SECTION I - STANDARD TERMS AND CONDITIONS
USAGE |
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Issued: |
Effective: |
Item: 1 |
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All persons, firms, corporations, or others desiring to use any of the
premises and/or facilities of the On application and subject to availability of and prior arrangement made,
the For the issuance of such permission the Charges otherwise provided in the tariff for wharfage, dockage, handling, belting, storage, and for any other services or purposes assessed by the Port shall be in addition to the usage charge. The All users of the premises and/or facilities granted the use of the |
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CONSENT TO TERMS OF TARIFF |
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Issued: |
Effective: |
Item: 2 |
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Use of the |
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APPLICATION
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Issued: |
Effective: |
Item: 3 |
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Rates, rules, terms, conditions, and regulations contained in this tariff shall apply equally to all users on the effective date shown in this tariff and as amended. Revised pages shall be issued to cover changes in this tariff, however all
rates and regulations in this tariff are subject to change without notice
except as may be required by law. The Director of the Any usage agreement and any premises, if any, described in usage
agreements between users and |
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RIGHTS OF WAY |
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Issued: |
Effective: |
Item: 4 |
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The Port retains all Rights-of-way for streets, highways, railroads,
sewers, pipelines, conduits and for telephone, telegraph, light, heat and
power lines as may from time to time be determined to be necessary by the |
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PRIOR EASEMENTS |
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Issued: |
Effective: |
Item: 5 |
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Usage of Port property shall at all times be subject to all prior
exceptions, reservations, grants, easements, leases, or licenses of any kind
whatsoever as the same appear of record in the Office of the Recorder of San
Joaquin The |
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INSPECTION |
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Issued: |
Effective: |
Item: 6 |
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Users must inspect the premises in contemplation of occupying them for the uses as outlined in the usage agreement. |
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SUITABILITY OF PREMISES OR FACILITIES
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Issued: |
Effective: |
Item: 7 |
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Users agree that facilities, premises, including any improvements existing
thereon covered by a signed letter of agreement, are suitable for users
intended uses, and that no officer or employee of Any modification, improvement or addition to the premises and any
equipment installation required by the Fire Department, Department of
Building Safety, Air Pollution Control District, Regional Water Quality
Control Board, Coast Guard, Environmental Protection Agency, or any other
local, regional, state or federal agency in connection with users operations
shall be constructed or installed at users sole expense, and shall be subject
to approval by the |
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HOLDOVER |
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Issued: |
Effective: |
Item: 8 |
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Users shall not hold over all or any part of the premises after the termination
or expiration of the agreement without first obtaining the approval in
writing of the Port Director. Any such holdover shall be deemed an extension
of the agreement on a month-to-month basis, at a rate of rent equal to one
hundred twenty percent (120%) of the monthly rent for the last month of the
term of the agreement (as extended, if applicable) and shall otherwise be
upon the same terms and conditions as set forth in the agreement. In the
event during any such holdover, |
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FEDERAL MARITIME COMMISION FILING |
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Issued: |
Effective: |
Item: 9 |
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All agreements may be submitted to the Federal Maritime Commission of the United States of America for either approval or a determination by such Commission that the agreement is not subject to the Shipping Act of 1916, as amended. In the event it is determined that the agreement is subject to said Act, then the agreement shall only become effective on the first day of the calendar month following approval. In the event the Commission determines that the agreement is not subject to said Act, then the term hereof shall commence on the date first written in the letter of agreement, and shall become retroactive to that date. |
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PAYMENT OF USER FEES |
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Issued: |
Effective: |
Item: 10 |
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User fee payments are due when invoiced. Charges which have not been paid within thirty (30) days of the date of invoice shall be subject to a finance charge of one and a half percent (1-1/2%) per month. |
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RECORDS
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Issued: |
Effective: |
Item: 11 |
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Users shall maintain locally a system of accounts and records satisfactory
to Port Director, covering all transactions and operations conducted under
the agreement, which shall be preserved during the life of the agreement and
for three (3) months thereafter. The accounts and records shall be open and
available at all reasonable times for examination, audit and transcription therefrom by |
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PROMOTION OF
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Issued: |
Effective: |
Item: 13 |
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Users shall in good faith and with all reasonable diligence use their best efforts, suitable advertising and other means to promote the use of the premises granted by the agreement. |
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SUPERVISION OF BUSINESS PRACTICES |
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Issued: |
Effective: |
Item: 14 |
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The nature and manner of conducting any and all business activities on the
premises shall be subject to the tariff and reasonable regulation by the Users shall also conduct their business in a first-class manner. Users
shall furnish and maintain a standard of service at least equal to that of
the better class of similar businesses providing similar services and
facilities in the |
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BUSINESS CURTAILMENT |
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Issued: |
Effective: |
Item: 15 |
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For any period during which user has ceased or substantially curtailed the operation and conduct of its business under the agreement for reasons other than partial or total destruction of the premises, user shall pay usage for that period at the regular rate. |
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PERMITTED USES |
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Issued: |
Effective: |
Item: 16 |
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Facilities for which usage has been granted by a letter of agreement or
this tariff shall be used only for those purposes designated. Users shall not
use or permit the premises or any part thereof to be used in whole or in part
for any other purpose without the prior written approval of Port Director or
