Cajon CA 92022-1720 : (619) 562-1058 : Fax (619) 445-6336 Sent By: ; 999 999 9999; Apr-25-02 B:41AM; Page 2/2 B. C- D. E. F. G. CITY OF NATIONAL CITY new SCHEDULE OF FEES 1. Tractor Mowing A. per parcel, sized 1 to 7,500 square feet B. c. D. E. per parcel, sized 7,501 to 15,000 square feet per parcel, sized 15,001 square feet to 30,000 square feet per parcel, sized 30,001 square feet to one acre per square foot over one acre Discing A per parcel, sized 1 to 7,500 square feet B. per parcel, sized 7,501 to 15,000 square feet C. per parcel, sized 15,001 square feet to 30,000 square feet D. per parcel, sized 30,001 square feet to one acre E. per square foot over one acre $200.00 5275.00 S375.00 S425.00 50.015 S250.00 S325.00 S400.00 S450.00 $0.018 3. Hand Labor A. per square foot of area abated 50.08 4. Dozer Operation A hourly rate B. move -on fee Debris Removal (includes hauling, burning, and/or chipping) A. per cubic yard of material B. dump fees $95.00 $95.00 Ovvoetyox -1- 70 jLL $28.00 -i-H o)114 (reimbursement of cost) 6. Excavator gush Cutting Machine (where heavy brush makes it impractical to hand -cut) A. per square foot S250.00 minimum 50.08 Administrative Fee (forced abatement only) A. per parcel S250.00 { 5Th 8. Attorney Services (when required) A. per parcel Statutory Miscellaneous Fees A. special inspection fee (includes documentation & photos) $50.00 $40.00 $40.00 $10.00 $50.00 (per man hour) $50.00 (reimbursement of cost) abatement hen release of abatement lien public notary file duplication fee unscheduled labor unscheduled fees and or material 10. Fee to the City $0 -4 �5 +5 7LIW aaa anyy� Mar-.ee-un J:5uran; rage 2/:3 CITY OF NATIONAL CITY SCHEDULE OF FEES bid Tractor Mowing A per parcel, sized 1 to 7,500 square feet B. per parcel, sized7,501 to 15,000 square feet C. per parcel, sized 15,001 square feet to 30,000 square feet D. per parcel, sized 30,001 square feet to one acre E. per square foot over one acre piscing A per parcel, sized 1 to 7,500 square feet B. per parcel, sized 7,501 to 15,000 square feet C. per parcel, sized 15,001 square feet to 30,000 square feet D. per parcel, sized 30,001 square feet to one acre E. per square foot over one acre Nand Labor A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee 5. Debris Removal (includes hauling, burning, and/or chipping) A. per cubic yard of material B. dump fees $0.11) 41Sa. $ 28.00 .� (reimbursement of cost) $200.00 $n5.00 $375.00 - $425.00 $ 0.015 $250.00 S325.00 $400.00 - 450.00 $ 0.018 $ 0.08 $ 95.00 S 9500 Excavator -Brush Cutting Machine (where heavy brush makes it impractical to hand -cut) A. per square foot $250.00 minimum $ 008 Administrative Fee (forced abatement only) A. Per Parcel Attorney Services (when required) A. per parcel Miscellaneous Fees A. B. C. D. E. F. G. special inspection fee (includes documentation & photos) abatement lien release of abatement lien public notary file duplication fee unscheduled labor Unscheduled fees and or material $250.00 Statutory $ 50.00 S 40.00 $ 40.00 31000 $ 50.00 (per man hour) $ 50 00 (reimbursement of cost) dz_ua,"' aenu ny; ; aaa aye JU ; mar-ez-un a:DurM; rage otd CJT ' OF NATIONAL --CITY SCHEDULE OF FEES 6'e-�) Trpetor Mo eirA A. per parcel, sized 1 to 7,500 square feet $250.00 13 per parcel, sluff 7,301 to 15,000 square feet $325 00 C per parcel, sized 15,001 square feet to 30.000 square feet $400.00 D per parcel, sized 30,001 square feet to one acre $450.00 E. per square foot over one acre $000.02 Hand Labor A. per square foot of area abated Dgzer Operation A. hourly rate B. mow-o & fec 0.10 $150.00 $150-00 Debris RP -mediation (includes chipping, grinding and/or shredding) A. per cubic yard of material prior to chipping and/or compacting $38.00 R dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) A. per parcel Attorney Services (when appropriate) A. per parcel 7. Assessment fees (includes preparing reports, attending hearings, etc.) A. Cost confirmation fee, per parcel $350.00 $200.00 $275.00 Misoellanoous Fees A special inspection fee $ 50.00 B. abatement lee.. $ 50,00 C. Interest on lien (apr) 10% D. release of abatement lien $ 50.00 E. public notary $ 20.00 F. file dupliction fees $50.00 G. Unscheduled labor per man hour $50.00 H. unscheduled fees (reimburscrn nt of cost) Fees to the City 2005&EaSWy ur Ace. 1* $00.00 vcni ui- 7 _fya 3J j y&UVi mar-d-uo a:5UI'm: Paste 1' 3 Fire -Prevention Services, Inc. 0 STATE OF CALIFORNIA FIRE PREVENTION CERTIFIED NAME . FAX NUMBER # FAX COVER LETTER sk 0-it/Di) FI/Vv1; L /r'f eF /v, DATE; S-�,;1 -06 TOTAL NUMBER OF PAGES (INCLUDING COVER LEITERr rvtESSAGE ‘f9 , 3 _1- r�S PLEASE ADVISE, AS SOON AS POSSIBLE, IF ALL PAGES AREN RECEIVED NOT RC�LI�ED ,Avn-ILW N-4 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND FIRE PREVENTION SERVICES, INC. THIS AGREEMENT is entered into this 7TH day of MAY, 2002 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and FIRE PREVENTION SERVICES. INC. