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HomeMy WebLinkAboutINTEGRATED WASTE MANAGEMENT DEPARTMENT - JOB CENTER SITE - 1998-08-033 1 • Janice Y. Goss, Director 4i la o9 320 N_ Flower Stfcet. Suite 400 o n COUNTY OF ORANGE Santa Ana. CA92703 ss.. oclandlills cum ,t INTEGRATED WASTE MANAGEMENT DEPARTMENT Telephooc: (714) 83440W ?[IFOS� I-ax- (714)834-4183 March 31, 2004 Mr. Jim Lamb CERTIFIED MAIL Department of Economic Development City of Huntington Beach 2000 Main Street, Huntington Beach California 92648 Subject: License for Huntington Beach Job Center dated March 9, 2004, between the County of Orange and the City of Huntington Beach IWMD reference: PM 105-27-2, Transfer Station #2 Dear Mr. Lamb: Enclosed is a fully executed original of the subject license and related minute order, as approved by the Orange County Board of Supervisors on March 9, 2004. It has been a pleasure working with you on this project. One clerical correction was made to the license after it was executed by the City — the year on line 9, page 1 was changed from "2003" to "2004" to show the correct date of the license. If you have any questions please contact me at (714) 834-4053. Sincerely, Richard Acker Manager, Management Services enclosure cc: David C. Biggs, Director of Economic Development (w/o enclosure) Jan Goss, Director IWMD (w/o enclosure) Ron Pierre (w/o enclosure) Mike Giancola (with enclosure) ORANGE COUNTY BOARD OF SUPERVISORS MINUTE ORDER March 09, 2004 Submitting Rgenck,Department- INTEGRATED WASTE MANAGEMENT DEPARTMENT Approve license with Huntington Beach to establish a job center facility at former Huntington Beach transfer station, five year term with automatic one year extensions thereafter; and make California Environmental Quality Act findings - District 2 The following is action taken by the Board of Supervisors: APPROVED AS RECOMMENDED ® OTHER O Unanimous O (1) SMITH: Y (2) SILVA: Y (3) CAMPBELL: Y (4) NORBY: Y (5) WILSON: X Vote Key: Y=Yes; .N=No,- A=Abstain.- X=Excused: B_O.=Board Order Documents accompanying this matter: O Resolution(s) Ordinances(s) Contract(s) tem No. 7 Special Notes. Copies sent to: CEO S IW,VD — e V — 3 Agreements Barbara Love il, C/ �4 Chris Cruz Auditor— I Copy o1 Agreement g 3116104 I certify that the foregoing is a me and correct copy of the Minute Order adopted by th ar Supervisors , Orange Count;•, State of California DARLENE Clerk of the Board By_ Deputy i 1 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 PM 105-27-2 Transfer Station 42 LICENSE TIIIC I i(`FNCV ("I irr=ncr') is mAdf. l [ f(/� / ?004 by ;ind hc-tivr.en the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY," and the CITY OF HUNTINGTON BEACH, a charter city and municipal corporation, organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "LICENSEE," .without regard to number and gender. 1. DEFINITIONS (PML2.1 S) The following .words in this License have the significance attached to them in this clause, unless otherwise apparent from context: "Board of Supervisors" means the Board of Supervisors of the County of Orange, a political subdivision of the State of California. "Auditor -Controller" means the Auditor -Controller of the County of Orange, or his designee. "Director of-IWMD" means the Director, Integrated Waste Management Department, County of Orange, or upon written notice to LICENSEE, such other person or entity as shall be designated by the County Executive Office or the Board of Supervisor. "Risk Management" means the County Ixccutive Office. Risk Management, County of Orange or upon written notice to LICENSEE, such other entity as shall be designated by the County Executive Offu:er or the Board of Supervisors. 2. TERM (N) "Phis License shall become effective retroactively to September 16, 2003. and continue in effect through September 15, 2008. Thereafter, this License shall automatically renew each year on the 1601 day of September for a further one-year term. Notwithstanding the above, COUNTY or LICENSEE may terminate this agreement at any time by giving thirty (30) days advance written notice. Such notice of termination shall be sent through the united States rnail in the State of California, duly registered or certified, return receipt requested, with postage prepaid, and shall be deemed to have been served or delivered twenty-four (24) hours after the mailing as herein provided. 3. LICENSE AREA (PML4.1 S) COUNTY grants to LICENSEE the non-exclusive right to use that certain property hereinafter referred to as "License Area," shown on "Exhibit A," which exhibit is attached hereto and by reference made a part hereof. RA ys IIINTBCIIJoh(:cntcr-2.1)0('021'04.104-I 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 4. USE (PML5.1 N) LICENSEE's use of the License Area shall be limited to operation of a Job Center facility to provide assistance for day laborers to obtain employment. The Job Center hours of operation are to be from 6:00 a.m. to 11:00 a.m., Monday through Saturday or as may be revised by LICENSEE upon prior written approval of the Director of IWMD. No permanent structures shall be constructed by LICENSEE within the License Area. COUNTY understands that LICENSEE intends to use an office trailer, portable sanitation units, and fencing, which LICENSEE previously placed within the License Area in accordance with the plan shown on Exhibit A. LICENSEE understands and agrees that COUNTY retains the right to enter upon the License Area and further agrees to allow COUNT T Y to place its own lock on LICENSEE's entrance gate to provide such access. LICENSEE acknowledges that License Area is the site of a former landfill and as a result the land may be subject to settling and generation of landfill gas. LICENSEE hereby agrees to indemnify and defend COUNTY and to hold COUNTY, its officers, employees, and contractors harmless from any loss, claims, liability, or costs arising out of or which may result from settling, generation of landfill gas, or any other damage or liability arising as a result of LICENSF,E's use of the former landfill. Use of the site may be subject to regulation by the Local Enforcement Agency (LEA); California Regional Water Quality Control Board, Santa Ana Region (SARWQCB); South Coast Air Quality Management District (SCAQMD); or other regulators having jurisdiction over closed landfill sites. If any such regulators impose conditions as a result of LICENSEE's use of the site, LICENSEE shall be responsible to immediately comply with such conditions at its sole expense. LICENSEE understands and agrees that the License Area may be inspected at any time by any regulatory agency that has jurisdiction over former solid waste landfills. LICENSEE shall be solely responsible for any requirements imposed by local enforcement or any other regulatory agency as a result of LICENSEE's use of the License Area. LICENSEE agrees not to use the License Area for any other purpose nor to engage in or permit any other activity within or from the License Area. LICENSEE further agrees not to conduct or permit to be conducted any public or private nuisance in, on, or from the License Area, not to commit or permit to be committed waste on the License Area, and to comply with all governmental laws and regulations in connection with its use of the License Area. NO ALCOHOLIC BEVERAGES SHALL BE SOLD OR CONSUMED WITHIN THE LICENSE AREA. NO TOBACCO PRODUCTS SHALL BE SOLD OR CONSUMED WITHIN THE OFFICE TRAILER SITUATED IN THE LICENSE AREA. 5. USE FEE (PML6.1 N) LICENSEE agrees to pay COUNTY from and after the effective date of this License the sum of Six Hundred Dollars (S600.00) per year as a fee for the use of the License Area. Said annual fee shall be payable in advance, without prior notice or demand, on each anniversary of the effective date of this License while this License is in effect without deduction or offset in lawful money of the United States. In the event the obligation to pay the fee terminates on some day other than the day prior to the RA qs HUnTBCIiJobCcnler-2.Lx)C:l(),']7.'03-1 -2- • • 1 anniversary of the effective date of this License, the fee shall be prorated to reflect the actual period of use on the basis of a three hundred sixty-five (365) day year. 3 G. PAYMENT PROCEDURE (PML7.1 S) 5 All payments shall be delivered to the County of Orange, Integrated Waste Management Department, 320 7 North Flower Street, Suite 400, Santa Ana, California 92703; Attn: Accounts Receivable. The designated place of payment may be changed at any time by COUNTY upon ten (10) days written notice to 9 LICENSEE. Fee payments may be made by check payable to the County of Orange. LICENSEE assumes all risk of loss if payments are made by mail. 11 No payment by LICENSEE or receipt by COUNTY of a lesser amount than the payment due shall be 13 deemed to be other than on account of the payment due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as payment be deemed an accord and satisfaction, 15 and COUNTY shall accept such check or payment without prejudice to COUNTY's right to recover the balance of said payment or pursue any other remedy in this License. 17 7. CHARGE FOR LATE PAYMENT (PML7.2 S) 19 LICENSEE hereby acknowledges that late payment of sums due hereunder will cause COUNTY to incur 21 costs not contemplated by this License, the exact amount of which will be extremely difficult to ascertain. Such costs include but are not limited to costs such as administrative processing of delinquent notices, 23 increased accounting costs, etc. 25 Accordingly, if any payment pursuant to this License is not received by COUNTY by the due date, a late charge of one and one-half percent (1.5%) of the payment due and unpaid plus One Hundred Dollars 27 ($100.00) shall be added to the payment, and the total sum shall become immediately due and payable to COUNTY. An additional charge of one and one-half percent (1.5%) of said payment, excluding late 29 charges, shall be added for each additional month that said payment remains unpaid. 31 LICENSEE and COUNTY hereby agree that such late charges represent a fair and reasonable estimate of the costs that COUNTY will incur by reason of LICENSEE's late payment. 33 Acceptance of such late charges (and/or any portion of the overdue payment) by COUNTY shall in no 35 event constitute a waiver of LICENSEE's default with respect to such overdue payment, or prevent COUNTY from exercising any of the other rights and remedies granted hereunder. 37 8. FENCING AND SECURITY PLAN (N) 39 LICENSEE agrees that prior to commencing operations under this License Agreement, LICENSEE shall 41 submit to Director of IWMD for approval a security plan for maintaining security of the License Area and of COUNTY improvements. Director of IWMD's approval shall not be unreasonably withheld. 43 LICENSEE agrees to maintain and repair at LICENSEE's expense perimeter fencing and gates around the License Area as a component of said security plan. 45 9. REGRADING (N) 47 ; LICENSEE agrees that during the term of this License, it will re -grade the License Area, as needed, to 49 compensate for soil settlement, if any, by eliminating low spots and preventing storm water or water from R.A.q.e 14UN713C14JobCcntcr-2 DOCIO.'17103-1 3 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 other sources from ponding in the License Area_ Such re -grading shall be done upon request from the Director of IWMD consistent with landfill property drainage and erosion control standards and shall be done at LICENSEE's sole expense. line FACILITY RELOCATION (N) LICENSEE agrees that in the event that the Director of IWMD finds it necessary to construct landfill gas, water quality, drainage or other improvements in the License Area, LICENSEE shall at LICENSEE's sole expense re -locate LICENSEE's improvements, structures and facilities as necessary to accommodate said construction. 1 l . RIGHT TO WORK AND MINIMUM WAGE LAWS (S) In accordance with the United States Immigration Reform and Control Act of 1986, LICENSEE shall require its employees that directly or indirectly service the License Area, pursuant to the terms and conditions of this License, in any manner whatsoever, to verifv their identity and eligibility for employment in the United States. LICENSEE shall also require and verifv that its contractors or any other persons servicing the License Area, pursuant to the terms and conditions of this License, in any manner whatsoever, verify the identity of their employees and their eligibility for employment in the United States. Pursuant to the United States of America Fair Labor Standard Act of 1938, as amended, and State of California Labor Code, Section 1178.5, LICENSEE shall pay no less than the greater of the Federal or California Minimum Wage to all its employees that directly or indirectly service the License Area, in any manner whatsoever. LICENSEE shall require and verify that all its contractors or other persons servicing the License Area on behalf of the LICENSEE also pay their employees no less than the greater of the Federal or California Minimum Wage. LICENSEE shall comply and verify that its contractors comply with all other Federal and State of California laws for minimum wage, overtime pay, record keeping, and child labor standards pursuant to the servicing of the License Area or terms and conditions of this License. Notwithstanding the minimum wage requirements provide for in this clause, LICENSEE, where applicable, shall comply with the prevailing wage and related requirements, as provided for in the Clause (LABOR CODE COMPLIANCE) of this License. 12. LABOR CODE COMPLIANCE (S) LICENSEE acknowledges and agrees that all Work required to be performed as a condition of this License or any such future improvements or modifications performed by LICENSEE shall be governed by, and performed in accordance with, the provisions of Article 2 of Chapter 1, Part 7, Division 2 of the Labor Code of the State of California (Sections 1770, et seq.). These provisions are applicable to improvements or modifications costing more than One Thousand Dollars ($1,000.00). Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the Orange County Board of Supervisors has obtained the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality applicable to this License for each craft, classification, or type of workman needed to execute the aforesaid improvements or modifications from the State Department of industrial Relations. Copies of said prevailing wage rates may be obtained from the State of California, Department of Industrial Relations, or COUNTY's Integrated Waste Management Department. RA 45 H1;h"I13CHJobCcnter-2-DOC]0/17/03-1 -4- • 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 LICENSEE hereby agrees to pay or cause its contractors and/or subcontractors to pay said prevailing wage rates at all times for all improvements or modifications to be completed within the License Area, and LICENSEE herein agrees that LICENSEE shall post, or cause to be posted, a copy of the most current, applicable prevailing wage rates at the site where the improvements or modifications are performed. Prior to commencement of any improvements or modifications, LICENSEE shall provide Integrated Waste Management Department with the applicable certified payroll records for all v►,orkers that will be assigned to the improvements or modifications. Said payroll records shall contain, but not be limited to, the complete name, address, telephone number, social security number, job classification, and prevailing wage rate for each worker. LICENSEE shall provide Integrated Waste Management Department bi-weekly updated, certified payroll records for all workers that include, but shall not be limited to, the weekly hours worked, prevailing hourly wage rates, and total wages paid. If LICENSEE neglects, fails, or refuses to provide said payroll records to Integrated Waste Management Department, such occurrence shall constitute an event of default of this License and COUNTY may, notwithstanding any other termination provisions contained herein, terminate this License. 13. - UTILITIES (PNIL9.1 N) LICENSEE shall be responsible for and pay, prior to the delinquency date, all charges for utilities supplied to the License Area. 14. INSURANCE (PM L10.1 S) INSURANCE PROVISIONS LICENSEE agrees to purchase all required insurance at LICENSEE's expense and to deposit with the COUNTY certificates of insurance, including all endorsements required herein, necessary to satisfy the COUNTY that the insurance provisions of this License have been complied with and to keep such insurance coverage and the certificates and endorsements therefore on deposit with the COUNTY during the entire term of this License. This License shall automatically terminate at the same time LICENSEE's insurance coverage is terminated. If within ten (10) days after termination under this Clause LICENSEE obtains and provides evidence of the required insurance coverage acceptable to Director of IWMD, this License may be reinstated at the sole discretion of Director of IWMD. LICENSEE shall pay COUNTY $200.00 for processing the reinstatement of this License. LICENSEE agrees that LICENSEE shall not operate on the License Area at any time the required insurance is not in full force and effect as evidenced by a certificate of insurance and necessary endorsements or, in the interim, an official binder being in the possession of Director of IWMD. In no cases shall assurances by LICENSEE, its employees, agents, including any insurance agent, be construed adequate evidence of insurance. Director of IWMD will only accept valid certificates of insurance and endorsements, or in the interim, an insurance binder as adequate evidence of insurance. LICENSEE also agrees that upon cancellation, termination, or expiration of LICENSEE's insurance, COUNTY may take whatever steps are necessary to interrupt any operation from or on the License Area until such time as the Director of IWMD reinstates the LICENSE. If at any time during the term of the License, LICENSEE has failed to provide Director of IWMD with a certificate of insurance and endorsements, or binder, the parties agree this shall constitute a material breach permitting COUNTY, whether or not notice of default has or has not been sent to LICENSEE, to take whatever steps necessary to interrupt any operation from or on the License Area, and to prevent any I RA.q% HUNTSCHJoKenw-2-DOC10.. 17103.1 -5- • • 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 persons, including, but not limited to, members of the general public, and LICENSEE's employees and agents, from entering said Licensed Area until such time as Director of IWMD is provided with adequate evidence of insurance. LICENSEE further agrees to hold COUNTY harmless for any damages resulting from such interruption of business and possession, including, but not limited to, damages resulting from any loss of income or business resulting from the COUNTY's action. All contractors performing work on behalf of LICENSEE pursuant to this License shall obtain insurance subject to the same terms and conditions as set forth herein for LICENSEE. LICENSEE shall not allow contractors or subcontractors to work if contractors have less than the level of coverage required by the COUNTY from the LICENSEE under this License. It is the obligation of the LICENSEE to provide notice of the insurance requirements to every contractor and to receive proof of insurance prior to allowing any contractor to begin work. Such proof of insurance must be maintained by LICENSEE through the entirety of this. License for inspection by COUNTY representative at any reasonable time. If automobile liability is not required of the LICENSEE, it shall still be required by any contractors performing public works (construction) contracts. Minimum limits shall be One Million Dollars (S1,000,000.00) combined single limit per occurrence for all owned, non -owned and hired vehicles. All insurance policies required by this License shall declare any deductible or self -insured retention (SIR) in an amount in excess of Twenty -Five Thousand Dollars ($25,000.00) (Five Thousand Dollars (S5,000) for automobile liability), which shall specifically be approved by Risk Management. LICENSEE shall be responsible for reimbursement of any deductible to the insurer. Any self -insured retentions (SIRS) or deductibles shall be clearly stated on the certificate of insurance. If the LICENSEE fails to maintain insurance acceptable to the COUNTY for the full term of this License, the COUNTY may terminate this License. ualitied Insurer The policy or policies of insurance must be issued by an insurer licensed to do business in the state of California (California Admitted Carrier). Minimum insurance company ratings as detennined by the most current edition of the _Best's Key Rating Guide/Property-Casualty/United States or ambest.com shall be A- (Secure Best's Rating) and VIII (Financial Size Category). If the carrier is a non -admitted carrier in the state of California, Risk Management retains the right to approve or reject carrier after a review of the company's performance and financial ratings. 11 ►II RA ys HUN TBCHJobCcn ter -2 DOC10117/03-1 -6- 0 The policy or policies of insurance maintained by the LICENSEE shall provide the minimum limits and coverage as set forth below: 3 Covers e 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 1 Commercial General Liability with broad form property damage and contractual liability Workers' Compensation Employers' Liability Insurance Minimum Limits S 1,000,000 combined single limit per occurrence $2,000,000 aggregate Statutory $1,000,000 per occurrence All liability insurance required by this License shall be at least One Million Dollars ($1,000,000.00) combined single limit per occurrence. The minimum aggregate limit for the Commercial General Liabilit policy shall be Two Million Dollars ($2,000,000.00). The County of Orange shall be added as an additional insured on all insurance policies required by this License with respect to work done by the LICENSEE under the terms of this License (except Workers' Compensation/Employers' Liability). An additional insured endorsement evidencing that the County of Orange is an additional insured shall accompany the certificate of insurance. All insurance policies required by this License shall be primary insurance, and any insurance maintained b the County of Orange shall be excess and non-contributing with insurance provided by these policies. An endorsement evidencing that the LICENSEE's insurance is primary and non-contributing shall specifically accompany the certificate of insurance for the Commercial General Liability. All insurance policies required by this License shall give the County of Orange thirty (30) days notice in the event of cancellation. This shall be evidenced by an endorsement separate from the certificate of insurance. In addition, the cancellation clause must include language as follows, which edits the pre- printed ACORD certificate: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAIL6RE TO MAIL SUCH N NO OF ANY KP4D UPON THE f`OM:P A NY ITC AGENT 0 All insurance policies required by this License shall waive all rights of subrogation against the County o Orange and members of the Board of Supervisors, its elected and appointed officials, officers, agents ani employees when acting within the scope of their appointment or employment. The Commercial General Liability policy shall contain a severability of interests clause. 