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HomeMy WebLinkAbout2008 CON California Highway Adoption Company - Litter Removal Paradise CreekPASSED Ai) :,DOPTED ; y the City Council of the City of 7 :atCity, i _y, California, this,."-- ,� dayof �' / / , 1935, r theby following vote, to wit: AYES: Fessrnan, Heck, Hollingsworth, Jensen. Hodge i;:ir, SNone : ADSE:'T: None it L L:]S .: �]] -i T 7- h-t2Y O(�F ,� 41 CITY, : .l O1 1_y �. � __ VL- 1!L 1�-01::LL li_11 CITY ' 'TCLERK i hereby approve the forec;oinc, Ordinance this 2 ay of ,/` , 1955. >� t- - MLIFOR:IIA I hereby certify that the above and forenoin r is a full and true copy of Ordinance _.`O. of the Ordinances of the City of ilational City, California, as ado)ted by the City Council of said City and approved by the _:ayor of said City, on the day of , 1959. ('11- rn r I 1' i1S l.1_1 1 11i1 .a '..1tL_i 0 R= 01D1:11L 2 I O. 892 $'T )1 I T'rri 'LIE n-r.l•.� F `•.!m-n. 7T l r'nr t..0 O J_I: -i .. 'Jr.I .�,.,r-, CITY OF .trl_i,.1,rL., ', _ 1 lii� _'•'DIy;�;v ORD I.iAi•jC�J iO. 750 3Y ADDING 1, 1,i1.., LV UL_LI il .U, ,iO'I lit VJ Irt�[7 i�LJVl'. 1'. la 07 ii :CC -i .). ryrt r-. till1IO: " 7_ERL1iS, pursuant to the terms and provisions of the Con- servation and Planning Act, as (mended, and pursuant to the terms and provisions of Ordinance ...o. 750 of the City of National City, the Planning Coinsaission did initiate proceedings for the re- ;oningr of certain portions of the land hereinafter described, and as to certain other portions of said land hereinafter described the City Council of the City of-iaiional l:i ty did initiate proceedings for the re -zoning of said lands, and ..- ?:,;_lip, Pursuant to due and legal notice hearings were held City Planning Commission of said City on the 9th day of 1055, and on the - l3th day of June, 1055, and by the City Council of sal ' City on the lith day of August, 1955, and re-zo_ning, and •.1 J1 r,�1:J, it was found that no proceedings were filed against the Gi t,' Planning Commission of said City has reg- ularly ularly and duly certified to the City Council its report and has recoar vended such re -zoning, _'iy'E ORE, the City Council of the City of ;,ational City, California, does ordain as follows: SE�=IO:i:1: Section 4.8 is hereby added to Ordinance .o. 750 and shall read as follows: Section That notwithstanding anything to the contrary in Section = of this Ordinance, there is hereby established and adopted: (A) An R-1 zone :or all that certain prop- erty situated in the City of National City, California known as ":_cCorr.ack Annexation", which is more .particularly described in Ordinance :;o. 874 of Ord- inances of the City of iational City, and which said description contained in said Ordinance ;: o. 674 is hereby made a part _hereof, the same as though set for n at length. Pf 'S D ADOPTED by the City Council o: the City of rational City, Cali fornia, this -' j day of I , 1955, the followin• r vote, to wit: Fessman, Heck, Hollingsworth, Jensen, Hodge None None 1.1_' OR OF l_J-. CIT OF iJk1;_IO:'.AL CITY, CALIFORiiIA 4717ES - : _u I hereby approve the foregoing , 1955. Ordinance this Y . r 7•3 -) F -••cry+ JA :11_ P. Ot 1_L 1. � 1 _ 1•lt 1.L1O:'tu, CITY, C_yLIrO_ZITI __L I hereby certify that the above and foregoing_ is a full and true copy of Ordinance i:o. of the Ordinances of the City of :rational City, California, as adopted by the City Council of said City and ar-proved by the i.:ayor of said City, on the day of , 1955. CI`."Y CLERK OP `iiL% CITY Or :!AiI01,;A CITY, ,y -, , O�,:IA ORDINANCE NO. 893 AN ORDINANCE REGULATING THE CONSTRUCTION, MAINTENANCE, SANITATION AND CONDUCT OF TRAILER PARKS IN THE CITY OF NATIONAL CITY, CALIFORNIA The City Council of the City of National City, California, does ordain as fol- lows: SECTION 1. All auto and trailer parks within the City of National City shall conform to the Electrical, Fire, Health, Building, Plumbing and Zoning Ordinances of the City of National City, as amended, except as hereinafter specified. SECTION 2. DEFINITIONS: (a) For the purpose of this Ordinance, certain words and phrases are defined as follows, and certain provisions shall be construed as herein set forth, unless it shall be apparent from the context that they have a different meaning. (b) Words used in the singular include the plural, and the plural the singular. Words used in the present tense include the future. 1. "Trailer Coach" means any camp car, trailer or other vehicle, with or with- out motive power, designed and constructed to travel on the public thoroughfares at the maximum allowable speed limit and in accordance with the provisions of the California Motor Vehicle Code, and designed or used for human habitation. "Trailer" also means "Trailer Coach". 2. "Auto and Trailer Park" means any area or tract of land where space is occupied or rented or held out for rent to one or more users or owners of trailer coaches, or where free parking is permitted owners or users of trailer coaches for the purpose of securing their trade. Wherever the term "Trailer Park" is used in this ordinance it shall mean "Auto and Trailer Park". 3. "Trailer Site" means any portion of an auto and trailer park designed for the use or occupancy of one trailer coach or camping party. 