his representative, and subject to such restrictions, limitations and
conditions as may be imposed by |
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INCREASED INSURANCE RATES |
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Issued: |
Effective: |
Item: 17 |
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Users shall not use the premises in any manner, even if its use is for the purposes enumerated in the letter of agreement, that will increase the premium rate of insurance for the premises, adjacent premises, or that will cause cancellation of any insurance policy covering such premises. Users shall not keep on the premises or permit to be kept, used, or sold thereon, anything prohibited by any policy of fire insurance covering premises. |
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SHIPPING ACT |
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Issued: |
Effective: |
Item: 18 |
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Notwithstanding any other provision contained in the letter of agreement, users shall not use the premises hereby granted or furnish any facilities or services thereon for or in connection with a common carrier by water as that term is defined in the Shipping Act, 1916, as amended, unless and until an agreement has been submitted to the Federal Maritime Commission pursuant to Section 15, Shipping Act, 1916, and has either been approved or determined not to be subject to said Act. |
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DEFAULT
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Issued: |
Effective: |
Item: 19 |
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Upon the neglect, failure or refusal by the user to comply with any of the
terms or conditions of the tariff |
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THIRTY-DAY NONUSE |
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Issued: |
Effective: |
Item: 20 |
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If user fails or ceases to use the premises or any portion thereof for the
purposes and in the manner as described in the tariff or the letter of
agreement prescribed for a period of more than thirty (30) consecutive days
without the consent of |
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TERMINATION BY COURT DECREE |
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Issued: |
Effective: |
Item: 21 |
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In the event that any court having jurisdiction in the matter shall render
a decision which has become final and which will prevent the performance by |
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TERMINATION BY DESTRUCTION OF PREMISES |
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Issued: |
Effective: |
Item: 22 |
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In the event the premises, or the building in which they are situated, are
totally destroyed by fire not resulting from users neglect of fault,
earthquake, or other natural disaster or action of the elements, or so nearly
destroyed as to require rebuilding, during the term of the agreement, then
the usage charge shall be paid up to the time of such destruction and the
agreement shall thereupon terminate. Neither party shall have any further
rights or be under any further obligations on account of the agreement,
except the |
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IMPROVEMENTS |
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Issued: |
Effective: |
Item: 23 |
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The construction or alteration of works, structures and other improvements, including change of grade, agreed to between user and the Port shall be commenced within ninety (90) days of the effective date of the agreement and shall be prosecuted diligently to completion by user. |
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APPROVAL OF PLANS |
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Issued: |
Effective: |
Item: 24 |
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Users shall not construct or alter any works, structures or other improvements upon Port premises, including a change in the grade thereof, without first submitting to the Port Director a complete set of drawings, plans and specifications therefor and obtaining his approval. The Port Director shall have the right to order changes in said drawings, plans and specifications. In the event that the Port Director orders such a change and user believes that such a change will have any detrimental effect on the structural integrity of the work, structure or improvement, or increase any hazard to life or property, user shall immediately notify him thereof. In the event that user fails to do so, the drawings, plans and specifications shall be treated for all purposes as if they had been originally prepared by user, as changed. |
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COMPLIANCE WITH APPLICABLE
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Issued: |
Effective: |
Item: 25 |
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All operations, work, structure or improvement constructed, or alteration or change of grade, by user shall confirm with the plans and specifications as approved by the Port Director and shall conform in all respects to the applicable Federal, State, regional, and local laws, statutes, ordinances, rules and regulations. The approval of operations, plans, construction or other work by the Port Director shall not constitute a representation or warranty as to conformity with applicable laws, statutes, ordinances or rules and regulations. |
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OWNERSHIP |
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Issued: |
Effective: |
Item: 28 |
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All improvements, works and structures made or erected by users upon the premises remain the property of users subject to the terms and conditions contained in the letter of agreement, unless otherwise agreed upon. |
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MAINTENANCE
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Issued: |
Effective: |
Item: 29 |
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Except for roofs and exteriors of buildings owned or under the control of
the |
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SURRENDER OF PREMISES |
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Issued: |
Effective: |
Item: 30 |
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On or before expiration of the term of the agreement, or any sooner termination thereof, users shall surrender all rights in and to the premises and all permanent buildings and/or structures of any character whatsoever, erected, installed or made, under, through or because of, or pursuant to the terms of this Agreement, or any prior agreement to the Port and said permanent buildings and/or structures shall ipso facto become the property of the Stockton Port District, free and clear of any claim of any kind or nature of user or its successors in interest, or, at the Port's option, Port can require user to remove, at its sole cost and expense, such works, structures, improvements and pipelines of any kind whatsoever placed or maintained on the premises by user unless otherwise provided, and in such case where Port required removal, user shall leave the surface of the ground in a level, graded condition with no excavations, holes, hollows, hills or humps. Upon the expiration of the term of this Agreement or any sooner termination thereof, user shall quit and surrender possession of the premises to Port in at least as good and usable a condition, acceptable to Port Director, as the same were in at the time of the first occupation thereof by user under this or any prior agreement, lease or permit, ordinary wear and tear excepted. User shall remove all debris from areas within the premises. |
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SERVICE
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Issued: |
Effective: |
Item: 31 |