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to design and implement a comprehensive nuisance/weed abatement program for the City . WHEREAS, the CITY has determined that the CONTRACTOR is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit 'A' . The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit 'A' to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 25 % from the base amount. Revised 52000 3. PROJECT COORDINATION AND SUPERVISION. Don Condon, Fire Battalion Chief hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Ken Osborn_ thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit 'A' shall not exceed the schedule given in Exhibit 'A' (the Base amount) without prior written authorization from the Purchasing Agent_. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit 'A'_ as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. The term of this agreement shall be from the date of execution to September 22, 2003. Unless otherwise terminated as provided herein, this agreement may be extended in one (1) year increments, by mutual agreement of both parties, for up to five (5) additional one year renewal periods. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR assigns to the CITY and thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and 2 Revised 5/2000 disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. The CONTRACTOR is not an employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR'S agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR'S obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 3 Revised 5/2000 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its pr fession. Specify the license classification(s) that qualifies you to perform this service: N��i- . Submit a copy of this license with your proposal. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. The CITY expects that the CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. The CONTRACTOR warrants to the CITY that it is not now, nor has it been for the five (5) years preceding, involved in arbitration or litigation concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action -to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non- discrimination clause. 4 Revised 5/2000 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRAC- TOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: 5 Revised 5/2000 n A. . If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of its employees and volunteers. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of 6 Revised 5/2000 attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and Tess any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or 7 Revised 5/2000 delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Tom G. McCabe City Manager City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: Ken Osborn Fire Prevention Services, Inc. PO Box 2012 Alpine, CA. 91903-2012 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. 8 Revised 5/2000 ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. 9 Revised 5/2000 K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: George H. Waters Mayor APPROVED AS TO FORM: By: George Eiser, III City Attorney CONTRACTOR: Please check applicable box, and note the numbe f signatures required: Corporation (two signatures) Partnership (one signature) Sole Proprietorship (on, signature) By: #1 (Name) (Title) 10 Revised tronnn EXHIBIT 'A' 1.0 SCOPE OF WORK The project is more particularly described as : * The design and implementation of a comprehensive nuisance abatement program that will reduce public nuisance, the threat of fire spread, and enforce the requirements of the National City Municipal Code. * The program will include provisions to identify and preserve biological habitat, while maintaining strict adherence to CITY and Fire Department codes and standards. * The CONTRACTOR will perform all noticing, inspections, and follow-up notifications and inspections for all parcels which fall