111 111 RA qs}IUNTRCHJobCenter-2-DC)CIRi17!03A -7- 1 The LICENSEE is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Workers' Compensation or be self -insured in accordance 3 with provisions of that code. The LICENSEE will comply with such provisions and shall furnish the COUNTY satisfactory evidence that the LICENSEE has secured, for the period of this License, statutory 5 Workers' Compensation insurance and Employers' Liability insurance with minimum limits of One Million Dollars ($1,000,000.00) per occurrence. 7 Insurance certificates should be forwarded to the COUNTY's Integrated Waste Management District; Attn: 9 Director, as listed in Clause 20 (NOTICES) of this License. LICENSEE has fourteen (14) days to provide adequate evidence of insurance or this License may be cancelled. 11 � COUNTY expressly retains the right to require LICENSEE to increase or decrease insurance of any of the 13 above insurance types throughout the term of this License. Any increase or decrease in insurance will be as deemed by County of Orange Risk Management as appropriate to adequately protect COUNTY. 15 COUNTY shall notify LICENSEE in writing of changes in the insurance requirements. If LICENSEE 17 does not deposit copies of acceptable certificates of insurance and endorsements with COUNTY incorporating such changes within thirty (30) days of receipt of such notice, this License may be in 19 breach without further notice to LICENSEE, and County shall be entitled to all legal remedies. 21 The procuring of such required policy or policies of insurance shall not be construed to limit LICENSEE's liability hereunder nor to fulfill the indemnification provisions and requirements of this 23 License. 25 The County of Orange Certificate of Insurance and the Special Endorsement for the County of Orange can be utilized to verify compliance with the above -mentioned insurance requirements in place of 27 commercial insurance certificates and endorsements. 29 LICENSEE may elect to self -insure provided such self-insurance meets or exceeds all provisions of this Section (INSURANCE), throughout the term of this License and is in a form acceptable to Risk 31 Management and Director of IWMD. If LICENSEE elects to self -insure for this License, in addition to and without limitation of any other provision of this agreement, LICENSEE agrees to all of the following: 33 A. The duty to defend COUNTY from any liability claim or suit to which this agreement applies, is 35 broader than LICENSEE's duty to indemnify; and 37 B. LICENSEE shall have the right and duty to defend COUNTY from any and all liability claims or suits if there is any potential for indemnity under this agreement on any conceivable theory; and 39 C. The provisions of California Civil Code, Section 2860 shall apply to any action which is covered 41 by the duty to defend in this agreement and said provisions shall be interpreted as though LICENSEE was an insurer and COUNTY was the insured. 43 ll 45 If 1 47 49 RA-qs 11UNT13CHJvbCcn1m-2 DOC10,17103-1 8- 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 15. OPERATIONS (PML11.1 N) LICENSEE shall, to the satisfaction of COUNTY, keep and maintain the License Area and all improvements of any kind installed by LICENSEE in good condition and in substantial repair. It shall be LICENSEE's responsibility to take all steps necessary or appropriate to maintain such standard of condition and repair. LICENSEE expressly agrees to maintain the License Area in a safe, clean, wholesome, and sanitary condition, to the complete satisfaction of COUNTY and in compliance with all applicable laws. LICENSEE further agrees to provide approved containers for trash and garbage and to keep the License Area free and clear of rubbish and litter. COUNTY shall have the right to enter upon and inspect the License Area at any time for cleanliness and safety. LICENSEE shall designate in writing to COUNTY an on -site representative who shall be responsible for the day-to-day operation and level of maintenance, cleanliness, and general order. If LICENSEE fails to maintain or make repairs or replacements as required herein, COUNTY may notify LICENSEE in writing of said failure. Should LICENSEE fail to correct the situation within a reasonable time thereafter as established by Director of IWMD, the Director of IWMD may have the necessary correction made and the cost thereof, including but not limited to the cost of labor, materials, and equipment and administration, shall be paid by LICENSEE within ten (10) days of receipt of a statement of said cost from Director of IWMD. Director of IWMD may, at Director of IWMD's option, choose other remedies available herein, or by law. 16. HAZARDOUS MATERIALS (S) A. Definition of Hazardous Materials. For purposes of this License, the term "Hazardous Material" or "Hazardous Materials" shall mean any hazardous or toxic substance, material, product, byproduct, or waste which is or shall become regulated by any governmental entity, including, without limitation, the COUNTY acting in its governmental capacity, the State of California, or the United States government. B. Use of Hazardous Materials. LICENSEE or LICENSEE's employees, agents, independent contractors or invitees (collectively "LICENSEE PARTIES") shall not cause or permit any Hazardous Materials to be brought upon, stored, kept, used, generated, released into the environment or disposed of on, under, from, or about the License Area (which for purposes of this clause shall include the subsurface soil and ground water). Notwithstanding the foregoing, LICENSEE may keep on or about the License Area small quantities of Hazardous Materials that are used in the ordinary, customary, and lawful cleaning of and business operations on the License Area. Said permitted Hazardous Materials shall be stored in a safe location and shall be disposed of in a manner provided by law. C. LICENSEE ObIleations. If the presence of any Hazardous Materials on, under or about the License Area caused or permitted by LICENSEE or LICENSEE PARTIES results in (i) injury to any person, (ii) injury to or contamination of the License Area (or a portion thereof), or (iii) injury to or contamination or any real or personal property wherever situated, LICENSEE, at its sole cost and expense, shall promptly take all actions necessary or appropriate to return the License Area to the condition existing prior to the introduction of such Hazardous Materials to the License Area and to remedy or repair any such injury or contamination. Without limiting any other rights or remedies of COUNTY under this License, LICENSEE shall pay the cost of any cleanup or remedial work performed on, under, or about the License Area as required by this License or by applicable laws in connection with the removal, disposal, neutralization or RA.gs EI1,NTAf'H1ohCen1cr-2-WC1011 7103-1 -9. 0 . 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35- 37 39 41 43 45 47 49 other treatment of such Hazardous Materials caused or permitted by LICENSEE or LICENSEE PARTIES. Notwithstanding the foregoing, LICENSEE shall not take any remedial action in response to the presence, discharge or release of any Hazardous Materials on, under or about the License Area caused or permitted by LICENSEE or LICENSEE PARTIES, or enter into any settlement agreement, consent decree or other compromise with any governmental or quasigovemmental entity without first obtaining the prior written consent of COUNTY. All work performed or caused to be performed by LICENSEE as provided for above shall be done in a good and workmanlike manner and in compliance with plans, specifications, permits and other requirements for such work approved by COUNTY. D. Indemnification for Hazardous Materials. To the fullest extent permitted by law, LICENSEE hereby agrees to indemnify, hold harmless, protect and defend (with attorneys acceptable to COUNTY) COUNTY, its elected officials, officers, employees, agents and independent contractors and the License Area, from and against any and all liabilities, losses, damages (including, but not limited to, damages for the loss or restriction on use of rentable or usable space or any amenity of the License Area or damages arising from any adverse impact on marketing of the License Area), diminution in the value of the License Area, judgments, fines, demands, claims, recoveries, deficiencies, costs and expenses (including, but not limited to, reasonable attorney's fees, disbursements, and court costs and all other professional or consultant's expenses), whether foreseeable or unforeseeable, arising directly or indirectly out of the presence, use, generation, storage, treatment, on or off -site disposal or transportation of Hazardous Materials, on, into, from, under, or about the License Area by LICENSEE or LICENSEE PARTIES. The foregoing indemnity shall also specifically include the cost of any required or necessary repair, restoration, clean up or detoxification of the License Area and the preparation of any closure or other required plans. All LICENSEE's indemnity obligations arising pursuant to this section shall survive the termination of the AGREEMENTT. 17. VEHICLE CONTROL AND PARKING (N) LICENSEE understands and agrees that due to former landfill maintenance requirements, motor vehicle parking within the License Area must be restricted. Licensee may allow motor vehicles to park within the License Area in as many as six (6) marked parking spaces, which spaces must be on the portion of the License Area that is paved with asphalt. Drainage from those parking spaces must flow away from the former landfill toward Gothard Street. Any other parking of motor vehicles within the License Area is prohibited. LICENSEE agrees to provide adequate staff to control traffic in the License Area. 18. COUNTY IMPROVEMENTS (N) LICENSEE agrees to protect in place COUTITY's existing and future improvements and infrastructure within the License Area. LICENSEE shall be solely responsible for the cost of repair or replacement of COUNTY's improvements if such improvements are damaged due to LICENSEE's use of the License Area. 119 LIMITATION] OF THE LICENSE (PML13.1 S) This License and the rights and privileges granted LICENSEE in and to the License Area are subject to all covenants, conditions, restrictions, and exceptions of record or apparent from a physical inspection of the License Area. Nothing contained in this License or in any document related hereto shall be construed to RA qs HUNTBC]Uoh( enter-2-DOC'l0117,103-1 -10- 0 i 1 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 imply the conveyance to LICENSEE of rights in the License Area which exceed those owned by COUNTY. 20. NOTICES (PMLl4.1 S) All notices pursuant to this License shall be addressed as set forth below or as either party may hereafter designate by written notice and shall be sent through the United States mail in the State of California duly registered or certified with postage prepaid. If any notice is sent by registered or certified mail, as aforesaid, the same shall be deemed served or delivered twenty-four (24) hours after mailing thereof as above provided. Notwithstanding the above, COUNTY may also provide notices to LICENSEE by personal delivery or by regular mail and any such notice so given shall be deemed to have been given upon receipt. TO: COUNTY TO: LICENSEE Integrated Waste Management Department City of Huntington Beach 320 N. Flower Street P.Q. Box 70 Santa Ana, CA 92703 Huntington Beach, CA 92648 Attention: Director Attention: 21. ATTACHMENTS TO LICENSE (PML15.1 S) This License includes the following, which are attached hereto and made a part hereof. 1. GENERAL CONTDITIONS II. EXHIBIT A RA qs HUNFBCHJobCcntcr-2 DOC10117/03-1 ue 1 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 I IN WITNESS WHEREOF, the parties have executed this License the day and year first above written. I APPROVED AS TO FORM: C City REVIEWED AND APPROVED: By a"4-1 t CitytKdministrator INITIATED AND APPROVED: By_ & 6 Director of Economic Development APPROVED AS TO FORM: County Counsel By ��'✓�`'"` Deputy y �I Date 51 o RECOMMENDED FOR APPROVAL Integrated Waste Management Department' By "-8) 71'- 49P� 61 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. By ! 0 Darlene J. om Clerk of the Board o Superviso Orange County, California LICENSEE CITY OF HUNTINGTON BEACH By or ATTEST: gy City Clerk 0 COUNTY COUNTY OF ORANGE By Chairman of the Board of Supervisors RA:gs HUNTBCHJobCenter-2.DOC10/17/03-1 -12- • i 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 II. GENERAL CONDITIONS (PMLGI-15 S) 1. PERMITS AND LICENSES (PMLGI S) LICENSEE shall be required to obtain any and all permits and/or licenses which may be required in connection with the operation of the License Area as set out herein. No permit, approval, or consent given hereunder by COUNTY, in its governmental capacity, shall affect or limit LICENSEE's obligations hereunder, nor shall any approvals or consents given by COUNTY, as a party to this Agreement, be deemed approval as to compliance or conformance with applicable governmental codes, laws, rules, or regulations. 2. SIGNS (PMLG2 S) LICENSEE agrees not to construct, maintain, or allow any signs, banners, flags, etc., upon License Area except as approved by Director of RVMD. Unapproved signs, banners, flags, etc., may be removed. 3. LICENSE ORGANIZATION (PMLG3 S) The various headings and numbers herein, the grouping of provisions of this License into separate clauses and paragraphs, and the organization hereof, are for the purpose of convenience only and shall not be considered otherwise. 4. AMENDMENTS (PMLG4 S) This License is the sole and only agreement between the parties regarding the subject matter hereof, other agreements, either oral or written, are void. Any changes to this License shall be in writing and shall be properly executed by both parties. 5. UNLAWFUL USE (PMLG5 S) LICENSEE agrees no improvements shall be erected, placed upon, operated, nor maintained on the Licer Area, nor any business conducted or carved on therein or therefrom, in violation of the terms of this License, or of any regulation, order of law, statute, bylaw, or ordinance of a governmental agency having jurisdiction. 6. INSPECTION (PMLGG S) COUNTY or its authorized representative shall have the right at all reasonable times to inspect the operation to determine if the provisions of this License are being complied with. 7. INTDEMNLFICATION (PMLG7 S) LICENSEE hereby waives all claims and recourse against COUNTY including the right of contribution for loss or damage of persons or property arising from, growing out of. or in any way connected with or related to this License except claims arising from the concurrent active or sole negligence of COUNTY, its officers, agents, and employees. LICENSEE hereby agrees to indemnify, hold harmless, and defend COUNTY, its officers, agents, and employees against any and all claims, loss, demands, damages, cost, expenses, or liability costs arising out of the operation, use, or maintenance of the License Area by RA qs I I I iNTBCHJobCenter-2 DOC10-17.03 -1. 1 LICENSEE, its officers, agents, or employees, and/or LICENSEE's exercise of the rights under this License, except for liability arising out of the concurrent active or sole negligence of COUNTY, its 3 officers, agents, or employees, including the cost of defense of any lawsuit arising therefrom. 5 In the event COUNTY is named as co-defcndant, LICENSEE shall notify COUNTY of such fact and shall represent COUNTY in such legal action unless COUNTY undertakes to represent itself as co-defendant in 7 such legal action, in which event LICENSEE shall pay to COUNTY its litigation costs, expenses, and attorney's fees. In the event judgment is entered against COUNTY and LICENSEE because of the 9 concurrent active negligence of COUNTY and LICENSEE, their officers, agents, or employees, or in the event there is other final disposition of legal action against COUNTY and LICENSEE, an apportionment of 11 liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment of liability, except if a third party in the action requests a jury determination 13 of less than all of the issues in the action. 15 8. TAXES AND ASSESSMENTS (PMLG8 S) 17 Although not anticipated, should this License create a possessory interest which is subject to the payment of taxes levied on such interest, it is understood and agreed that all taxes and assessments (including but not 19 limited to said possessory interest tax) which become due and payable in connection with this License or upon fixtures, equipment, or other properly used in connection with this License, shall be the full 21 responsibility of LICENSEE, and LICENSEE shall cause said taxes and assessments to be paid promptly 23 9. PARTIAL INVALIDITY (PMLG9 S) 25 If any term, covenant, condition, or provision of this License is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and 27 effect and shall in no way be affected, impaired, or invalidated thereby. 29 10. WAN ER OF RIGHTS (PM LG10 S) 31 The failure of COUNTY to insist upon strict performance of any of the terms, covenants, or conditions of this License shall not be deemed a waiver of any right or remedy that COUNTY may have, and shall not be 33 deemed a waiver of the right to require strict performance of all the terms, covenants, and conditions of the License thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant, 35 or condition of the License. Any waiver, in order to be effective, must be signed by the party whose right or remedy is being waived. 37 11. GOVERNING LAW AND VENUE (S) 39 This agreement has been negotiated and executed in the State of California and shall be governed by and 41 construed under the laws of the State of California. In the event of any legal action to enforce or interpret this agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange 43 County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. 45 li 47 II 49 RA:gs HUB'"113CHJoKenter-2 DOCI0-1;-03 -2- 11 11 1 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 12. CONDITION OF LICENSE AREA UPON TERMINATION (PMLGI2 S) Except as othenvise agreed to herein, upon termination of this License, LICENSEE shall redeliver possession of said License Area to COUNTY in substantially the same condition that existed immediately prior to LICENSEE's entry thereon, reasonable wear and tear, flood, earthquakes, war, and any act of war excepted. 13. DISPOSITION OF ABANDONED PERSONAL PROPERTY (PMLG13 S) If LICENSEE abandons the License Area or is dispossessed thereof by process of law or otherwise, title to any personal property belonging to LICENSEE and left on the License Area ten (10) days after such event shall be deemed, at COUNTY's option, to have been transferred to COUNTY. COUNTY shall have the right to remove and to dispose of such property without liability therefor to LICENSEE or to any person claiming under LICENSEE, and shall have no need to account therefor. 14. TIME OF ESSENCE (PMLGI4 S) Time is of the essence of this License Agreement. Failure to comply with any time requirements of this License shall constitute a material breach of this License. 15, NO ASSIGNMENT (PMLG15 S) The License granted hereby is personal to LICENSEE and any assignment of said license by LICENSEE, voluntarily or by operation of law, shall automatically terminate the License granted hereby. it KA ys tlLTJ-i'BC113obCtnicr-2.DGCS4-S's4)3 -3- • • • � d z N� PROPOSED NEW ITEMS IN RED DIRT BERM Methane Gas Mitigation Area 20, DIRT ACCESS ROAD PORTA Al A."� 41 �•,.ASFiJ.;t� �,��, �, ty%Str y[S:l'F�r} `•4•yr,.?�:�ir a• EQ� `r:',+:`,ticriL`%t;rY°• j •,,;,Y; SN _fit', G{�,�' i•. A?f'4. ���;••': •:.; 5"�' j,� 1„}:fit i�,K�7. i'/y. d�; v�."� � fy.^, •, .ya," �Li, a s• es'; �',��, 'r:'; f:Ya S� .J�!,J,, �IY` f l'•f.'.��5,. i'4 'llilr'i, .•5y. 4•Y�.'�;1 PROBES E w • • (12) November 3, 2003 - Council/Agency Minutes - Page 12 (City Council) Directed the City Administrator to Make Improvements As Amended to the City's Contracting Processes (including Professional Services Contracts under Huntington Beach Municipal Code Section 3.03) (120.10) The City Council considered a communication from Councilmember Jill Hardy transmitting the following Statement of Issue: At the October 20, 2003 City Council meeting, staff recommended improvements to the city's contracting processes. I believe the following recommendations represent effective solutions to recent concerns identified with the contracting process. In addition to the recommended improvements (listed below), I propose that staff provide the City Council an update on the contracting process as part of the FY 2004-05 budget process. A motion was made by Hardy, second (inaudible) as amended to provide that the City Attorney, not Departments will maintain a log of the contracts they enter into which will be transmitted quarterly to the City Clerk's office to ensure proper filing and to direct the City Administrator to make the following improvements to the city's contracting processes within 90 days and provide a report to the City Council regarding the contracting processes as part of the FY 2004-05 budget process: a. City Attorney's office will, upon approving a Professional Services Contract (PSA), transmit the original agreement to the City Clerk's office; and b. Develop an annual training program for processing all types of contracts, and C. Develop Administrative Regulations to establish the method for processing maintenancefservice and public works.contracts; and _ d. Contracts will not be dated until they are effective (signed by City Attorney's office); and e. Remove the Mayor and City Clerk signature lines from contracts when not required; and Modify Purchasing Manager Certification to apply to maintenance/service and public works contracts; and g . Assign a single department contract coordinator to ensure contract proper processing; and BepaAFaer#e-City Attorney will maintain a log of the contracts they enter into which will be transmitted quarterly to the City Clerk's office to ensure proper filing; and Staffs professional service agreement signature authority will be capped at $100,000, agreements over $100,000 will require City Council approval. City Attorney Jennifer McGrath clarified for Councilmember Dave Sullivan that her office verifies all documents are accurate, appropriately signed and approved as to form. (13) November 3, 2003 - Council/Agency Minutes - Page 13 City Clerk Connie Brockway responded to Councilmember Dave Sullivan's inquiry relative to why she believed City Clerk attestation on city contracts to be necessary stating that a majority of cities require the City Clerk to always attest to the signatures of city officers entering into contracts on behalf of the city; that attestation by the City Clerk applies to contracts approved and entered into that do not appear on city council agendas and to those contracts which do appear on the city council agenda. TheCity Clerk informed Council of an email survey her office had conducted of over forty cities wherein all but eight cities required the City Clerk to attest to all agreements even those agreements not appearing on the council agenda. She referred to cities such as the City of Irvine, Santa Ana and Anaheim which require City Clerk attestation to the signatures of the city officers just as the City Clerk must attest to the signature of the Mayor on contracts that go through the city council process. She informed Council of the reasons why she believed her request to attest to in house contracts was reasonable. A substitute motion was made by Sullivan, second Coerper to require attestation and limit contracts to $50,000. City Attorney McGrath stated her opinion that the city seal or attestation line on city contracts is not required. City Attorney McGrath reported on the Huntington Beach Municipal Code Section 3.03 process. City Administrator Ray Silver reported on the Professional Services Contract process stating in order to save staff time his office, the City Attorney and Risk Management developed a standard. _ professional services contract. City Administrator Silver informed Council that staff wants to improve the system and address the legitimate concerns raised by the City Clerk. Council voted on the above -mentioned substitute motion made by Councilmember Sullivan. The motion failed by the following roll call vote: AYES: Sullivan, Coerper, Green, NOES: Boardman, Cook, Houchen, Hardy ABSENT: None Council voted on the above -mentioned original motion. The original motion as amended by Councilmember Hardy that the City Attorney, not Departments will maintain a log of the contracts they enter into which will be transmitted quarterly to the City Clerk's office to ensure proper filing carried by the following roll call vote: AYES: Coerper, Hardy, Green, Boardman, Cook, Houchen NOES: Sullivan ABSENT: None Contracts Checklist for Submittal.