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HomeMy WebLinkAboutAgenda Packet 12-2-14AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY ,- CALIFORNIA NATIONAL C!Ty lNCORpORATR RON MORRISON Mayor L UIS NATI VIDAD Vice Mayor JERRY CANO Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City 619-336-4300 Meeting agendas and minutes available on web WWW.NATIONALCITYCA. GOV COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, DECEMBER 2, 2014 - 6:00 PM ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Sessions begin at 5:00 p.m. or such other time as noted. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of the Community Development Commission (CDC). REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the meeting, are available for review at the entry to the Council Chambers. Regular Meetings of the Elected Body are webcast and archived on the City's website www.nationalcityca.gov. PUBLIC COMMENTS: Prior to the Business portion of the agenda, the Elected Body will receive public comments regarding any matters within the jurisdiction of the City and/or the Community Development Commission. Members of the public may also address any item on the agenda at the time the item is considered by the Elected Body. Persons who wish to address the Elected Body are requested to fill out a "Request to Speak" form available at the entrance to the City Council Chambers, and turn in the completed form to the City Clerk. The Mayor or Chairperson will separately call for testimony of those persons who have turned in a "Request to Speak" form. If you wish to speak, please step to the podium at the appropriate time and state your name and address (optional) for the record. The time limit established for public testimony is three minutes per speaker unless a different time limit is announced. Speakers are encouraged to be brief. The Mayor or Chairperson may limit the length of comments due to the number of persons wishing to speak or if comments become repetitious or irrelevant. WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior CC/CDC-HA Agenda 12/2/2014 — Page 2 to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available in the lobby at the beginning of the meeting. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. CC/CDC-HA Agenda 12/2/2014 - Page 3 OPEN TO THE PUBLIC ***CITY COUNCIL*** CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG CONSENT CALENDAR 1. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 2. Warrant Register #17 for the period of 10/15/14 through 10/21/14 in the amount of $908,166.95 (Finance) 3. Warrant Register #18 for the period of 10/22/14 through 10/28/14 in the amount of $1,512,668.95 (Finance) BUSINESS RELATING TO GENERAL MUNICIPAL ELECTION NOVEMBER 4, 2014 4. Resolution of the City Council of the City of National City reciting the fact of the General Municipal Election held on November 4, 2014, declaring the result and such other matters as provided by law. (City Clerk) 5. RECOGNITION OF OUTGOING ELECTED OFFICIAL - Luis Natividad - City Council 6. SWEARING IN OF NEWLY ELECTED OFFICIALS - Mayor Ron Morrison, Mona Rios - City Council, Albert Mendivil - City Council RECESS (15 - Min.) ROLL CALL 7. Incoming Elected Officials' Comments PUBLIC ORAL COMMUNICATIONS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS CC/CDC-HA Agenda 12/2/2014 — Page 4 PRESENTATIONS 8. National City Tourism Marketing District (TMD) 2014 Marketing Campaign. (Jacqueline Reynoso, President - National City Chamber of Commerce) INTERVIEWS/APPOINTMENTS 9. Selection of Vice -Mayor (City Attorney) CONSENT CALENDAR 10. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 11. Resolution of the City Council of the City of National City waiving the bidding process based on special circumstances, and authorizing the Mayor to execute an Agreement with Day Wireless Systems, in an amount not to exceed $46,261, to provide maintenance, service and installation of the City's radio communications equipment, maintain infrastructure for mobile and portable radios, on call services and other projects as needed from July 1, 2014 through June 30, 2015. (Police) 12. Resolution of the City Council of the City of National City waiving the bid process pursuant to section 2.60.260 of the National City Municipal Code and authorizing the Mayor to execute the first amendment to the annual software maintenance agreement with Northrop Grumman Systems Corporation in the total not -to -exceed amount of $153,285.00 to support the Law Enforcement Records Management System. (MIS) 13. Resolution of the City Council of the City of National City to approve an update to City Council Policy Manual, Policy #401 "Environmental Guidelines." (City Manager/City Attorney) 14. Investment Report for the quarter ended September 30, 2014. (Finance) PUBLIC HEARINGS ORDINANCES FOR INTRODUCTION 15. An Ordinance of the City Council of the City of National City Establishing the Compensation of the Mayor and the City Council. (City Attorney) ORDINANCES FOR ADOPTION CC/CDC-HA Agenda 12/2/2014 — Page 5 16. An Ordinance of the City Council of the City of National City repealing Chapter 10.63 of the National City Municipal Code regulating sex offenders' proximity to children's facilities. (City Attorney) NON CONSENT RESOLUTIONS NEW BUSINESS 17. Temporary Use Permit — Circus Vargas sponsored by Tabares Entertainment, Inc. from February 26 thru March 9, 2015 at the Westfield Plaza Bonita Mall with no waiver of fees. (Neighborhood Services) 18. Status report on the YMCA Maintenance and Operating Agreement for Las Palmas Pool and Camacho Gym Recreation Center and direction on future options. (Community Services) 19. Update on Construction of the Waterfront Adventure Center (formerly known as the Aquatic Center) and seeking direction for negotiating a Maintenance and Operating Agreement for Sub -lease with the YMCA (Community Services) ***COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY*** PUBLIC HEARINGS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY STAFF REPORTS 20. 2014 Holiday Closure and Employee Work Furlough. (Human Resources) MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular Meeting - City Council/Community Development/Housing Authority of the City of National City Meeting - Tuesday - December 16, 2014 - 6:00 p.m. - Council Chambers - National City, California City Council/Community Development/Housing Authority of the City of National City Meeting Schedule for the Period December 16, 2014 through January 20, 2015: CC/CDC-HA Agenda 12/2/2014 — Page 6 December 16 - Regular Meeting January 06 - (Dispense with meeting) January 20 - Regular Meeting CC/CDC-HA Agenda 12/2/2014 — Page 7 The following page(s) contain the backup material for Agenda Item: Warrant Register #17 for the period of 10/15/14 through 10/21/14 in the amount of $908,166.95 (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 2, 2014 AGENDA ITEM NO. ITEM TITLE: Warrant Register #17 for the period of 10/15/14 through 10/21/14 in the amount of $908,166.95 (Finance) PREPARED BY: !K. Apalateguil, DEPARTMENT: Finance PHONE: ;619.336-4572 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 10/15/14 through 10/21/14. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation City of San Diego 314650 57,463.00 Fire Dispatch Services July — September 2014 SDG&E 314698 84,622.36 Facilities Gas & Electric Utilities Paradise Creek 314724 539,984.33 Predevelopment Loan FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $908,166.95 APPROVED: , Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratification of warrants in the amount of $908,166.95 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #17 1/2 PAYEE ACE UNIFORMS & ACCESSORIES INC ACTION TROPHIES & ENGRAVING AIRGAS WEST ALDEMCO AMERICAN BACKFLOW SPECIALTIES ARGUS HAZCO ASPEN RISK MANAGEMENT GROUP BEAUCHAMP FAMILY COMMERCIAL CALIFORNIA ELECTRIC SUPPLY CALLYO 2009 CORP CAMEON, C CDWG CEB CEB CITY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO CRISTANDO HOUSE CYNTHIA TITGEN CONSULTING INC DANIELS TIRE SERVICE DURON, C ED BRAINARD ESGIL CORPORATION FERNANDO, V FIRE ETC GOVCONNECTION INC GRAINGER GTC SYSTEMS INC HANDY METAL MART HUNTER'S NURSERY INC HYDRO SCAPE PRODUCTS INC JERAULDS CAR CARE CENTER JJJ ENTERPRISES JOHN DEERE LANDSCAPES KONE KONICA MINOLTA DORIA, M MARTINEZ, A MCGOUGH, J METRO AUTO PARTS DISTRIBUTOR MORRISON, R MOSSY NISSAN MOSSY NISSAN MES CALIFORNIA MUNICIPAL MAINTENANCE EQUIP MUNOZ, L MUTHUSAMY, K NATIONAL CITY CHAMBER NATIONAL CITY POLICE EXPLORER NATIVIDAD, L -+ CA.LIFORNIA 4-41 NATIO ' IIC Iry `� jNCOYiPOR�T>�� WARRANT REGISTER #17 10/21/2014 DESCRIPTION CLIP -ON BADGE HOLDER BLACK SHIELD ID PLATE. 1X3 WHITE TAGS WITH TEXT MOP#45714 MATERIALS AND SUPPLIES CONSUMABLES / NUTRITION PURCHASE OF BACKFLOWS, GAUGES, PARTS RKI-2009 OXYGEN SENSOR PROFESSIONAL SERVICES LEASE PAYMENT #4 MOP#45698 ELECTRICAL MATERIALS BASIC SYSTEM REIMB - FINANCIAL MGMNT TRAINING SALES TAX CONDEMNATION PRACTICE CA ADMINISTRATIVE HEARING PRACTICE FIRE DISPATCH SERVICES / JUL-SEPT 2014 ELECTION - ADVANCE DEPOSIT REGIONAL COMM SYSTEM / SETP 2014 TUITION: SUPERVISORY UPDATE PROFESSIONAL SERVICES MOP#76986 TIRES EDUCATIONAL REIMBURSEMENT REGISTRATION - HORTICULTURAL SEMINAR BUILDING INSPECTIONS SUBSISTENCE: ICI HOMICIDE SCBA CYLINDER HYDRO TEST SSD DRIVES SAMSUNG 1TB PRO SATA 6GB MOP#65179 BUILDING MATERIALS GTC NETWORK ENGINEERING SERVICES 21- PRIME ALUM 3/16 PLATE MOP#45719 HORTICULTURAL ITEMS MOP#45720 WATER PIPE VALVES MOP#72449 AUTOMOTIVE EQUIPMENT CITY WIDE FIRE AND SERCURITY ALARM MOP#69277 HORTICULTURAL ITEMS CITY-WIDE ELEVATOR MAINTENANCE/REPAIRS COPIER EQUIP LEASE / 9/01/14 - 9/30/2014 REFUND - PERMIT #72872 & INSPECTION FEES LIABILITY CLAIM COSTS REIMB - FIELD OFFICER TRAINING MOP#75943 AUTOMOTIVE PARTS LAPTOP/ACCESSORIES - STUDENT COUNCIL PARTS / PW LABOR TO REPAIR CITY VEHICLE / PW FLASH POINT FORESTRY HOSE 1.5 X 100 1.5 BROOM DISC WELDMENT REIMB / NEOGOV CONFERENCE / MUNOZ REIMB - ENGINEER LICENSE RENEWAL MARKETING DISTRICT FEE - AUG 2014 DONATION - EXPLORER POST #2859 REIMB / LEAGUE OF CA CITIES CONF / NATIVIDAD CHK NO DATE 314636 10/21/14 314637 10/21/14 314638 10/21/14 314639 10/21/14 314640 10/21/14 314641 10/21/14 314642 10/21/14 314643 10/21/14 314644 10/21/14 314645 10/21/14 314646 10/21/14 314647 10/21/14 314648 10/21/14 314649 10/21/14 314650 10/21/14 314651 10/21/14 314652 10/21/14 314653 10/21/14 314654 10/21/14 314655 10/21/14 314656 10/21/14 314657 10/21/14 314658 10/21/14 314659 10/21/14 314660 10/21/14 314661 10/21/14 314662 10/21/14 314663 10/21/14 314664 10/21/14 314665 10/21/14 314666 10/21/14 314667 10/21/14 314668 10/21/14 314669 10/21/14 314670 10/21/14 314671 10/21/14 314672 10/21/14 314673 10/21/14 314674 10/21/14 314675 10/21/14 314676 10/21/14 314677 10/21/14 314678 10/21/14 314679 10/21/14 314680 10/21/14 314681 10/21/14 314682 10/21/14 314684 10/21/14 314685 10/21/14 314686 10/21/14 AMOUNT 240.77 233.28 545.61 3,041.78 937.95 252.25 2,502.50 3,300.00 509.16 899.40 75.47 154.10 189.31 151.51 57,463.00 25,076.00 7,632.00 279.00 2,280.00 327.75 196.00 380.00 1,867.50 1,536.00 60.00 5,911.28 20.78 3,900.00 86.88 912.60 707.28 131.39 1,410.00 347.31 3,195.00 2,002.79 167.00 872.24 226.51 364.06 775.55 371.58 106.05 2,725.00 1,440.00 661.47 116.00 37,636.57 5,000.00 876.00 2/2 PAYEE NEXUS INTEGRATED SOLUTIONS NINYO & MOORE PHONE SUPPLEMENTS PMW ASSOCIATES PRO BUILD PRUDENTIAL OVERALL SUPPLY RAMONA PAVING RON BAKER CHEVROLET SAN DIEGO DAILY TRANSCRIPT SAN DIEGO LEATHER INC SAN DIEGO MIRAMAR COLLEGE SDG&E SOUTH COAST EMERGENCY STARTECH COMPUTERS SUMMIT SUPPLY SUPERIOR READY MIX SWEETWATER AUTHORITY SWEETWATER UNION HS DISTRICT SWRCB TERRONES, R THE CENTRE FOR ORGANIZATION THE CENTRE FOR ORGANIZATION THE LIGHTHOUSE INC THE STAR NEWS T-MAN TRAFFIC SUPPLY TOM MOYNAHAN TOPECO PRODUCTS VALLEY INDUSTRIAL SPECIALTIES WALLERSTEIN, R WAXIE SANITARY SUPPLY WILLY'S ELECTRONIC SUPPLY YBARRA, A YBARRA, A YOUNG, A CHRISTENSEN & SPATH LLP DEPT OF INDUSTRIAL RELATIONS OPPER & VARCO LLP PARADISE CREEK SAN DIEGO STATE UNIVERSITY SECTION 8 HAPS PAYMENTS -0-* CALIFORNIA iikTIOM !emir aao ZATCORPORATIAD WARRANT REGISTER #17 10/21/2014 DESCRIPTION SVC0076267 / SVC0077269 / PHONE SVCS AQUATIC CENTER ITEM NO. 80322-01 CA12 CD BATTERY TUITION: MEDIA RELATIONS LAW ENFORCEMENT MOP#45707 WEARING APPAREL MOP#45742 LAUNDRY AND CLEANING SERVICES 8TH ST SAFETY ENHANCEMTS LABOR - VEHICLE INSPECTION ADVERTISING - SPEC #14-05 A AVE SILVER TARP 40X60 TUITION: PERISHABLE SKILLS FACILITIES DIVISION GAS & ELECTRIC 2- PLATE TRANS MTG MOP 61744 HP LASER JET PRINTER -MIS 2- PET STATION DISPENSER TACK OIL, 318 SHEET & COLD MIX ASPHALTS WASTEWATER DIVISION WATER BILL FOR FY SPECIAL TAXES FOR CENTRO UNIT A AVENUE GREEN STREET REFUND - JUMPER PERMIT LIBRARY COACHING COACHING - FOLLOW-UP LIBRARY MOP#45726 AUTOMOTIVE PARTS ADVERTISING - SURPLUS PROPERTY AUCTION MOP#76666 TRAFFIC CONTROL SUPPLY MOP#45734 AUTOMOTIVE EQUIPMENT MOP#63849 SHOP SUPPLIES MOP#46453 PLUMBING MATERIALS REIMB - BASIC DISPATCH ACADEMY MISCELLANEOUS JANITORIAL SUPPLIES MOP 45763 PATCH CORD/CABLES - MIS SUBSISTENCE: SUPERVISORY UPDATE SUBSISTENCE: MEDIA RELATIONS LAW SUBSISTENCE - POST MANAGER COURSE LEGAL / WESTIDE TOD CONVEYANCE 923 A AVE LEGAL / ED/PARK VILLAGE PREDEVELOPMENT LOAN PREPARE OF INVENTORY OF SA PARCELS Start Date 10/15/2014 End Date 10/21/2014 GRAND TOTAL CHK NO 314687 314688 314689 314690 314691 314692 314693 314694 314695 314696 314697 314698 314699 314700 314701 314702 314703 314704 314705 314706 314707 314708 314709 314710 314711 314712 314713 314714 314715 314716 314717 314718 314719 314720 314721 314722 314723 314724 314725 DATE 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 10/21/14 AM Total AMOUNT 3,429.53 3,116.25 386.88 420.00 1,420.94 546.45 42,463.97 923.23 924.00 1,000.46 46.00 84,622.36 155.57 848.93 377.00 258.55 22.56 731.30 613.00 25.00 1,410.00 705.00 85.02 41.00 1,112.34 80.00 30.56 1,655.46 340.56 225.03 711.52 468.00 384.00 512.00 7,517.50 125.00 390.00 539,984.33 25,000.00 903,202.98 4,963.97 $ 908,166.95 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN LUIS NATIV1DAD, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 2n° OF DECEMBER 2014. AYES NAYS ABSENT CC/CDC-HA Agenda 12/2/2014 — Page 12 The following page(s) contain the backup material for Agenda Item: Warrant Register #18 for the period of 10/22/14 through 10/28/14 in the amount of $1,512,668.95 (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 2, 2014 AGENDA ITEM NO. ITEM TITLE: Warrant Register #18 for the period of 10/22/14 through 10/28/14 in the amount of $1,512,668.95 (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Finan� ,- PHONE: 619-336-4572 APPROVED BY: `1flfzi�'c1, EXPLANATION: 'Per Government Section Code 37208, attached are the warrants issued for the period of 10/22/14 through 10/28/14. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor CheckNWire Amount Explanation E2 Manage Tech Inc 314743 67,628.22 2020 Hoover Ave EsGiI Corporation 314746 166,472.81 Plan check & Inspection Svcs July — October 2014 Public Emp Ret System 10232014 311,600.25 Service Period 9/30/14 — 10/13/14 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $1,512,668.95 APPROVED: -'/.�� Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,512,668.95 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #18 1/2 PAYEE ACE UNIFORMS & ACCESSORIES INC ALDEMCO ALL FRESH PRODUCTS ALL THE KINGS FLAGS BJ'S RENTALS BOARD OF EQUALIZATION BOOT WORLD BPI PLUMBING BURKE WILLIAMS & SORENSEN LLP CALIFORNIA ELECTRIC SUPPLY CHRISTENSEN & SPATH LLP CULLIGAN DEFENSIVE SYSTEMS INC DELTA DENTAL DELTA DENTAL INSURANCE CO DEPT OF CONSERVATION DREW FORD HYUNDAI E2 MANAGE TECH INC EMERGENCY EQPT ENGINEERING EQUIFAX INFORMATION SVCS ESGIL CORPORATION FASTSIGNS GONZALES, G GOODYEAR TIRE & RUBBER COMPANY GOVCONNECTION INC GRAINGER HARRIS & ASSOCIATES INC HOME DEPOT CREDIT SERVICES HONEYWELL INTERNATIONAL INC HYDRO SCAPE PRODUCTS INC INTERNATIONAL INSTITUTE ITHAKA-JSTOR KAISER FOUNDATION HEALTH PLANS L C ACTION LAWLINE.COM LOPEZ, T MASONS SAW MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECK'S MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS METRO AUTO PARTS DISTRIBUTOR MOSSY NISSAN MUTHUSAMY, K NAPA AUTO PARTS --. CALIFFORNI4 .-(- r. O pip C aci WARRANT REGISTER #18 10/28/2014 DESCRIPTION UNIFORMS - PANTS/SHIRTS CONSUMABLES / NUTRITION FOOD / NUTRITION CENTER EMB COTTON H&G LIFT SCISSOR 26' X 32' SALES TAX LIABILITY / JUL - SEPT 2014 MOP#64096 WORK APPAREL CITY-WIDE PLUMBING SERVICE, REPAIR NEGOTIATIONS MOP#45698 ELECTRICAL MATERIALS PROFESSIONAL SERVICES WATER SOFTNER / NUTRITION TUITION: DEFENSIVE TACTICS INSTRUCTOR COBRA DENTAL INS - SEPT 2014 COBRA DENTAL IN - SEPT 2014 SMIP FEES: JULY - SEPT 2014 MOP#49078 AUTOMOTIVE PARTS 2020 HOOVER AVE LEATHER GEAR / POLICE DEPARTMENT BACKGROUND & CREDIT CHECKS / S8 PLAN CHECK AND INSPECTION SERVICES 1250 BLACK ON WHITE SIGN REIMB - SFST COURSE STANDARDIZED FIELD MOP#72654 TIRES 51868960 CATALYST PORT, MODULE MOP 65179. SUPPLIES FOPR PARKS DEPT SERVICES RENDERED THROUGH 2/28/14 2- 24' PRO FAN 5230626653 LABOR - MALFUNCTIONING, PRESS MOP#45720 WATER PIPE VALVES MEMBERSHIP FEES CALIFORNIA HISTORY, PRINT RETIREES INS - COBRA SEPT 2014 INV 316665 / 320261 SUPPLIES FOR POLICE WEBINAR: THE BIG 3 TRANSLATION SERVICES 10/21/14 MOP#45729 MATERIALS AND SUPPLIES LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS PROFESSIONAL SERVICES LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS MOP#75943 AUTOMOTIVE PARTS MAINTENANCE ON V#146 TRAVEL REIMBURSEMENT MOP 45735 MISC SUPPLIES - FIRE CHK NO DATE AMOUNT 314726 10/28/14 186.80 314727 10/28/14 2,140.71 314728 10/28/14 682.04 314729 10/28/14 327.24 314730 10/28/14 482.33 314731 10/28/14 2,154.00 314732 10/28/14 116.62 314733 10/28/14 101.20 314734 10/28/14 342.00 314735 10/28/14 577.05 314736 10/28/14 87.50 314737 10/28/14 8.00 314738 10/28/14 1,000.00 314739 10/28/14 132.07 314740 10/28/14 33.00 314741 10/28/14 411.11 314742 10/28/14 195.51 314743 10/28/14 67,628.22 314744 10/28/14 513.49 314745 10/28/14 161.90 314746 10/28/14 166,472.81 314747 10/28/14 387.27 314748 10/28/14 275.94 314749 10/28/14 404.33 314750 10/28/14 18, 800.31 314751 10/28/14 235.59 314752 10/28/14 3,225.13 314753 10/28/14 708.91 314754 10/28/14 1,823.35 314755 10/28/14 30.44 314756 10/28/14 195.00 314757 10/28/14 142.00 314758 10/28/14 936.52 314759 10/28/14 13,148.97 314760 10/28/14 149.00 314761 10/28/14 210.00 314762 10/28/14 164.09 314763 10/28/14 2,682.40 314764 10/28/14 2,350.20 314765 10/28/14 2,297.27 314766 10/28/14 557.00 314767 10/28/14 373.14 314768 10/28/14 359.50 314769 10/28/14 185.00 314770 10/28/14 157.50 314771 10/28/14 35.00 314772 10/28/14 68.29 314773 10/28/14 1,297,75 314774 10/28/14 180.46 314775 10/28/14 128.50 -ft- CALIFOR.NIA. #-4- • 2/2 PAYEE NATIONAL CITY CAR WASH NOWDOCS INTERNATIONAL INC O'REILLY AUTO PARTS PADRE JANITORIAL SUPPLIES PRO -EDGE KNIFE RIVERSIDE COUNTY SHERIFF DEPT ROBERSON, R ROMERO'S ROOFING SERVICE INC SAN DIEGO GAS & ELECTRIC SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SAN PHAM SDG&E SEAPORT MEAT COMPANY SOUTH BAY WINDOW & GLASS CO STACK TRAFFIC CONSULTING INC STAPLES ADVANTAGE SULLIVAN, C SYSCO SAN DIEGO INC THOMSON WEST TURF STAR U S BANK UNION TRIBUNE PUB CO UNITED STATES TREASURY VALLEY POWER SYSTEMS INC VISION SERVICE PLAN (CA) Z A P MANUFACTURING INC OPPER & VARCO LLP SDG&E SWEETWATER AUTHORITY WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM PAYROLL Pay period Start Date 22 10/14/2015 SPECIAL PAYROLL WARRANT REGISTER #18 10/28/2014 DESCRIPTION MOP#72454 AUTOMOTIVE EQUIPMENT W2 PAPER & W2 ENVELOPES MOP#75877 AUTOMOTIVE PARTS JANITORIAL SUPPLIES / NUTRITON KNIFE SHARPENING SERVICES / NUTRITION TUITION: INTERNAL AFFAIRS INVESTIGATION TRAVEL REIMBURSEMENT CITY-WIDE ROOF SERVICE, REPLACEMENT GAS & ELECTRIC / NUTRITION CENTER TUITION: 101 REGIONAL ACADEMY TUITION: ACADEMY INSTRUCTOR CERTIFICATION REFUND BALANCE DEPOSIT T&A # 1723 STREET DIVISION GAS & ELECTRIC CHARGES MEATS / NUTRITION CENTER CITY-WIDE WINDOW/DOORIMIRROR HIGHLAND AVE ST LIGHTING MOP 45704 OFFICE SUPPLIES - S8 SUBSISTENCE: INTERNAL AFFAIRS INVESTIGATION CONSUMABLES / NUTRITION CENTER ONLINE LEGAL RESEARCH SWITCH / PW CREDIT CARD EXP - PD PUBLIC NOTICING / PLANNING COMMISSION 3RD QTR 2014-941 / 95-6000749 LABOR - INSPECTED/REPAIR RADIATOR VISION SVC PLAN - OCT 2014 C WHITE E.G. BEADED P/S LEGAL / ED/PARK VILLAGE I S A GAS AND ELECTRIC UTILITIES I S A WATER UTILITES / S A SERVICE PERIOD 09/30/14 - 10/13/14 End Date 10/27/2014 Check Date 11/5/2014 Check Date 10/22/2014 GRAND TOTAL CHK NO DATE 314776 10/28/14 314777 10/28/14 314778 10/28/14 314779 10/28/14 314780 10/28/14 314781 10/28/14 314782 10/28/14 314783 10/28/14 314784 10/28/14 314785 10/28/14 314786 10/28/14 314787 10/28/14 314788 10/28/14 314789 10/28/14 314790 10/28/14 314791 10/28/14 314792 10/28/14 314793 10/28/14 314794 10/28/14 314795 10/28/14 314796 10/28/14 314797 10/28/14 314798 10/28/14 314799 10/28/14 314800 10/28/14 314801 10/28/14 314802 10/28/14 314803 10/28/14 314804 10/28/14 314805 10/28/14 A/P Total 10232014 10/23/14 AMOUNT 765.00 353.16 143.57 207.86 46.00 225.00 38.08 385.00 3,055.79 690.00 23.00 132.92 210.23 1,557.61 203.48 1,750.00 167.03 384.00 6,891.17 782.72 280,88 100.00 480.80 17.61 385.00 289.54 56.13 390.00 152.70 62.67 315,489.41 311,600.25 885,207.46 371.83 $ 1,512,668.95 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN LUIS NATIVIDAD, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 2nd OF DECEMBER, 2014. AYES NAYS ABSENT CC/CDC-HA Agenda 12/2/2014 — Page 17 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City reciting the fact of the General Municipal Election held on November 4, 2014, declaring the result and such other matters as provided by law. (City Clerk) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 2, 2014 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City reciting the fact of the General Municipal Election held on November 4, 2014, declaring the result and such other matters as provided by law. PREPARED BY: Michael R. Dalla PHONE: 619-336-4226 DEPARTMENT: City Clerk APPROVED BY: 4 EXPLANATION: Once the Registrar of Voters has canvassed the election and provided an "Official Canvass" of the returns to the City Clerk, the Council must meet and adopt a Resolution to "Declare Results" pursuant to California Election Code 15400, incorporating the "Official Canvass" into the Resolution as "Exhibit A." Note: Official Certification by the Registrar of Voters will not occur until after preparation of the Agenda. The Official Canvass will be distributed under separate cover as soon as it is available. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Resolution 2. Certified "Official Canvass" from the Registrar of Voters RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 4, 2014, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of National City, California, on Tuesday, November 4, 2014; and WHEREAS, notice of the election was given in time, form, and manner as provided by law; voting precincts were properly established; election officers were appointed and in all respects the election was held and conducted and the votes were cast, received and canvassed, and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, pursuant to Resolution No. 2014-94 adopted on June 17, 2014, the San Diego County Registrar of Voters canvassed the returns of the election and has certified the results to this City Council, the results are received, attached, and made a part hereof as Exhibit NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That the whole number of ballots cast in the City, except absent voter ballots, was That the whole number of absentee voter ballots cast in the City was making a total of ballots cast in the City. SECTION 2. That the names of persons voted for at the election for Mayor are as follows: RON MORRISON LOUIS NATIVIDAD That the names of persons voted for at the election for City Council are as follows: MONA RIOS ALBERT MENDIVIL KEN SEATON-MSEMAJI BARBARA AVALOS That the measure voted upon at the election is as follows: National City Extension of 1 % Transactions and Use Tax Measure, (commonly referred to as Proposition D). SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates and for and against the measure were as listed in Exhibit "A", attached. Resolution No. 2014 — Page Two SECTION 4. The City Council does declare and determine that: RON MORRISON was elected as Mayor for the full term of four years; MONA RIOS was elected as a Member of the City Council for the full term of four years; and ALBERT MENDIVIL was elected as a Member of the City Council for the full term of four years. As a result of the election, a majority of voters voting on the measure National City Extension of 1% Transactions and Use Tax Measure (commonly referred to as Proposition D) did vote in favor of it, that the measure was carried, and shall be deemed adopted and ratified. SECTION 5. That the City Clerk shall enter on the records of the City Council of the City, a statement of result of the election showing: a. The whole number of votes cast in the City; b. The names of the persons voted for; c. The measure voted upon; d. For what office each person was voted for; e. The number of votes given at each precinct to each person, and for and against the measure; and f. The total number of votes given in the city to each person, and for and against the measure. SECTION 6. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California, and shall have them subscribe to it and file it in the Office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. [Signature Page to Follow] Resolution No. 2014 — Page Three PASSED and ADOPTED this 2nd day of December, 2014 Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 12/2/2014 — Page 22 The following page(s) contain the backup material for Agenda Item: RECOGNITION OF OUTGOING ELECTED OFFICIAL - Luis Natividad - City Council ITEM # 12/2/14 RECOGNITION OF OUTGOING ELECTED OFFICIAL • Luis Natividad — City Council CC/CDC-HA Agenda 12/2/2014 — Page 24 The following page(s) contain the backup material for Agenda Item: SWEARING IN OF NEWLY ELECTED OFFICIALS - Mayor Ron Morrison, Mona Rios - City Council, Albert Mendivil - City Council ITEM # 12/2/14 SWEARING IN OF NEWLY ELECTED OFFICIALS • Mayor Ron Morrison • Mona Rios - City Council • Albert Mendivil - City Council CC/CDC-HA Agenda 12/2/2014 — Page 26 The following page(s) contain the backup material for Agenda Item: Incoming Elected Officials' Comments ITEM # 12/2/14 INCOMING ELECTED OFFICIALS' COMMENTS CC/CDC-HA Agenda 12/2/2014 — Page 28 The following page(s) contain the backup material for Agenda Item: National City Tourism Marketing District (TMD) 2014 Marketing Campaign. (Jacqueline Reynoso, President - National City Chamber of Commerce) • onJAL;G..�� ah 4Nego's orte�� National City Tourism Marketing District (TMD) 2014 Marketing Campaign BAVSHDRE IKEW4 ' HOV Public Relations Public Relations campaign has generated thousands of impressions in major bi-regional media outlets: \_c) -1210 I RADIO Televisa T'JUANA SAN DIEGO'S NEWS CHANNEL latisso vrs'Anrn Reader UT San Mego FRONTERA ,INI:o Pu blic Relations -aors ty Tours As part of the public relations campaign, the TMD has been focused on connecting with public and private organizations that can help to increase tourism to National City. In November, the TMD is going to welcome the Mayor of Rosarito and his team to sign a strategic alliance that can help to promote National City in that area of Baja, California, Mexico and beyond. The San Diego Tour Guide Association Aquatica and the Tijuana River Estuary NoTloNA! _ sty Social Media - Twitter & Facebook fU(fINIOI rnRN CBE[ 9 lfl MR2E NIA]iG NAL yty visit National City PIER 32 moRIRR GAO Him CITY i.r ►'--r' RE DEPOT YeA,11tOnb Cay� IOC.aW an common Nrar a ay. oexndaakow earn -Under Cacti WaPVM bar dmNnama Fame 1 1II rearm r'rcxvcros !U.N. 573 7a 1,251 T*.ete Mae. atto mittaM STEI11 fAlTIILV 7 ' 6 Man NM !Mikan Cay Thank la the RI' backTep.,k 'cis en.%.mi Ham a ire dayl Social Network % Sessions 1. Facebook 2. Pinterest 3. Twitter J�N Vlalt Nellonel City 62.07% MI 29.89% 8.05% Lunch The Vdatorlronl GO anyone? 4NatlonalC:ty (Travel 4Ca10crnia UnItka Comment Snare .\ Vea Natalie City and 11 others Site die. Miguel Martine. Great food and such aepadracdar von' . , unuse v` 1 Melt Helena' OM Agree itninttel Manna:! Have a nee week. Social media has played a key role in the marketing campaign helping to drive traffic to the website, to engage the community and to promote TMD activities and special promotions. Vlalt National City It's hot! Ice cream anyone? http:/Ayww.niededranksirecreams.coml NlceCream tNalionalCily Untlke Comment Shine 16 Shares sh Visa National City, Mika Les Radewey Inn National City. Leanne Cnnsune Mendoza and 47 others like this. Facebook 11 you have an opportunity watch Jacquekre Reynoso, President & CEO The National Clty Chamber, at UNIVISION San Dego pronw6ng Auto Heritage Fes0Val tna morning. aNalenalCrly tSanDege 4AuloShow TTe 23rd Annual Automobile Heritage Festival and Auto Show was a success! 