under the jurisdiction of the National city Municipal Code. * Forced abatements shall be performed by the CONTRACTOR, when required. * The CONTRACTOR shall cooperate fully with the CITY when forced abatement upon any parcel is imminent. * The CONTRACTOR shall not proceed with any forced abatement until proper documentation is provided, and a notice to proceed is issued by the CITY. * The CONTRACTOR shall perform billing and collection functions associated with forced abatements, unless other prior arrangements have been made with the CITY. * The CONTRACTOR shall be an authorized representative of the CITY under this program and shall maintain good public relations with all citizens, groups and organizations associated with the project. 1.1 SERVICES PROVIDED BY THE CONTRACTOR The services to be provided by the CONTRACTOR shall consist of, but not be limited to the following : 1.1.1 Cooperate fully with the CITY in performing services in accordance with this agreement, with established codes and standards, and with the intent of what the CITY expects the CONTRACTOR to accomplish. 1.1.2 Visit and thoroughly inspect all parcels in the CITY which fall under the provisions of this agreement. Frequency of inspection shall be determined by subsequent agreement between the CONTRACTOR and the CITY. The CITY may designate high priority areas of the CITY, upon which the CONTRACTOR shall concentrate their efforts until compliance is gained. Any parcels found to be in violation of CITY standards shall be documented by the CONTRACTOR. The 11 Revised 5/2000 CONTRACTOR shall perform all subsequent inspections on the parcel, and notifications of the parcel owner until the parcel is in compliance with CITY standards. 1.1.3 Document and report any parcel inspected by the CONTRACTOR, which contains environmentally sensitive habitat, to the CITY. The report shall contain the parcel number, parcel owner, and type and amount of habitat observed. These parcel owners shall receive special instructions as to how their parcels may be abated in the manner that will cause the least amount of habitat damage. The CONTRACTOR shall maintain computerized records of such parcels and immediate access to those records shall be available to the CITY. 1.1.4 Send a Notice to the owner of any parcel found to be in violation of the National city Municipal Code, and CITY standards. Determination of the owner of any such parcel shall be made from the county assessors last equalized tax roll. The notice shall include the standards the parcel owner is required to meet and the consequences of ignoring the notice and methods of appeal. Additional instructions may be included for parcel owners who have, or believe they may have environmentally sensitive habitat on their parcel. All notices and letters sent to parcel owners shall be approved as to form by the CITY. Any parcels owned by the CITY that are found to be in violation of CITY standards shall be reported to the CITY. 1.1.5 Send a "Final Notice" to any parcel owner who has not complied with the First Notice within a reasonable time frame as defined in the Notice. The Final Notice shall be sent via certified mail, return receipt requested, and shall repeat the abatement instructions, the date of expected compliance, consequences of ignoring the notice, and include instructions to follow once the work is completed. 1.1.6 If parcel owners have not abated the hazard by the time specified in the Final Notice, the parcel will be a candidate for "forced abatement". Full documentation of the process used to reach forced abatement shall be provided to the CITY, including but not limited to, the specific First Notice, the certified mail receipt, the Final Notice, and photographs of the condition of the parcel. When such documentation is provided and the CITY or his/her authorized representative agrees that forced abatement is required, a "Work Order Authorization" shall be submitted by the CONTRACTOR, and shall be signed by the CITY or his/her authorized representative. No forced abatement work shall be performed by the CONTRACTOR until such authorization has been signed by an authorized member of the CITY. 1.1.7 When forced abatement occurs, the CONTRACTOR shall maintain all proper documentation of the job. The documentation shall include all required notices, authorizations, and the date the work was performed, charges accrued by the parcel owner for said work, and photographs of the parcel taken before and after the abatement. 