=to''� City Clerk's Office i (Please transmit this form when your contract is ready to be filed in th G'ti 1CNrk's1officej '- ci B To: Connie Brockway, City Clerk x5404 1. Name of Contractor: County of Orange - Integrated Waste Management Dept. 2. Purpose of Contract: Use of County property for Huntington Beach Job Center 3. Expiration Date: 09/15/2008 4. Amount of Contract: $600.00 per year A. Is the attached contract RELATED to a PREVIOUSLY SUBMITTED contract (renewavamendment/etc)? ® YES ❑ NO B. Did you attach the LIST OF CONSULTANTS from whom proposals were requested — pursuant to HBMC 3.03.100? ❑YES ®N/A OR Is the attached contract a SOLE SOURCE? ❑YES ®N/A C. Did you attach a COPY of the insurance certificatetwaiver and send the ORIGINAL to Risk Management? ❑ YES PLEASE INCLUDE: James Lamb - ext. 5186 Economic Development April 6, 2004 CITY CLERK'S OFFICE USE ONLY: Category Data Entry Alpha Numeric !D *600.10 or *600.30 Pending RECORDS DIV: Check City Clerk's Database for Existing File. ❑ DONE g /forms/city clerk contract checklist.doc i CITY OF HUNTINGTON BEACH ;�•r 2000 MAIN STREET CAL.IFOR NIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY — CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: \JJ47-tJ LC,411 TO "mZ-2$"enmATTENTION �/ Me&C7 ?k-J N amc ; - N . F[-Du�E1� ST _ _ DEPARTMENT: street L� f�- 04 9 7-0 3 REGARDING: ,�-�f}SF F� �c.s oc.g4 c;ty. sure, Lip -w/3/ (,0774� 6E71J*V7,! Orr V6 7W4r C0L&AJ7V OCR.AVLXe See Attached Action Agenda Item fir/ Date of Approval j�S- A a D j/ Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Connie Brockway Cite `Clerk Attachments. Action Agenda Page Name Name Name Remarks L��= ��7hf'rtii f� f-ttLL �- E}I . C1tTF- CXZ &1 A; ?474= o /— T7'-l-E -)q—Lp Td ✓ Agreement ✓ Bonds Insurance RCA Deed Other F��A)� ✓ ✓ Department RCA AVucera Iruruutce Other Department Department Tame Department Name Department RCA AgeeKrs Insunu= Other RCA Agmune l Insu w1ce other RCA Agrevnc= Insurance Other RCA 1 Tete phone: 714-536-5227 ) (7) {January_5;.2004'- Council/Aplcy Agenda - Page 7 E. CONSENT CALENDAR All matters listed on the Consent Calendar are considered by the City Council and Redevelopment Agency to be routine and will be enacted by one motion in the form listed. Recommended Action: Approve all items on the Consent Calendar by affirmative roll call vote. tE-11 --LCIty Council -A rove Renewal -of Llcense Leases A reement Between the Cl and County of Orange for the Luis M: Ochoa Job Center Site -Transfer. Station' -No. 2 at 18131 Gothard Street (600.25) - Approve and authorize the Mayor and City Clerk to execute the License Agreement between the City of Huntington Beach and the County of Orange for a portion of Transfer Station No_ 2, located at 18131 Gothard Street in Huntington Beach. Submitted by the Economic Development Director. Funding Source- The $600.00 in annual license fees for use of this site is budgeted in the Business Development Division Account. ( Approved 7-0 ) E-2. (City Council) Accept 2003/2004 Department of Justice -Local Law Enforcement Block Grant (LLEBG) Award and Authorize Expenditures for Various Types of Police Safety Equipment (340.80) -1. Accept the total grant award of $84,070 from the Department of Justice for funding cycle 2003-2004 and appropriate funds; and 2. Establish a separate business unit for this funding; and 3. Authorize the Chief of Police to expend $84,070.00 plus any accrued interest on Police Department Officer Safety Equipment as described. (Types of equipment include tasers, patrol rifles, SWAT tactical vests, pepper ball rifles, ballistic helmets, crowd control shields, and 40 mm specialty impact launchers.) Submitted by the Chief of Police. Funding Source: A 10% City match of $8,407.00 is required and is within the Police Department's 2003-2004 budget. Approved 7-0 E-3.' (City Council) Approve Locals Night Downtown Free Parking Trial Promotion for Tuesday Nights in February or March in the Main Promenade Parking Structure ( . ) - ApPFeve-Le Tuesdays.thFough !he EcenemiG Development DepaameAt budget. The usage of the Geupes Pulled from agenda - to return at a date uncertain 7-0 Council/Agency Meeting Held: Deferred/Continued to: 3"roved ❑ Conditionally Approved ❑ Denied City rk's nature Council Meeting Date: January 5, 2004 Department ID Number: ED 04-01 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS ` SUBMITTED BY: RAY SILVER, City Administrator e4:� _ PREPARED BY: David C. Biggs, Director of Economic Development �- r SUBJECT: Approve Renewal of License (Lease) Agreement between City of Huntington Beach and County of Orange for the Luis M. Ochoa Job Center Site Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The original five (5) year License Agreement with the County of Orange to use its site on Gothard Street has expired- The City Council is requested to approve the renewal of a License (Lease) Agreement to enable continued operations of the Luis M. Ochoa Job Center at its existing location. Funding Source: The $600 in annual license fees for use of this site is budgeted in the Business Development Division Account No. 10080101.69505- Recommended Action: Motion to: 1. Approve and authorize the City Clerk and Mayor to execute the License Agreement between the City of Huntington Beach and the County of Orange for a portion of Transfer Station #2, located at 18131 Gothard Street in Huntington Beach. Alternative Action(s): Do not approve the recommended action. Analysis: In September 1999, the Huntington Beach Community Job Center at 18131 Gothard, opened for business. From that time, it has been a safe, central location for day laborers to meet with prospective employers to arrange for temporary work. The Huntington Beach Police Department was instrumental in the formation of the Job Center, and directly managed the Center until July 2001, when the Department of Economic Development assumed that responsibility. On December 17, 2002, the Center was renamed the Luis M. Ochoa Job Center, in honor of Lt. Ochoa who retired from the Huntington Beach Police Department after 37 years of distinguished service, and who personally had led the efforts to first establish the Center that now bears his name. E-\ AUEST FOR COUNCIL ACTIA MEETING DATE: January 5, 2004 DEPARTMENT ID NUMBER: ED 04-01 To increase the usage of the Center, the City has increased its level of marketing and outreach. Posters have been distributed to home improvement stores; postcards and magnets are handed out to prospective clients at various events around the region; articles have been printed in the Sands, the Chamber of Commerce newsletter, and Community Connections: of late, the Central Library is handing out bookmarks promoting the Center's value to locals. To help expand the level of services offered at the Center, in .July 2001 the City contracted the day-to-day operation of the Job Center to the Orange County Workforce Investment Board/Regional One Stop Center. As the recipient of Federal job development and training funds, the One -Stop Center has been able to screen our daily clients for eligibility for longer - term employment. They have also expanded the hours of operations at the Center by over 50%, raised the average hourly wages paid to over $9, and instituted English as a second language classes for clients awaiting employment. All of this hard work has paid off in the Center's performance. Over the past three years, we have seen the placement rate into temporary employment for day laborers increase from approximately 40% to over 70%, and our total placements are up 13% this year from last, to over 4,200 through November 2003. The attached License agreement has been prepared by the County of Orange and approved as to form by our City Attorney. This agreement allows the City to continue operation of the Luis M. Ochoa Job Center on a portion of the County land at 18131 Gothard Street for $600.00 annually. It covers the five-year period from September 13, 2003 through September 12, 2008, with automatic annual extentions thereafter, unless and until cancelled by either party with a 30 day written notice. Environmental Status: NIA Attachment(s)• RCA Author: Iamb, 5186 G:Um\Job Centerlrca fwmd 0104_doc .2. 1211112003 10:53 AM License (Lease) Agreement 1. ATTACHMENT #1 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 PM 105-27-2 Transfer Station #2 LICENSE THIS LICENSE ("License") is made , 2003, by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY," and the CITY OF HUNTINGTON BEACH, a charter city and municipal corporation, organized and existing under the Constitution and la%N,s of the State of California, hereinafter referred to as "LICENSEE," without regard to number and gender. 1. 1 DEFINITIONS (PML2. i S) The following words in this License have the significance attached to them in this clause, unless otherwise apparent from context: "Board of Supervisors" means the Board of Supervisors of the County of Orange, a political subdivision of the State of California. "Auditor -Controller" means the Auditor -Controller of the County of Orange, or his designee. "Director of IWMD" means the Director, Integrated Waste Management Department, County of Orange, or upon written notice to LICENSEE, such other person or entity as shall be designated by the County Executive Office or the Board of Supervisor. "Risk Management" means the County Executive Office, Risk Management, County of Orange or upon written notice to LICENSEE, such other entity as shall be designated by the County Executive Officer or the Board of Supervisors. 2. TERM (N) This License shall become effective retroactively to September 13, 2003, and continue in effect through September 12, 2008. Thereafter, this License shall automatically renew each year on the 13t'' day of September for a further one-year term. Notwithstanding the above, COUNTY or LICENSEE may terminate this agreement at any time by giving thirty (30) days advance Aiitten notice. Such notice of termination shall be sent through the United States mail in the State of California, duly registered or certified, return receipt requested, with postage prepaid, and shall be deemed to have been served or delivered twenty-four (24) hours after the mailing as herein provided. 3.: LICENSE AREA (PML4.1 S) COUNTY grants to LICENSEE the non-exclusive right to use that certain property hereinafter referred to as "License Area," shown on "Exhibit A," which exhibit is attached hereto and by reference made a part hereof. RA qs HLNTBCHlobCentrr•2 DOC1WT03-1 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 4. USE (PML5.1 Nv LICENSEE's use of the License Area shall be limited to operation of a Job Center facility to pro%lde assistance for day laborers to obtain employment. The Job Center hours of operation are to be from 6:00 a.m. to 11:00 a.m., Monday through Saturday or as may be revised by LICENSEE upon prior written approval of the Director of I WIVfD. No permanent structures shall be constructed by LICENSEE within the License Area. COUNTY understands that LICENSEE intends to use an office trailer, portable sanitation units, and fencing. which LICENSEE previously placed within the License Area in accordance with the plan shown on Exhibit A. LICENSEE understands and agrees that COUNTY retains the right to enter upon the License Area and further agrees to allow COUNTY to place its own lock on LICENSEE's entrance gate to provide such access. LICENSEE acknowledges that License Area is the site of a former landfill and as a result the land may be subject to settling and generation of landfill gas. LICENSEE hereby agrees to indemnify and defend COUNTY and to hold COUNTY, its officers, employees, and contractors harmless from any loss. claims, liability, or costs arising out of or which may result from settling, generation of landfill gas, or any other damage or liability arising as a result of LICENSEE's use of the former landfill. Use of the site may be subject to regulation by the Local Enforcement Agency (LEA); California Regional Water Quality Control Board, Santa Ana Region (SARWQCB); South Coast Air Quality Management District (SCAQNID); or other regulators having jurisdiction over closed landfill sites. If any such regulators impose conditions as a result of LICENSEE's use of the site, LICENSEE shall be responsible to immediately comply %with such conditions at its sole expense. LICENSEE understands and agrees that the License Area may be inspected at any time by any regulatory agency that has jurisdiction over former solid waste landfills. LICENSEE shall be solely responsible for any requirements imposed by local enforcement or and• other regulatory agency as a result of LICENSEE's use of the License Area. LICENSEE agrees not to use the License Area for any other purpose nor to engage in or permit any other activity within or from the License Area. LICENSEE further agrees not to conduct or permit to be conducted any public or private nuisance in, on, or from the License Area, not to commit or permit to be committed waste on the License Area, and to comply with all governmental laws and regulations in connection with its use of the License Area. NO ALCOHOLIC BEVERAGES SHALL BE SOLD OR CONSUMED WITHIN THE LICENSE AREA. NO TOBACCO PRODUCTS SHALL BE SOLD OR CONSUMED WITHIN THE OFFICE TRAILER SITUATED IN THE LICENSE AREA. USE FEE (PML6.1 N) LICENSEE agrees to pay COUNTY from and after the effective date of this License the sum of Six Hundred Dollars ($600.00) per year as a fee for the use of the License Area. Said annual fee shall be payable in advance, without prior notice or demand, on each anniversary of the effective date of this License while this License is in effect without deduction or offset in lawful money of the United States. In the event the obligation to pay the fee terminates on some day other than the day prior to the RA:gs HUNTBCH]obCeetu-2 DOCIO/17/03-1 -2- 1 anniversary of the effective date of this License, the fee shall be prorated to reflect the actual period of use on the basis of a three hundred sixty-five (365) day year. 3 6. PAYMENT PROCEDURE (PML7.1 S) 5 All payments shall be delivered to the County of Orange, Integrated Waste Management Department, 320 7 North Flower Street, Suite 400, Santa Ana, California 92703-, Attn: Accounts Receivable. The designated place of payment may be changed at any time by COUNTY upon ten (10) days written notice to 9 LICENSEE. Fee payments may be made by check payable to the County of Orange. LICENSEE assumes all risk of loss if payments are made by mail. 11 No payment by LICENSEE or receipt by COUNTY of a lesser amount than the payment due shall be 13 deemed to be other than on account of the payment due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as payment be deemed an accord and satisfaction, 15 and COUNTY shall accept such check or payment without prejudice to COUNTY's right to recover the balance of said payment or pursue any other remedy in this License. 17 7. CHARGE FOR LATE PAYMENT (PML7.2 S) 19 LICENSEE hereby acknowledges that late payment of sums due hereunder will cause COUNTY to incur 21 costs not contemplated by this License, the exact amount of which will be extremely difficult to ascertain. Such -costs include but are not limited to costs such as administrative processing of delinquent notices, 23 increased accounting costs, etc. 25 Accordingly, if any payment pursuant to this License is not received by COUNTY by the due date, a late charge of one and one-half percent (1.5%) of the payment due and unpaid plus One Hundred Dollars 27 ($100.00) shall be added to the payment, and the total sum shall become immediately due and payable to COUNTY. An additional charge of one and one-half percent (1.5%) of said payment, excluding late 29 charges, shall be added for each'additional month that said payment remains unpaid. 31 LICENSEE and COUNTY hereby agree that such late charges represent a fair and reasonable estimate of the costs that COUNTY will incur by reason of LICENSEE's late payment. 33 Acceptance of such late charges (and/or any portion of the overdue payment) by COUNTY shall in no 35 event constitute a waiver of LICENSEE's default with respect to such overdue payment, or prevent COUNTY from exercising any of the other rights and remedies granted hereunder. 37 8. FENCING AND SECURITY PLAN (1`) 39 LICENSEE agrees that prior to commencing operations under this License Agreement, LICENSEE shall 41 submit to Director of IWIvID for approval a security plan for maintaining security of the License Area and of COUNTY improvements. Director of IWMD's approval shall not be unreasonably withheld. 43 LICENSEE agrees to maintain and repair at LICENSEE's expense perimeter fencing and gates around the License Area as a component of said security plan. 45 9. REGRADING (N) . 47 LICENSEE agrees that during the term of this License, it will re -grade the License Area, as needed, to 49 compensate for soil settlement, if any, by eliminating low spots and preventing storm water or water from R.4 qs HLJNTBCHJobCenter-2-DOM117/03-1 -3- 0 3' 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 other .sources from ponding in the License Area. Such re -grading shall be done upon request from the Director of IWMD consistent with landfill property drainage and erosion control standards and shall be done.at LICENSEE's sole expense. 10. FACILITY RELOCATION (N) LICENSEE agrees that in the event that the Director of IWMD finds it necessary to construct landfill gas, water quality, drainage or other improvements in the License Area, LICENSEE shall at LICENSEE's sole expense re -locate LICENSEE's improvements, structures and facilities as necessary to accommodate said construction. 11. RIGHT TO WORK AND MINIMUM WAGE LAWS (S) In accordance with the United States Immigration Reform and Control Act of 1986, LICENSEE shall require its employees that directly or indirectly service the License Area, pursuant to the terms and conditions of this License, in any manner whatsoever, to verify their identity and eligibility for employment in the United States. LICENSEE shall also require and verify that its contractors or any other persons servicing the License Area, pursuant to the terms and conditions of this License, in any manner whatsoever, verify the identity of their employees and their eligibility for employment in the United States. Pursuant to the United States of America Fair Labor Standard Act of 1939, as amended, and State of California Labor Code, Section 1178.5, LICENSEE shall pay no less than the greater of the Federal or California Minimum Wage to all its employees that directly or indirectly service the License Area, in any manner whatsoever. LICENSEE shall require and verify that all its contractors or other persons servicing the License Area on behalf of the LICENSEE also pay their employees no less than the greater of the Federal or California Minimum Wage. LICENSEE shall comply and verify that its contractors comply with all other Federal and State of California laws for minimum wage, overtime pay, record keeping, and child labor standards pursuant to the servicing of the License Area or terms and conditions of this License. Notwithstanding the minimum wage requirements provide for in this clause, LICENSEE, where applicable; shall comply with the prevailing wage and related requirements, as provided for in the CIause (LABOR CODE COMPLIANCE) of this License. 12. LABOR CODE COMPLIANCE (S) LICENSEE acknowledges and agrees that all Work required to be performed as a condition of this'License or any such future improvements or modifications performed by LICENSEE shall be governed by, and performed in accordance with, the provisions of Article 2 of Chapter 1, Part 7, Division 2 of the Labor Code of the State of California (Sections 1770, et seq.). These provisions are applicable to improvements or modifications costing more than One Thousand Dollars (S 1,000.00). Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the Orange County Board of Supervisors has obtained the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality applicable to this License for each craft, classification, or type of workman needed to execute the aforesaid improvements or modifications from the State Department of Industrial Relations. Copies of said prevailing wage rates may be obtained from the State o- California, Department of Industrial Relations, or COUNTY's Integrated Waste Management Department. RA qs 11UNTBCHJobCcntcr•_ DOCIOL-17/03-I -4- i 3 -5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 LICENSEE hereby agrees to pay or cause its contractors and/or subcontractors to pay said prevailing wage rates at all times for all improvements or -modifications to be completed within the License Area, and LICENSEE herein agrees that LICENSEE shall post, or cause to be posted, a copy of the most current, applicable prevailing wage rates at the site where the improvements or modifications are performed. Prior to commencement of any improvements or modifications, LICENSEE shall provide Integrated Waste Management Department with the applicable certified payroll records for all workers that will be assigned to the improvements or modifications. Said payroll records shall contain, but not be limited to, the complete name, address, telephone number, social security number, job classification, and prevailing wage rate for each worker. LICENSEE shall provide Integrated Waste Management Department bi-weekly updated, certified payroll records for all workers that include, but shall not be limited to, the weekly hours worked, prevailing hourly wage rates, and total wages paid. If LICENSEE neglects, fails, or refuses to provide said payroll records to Integrated Waste Management Department, such occurrence shall constitute an event of default of this License and COUNTY may, notwithstanding any other termination provisions contained herein, terminate this License. 