4. "Approved", when used in connection with any material, appliance or con- struction, means meeting the requirements and approval of the Building Department of the City of National City. 5. "Building" means public toilets, public baths, laundry rooms, or other structures and includes a compartment containing a toilet or bath, or both, construc- ted for the exclusive use of an occupant of a trailer site. 6. "Liquified Petroleum Gas" means petroleum hydrocarbons or mixtures thereof, in liquid or gaseous state, having a vapor pressure in excess of twenty-six (26) P. S. I. at a temperature of one hundred (100) degrees F. Whenever the symbol "LPG" is used, it shall mean "Liquified Petroleum Gas". SECTION 3. ENFORCEMENT. It shall be the duty of the Building Inspector and the Building Department to enforce all of the provisions of this ordinance, and for the purpose of securing enforcement thereof the Building Inspector, or any of his duly authorized representatives, or the Health Officer of the City of National City, is hereby empowered to enter private property to determine if a trailer park exists and further empowered to enter upon the premises of any auto trailer park now operating or which may hereafter be operating within the City of National City to inspect the same and all accommodations connected therewith. SECTION 4. LICENSE AND LICENSE FEE. It shall be unlawful for any person, firm, partnership or corporation either for himself or itself or for any other per- son, firm, partnership or corporation within the city limits of the City of National City to own or operate an auto and trailer park until he or it first obtains the permits required by this ordinance and also obtains a license therefor and pays an annual license fee of $2540 per year for each trailer park, and $4.00 per year for each trailer space in said park. Licenses hereunder issued shall be issued on a calendar year basis and shall be issued for no less than one calendar year. All licenses shall be paid for in advance, and no rebate given for an unused portion of the term. For new auto and trailer parks, the license fee for the first year shall be apportioned as follows: Three -fourths of the annual fee where the auto and trailer park is commenced and open for business between the first day of April and the thirtieth day of June. One-half of the annual fee where the auto or trailer park is commenced between the first day of July and the thirtieth day of September and one-fourth of the annual fee where the auto or trailer park is commenced between the first day of October and the thirty-first day of December. In the event additional trailer sites are added to an existing park, the above fee for each trailer site shall be paid for the balance of the year and for each succeeding year in the manner and amount above mentioned before the same are offered for rental. If the licenses in this ordinance provided for shall not be paid on or before the fifteenth day of the month following the date when they shall become due, then a penalty of twenty-five percent (25%) of the license due and payable shall be added thereto and no license shall be issued until such penalty has been paid. The provisions of this Ordinance shall be effective for the whole of the calendar year. SECTION 5. PERMIT TO LOCATE A TRAILER PARK. No trailer park hereafter estab- lished shall be located within the City of National City until the location thereof is approved by the Planning Commission of said City in the following manners (a) The person desiring to locate and operate an auto and trailer park in said City shall file an application therefor with the Planning Commission. Said applica- tion shall be accompanied by: 1. Four copies of a true legal description of the grounds upon which the auto and trailer park is to be constructed and a plot plan showing the trailer sites and locations of any buildings; complete plans and specifications of the proposed construction and a description of the water supply, ground drainage and sewage dis- posal. (b) Said application shall be accompanied by a filing fee of $50.00. (c) Upon receipt of such application, the Planning Commission shall fix a time and place for the holding of a public hearing thereof. Notice of such hearing shall be given by at least one publication in a newspaper of general circulation in the City of National City. Such notice shall state the time when the petition will be heard by the Planning Commission, which shall be not less than ten (10) days from the date of the publication. At the time of the hearing of said application, the Planning Commission may hear anyone appearing for the purpose of approving or objecting to the granting of the application. No permit shall be granted unless the Planning Commission, by a majority vote of its members, or the City Council on appeal, shall find, from the evidence pre- sented, all of the following facts to be true: 1. That the land is zoned for the proposed use or a zone variance had been duly obtained and is in full force and effect; 2. That the operation and maintenance of a trailer park would not undully interfere with