1.1.8 The CONTRACTOR shall bill parcel owners that were subjected to forced abatement at not more than the amounts shown in attached `Schedule of Fees'. The CONTRACTOR shall not change the maximum amount of such fees without prior written consent of the CITY. 12 Revised 5/2000 1.1.9 Furnish all labor, material, equipment, and tools for the inspection, notification, and forced abatement of parcels within CITY. 1.1.10 Respond within three working days, in writing or by telephone, to all complaints and/or inquiries concerning violations of the Municipal Code. Any complaints about work performed by the CONTRACTOR that cannot be resolved by the same shall be directed to the CITY. 1.1.11 Provide the CITY with monthly reports containing monthly and year-to-date information concerning the progress of the program. The report shall contain, but not be limited to, the following information: A. number of first notices sent B. number of final notices sent C. number of parcels forcibly abated D. number of parcels abated by owner E. number of parcels in compliance An authorized representative of the CONTRACTOR shall meet with the CITY, upon request, to discuss the progress of the project or any other issues or concerns which may arise during the term of this agreement. 1.2 SERVICES PROVIDED BY THE CITY The CITY shall provide the following services: 1.2.1 Overall quality assurance of the program by providing written and oral standards and guidelines, reviewing correspondence and documentation, and reviewing citizen comments and complaints. The CITY or an authorized representative shall authorize all forced abatements. 1.2.2 Field inquiries and complaints and forward the information to the CONTRACTOR. 1.2.3 Consultation on issues related to the concerns of the CITY. Assistance with the enforcement of CITY ordinances and/or standards will be provided when necessary. 1.2.4 Provide information concerning both public and private parcels in the CITY which were subject to prior abatement efforts. A list of parcels known or suspected to contain environmentally sensitive habitat will also be provided. 1.2.5 Special Assessments, should CONTRACTOR be unable to collect an amount charged for abatement after attempt by CONTRACTOR and/or CONTRACTOR's collection agency, CONTRACTOR may request a special assessment through the CITY. CITY agrees to impose an assessment after review of CONTRACTOR's records, CITY shall pay CONTRACTOR upon payment from the tax collectors office. In order to process an assessment, CONTRACTOR shall provide the records required by the CITY. 13 Revised 5/2000 2.0 TIMING REQUIREMENTS Time is of the essence in the performance of work under this agreement and the following timing requirements shall be strictly adhered to unless otherwise modified in writing and agreed to by the CONTRACTOR and the CITY. Failure by the CONTRACTOR to strictly adhere to these timing requirements may result in termination of this agreement by the CITY. 2.1 PHASE I - DESIGN The CONTRACTOR shall complete the design of the nuisance abatement program, as proposed, within ten (10) working days of execution of this agreement. The final design plans shall be submitted to the CITY within the ten day period for review by the CITY. No work shall be performed by the CONTRACTOR beyond the Phase I stage until the CITY has given notice to proceed to Phase II. 2.2 PHASE II - IMPLEMENTATION The CONTRACTOR shall implement the program immediately upon receiving a "Notice to Proceed" from the CITY. Initial inspections and "Notices" shall be sent to all parcels found in violation of the National city Municipal Code. Subsequent inspections and final notifications shall be performed to verify all parcels comply. The program shall then continue on an ongoing, year-round basis and address complaints concerning nuisance abatement. 