13. UTILITIES (PML9.1 N) LICENSEE shall be responsible for and pay, prior to the delinquency date, all charges for utilities supplied to the License Area. 14. - INSURANCE (PML10.1 S) INSURANCE PROVISIONS LICENSEE agrees to purchase all required insurance at LICENSEE's expense and to deposit with the COUNTY certificates'of insurance, including all endorsements required herein, necessary to satisfy the COUNTY that the insurance provisions of this License have been complied with and to keep such insurance coverage and the certificates and endorsements therefore on deposit with the COUNTY during the entire term of this License. This License shall automaticall-,- terminate at the same time LICENSEE's insurance coverage is terminated. If within ten (10) days after termination under this Clause LICENSEE obtains and provides evidence of the required insurance coverage acceptable to Director of IWMD, this License may be reinstated at the sole discretion of Director of nVNID. LICENSEE shall pay COUNTY $200.00 for processing the reinstatement of this License. LICENSEE agrees that LICENSEE shall not operate on the License Area at any time the required insurance is not in full force and effect as evidenced by a certificate of insurance and necessary endorsements or, in the interim, an official binder being in the possession of Director of PY MD. In no cases shall assurances by LICENSEE, its employees, agents, including any insurance agent, be construed ac adequate evidence of insurance. Director of IWMD will only accept valid certificates of insurance and endorsements, or in the interim, an insurance binder as adequate evidence of insurance. LICENSEE also agrees that upon cancellation, termination, or expiration of LICENSEE's insurance, COUNTY may take whatever steps are necessary to interrupt any operation from or on the License Area until such time as the Director of IWMD reinstates the LICENSE. If at any time during the term of the License, LICENSEE has failed to provide Director of IWMD with a certificate of insurance and endorsements, or binder, the parties agree this shall constitute a material breacr permitting COUNTY, whether or not notice of default has or has not been sent to LICENSEE, to tape whatever steps necessary to interrupt any operation from or on the License Area, and to prevent any RA-qs HVNTBCHIobCenter-2-t)0CE0.1103-) -5- I 1 L 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 persons, including, but not limited to, members of the general public, and LICENSEE's employees and agents, from entering said Licensed Area until such time as Director of IWMD is provided with adequate evidence of insurance. LICENSEE further agrees to hold COUNTY harmless for any damages resulting from such interruption of business and possession, including, but not limited to, damages resulting from any loss of income or business resulting from the COUNTY's action. All contractors performing work on behalf of LICENSEE pursuant to this License shall obtain insurance subject to the same terms and conditions as set forth herein far LICENSEE. LICENSEE shall not allow contractors or subcontractors to work if contractors have less than the level of coverage required by the COUNTY from the LICENSEE under this License. It is the obligation of the LICENSEE to provide notice of the insurance requirements to every contractor and to receive proof of insurance prior to allowing any contractor to begin work. Such proof of insurance must be maintained by LICENSEE through the entirety of this License for inspection by COUNTY representative at any reasonable time. If automobile liability is not required of the LICENSEE, it shall still be required by any contractors performing public works (construction) contracts. Minimum limits shall be One Million Dollars (S 1,000,000.00) combined single limit per occurrence for all owned, non -owned and hired vehicles. All insurance policies required by this License shall declare any deductible or self -insured retention (SIR) in an amount in excess of Twenty -Five Thousand Dollars ($25,000.00) (Five Thousand Dollars ($5,000) for automobile liability), which shall specifically be approved by Risk Management. LICENSEE shall be responsible for reimbursement of any deductible to the insurer. Any self -insured retentions (SIRS) or deductibles shall be clearly stated on the certificate of insurance. If the LICENSEE fails to maintain insurance acceptable to the COUNTY for the full term of this License, the COUNTY may terminate this License. Qualified Insurer The policy or policies of insurance must be issued by an insurer licensed to do business in the state of California (California Admitted Carrier). Minimum insurance company ratings as determined by the most current edition of the Best's Key Rating CuidefFropertv.-CasualtyfUnited States or ambest.com shall be A- (Secure Best's Rating) and VIII (Financial Size Category). If the carrier is a non -admitted carrier in the state of California, Risk Management retains the right to approve or reject carrier after a review of the company's performance and financial ratings. 1/ II R4-Gs HLf\' BCHJobCcnter-2 DX1017103.1 -6- 11 i The policy or policies of insurance maintained by the LICENSEE shall provide the minimum limits and coverage as set forth below: 3 Coverage 5 — — 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 Commercial General Liability with broad form property damage and contractual liability Workers' Compensation Employers' Liability Insurance Minimum Limits $1,000,000 combined single limit per occurrence $2,000,000 aggregate Statutory S 1,000,000 per occurrence All liability insurance required by this License shall be at least One Million Dollars ($1,000,000.00) combined single limit per occurrence. The minimum aggregate limit for the Commercial General Liability policy shall be Two Million Dollars (S2,000,000.00). The County of Orange shall be added as an additional insured on all insurance policies required by this License with respect to work done by the LICENSEE under the terms of this License (except Workers' Compensation/Employers' Liability). An additional insured endorsement evidencing that the County of Orange is an additional insured shall accompany the certificate of insurance. All insurance policies required by this License shall be primary insurance, and any insurance maintained b the County of Orange shall be excess and non-contributing with insurance provided by these policies. An endorsement evidencing that the LICENSEE's insurance is primary and non-contributing shall specifically accompany the certificate of insurance for the Commercial General Liability. All insurance policies required by this License shall give the County of Orange thirty (30) days notice in the event of cancellation. This shall be evidenced by an endorsement separate from the certificate of insurance. In addition, the cancellation clause must include language as follows, which edits the pre- printed ACORD certificate: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR VO TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TON A 71 SUCH NOTICE SHALL T T r, IPOSE NQ OBLIGATION 0 LIABILITY OF ANY- K94D UTON — HE CQNPAAA ,—ITS— EN'T nR D>tiDDESEA17AT__III� All insurance policies required by this License shall waive all rights of subrogation against the County o,, Orange and members of the Board of Supervisors, its elected and appointed officials, officers, agents an( employees when acting within the scope of their appointment or employment. The -Commercial General Liability policy shall contain a severability of interests clause. 1!H RA qs HEJNTi3CHJobCcntcr-2 DOC10.17t03-1 -7- 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 The LICENSEE is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Workers' Compensation or be self -insured in accordance with provisions of that code. The LICENSEE will comply with such provisions and shall furnish the COUNTY satisfactory evidence that the LICENSEE has secured, for the period of this License, statutory Workers' Compensation insurance and Employers' Liability insurance with minimum limits of One Million Dollars (SI,000,000.00) per occurrence. Insurance certificates should be forwarded to the COUNTY's Integrated Waste Management District; Attu: Director, as listed in Clause 20 (NOTICES) of this License. LICENSEE has fourteen (14) days to provide adequate evidence of insurance or this License may be cancelled. COUNTY expressly retains the right to require LICENSEE to increase or decrease insurance of any of the above insurance types throughout the term of this License. Any increase or decrease in insurance will be as deemed by County of Orange Risk Management as appropriate to adequately protect COUNTY. COUNTY shall notify LICENSEE in writing of changes in the insurance requirements. If LICENSEE does not deposit copies of acceptable certificates of insurance and endorsements with COUNTY incorporating such changes within thirty (30) days of receipt of such notice, this License may be in breach without further notice to LICENSEE, and County shall be entitled to all legal remedies. The procuring of such required policy or policies of insurance shall not be construed to limit LICENSEE's liability hereunder nor to fulfill the indemnification provisions and requirements of this License. The County of Orange Certificate of Insurance and the Special Endorsement for the County of Orange can be utilized to verify compliance with the above -mentioned insurance requirements in place of commercial insurance certificates and endorsements. LICENSEE may elect to self -insure provided such self-insurance meets or exceeds all provisions of this Section (INSURANCE), throughout the term of this License and is in a form acceptable to Risk Management and Director of IWMD. If LICENSEE elects to self -insure for this License, in addition to and without limitation of any other pro -vision of this agreement, LICENSEE agrees to all of the following: A. The duty to defend COUNTY from any liability claim or suit to which this agreement applies, is broader than LICENSEE's duty to indemnify; and B. LICENSEE shall have the right and duty to defend COUNTY from any and all liability claims or suits if there is any potential for indemnity under this agreement on any conceivable theory; and C. The provisions of California Civil Code, Section 2860 shall apply to any action which is covered by the duty to defend in this agreement and said provisions shall be interpreted as though LICENSEE was an insurer and COUNTY was the insured. 11 11 RA-qs HUNTBCHJobCentcr-2-OOC 10 1 7/03-1 -9- 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 15. OPERATIONS (PMLI1.1 N) LICENSEE shall, to the satisfaction of COUNTY, keep and maintain the License Area and all improvements of any kind installed by LICENSEE in good condition and in substantial repair. It shall be LICENSEE's responsibility to take all steps necessary or appropriate to maintain such standard of condition and repair. LICENSEE expressly agrees to maintain the License Area in a safe, clean, wholesome, and sanitary condition, to the complete satisfaction of COUNTY and in compliance with all applicable laws. LICENSEE further agrees to provide approved containers for trash and garbage and to keep the License Area free and clear of rubbish and litter. COUNTY shall have the right to enter upon and inspect the License Area at any time for cleanliness and safety. LICENSEE shall designate in writing to COUNTY an on -site representative who shall be responsible for the day-to-day operation and level of maintenance, cleanliness, and general order. If LICENSEE fails to maintain or make repairs or replacements as required herein, COUNTY may notify LICENSEE in w-riting of said failure. Should LICENSEE fail to correct the situation within a reasonable time thereafter as established by Director of IWIMD, the Director of IWMD may have the necessary correction made and the cost thereof, including but not limited to the cost of labor, materials, and equipment and administration, shall be paid by LICENSEE within ten (10) days of receipt of a statement of said cost from Director of RVMD. Director of IWMD may, at Director of RYIvfD's option, choose other remedies available herein, or by law. 16. HAZARDOUS MATERIALS (S) A. Definition of Hazardous Materials. For purposes of this License, the term "Hazardous Material" or "Hazardous Materials" shall mean any hazardous or toxic substance, material, product, byproduct, or waste which is or shall become regulated by any governmental entity, including, without limitation, the COUNTY acting in its governmental capacity, the State of California, or the United States government. B. Use of Hazardous Materials. LICENSEE or LICENSEE's employees, agents, independent contractors or invitees (collectively "LICENSEE PARTIES") shalt not cause or permit any Hazardous Materials to be brought upon, stored, kept, used, generated, released into the environment or disposed of on, under, from, or about the License Area (which for purposes of this clause shall include the subsurface soil and ground water). Notwithstanding the foregoing, LICENSEE may keep on or about the License Area small quantities of Hazardous Materials that are used in the ordinary, customary, and lawful cleaning of and business operations on the License Area. Said permitted Hazardous Materials shall be stored in a safe location and shall be disposed of in a manner provided by law. C. LICENSEE Obligations. If the presence of any Hazardous Materials on, under or about the License Area caused or permitted by LICENSEE or LICENSEE PARTIES results in (i) injury to any person, (ii) injury to or contamination of the License Area (or a portion thereof), or (m) injury to or contamination or any real or personal property wherever situated, LICENSEE, at its sole cost and expense, shall promptly take all actions necessary or appropriate to return the License Area to the condition existing prior to the introduction of such Hazardous Materials to the License Area and to remedy or repair any such injury or contamination. Without limiting any other rights or remedies of COUNTY under this License, LICENSEE shall pay the cost of any cleanup or remedial work performed on, under, or about the License Area as required by this License or by applicable laws in connection with the removal, disposal, neutralization or RA.gs HUI11BCIfJobCrnser-2.DOCIO.'t7103-E .9- 16 31 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 other treatment of such Hazardous Materials caused or permitted by LICENSEE or LICENSEE PARTIES. Notwithstanding the foregoing, LICENSEE shall not take any remedial action in response to the presence, discharge or release of any Hazardous Materials on, under or about the License Area caused or permitted by LICENSEE or LICENSEE PARTIES, or enter into any settlement agreement, consent decree or other compromise with any governmental or quasigovernmental entity without first obtaining the prior written consent of COUNTY. All work performed or caused to be performed by LICENSEE as provided for abovs shall -be done in a good and workmanlike manner and in compliance with plans, specifications, permits and other requirements for such work approved by COUNTY. D. Indemnification for Hazardous Materials. To the fullest extent permitted by law, LICENSEE hereby agrees to indemnify, hold harmless, protect and defend (with attorneys acceptable to COUNTY) COUNTY its elected officials, officers, employees, agents and independent contractors and the License Area, from and against any and all liabilities, losses, damages (including, but not limited to, damages for the loss or restriction on use of rentable or usable space or any amenity of the License Area or damages arising from any adverse impact on marketing of the License Area), diminution in the value of the License Area, judgments, fines, demands, claims, recoveries, deficiencies, costs and expenses (including, but not limited to, reasonable attorneys fees, disbursements, and court costs and all other professional or consultant's expenses), whether foreseeable or unforeseeable, arising directly or indirectly out of the presence, use, generation, storage, treatment, on or off -site disposal or transportation of Hazardous Materials, on, into, from, under, or about the License Area by LICENSEE or LICENSEE PARTIES. The foregoing indemnity shall also specifically include the cost of any required or necessary repair, restoration, clean up or detoxification of the License Area and the preparation of any closure or other required plans. All LICENSEE's indemnity obligations arising pursuant to this section shall survive the termination of the AGREEMENT. 17. VEHICLE CONTROL AND PARKING (N) LICENSEE understands and agrees that due to former landfill maintenance requirements, motor vehicle parking within the License Area must be restricted. Licensee may allow motor vehicles to park within the License Area in as many as six (6) marked parking spaces, which spaces must be on the portion of the License Area that is paved with asphalt. Drainage from those parking spaces must flow away from the former landfill toward Gothard Street. Any other parking of motor vehicles within the License Area is prohibited. LICENSEE agrees to provide adequate staff to control traffic in the License Area. 18. COUNTY IMPROVEMENTS (N) LICENSEE agrees to protect in place COUNTY's existing and future improvements and infrastructure within the License Area. LICENSEE shall be solely responsible for the cost of repair or replacement of COUNTY's improvements if such improvements are damaged due to LICENSEE's use of the License Area. WER LLMITATION OF THE LICENSE (PML13-1 S) This License and the rights and privileges granted LICENSEE in and to the License Area are subject to all covenants, conditions, restrictions, and exceptions of record or apparent from a physical inspection of the License Area. Nothing contained in this License or in any document related hereto shall be construed to P.a 4s HU%TE3cHJobCn1eT-2 oocIa'17r03-1 ®i 0 0 1 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 imply the conveyance to LICENSEE of rights in the License Area which exceed those owned by COUNTY. 20. NOTICES (PML14.1 S) All notices pursuant to this License shall be addressed as set forth below or as either party may hereafter designate by written notice and shall be sent through the United States mail in the State of California duly registered or certified with postage prepaid. If any notice is sent by registered or certified mail, as aforesaid, the same shall be deemed served or delivered twenty-four (24) hours after mailing thereof as above provided. Notwithstanding the above, COUNTY may also provide notices to LICENSEE by . personal delivery or by regular mail -and any such notice so given shall be deemed to have been given upon receipt. TO: COUNTY TO: LICENSEE Integrated Waste Management Department City of Huntington Beach 320 N. Flower Street P.O. Box 70 Santa Ana, CA 92703 Huntington Beach, CA 92648 Attention: Director Attention: 21. ATTACHMENTS TO LICENSE (PML15.1 S) This License includes the following, which are attached hereto and made a part hereof. I. GENERAL CONDITIONS II. EXHIBIT A 11 11 1/ I1 , 11 11 kA qs HUNTBCHlobCenrer-2 DOCIQ/17103.1 1 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 IN WITNESS WHEREOF, the parties have executed this License the day and year first above written. LICENSEE APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH YZ, 3 city Attorney a,-+% By jl' or REVIEWED AND APPROVED: ATTEST: By J � Cam—. !- - City dministrator INITIATED AND APPROVED: By 2 Director of Economic Development APPROVED AS TO FORM: County Counsel Im Deputy Date RECOMMENDED FOR APPROVAL Integrated Waste Management Department By SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. By - Darlene J. Bloom Clerk of the Board of Supervisors of Orange.County, California B C_oh171C- 061 City Clerk COUNTY COUNTY OF ORANGE By Chairman of the Board of Supervisors RA.gs 11Uti78C1-1JobCenler-2 DOC10!17/03.1 -12- 3 5 7 91 11 I 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 II. GENERAL CONDITIONS (PMLGI-15 S) 1. PERMITS AND LICENSES (PMLGI S) LICENSEE shall be required to obtain any and all permits and/or licenses which may be required in connection with the operation of the License Area as set out herein. No permit, approval, or consent given hereunder by COUNTY, in its governmental capacity, shall affect or limit LICENSEE's obligations hereunder, nor shall any approvals or consents given by COUNTY, as a party to this Agreement, be deemed approval as to compliance or conformance with applicable governmental codes, laws, rules, or regulations. 12. SIGNS (PMLG2 S) LICENSEE agrees not to construct, maintain, or allow any signs, banners, flags, etc., upon License Area except as approved by Director of IWMD. Unapproved signs, banners, flags, etc., may be removed. 3. LICENSE ORGANIZATION (PMLG3 S) The various headings and numbers herein, the grouping of provisions of this License into separate clauses and paragraphs, and the organization hereof, are for the purpose of convenience only and shall not be considered otherwise. 4. AMENDMENTS (PMLG4 S) This -License is the sole and only agreement between the parties regarding the subject matter hereof, other agreements, either oral or written, are void. Any changes to this License shall be in writing and shall be properly executed by both parties. 5. UNLAWFUL USE (PMLG5 S) LICENSEE agrees no improvements shall be erected, placed upon, operated, nor maintained on the License Area, nor any business conducted or carried on therein or therefrom, in violation of the terms of this License, or of any regulation, order of law, statute, bylaw, or ordinance of a governmental agency having jurisdiction. 