4NattenaCily NCalilorltta .14 UNrlm Comment Share . VOA Naaonal Cay and 7 cram Ira Oka. igEidmn McDonald the Fad row truck was our vote the National Cry Chamber win Jactre6ne did an awesome job! Unkae c 1 P1t ;:tare Sal Cly and '3 uthets Ske the Twitter !:: National ply t;,, 1 a li,rr.:Ned .ring^!for a weak? Stay el Cers:l Seta Co-r111 Larlill AUTO Lauri Weekly Furnished Apartments 619-434-1291 Visit Nat ena4 Ci4Y Stop by Point Loma Cred.t tJn.,n i^ .Jat coal[,, 2 get a *lax sees of some :CaO eCals before l,morrw,'s Auto Shoe dr ie nercom/grcesoscN ) �i NIity M 4Jegoa G♦! GREAT SAVINGS Best Western Plus Marina Gateway Bala New Hasa*, aov5 awe waor+rw to or.. Clarion South Bay Boa New 0.0555401 apt pb.1 caa uap0R0 b Ora, Visit National City Lurch The \1'a:-:r', or1'>-1 '.e.el,..a ,or.ala Visit Notional City - :+I'x Where 15 your fa,onle place for 8 glare of We* in t oali0ry'Clty? • a e • ... ..+_• nt July Fi,noc4s at 1411a1 5 4 ,0 yearn. ., a. Y..o ..,, •a Online Ads Carlilf Auto Court isea tens e, ✓.. , ,a,my 1,e,>akaaa GREAT SAVINGS Motel 6 Book Now neseteent era, am caa Gfo9051 mtad GREAT SAVINGS Summer days are perfect fora round of scot! Visa sWaroneKay end have some fag =.travel eCeldorria 0SoCat Visit National City .. Ja0gaekne Reynoso, President &CEO of the National Cfty Chamber of Commerce, promoting =NationalCty at Mega Hexer VisitNationalCity.com has received more than 41,000 unique visitors since April 2014. The website was updated with a Book Now landing page that has helped to drive targeted traffic to hotel and motel websites. Users 41,815 .��rrlr'�+'►ea Unique visitors to the website have spent time browsing information about National City, places to visit and more. Visitor interaction has generated more than 62,000 pageviews since April. Page views 62,577 „fr- i j'��e00 d Gal 95.1 KISSsAN DIEGO �1♦ Fall Campaigns iheartradio UNIVISION Radio Go gle AdWords 0 J,.t 0 TMD's marketing fall campaign includes: An integrated marketing campaign via KissFM 95.7 and iHeartRadio that includes radio spots, online radio ads, video streaming and online banner ads. An interactive marketing campaign with Univision Radio to help us reach the Hispanic marketing in the L.A. area, Orange County, San Diego and Tijuana. Google Adwords campaign focused on conversions. Online ads target people searching for hotels and motels in National City. TMD is also promoting National City via Twitter, Facebook Ads and YouTube ads. All campaigns are focused on helping to promote National City as a destination and also to increase room occupancy in the city. Promotional Video A new promotional video was created to support the marketing efforts of the TMD. The content of the video was focused on highlighting some of the tourist attractions that are in National City: Olivewood Gardens, National City's Heritage Square, Kimball Park, Bike Trail, Golf Course and Pier 32. Promotional Video The video has been viewed more than 4,000 times on YouTube and more than 46,000 times on Facebook. ;'• •r03 © Visit National City VishNationalCity } Channel $tWngs Mobile App Ir4111r711 % o/ego•s Cssr- F DOWNLOAD AT NO COST aso 0 f Voc' Got)* play $ App Store Get th App! Atria STAY EAT :1 i- it DISCOVER GO Connect With Your Community Analytks Video Manager 4,386 National City's TMD launched a mobile app to promote National City's hotels and motels, provide information about top 25 places to visit in town, a list of restaurants for visitors to check out and special coupons to local businesses. The mobile app is available on Google Play (Android phones) and Apple Store. as GET IT NOW via tM .pp stone C1 .10it Blog —.0ois Gm- 23rd Annual Automobile Heritage Day Festival Recap The 23rd Ann,;a1 Automobile Heritage Day and Auto Show was a success. Thank you to all the sponso'S and rnede partners for supoonnrg me event. e0,00 .s oete 5 San Diego and National City Hotel Trends Business Travelers Should Know Luxury hotel trends are always evolving. especiaiy far business travelers who frequently stay in San Diego and National City s hotels. it i5n 1 {usl the twin. As part of the marketing campaign, promotional articles have been created to drive free traffic to Visit National City's website. fiil 0 Three Questions to Ask Concierges in National City and San Diego Area Whether you're a business traveler or on a faintly vacation, uncovering National City and San Diego means finding the best advice from experts in the... Cornnen. „n 4 w,..As n,li: Public Transportation Tips for National City Visitors When you stay in Netfonal City you don't hate to worry about pubhc lr nsportalron Thee are plenty of options that can take around. National City... .mmry ,,n Collateral — New Visitor's Map ny /io,raal *Anton - Book now for the best deals on San Diego Hotels at www.VlsltNationalClty com Notional City Is the sec ond.olded crty In Son Diego County and Is home to a new watedronl madna. an extenslve shopping scene and the best hotel deals In San Diego. We are Vacated Ivst south of Downtown San Diego and 10 minutes away ham the aepod and the U s Mexico bade, National City Is served by two mafa heewoys and close to Son Diego's musl•see loudst spots. ISTAY CONNECTED! www VisitNotionalCity com f+►�u toot( INSIDE Foe th, D_63l RURE c5K of a\) 'grail,) Gat D!SCOVLR Close to Everything www.VisitNationolCity.com ‘114ffoi\iPt' c tiox '44tiot\IA! (--ty New Visitor's Map ROI • 10% growth between 2012 and 2013 • TMD HAS generated 14% more BUSINESS from January -July this year, as compared to last year! • National City's Hoteliers grew revenue 36% in April 2014 vs. April 2012. • And in March this year compared to March of 2012, National City hotels increased revenue 46% NCI � �n�Baosw Thank You CC/CDC-HA Agenda 12/2/2014 — Page 39 The following page(s) contain the backup material for Agenda Item: Selection of Vice - Mayor (City Attorney) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 2, 2014 AGENDA ITEM NO. ITEM TITLE: Selection of Vice -Mayor PREPARED BY: Claudia Gacitua Silva DEPARTMENT: �► • ney PHONE: Ext. 4222 APPROVED BY: EXPLANATION: Appearing on the City Council agenda for the meeting of December 2, 2014, i"'resolution declaring the results of the General Municipal Election held on November 4, 2014. In a general law city such as National City, the California Government Code, at Section 36801, provides that at the meeting at which the declaration of results for a general municipal election is made, the city council shall, following the declaration of the election results and installation of elected officials, choose one of its members as mayor pro tempore (referred to in National City as the vice - mayor). Government Code Section 36802 provides that the mayor shall preside at the meetings of the council; that if the Mayor is absent or unable to act, the mayor pro tempore shall serve until the mayor returns or is able to act; and that the mayor pro tempore has all of the powers and duties of the mayor. In addition to these Government Code sections, Policy No. 602 of the City Council Policy Manual sets forth certain duties of the vice -mayor pertaining to the City Council clerical staff. A copy of Policy No. 602 is attached. The selection of the vice -mayor may be accomplished by approval of a motion. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Select Vice -Mayor. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: City Council Policy No. 602 CITY COUNCIL POLICY TITLE: CITY COUNCIL CLERICAL STAFF AND EXECUTIVE ASSISTANT TO THE MAYOR POLICY NUMBER: 602 ADOPTED: August 20, 1985 AMENDED OR January 21, 1986 REVISED: December 16, 2008 Purpose To establish guidelines for the evaluation or replacement of the City Council Clerical Staff and Executive Assistant to the Mayor. Policy It shall be the responsibility of the Vice Mayor to confer with the Mayor to coordinate the joint performance evaluations or replacement of the City Council Clerical Staff and Executive Assistant to the Mayor. The Vice Mayor shall confer with the Mayor to jointly make recommendations on performance, pay increases, and the need for temporary assistance in case of absences. The Vice Mayor will also be responsible to confer with the Mayor for the joint annual review and evaluation of the performance of the City Council Clerical Staff and Executive Assistant to the Mayor. Related Policy Procedures None. CC/CDC-HA Agenda 12/2/2014 — Page 42 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City waiving the bidding process based on special circumstances, and authorizing the Mayor to execute an Agreement with Day Wireless Systems, in an amount not to exceed $46,261, to provide maintenance CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 2, 2014 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City waiving the bidding process based on special circumstances, and authorizing the Mayor to execute an Agreement with Day Wireless Systems, in an amount not to exceed $46,261, to provide maintenance, service and installation of the City's radio communications equipment, maintain infrastructure for mobile and portable radios, on call services and other oroiects as needed from July 1. 2014 throuah June 30. 2015. PREPARED BY: Ronni Zengota, Operations Assistant DEPARTMENT: Police PHONE: Ext. 4516 APPROVED BY: EXPLANATION: It is requested that Council waive the formal bidding requirements as allowed in Section 12'of the Purchasing Ordinance and in Section 2.60.220 of the National City Municipal Code provides that the requirements of formal bidding may be disposed with when the City Council determines that due to special circumstances, it is in the City's best interest to purchase a commodity or enter into a contract without compliance with the bidding procedure, or when a particular type or make of commodity or equipment has been standardized by the City by order of the City Manager or City Council. Day Wireless has maintained and serviced the City's two-way radio communications equipment, installed and relocated cabling, installed modems, maintains the infrastructure on site for the City's mobile and portable radios, installed radio equipment to include bi-directional antennas, radio antennas, modem installations, relocated antenna cables, and provided preventative maintenance on City radios and public safety radios since 1999. Day Wireless is the certified Motorola vendor for the Regional Communications System (RCS) of which the City of National City is a member. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: / APPROVED: MIS Amounts are budgeted in respective departments and cannot exceed the following: Police Department - $29,523.40, 001-411-000-287-0000 / Source(s) of remaining $6,613.00 is as yet undetermined; however, additional appropriations will not be required Fire Department - $10,125.00 — 001-412-125-287-0000 & 001-412-125-299-0000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Day Wireless Agreement AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND U.S. MOBILE WIRELESS COMMUNICATIONS, INC. DBA DAY WIRELESS SYSTEMS THIS AGREEMENT is entered into this day of , 2014, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and U.S. MOBILE WIRELESS COMMUNICATIONS, INC., a corporation, dba Day Wireless Systems, (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide a maintenance agreement for the Police Department and the Fire Department for the City of National City. WHEREAS, the CITY has determined that the CONTRACTOR is a technical equipment repair and installation company specializing in public safety systems, and qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY agrees to engage the CONTRACTOR, and the CONTRACTOR agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services shall be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2a. SCOPE OF SERVICES — POLICE DEPARTMENT The CONTRACTOR will perform maintenance of equipment as set forth in the attached Exhibit "A" ($26,136.00). POLICE DEPARTMENT also will have CONTRACTOR perform installations such as radio installations, cabeling, modem installations and antenna installations as directed by the POLICE DEPARTMENT, and other projects as directed by the CHIEF OF POLICE ($10,000.00). 2b. SCOPE OF SERVICES — FIRE DEPARTMENT The CONTRACTOR will perform maintenance of equipment as set forth in Exhibit "B". 1 City's standard Agrmaem -2011 revision The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 20% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Lieutenant Robert Rounds hereby is designated as the Project Coordinator for the POLICE DEPARTMENT and Jason Matlock and Michael Lafrenere hereby are designated as the Project Coordinators for the FIRE DEPARTMENT and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Amador Macias thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall not exceed Thirty Six Thousand One Hundred Thirty Six Dollars ($36,136.00) for the POLICE DEPARTMENT. This not -to -exceed amount includes the specific scope of services set forth in Exhibit "A" totaling Twenty Six Thousand One Hundred Thirty Six Dollars ($26,136.00) (POLICE) for the term of this Agreement, and up to the remaining balance of Ten Thoursand Dollars ($10,000.00) for additional parts, installations, services and equipment as set forth in Section 2a of the Agreement (Scope of Services -Police Department) during the term of the Agreement. The compesantion for the CONTRACTOR for the FIRE DEPARTMENT shall not exceed $10,125.00. This not to exceed amount includes the specific scope of services set forth in Exhibit "B". Billings shall include labor classifications, respective rates, hours worked and also materials, if any. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibits "A" and "B", as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three. (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. 2 City's Standard Agreement —2011 revision In the event the CONTRACTOR and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the City or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 6. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on July 1, 2014. The duration of this Agreement is for the period of 1 year, July 1, 2014 through June 30, 2015, provided that the parties may mutually agree in writing signed by both parties to extend this Agreement on the same terms and conditions for three (3) additional one-year terms. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONTRACTOR'S written work product for the CITY'S purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. 