3.0 CRITERIA AND STANDARDS All work performed under this agreement shall be in accordance with all applicable CITY, State, and Federal laws, codes, ordinances, and standards. In the performance of its services, the CONTRACTOR shall use the degree of care and skill ordinarily exercised by other contractors, under similar conditions. Safety precautions shall be used in all operations including, but not limited to, spark arrestors on all internal combustion engines, a two and one-half gallon pressurized water fire extinguisher, and round point shovel on all tractors, safety shields on mowers and motorized trimmers, and proper clothing, footwear, gloves, and eye protection for laborers when required. Crew supervisors and equipment operators must be qualified, experienced, and able to communicate in the English language, or have a qualified interpreter present. Equipment, tools and vehicles used by the CONTRACTOR shall be in good mechanical condition and are subject to inspection and approval by the CITY prior to acceptance. Operations may be suspended at any time should it be determined that proper safety precautions are not being taken. Precautions shall be taken so that nuisance noise, dust, and waste are not created during abatement. 14 Revised 5/2000 EXHIBIT 'A' CONTINUED... SCHEDULE OF FEES Tractor Mowing A. per parcel, sized 1 to 7,500 square feet $200.00 B. per parcel, sized 7,501 to 15,000 square feet $275.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $375.00 D. per parcel, sized 30,001 square feet to one acre $425.00 E. per square foot over one acre $0.015 2. Discing A. per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. per square foot over one acre $0.018 3. Hand Labor A. per square foot of area abated $0.08 4. Dozer Operation A. hourly rate $95.00 B. move -on fee $95.00 Debris Removal (includes hauling, burning, and/or chipping) A. per cubic yard of material $28.00 B. dump fees (reimbursement of cost) 6. Excavator Brush Cutting Machine (where heavy brush makes it impractical to hand -cut) A. per square foot $250.00 minimum $0.08 7. Administrative Fee (forced abatement only) A. per parcel Attorney Services A. per parcel (when required) $250.00 Statutory Miscellaneous Fees A. special inspection fee (includes documentation & photos) $50.00 B. abatement lien $40.00 C. release of abatement lien $40.00 D. public notary $10.00 E. file duplication fee $50.00 F. unscheduled labor (per man hour) $50.00 G. unscheduled fees and or material (reimbursement of cost) 10. Fee to the City $ 0 15 STATE OF CALIFORNIA FIRE PREVENTION CERTIFIED Fire Prevention Servic es, Inc. April 23, 2002 City of National City General Services Department, Purchasing Division Brenda Hodges 2100 Hoover Ave. National City, CA 91950-6599 Re: Bid No. GS9899/1 Dear Ms Hodges, Pursuant to section 11 of the Special Conditions contained within our contract with the City of National City the final term for our service will be expiring on 9/21/2002. In an effort to minimize any delay in our service, Fire Prevention Services, Inc. Would like to extend the current contract for an additional 3 years with the option to renew for up to 3 additional 3 year terms. The only changes we would purpose are enclosed on the updated schedule of fees. By utilizing this updated schedule, it will keep National City constant with the other 15 agencies we currently serve. Additionally I believe we can keep these prices fixed for the next three years, as we have over the past four years. Some additional information that may be beneficial, prior to our contracts with the Lakeside Fire Protection District and San Miguel Fire Protection District expiring last June they went back out to bid to insure we were still a sole source firm. The result was, we were the only bidder for both Districts, thus we are still a sole source firm for this type of service. It has been a pleasure serving your fine City. Respectfully, Ken Osborn President Fire Prevention Services, Inc. cc: Chief Donald Condon P. O. Box 1720 : El Cajon CA 92022-1720 : (619) 562-1058 : Fax (619) 445-6336 Sent Bv: ; 999 999 9999; Apr-25-02 9:41AM; Page 2/2 CITY OF NATIONAL CITY new SCHEDULE OF FEES 1 Tractor Mowing A. per parcel, sized 1 to 7,500 square feet 3. 4. B. C. D. E. per parcel, sized 7,501 to 15,000 square feet per parcel, sized 15,001 square feet to 30,000 square feet per parcel, sized 30,001 square feet to one acre per square foot over one acre Nita/ A. per parcel, sized 1 to 7,500 square feet B. per parcel, sized 7,501 to 15,000 square feet C. per parcel, sized 15,001 square feet to 30,000 square feet D. per parcel, sized 30,001 square feet to one acre E. per square foot over one acre $200.00 $275.00 $375.00 $425.00 $0.015 $250.00 $325.00 $400.00 $450.00 $0.018 Hand Labor A. per square foot of area abated $0.08 Dozer Operation A. hourly rate B. move -on fee 5. Debris Removal (includes hauling, burning, and/or chipping) A. per cubic yard of material B. dump fees $95.00 $95.00 (FiNs=cy, -20 +ZA $28.0010)14 (reimbursement of cost) 