6. INSPECTION (PMLG6 S) COUNTY or its authorized representative shall have the right at all reasonable times to inspect the operation to determine if the provisions of this License are being complied with. 7. NDEMNIFICATION (PMLG7 S) LICENSEE hereby waives all claims and recourse against COUNTY including the right of contribution for loss or damage of persons or property arising from, growing out of, or in any way connected with or related to this License except claims arising from the concurrent active or sole negligence of COUNTY, its officers, agents, and employees. LICENSEE hereby agrees to indemnify, hold harmless, and defend COUNTY, its officers, agents, and employees against any and all claims, loss, demands, damages, cost, expenses, or liability costs arising out of the operation, use, or maintenance of the License Area by RA-qs HUNTBCHJobCenw-2 DOC1047-03 -1- Ll • 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 LICENSEE, its officers, agents, or employees, and/or LICENSEE's exercise of the rights under this License, except for liability arising out of the concurrent active or sole negligence of COUNTY, its officers, agents, or employees, including the cost of defense of any lawsuit arising therefrom. In the event COUNTY is named as co-defendant, LICENSEE shall notify COUNTY of such fact and shall represent COUNTY in such legal action unless COUNTY undertakes to represent itself as co-defendant in such legal action, in which event LICENSEE shall pay to COUNTY its litigation costs, expenses, and attorney's fees. In the event judgment is entered against COUNTY and LICENSEE because of the concurrent active negligence of COUNTY and LICENSEE, their officers, agents, or employees, or in the event -there is other final disposition of legal action against COUNTY and LICENSEE, an apportionment o liability to pay such judmnent shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment of liability, except if a third party in the action requests a jury determination of less than all of the issues in the action. Iu TAXES AND ASSESSMENTS (PMLG8 S) Although not anticipated. should this License create a possessory interest which is subject to the payment of taxes levied on such interest, it is understood and agreed that all taxes and assessments (including but n limited to said possessory interest tax) which become due and payable in connection with this License or upon fixtures, equipment, or other property used in connection with this License, shall be the full responsibility of LICENSEE, and LICENSEE shall cause said taxes and assessments to be paid promptly. 9. PARTIAL INVALIDITY (PMLG9 S) If any term, covenant, condition, or provision of this License is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 10. WAIVER OF RIGHTS (PMLG10 S) The failure of COUNT- to insist upon strict performance of any of the terms, covenants, or conditions of this License shall not be deemed a waiver of any right or remedy that COUNTY may have, and shall not be deemed a waiver of the right to require strict performance of all the terms, covenants, and conditions of the License thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant, or condition of the License. Any waiver, in order to be effective, must be signed by the party whose not or remedy is being waived. 11. GOVERNING LAW AND VENUE (S) This agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. 11 11 RA qs HUtiTBC �UobCemer-2 D--C 10-I ;-03 -2- • 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 12. CONDITION OF LICENSE AREA UPON TERMINATION (PMLG12 S) Except as otherwise agreed to herein, upon termination of this License, LICENSEE shall redeliver possession of said License Area to COUNTY in substantially the same condition that existed immediately prior to LICENSEE's entry thereon, reasonable wear and tear, flood, earthquakes, war, and any act of war excepted. 13. DISPOSITION OF ABANDONTED PERSONAL PROPERTY (PMLG13 S) If LICENSEE abandons the License Area or is dispossessed thereof by process of law or otherwise, title to any personal property belonging to LICENSEE and left on the License Area ten (10) days after such event shall be deemed, at COUNTY's option, to have been transferred to COUNTY. COUNTY shall have the right to remove and to dispose of such property without liability therefor to LICENSEE or to any person claiming under LICENSEE, and shall have no need to account therefor. 14. TIME OF ESSENCE (PMLG14 S) Time is of the essence of this License Agreement. Failure to comply with any time requirements of this License shall constitute a material breach of this License. 15. NO ASSIGNMENT (PMLG15 S) The License granted hereby is personal to LICENSEE and any assignment of said license by LICENSEE, voluntarily or by operation of law, shall automatically terminate the License granted hereby. 11 11 11 11 11 RA qs HUN BCHJobCenia-2-DOCIO-17-03 -3- 0 Is c: 0 C, V) tA u -K PROPOSED NEW ITEMS IN RED DIRT BERM Methane Gas Mitigation Area - - -------- --, DIRT ACCESS ROAD DRIVE THRU TRANSFER 'PIT 18131 Gothard R X 26- DRIVE THRU TRANSFER PIT A, w w U. LL 0 PROPOSEQ C2 uu j FENCING FA PORTA 9 Ivy, 4 It t-1 4" --PROBES -vow, RCA ROUTING SHEET INITIATING DEPARTMENT: Economic Development SUBJECT: License (Lease) Agreement for Job center COUNCIL MEETING DATE: January 5, 2003 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wfexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attome Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attome Not Applicable Financial Impact Statement (Unbud et, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Re ort If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORMRDED Administrative Staff Assistant City Administrator initial City Administrator initial vP�ty City Clerk EXPLANATION FOR RETURN OF ITEM: RCA Author: .0 y Integrated Waste Management Department '1Y J 2 John W. Sibley, Director ��fFOA��t 320 North Flower Street • Suite 400 a Santa Ana California 92703 • (714) 834-4000 �c.oC_Ci�._t;(_1 t f:m and June 6, 2000 ti T C C y7 -i Lieutenant Luis Ochoa ` City of Huntington Beach -Police Department 2000 Main Street. -- �'T PO Box 70 1• �' Huntington Beach, CA 92648 Subject: Annual Use Fee for Job Center at 18131 Gothard Street License dated September 16, 1998 (PM 105-27) Dear Lieutenant Ochoa: Regarding the subject annual use fee, we have no record that the annual fee was paid in 1998 or in 1999. The fee is payable on or before September 16 of each year. Please have the appropriate City staff contact Bren Greenhalgh in our accounting group to arrange to bring the City's payment obligations up to date (Bren Greenhalgh - 714-834-4182). You may also contact me at 714-834-4053. Sincerely 4" Richard Acker Management Services cc: City Clerk, City of Huntington Beach Bren Greenhalgh Suzanne McClanahan Ron Pierre J� F�f MUYT1W.T0N StA(H baa . as �fI L�9 9,6zo- nj y • fPP,eur lresenftiL G dh ec aXnad�ecs[ a 01 a�� CITY OF HUNTINGTON BEACH ,ludre e, a. v� v � � oc r�.s INTER -DEPARTMENT TO: Mayor and City Council Members o�, u A4, CW021" COMMUNICATION %J" eenrer_ is &'eiveautea coy io.q a k M. J. j» v 1999 J v Via: RAY SILVER, CITY ADMINISTRATOR CITY OFHL�tiTrIVGTONBEACH AIA41WSTRATIVE OFFICE FROM: RONAI.D E. LOWENBERG CHIEF OF POLICE DATE: AUGUST 5, 1999 SUBJECT: COMMUNITY JOB CENTER UPDATE The final construction phase of the Community Job Center located at 18131 Gothard will be completed on August G, 1999. Two prospective Job Center employees have been selected and will start the hiring process next week. It is anticipated the hiring and training phase for both employees will take approximately one month to conclude prior to the official opening. The official opening for the Job Center is scheduled for Wednesday, September 15, 1999 at 10:30 am. A ribbon cutting and brief ceremony is planned and light refreshments will be provided. REL99850/mm i 0 (5) 08/03/98 - Council/Agency Agenda - Page 5 E. CONSENT CALENDAR All matters listed on the Consent Calendar are considered by the City Council and Redevelopment Agency to be routine and will be enacted by one motion in the form listed RecommendedAction: Approve all items on the Consent Calendar by affirmative roll call vote- E-1.(City CouncillRedevelo ment Agency) Minutes - Approve and adopt the minutes of the City Council/Redevelopment Agency regular meeting of July 6, 1998 as written and on file in the Office of the City Clerk Submitted by the City Clerk [Approved and Adopted 6-01 E-2. (City Council) Youth Board Appointments/Reappointments (110.20) - 11. Reappoint the following students for a one-year term on the Huntington Beach Youth Board for the 98/99 term Melissa Doyle, Ocean View High School; Camellia Noor, Huntington Beach High School. 2. Appoint the following students to a one-year term on the Huntington Beach Youth Board for the 98199 term: Daisy Yu, Edison High School; Kathleen Hacker, At -large; Ryan Foland, Marina High School; Jeff Hung, At -large; Jennifer Alban, At -large; Bryce Boucher, At -large-, Nicole Young, At -large. Submitted by the Community Services Director [APProved 6-01 E-3. (City Council) Approve Lease (License) Agreement Between The City Of Huntington Beach And The County Of Orange For The Job_ Center Site - (PM 10527 - Transfer Station ##2) (600-25) - 1. Approve the lease (license) agreement between the City of ,Huntington Beach and the County of Orange for use of property, AP No. 111-071-35 a portion, shown as Attachment No 2 to the Request for City Council Action dated August 3, 1998; and 2. Authorize the Mayor and City Clerk to execute the lease agreement 'between the City of Huntington Beach and the County of Orange for use of property at such time the Employment Solicitation Ordinance becomes effective on September 2, 1998. Submitted by the Chief of Police [Approved 5--1 (Sullivan: No)] E-4. (City Council] Aoorove Award Of Professional Services Consulting Contract For The Huntington Beach Pier Buildings Proiect To Dougherty_ & Dougherty - Consultants For Architectural Services - CC-883 - Approve Budget Amendment (600.10) -1. Approve staffs selection of Dougherty & Dougherty Consultants. (a Professional Architectural Firm) to perform the work as outlined in the Request for Proposals for Professional Architectural Services dated March, 1998-, and approve and authorize execution of the Professional Architectural Services Contract Between the City of Huntington Beach and Dougherty and Dougherty for Architectural Services to Design and Develop Construction Plans and Specifications for Four Pier Buildings; and 2. Authorize the Director of Public Works to expend $68,026 to cover contract costs of $57.726. estimated contingency costs of $5,800 and supplemental expenditures of $4.500 and 3. Approve an amendment to the Fiscal Year 97198 budget to allocate $68.026 from the Pier Fund for design development, environmental processing, preparation of construction documents and renderings for the Huntington Beach Pier Buildings Project- Submitted by the Public Works Director and the Communitv Services Director [Appro ved 6-0] 0 0 �, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSrVIITTAL OF ITEM APPROVED BY THE, CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: A u G 1[s T_ TO: r�1�e ATTENTION: J/ ,,,ee e- r-ot) Name ayZ. -,A--,0azeX I)FPARTMENT: str t (�91rn YYi/tc-, �a?TQ EGARDIKG:1P4Se f 1,� fir L aG City. State,7,ip N2(A( /N67DW ,Cede// 4,nO E COr.Wi'y O�QBBNIe� dGA tji 7-e . See Attached Action Agenda Item Z 3 Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Connie Brockway City Clerk Attachments: Action Agenda Page CC: /a u)t' w,6 ex Cy Name Name Remarks: al Agreement ,/ Bonds Insur ce RCA Deed Other R nab o i C e� c. Ikpartmcnt RCA Agreemem Insurance 01her Department RCA A6nccmcnt Insurance Other Dame rkpartmcnt RCA Agreernenr lnsurancr Other '.Jame [kpartment RCA Agrmaent Insurance Other Risk Ntana.-cmcn1 Depr Insurance Received by Name - Company Name - Date 6: F u I lukwup%covcr I tr f Waphone: 714-536-5227 i 0 MEETING DATE: August 3, 1998 DEPARTMENT ID NUMBER: PD98-105 Council/Agency Meeting Held: 1?6pgyp' rred/Continued to: Zpproved.,0 o itionally Ynrd ❑ Denied °' Clerk's Signature Council Meeting Date: August 3, 1998 Department ID Number. PDW105 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, CITY ADMINISTRATOR41Ro PREPARED BY: R. E. LOWENBERG, CHIEF OF POLICE 44 SUBJECT: APPROVE LEASE AGREEMENT BETWEEN TIJE CITY OF HUNTINGTON BEACH AND THE COUNTY ORANGE FOR THE JOB CENTER SITE. Statement or Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attactment(s) Statement of Issue: This lease agreement between the City of Huntington Beach and the County of Orange needs to be approved by the City Council before the City can begin its job center project. Funding Source: 1. CBGF, E-HP-ED-83M-39-00, for the $40,000 for purchase and placement of portable structures upon the property. 2. CBGF, E-HP-ED-8384-10 for the $1,500 permit expenselproces sing fee 3. CBGF, E-HR-ED-839-3-81-00 for the rental expense. JOBCTR2.DOC -2- 07/23/98 9:45 AM REQUEST FOR ACTION • MEETING DATE: August 3, 1998 DEPARTMENT ID NUMBER: PD98-105 Recommended Action: 1. Motion to approve the lease (license) agreement between the City of Huntington Beach and the County of Orange for use of property, AP #111-071-35 a portion, shown as Attachment #2 to the request for Council action dated August 3, 1998. 2. Motion to authorize the City Clerk and Mayor to execute the lease agreement between the City of Huntington Beach and the County of Orange for use of the property at such time the Employment Solicitation Ordinance becomes effective on September 2, 1998. Altemative Action(s): Do not approve the recommended action. Analysis: This Request for Council Action is for approval of a lease agreement between the City of Huntington Beach and the County of Orange (Attachment 1) for property to locate a job center on Gothard Street at a former Orange County waste disposal station, AP #111-071- 35 a portion, shown as Attachment 2. A brief summary of the terms of the lease agreement are as follows: 1. City to pay $600.00 per year for use of the property, payable one year in advance. 2. Use of land limited to operation of the job center. 3. No permanent structures to be erected by the City. 4. City to indemnify County for liability arising out of City's use of the property_ 5. City to comply with all laws and regulatory regulations. 6. City to maintain the property. 7. County retaining right to inspect property. The cost of the lease payments for the first year are budgeted in the current CDBG budget for the Job Center project. The costs, according to CDBG regulations, are considered a public-service, as rent is considered an operational cost and is subject to the Public Services in the CDBG program. The processing fee of $1,500 under the license agreement will be funded out of CBGF Account #E-HP-ED-838-4-10-00 and the rental cost for the first year will be funded out of Account #E-HR-ED-839-3-81-00. JOBUR2.1DOC -3- 0712419810:29 AM • REQUEST FOR ACTION i MEETING DATE: August 3, 1998 DEPARTMENT ID NUMBER: PD98-105 A Conditional Use Permit (C.U.P.) for the establishment of the job center was approved by the Planning Commission on July 14, 1998. The funds for the job center, forty thousand dollars ($40,000), are for the purchase and -placement of portable -structures upon the property. These funds are budgeted in account number E-HP-ED-838-6-39-00. Because portable buildings are placed upon the property, no environmental impact to the site is anticipated. Furthermore, the project is being recommended by the Citizen Participation Advisory Board, who unanimously recommended funding for the staffing of the project to the Council for the 1997/1998 Action Plan as a public service activity. The idea for the job center developed as a result of complaints received over the years from residents and business owners of the increasing number of day laborers seeking temporary employment in specific areas of the city. The primary areas affected are Slater Avenue between Beach Blvd. and Nichols Street; Delaware Street between Main Street and Ellis Avenue (Loehman's Plaza); and Home Depot parking lot at Edinger Avenue and Goldenwest Street. For example, on any given day there are 70-90 individuals seeking jobs on Slater Avenue, 30-40 on Delaware Street, and 25-35 at the Home Depot. Currently, the cities of Brea, Costa Mesa, and Orange have similar job centers. in operation. These cities have also enacted municipal ordinances prohibiting the solicitation of employment in certain areas of their community. These employment solicitation ordinances are designed to curtail the gathering of the "day laborer' population in shopping centers and adjacent sidewalks while encouraging them to avail themselves of these job centers. For the job center to be effective, the Council approved a similar ordinance on July 20, 1998. Additionally, some citizens have questioned the fact that a number of job seekers may be in the United States without lawful authority, and providing a place for them to find employment may expose the City to liability under federal law. The City Attorney's Office has addressed this question. It is their opinion that the City will not be acting as an employment agency or an employer. Therefore, the provisions of 1324a of Title 8 of the United States Code are not applicable to the City. The employer will bear the burden of screening prospective employees. However, the City will verify both the United States legal status and the residency status (only Huntington Beach residents qualify) of all potential job center workers. The City will abide by all state and federal laws in the operation of the job center. The job center is designed to provide an organized gathering place for job seekers and employers. This job center will allow prospective employers to locate and hire laborers on a short term hourly basis and enable the Police Department to enforce the new Employment Solicitation Ordinance Staff is recommending City Council to approve and authorize execution of the lease agreement. Environmental Status: None applicable JOBCTR2.DOC -4- 07/23/98 2:06 PM i REQUEST FOR ACTION • MEETING DATE: August 3. 1998 DEPARTMENT ID NUMBER: PD98-145 Attachment(s)• 1. Proposed lease agreement between the City of -Huntington Beach and the County of Orange. 2. Site plan and map. (Exhibit A) 3. Employment Solicitation Ordinance No. 3382 City Clerk's Page Number JOBCTR2.DOC -5- 07/23/98 3:08 PM 0 i ATTACHMENT #1 0 u 1 � 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PM 105-27 Transfer Station #t2 LICENSE THIS LICENSE IS MADE _ a o a _ [Ln , 19Q by and between COUNTY Of ORANGE, hereinafter referred to as " CO TY," and CITY OF HUNTINGTON BEACH, hereinafter referred to as "LICENSEE," without regard to number and gender; 1. DEFINITIONS (PML2.1 S) The following words in this License have the significance attached to them in this clause, unless otherwise apparent from context: "Auditor -Controller" means the Auditor -Controller of the County of Orange, or his designee. "Director of IWMD" means the Director, Integrated Waste Management Department, County of Orange, or the Director's designee. 2. TERM (PML3.1 S) This License shall become effective upon the date first above written. Said License shall continue in effect until terminated as provided in Clause 3 (TERMINATION) of this License or until five years from the date first written, whichever occurs first. 3. TERMINATION (PML3.2 S) This License shall be revocable by either COUNTY or LICENSEE at any time; however, as a courtesy to LICENSEE, Director of IWMD will attempt to give 30 days written notice to LICENSEE upon revocation. 4. LICENSE AREA (PML4.1 S) COUNTY grants to LICENSEE the non-exclusive right to use that certain property hereinafter referred to as "License Area," shown on "Exhibit A," attached hereto and by reference made a part hereof. ' 5. USE (PML5.1 N) ' LICENSEE's use of the License Area shall be limited to establishment and operation of a Job Center facility to provide assistance for day laborers to obtain employment. The Job Center hours of operation are to be from 6:00 a.m. to 11:00 a.m., Monday through Saturday or as may be revised by LICENSEE with prior approval of the Director of IWMD. No permanent structures shall be constructed by LICENSEE within the License Area. COUNTY understands that LICENSEE intends to place an office trailer, portable sanitation units and fencing within RA-gs HUNTBCH5 HY14/97-1 1 the License Area in accordance with the plan shown on Exhibit A. 2 LICENSEE understands and agrees that COUNTY retains the right to enter upon the License Area and 3 further.agrees to allow COUNTY to place its own lock on LICENSEE's entrance gate to provide such access., 4 LICENSEE acknowledges that License Area is the site of a former landfill and as a result the land may be 5 subject to settling and generation of landfill gas. LICENSEE hereby agrees to indemnify and defend COUNTY and to hold COUNTY, its officers, employees, and contractors harmless from any loss, claims, 6 liability, or costs arising out of or which may result from settling, generation of landfill gas, or any other 7 damage or liability arising as a result of LICENSEE's use of the former landfill. Use of the site may be subject to regulation by the Local Enforcement Agency (LEA); California Regional Water Quality Control g Board, Santa Ana Region (SARWCQB); South Coast Air Quality Management District (SCAQMD); or other regulators having jurisdiction over closed landfill sites. If any such regulators impose conditions as 9 a result of LICENSEE's use of the site, LICENSEE shall be responsible to immediately comply with such 10 conditions at its sole expense. 11 LICENSEE understands and agrees that the License Area may be inspected at any time by any regulatory agency that has jurisdiction over former solid waste landfills. 12 LICENSEE shall be solely responsible for any requirements imposed by local enforcement or any other 13 regulatory agency as a result of LICENSEE's use of the License Area. 14 LICENSEE agrees not to use the License Area for any other purpose nor to engage in or permit any other activity within or from the License Area. LICENSEE further agrees not to conduct or permit to be 15 conducted any public or private nuisance in, on, or from the License Area, not to commit or permit to be 16 committed waste on the License Area, and to comply with all governmental laws and regulations in connection with its use of the License Area. 17 6. USE FEE (PML6.1 N) 18 LICENSEE agrees to pay to COUNTY from and after the effective date of this License the sum of Six 19 Hundred Dollars ($600) per year as a fee for the use of the License Area. Said annual fee shall be payable in advance, without prior notice or demand, on each anniversary of the effective date of this License while 20 this License is in effect without deduction or offset in lawful money of the United States. 21 In the event the obligation to pay the fee terminates on some day other than the day prior to the 22 anniversary of the effective date of this License, the fee shall be prorated to reflect the actual period of use on the basis of a 365-day year. 23 7. PROCESSING FEE (PML6.3 S) 24 A processing fee of One Thousand Five Hundred Dollars ($1,500) has been paid to COUNTY for issuance 25 of this License. Said processing fee is deemed earned by COUNTY and is not refundable. 26 g PAYMENT PROCEDURE (PML7.1 S) 27 All payments shall be delivered to the County of Orange, Integrated•Waste Management Department, 320 28 North Flower Street, Suite 400, Santa Ana, California 92703. The designated place of payment may be changed at any time by COUNTY upon ten days written notice to LICENSEE. Fee payments may be RA-gs HUNIBCH5 I[1114/97-1 -2- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 made by check payable to the County of Orange. LICENSEE assumes all risk of loss if payments are made by mail. No payment by LICENSEE or receipt by COUNT Y of a lesser amount than the payment due shall be deemed to be other than on account of the payment due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as payment be deemed an accord and satisfaction, and COUNTY shall accept such check or payment without prejudice to COUNTY's right to recover the balance of said payment or pursue any other remedy in this License. 