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Unless otherwise provided for in the letter of agreement, users shall pay all charges for services furnished to the premises or used in connection with its occupancy, including but not limited to heat, gas, power, telephone, water, light and janitorial services, and pay all deposits, connection fees, charges and meter rentals required by the supplier of any such service, including the City. |
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INSPECTION OF PREMISES |
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Issued: |
Effective: |
Item: 32 |
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The Port Director and his duly authorized representatives shall have the
right to enter upon the premises and improvements constructed by users at any
and all reasonable times during the term of the agreement for the purpose of
determining compliance with its terms and conditions or for any other purpose
incidental to the rights of |
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SIGNS |
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Issued: |
Effective: |
Item: 33 |
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Users shall not erect or display, or permit to be erected or displayed, on the premises, or upon works, structures and improvements made by users, any advertising matter of any kind, including signs, without first obtaining the written consent of Port Director. Users shall post, erect and maintain on the premises such signs as the Port Director may direct. |
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INDEMNITY |
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Issued: |
Effective: |
Item: 34 |
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Users shall at all times relieve, indemnify, protect and hold harmless |
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(1) |
Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by users or tenants, its officers, agents, customers, employees, sub-tenants, licensees or invitees; |
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(2) |
Any operation conducted upon or any use or occupation of the premises by user, its officers, agents, employees, sub-tenants, licensees or invitees under or pursuant to the provisions of the agreement or otherwise; |
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(3) |
Any act, omission or negligence of user, its officers, agents, employees,
sub-tenants, licensees or invitees, regardless of whether any act, omission
or negligence of |
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(4) |
Any failure of user, its officers, agents or employees to comply with any of the terms or conditions of the agreement or any applicable Federal, state, regional, or municipal law, ordinance, rule or regulation; or |
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(5) |
The conditions, operations, use, occupation, acts, omissions or negligence referred to in Subdivisions (1), (2), (3), and (4) of this item "Indemnity", existing or conducted upon or arising from the use or occupation by users or its invitees on any other premises with the Stockton Port District, used or occupied by user, its agents, employees, sub-tenants, licensees or invitees, without the express written authorization of the Port Director. |
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Users also agree to indemnify User or users' insurance carrier waives all rights of subrogation for loss or damage to contents of works, structures and improvements on the premises. |
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INSURANCE |
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Issued: |
Effective: |
Item: 35 |
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Users shall procure, maintain and keep in force at all times while using the premises and facilities of the Port, at user's sole expense, the following insurance: |
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(1) |
Public Liability. Broad form public liability insurance, including, but not limited to, protection against claims arising from bodily and personal in- jury, damage to property, and use of owned or non-owned automobiles. The amounts of insurance shall be not less than the following: Single Limit Coverage applying to Bodily and Personal Injury Liability and Property Damage in the amount of Five Million Dollars ($5,000,000). |
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(2) |
Worker's Compensation Insurance. Worker's Compensation insurance, and/or United States Longshore and Harbor Workers coverage and/or Maritime Employers Liability, where applicable, with coverage as required by applicable Federal or State of California laws and Employer’s Liability coverage with limits of not less than $2,000,000 for each occurrence. |
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(3) |
Builder's Risk. Before commencement of any demolition or construction, user shall procure, and shall maintain in force until completion and acceptance of the work, "all risks" builder's risk insurance including vandalism and malicious mischief, in form and with a company reasonably acceptable to Port, covering improvements in place and all material and equipment at the job site furnished under contract, but excluding contractor's, subcontractor's and construction manager's tools and equipment and property owned by contractor's or subcontractor's employees, with limits sufficient to provide adequate reimbursement for any covered loss at the job site. Permission is granted for a deductible, which shall not exceed Ten Thousand Dollars ($10,000) without the prior written approval of Port. |
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(4) |
Boiler and Machinery. Boiler and machinery insurance, if at any time or from time to time such equipment is located on the premises. |
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Other Conditions |
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(1) |
All insurance required by express provisions of this tariff shall be carried only with responsible insurance companies licensed to do business in California. All such policies shall be non-assessable and shall contain language, to the extent obtainable, to the effect that (i) any loss shall be payable not- withstanding any act or negligence of Port that might otherwise result in a forfeiture of the insurance, (ii) the insurer waives the right of subrogation against the Port and against the Port's agents and representatives, (iii) the policies are primary and noncontributing with any insurance that may be carried by the Port, and (iv) they cannot be cancelled or materially changed except after thirty (30) days' notice by the insurer to the Port. Before using premises or facilities of the Port, user shall furnish Port with copies of all such policies or with certificates evidencing the insurance and naming the Port as additional insured, where applicable. |
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(2) |
If user fails or refuses to procure or to maintain insurance as required by this tariff or fails or refuses to furnish Port with required proof that the insurance has been procured and is in force and paid for, Port shall have the right, at Port's election and on fifteen (15) days' notice, to procure and maintain such insurance. The premiums paid by Port shall be treated as an added usage charge due from user. Port's right to procure and maintain insurance as provided herein shall not limit any other remedies of Port. Without limiting the foregoing, Port shall have the right to terminate user's right to use Port premises and facilities if user does not comply in all respects with user's obligations under this Item 35. |
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(3) |
Each policy must also contain an endorsement reading as follows: "Notwithstanding any inconsistent statement in the policy to which this endorsement is attached, or any endorsement or certificate now or hereafter attached hereto, it is agreed that the Stockton Port District, its Board of Port Commissioners, their officers, officials, directors, agents and employees, are additional named insureds hereunder, and that coverage is provided for all operations, uses, occupations and activities of the insured with regard to the premises and facilities of the Stockton Port District. |