3 Ciry•s Standard Agrcancet —2011 revision This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTPR from employing or hiring as many employees, or SUBCONTRACTORS, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTPR with its SUBCONTRACTPR(S) shall require the SUBCONTRACTPR(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'S employees, except as herein set forth, and the CONTRACTOR or the CONTRACTOR'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONTRACTOR its agents, servants, and employees are as to the CITY wholly independent CONTRACTOR, and that the CONTRACTOR'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR and each of its SUBCONTRACTOR(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTPR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. UnIess disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR'S professional performance or the furnishing of materials or services relating thereto. 4 City's Standard Agrerncent —2011 revision C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTPR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 5 Ciy's Standard Agreement —20t I revision The CONTRACTOR agrees to defend, indemnify and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suites, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employees. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTPR, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONTRACTOR(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. ❑ If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTORS employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. 6 City's Standard Agreement —2011 revision If CONTRACTOR has no employees subject to the California Workers' Compensation and Labor laws, CONTRACTOR shall execute a Declaration to that effect. Said Declaration shall be provided to CONTRACTOR by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shallmaintainsuch insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled 7 Ciy's Standard Agreement —2011 revision by arbitration in San Diego, Califomia, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTPR'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: 8 City's Standard Agreement —2011 revision TO CITY: Chief of Police City of National City 1243 National City Boulevard National City, CA 91950-4301 TO CONTRACTOR: Day Wireless 8300 Juniper Creek Lane Suite 100 San Diego, CA 92126-1072 Director of Emergency Services City of National City 1243 National City Boulevard National City, CA 91950-4301 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any. person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates 9 citys Standard Agreement —2011 revision apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the 10 City's Standard Agreement -2011 revision drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney U.S. MOBILE WIRELESS COMMUNICATIONS, INC. DBA DAY WIRELESS SYSTEMS (Corporation — signatures of two corporate officers) By: (Name) 6oeka bay (Print) \ILO, I reidet4- (Title) By: Name) , +- (Print) o pexn.Pre AS (Title) 11 Ciry's Standard Agreement -2011 revision DAYMANA-01 KELLIL ACORO" CERTIFICATE OF LIABILITY INSURANCE �f DATE(MMfDDIYYYY) 10/1 /2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER • Durham and Bates Agencies, Inc. 720 SW Washington St. Ste250 Portland, OR 97205 NgME CT Julie Douglas PHONE (AIC. No. Ext: (503) 224-5170 FAX IAIa, No): (503) 221-0540 E-IAA1L MARIEss: julied@dbates.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Atlantic Specialty Ins. Co. 27154 INSURED US Mobile Wireless Communications, Inc. dba: Day Wireless Systems 4700 SE International Way Milwaukio, OR 97222 INSURER B : Navigators Insurance Co 42307 INSURER C : Hartford INSURER D : INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBIF WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MMIDDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 711014061-0001 10/01/2014 10/01/2015 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE 10 REN rED PREMISES (Ea oecunence) $ 1,000,000 X $1,000,000 Umbrella MED EXP (Any one person) $ 10,000 X Washington Stop Gap PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES JECT X PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMPIOPAGG $ 2,000,000 WA Emplrs Liab $ 500,000 A AUTOMOBILE X - X _ LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON -OWNED AUTOS 711014061-0001 10/01/2014 10/01/2015 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 + BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLA UAB EXCESS LIAB X OCCUR CLAIMS -MADE LAI4EXC161165IV 10/01/2014 10/01/2015 EACH OCCURRENCE $ 8,000,000 AGGREGATE $ 8,000,000 DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN N N I A 52WELN9641 10/01/2014 10/01/2015 X PER STATUTE OTH- ER E.L EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A A Tech E&O Liability Claims -Made 711014062-0001 711014062-0001 10/01/2014 10/01/2014 10/01/2015 10/01/2015 Each Claim/Aggregate 2,000,000 SIR/DED Each Claim 10,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Re: Continuing Maintenance Projects throughout National City. For Additonal Insured provisions see attached Blanket Additonal Insured forms VCG207 07 09 Vantage for General Liability Technology Companies, and VCA 201 01 09 Vantage for Automobile. Workers Compensation form WC040306 - Waiver of Our Right to Recover From Others Endorsement - California attached. CERTIFICATE HOLDER CANCELLATION City of National City c/o Ronni Zengota 1200 National City Blvd National City, CA 91950-4302 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MELODYi ACORD' AGENCY CUSTOMER ID: DAYMANA-01 LOC #: 1 ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Durham and Bates Agencies, Inc. POLICY NUMBER SEE PAGE 1 CARRIER SEE PAGE 1 NAIC CODE SEE P 1 NAMED INSURED US Mobile Wireless Communications, Inc. dba: Day Wireless Systems 4700 SE International Way Mllwaukie, OR 97222 ADDITIONAL REMARKS EFFECTIVE DATE: SEE PAGE 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Remarks: Workers Compensation Companies Hartford Insurance Co of the Midwest - Applies to State of Nevada Hartford Accident and Indemnity - Applies to States of CA and OR Twin City Fire Insurance Company -Applies to Sate of ID ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 711014061-0001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. @VANTAGE FOR GENERAL LIABILITY TECHNOLOGY COMPANIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following schedule lists the coverage extensions provided by this endorsement. Refer to the individual provisions to determine the extent of your coverage. SCHEDULE OF COVERAGE EXTENSIONS 1. Additional Insured — Broad Form Vendors 2. Additional Insured — by Contract, Agreement or Permit relating to: o Work performed by you o Premises you own, rent, lease or occupy o Equipment you lease 3. Aggregate Limit Per Location 4. Blanket Waiver of Subrogation 5. Bodily Injury Redefined — Mental Anguish 6. Broadened Named Insured 7. Broadened Property Damage o Borrowed Equipment o Customers' Goods o, Use of Elevators 8. Coverage Territory — Worldwide 9. Duties in Event of Occurrence, Claim or Suit 10. Expected or Intended Injury. (PD) 11. Incidental Medical Malpractice 12. Medical Payments 13. Mobile Equipment Redefined 14. Newly Acquired or Formed Organizations 15. Non -Owned Aircraft 16. Non -Owned Watercraft 17. Personal and Advertising Injury 18. Product Recall Expense 19. Supplementary Payments Increased Limits 1. ADDITIONAL INSURED — BROAD FORM VENDORS Section 11— Who Is An Insured is amended to include as an additional insured any persons) or organization(s) (referred to below as vendor) with whom you agreed in a written contract or agreement to provide insurance, but only with respect -to "bodily injury" or "property damage"arising out of "your products" which are distributed or sold in the regular course of the vendors business, subject to the following additional exclusions: a. This provision 1. does not apply to: (1) "Bodily injury" or "property damage"'for which the vendor is obligated to pay`damages by reason of the assumption of liability in a cbiitract or agreement. This excluslonkdoes not apply to liability for damages that the vendor would have in the absence of:the .contract oragreement; (2) Any express warranty not authorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection,.demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container, (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendors premises in connection with the sale of the product; 17) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor, or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of Its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Subparagraphs 4. or 6.; or VCG 207 07 09 Includes copyrighted material of Insurance Services Office, Inc. Copyright 2009, OneBeacon Insurance Group LLC PRODUCER ' Page 1 of 7 c. Limits of Insurance applicable to the additional insured are those specified in the contract, agreement or permit or in the Declarations of this policy, whichever is Tess, and fix the most we will pay regardless of the number of 1. Insureds; 2. Claims made or "suits" brought; or 3. Persons or organizations making claims or bringing "suits". These Limits of Insurance are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. 3. AGGREGATE LIMIT PER LOCATION a. Under Section 1I1— Limits of Insurance, the General Aggregate Limit applies separately to each of your "locations" owned by or rented or leased to you. b. Under Section V — Definitions, the following definition is added: "Location" means premises involving the same or connecting Tots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 4. BLANKET WAIVER OF SUBROGATION Section IV — Transfer of Rights of Recovery Against Others to Us Condition is amended to add the following: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations done under a written contract or agreement with that person or organization and included In "your work" or the "products -completed operations hazard". This waiver applies only to persons or organizations with whom you have a written contract, executed prior to the "bodily injury" or "property damage", that requires you to waive your rights of recovery. 5. BODILY INJURY REDEFINED — MENTAL ANGUISH Under Section V, the definition of "bodily injury" is replaced by the following: "Bodily injury" means bodily injury, sickness‘ or disease sustained by a person, including mental anguish or death resulting from any of these at any time. 6. BROADENED. NAMED INSURED Section II L Who Is An Insured is amended to include as an insured the following: Any organization which is a legally incorporatedentity in which you own a financial interest of more than 50 percent of the voting stock on the effective date of this endorsement will be a Named Insured until the 180th day or the end of the policy period, whichever comes first; proviided there Is n0 other similar insurance available to.that:organization. The insurance afforded herein does not apply to any entity which is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of Its limits of insurance. 7. BROADENED. PROPERTY DAMAGE — BORROWED EQUIPMENT, CUSTOMERS' GOODS AND USE OF ELEVATORS The insurance for "property damage* liability is subject to the following: a. The Damage To Property exclusion under Section I Coverage A is amended as follows: 1. The exclusion for personal property in the care, custody or control of the insured does not apply to "property damage" to equipment you borrow while at a job site and provided it is not being used by anyone to perform operations at the time of loss. 2. The exclusions for (a) Property loaned to you; (b) Personal property in the care, custody or control of the insured; and (c) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it do not apply to "property damage" to "customers' goods" while on your premises nor do they apply to "property damage" arising from the use of elevators at premises you own, rent, lease or occupy. Subject to the Each Occurrence Limit, the most we will pay for "property damage" to "Customers' Goods" is $35,000 per "occurrence". VCG 207 07 09 Includes copyrighted material of Insurance Services Office, Inc. Page 3 of 7 Copyright 2009, OneBeacon Insurance Group LLC r JLIV 1 IVVIvlDL r\. / I I-V I-'FV-V I-VVV 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. @VANTAGE FOR AUTOMOBILE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following schedule lists the coverage extensions provided by this endorsement. Refer to the individual provi- sions to determine the extent of your coverage. SCHEDULE OF COVERAGE EXTENSIONS 1. Additional insured By Contract 2. Airbag Discharge 3. Auto Theft Reward 4. Blanket Waiver of Subrogation 5. Bodily Injury Redefined — Mental Anguish 6. Broad Form Named Insured 7. Communications Equipment 8. Diminution in Value 9. Drive Other Car — Executive Officers 10. Duties In The Event of Accident, Claim, Suit or Loss 11. Employees As Insureds 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Employee Hired Autos Fellow Employee Exclusion Glass Repair — Waiver of Deductible Hired Auto Physical Damage Coverage Lease Gap Coverage Liability Coverage — Supplementary Payments Newly Formed or Acquired Organizations Physical Damage — Transportation Expenses Rental Reimbursement — Private Passenger Vehicles Towing — Any Covered Auto 1. ADDITIONAL INSURED BY CONTRACT The Who Is An Insured provision under SECTION II — LIABILITY COVERAGE is amended to include as an additional "insured" any person or organization with whom you agreed in a written contract, written agreement or permit, to provide insurance such as is afforded under this Coverage Form. Such person or organization is an "insured" only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part by your maintenance, operation or use of your covered "autos". With respect to the insurance afforded to these additional "insureds", this insurance does not apply: a. Unless the written contract or agreement has been executed or the permit has been issued prior to the "bodily injury" or "property damage"; b. To any person or organization included as an "insured" by endorsement or in the Declarations; or c. To any lessor of "autos" when their contract or agreement with you for such leased "auto" ends. 2. AIRBAG DISCHARGE If you purchased physical damage coverage for a covered "auto" under this policy, we will pay to reset or re- place an airbag that accidentally discharges without the vehicle being involved in an accident. No deductible 'applies to this additional coverage. However, this coverage only applies if the airbag is not covered under a manufacturer's warranty and you did not intentionally cause the airbag to discharge. 