9. CHARGE FOR LATE PAYMENT (PML7.2 S) LICENSEE hereby acknowledges that late payment of sums due hereunder will cause COUNTY to incur costs not contemplated by this License, the exact amount of which will be extremely difficult to ascertain. Such costs include but are not limited to costs such as administrative processing of delinquent notices, increased accounting costs, etc. Accordingly, if any payment pursuant to this License is not received by COUNTY by the due date, a late charge of 1.5% of the payment due and unpaid plus $100 shall be added to the payment, and the total sum shall become immediately due and payable to COUNTY. An additional charge of 1.5% of said payment, excluding late charges, shall be added for each additional month that said payment remains unpaid. LICENSEE and COUNTY hereby agree that such late charges represent a fair and reasonable estimate of the costs that COUNTY will incur by reason of LICENSEE's late payment. Acceptance of such late charges (and/or any portion of the overdue payment) by COUNTY shall in no event constitute a waiver of LICENSEE's default with respect to such overdue payment, or prevent COUNTY from exercising any of the other rights and remedies granted hereunder. 10. FENCING AND SECURITY PLAN (N) LICENSEE agrees that prior to commencing operations under this License Agreement, LICENSEE shall submit to Director of IWMD for approval a security plan for maintaining security of the License Area and of COUNTY improvements. Director of IWMD's approval shall not be unreasonably withheld. LICENSEE agrees to install at LICENSEE's expense perimeter fencing and gates around the License Area as a component of said security plan. 11. GRADING PLAN AND FACILITY PLANS (N) LICENSEE agrees that prior to commencing grading or other construction allowable herein and prior to placing any facilities in the License Area, LICENSEE shall submit to Director of IWMD for approval detailed plans and specifications for any and all such improvements, structures and facilities to be constructed or installed in the License Area. Any such grading plan will comply with any laws, regulations, or conditions imposed by any regulators having jurisdiction over the site. Approval of Director of IWMD shall be based on compatibility with closed landfill monitoring requirements, including environmental and safety issues and shall not be unreasonably withheld. 12. REGRADING (N) LICENSEE agrees that during the terra of this License, it will re -grade the License Area, as needed, to compensate for soil settlement, if any, by eliminating low spots and preventing stormwater or water from other sources from ponding in the License Area. Such re -grading shall be done upon request from the Director of IWMD consistent with landfill property drainage and erosion control standards and shall be done at LICENSEE's sole expense. 13. FACILITY RELOCATION (N) LICENSEE agrees that in the event that the Director of IWMD finds it necessary to construct landfill gas, RA=qs HUNTBCH5 10/14/97-1 -3- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 water quality, drainage or other improvements in the License Area, LICENSEE shall at LICENSEE's sole expense re -locate LICENSEE's improvements, structures and facilities as necessary to accommodate said construction. Im UTILITIES (PML9.1 N) LICENSEE shall be responsible for and pay. prior to the delinquency date, all charges for utilities supplied to the License Area. 15. INSURANCE (PMLI0.I S) LICENSEE shall maintain insurance acceptable to Director of IWMD in full force and effect throughout the term of this License. The policy or policies of insurance maintained by LICENSEE shall provide the following limits and coverages: Coverage Comprehensive General Liability, to include broad form property damage Workers Compensation LIABILITY INSURANCE Minimum Limits $1,000,000 combined single limit Statutory Requirements Insurance shall be in force the first day of the term of this License. Each insurance policy required by this License shall contain the following three clauses: "This insurance shall not be canceled, limited in scope of coverage or non -renewed until after 30 days written notice has been given to the County of Orange, Integrated Waste Management, 320 N. Flower Street; Santa Ana, California 92703. "County of Orange is added as an insured as respects operations of the named insured at or from the License Area occupied and used by the named insured pursuant to that certain License issued by the County of Orange." "It is agreed that any insurance maintained by the County of Orange will apply in excess of, and not contribute with, insurance provided by this policy." LICENSEE agrees to deposit with Director of IWMD, before the effective date of this License, certificates of insurance necessary to satisfy Director of IWMD that the insurance provisions of this License have been complied with and to keep such insurance in effect and the certificates therefor on deposit with Director of IWMD during the entire term of this License. THIS LICENSE SHALL AUTOMATICALLY TERMINATE AT THE SAME TIME LICENSEE'S INSURANCE COVERAGE IS TERMINATED. IF WITHIN 10 DAYS AFTER TERMINATION UNDER THIS CLAUSE, LICENSEE OBTAINS AND PROVIDES EVIDENCE OF THE REQUIRED INSURANCE COVERAGE ACCEPTABLE- TO DIRECTOR OF IWMD, THIS LICENSE MAY BE REINSTATED, AT THE SOLE DISCRETION OF DIRECTOR OF IWMD. IF REINSTATED, LICENSEE SHALL PAY $200 TO COVER THE PROCESSING COSTS INCURRED BY COUNTY. LICENSEE agrees that LICENSEE shall not operate on the License Area at any time the required insurance is not in full force and effect as evidenced by a certificate or official binder being in the possession of Director of IWMD. In no cases shall assurances by LICENSEE, its employees, agents, including any insurance agent, be construed as adequate evidence of insurance. LICENSEE also agrees RA-qs HUNTrBCH5 RY14197-1 -4- 1 that upon cancellation, termination, or expiration of LICENSEE's insurance, that COUNTY may take whatever steps are necessary to interrupt any operation from or on the License Area until such time as the 2 License is reinstated by the Director of IWMD. 3 LICENSEE further agrees to hold COUNTY harmless for any damages resulting from such interruption of business including but not limited to damages resulting from any loss of income or business resulting from 4 COUNTY's action. 5 Director of IWMD shall have the right at any time to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of Director of IWMD, insurance provisions in this License 6 do not provide adequate protection for COUNTY and for members of the public using the License Area, Director of IWMD may require LICENSEE to obtain insurance sufficient in coverage, form, and amount 7 to provide adequate protection. Director of IWMD's requirements shall be reasonable but shall be designed to assure protection from and against the kind and extent of the risks which exist at the time a 8 change in insurance is required. 9 The procuring of such required policy or policies of insurance shall not be construed to limit LICENSEE's liability hereunder nor to fulfill the indemnification and hold harmless provisions and requirements. 10 LICENSEE may, at LICENSEE's option, self -insure the coverages required in this Clause. 11 16. OPERATIONS (PML 1 1.1 N) 12 LICENSEE shall, to the satisfaction of COUNTY, keep and maintain the License Area and all 13 improvements of any kind installed by LICENSEE in good condition and in substantial repair. It shall be LICENSEE's responsibility to take all steps necessary or appropriate to maintain such standard of 14 condition and repair. 15 LICENSEE expressly agrees to maintain the License Area in a safe, clean, wholesome, and sanitary condition, to the complete satisfaction of COUNTY and in compliance with all applicable laws. 16 LICENSEE further agrees to provide approved containers for trash and garbage and to keep the License Area free and clear of rubbish and litter. COUNTY shall have the right to enter upon and inspect the 17 License Area at any time for cleanliness and safety. 18 LICENSEE shall designate in writing to COUNTY an on -site representative who shall be responsible for the day-to-day operation and level of maintenance, cleanliness, and general order. 19 If LICENSEE fails to maintain or make repairs or replacements as required herein, COUNTY may notify 20 LICENSEE in writing of said failure. Should LICENSEE fail to correct the situation within a reasonable time thereafter as established by Director of IWMD, Director of IWMD may have the necessary 21 correction made and the cost thereof, including but not limited to the cost of labor, materials, and equipment and administration, shall be paid by LICENSEE within 10 days of receipt of a statement of said 22 cost from Director of IWMD. Director of IWMD may, at Director of IWMD's option, choose other remedies available herein, or by law. 23 17. VEHICLE CONTROL AND PARKING (N) 24 LICENSEE understands and agrees that due to former landfill maintenance requirements, motor vehicle 25 parking within the License Area must be restricted. Licensee may allow motor vehicles to park within the License Area in as many as six (6) marked parking spaces, which spaces must be on the portion of the 26 License Area that is paved with asphalt. Drainage from those parking spaces must flow away from the former landfill toward Gothard Street. Any other parking of motor vehicles within the License Area is 27 prohibited. 28 LICENSEE agrees to provide adequate staff to control traffic in the License Area. RA:gs HUMBCH5 I(Y14197.1 5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 I 24 25 26 27 28 18. COUNTY IMPROVEMENTS (N) LICENSEE agrees to protect in place COUNTY's existing and future improvements and infrastructure within the License Area. LICENSEE shall be solely responsible for the cost of repair or replacement of COUNTY's improvements if such improvements are damaged due to LICENSEE's use of the License Area. 19. LIMITATION OF THE LICENSE (PM L13. l S) This License and the rights and privileges granted LICENSEE in and to the License Area are subject to all covenants, conditions, restrictions, and exceptions of record or apparent from a physical inspection of the License Area. Nothing contained in this License or in any document related hereto shall be construed to imply the conveyance to LICENSEE of rights in the License Area which exceed those owned by COUNTY. 20. NOTICES (PML14.1 S) All notices pursuant to this License shall be addressed as set forth below or as either party may hereafter designate by written notice and shall be sent through the United States mail in the State of California duly registered or certified with postage prepaid. If any notice is sent by registered or certified mail, as aforesaid, the same shall be deemed served or delivered 24 hours after mailing thereof as above provided. Notwithstanding the above, COUNTY may also provide notices to LICENSEE by personal delivery or by regular mail and any such notice so given shall be deemed to have been given upon receipt. TO: - COUNTY TO: LICENSEE Integrated Waste Management Department 320 N. Flower Street Santa Ana, CA 92703 Attention: Director City of Huntington Beach P.O. Box 70 Huntington Beach, CA 92648 Attention: 21. ATTACHMENTS TO LICENSE (PML15.1 S) This License includes the following, which are attached hereto and made a part hereof: I. GENERAL CONDITIONS 11. EXHIBIT A 11 11 Il RA.gs HUNT13CHS 1a14/97-1 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have executed this License the clay and year first above written. l APPROVED AS TO FORM: By A-,) — A..0 City Attorney REVIEWED AND APPROVED: Adm nistrator INITIATED AND APPROVED: By puty City Administrator Administrative Services APPROVED AS TO FORM: Laurence M. Watson Co LM Da RECOMMENDED FOR APPROVAL Integr d Waste Management Department By t SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. Darlene J. Bloom 1 Clerk of the Board of Supervisors of Orange County, California LICENSEE CITY OF HUNTINGTON BEACH By May ATTEST: By City C erk COUNTY COUNTY OF ORANGE By �Z4- Chairman of th Board of Supervisors RA_ys fiUNTBCH5 1 U26t97-1 -7- K 3 4 5 6 7 8 s 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II. GENERAL CONDITIONS (PMLGI-15 S) 11. PERMITS AND LICENSES (PMLG1 S) LICENSEE shall be required to obtain any and all permits and/or licenses which may be required in connection with the operation of the License Area as set out herein. No permit, approval, or consent given hereunder by COUNTY, in its governmental capacity, shall affect or limit LICENSEE's obligations hereunder, nor shall any approvals or consents given by COUNTY, as a party to this Agreement, be deemed approval as to compliance or conformance with applicable governmental codes, laws, rules, or regulations. 12. SIGNS (PMLG2 S) LICENSEE agrees not to construct, maintain, or allow any signs, banners, flags, etc., upon License Area except as approved by Director of IWMD. Unapproved signs, banners, flags, etc., may be removed. 3. LICENSE ORGANIZATION (PMLG3 S) The various headings and numbers herein, the grouping of provisions of this License into separate clauses and paragraphs, and the organization hereof, are for the purpose of convenience only and shall not be considered otherwise. 4. AMENDMENTS (PMLG4 S) This License is the sole and only agreeent between the parties regarding the subject matter hereof; other agreemm ents, either oral or written, are void. Any changes to this License shall be in writing and shall be properly executed by both parties. 5. UNLAWFUL USE (PMLG5 S) LICENSEE agrees no improvements shall be erected, placed upon, operated, nor maintained on the License Area, nor any business conducted or carried on therein or therefrom, in violation of the terms of this License, or of any regulation, order of law, statute, bylaw, or ordinance of a governmental agency having jurisdiction. 6. INSPECTION (PMLG6 S) COUNTY or its authorized representative shall have the right at all reasonable tithes to inspect the operation to determine if the provisions of this License are being complied with. 7. INDEMNIFICATION (PMLG7 S) LICENSEE hereby waives all claims and recourse against COUNTY including the right of contribution for loss or damage of persons or property arising from, growing out of, or in any way connected with or related to this License except claims arising from the concurrent active or sole negligence of COUNTY, its officers, agents, and employees. LICENSEE hereby agrees to indemnify, hold harmless, and defend COUNTY, its officers, agents, and employees . . against any and all claims, loss, demands, damages, cost, expenses, or liability costs arising out of the operation, use, or maintenance of the property described herein, and/or LICENSEE's exercise of the rights under this License, except for liability arising out of the concurrent active or sole negligence of COUNTY, its officers, agents, or employees, including the cost of defense of any lawsuit arising therefrom. i In the event COUNTY is named as co-defendant, LICENSEE shall notify COUNTY of such fact and shall represent COUNTY in such legal action unless COUNTY undertakes to represent itself as co-defendant in such legal action, in which event LICENSEE shall pay to COUNTY its litigation costs, expenses, and attorney's fees. In the event judgment is entered against COUNTY and LICENSEE because of the concurrent active negligence of COUNTY and RA:gs HUNr$C115 10114/97-1 -- • • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LICENSEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made a court of competent jurisdiction. Neither party shall request a jury apportionment. 8. TAXES AND ASSESSMENTS (PMLG8 S) Although not anticipated, should this License create a possessory interest which is subject to the payment of taxes levied on such interest, it is understood and agreed that all taxes and assessments (including but not limited to said possessory interest tax) which become due and payable in connection with this License or upon fixtures, equipment, or other property used in connection with this License, shall be the full responsibility of LICENSEE, and LICENSEE shall cause said taxes and assessments to be paid promptly. 9. PARTIAL INVALIDITY (PMLG9 S) If any term, covenant, condition, or provision of this License is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 10. WAIVER OF RIGHTS (PMLG IO S) The failure of COUNTY to insist upon strict performance of any of the terms, covenants, or conditions of this License shall not be deemed a waiver of any right or remedy that COUNTY may have, and shall not be deemed a waiver of the right to require strict performance of all the terms, covenants, and conditions of the License thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant, or condition of the License. Any waiver, in order to be effective, must be signed by the party whose right or remedy is being waived. 11. CONDITION OF LICENSE AREA UPON TERMINATION (PMLG12 S) Except as otherwise agreed to herein, upon termination of this License, LICENSEE shall redeliver possession of said License Area to COUNTY in substantially the same condition that existed immediately prior to LICENSEE's entry thereon, reasonable wear and tear, flood, earthquakes, war, and any act of war excepted. 12. DISPOSITION OF ABANDONED PERSONAL PROPERTY (PMLG13 S) If LICENSEE abandons the License Area or is dispossessed thereof by process of law or otherwise, title to any personal property belonging to LICENSEE and left on the License Area 10 days after such event shall be deemed, at COUNTY's option, to have been transferred to COUNTY. COUNTY shall have the right to remove and to dispose of such property without liability therefor to LICENSEE or to any person claiming under LICENSEE, and shall have no need to account therefor. 13. TIME OF ESSENCE (PMLG14 S) Time is of the essence of this License Agreement. Failure to comply with any time requirements of this License shall constitute a material breach of this License. 14. NO ASSIGNMENT (PMLG15 S) The License granted hereby is personal to LICENSEE and any assignment of said license by LICENSEE, voluntarily or by operation of law, shall automatically terminate the License granted hereby. IRA-qs HUAffBC1t5 10114197-1 -- 2 i DIRT BERM 20 DIRT ACCESS ROAD DRIVE THRU , TRANSFER PIT •its' !i,'�' fi 18131 Gothard a, ,�? , � DRIVE THRU MW TRANSFER :. PIT ui " to 1 FWs :J ,� aid' ,c } PROPOSED NEW w REMS IN RED PROPOSEQ-► FENCING s•'"�' i�' • ' ':•' :;= ''.�. r FRO _ x PORTA RE E * TtE POMEs oil PROBES GOTHARQ STREET NORTH --► ATTACHMENT #2 DIRT BERM 1(i DIRT ACCESS ROAD -da5' DRIVE THRu TRANSFERPIT B7 18131 Gothard 2,0 r: DRIVE THRU : G. TRANSFER' PIT w suris►+A7 s I'= PROPOSED NEW ITEMS IN RED PROPOSEn�„j [�! / '{ �'� 1�J°�, ''"!i `t •' •' 4� ^, FENCING :tip+ . ;�, .;, e • .:v:'. �,, '',. ;. , ';•y 51 �. C] r• y F' 1 a' I�a1 rREb erREih di--Flh PORTA (ffiEF�s • -PROBES GOTHARD STREET NORTH ---► ATTACHMENT #3 0 MEETING DATE: July 20, 1998 DEPARTMENT ID NUMBER: PD98-014 Council/Agency Meeting Held: l L2 ,,Z ti�f Deferred/Continued to: Conditionally Approved ❑ Denied Approved El Conditionally r -0-r-cl. U, - 1 �e---c�City Clerk's Signature Council Meeting Date: July 20, 1998 Department ID Number: PD98-014 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, CITY ADMINISTRATO C, 7 PREPARED BY: R. E. LOWENBERG, CHIEF OF POLICE SUBJECT: APPROVE THE INTRODUCTION OF THE LOYMENT SOLICITATION ORDINANCE, 9.88 OF THE H.B_ MUNICIPAL CODS Statement of Issue, Funding Source, Reconmended Action, Alternative Action[s), Analysis, Environmental Status, Statement of Issue: The Employment Solicitation Ordinance needs to be approved by the City Council prior to the Job Center project's anticipated opening. Funding Source: NIA Recommended Action: - Motion to approve the introduction of Ordinance # �� 3 R 2- , the Employment Solicitation Ordinance, 9.88 of the Huntington Beach Municipal Code, as shown in attachment #1 to the Request for council Action dated 7-20-98. Altennative Action(s): Do not approve the recommended action. JOBCTR.DOC -2- 07/10/98 11:03 AM REQUEST FOR ACTION • MEETING DATE: July 20, 1998 DEPARTMENT ID NUMBER: PD98-014 Analysis- This Request for Council Action is to approve the introduction of the Employment Solicitation Ordinance that is designed to complement the anticipated opening of the Job Center. The idea for the job center and Employment Solicitation Ordinance developed as a result of complaints received over the years from residents and business owners because of the increasing number of day laborers seeking temporary employment in specific areas of the city. The primary areas affected are Slater Avenue between Beach Blvd. and Nichols Street; Delaware Street between Main Street and Ellis Avenue (Loehman's Plaza); and Home Depot parking lot at Edinger Avenue and Goldenwest Street. For example, on any given day there are 70-90 individuals seeking jobs on Slater Avenue, 30-40 on Delaware Street, and 25-35 at the Home Depot. Currently, the cities of Brea, Costa Mesa, and Orange have centers in operation and have done so for a number of years. These cities have also enacted municipal ordinances prohibiting the solicitation of employment in certain areas of their community. These employment solicitation ordinances are designed to curtail the gathering of the "day laborer" population in shopping centers and adjacent sidewalks while encouraging them to avail themselves of these job centers. The proposed job center is designed to provide an organized gathering place for job seekers and employers. By passage of the Employment Ordinance in conjunction with this lease agreement, the City hopes to curtail the above described problems. This job center will allow prospective employers to locate and hire laborers on a short term hourly basis and enable the Police Department to enforce the new Employment Solicitation Ordinance, if approved. Staff is recommending City Council approve the ordinance. Attachment(s): 1. Draft Employment Solicitation Ordinance. JOBCTR.DOC -3- 07110/98 11:03 AM ORDINANCE NO L 'c AN ORDINANCE OF THE CITY OF.HUNTINGTON BEACH ADDING CHAPTER 9.88 TO THE HUNTINGTON BEACH MUNICIPAL C 41a& PERTAINING TO EMPLOYMENT SOLICITATION The City Council of the City of Huntington Beach does ordain as follows: SECTION 1 _ That Chapter 9.88 is hereby added to the Huntington Beach Municipal Code, said Chapter to read as follows: Section Chapter 9.88 Employment Solicitation 988.010 Purpose of Chapter 9.88.020 Definitions 9.88.030 Solicitation of and for employment on public street or highway prohibited_ 9.88.040 Solicitation Prohibited in Nonresidential Parking Areas 9 88.050 Validity 9.88.060 Enforcement 9.88.010 Purpose of Chapter The purpose of this chapter is to regulate the time, place and manner of the solicitation of and for employment on streets and highways, public areas and nonresidential parking areas These regulations are not intended to restrict the right of free speech or alternative channels of communications, but to ensure the protection of the public health, safety and general welfare_ 9.88.020 Definitions= (a) "Employment" shall mean any offer or exchange or consideration for labor, industry or other personal services, including part-time or temporary services, for wages or other compensation (b) "Nonresidential parking area means all private property comprising the parking area adjoining nonresidential premises, i_e., commercial strip malls and shopping centers, including but not limited to driveways, setbacks and portions that are landscaped. (c) "Solicit or hire" means any request, offer, announcement, enticement or other action or gesture which induces another person to reasonably believe that his or her services are being sought or are being made available for hire, whether or not an actual employment relationship is created. A solicitation as defined herein shall be deemed completed when made whether or not an actual employment relationship is created. 