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(4) |
Written notice of occurrences of claims under each policy shall be timely made to Port. |
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(5) |
If an insurance policy provides coverage on a "claims made" basis, it must be changed to an "occurrence" basis. |
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(6) |
Permission is granted for a deductible, which shall not exceed Ten Thousand Dollars ($10,000) without written approval of Port. |
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ACCIDENT REPORTS |
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Issued: |
Effective: |
Item: 36 |
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Users shall report in writing to Port Director within fifteen (15) days after it, its officers or managing agents have knowledge of any accident or occurrence involving death or of injury to any person or persons, or damage in excess of $500 to property, occurring upon the premises, or elsewhere within the Stockton Port District if users officers, agents or employees are involved in such an accident or occurrence. Such report shall contain to the extent available (1) the name and address of the persons involved, (2) a general statement as to the nature and extent of injury or damage, (3) the date and hour of occurrence, (4) the names and addresses of known witnesses, and (5) such other information as may be known to user, its officers or managing agents. |
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SUB-USERS
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Issued: |
Effective: |
Item: 37 |
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No assignment, sub-users, transfer, gift, hypothecation or grant of
control, or other encumbrance or the agreement, or any interest therein or
any right or privilege there- under, whether voluntary or by operation of
law, in whole or in part, shall be valid for any purpose unless first
approved by order of the |
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TERMS BINDING ON SUCCESSORS |
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Issued: |
Effective: |
Item: 38 |
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All the terms, covenants and conditions of the agreement shall enure to the benefit of and be binding upon the successors and assigns of the parties of the agreement. The provisions of this Subsection shall not be deemed as a waiver of any of the conditions against assignment herein above set forth. |
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TRANSFER OF STOCK |
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Issued: |
Effective: |
Item: 39 |
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If, during any calendar year after the filing of the application for the agreement, more than ten percent (10%) of the outstanding shares of capital stock of user is traded, user shall notify the Port Director in writing within ten (10) days after the transfer date provided, however, that this provision shall have no application in the event user is a corporate entity whose stock is listed on either the American Stock Exchange, the New York Stock Exchange, or the Pacific Coast Stock Exchange. |
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ASSIGNEE AS USER |
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Issued: |
Effective: |
Item: 40 |
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The term "user" shall include any assignee of user under any
assignment granted by |
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APPLICABLE LAW |
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Issued: |
Effective: |
Item: 41 |
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It is expressly understood and agreed that any agreement and all questions arising thereunder shall be construed according to the laws of the State of California. |
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COMPLIANCE WITH APPLICABLE
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Issued: |
Effective: |
Item: 42 |
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Users shall, at all times, in its use and occupancy of the premises and in the conduct of its operations thereon, comply with all laws, statutes, ordinances, rules and regulations applicable thereto, enacted and adopted by Federal, state, regional, municipal or other governmental bodies, or departments or offices thereof. In addition to the foregoing, users shall comply immediately with any and all directives issued by the Port Director or his authorized representative under authority of any such law, statute, ordinance, rule or regulation. Users agree not to discriminate in their employment practices against any employee or applicant for employment because of the applicant's race, religion, national origin, ancestry, sex, age or physical handicap. All subcontracts awarded under or pursuant to the agreement shall contain this provision. |
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LICENSE FEES
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Issued: |
Effective: |
Item: 43 |
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Users shall pay all taxes and assessments of whatever character levied upon or charged against the interest of users, if any, created by the agreement in the premises or upon works, structures, improvements or other property thereon, or upon users operations hereunder. Users shall also pay all license and permit fees required for the conduct of its operations hereunder. No payments of taxes or assessments or both shall be prorated for any period of time during a usage agreement which is less than a full calendar year. For permitted installment payments, users shall pay all installments falling due during the term of the applicable usage agreement. If such payments falling due during the term of such usage agreement are for periods prior to or after expiration of such usage agreement, users shall make all such payments and may seek reimbursement only from the taxing or charging authority and not from the Port. |
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INVALIDITY |
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Issued: |
Effective: |
Item: 44 |
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If any term or provision of the agreement or the tariff or the application thereof to any person or circumstance shall be held invalid or unenforceable to any extent by a final judgment of any court of competent jurisdiction, the remainder of the agreement or the tariff or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall continue in full force and effect. |
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WAIVER OF CLAIMS |
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Issued: |
Effective: |
Item: 45 |
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Users hereby waive any claim against |
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CONFLICT OF INTEREST |
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Issued: |
Effective: |
Item: 46 |
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It is hereby understood and agreed that all users have read and are aware of
the provisions of Section 1090 et seq. and Section 87100 et seq. of the
Government Code relating to conflict of interest of public officers and
employees. All parties agree that they are unaware of any financial or
economic interest of any public officer or employee of |
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VISITORS |
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Issued: |
Effective: |
Item: 47 |
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Users shall allow Port Director and his designated representatives access to the premises for the purpose of showing the premises and works, structures and improvements made by users to visitors upon the giving of reasonable notice to users, provided, however, that such entry shall not unreasonably interfere with users operations. |
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ATTORNEYS' FEES |
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Issued: |
Effective: |
Item: 48 |
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If either party brings any action or proceeding to enforce, protect, or