3. AUTO THEFT REWARD We will pay up to a $2,000 reward in the event of a covered Toss, for information leading to the arrest and con- viction of anyone stealing a covered "auto". A reward will not be paid to you, a family member, employee or any public official while performing their duty. 4. BLANKET WAIVER OF SUBROGATION The Transfer Of Rights of Recovery Against Others To Us condition under SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A. LOSS CONDITIONS is replaced by the following: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", provided the contract is in writing and executed prior to the "bodily injury" or "property damage". 5. BODILY INJURY REDEFINED — MENTAL ANGUISH The definition of "bodily injury" under SECTION V — DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including mental anguish or death resulting from any of these at any time. VCA 201 01 09 Includes copyrighted material of Insurance Services Office, Inc. Copyright 2004, OneBeacon Insurance Group LLC pianni V!co Page 1 of 5 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 52 WE LN9641 Endorsement Number: Effective Date: Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: DAY MANAGEMENT CORPORATION PO BOX 189 ESTACADA, OR 97023 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description AS NEEDED PER CONTRACT Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: Policy Expiration Date: 10/1/14 /.die/ r t/,¢ DAY WIRELESS SYSTEMS SERVICE AGREEMENT dba: US Mobile Wireless Communications, Inc. 8300 Juniper Creek Lane STE 100 DATE 10/7/2014 San Diego, CA 92126 858-537-0709 Fax: 858-537-9570 CUSTOMER NAME: City of National City - Police Department CUSTOMER #: NAT140 DAY' WIRELESS SYSTEMS ATTN: Accounts Payable CUSTOMER/AGREEMENT: 565-00 BILLING ADDRESS: 1243 National City Blvd. CITY: National City CONTRACT START DATE: 7/1/2014 YES ZIP 91950 AUTO RENEWAL: NO CUSTOMER CONTACT: Ronni Zengota rzengota@nationalcityca.gov TELEPHONE / FAX #: 619-336-4509 Fax: 619-336-4525 EXPIRATION DATE: 6/30/2015 QTY MODEL NUMBER/SERIAL NUMBER/DESCRIPTION PLACE OF SERVICE MONTHLY SVC AMOUNT CUSTOMER LOCATION SVC CTR DRNE-IN SVC CTR MAIL -NI PER UNIT EXTENDED 3 Mobile Control Stations' X 9.00 27.00 3 Reomote Op Positions' X 84.00 252.00 1 Spectra Consolette Existing* X 25.00 25.00 1 Ethernet Router' X 15.00 15.00 1 Ethernet Switch* X 15.00 15.00 1 Tensor Channel Bank` X 32.00 32.00 9 XTL5000 Consolettes' X 9.00 81.00 3 BDA X 25.00 75.00 15 Astro Mobiles X 8.00 120.00 16 XTS3000 Portables X 10.00 160.00 80 XTS5000 Portables X 8.00 640.00 33 XTS2500 Portables X 8.00 264.00 56 Astro Mobiles X 8.00 448.00 3 Moto Astros X 8.00 24.00 Totals for page 1 PAYMENT CYCLE: TAX EXEMPT: [ ] ANNUALLY [ ] YES, ATTACH EXEMPT [ ] SEMI-ANNUALLY CERTIFICATE [ X ] QUARTERLY [ x I NO [ ] MONTHLY [ ] OTHER (SPECIFY IN SPECIAL INSTRUCTIONS) TOTAL PER MONTH $2,178.00 TAXES $0.00 TOTAL $6,534.00 THE ABOVE SERVICE AMOUNT IS SUBJECT TO STATE a LOCAL TAXING JURISDICTIONS, TO DE VERIFIED BY DAY WIRELESS PAGE 1 OF 1 WHEN THIS AGREEMENT IS ACCEPTED Br US MOBILE WIRELESS. THE EQUIPMENT ON THE CUSTOMER'AGREEMENT ORDER REFERENCED ABOVE WILL BE SERVICED BY US. MOBILE WIRELESS IN ACCORDANCE WITH THE TERMS AND CONDITIONS PRINTED ON ATTACHMENT. THIS AGREEMENT DOES NOT INCLUDE REPLACEMENT OF ANTENNAS. BATTERIES. OR SERVICE OF ANY TRANSMISSION LINE. ANTENNA. TOWER OR TOWER LIGHTING UNLESS SUCH WORK IS DESCRIBE0 BELOW SPECIAL INSTRUCTIONS: HOURS OF SERVICE: 8:00 AM TO 4:30 PM Monday thru Friday excluding weekends and holidays. An annual preventative maintenance inspection is included in this contract and is to be scheduled by a representative of National City Police Department. This contract includes all parts and labor with the exception of antennas, batteries, cables, programming, physical abuse and water/checmical damage. 'Denotes that this equipment is covered under 24/7/365. Contract included pick up and delivery of portables. [ X ] NEW [ ] ADJUSTMENT AGREEMENT AGREEMENT# Addllonal terms. definitions and conditions or this SERVICE AGREEMENT are printed on page 2 PURCHASE NUMBER AUTHORIZED CUSTOMER (SIGNATURE) DATE: SERVICE REPRESENTATIVE (SIGNATURE) DATE: Cx/4/6/r DAY WIRELESS SYSTEMS dba: US Mobile Wireless Communications, Inc. 8300 Juniper Creek Lane STE 100 San Diego, CA 92126 858-537-0709 Fax: 858-537-9570 CUSTOMER NAME: NATIONAL CITY -FIRE DEPT ATTN: BILLING ADDRESS: 1243 NATIONAL CITY BLVD BRENDA HODGES 619-336-4570 CITY: National City STATE: CA ZIP CONTRACT START DATE: 7/1/2014 YES SERVICE AGREEMENT DATE 6/19/2014 CUSTOMER #: NAT130 DAY• :.. WIRELESS SYSTEMS CUSTOMER/AGREEMENT: 560-00 CUSTOMER CONTACT: JASEN MATLOCK/ MICHAEL LAFRENIERE 92050 TELEPHONE / FAX #: 619-336-4550/619-336-4562 jmatlock@nationalcityca.gov AUTO RENEWAL: NO EXPIRATION DATE: 6/30/2015 QTY MODEL NUMBER/SERIAL NUMBER/DESCRIPTION PLACE OF SERVICE MONTHLY SVC AMOUNT CUSTOMER LOCATION SVC CTR DKIVE411 Svc CTR MAIL.IN PER UNIT EXTENDED 14 Astro XTL5000 W9X Mobile Radios x 15.00 210.00 4 Astro XTL5000 W7X Base Stations x 15.00 60.00 35 XTS5000 Portables x 9.00 315.00 28 Vehicular Tri-chem charger x 7.50 210.00 4 Impress Rapid Rate Chargers x 3.00 12.00 5 Desktop chargers Model AA1670 x 3.75 18.75 2 Batt Maint System Model WPLN4079BR x 9.00 18.00 PAYMENT CYCLE: TAX EXEMPT: [ ] ANNUALLY ( ] YES, ATTACH EXEMPT [ ] SEMI-ANNUALLY CERTIFICATE [ ] QUARTERLY I x ] NO 1 x ] MONTHLY [ ] OTHER (SPECIFY IN SPECIAL INSTRUCTIONS) TOTAL PER MONTH $843.75 TAXES TOTAL $843.75 THE ABOVE SERVICE AMOUNT IS SUBJECT TO STATE A LOCAL TAXING JURISDICTIONS. TO BE VERIFIED BY DAY WIRELESS PAGE 1 OF 2 WHEN THIS AGREEMENT IS ACCEPTED BY US MOBILE WIRELESS. THE EQUIPMENT ON THE CuSTOMERIAGREEMENT ORDER REFERENCED ABOVE WILL BE SERVICED BY U.S. MOBILE WIRELESS IN ACCORDANCE WITH THE TERMS AND CONDITIONS PRINTED ON ATTACHMENT. THIS AGREEMENT DOES HOT INCLUDE REPLACEMENT OF ANTENNAS. BATTERIES. OR SERVICE OF ANY TRANSMISSION LINE. ANTENNA. TOWER OR TOWER LIGHTING UNLESS SUCH WORK IS DESCRIBED BELOW SPECIAL INSTRUCTIONS: HOURS OF SERVICE: 8:00 AM TO 4:30 PM Monday thru Friday. EXCLUDING WEEKENDS and HOLIDAYS. An annual preventive maintenance inspection is included in this contract and is to be scheduled by a representative of the FIRE DEPT. This contract includes all parts and labor with the exception of antennas, batteries, cables, programming, physical abuse and water/chemical damage. [X ] NEW [ ] RENEWAL AGREEMENT AGREEMENT# Additional terms, definitions and conditions of this SERVICE AGREEMENT are pnnted on the reverse side. AUTHORIZED CUSTOMER SIGNATURE/P.O.e TITLE IS P.O. REQUIRED? Lx_] YES. ATTACH P.O. I 1 NO DATE SERVICE REPRESENTATIVE (SIGNATURE) TELEPHONE # SERVICE REPRESENTATIVE (PRINT NAME) CELL PHONE # RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BIDDING PROCESS BASED ON SPECIAL CIRCUMSTANCES, AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH DAY WIRELESS SYSTEMS FROM JULY 1, 2014 THROUGH JUNE 30, 2015 IN AN AMOUNT NOT TO EXCEED $46,261 TO PROVIDE MAINTENANCE, SERVICE, AND INSTALLATION OF THE CITY'S RADIO COMMUNICATIONS EQUIPMENT, MAINTAIN INFRASTRUCTURE FOR MOBILE AND PORTABLE RADIOS, ON -CALL SERVICES, AND OTHER PROJECTS AS NEEDED WHEREAS, the City desires to employ a contractor to provide general services related to two-way radio communications maintenance for the City of National City, including certain projects for the Police Department and Fire Department; and WHEREAS, the City has determined that Day Wireless Systems is a technical equipment repair and installation company specializing in public safety systems, and is qualified by experience and ability to perform the services desired by the City; and WHEREAS, Day Wireless Systems is willing to provide such services from July 1, 2014 through June 30, 2015 for an amount not to exceed $46,261, with the option to extend the Agreement for three (3) additional one-year terms with the same terms and conditions; and WHEREAS, Day Wireless Systems is the certified Motorola vendor for the Regional Communications System of which the City of National City is a member, and has installed, maintained, and serviced the City's two-way radio communications equipment since 1999. Changing the service to another vendor would entail additional costs to integrate the Day Wireless system with the new vendor's system. These are special circumstances that support of waiving the bidding process; and WHEREAS, Section 2.60.220 of the National City Municipal Code provides that the requirements of formal bidding may be disposed with when the City Council determines that due to special circumstances, it is in the City's best interest to purchase a commodity or enter into a contract without compliance with the bidding procedure, or when a particular type or make of commodity or equipment has been standardized by the City by order of the City Manager or City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves waiving the bidding process based on special circumstances, and authorizes the Mayor to execute an Agreement with Day Wireless Systems to provide maintenance, service, and installation of the City's radio communications equipment, maintain infrastructure for mobile and portable radios, relocate antenna cables, and install bi-directional antennas for public safety and other City departments, and for certain projects and on -call services for an amount not to exceed $46,261. Said Agreement is on file in the office of the City Clerk. [Signature Page to Follow] Resolution No. 2014 — Page Two PASSED and ADOPTED this 2nd day of December, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 12/2/2014 — Page 65 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City waiving the bid process pursuant to section 2.60.260 of the National City Municipal Code and authorizing the Mayor to execute the first amendment to the annual software maintenance agreement with CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 02, 2014 AGENDA ITEM NO. — ITEM TITLE: Resolution of the City Council of the City of National City waiving the bid process pursuant to section 2.60.260 of the National City Municipal Code and authorizing the Mayor to execute the first amendment to the annual software maintenance agreement with Northrop Grumman Systems Corporation in the total not -to -exceed amount of $153,285.00 to support the Law Enforcement Records Manaaement System. PREPARED BY: Ron Williams DEPARTMENT: Administrativ , vices r PHONE: 619-336-4373 APPROVED BY: %t, � ' SS) EXPLANATION: The Law Enforcement Records Management System(RMS) provides National City Police Department with real-time electronic records related to crime and arrest reports. The RMS data is processed and uploaded to the San Diego Area Regional Justice Information System(ARJIS). Due to the proprietary nature of the RMS system, Northrop Grumman Systems Corporation is the sole entity qualified to provide on -going software maintenance and support. It is requested that Council waive the formal bidding requirements as allowed in Chapter 2.60.220(d) of the Municipal Code, and award the contract to Northrop Grumman Systems Corporation for the following reasons: 1. Northrop Grumman is the sole entity qualified to support the proprietary RMS software application. 2. No further purpose would be served by issuing a formal bid at this point in the process. FINANCIAL STATEMENT: ACCOUNT NO. 629-417-082-281-0000 APPROVED: Finance APPROVED: /A �4� IS ENVIRONMENTAL REVIEW: This is not a project, and therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends Council waive the formal bidding requirements as allowed in Chapter 2.60.220(d) of the Municipal Code, and award the contract to Northrop Grumman Systems Corporation. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Attachment 1: Contract Attachment 2: Amendment Amendment No. 1 to the Agreement between the City of National City (Customer) and Northrop Grumman Systems Corporation WHEREAS, the Customer and Northrop Grumman Information Technology, Inc. (NGIT) entered into an Agreement effective December 2, 2009, whereby Northrop Grumman Information Technology, Inc. was to provide the Customer's Records Management System (RMS) maintenance service; and WHEREAS, Northrop Grumman Information Technology, Inc. has merged with and into its parent company Northrop Grumman Systems Corporation ("Northrop Grumman"), a Delaware corporation, acting through Northrop Grumman Information Systems sector, Cyber Solutions Division, with an office at 7555 Co!shire Drive, McLean, VA 22102; and WHEREAS, the Customer desires to extend the term of the contract for additional three (3) years period under the Scope of the Agreement and amend the Price and Payment schedule to the Agreement; and WHEREAS, Northrop Grumman has agreed to extend the term of the contract for additional three (3) years period under the Scope of the Agreement and amend the Price and Payment schedule to the Agreement; NOW, therefore, it is agreed as follows: 1. Effective December 2, 2014, the term of the agreement shall be extended for additional three (3) years through December 1, 2017 as described on Exhibit A hereto. 2. All other Terms and Conditions of the Agreement, except as specifically changed hereby, shall remain in full force and effect. Document prepared 5/20/ 1 4 Amd 1 _051 4 Amendment No. 1 to the Agreement between the City of National City (Customer) and Northrop Grumman Systems Corporation IN WITNESS WHEREOF, the parties hereto have executed this amendment, the day and year written below. The City of National City Signature of Authorized Representative Printed Name Title Date Northrop Grumman Systems Corporation Sue Jun Contracts Administrator Date 4 {,,! i Kourz • Contracts Manager (, /t?/2a,.