71Wday1a bar/7i9i98 (d) "Street or highway" means all of the area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, medians, alleys, sidewalks, curbs and other public rights -of -way (e) "Vehicle" means a vehicle as defined in California Vehicle Code §570 as the same now reads or may hereafter be amended. 9.88.030 Solicitation of and for employment on street or highway prohibited. It is unlawful for any person to engage in the solicitation of employment and for employees on any street or highway. 9.88.040 Solicitation Prohibited in Nonresidential Parking Areas. (a) It is unlawful for persons to solicit or offer employment within 25 feet of any parking lot or driveway open to the public_ This section shall not be construed so as to prohibit a business establishment or property owner from soliciting or hiring employees at or on his or her premises. For the purpose of this section, vehicles and other similar types of mobile locations shall not be considered a business establishment or premises- (b) This section shall not be operative unless the owner, the owner's agent or the person in lawful possession of the nonresidential parking area has caused a notice to be posted in a conspicuous place at each entrance to such nonresidential parking area not less than eighteen by twenty-four inches in size with lettering not less than one -inch in height and not to exceed in total area six square feet. The content of such notice shall be in substantially the •following form, in both the English and Spanish languages It is a misdemeanor to solicit or offer employment at this location unless the employment will be on these premises (H B M C. §9.88.040) 9.88.050 Validity. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be rnvalyd or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Huntington Beach hereby declares that it would have adopted this ordinance and these sections, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions are declared invalid or unconstitutional 9.88.060 Enforcement Enforcement of this section may be accomplished by, (1) the owner, the owners agent, or the person in lawful possession of the business premises, under the provisions of California Penal Code §847 (Arrest by Private Person); or (2) a peace officer of the Huntington Beach Police Department; or 2 Mid ay[aborR19i98 (3) a code enforcement officer of the City of Huntington Beach; or (4) the filing of a criminal or civil complaint by the City Attorney. SECTION 2 This ordinance shall take effect 30 days after its adoption_ PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the day of . 1997. ATTEST: City Clerk REVIEWED AND APPROVED _Ybj r Administrator Mayor APPROVED AS TO FORM: 7- g-J'rCity Attorney INITLAMED AND APP13-04ED: _ 3 ice Chief 7A/dayfa bo r1719l98 i• VICKi L- WILSON Direvor LJr OF Lt 5 3 ANGE INTEGRATED WASTE MANAGEMENT DEPARTMENT 320 N. Flower Street, Suite 400 c Santa Ana, California, 92703 (714) 834-4000 FAA (714)834-4001 October 6, 1998 Mr. Ray Silver, City Administrator Cite of Huntington Beach Post Office Box 70 Huntington Beach, CA 92648 Dear Mr. Silver: Subject: License Agreement for Day Labor Center On September 15, 1998. the Orange County Board of Supen•isors unanimously approved a License Agreement between the County of Orange and the City of Huntington Beach, allowing the City to establish a day labor center at the former Huntington Beach Transfer Station. Attached please find a fully executed copy of this license agreement. Staff from the Integrated Waste Management Department of the County of Orange look forward to continuing to work cooperatively with your staff on this and other issues surrounding the former landfill and transfer station. Thank vou. Si ccrely.�%� Vicki L. Wilson Director Attachment cc: Suzanne McClanahan, IWMD Candy Haggard, IW-PvID Lt. Luis Ochoa, IiBPD RECEIVED aCros1998 1'al'l LQI'.T;U\SYS`-SHARE:1)!.r)EI'AR"t'-..thcresa'.dav labor transmittal to 1113.duc ,rfl rr1iLc J. 25 13 :24 IILA7i%'r.TO% BEACH TO: Ray Silver, City Administrator Ron Lowenberg, Police Chief FROM: Connie Brockway, City Clerk t' DATE: November 24 1998 SUBJECT: County Of Orange license Agreement For Job Center Project - Gothard Street Former Orange County Waste Disposal Station (CDBG Funds) Approved By City Council 8/3/98 I have been in contact with the Integrated Waste Management Director at the County of Orange and have been informed that the original for this agreement was returned to the Office of Ray Silver/City Administrator on October 6, 1998. This original agreement should have been returned to the City Clerk's Office. If either of you have seen this original agreement would you please forward it to my office. Thank You. Attachment: RCA Dated 8/3/98 Copy Of First Page Of Agreement G.cbmems/98-195jd.doc Y HUNTINGTON BEACH TO: Ray Silver, City Administrator Ron Lowenberg, Police Chief FROM: Connie Brockway, City Clerk )67 DATE: November 24 1998 SUBJECT: County Of Orange License Agreement For Job Center Project — Gothard Street Former Orange County Waste Disposal Station (CDBG Funds) Approved By City Council 8/3/98 I have been in contact with the Integrated Waste Management Director at the County of Orange and have been informed that the original for this agreement was returned to the Office of Ray Silver/City Administrator on October 6, 1998. This original agreement should have been returned to the City Clerk's Office. If either of you have seen this original agreement would you please forward it to my office. Thank You. Attachment: RCA Dated 8/3/98 Copy Of First Page Of Agreement G:cbmems/98-195jd.doc 01105198 - Council ncy Agenda - Page 11 E-11T4blCity Council) Approve Selection Of Architect - RRM Group - For The Edwards At Ellis Fire Station/Water Reservoir Site - Approve Professional Services Contract - Ae rove Settlement Committee Recommendation Re: Insurance - 1. Approve the selection of RRM Design Group to provide professional consulting services for the 3Jqd preparation of fire station architectural plans and site improvement plans for the Edwards at Ellis Fire Station Water Reservoir Site for $412,711; and 2. Approve and authorize the Mayor and City Clerk to execute the Professional Services Contract between the City and RRM Design Group for a fee of $412,711 for the preparation of fire station architectural plans and site improvement plans for the Edwards at Ellis Fire StationMater Reservoir Site; and approve the Settlement Committee recommendation to modify the Indemnification and Hold Harmless Paragraph of the attached contract; and 3. Authorize the Director of Public Works to expend a total of $475,000 including the contract costs of $412,711 estimated contingency costs of $41,189 and estimated supplemental expenditures of$21,000. Submitted by the Acting Assistant City �Iy Administrator/Fire Chief F. Administrative Items F-1. (City Council) Lease(Ulcenge)Aclreement PIVI 105-27 - Transfer Station No._2 - Between City & County Of Orange For Day Labor Job Center Site On Gothard Street At A Former Orange County Waste Disposal Station & Introduction Of Ordinance No. 3382 Pertaining To Employment Solicitation )(P Communication from the Chief of Police transmitting a proposed Lease (License) A Agreement between the C4 and the County to be approved by the City Council before q 4� the City can begin its job center project to be located on Gothard Street at a former County Waste Disposal Station. Also transmitted is proposed Ordinance No. 3382 pertaining to employment solicitation. Recommended Action: Motions to: 1. Approve -the Lease (License) Agreement PM 105-27-Transfer Station No. 2 Between the City of Huntington Beach and the County of Orange for use of property, AP# 111-071-35 a portion, shown as Attachment No. 2 to the Request for Council Action dated January 5, 1998. and 2. Approve introduction of Ordinance No. 3382 - after4he City Clerk reads by title - "An Ordinance of the City of Huntington Beach Adding Chapter 9.86 to the Huntington Beach Municipal Code Pertaining to Employment Solicitation" --the Employment Solicitation Ordinance (9.88 of Huntington Beach Municipal Code) as shown in Attachment No. 3 to the Request for Council Action dated January 5, 1998. and 3. Authorize the Mayor and City Clerk to execute the Lease (License) Agreement between the City of Huntington Beach and the County of Orange for use of the property at such time when the Conditional Use Permit (C.U.P.) and the Employment Solicitation Ordinance No. 3382 are in effect. (Second reading of Ordinance No. 3382 scheduled January 20, 1998 with effective date of February 19, 1998. d P li�c MEETING DATE: January 5, 1998 DEPARTMENT lD NUMBER: PD97-008 CounciVAgency Meeting Held: /- .5- i? onid ieaa_Ily 4pwt?8_ d'0enied., City Clerk's Signat re Council Meeting Date: January 5, 1998 Department ID Number: PD97-008 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, ACTING CITY ADMINISTRA 0 /jet/ �33 PREPARED BY: R E. LOWENBERG, CHIEF OF POLICE oil, SUBJECT: APPROVE LEASE AGREEMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE COUNTY OF ORANGE FOR THE JOB CENTER SITE. tp Statement of Issue, Funding Souree, Recorrrnended Action. Alternative Action(s), analysis, Environmental Status, Attachment(s) Statement of Issue: This lease agreement between the City of Huntington Beach and the County of Orange needs to be approved by the City Council before the City can begin its job center project. Funding Source: 1. CBGF, E-HP-ED-838-6-39-00, for the $40,000 for purchase and placement of portable structures upon the property. 2. CBGF, E-HP-ED-838-4-10 for the $1,500 permit expense/processing fee. 3. CBGF, E-HR-ED-839-3-81-00 for the rental expense. JOBCTR.DOC -2- - 12111197 9:55 AM • REQUEST FOR ACTION i MEETING DATE: January 5, 1998 DEPARTMENT ID NUMBER: PD97-008 Recommended Action: ( y, ) 1. Motion to approve the leaseAagreement between the City of Huntington Beach and the the County of Orange for use of property, AP #111-071-35 a portion, shown as Attachment #2.-;t�> -ULt- "i?C.4"11. l "106^ Aami -c.�-114- 3 39:� 2. Motion to approveAthe Employment Solicitation Ordinance, 9.88 of Huntington Beach Municipal Code, as shown in Attachment #3-& +tA- !pabuesr L'e.0 3. Motion to authorize the City Clerk and Mayor to execute the lease agreement between the City of Huntington Beach and the County of Orange for use of the property at such time when the Conditional Use Permit (C.U.P.) and the Employment Solicitation Ordinance are appfeved.:2 �P-4:ec.t; v 'e� Alternative Action(s): Do not approve the recommended action. Analysis: This request for City Council action is for approval of a lease agreement between the City of Huntington Beach and the County of Orange (Attachment 1) for property to locate a job center on Gothard Street at a former Orange County waste disposal station, AP #111-071- 35 a portion, shown as Attachment 2. A brief summary of the terms of the lease agreement are as follows: 1. City to pay $600.00 per year for use of the property, payable one year in advance. 2. Use of land limited to operation of the job center_ 3. No permanent structures to be erected by the City. 4. City to indemnify County for liability arising out of City's use of the property. 5. City to comply with all laws and regulatory regulations. 6. City to maintain the property. 7. County retaining right to inspect property. The cost of the lease payments for the first year are budgeted in the current CDBG budget for the Job Center project. The costs, according to CDBG regulations, are considered a public service, as rent is considered an operational cost and is subject to the Public Services in the CDBG program. JOBCTR.DOC -3- 12/30187 11:16 AM • REQUEST FOR ACTION • MEETING DATE: January 5, 1998 DEPARTMENT ID NUMBER: PD97-008 The processing fee of $1,500 under the license agreement will be funded out of CBGF Account -#E-HP-ED-838-4-10-00 and the rental cost for the first year will be funded out of Account #E-HR-ED-839-3-81-00. A Conditional Use Permit (C.U.P.) will need to be approved and is currently being prepared for submission to the City's Building Department. The funds for the job center, forty thousand dollars ($40,000), are for the purchase and placement of portable structures upon the property. These funds are budgeted in account number E-HP-ED-838-6-39-00_ Because portable buildings are placed upon the property, no environmental impact to the site is anticipated. Furthermore, the project is being recommended by the Citizen Participation Advisory Board, who unanimously recommended funding for the staffing of the project -.to the Council for the 1997/1998 Action Plan as a public service activity. The idea for the job center developed as a result of complaints received over the years from residents and business owners because of the increasing number of day laborers seeking temporary employment in specific areas of the city. The primary areas affected are Slater Avenue between Beach Blvd. and Nichols Street, Delaware Street between Main Street and Ellis Avenue (Loehman's Plaza)-, and Home Depot parking lot at Edinger Avenue and Goldenwest Street. For example, on any given day there are 70-90 individuals seeking jobs on Slater Avenue, 30-40 on Delaware Street, and 25-35 at the Home Depot. Currently, the cities of Brea, Costa Mesa, and Orange have centers in operation and have done so ..for a number of years. These cities have also enacted municipal ordinances prohibiting the solicitation of employment in certain areas of their community. These employment solicitation ordinances are designed to curtail the gathering of the "day laborer" population in shopping centers and adjacent sidewalks while encouraging them to avail themselves of these job centers. For the job center to be effective, a similar municipal ordinance is being proposed to the City Council (Attachment 3). However, the approval of the Employment Solicitation Ordinance can only be requested on condition that the C.U.P. and this lease agreement are also approved. The municipal ordinance, C.U.P., and lease agreement are part and parcel of one another and have to become effective at the same time. Additionally, some citizens have questioned the fact that a number of job seekers may be in the United States without lawful authority, and providing a place for them to find employment may expose the City to liability under federal law. The City Attorney's Office has addressed this question. It is their opinion that the City will not be acting as an employment agency or an employer. Therefore, the provisions of 1324a of Title 8 of the United States Code are not applicable. to the City. The employer will bear the burden of screening prospective employees. JOBCTR.DOC 4- 12/30/97 11:18 AM • REQUEST FOR ACTION • MEETING DATE: January 5, 1998 DEPARTMENT ID NUMBER: PD97-008 The job .center is designed to provide an organized gathering place for job seekers and employers' By passage of the Employment Ordinance in conjunction with this lease agreement,- the City hopes to curtail the above described problems. This job center will allow prospectiveemployers to locate and hire .laborers on a short term hourly basis and enable the Police .Department to enforce the new Employment Solicitation Ordinance, if approved. Staff is recommending City Council to approve the lease agreement, and pending approval of the C.U.P. and ordinance, authorize the execution of this lease agreement, so that no money will be paid to the County unless the C.U.P. and the ordinance are approved. Environmental Status: None applicable .Attachment[sl: 1. Proposed lease agreement between the City of Huntington Beach and the County of Orange. 2. Site plan and map. (Exhibit A) 3. ""i�,� " ` Employment Solicitation Ordinance .x JOBUR ROC -5- 12130/97 11:18 AM • 11 ATTACHMENT #1 1 q 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PM 105-27 Transfer Station #2 LICENSE %r6 /98 THIS LICENSE IS MADE , 19`, by and between COUNTY OF ORANGE, hereinafter referred to as "COUNTY," and CITY OF HUNTINGTON BEACH, hereinafter referred to as "LICENSEE," without regard to number and gender. DEFINITIONS (PML2.1 S) The following words in this License have the significance attached to them in this clause, unless otherwise apparent from context: "Auditor -Controller" means the Auditor -Controller of the County of Orange, or his designee. "Director of IWMD" means the Director, Integrated Waste Management Department, County of Orange, or the Director's designee. 2. - TERM (PML3.1 S) This License shall become effective upon the date first above written. Said License shall continue in effect until terminated as provided in Clause 3 (TERMINATION) of this License or until five years from the date first written, whichever occurs first. 3. TERMINATION (PML3.2 S) This License shall be revocable by either COUNTY or LICENSEE at any time; however, as a courtesy to LICENSEE, Director of IWMD will attempt to give 30 days written notice to LICENSEE upon revocation. 4. LICENSE AREA (PML4.1 S) ECOUNTY grants to LICENSEE the non-exclusive right to use that certain property hereinafter referred to as "License Area," shown on "Exhibit A," attached hereto and by reference made a part hereof. 5. USE (PML5.1 N) LICENSEE's use of the License Area shall be limited to establishment and operation of a Job Center facility to provide assistance for day laborers to obtain employment. The Job Center hours of operation are to be from 6:00 a.m. to 1 1.-00 a.m., Monday through Saturday or as may be revised by LICENSEE with prior approval of the Director of IWMD. No permanent structures shall be constructed by LICENSEE within the License Area. COUNTY understands that LICENSEE intends to place an office trailer, portable sanitation units and fencing within RA-qs HUN-rDcu5 IWI4/97-1 -1- 0 M 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 K:] the License Area in accordance with the plan shown on Exhibit A. LICENSEE understands and agrees that COUNTY retains the right to enter upon the License Area and further agrees to allow COUNTY to place its own lock on LICENSEE's entrance gate to provide such access. LICENSEE acknowledges that License Area is the site of a former landfill and as a result the land may be subject to settling and generation of landfill gas. LICENSEE hereby agrees to indemnify and defend COUNTY and to hold COUNTY, its officers, employees, and contractors harmless from any loss, claims, liability, or costs arising out of or which may result from settling, generation of landfill gas, or any other damage or liability arising as a result of LICENSEE's use of the former landfill. Use of the site may be subject to regulation by the Local Enforcement Agency (LEA); California Regional Water Quality Control Board, Santa Ana Region (SARWCQB); South Coast Air Quality Management District (SCAQMD); or other regulators having jurisdiction over closed landfill sites. If any such regulators impose conditions as a result of LICENSEE's use of the site, LICENSEE shall be responsible to immediately comply with such conditions at its sole expense. LICENSEE understands and agrees that the License Area may be inspected at any time by any regulatory agency that has jurisdiction over farmer solid waste landfills. LICENSEE shall be solely responsible for any requirements imposed by local enforcement or any other regulatory agency as a result of LICENSEE's use of the License Area. LICENSEE agrees not to use the License Area for any other purpose nor to engage in or permit any other activity within or from the License Area. LICENSEE further agrees not to conduct or permit to be conducted any public or private nuisance in, on, or from the License Area, not to commit or permit to be committed waste on the License Area, and to comply with all governmental laws and regulations in connection with its use of the License Area. 6. USE FEE (PML6.1 N) LICENSEE agrees to pay to COUNTY from and after the effective date of this License the sum of Six Hundred Dollars ($600) per year as a fee for the use of the License Area. Said annual fee shall be payable in advance, without prior notice or demand, on each anniversary of the effective date of this License while this License is in effect without deduction or offset in lawful money of the United States. In the event the obligation to pay the fee terminates on some day other than the day prior to the anniversary of the effective date of this License, the fee shall be prorated to reflect the actual period of use on the basis of a 365-day year. 7. PROCESSING FEE (PML6.3 S) A processing fee of One Thousand Five Hundred Dollars ($1,500) has been paid to COUNTY for issuance of this License. Said processing fee is deemed earned by COUNTY and is not refundable. 8. PAYMENT PROCEDURE (PML7.1 S) All payments shall be delivered to the County of Orange, Integrated Waste Management Department, 320 North Flower Street, Suite 400, Santa Ana, California 92703. The designated place of payment may be changed at any time by COUNTY upon ten days written notice to LICENSEE. Fee payments may be RA.gs HUNT13CH5 IN14/97-1 -2- s 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 iWA 18 19 20 21 22 23 24 25 26 27 28 made by check payable to the County of Orange. LICENSEE assumes all risk of loss if payments are made by mail. No payment by LICENSEE or receipt by COUNTY of a lesser amount than the payment due shall be deemed to be other than on account of the payment due, nor shall any endorsement or Statement on any check or any letter accompanying any check or payment as payment be deemed an accord and satisfaction, and COUNTY shall accept such check or payment without prejudice to COUNTY's right to recover the balance of said payment or pursue any other remedy in this License. 