establish any right or remedy arising out of or based on use of Port premises,
or the usage agreement, including but not limited to the recovery of damages
for its breach, the prevailing party in said action or proceeding shall be
entitled to recovery of its costs and reasonable attorneys' fees. In the
event |
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NOTICES |
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Issued: |
Effective: |
Item: 49 |
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In all cases where written notice is to be given under the tariff or a
usage agreement, service shall be deemed sufficient if said notice is
deposited in the United States mail, postage prepaid. When so given, such
notice shall be effective from the date of mailing of the same. For the
purpose hereof, unless otherwise provided by notice in writing from the
respective parties, notice to |
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WAIVERS |
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Issued: |
Effective: |
Item: 50 |
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No waiver by either party at any time of any of the terms, conditions,
covenants or agreements of any usage agreement shall be deemed or taken as a waiver
at any time thereafter of the same or any other term, condition, covenant or
agreement contained in the tariff or the letter of agreement, nor of the
strict and prompt performance thereof by the proper party. The subsequent
acceptance of usage charges by |
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INTEGRATION |
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Issued: |
Effective: |
Item: 51 |
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This tariff and any usage agreement shall constitute the whole agreement
between |
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EXTENSIONS |
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Issued: |
Effective: |
Item: 52 |
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LEASE OF FACILITIES |
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Issued: |
Effective: |
Item: 53 |
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Lease of certain properties may be negotiated. |
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VESSEL MANNING |
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Issued: |
Effective: |
Item: 56 |
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Any vessel lying at the Wharves or at anchor must, at all times, have on board at least one person in charge of said vessel who has authority to take such action, in any emergency, as may be required, and sufficient crew to assure the vessels safety while alongside or at anchor, and allow for the vessel to be moved if required. |
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APPLICATION FOR BERTH |
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Issued: |
Effective: |
Item: 57 |
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All steamships, their owners or agents, desiring berth at the wharves
shall, as far in advance of the date of docking as possible, make application
for same, specifying the date and expected time of arrival and departure from
berth, and the nature and quantity of cargo to be handled. Application for
berth is to be made to the Port Director. Application for berth will be
construed by the |
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DEMURRAGE ON VESSELS |
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Issued: |
Effective: |
Item: 58 |
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The |
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PAYMENT OF CHARGES, CARGO STATEMENTS REQUIRED |
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Issued: |
Effective: |
Item: 59 |
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All All steamship lines, rail, truck, or barge lines, importers, exporters,
shippers, and their agents, using the facilities shall, within 5 days after
the arrival of the vessel at berth in the case of inbound cargo, or within 5
days after the departure of the vessel from berth in the case of outbound
cargo, furnish the All users of the Claims in excess of $10.00 will require specific approval of the Port Director before refund is made. The |
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FINANCE CHARGES |
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Issued: |
Effective: |
Item: 60 |
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A finance charge of 1-1/2% per month will be charged on all unpaid balances outstanding over thirty (30) days from invoice date. |
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DUMPING INTO WATERS |
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Issued: |
Effective: |
Item: 61 |
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The dumping of oil, oily wastes, trash or other objectionable matter into the waters of the Inner Harbor or other navigable waters is prohibited. |
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FREIGHT OR CARGO LIABLE TO DAMAGE OTHER FREIGHT OR CARGO |
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Issued: |
Effective: |
Item: 62 |
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If, in the opinion of the Port Director, any freight or cargo is likely to damage other freight or cargo, it may be moved to another shed or warehouse or to private facilities at the risk and expense of the owner, without the necessity of prior notice to the owner. |
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NO SMOKING |
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Issued: |
Effective: |
Item: 64 |
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No person shall smoke or have in their possession any fire or lighted material on or upon the wharves or in the warehouses, sheds or other structures set apart for the unloading or loading of vessels, or for the storage or warehousing of their cargoes, or other merchandise; nor shall any person smoke upon any truck, dray, float, automobile or vehicle of any kind when using the structures aforesaid. It shall be unlawful for any person to smoke or use matches, cigar or cigarette lighters in the hold of any vessel or upon the decks thereof, while loading or unloading cargo. |
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SIGNS, ERECTION OF |
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Issued: |
Effective: |
Item: 65 |
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Signs may be erected on |
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MAXIMUM LOAD ON FLOORS
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Issued: |
Effective: |
Item: 66 |
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The Port Director reserves the right to specify the maximum load that may be placed on the warehouse or transit shed floors, or on the deck slab of the wharves and the manner in which single heavy pieces shall be moved over said floors or wharves and he also reserves the right to specify the maximum height to which any commodity may be stacked or piled. |
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DELINQUENT LIST |
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Issued: |
Effective: |
Item: 67 |
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All vessels, their owners or agents, or other users of the facilities of
the |
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WHARF CLEANING
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Issued: |
Effective: |
Item: 68 |
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(a) |
Upon completion of vessel operations or any "Handling" operation
authorized, the |
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(b) |
Stevedore's tolls, appliances, equipment, donkey engines, vehicles or any
other material or object which is not part of the cargo will not be permitted
to remain on wharves. If such obstruction is not removed immediately upon
notification by the Port Director, it will be removed, stored, or sold by the
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(c) |
Upon completion of vessel loading, all empty pallets must be stacked in
areas designated by the Pallets may not be stacked and stored on aprons, against warehouse or in open