•-- Date Document prepared 5/20/14 Amd 1 0514 Amendment No.1 to the Agreement between the City of National City (Customer) and Northrop Grumman Systems Corporation EXHIBIT "A" Price and Payment Schedule: Period No. 6 — December 2, 2014 — December 1, 2015 NG Software Maintenance: Records Management System (RMS) Total Due, Period 6 Period No. 7 — December 2, 2015 — December 1, 2016 NG Software Maintenance: Records Management System (RMS) Total Due, Period 7 Period No. 8 — December 2, 2016 — December 1, 2017 $48,612.00 $48,612.00 $51,060.00 $51,060.00 NG Software Maintenance: Records Management System (RMS) $53,613.00 Total Due, Period $ $53,613.00 Document prepared 6/ 12/ 14 Amd 1 RIVMS 0614 Memorandum Northrop Grumman Systems Corporation Information Systems Civil Division 7575 Co!shire Drive McLean, Virginia 22102 Northrop Grumman Information Systems To: Hae Jun From: Anita Hyink, Director of Contract Capture and Strategy, Civil Division Subject: Contractual Signature/Commitment Authority Date: June 28, 2014 In order to support the activities of Northrop Grumman Information Systems Sector (Northrop Grumman IS), I am hereby delegating signature/commitment authority. This delegation of signature authority is effective as of June 28, 2014 and is subject to the following limitations in accordance with the Civil Division procedure, CDP 0001, Review and Approval of Commitments. For all Types of Contracts less than or equal to $5,000,000 This delegation authorizes the above individual to execute on behalf of Northrop Grumman Information Systems Sector: contracts, proposals, prime contract related teaming agreements and non -disclosure agreements, memoranda of agreement and other documents binding and committing those entities through which Northrop Grumman Information Systems sector operates, This includes Northrop Grumman Systems Corporation and Northrop Grumman International Trading, Inc. as well as subsidiary companies. In addition, you are permitted to sign actions related to instruments awarded in the name of Northrop Grumman Space & Mission Systems Corp, and Northrop Grumman Information Technology, Inc. until such time as those instruments are novated to Northrop Grumman Systems Corporation. Signature for entities beyond those listed above should be verified with the Northrop Grumman Information Systems sector legal department prior to making commitments. This delegation does not authorize you to act outside the scope of the Civil Division practices, Northrop Grumman IS sector Policies & Procedures, Northrop Grumman Corporation Policies & Procedures, and Federal, State, and local laws and regulations. You are responsible for ensuring compliance with all applicable Civil Division, Sector, and Northrop Grumman Polices, and Federal, State, and Local laws and regulations. This delegation of signature/commitment authority shall be reassessed within 12 months and does not authorize you to delegate signature/commitment authority to any other individual. Please let me know if you have any questions regarding this delegation of signatures/commitment authority, I t %• ' Anita Hyink Director of Contract Capture and Strategy Civil Division Memorandum Northrop Grumman Systems Corporation Information Systems Civil Division 7575 CoIshire Drive McLean, Virginia 22102 Northrop Grumman Information Systems To: John Kouri From: Anita Hyink, Director of Contract Capture and Strategy, Civil Division Subject: Contractual Signature/Commitment Authority Date: June 28, 2014 In order to support the activities of Northrop Grumman Information Systems Sector (Northrop Grumman IS), I am hereby delegating signature/commitment authority. This delegation of signature authority is effective as of June 28, 2014 and is subject to the following limitations in accordance with the Civil Division procedure, GDP 0001, Review and Approval of Commitments. For all Types of Contracts less than or equal to $35,000,000 This delegation authorizes the above individual to execute on behalf of Northrop Grumman Information Systems Sector: contracts, proposals, prime contract related teaming agreements and non -disclosure agreements, memoranda of agreement and other documents binding and committing those entities through which Northrop Grumman Information Systems sector operates. This includes Northrop Grumman Systems Corporation and Northrop Grumman International Trading, Inc. as well as subsidiary companies. In addition, you are permitted to sign actions related to instruments awarded in the name of Northrop Grumman Space & Mission Systems Corp, and Northrop Grumman Information Technology, Inc. until such time as those instruments are novated to Northrop Grumman Systems Corporation. Signature for entities beyond those listed above should be verified with the Northrop Grumman Information Systems sector legal department prior to making commitments. This delegation does not authorize you to act outside the scope of the Civil Division practices, Northrop Grumman IS sector Policies & Procedures, Northrop Grumman Corporation Policies & Procedures, and Federal, State, and local laws and regulations. You are responsible for ensuring compliance with all applicable Civil Division, Sector, and Northrop Grumman Polices, and Federal, State, and local laws and regulations. This delegation of signature/commitment authority shall be reassessed within 12 months and does not authorize you to delegate signature/commitment authority to any other individual. Please let me know if you have any questions regarding this delegation of signatures/commitment authority. Anita Hyink it? Director of Contract Capture and Strategy Civil Division (Page 1 of 18) Northrop Grumman information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. MASTER MAINTENANCE AGREEMENT This Agreement is entered into between Northrop Grumman Information Technology, Inc. (represented herein by their Commercial State and Local Programs Business Unit), a Delaware corporation, with an office at 15010 Conference Center Drive, Chantilly, VA 20151-3801, hereinafter referred to as "NORTHROP GRUMMAN", and the City of National City, California, hereinafter referred to as "Customer". I. SCOPE OF AGREEMENT NORTHROP GRUMMAN will provide the following services: • Services provided for by the NORTHROP GRUMMAN Software Maintenance Sub -Agreement, (copy attached), which includes NORTHROP GRUMMAN provided software as shown on Exhibit A of the Software Agreement The above shall be referred to as sub -agreements. 2. TERM OF AGREEMENT The terns of this Agreement shall continence on December 2, 2009, and shall continue for a term of five (5) years at the prices outlined in Exhibit "A". 3. TERMINATION This Agreement may be terminated at any time by either party by providing a 90 day written notice of termination. As such, the Agreement shall terminate with no further financial obligation of the Customer with respect to payment of obligations due after 90 days from the date of such notice. 4. TERMS AND CONDITIONS In the event of a conflict, the terms of this Agreement shall take precedence over the terms and conditions of the sub -agreements. Document Prepared 8/20/09 MMK RMS 0809.doc Page 1 of 6 (Page 2 of 18) Northrop Grumman Information Technology, Inc. Proprietary Contains Trade Secrets and information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. MASTER MAINTENANCE AGREEMENT 5. PRICE AND PAYMENT The Customer shall pay the amount labeled "Total Due," with respect to the period identified, in Exhibit "A" (attached). The fees for Basic Software Maintenance shall be paid annually in advance. Per call and block time charges in Item 2 of Exhibit B NORTHROP GRUMMAN SOFTWARE MAINTENANCE SUB -AGREEMENT will be invoiced after the service is performed. Prices in this Agreement are exclusive of applicable taxes, if any. Taxes are the respon- sibility of the Customer and will be added to the invoices. Payment terms are net thirty (30) days from date of invoice. NORTHROP GRUMMAN reserves the right to charge interest for late payments at the rate of one and one-half percent (1.5%) per month. 6. AMENDMENT OF THIS AGREEMENT The Customer reserves the right to request changes which would include alterations, deviations, additions to or deletions from the scope of work of this Agreement, as may be deemed by the Customer to be necessary or required for the proper completion of the whole work contemplated. Any such changes will be set forth in an Amendment/Changes Orders to this Agreement which will specify the change in work to be performed and any increase/decrease in compensation due NORTHROP GRUMMAN for such work. No such requested changes shall be effective until the execution of an appropriate amendment of this Agreement by both parties. 7. NOTICES Any notice required to be given by the terms of this Agreement shall be deemed to have been given when the same is sent by certified mail, postage prepaid, or courier service to the respective parties as follow: Customer: The City of National City 1200 National City Blvd National City, CA 91950 Northrop Grumman Information Technology, Inc. Sue Jun 15010 Conference Center Drive Chantilly, VA 20151-3801 Document Prepared 8/20/09 MMI RMS o8a9.doc Page 2 of 6 (Page 3 of 18) Northrop Grumman Information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. MASTER MAINTENANCE AGREEMENT 8. INDEPENDENT CONTRACTOR NORTHROP GRUMMAN is an independent contractor under this Agreement, and not an employee or agent of Customer. All payments hereunder shall be made to NORTHROP GRUMMAN. No deductions shall be made from the payments provided for under Article V above for any reason including taxes, workman's compensation or insurance. 9. LIMITATION OF LIABILITY AND REMEDIES a. Limited Warranty NORTHROP GRUMMAN MAKES NO WARRANTIES HEREUNDER, EITHER EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). b. Limitation of Remedy Except for damages to third parties as set forth in Section 10, customer agrees that NORTHROP GRUMMAN's liability hereunder for damages shall not exceed the annual maintenance fee paid to NORTHROP GRUMMAN for the maintenance period in which the cause of the action occurred. c. Limitation of Damages IN NO EVENT SHALL NORTHROP GRUMMAN BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES. Document Prepared 8120109 MMK. RMS 0809.doc Page 3 of 6 A (Page 4 of 18) Northrup Grumman Information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential, NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. MASTER MAINTENANCE AGREEMENT 10. INDEMNIFICATION NORTHROP GRUMMAN shall indemnify, defend, and hold harmless Customer from and against any and all claim, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including attorneys' fees) and Liabilities, of, by or with respect to third parties, which arise solely from the intentional misconduct or negligence of NORTHROP GRUMMAN, NORTHROP GRUMMAN's employees, agents or subcontractors. NORTHROP GRUMMAN shall not be responsible for, and Customer shall, within the limits of California law and without waiving any of its rights, privileges or governmental immunities from suit or liability, indemnify, defend, and hold harmless NORTHROP GRUMMAN from and against, any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including attorneys' fees) and liabilities, of, by or with respect to third parties, which arise solely titan Customers' negligence. With respect to any and all claims, demand, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including attorney's fees) and liabilities, of, by or with respect to third parties, which arise from the joint or concurrent negligence of NORTHROP GRUMMAN and Customer, each party shall assume responsibility in proportion to the degree of its respective fault. 11. FUNDING The customer has reviewed their funding and verifies to Northrop Grumman that none of their funding to be used in this quotation will include American Recovery and Reinvestment Tax act of 2009 ("ARRA") funds, funds from the Emergency Economic Stabilization Act ("ESSA") or funds from the Trouble Assist Relief Program ("TARP"). Prior to applying any funds from any of the three identified sources of the funds above onto this contract the customer shall notify Northrop Grumman. If ARRA, TARP or ESSA finds are to be applied towards this contract, Northrop Grumman may either elect to terminate the effort for convenience prior to the application of any funds from the identified sources or to ratify the contract. Document Prepared 8/20/09 MMK RM5 0809.doc Page 4 of 6 (Page 5 of 18) Northrop Grumman lnformaiion Technology, Inc. Proprietary Contains Trade Sccrcts and Information which is Ccnmmercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. MASTER MAINTENANCE AGREEMENT 12. ENTIRE CONTRACT This Agreement and attached Sub-Agreement(s) represent the entire and integrated agreement between the parties hereto and supersedes all prior and contemporaneous negotiations, representations, understandings, and agreements, whether written or oral, with respect to the subject matter hereof. This Agreement may be amended only by written instrument signed by the parties hereto. The City of Natanst City: gnature of Authorized Representative Ron Morrison Printed Name Mayor Title Deaeaber 1, 2009 Date Northrop Grumman Information Contracts Administrator 1� Date Document Prepared 8/20/09 MMK RMS 0809.doc Page 5 of 6 (Page 6 of 16) Northrop Grumman Information Technology, hie. Proprietary Contains Trade Secrets end hiformation which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. MASTER MAINTENANCE AGREEMENT Exhibit "A" Price and Payment: Period No. 1 — December 2, 2009 — December 1, 2010 Basic Software Maintenance RMS $38.1 02.00 Total Due, Period No. 1 $38,102.00 Period No. 2 — December 2, 2010 — December 1, 2011 Basic Software Maintenance RMS $40,007.00 Total Due, Period No. 2 540,007.00 Period No. 3 — December 2, 2011— December 1, 2012 Basic Software Maintenance RMS 542,008.00 Total Due, Period No. 3 . 4 -( Period No. 4 — December 2, 2012 — December 1, 2013 Basic Software Maintenance RMS $44,108.00 Total Due, Period No. 4 S44,108.00 Period No. 5 December 2, 2013 — December 1, 2014 Basic Software Maintenance RMS $46,313.00 Total Due, Period No. 5 $46,313.00 Document Prepared 8/20/09 MMK RMS 0809.doc Page 6 of 6 (Page 7 of 18) Northrop Grumman Information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential, NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. SOFTWARE MAINTENANCE SUB -AGREEMENT SUB -AGREEMENT effective December 2, 2009, between Northrop Grumman Information Technology, Inc. (represented herein by its Conunercial State and Local Programs Business Unit), 15010 Conference Center Drive, Chantilly, VA 20151-3801 ("NORTHROP GRUMMAN") and the City of National City, ("Customer"). I. SOFTWARE SYSTEM For the purpose of this Sub -Agreement, the "Software System" shall mean the NORTHROP GRUMMAN Computer Software System (Software System) identified in Exhibit A. 2. SOFTWARE SUPPORT SERVICES a. Maintenance Support With respect to the Software System, NORTHROP GRUMMAN agrees to perform, or cause to be performed, the following maintenance services: 1. NORTHROP GRUMMAN will retain a complete copy of the NORTHROP GRUMMAN application source code to guard against the permanent loss of system functions in the event of disaster. 2. If during the term of this Agreement, (a.) the Customer discovers defects in the Software System such that same will not perform in accordance with NORTHROP GRUMMAN's design; (b.) the Customer notifies NORTHROP GRUMMAN of such defects; and, (c.) such defects are reproducible, then NORTHROP GRUMMAN shall provide, or cause to be provided, timely corrections of such defects. As applicable and required, Customer shall be responsible for installing corrections to applicable workstation software. 