9. CHARGE FOR LATE PAYMENT (PML7.2 S) LICENSEE hereby acknowledges that late payment of sums due hereunder will cause COUNTY to incur costs not contemplated by this License, the exact amount of which will be extremely difficult to ascertain. Such costs include but are not limited to costs such as administrative processing of delinquent notices, increased accounting costs, etc. Accordingly, if any payment pursuant to this License is not received by COUNTY by the due date, a late charge of 1.5% of the payment due and unpaid plus $100 shall be added to the payment, and the total sum shall become immediately due and payable to COUNTY. An additional charge of 1.5% of said payment, excluding late charges, shall be added for each additional month that said payment remains unpaid. LICENSEE and COUNTY hereby agree that such late charges represent a fair and reasonable estimate of the costs that COUNTY will incur by reason of LICENSEE's late payment. Acceptance of such late charges (and/or any portion of the overdue payment) by COUNTY shall in no event constitute a waiver of LICENSEE's default with respect to such overdue payment, or prevent COUNTY from exercising any of the other rights and remedies granted hereunder. 10. FENCING AND SECURITY PLAN (N) LICENSEE agrees that prior to commencing operations under this License Agreement, LICENSEE shall submit to Director of IWMD for approval a security plan for maintaining security of the License Area and of COUNTY improvements. Director of IWMD's approval shall not be unreasonably withheld. LICENSEE agrees to install at LICENSEE's expense perimeter fencing and gates around the License Area as a component of said security plan. 11. GRADING PLAN AND FACILITY PLANS (N) LICENSEE agrees that prior to commencing grading or other construction allowable herein and prior to placing any facilities in the License Area, LICENSEE shall submit to Director of IWMD for approval detailed plans and specifications for any and all such improvements, structures and facilities to be constructed or installed in the License Area. Any such grading plan will comply with any laws, regulations, or conditions imposed by any regulators having jurisdiction over the site. Approval of Director of IWMD shall be based on compatibility with closed landfill monitoring requirements, including environmental and safety issues and shall not be unreasonably withheld. 12. REGRADING (N) LICENSEE agrees that during the term of this License, it will re -grade the License Area, as needed, to compensate for soil settlement, if any, by eliminating low spots and preventing stormwater or water from other sources from ponding in the License Area. Such re -grading shall be done upon request from the Director of IWMD consistent with landfill property drainage and erosion control standards and shall be done at LICENSEE's sole expense. 113. FACILITY RELOCATION (N) LICENSEE agrees that in the event that the Director of IWMD finds it necessary to construct landfill gas, RA-qs HUN7BCHS 1(VI4/97-1 -3- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 water quality, drainage or other improvements in the License Area, LICENSEE shall at LICENSEE's sole expense re -locate LICENSEE's improvements, structures and facilities as necessary to accommodate said construction. 1114. UTILITIES (PML9.1 N) LICENSEE shall be responsible for and pay, prior to the delinquency date, all charges for utilities supplied to the License Area. 15. INSURANCE (PM L10.1 S) LICENSEE shall maintain insurance acceptable to Director of fWMD in full force and effect throughout the term of this License. The policy or policies of insurance maintained by LICENSEE shall provide the following limits and coverages: Coverage Comprehensive General Liability, to include broad form property damage LIABILITY INSURANCE Minimum Limits $1,000,000 combined single limit Workers Compensation Statutory Requirements Insurance shall be in force the first day of the term of this License. Each insurance policy required by this License shall contain the following three clauses: "This insurance shall not be canceled, limited in scope of coverage or non -renewed until after 30 days written notice has been given to the County of Orange, Integrated Waste Management, 320 N. Flower Street, Santa Ana, California 92703. "County of Orange is added as an insured as respects operations of the named insured at or from the License Area occupied and used by the named insured pursuant to that certain License issued by the County of Orange." "It is agreed that any insurance maintained by the County of Orange will apply in excess of, and not contribute with, insurance provided by this policy." LICENSEE agrees to deposit with Director of IWMD, before the effective date of this License, certificates of insurance necessary to satisfy Director of IWMD that the insurance provisions of this License have been complied with and to keep such insurance in effect and the certificates therefor on deposit with Director of IWMD during the entire term of this License. THIS LICENSE SHALL AUTOMATICALLY TERMINATE AT THE SAME TIME LICENSEE'S INSURANCE COVERAGE IS TERMINATED. IF WITHIN 10 DAYS AFTER TERMINATION UNDER THIS CLAUSE, LICENSEE OBTAINS AND PROVIDES EVIDENCE OF THE REQUIRED INSURANCE COVERAGE ACCEPTABLE TO DIRECTOR OF IWMD, THIS LICENSE MAY BE REINSTATED, AT THE SOLE DISCRETION OF DIRECTOR OF IWMD. IF REINSTATED, LICENSEE SHALL PAY $200 TO COVER THE PROCESSING COSTS INCURRED BY COUNTY. LICENSEE agrees that LICENSEE shall not operate on the License Area at any time the required insurance is not in full force and effect as evidenced by a certificate or official binder being in the possession of Director of IWMD. In no cases shall assurances by LICENSEE, its employees, agents, including any insurance agent, be construed as adequate evidence of insurance. LICENSEE also agrees RA:gs 11UNT8CH5 10114/97-1 -4- is 2 3 4 5 [1 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 that upon cancellation, termination, or expiration of LICENSEE'S insurance, that COUNTY may take whatever steps are necessary to interrupt any operation from or on the License Area until such time as the License is reinstated by the Director of IWMD. LICENSEE further agrees to hold COUNTY harmless for any damages resulting from such interruption of business including but not limited to damages resulting from any loss of income or business resulting from COUNTY's action. Director of IWMD shall have the right at any time to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of Director of IWMD, insurance provisions in this License do not provide adequate protection for COUNTY and for members of the public using the License Area, Director of IWMD may require LICENSEE to obtain insurance sufficient in coverage, form, and amount to provide adequate protection. Director of IWMD's requirements shall be reasonable but shall be designed to assure protection from and against the kind and extent of the risks which exist at the time a change in insurance is required. The procuring of such required policy or policies of insurance shall not be construed to limit LICENSEE's liability hereunder nor to fulfill the indemnification and hold harmless provisions and requirements. LICENSEE may, at LICENSEE's option, self -insure the coverages required in this Clause. 16. OPERATIONS (PMLI 1.1 N) LICENSEE shall, to the satisfaction of COUNTY, keep and maintain the License Area and all improvements of any kind installed by LICENSEE in good condition and in substantial repair. It shall be LICENSEE's responsibility to take all steps necessary or appropriate to maintain such standard of condition and repair. LICENSEE expressly agrees to maintain the License Area in a safe, clean, wholesome, and sanitary condition, to the complete satisfaction of COUNTY and in compliance with all applicable laws. LICENSEE further agrees to provide approved containers for trash and garbage and to keep the License Area free and clear of rubbish and litter. COUNTY shall have the right to enter upon and inspect the License Area at any time for cleanliness and safety. LICENSEE shall designate in writing to COUNTY an on -site representative who shall be responsible for the day-to-day operation and level of maintenance, cleanliness, and general order. If LICENSEE fails to maintain or make repairs or replacements as required herein, COUNTY may notify LICENSEE in writing of said failure. Should LICENSEE fail to correct the situation within a reasonable time thereafter as established by Director of IWMD, Director of IWMD may have the necessary correction made and the cost thereof, including but not limited to the cost of labor, materials, and equipment and administration, shall be paid by LICENSEE within 10 days of receipt of a statement of said cost from Director of IWMD. Director of IWMD may, at Director of IWMD's option, choose other remedies available herein, or by law. 17. VEHICLE CONTROL AND PARKING (N) LICENSEE understands and agrees that due to former landfill maintenance requirements, motor vehicle parking within the License Area must be restricted. Licensee may allow motor vehicles to park within the License Area in as many as six (6) marked parking spaces, which spaces must be on the portion of the License Area that is paved with asphalt. Drainage from those parking spaces must flow away from the former landfill toward Gothard Street. Any other parking of motor vehicles within the License Area is prohibited. LICENSEE agrees to provide adequate staff to control traffic in the License Area. RA-qs 11UNTHCH5 10/14/97-1 -5- 1 2 3 4 5 6 7 8 A i[IA 11 12 13 14 15 16 17 18 19 20 I 21 22 23 24 25 26 27 28 18. COUNTY IMPROVEMENTS (N) LICENSEE agrees to protect in place COUNTY's existing and future improvements and infrastructure within the License Area. LICENSEE shall be solely responsible for the cost of repair or replacement of COUNTY's improvements if such improvements are damaged due to LICENSEE's use of the License Area. 19. LIMITATION OF THE LICENSE (PML13.1 S) This License and the rights and privileges granted LICENSEE in and to the License Area are subject to all covenants, conditions, restrictions, and exceptions of record or apparent from a physical inspection of the License Area. Nothing contained in this License or in any document related hereto shall be construed to imply the conveyance to LICENSEE of rights in the License Area which exceed those owned by COUNTY. 20. NOTICES (PMLI4.I S) All notices pursuant to this License shall be addressed as set forth below or as either party may hereafter designate by written notice and shall be sent through the United States mail in the State of California duly registered or certified with postage prepaid. If any notice is sent by registered or certified mail, as aforesaid, the same shall be deemed served or delivered 24 hours after mailing thereof as above provided. Notwithstanding the above, COUNTY may also provide notices to LICENSEE by personal delivery or by regular mail and any such notice so given shall be deemed to have been given upon receipt. TO: COUNTY TO: LICENSEE Integrated Waste Management Department 320 N. Flower Street Santa Ana, CA 92703 Attention: Director City of Huntington Beach P.O. Box 70 Huntington Beach, CA 92648 Attention: 21. ATTACHMENTS TO LICENSE (PML15.1 S) This License includes the following, which are attached hereto and made a part hereof: I. GENERAL CONDITIONS Ti. EXHIBIT A 11 II 1/ RA=qs HUNT13CH5 10/14/97-1 Q 0 r-I LJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have executed this License the day and year first above written. APPROVED AS TO FORM: By Qd, Attorney REVIEWrD AND APPROVED: By c� City Administrator INITIATED AND APPROVED: B //;"" � / " a�4 Y / Deputy City Administrator Administrative Services APPROVED AS TO FORM: Laurence M. Watson County Counsel By Deputy Date RECOMMENDED FOR APPROVAL. Integrated Waste Management Department By SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF TI IE BOARD. Darlene J. Bloom Clerk of the Board of Supervisors of Orange County, California LICENSEE CITY OF HUNTINGTON BEACH By Mayor ATTEST: By City Clerk COUNTY COUNTY OF ORANGE By Chairman of the Board of Supervisors RA-qs HUNTBOO 11126/97-1 7- DIRT BERM A Kil DIRT ACCESS ROAD _ DRIVE THRu TRANSFER ' PIT 18131 Gothard29 DRIVE THRU G o~o TRANSFER PIT k w PROPOSED NEW ITEMS IN RED FENCING W =?�!SUNSiNDE 6 �'. 1'i Cr1 r BENCHES U. U. s �5;('!"A8p11AL�CQ�ICR �;k•`�;�; A!R{RL� ',' . i. -14 0 ll ! 1 PORTA POT71E5 lam. .�?. • - PROBES -- GOTHARD STREET NORTH --- Oil- N 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. GENERAL CONDITIONS (PMLGI-15 S) 1. PERMITS AND LICENSES (PMLGI S) LICENSEE shall be required to obtain any and all permits and/or licenses which may be required in connection with the operation of the License Area as set out herein. No permit, approval, or consent given hereunder by COUNTY, in its governmental capacity, shall affect or limit LICENSEE's obligations hereunder, nor shall any approvals or consents given by COUNTY, as a party to this Agreement, be deemed approval as to compliance or conformance with applicable governmental codes, laws, rules, or regulations. 2. SIGNS (PMLG2 S) LICENSEE agrees not to construct, maintain, or allow any signs, banners, flags, etc., upon License Area except as approved by Director of IWMD. Unapproved signs, banners, flags, etc., may be removed. 3. LICENSE ORGANIZATION (PMLG3 S) The various headings and numbers herein, the grouping of provisions of this License into separate clauses and paragraphs, and the organization hereof, are for the purpose of convenience only and shall not be considered otherwise. 4. AMENDMENTS (PMLG4 S) This License is the sole and only agreement between the parties regarding the subject matter hereof, other agreements, either oral or written, are void. Any changes to this License shall be in writing and shall be properly executed by both parties. 5. UNLAWFUL USE (PMLG5 S) LICENSEE agrees no improvements shall be erected, placed upon, operated, nor maintained on the License Area, nor any business conducted or carried on therein or therefrom, in violation of the terms of this License, or of any regulation, order of law, statute, bylaw, or ordinance of a governmental agency having jurisdiction. 16. INSPECTION (PMLG6 S) COUNTY or its authorized representative shall have the right at all reasonable times to inspect the operation to determine if the provisions of this License are being complied with. 17. INDEMNIFICATION (PMLGI S) LICENSEE hereby waives all claims and recourse against COUNTY including the right of contribution for Ioss or damage of persons or property arising from, growing out of, or in any way connected with or related to this License except claims arising from the concurrent active or sole negligence of COUNTY, its officers, agents, and employees. LICENSEE hereby agrees to indemnify, hold harmless, and defend COUNTY, its officers, agents, and employees against any and all claims, loss, demands, damages, cost, expenses, or liability costs arising out of the operation, use, or maintenance of the property described herein, and/or LICENSEE's exercise of the rights under this License, excep for liability arising out of the concurrent active or sole negligence of COUNTY, its officers, agents, or employees, including the cost of defense of any lawsuit arising therefrom. In the event COUNTY is named as co-defendant, LICENSEE shall notify COUNTY of such fact and shall represent COUNTY in such legal action unless COUNTY undertakes to represent itself as co-defendant in such legal action, in which event LICENSEE shall pay to COUNTY its litigation costs, expenses, and attorney's fees. In the event judgment is entered against COUNTY and LICENSEE because of the concurrent active negligence of COUNTY and RA-gs HUNTBCHS 10/14/97-1 - 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LICENSEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made a court of competent jurisdiction. Neither party shall request a jury apportionment. 8. TAXES AND ASSESSMENTS (PMLG8 S) Although not anticipated, should this License create a possessory interest which is subject to the payment of taxes levied on such interest, it is understood and agreed that all taxes and assessments (including but not limited to said possessory interest tax) which become due and payable in connection with this License or upon fixtures, equipment, or other property used in connection with this License, shall be the full responsibility of LICENSEE, and LICENSEE shall cause said taxes and assessments to be paid promptly. 9. PARTIAL INVALIDITY (PMLG9 S) If any term, covenant, condition, or provision of this License is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 10. WAIVER OF RIGHTS (PMLG 10 S) The failure of COUNTY to insist upon strict performance of any of the terms, covenants, or conditions of this License shall not be deemed a waiver of any right or remedy that COUNTY may have, and shall not be deemed a waiver of the right to require strict performance of all the terms, covenants, and conditions of the License thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant, or condition of the License. Any waiver, in order to be effective, must be signed by the party whose right or remedy is being waived. 11. CONDITION OF LICENSE AREA UPON TERMINATION (PMLG 12 S) Except as otherwise agreed to herein, upon termination of this License, LICENSEE shall redeliver possession of said License Area to COUNTY in substantially the same condition that existed immediately prior to LICENSEE's entry thereon, reasonable wear and tear, flood, earthquakes, war, and any act of war excepted. 12. DISPOSITION OF ABANDONED PERSONAL PROPERTY (PMLG 13 S) If LICENSEE abandons the License Area or is dispossessed thereof by process of law or otherwise, title to any personal property belonging to LICENSEE and left on the License Area 10 days after such event shall be deemed, at COUNTY's option, to have been transferred to COUNTY. COUNTY shall have the right to remove and to dispose of such property without liability therefor to LICENSEE or to any person claiming under LICENSEE, and shall have no need to account therefor. 13. TIME OF ESSENCE (PMLG 14 S) Time is of the essence of this License Agreement. Failure to comply with any time requirements of this License constitute a material breach of this License. 14. NO ASSIGNMENT (PMLG15 S) The License granted hereby is personal to LICENSEE and any assignment of said license by LICENSEE, voluntarily or by operation of law, shall automatically terminate the License granted hereby. RA:gs HUNTBCH5 10/14/97-1 • 0 ATTACHMENT #2 DIRT BERM DIRT ACCESS ROAD 18131 Gothard PROPOSED NEW ITEMS IN RED DRIVE THRU TRANSFER PIT PROPOSED -, FENCING GOTHARD STREET A 20 4 267. 1 . 1 00 SUNS AOE R �s' u BENCHES �.�'119PF1Ali ' Aed+u�t CbNCEi P11b)'?`ti, , v+v• f4 `.0 PORrh POTTIES" PROBES NORTH -r n \, iq 4' w �1 0 0 0 ATTACHMENT #3 W 11519P �i»c0t�s L9» ORDINANCE NO.�= �. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADDING CHAPTER 9.88 TO THE HUNTINGTON BEACH MUNICIPAL PERTAINING TO EMPLOYMENT SOLICITATION The City Council of the City of Huntington Beach does ordain as follows: SECTION 1. That Chapter 9.88 is hereby added to the Huntington Beach Municipal Code, said Chapter to read as follows: f Chapter 9.88 Employment Solicitation Section: 9.88.010 Purpose of Chapter 9.88.020 Definitions 9.88.030 Solicitation of and for employm 9.88.040 Solicitation Prohibited in Nonre 9.88.050 Validity 9.88.060 Enforcement on public street or highway prohibited. ntial Parking Areas 9.88.010 Purpose of Chapter. The pufpose of this chapter is to regulate the time, place and manner of the solicitation of and for employment on streets and highways, public areas and nonresidential parking areas. These regulations are not intended to restrict the right of free speech or alternative channels of/communications, but to ensure the protection of the public health, safety and general welfare. 9.88.020 Definitions: (a) "Employment" shall mean any offer or exchange or consideration for labor, industry or other personal services, including part-time or temporary services, for wages or other compensation. (b) "Nonresidential psrking area" means all private property comprising the parking area adjoining nonresidential premises, i.e., commercial strip malls and shopping centers, including but not limited to driveways, setbacks and portions that are landscaped. (c) "Solicit or life" means any request, offer, announcement, enticement or other action or gesture which induces another person to reasonably believe that his or her services are being s'96ght or are being made available for hire, whether or not an actual employment relationship is created. A solicitation as defined herein shall be deemed completed when made whether or not A actual employment relationship is created. 7/k/daAborll MM7 i = � (d) "Street or highway' means all of the area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, medians, alleys, sidewalks, curbs and other public rights -of -way. i (e) "Vehicle" means a vehicle as defined in Califomia Vehicle Code §670 as th 'same now reads or may hereafter be amended. , 9.88.030 Solicitation of and for employment on street or highway rohib_ d. It is unlawful for any person to engage in the solicitation of employment and for employees on any street or highway. 9.88.040 SoycAtatlon Pronlbitea 1n Nonresiaential taming Areas. i (a) It is unlawful for persons to solicit or offer employment ,vthin 25 feet of any parking lot or driveway open to the public. This section shall noPe construed so as to prohibit a business establishment or property owner from soliciting or hiring employees at or on his or her premises. For the purpose of this section, vehicles and other similar types of mobile locations shall not be considered a business establishment or premises- (b) This section shall not be operative unless the owner, the owner's agent or the person in lawful possession of the nonresidential parking area has caused a notice to be posted in a conspicuous place at each entrance,to such nonresidential parking area not less than eighteen by twenty-four inches in size with lettering not less than one inch in height and not to exceed in total area.six square feet. The content of such notice shall be in substantially the following form! in both the English and Spanish languages: It is a misdemeanor to solicit of offer employment at this location unless I the cmpioNnnent will be on these oremises. (H.B.M-C_ §9.88.040) 9.88.050 Validity. If any./section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Huntington Beach hereby declares that it would have adopted the ordinance and these sections, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions are declared invalid or unconstitutional. 9.88.060 Enforcement Enforcement of this section may be accomplished by: (1) the owner, the owner's agent, or the person in lawful possession of the business premises, under the provisions of Califomia Penal Code §847 (Arrest by Private Person); or (2) a peace officer of the Huntington Beach Police Department; or (3) ,a code enforcement officer of the City of Huntington Beach; or (4) / the filing of a criminal or civil complaint by the City Attorney. 2 7AUd3yWW/I raW SECTION 2. This ordinance shall take effect 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the day of , 1997,E ATTEST: City Clerk REVIEWED A Cit Administn Mayor APPROVED AS TO 3 7/k/daylabor/t /23/97