areas used for cargo storage. Pallets allowed to remain in above areas will
be removed by |
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REMOVAL OF ARTICLES DROPPED INTO CHANNEL |
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Issued: |
Effective: |
Item: 69 |
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Stages must be set in such manner as to prevent cargo or scrap from
falling into the channel. In the event stevedores or others responsible do not
set stages properly, the |
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TRAFFIC
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Issued: |
Effective: |
Item: 70 |
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Shippers picking up and delivering cargo to the Port by truck are required to give 24 hours advance notice. Unscheduled trucks will be unloaded on an opportune basis only. |
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LIGHTS AT NIGHT |
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Issued: |
Effective: |
Item: 71 |
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All vessels, barges, or other watercraft, while anchored or moored in the
waterways of the |
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STORAGE SHUT-OUT CARGO |
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Issued: |
Effective: |
Item: 72 |
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The steamship line will be held liable for storage charges for cargo shut-out by a vessel. Steamship lines will be required to furnish statement of cargo shut-out within five (5) days after departure of vessel. |
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DISTRICT BOUNDARIES
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Issued: |
Effective: |
Item: 73 |
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The Port District regulates all waterways, wharves and docks within the District and supervises pilotage in the navigable waterways in the District and acts as local sponsor for Federal projects within the District and for the navigable waterways from the mouth of New York Slough to the District boundaries. The Port District regulates and controls the construction of wharves, docks and improvements of all types contemplated on the waterways of the District and the construction, maintenance and operation or use of all wharves, warehouses, structures, improvements or appliances used in connection with or for the accommodation and promotion of transportation or navigation on any improvement project of the Federal Government applying to the main waterway entering the District and on other navigable streams, improved or unimproved, which lie within the District and enforces police and sanitary regulations in connection therewith. (Harbors and Navigation Code, State of California.) The District includes the |
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HARBOR USAGE |
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Issued: |
Effective: |
Item: 75 |
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Use of the navigable waterways of the District or improved or unimproved navigable streams, by vessels or for construction or operation of wharves, docks and improvements of all types used in connection with or for the accommodation or promotion of transportation or navigation shall constitute a consent to all of the terms and conditions of this tariff and evidences an agreement on the part of any user(s) to be governed by all rules, terms, regulations, conditions, and legal actions of this tariff and to pay all charges specified in this tariff. |
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HARBOR USAGE CHARGE |
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Issued: |
Effective: |
Item: 76 |
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All users of waters of the Port District as described in Items 73, 74 and 75 shall pay harbor usage charges as provided in this tariff to assist in defraying the expense of administration, maintenance, promotion and regulation of the Port District, harbor and channel, including the super vision of the shipping of the port, policing the harbor, and the port facilities and the maintenance of a tug to aid vessels in distress. Harbor usage charges shall be paid by the operator of the vessel, wharf, dock or facility. Vessels, wharves, docks and facilities owned and operated by the Federal Government are exempt from Harbor Usage Charges. |
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EQUIPMENT RENTAL - RULES
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Issued: |
Effective: |
Item: 77 |
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(1) |
Port equipment is presumed to be in good operating condition when turned
over to user, but the |
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(2) |
Port equipment turned over to user is under user's supervision, direction
and control. User assumes sole responsibility and liability for injury to or
death of any person whomever, or damage to or destruction of property,
including employees and property of the |
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(3) |
Users shall not use or operate equipment so as to exceed the maximum rated capacity. |
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(4) |
Except as may be provided by any agreement, normal repair and maintenance
of equipment shall be performed by the |
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(5) |
A user shall be responsible for any and all damage to or destruction of equipment, and for all repairs required to be made other than for normal repair and maintenance. "Normal repair and maintenance" is defined to mean all repair and maintenance deemed to be necessary by the Port Director, except such repair as may be required in the event of damage to or destruction of the equipment, in whole or in part, incidental to, arising out of, or caused by, directly or indirectly, user's possession, use or operation of said equipment, whether by user, its officers, agents, or employees, or by any person or persons acting with the knowledge and express or implied consent of user. The Port Director reserves the right to stop the operation of any equipment at any time if it does not appear to be in proper operating condition and to make necessary repairs. |
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(6) |
Neither the Port, nor any of its officers or employees, shall be responsible for delays attributable to any cause, event or occurrence of whatever nature to vessels, land transportation equipment, or cargo, or for any expenses, costs, or damages incurred by user or any other person which arises out of the use or anticipated use of equipment. |
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(7) |
User subject to Insurance Provisions of Item 35 of this tariff. |
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DISCHARGE OF OILY WASTE |
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Issued: |
Effective: |
Item: 78 |
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In compliance with MARPOL 73-78, and upon request, the The vessel so discharging shall be deemed the generator of said waste, and shall assume full liability for its ultimate disposal. Application for rental of the Port's receptacles shall be made directly to the Port Director or his designated representative. Vessels shall arrange directly for discharge and shall have a complete chemical analysis conducted and obtain a generator number issued by the Environmental Protection Agency prior to discharge and shall arrange for proper disposal of the oily waste after discharge and for the cleaning of the receptacles after use and prior to returning them to the Port's control. By making the receptacles available for rental by vessels, the Port does not accept any responsibility for the use thereof nor for the proper storage and handling of the waste and the Port shall not be liable for any act, omission or negligence by the vessel/generator of the waste or the waste handler. The charge for rental of the receptacles will be quoted on request. |
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NOTIFICATION - HAZARDOUS SUBSTANCES |
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Issued: |