3. If problems arise concerning the Software System, NORTHROP GRUMMAN will provide telephone assistance within the schedule stated in Section 3, Problem Reporting. 4. If Critical problems arise from the NORTHROP GRUMMAN application (see 3. Problem Reporting) and the Customer cannot correct them by following system management training and/or procedures previously supplied by NORTHROP GRUMMAN or Masi, NORTHROP GRUMMAN will provide assistance to restore the Software System opera- tions 24 hours a day, 365 days a year without additional charge to the Customer. Document Prepared 08/20/09 SMK RMS 0909 Page 1 of 7 (Page 8 of 18) Northrop Cmimman Information Technology, inc. Proprietary Contains Trade secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMA11ON TECHNOLOGY, INC. SOFTWARE MAINTENANCE SUB -AGREEMENT b. Software Improvements and Upgrades During the term of this Agreement, NORTHROP GRUMMAN shall supply Customer with improvements and upgrades to those functions or features of •the Software. Products which were described in the Functional Specification Design and supplied under the applicable contract and which are not priced separately. NORTHROP GRUMMAN will provide one (1) software upgrade per year. c. Installation of Corrections, Improvements or Upgrades NORTHROP GRUMMAN shall provide changes and installation support to the Software Products including updates, upgrades, releases, patches, corrections or improvements by telephone modem or the appropriate transport media, all at the option of NORTHROP GRUMMAN. Customer shall provide installation, distribution, support or access as may be reasonably required to successfully install the changes. 3. PROBLEM REPORTING Problems are logged into NORTHROP GRUMMAN's problem tracking system and the Customer is given a problem ticket number. The call is prioritized based on what is being reported, and how serious the Customer perceives the problem. Priority one problems receive immediate attention and are worked continuously until resolved. Priority two, three and four calls are placed in the queue, assigned to programmers and are addressed based on order received and priority. Customers may escalate problems to the CSG Service Manager if they feel they are not being addressed in a timely manner. The following are NORTHROP GRUMMAN's prioritizations: Priority One: Critical Guaranteed response time of 2 hours; worked continuously until respolved Software Errors that prevent or substantially interfere with operation of the NORTHROP GRUMMAN installed software for its primary intended purpose on a system wide basis, as described in the Functional Design Specification, such as those errors that can cause loss of data or prevent the product from running. Examples include, but are not limited to: • Complete system outage (system down) of a major application o Computer Aided Dispatch o Message Switching System o Records Management System o Mobile Data Computing System Document Prepared 08/20/69 SMIC RMS 09©9 Page 2 of 7 (Page 9 of 18) Northrop Grumman. infonnalion Technology, Inc. Proprietary Contains Trade Secrets and Information which is Conuneneial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. SOFTWARE MAINTENANCE SUB -AGREEMENT ▪ Workstation failure of a critical workstation; mission critical tasks that cannot be performed on another workstation. • Database failure or performance degration to the point of inoperability Priority Two: High Guaranteed response time of4 hours Software Errors that do not prevent or substantially interfere with operation of the NORTHROP GRUMMAN system for its primary intended purpose or are not system wide, but that do prevent or materially interfere with end user performance of common functions described in the Functional Design Specification. Examples include, but are not limited to: • Workstation failure of a non -mission critical workstation, where there is no alternate workstation for that functionality • Loss of communications with the mobile data controller, other than such loss due to malfunction occurring outside of the NORTHROP GRUMMAN system • System response times doubling and continuing beyond fifteen (15) minutes, other than such doubling due to malfunction occurring outside of the NORTHROP GRUMMAN system. Priority Three: Medium Guaranteed response time of 1 business day Minor problems that do not prevent the users from performing their job, but there is no reasonable work -around. Priority Four: Low Guaranteed response time of 5 business days Informational, or suggestion for future functionality of the software. 4. RESPONSIBILITIES OF CUSTOMER The obligations of NORTHROP GRUMMAN under this Agreement are conditioned upon: a. Customer assigning a Coordinator to ensure that Customer's assignrnents in connection with this Agreement are met, to coordinate appropriate schedules in connection with NORTHROP GRUMMAN's services hereunder, _ and to serve to provide other coordination activities which are necessary for NORTHROP GRUMMAN to perform its services hereunder. As applicable and required, Coordinator shall also be responsible for distributing Software System corrections to the individual client workstations. Document Prepared 08/20/09 SMIC RMS 0909 Page 3 of 7 (Page 10 of 18) Northrop Grumman Information Technology„ Inc. Proprietary Contains Trade Secrets and information which is Commercial or Financial. and Privileged or Confidential NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. SOFTWARE MAINTENANCE SUB -AGREEMENT b. Customer will assign at least one (1) technically capable individual, as required by NORTHROP GRUMMAN to assist NORTHROP GRUMMAN in performing its services hereunder. c. Customer establishing an on -site dial -up tine or VPN access to enable NORTHROP GRUMMAN to remotely access the Software System. Customer, in accordance with a schedule mutually agreed upon by NORTHROP GRUMMAN and Customer, shall connect the dial -in modem, at customer's cost and expense, in order to enable NORTHROP GRUMMAN to remotely access the Software System. Where applicable, Customer shall also compile programs and nin appropriate tests following each remote access by NORTHROP GRUMMAN. d. Customer shall be responsible for controlling security and access to the computer systems. The Customer shall connect the dial -in modem or VPN access in a timely manner to allow NORTHROP_ GRUMMAN to perform maintenance activities, and the Customer shall provide the appropriate usernarncs and authorization codes to NORTHROP GRUMMAN whenever maintenance work is to be done. e. Customer shall not perform any modifications or enhancements to the Software System or allow any person or entity not specifically authorized by NORTHROP GRUMMAN to perform any modifications or enhancements to the Software System. f. As applicable and necessary, during the term of the Master Maintenance Agreement, and any subsequent extensions of the term, Customer shall provide NORTHROP GRUMMAN with a verified copy of the Software System back-up, including Source Code, on an annual basis, at no cost to NORTHROP GRUMMAN, for use in assisting the Customer during disaster recovery efforts if requested. It is the Customer's sole responsibility for insuring System Management Procedures are performed for continuous operation of the RMS systems. This includes, but is not limited to, performing system and file backups, routine configuration changes, installation of operating system and patches, system and database backups, system and database performance tuning, network problem diagnosis, and system monitoring and preventive maintenance. h. Customer shall coordinate hardware repairs with the appropriate third -party hardware maintenance provider. g• Document Prepared 08/20/09 SMK RMS 0909 Page 4 of 7 (Page 11 of 18) Northrop Girurnman Information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. SOFTWARE MAINTENANCE SUB -AGREEMENT 5. TERM The term during which NORTHROP GRUMMAN shall be obligated to perform under Section 2 shall commence December 2, 2009, and, unless terminated pursuant to the NORTHROP GRUMMAN MASTER MAINTENANCE AGREEMENT shall continue for a period of five (5) years. 6. LICENSE With respect to each correction to the Software System furnished to Customer under this Agreement, Customer is granted a non-exclusive, non -assignable, non -transferable license to use such correction solely as appropriate as part of the Software System as defined in the" License" Article of the Agreement for the System(s). Document Prepared 08/20/09 SMK. RMS 0909 Page 5 of 7 (Page 12 of 18) Northrop Grumman Information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. SOFTWARE MAINTENANCE SUB -AGREEMENT - EXHIBIT A - SOFTWARE SYSTEM The software system to be maintained under this Agreement including any unique technical conditions is as follows: 1. The Customer's Records Management System as defined in the Functional Specification Document as well as any enhancements submitted to and accepted by the Customer including any additional contractual work performed by Northrop Grumman. Document Prepared 08/20/09 SMK RMS 0909 Page 6 of 7 (Page 13 of 18) Northrop Grumman information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. SOFTWARE MAINTENANCE SUB -AGREEMENT - EXHIBIT B - SERVICES TO BE PROVIDED 1. Basic software service shall be provided five (5) days per week from 5:30 a.m. through 5:30 pm. Pacific Time excluding NORTHROP GRUMMAN holidays. Calls made outside the above Basic service times will be billable as follows: Year 1 - $1,140 per call for the fast four hours of consultation and $285/hour for an additional consultation Year 2 - $1,200 per call for the first four hours of consultation and $300/hour for an additional consultation Year 3 - $1,260 per call for the first four hours of consultation and $315/hour for an additional consultation Year 4 - $1,320 per call for the first four hours of consultation and $330/hour for an additional consultation Year 5 - $1,388per call for the first four hours of consultation and $347/hour for an additional consultation However, if Serious problems arise (see 3. Severity Level) and the Customer cannot correct them by following the system management procedures previously supplied by NORTHROP GRUMMAN, calls made outside of the Basic service times will not be billable. The determination of whether an after- hours call is billable will be made solely by NORTHROP GRUMMAN. 2. ON DEMAND MAINTENANCE SERVICES - ODMS ODMS is defined as forty (40) contiguous hours of remote NORTHROP GRUMMAN Programmer services for the "NORTHROP GRUMMAN installed system" (System). Services to be performed by the NORTHROP GRUMMAN Programmer are at the discretion of the Customer. It is advisable to transmit to NORTHROP GRUMMAN, prior to the NORTHROP GRUMMAN Programmer service, a list of work descriptions desired by the Customer. The ODMS to be performed by the NORTHROP GRUMMAN Programmer will be on a "best effort" basis. If the work is not complete or task finished by the NORTHROP GRUMMAN Programmer at the end of forty (40) hours, the Customer has the option to contract for additional ODMS or have NORTHROP GRUMMAN complete the work on a "time and materials" (T&M) basis. The additional ODMS or T&M work will have to be mutually agreed to and scheduled. ODMS work completed by NORTHROP GRUMMAN will then be transferred and maintained under the Master Maintenance Agreement. The annual ODMS rates for forty (40) hour blocks is as follows: Year 1 - $10,000 Year 2 - $10,500 Year 3 - $11,025 Year 4 - $11,500 Year 5 - $12,000 Customer has the option to have the NORTHROP GRUMMAN Programmer on site. Travel is not included in the rates as defined as above. Travel shall be billed at cost plus 10%. Document Prepared 08/20/09 SMK RMS 0909 Page 7 of 7 (Page 14 of 18) .A.4110111011t1110. CERTIFICATE OF LIABILITY INSURANCE DATE 71112009D/YY) PRODUCER Aon Risk Insurance Services West, Inc. Los Angoras C4 Office 707 Wilshire Blvd., Suite 2600 Los Angeles, CA 90017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE NAIL # INSURED Northrop Grumman Corporation Its divisions arid Subsidiaries 1840 Century Park East Los Angeles. CA 90067 IMSURERA National Union Frre Ins Co of Pittsburgh 19445 INSURER B: INSURER a Insurance Company of the Stele of PA 19429 INSURER U INSURER E: - THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE TO THE INSURED NAMED ABOVE FOR THE POLIC-T PERIOD INOtt::riiED. OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS. AND BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED. OMR LTR AMYL PIERO TYPE OF IN8IJIM►ICE POLILT lIDLBER POLICY EFFECTIVE DATE rI11mammrj POLICY EMMA:mom DATE ermaonry LYfr7 A ❑ GENERALUABILITY T COMMERCIAL GIDERAL LAMRIIY GL1872111 I/1f2009 1/1/2010 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED PREMISES (Ea omlrenoel = 2.000.000 ID CLAM MADE WI OCZLIRRENCE ❑ C • GERI AGUREOATE LIMIT APPLIES PER: n POLCY ❑ PROJECT ❑ LOC MED EXP (Any one person) $ 5,000 PERSONAL a ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 2,00G.000 PRODUCTS- COMPJOP AGO S 2,000, ODO A n AUTOMOBILE LIABILITY © ANY AUTO ALLUSIVE, Auras CA85013041 1/1/2009 1/1/2010 COMBINED SINGLE LIMB (Ea acddenn S 2,000,000 BODILY INJURY parson)• $ wpm904EOta.Fwpm(Oar • WED Amos BODILY INJURY (Paw accident) $ NMEAm • NOaiva PROPERTY DAMAGE (Per aodde1II) $ II ❑ GARAGE LIABILITY ■ ANVAUIO AUTO ONLY- EA ACCIDENT $ E4 OTHER THAN ACC $ ❑ AUTO ONLY: AGG $ Excels IL BRELLA LIABILITY ■ OCCUR . CLAWS AWN EACH OCCURRENCE $ • AGGREGATE $ $ III DEDUCTIBLE 0 carainefi$ $ C WORKERS' EMPLOYERS ANY PROPRIETOR! CPPICERAEIABER IP YM•e..oes COMPENSATION AND LIABILITY PARTNER /DECUINE EXCLUDED? FAECAL PROVISIONS Wax WC5455908 1l1/2609 1J112010 5 MRsYTAU12°"4" ;'TV.='t•�'`'' E.L EACH ACCIDENT $ 2,0D0,000 E.L►4 -EA EMPLOYEE $ 2.000.000 EL DISEASE _POLICY LIMIT $ 2,000,000 u„d., A OTHER Professional Liability GL1872112 1J1J2009 1/1/2010 Limit of Liabi1ly 52,000,000 DESCRIPTION OF OPERA:TIONSILOCATIOMSNEHICLESIE KCLUSIONS ADDED BY ENDORSEM[ENTI$PEGIAL PROVISIONS D9-10 2M Northrop Standard 24677g The City of National City, its elected officials, officers, agents and employees are Additional Insured under the General Liability and Automobile Liability policies as their interests may appear to the extant covered by the Insurance policy. Where required by written contract, waiver of subrogation In favor of the certificate holder applies to the workers' compensation policy. .i �.4. ..