6. Excavator Brush Cytting Machine (where heavy brush makes it impractical to hand -cut) A. per square foot $250.00 minimum $0.08 7. Administrative Fee (forced abatement only) A. per parcel $250.00 + 5I 8. Attorney Services (when required) A. per parcel Statutory 9. Miscellaneous Fees A. B. c. D. E. F. G. special inspection fee (includes documentation & photos) $50.00 abatement lien release of abatement lien public notary file duplication fee unscheduled labor unscheduled fees and or material 10. Fee tQ the City $40.00 $40.00 $10.00 $50-00 (per man hour) $50.00 (reimbursement of cost) $0 —4 + 5 +, Sent try: ; 999 999 9999; Mar-22-Ub :i:SUPM; Page 2l:3 CITY OF 1VATIONAL CITY SCHEDULE OF FEES 61(1 Tractor Mowing A. per parcel, sized 1 to 7,500 square feet B. per parcel, sized 7,501 to 15,000 square feet C. per parcel, sized 15,001 square feet to 30,000 square feet D. per parcel, sized 30,001 square feet to one acre E per square foot over one acre Aiscing A. per parcel, sued 1 to 7,500 square feet B. per parcel, sized 7,501 to 15,000 square feet C. per parcel, sized 15,001 square feet to 30,000 square feet D. per parcel, sized 30,-001 square feet to one acre E. per square foot over one acre Eland Labor A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee $200.00 $27,.00 $375.00 $425.00 $ 0.015 $250.00 $325.00 $400.00 $450.00 $ 0.018 $ 0.08 $ 95.00 $ 95 00 5. Debris Removal (includes hauling, burning, and/or chipping) A. per cubic yard of material $ 28.00 B dump fees (reimbursement of cost) 5. ExcavatofBwsh Cutting Machine (where heavy brush makes it impractical to hand -cut) A. per square foot S250.00 minimum $ 0,08 Administrative Fee (forced abatement only) A. Per Parcel Attorney Services (when required) A per parcel 9. Miscellaneous Fees A. special inspection fee (includes documentation & photos) B. abatement lien C. D. E. F. G. release of abatement lien public notary file duplication fee unscheduled labor Unscheduled fees and or material $250,00 Statutory $ 50.00 $ 40.00 $ 40.00 $-10,00 $ 50.00 (per man hour) $ 50 00 (reimbursement of cost) eir SO. ID 4zoo,— Sent By: ; 999 999 9999; Mar- 22-oti a:buvM; rage CITY OF NATIONAL CITY SCHEDULE OF FEES 61e-i> Tra4tor, Mowing A. per parcel, sized 1 to 7,500 square feet B. per parcel, sized 7,501 to 15,000 square fret C per parcel, sized 15,001 square feetto 30,000 square feet D. per parcel, sized 30,001 square feet to one acre E. per square foot over one acre Hand Labor A. per square foot of area abated 3. Dozer Operation A. hourly rate B. move -on fcc $250.00 $325.00 $400.00 $450,00 $000.02 $ 0.10 $150.00 S 150.00 Debris Remediation (includes chipping, grinding and/or shredding) A. per cubic yard of material prior to chipping and/or compacting $38.00 13 dump fees (reimbursement of coat) 5. Administrative Fee A. per parcel Attorney Services A. per parcel (failure to comply by deadline of notice) (when appropriate) 7 Assessment fiats (includes preparing reports, attending hearings, etc.) A. Cost confirmation fee, per parcel Mi_soellanoous Fees $3 50.00 $200.00 $275.00 A. special inspection fee $ 50.00 B. abatement lien S 50.00 C Interest on lien (apr) 10% D. release of abatement lien. $ 50.00 E. public notary S 20.00 F. file dupliction fees $50.00 G. Unscheduled labor per man hour $50,00 H. unscheduled fees (reimbursemsot of cost) Fees to the Citv 2006 &6clullcur Pas .p $00.00 sent 3y: ; Mar -.22-Ufa :i:5OPM; Page 1/3 Fire Prevention Services, Inc. NAME: FAX NUMBER f. FIRM: DATE; FROM. NAME STATE OF CAUrOR NIA FIRE PREVENTION CERT]FIEO FAX COVER t.ETTER c5R iviDA o,Deeir 6/7 334. 41,59 C iry of -tea -- TOTAL NUMBER OF PAGES (INCLUDING COVER 7TTER/ MESSAGE: 7-ge"_24`✓ Nil 3 PLEASE ADVISE, AS SOON AS POSSIBLE, IF ALL PAGES ARE NOT RECEIVE Lihdotp City of National City Office of the City Clerk 1243 National City Boulevard, National City, California 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 August 22, 2002 Mr. Ken Osborn Fire Prevention Services Inc PO Box 2012 Alpine CA 91903-2012 Dear Mr. Osborn, On August 20, 2002, Resolution No. 2002-122 was passed and adopted by the City Council of the City of National City, authorizing the Mayor to execute an agreement by and between the City of National City and Fire Prevention Services, Inc. We are hereby enclosing the above referenced Resolution and agreement. Michael R. Dalla, CMC City Clerk MRD/mla Enclosure cc: Purchasing it .io sOS t)t► a•$V File No. C98-30/402-3-4 ® Recycled Paper