the enjoyment of adjacent property devoted to existing residential use; 3. That the proposed use would not result in dangerous automobile traffic congestions; 4. That the proposed use would not be materially detrimental to the public welfare or injurious to the property and property improvements in the immediate neighborhood; 5. That it appeared, and on the express condition that all of the provi- sions of this ordinance would be complied with. Any person wishing to appeal the action of the Planning Commission shall so notify the Commission in writing of such action within ten (10) days after the Commission's approval or rejection of the application. The Planning Commission with- in fifteen (15) days after receipt of notice of appeal shall communicate its findings and recommendations regarding said application to the City Council. The City Council shall thereupon publically hear and finally and conclusively determine whether or not such application shall be granted and whether the above mentioned facts are true, giving such notice of the hearing upon said application as it deems proper. Upon granting of approval by either the Commission or the City Council, the Building Department shall be so notified in writing and shall issue a building permit after receipt of application, plan and specifications as required herein. SECTION 6. EXPIRATION OF BUILDING PERMIT. All permits required in this ord- inance for construction of an auto and trailer park shall automatically expire if one hundred and eighty (180) days have passed from the date of the issuance thereof and the start of construction and if thereafter construction is not pursued with reasonable diligence to conclusion, provided, however, that the Building Department may before said period of one hundred and eighty (180) days has passed extend the expiration date of said permit for a reasonable time. SECTION 7. LICENSE. Upon the completion of any such trailer park, and prior to the use thereof, the owner or operator of the trailer park shall procure the license required by Section 4 of this ordinance. The Building Department shall first make a final inspection of the trailer park referred to in said application, and if it is found to be in conformity with the requirements of this and all other ordinances of the City of National City and the laws of the State of California, said license shall be issued. SECTION 8. EXISTING TRAILER PARKS. The owner or operator of an auto and trailer park in existence in the City of National City upon the effective date of this ordi- nance shall, within sixty (60) days following the effective date of this ordinance, make application in writing for a license to occupy or maintain a trailer park, accompanied by a description of the grounds upon which buildings are situated and a plot plan showing each trailer site and the location of all buildings. SECTION 9. DISPOSITION OF MONIES COLIECTtu: All monies received under the provisions of this ordinance shall be paid into the City Treasury and credited to the General Fund. SECTION 10. SUSPENSION AND REVOCATION. Whenever it is found that any trailer park is not being conducted in conformity with the provisions of this ordinance, or any other pertinent ordinances of the City of National City, or the laws of the State of California, the license to operate same shall be subject to revocation or suspension by the City Council in the following manner, to -wit: a. Upon failing to comply with any provision of this ordinance, after receiv- ing a notice in writing from the Building Department setting forth the violation, a notice shall be served by the Building Department on the person holding said license, ordering him to appear before the City Council at a day and hour therein specified, not less than fifteen (15) days after the service of said notice on such license holder, and requiring him to show cause at said time and place why said license should not be revoked or suspended. b. The notice shall be sent by registered mail, postage prepaid, return re- ceipt requested, to the person or persons owning or operating said trailer park as such person's names and addresses appear on the latest equalized assessment roll or as otherwise known to the Building Department. A copy of said notice shall also be posted conspicuously upon the premises of the trailer park alleged to be in viola- tion of this or any other ordinance of said City or the laws of the State of Califor- nia. The representatives of the Building Department, upon giving notice as aforesaid shall file an affidavit thereof with the Clerk of said City certifying to the time and the manner in which said notice was given. There shall also be filed therewith any receipt cards which may have been returned in acknowledgement to the receipt of such notices by registered mail. At the time and place mentioned in said notice, the person holding said license may appear in person or be represented by counsel, and introduce such evidence as he may desire and the Building Department shall con- front said license holder with such charges that said Department may have against him, and after said hearing the City Council may revoke or suspend the license if the