Effective: |
Item: 79 |
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Effective Lessee should notify the Port immediately of the presence of any hazardous substance on or beneath leased property. Lessee must also give notice of the presence of any hazardous substance not clearly known to the Port and any release of a known hazardous substance into the environment. All notices submitted pursuant to these provisions shall be in writing to the attention of the Port Director. |
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SHIP EMERGENCY RESPONSE |
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Issued: |
Effective: 6/1/91 |
Item: 80 |
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In the event of a ship emergency, including but not limited to fire, oil spillage, loss of power, grounding, or any other cause requiring assistance from the Port, all attendant costs thereto shall be billed to and collected from the vessel or vessel agent, as appropriate. |
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NO EASEMENTS FOR LIGHT, AIR OR VIEW |
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Issued: 5/1/91 |
Effective: 6/1/91 |
Item: 81 |
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No easements for light, air or view may be granted to any user in any usage agreement. Accordingly, any diminution or shutting off of light, air or view by any structure which may be erected on lands in the vicinity of the premises described in any usage agreement shall in no way affect any such usage agreement or impose any liability upon the Port. |
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NONDELIVERY OF POSSESSION |
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Issued: 5/1/91 |
Effective: 6/1/91 |
Item: 82 |
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If for any reason the Port cannot deliver possession of the premises described in any usage agreement to a user on the date promised, the Port shall not be subject to any liability therefor, nor shall such failure affect the validity of the usage agreement or the obligations of said user thereunder, but in such case, the usage fee shall be abated from the date promised until the Port delivers possession of the premises to said user; provided, however, that if the Port shall not have delivered possession of the premises within ninety (90) days from the promised date, said user may, at said user's option, by written notice to the Port, revoke the usage agreement. |
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LATE CHARGE |
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Issued: 5/1/91 |
Effective: 6/1/91 |
Item: 83 |
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If any user fees due from users are not received by the Port when due, users shall pay to the Port, in addition to any interest otherwise payable pursuant to this Tariff or the applicable usage agreement, an additional sum of five percent (5%) of the overdue user fees as a late charge. |
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WAIVERS OF LIABILITY |
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Issued: 5/1/91 |
Effective: 6/1/91 |
Item: 84 |
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The Port shall not be liable to users for any damage to users or their successors, assigns, agents, servants, employees, contractors, sub-licensees, licensees or invitees or the property of any of the foregoing from any cause, except where such damage is caused by the Port's, or its agents' or employees', gross negligence or willful misconduct. Users waive all claims against the Port for damage to persons or property arising for any reason, except such claims arising by reason of the Port's, or its agents' or employees', gross negligence or willful misconduct. |
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APPROVAL OF GENERAL CONTRACTOR |
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Issued: 5/1/91 |
Effective: 6/1/91 |
Item: 85 |
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Users shall not construct or alter any works, structures or improvements upon Port premises without first furnishing the Port with a true copy of users' proposed contract with the general contractor and with evidence of the general contractor's financial condition for the Port's approval. The final contracts shall give the Port the right but not the obligation to assume users' obligations and rights under such contracts if the users should default. |
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PERFORMANCE BONDS |
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Issued: 5/1/91 |
Effective: 6/1/91 |
Item: 86 |
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No major construction shall be commenced upon Port premises by users until users have secured and submitted to Port, at said users' sole cost and expense, a performance bond and labor and material bonds in the amount of the total estimated construction cost of the improvements to be undertaken by said users. The Port must be expressly named as an additional obligee or beneficiary under said bonds with all rights and privileges of said user thereunder. All bonds must be issued by a company qualified to do business in the State of California and must be in a form acceptable to the Port. |
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ESTOPPEL CERTIFICATES |
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Issued: 5/1/91 |
Effective: 6/1/91 |
Item: 87 |
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Users shall at any time upon not less than ten (10) days' prior notice from the Port execute, acknowledge, and deliver to the Port certificates (i) certifying that their applicable usage agreement is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that the agreement, as so modified, is in full force and effect) and the date to which the user fees, deposits and other charges are paid in advance, if any (ii) acknowledging that there are not, to users' knowledge, any uncured defaults on the part of the Port hereunder, or specifying such defaults, if any, which are claimed and (iii) certifying any other information concerning the agreement or the premises reasonably requested by the Port. Any failure to deliver such certificate within the required time shall be conclusive upon users (i) that the agreement is in full force and effect, without modification except as may be represented by the Port, (ii) that there are no uncured defaults in the Port's performance, (iii) that not more than one (1) month's user fees have been paid in advance and (iv) that all other information concerning the agreement and the premises reasonably included by the Port in such certificate is true and correct. |
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INDEMNIFICATION FOR HAZARDOUS MATERIALS |
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Issued: 5/1/91 |
Effective: 6/1/91 |
Item: 88 |
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Users shall not cause or permit any Hazardous Materials (as herein defined) to be brought upon, kept or used in or about Port premises in a manner or for a purpose prohibited by any applicable law, regulation, rule or ordinance. Users shall comply with all affirmative legal requirements concerning Hazardous Materials. If users breach such obligations, or if the presence of Hazardous Materials on Port premises caused or permitted by users results in a release of a Hazardous Material, a discharge of a pollutant or contaminant or any other contamination of Port premises resulting in a potential violation of or incurrence of liability under any applicable law, regulation, rule or ordinance, or if contamination of Port premises by a Hazardous Material otherwise occurs for which a user is liable to the Port or any third party, including without limitation, any governmental agency, under any principal of law or equity, whether contractual, statutory or otherwise, for damage resulting therefrom, then users shall indemnify, protect, save, defend and hold the Port and the Board of Port Commissioners, their agents, contractors, officers, representatives and employees harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, injunctive actions or orders, or losses (including without limitation attorneys' fees) which arise during or after the term of the agreement as a result of such contamination. The indemnification of the Port by users shall include, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Materials present in the soil or ground water on or under the premises or emanating from the premises. If the presence of any Hazardous Materials on the premises caused or permitted by said user results in any contamination of Port premises, said user shall promptly take all actions, at said user's sole expense, as are necessary to return the applicable premises to the substantially the same condition as they existed prior to the introduction of any such Hazardous Materials. |