Council determines from the evidence presented that the charges are true. Continued operation after notice of suspension or revocation shall be considered a violation of this ordinance. SECTION 11. TRANSFER OF LICENSE. The transfer of a license to operate or maintain a trailer park may be permitted upon the written application of the new owner or operator of the trailer park to the Building Department, accompanied by a fee of $25.00. Within ten (10) days after the receipt of application for transfer, the Building Department shall inspect the trailer park and if found to be in com- pliance with this ordinance, the transfer will be permitted. If found to be in violation, the owner shall correct the violation within thirty (30) days after receiving notice thereof. SECTION 12. GENERAL RESTRICTIONS. (a) It shall be unlawful for any person owning or operating an auto and trail- er park, to use or cause or permit to be used for occupancy: 1. Any trailer coach from which any tire or wheel has been removed, except for the purpose of making emergency repairs. 2. Any trailer coach to which are attached any rigid water, gas or sewer pipes; provided, however, that approved metal tubing not to exceed one-half inch inside diameter may be used for water and gas. 3. Any trailer coach which is permanently attached with underpinning or foundation to the ground. 4. Any trailer coach which does not conform to the requirements of the California State Motor Vehicle Code governing the use of trailers on public highways. 5. Any trailer coach which is in an insanitary condition. 6. Any trailer coach which is structurally unsound and does not protect its inhabitants against the elements. (b) No buildings or structures shall be permitted on any trailer site; pro- vided, however, that an awning of fire resistant material, as approved by the Fire Chief of the City of National City, shall be permitted that is not enclosed or subject to enclosure on one-half of one side vertically and further provided that such semi -enclosure shall not exceed seventy (70) square feet in area. SECTION 13. RENTING PROHIBITED. It shall be unlawful for any person owning or operating an auto and trailer park to rent as lessor or hold out for rent any trailer coach in an auto and trailer park. SECTION 14. TENTS PROHIBITED. No tents may be erected or occupied in an auto trailer park. SECTION 15. PARKING TRAILER COACHES. It is unlawful to use a trailer for living or sleeping purposes except when parked within a licensed trailer park. SECTION 16. PARKING ON CITY STREETS. It is unlawful to camp over night or to park a trailer coach over night upon any portion of the right of way of any public street or alley. This provision shall not apply where a trailer coach is parked for the purpose of making emergency repairs. SECTION 17. TRAILER SITES. (a) Each trailer site in an auto and trailer park shall not be less than one AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CALIFORNIA HIGHWAY ADOPTION COMPANY THIS AGREEMENT is entered into this 17th day of September, 2008, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and CALIFORNIA HIGHWAY ADOPTION COMPANY, a CONTRACTOR. RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide litter removal from Paradise Creek. 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 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Barbara A. Tipton 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. Jennifer Decker thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be as described in Exhibit "A". 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. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONTRACTORCONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance andor the compensation payable to the CONTRACTORCONSULTANT in this Agreement, the City or the CONTRACTORCONSULTANT shall give to the other written notice. Within ten (10) business days, the CONTRACTORCONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance andor the compensation payable to the CONTRACTORCONSULTANT. 6. LENGTH OF AGREEMENT. Completion date is June 30, 2009. 7. 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 hereby assigns to the CITY and CONTRACTOR 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 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. 2 City's Standard Agreement — June 2008 revision 8. 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. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, 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. 9. 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. 10. 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 pursuant to this Agreement. 11. 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 profession. 12. 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 CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. 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 andor the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or 3 City's Standard Agreement — June 2008 revision litigation proceedings 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. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall 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. 