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USE OF HAZARDOUS MATERIALS |
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Issued: 5/1/91 |
Effective: 6/1/91 |
Item: 89 |
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Users shall deliver to the Port prior to occupying Port premises a list identifying each type of Hazardous Materials to be present on Port premises and setting forth any and all governmental approvals or permits required in connection with presence of Hazardous Materials on Port premises ("Hazardous Materials List"). Users shall deliver to the Port an updated Hazardous Materials List at least once a year and shall also deliver an updated list before any new Hazardous Materials are brought onto Port premises or on or before the date users obtain any additional permits or approvals. |
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ENVIRONMENTAL AUDIT |
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Issued: 5/1/91 |
Effective: 6/1/91 |
Item: 90 |
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From time to time during the term of any usage agreement, at the Port's written request, which requests shall be delivered no more often than once each calendar year, users shall prepare, at said users' sole cost and expense, an environmental audit of the applicable Port premises (the "Audit") prepared by a qualified, licensed and independent environmental consultant or engineer, reasonably acceptable to the Port, which Audit shall be delivered to the Port within a reasonable time after said users' receipt of Port's request to prepare such Audit. The Port may notify said users of deficiencies in the Audit or of actions to be taken by said users to respond to matters addressed in the Audit. Users shall respond in writing to any such notification within a reasonable time after receipt. If, in the Port's sole discretion, the Audit remains deficient, the Port may prepare or cause to be prepared a new or revised Audit at said users' sole expense. Users shall permit the Port or its agents all reasonable access to Port premises and to users' operations and records to allow an Audit to be conducted. The term "environmental audit" or "Audit" as used herein shall mean a survey and report addressing user's compliance with all applicable environmental laws, rules, regulations or orders. The Audit will be conducted in accordance with all then accepted environmental auditing practices. At a minimum, the Audit shall contain the following: (1) a review of users' records to determine if any unpermitted or unauthorized releases of Hazardous Materials have occurred; (2) a report of all such releases, the circumstances surrounding them, and the steps taken to correct or respond to them; (3) a review of users' industrial processes and activities to ensure that all necessary permits and other authorizations have been obtained and are current; (4) a list and copies of all such permits; and (5) all other information relevant to users' compliance with all applicable environmental laws, rules, regulations or orders including, as relevant: total water consumption; an inventory of Hazardous Materials used in users' operation, including the total amounts brought onto Port premises, and an accounting of their disposition; a copy of users' environmental policies manual, if any, training procedures, and any emergency response plans; any risk assessments, risk management prevention plans or similar documents as required by any applicable law, rule, regulation or order; all emissions inventories prepared pursuant to law or otherwise; and any reports or documents submitted to regulatory agencies not previously submitted to the Port. If necessary, such Audit shall include samplings of the air, soil or groundwater at or about Port premises and the conduct of any emissions or effluent testing. Additionally, users will furnish the Port with a true copy of any audit or report prepared by the Department of Health Services or the Environmental Protection Agency or any other governmental and permitting agencies within thirty (30) days of receipt by said user. |
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DEFINITION OF HAZARDOUS MATERIALS |
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Issued: 5/1/91 |
Effective: 6/1/91 |
Item: 91 |
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The term "Hazardous Materials" shall mean any toxic or hazardous substance, material or waste or any pollutant or contaminant or infectious or radioactive material, including but not limited to those substances, materials or wastes regulated now or in the future under any of the following statutes or regulations promulgated thereto: (1) any "hazardous substance" within the meaning of the CERCLA, 42 U.S.C. § 9601 et seq.; (2) any "hazardous waste" within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; (3) any "hazardous waste" or "extremely hazardous waste" within the meaning of the California Hazardous Waste Control Law, Cal. Health & Safety Code § 25100 et seq.; (4) any "hazardous chemical substance or mixture" or "imminently hazardous chemical substance or mixture" within the meaning of the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; (5) any "hazardous air pollutant" within the meaning of the Federal Clean Air Act, 42 U.S.C. § 7400 et seq.; (6) any "toxic pollutant" or "oil or hazardous substance" within the meaning of the Federal Water Pollution Control Act, 33 U.S.C. 1250 et seq.; (7) any "contaminant" within the meaning of the Safe Drinking Water Act, 42 U.S.C. § 300i; (8) any "chemical known to the state to cause cancer or reproductive toxicity" within the meaning of the Safe Drinking Water and Toxic Enforcement Act of 1986 ("Proposition 65"), Cal. Health & Safety Code § 25249.5 et seq.; (9) petroleum or any fraction thereof; or (10) asbestos. |
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REMEDIATION OF CONTAMINATION |
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Issued: 5/1/91 |
Effective: 6/1/91 |
Item: 92 |
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In the event users are situate in the area of Port premises with operations related to petroleum distribution, storage or processing ("Petroleum Terminal Area"), users will participate and cooperate with other users in the same vicinity to investigate and remediate alleged soil and ground water contamination by petroleum hydrocarbons and related substances. All users in the Petroleum Terminal Area shall use their best efforts to negotiate an agreement with all other users in the Petroleum Terminal Area to comply jointly with all requirements of the Regional Water Quality Control Board, Central Valley Region, and other government agencies in respect to any such investigation or remediation. Should any user fail to reach such an agreement with other users, the Port in its sole and arbitrary discretion, shall have the right, in addition to all other rights under said users' usage agreement, to levy a charge not to exceed $0.05 per barrel of through-put applicable to said user for the purpose of funding any response or remedial costs the Port shall deem reasonable or necessary in respect to any release of petroleum hydrocarbons or related substances in the Petroleum Terminal Area. |
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Port Director Richard Aschieris |
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Accounts Manager |
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Deputy Port Director Mark Tollini |
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