14. 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 CONTRACTOR 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. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and 4 City's Standard Agreement — June 2008 revision employees, 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, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 16. 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, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense 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. 17. 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: ® 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 owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'SCONSULTANT'S [CHOOSE ONE] employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. 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 workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. 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. In addition, the "retro" date must be on or before the date 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. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. 5 City's Standard Agreement — June 2008 revision 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. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. 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 judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of 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. 19. MEDIATIONARBITRATION. 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. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY or the CONTRACTOR. Termination without cause shall be effective only upon 60-day's written notice to the CITY or 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 6 City's Standard Agreement — June 2008 revision 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. 21. 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 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 CITY: To CONTRACTOR: Barbara A. Tipton Storm Water Compliance Inspector City of National City 1243 Natinal City Blvd National City, CA 91950-4301 Jennifer Decker California Highwat Adoption Company 23970 Spencer Bute Drive Gavilan Hills, CA 92570 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. 22. 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 7 City's Standard Agreement — June 2008 revision knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ 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. 23. 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. 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. 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 8 City's Standard Agreement — June 2008 revision 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 CALIFORNIA HIGHWAY ADOPTION COMPANY (Corporation — signet of two corporateyf#icers) (Partnership — o = igna re) (Sole proprie ,ship — . e fir'=ture) By: on Morrison, Mayor APPROVED AS TO FORM: George H. iser, III City Attorney July 9, 2008 City of National City 1243 National City Blvd, National City, CA 91950 By: (Name) (oivy Oec-Kee- (Print) GFo (Title) Exhibit "A" Reference: Litter Removal Services 9 City's Standard Agreement — June 2008 revision Dear Ms. Barby Tipton, Please find the following proposal in regard to litter mitigation services for Paradise Creek within the city boundaries. Scope of Work, Contractor: California Highway Adoption Company (CHAC) will be responsible for removing litter from all designated sides of the Paradise Creek banks in the City of (National City). CHAC will provide bags as well as bag all litter and place the bags of litter in the Public Works West Yard trash can for Public Works removal. Tires and any large containers or objects will also be placed in/near the designated trash can for easy access and removal by Public Works. Public Works will be notified for disposal of any toxic waste or chemicals found in the creek area. The area of litter service runs along Paradise Creek behind the Public Works office and is about 4 blocks long. The second area that will be cleaned is smaller and narrow and about a block long. The 3rd location is at E 16th St. and the creek goes up to D Ave. All banks of the creek will be cleaned but not in the creek. We will be given a key for entrance into the locations if needed. All litter removal work will be done during daylight hours. Litter removal service will not be performed during foul weather conditions, this includes but is not limited to rain, heavy wind, fog or extreme heat. Nor will work be performed during national holiday's or Holiday weekends. All work is to be performed under safety guidelines. CHAC has the Insurance coverage required by the State of California and will provide copies at the request of the city of National City. Cost: 4 Man crew cleaning 2 times per month- 4 hr min@ $30.00 per hr (every other week)=$960.00 per month. 10 City's Standard Agreement — June 2008 revision INCORPORATED OFFICE OF THE CITY CLERK 1243 National City Blvd., National City, CA 91950 619-336-4228 phone • 619-336-4229 fax CALIFORNIA HIGHWAY ADOPTION COMPANY Litter Removal from Paradise Creek Barby in Engineering Forwarded Copy of the Agreement to the Vendor