- .1 , _ ..... City Attorney's Office Attn: G1nrty Orcutt 1243 National City Blvd, National City, CA 81950.4301 ._.— ~fi Fit .:J •_ -�'J .If.f„ SHOULD ANY DE TI1E ABOVE DESCRIBED POLICES • THEREOF. THE ISSUING COMPANY WILL ENDEAVOR - CERTIFICATE HOLDER NAMED TO THE LEFT, OR LIABILITY OF ANY KIND UPON THE INSURER, _ 9E CANCELLED BEFORE TO MAIL 30 '. _ n''"-, ..,.-. THE EXPIRATION DATE NOTICE TO THE OBLIGATION DAYS WRITTEN SHALL IMPOSE NO BUT FAILURE TO DO 60 ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE +.a. r. .±i w (Page 15 of 18) RESOLUTION NO. 2009 — 286 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIVE-YEAR SOFTWARE MAINTENANCE AGREEMENT WITH NORTHROP GRUMMAN FOR A TOTAL NOT TO EXCEED AMOUNT OF $210,538 TO SUPPORT THE LAW ENFORCEMENT RECORDS MAINTENANCE SYSTEM WHEREAS, the Automated Field Reporting ("AFR") System provides the Police Department with real-time electronic records related to crime and arrest reports. The AFR data is processed and uploaded to the San Diego Area Regional Justice Information System ("ARJIS"}; and WHEREAS, due to the proprietary nature of the AFR System, Northrop Grumman Technology, Inc., is the only entity qualified to provide on -going software maintenance and support, and Northrop Grumman Technology, Inc., is willing to provide such service for the total not -to -exceed amount of $210,538, payable in yearly amounts commensurate with that year's work as specified in the Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute a Five Year Software Maintenance Agreement with Northrop Grumman Technology, Inc., in the not -to -exceed amount of $210,538 to provide software maintenance and support for the Police Department's Automated Field Reporting System. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of December, 2009. Ron Morrison, Mayor ATTEST: A Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, Ili City Attorney (Page 15 of 18) Passed and adopted by the Council of the City of National City, California, on December 1, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California BY City erk of the City of atio nai City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-286 of the City of Nafional City, California, passed and adopted by the Council of said City on December 1, 2009. City Clerk of the City of National City, California Deputy (Page 17 of 18) c.aOOq-toG City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 01, 2009 10 AGENDA ITEM NO. ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to execute a five-year software maintenance agreement with Northrop Grumman Information Technology Inc. for total not -to -exceed amount of $210,538.00 to support the Law Enforcement Records Management System(RMS) PREPARED BY DEPARTMENT Ron Williams ! MIS (Ext. 4373) EXPI.ANATION The Records Management System(RMS) provides National City Police Department with real-time electronic records related to property and evidence, crime, and arrest reports. The RMS system affords investigators real-time paperless access to property and evidence, crime and arrest reports during investigations. Due to the proprietary nature of the RMS system, Northrop Grumman Technology Inc. is the sole entity qualified to provide on -going software maintenance and support. It is requested that Council waive the formal bidding requirements as allowed in Section 12 of Purchasing Ordinance #1480, and in Chapter 2.60.220(d) of the Municipal Code, and award the contract to Northrop Grumman Technology inc., far the following reasons: 1. Northrop Grumman sole entity qualified to support the proprietary RMS software application 2. The price has been determined to be competitive within the industry. 3. No further purpose would be served by issuing a formal bid at this point in the process. Environmental Review L NIA Financial Statement Funded via IT internal services charges account 629-403-082-281-0000. Approved By: nance Director Account No. STAFF RECOMMENDATION Adopt the Resolution BOARD t COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. ' o ° a % G Attachment 1: Agreement (Page 18 of 18) ;Ncon,i4ARATioR December 3, 2009 OFFICE OF THE CITY CLERK 1243 National City Blvd_ National City, California 91950 Michael R. Della, CMG - City Clerk 619-336 4228 phone • 619-336-4229 fax Ms. Sue Jun Northrop Grumman Information Technology, Inc. 15010 Conference 'Center Drive Chantilly, VA 20151-3801 Dear Ms. Jun, On December 1$t, 2009, Resolution No. 2009-286 was passed and adopted by the City Council of the City of National City, authorizing execution of an Agreement with Northrop Grumman Information Technology, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed copy of the Agreement. Michael R. Dalia, CMC City Clerk Enclosures cc: MIS Dept. RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE SOFTWARE MAINTENANCE AGREEMENT WITH NORTHROP GRUMMAN SYSTEMS CORPORATION IN THE NOT -TO -EXCEED AMOUNT OF $153,285 TO SUPPORT THE LAW ENFORCEMENT RECORDS MANAGEMENT SYSTEM WHEREAS, on December 1, 2009, pursuant to Resolution No. 2009-286, the City Council authorized the Mayor to execute a software maintenance agreement with Northrop Grumman Information Technology, Inc. (the "Agreement"), to support the law enforcement Records Management System; and WHEREAS, the term of the Agreement was from December 2, 2009 through December 1, 2014; and WHEREAS, the parties wish to extend the term of the Agreement for an additional three years through December 1, 2017, and to amend the Price and Payment Schedule to the not -to -exceed amount of $153,285; and WHEREAS, Northrop Grumman Information Technology, Inc., has merged with and into its parent company Northrop Grumman Systems Corporation, a Delaware corporation. NOW, THEREFORE, BE IT RESOLVED that the City Council reinstates the Agreement, and authorizes the Mayor to execute the First Amendment to the Agreement with Northrop Grumman Systems Corporation in the not -to -exceed amount of $153,285 to support the law enforcement Records Management System. A copy of the Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of December, 2014 Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 12/2/2014 — Page 91 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City to approve an update to City Council Policy Manual, Policy #401 "Environmental Guidelines." (City Manager/City Attorney) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 2, 2014 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, to approve an update to City Council Policy Manual, Policy #401 "Environmental Guidelines". A PREPARED BY: Leslie Deese, City Manager x4240 DEPARTMENT: Claudia Silva, City Attorney x4220 APPROVED BY: EXPLANATION: In accordance with Council Policy #101, the City Council Policy Manual should be reviewed on an annual basis, and updated as necessary. In an effort to bring the policies up to date, the entire manual is being reviewed, one chapter at a time, with proposed changes presented for Council review and approval. Over the course of the last year, the City Council has reviewed and approved a majority of the policies. Policies that required a more detailed analysis by staff are being brought forward as separately for Council's review and approval. This resolution is to approve the revision of Policy #401 "Environmental Guidelines". Appropriate Department Directors and staff members participated in the proposed revisions. FINANCIAL STATEMENT: ACCOUNT NO. n/a ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Review and approve policy revisions as submitted BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: Original policy (watermarked "Original") Proposed Revisions (no watermark, but changes are highlighted) Proposed Final Draft (watermarked "Draft") Resolution CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Environmental Guidelines POLICY #401 ADOPTED: November 25, 1980 AMENDED: November 12,1991 Purpose To establish local guidelines for implementation of the California Environmental Quality Act. Policy The City Council adopted Resolution No. 13,474 which established City procedures for environmental review on November 25, 1980. The procedures were updated and replaced with Council adoption of Resolution No. 15,625 on May 24, 1988. The environmental guidelines establish requirements and procedures for environmental review, including adoption of negative declarations and preparation of environmental impact reports. A copy of the guidelines is maintained in the Planning Department. Related Policy References Council Resolution Nos. 13,474 and 15,625 Page 1 of 1 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Environmental Guidelines POLICY #401 ADOPTED: November 25,1980 AMENDED: Purpose To establish local guidelines for implementation of the California Environmental Quality Act (CEOA' Policy The City Council adopted Resolution No.13,474 which established City procedures for environmental review on November 25, 1980. The procedures were updated and replaced with Council adoption of Resolution No. 15,625 on May 24, 1988. The City Council also adopted Resolution No. 2005-243 in November 2005 regarding the 2005 local guidelines. The environmental guidelines establish requirements and procedures for environmental review, including adoption of negative declarations and preparation of environmental impact reports. A copy of the guidelines is maintained in the Planning Department. Related Policy References Council Resolution Noy 13,474 Council Resolution No. [ 5,625 Council Resolution No. 2005-243 yrior Policy Amendments November 12, 1991 Page 1 of 1 {I Deleted: November 12, 1991 I] { Deleted: Deleted: s Deleted: Deleted: and { Formatted: Font: Bold, Underline Formatted: Font: Not Bold CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Environmental Guidelines POLICY #401 ADOPTED: November 25, 1980 AMENDED: Purpose To establish local guidelines for implementation of the Cal' Act (CEQA). Policy a Environmental Quality The City Council adopted Resolution No.13,474 which established City procedures for environmental review on November 25, 1980. The procedures were updated and replaced with Council adoption of Resolution No. 1.5,625 on May 24, 1988. The City Council also adopted Resolution No. 2005-243 in No` ember 2005 regarding the 2005 local guidelines. The environmental guidelines establish requirements and procedures for environmental review, including adoption of negative declarations and preparation of environmental impact reports. A copy of the guidelines is maintained in the Planning Department. Related Policy References Council Resolution No. 13,474 Council Resolution No. 15,625 Council Resolution No. 2005-243 Prior Policy Amendments November 12, 1991 Page 1 of 1 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE AMENDMENT OF CITY COUNCIL POLICY NO. 401 REGARDING "ENVIRONMENTAL GUIDELINES" BE IT RESOLVED by the City Council of the City of National City that City Council Policy No. 401, entitled "Environmental Guidelines" is amended as recommended by the City Manager. PASSED and ADOPTED this 2nd day of December, 2014 Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 12/2/2014 — Page 97 The following page(s) contain the backup material for Agenda Item: Investment Report for the quarter ended September 30, 2014. (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 2, 2014 AGENDA ITEM NO. ITEM TITLE: Investment Report for the quarter ended September 30, 2014. PREPARED BY: Ronald Gutlay PHONE: '619-336-4346 EXPLANATION: See attached staff report. DEPARTMENT:Finer /Th APPROVED BYY: �.Gc% FINANCIAL STATEMENT: APPROVED: `�i/(a Finance ACCOUNT NO. APPROVED: MIS See attached staff report. ENVIRONMENTAL REVIEW: ;This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: 1 FINAL ADOPTION: STAFF RECOMMENDATION: Accept and File the Investment Report for the Quarter ended September 30, 2014. BOARD / COMMISSION RECOMMENDATION: :N/A ATTACHMENTS: 1, Staff Report 2. Investment Listings 4.* CALIFORNIA .• %atom". CZ ' City Council Staff Report December 2, 2014 ITEM Staff Report: Investment Report for the quarter ended September 30, 2014. BACKGROUND The California Government Code (§ 53646(b)) requires that, when the treasurer or the chief fiscal officer of a local agency renders to the legislative body of the agency a quarterly report on the agency's investment portfolio, such report shall include the following information regarding all securities, investments, and moneys held by the local agency: ➢ type of investment; ➢ issuer (bank or institution); ➢ date of maturity; ➢ dollar amount invested; and ➢ current market valuation as of the date of the report. In addition, the Government Code (§ 53646(b)(2)) requires that the report state the City's compliance with its investment policy and include a statement regarding the ability of the local agency to meet its pool's ability to meet its expenditure requirements Code (§ 53646(b)(3)). OVERVIEW OF CITY INVESTMENTS The City's pooled investment portfolio balance as of September 30, 2014 is summarized below and compared to the balance as of September 30, 2013. 9/30/2014 9/30/2013 Book Value 1 $ 59,957,239 $ 57,226,835 Market Value 2 $ 59,814,060 $ 56,985,205 (1) actual cost of investments (2) amount at which the investments could be sold The California Treasurer's Local Agency Investment Fund ("LAIF") and The County of San Diego Pooled Money Fund comprise 61.95% of the City of National City's total investment portfolio (53.52% and 8.43%, respectively). These are liquid investment pools that allow participants to earn market rate returns, while retaining access to funds within 24 to 48 hours of a withdrawal request with no penalty. The remainder of the City's portfolio is composed of investments that may be liquidated at any time. However, these investments likely do not provide Page 2 Staff Report: Investment Report for the quarter ended September 30, 2014. December 2, 2014 the short liquidity (i.e., quick access to funds) of the pooled money funds, and liquidation/withdrawal of these investments is at the risk of loss and/or penalty to the City. Summaries of the City's investment portfolio are illustrated below. INVESTMENT PORTFOLIO SUMMARY BY ISSUER/MANAGER As of September 30, 2014 Issuer/Manage r Local Agency Irnestment Fund Chandler Asset Management County of San Diego Neighborhood National Bank First Tennessee National Bank Total Market %of Book Value Market Value YTM Portfolio 31,986,433 $ 32,013,635 2 0.24% 53.52% 20,470,807 $ 20,251,059 0.56% 33.86% 5,000,000 $ 5,040,502 0.47% 8.43% 2,000,000 $ 2,000,000 0.60% 3.34% 500,000 $ 508,863 2.00% 0.85% Totals for September 2014 1 includes accrued interest 2 calculated on 30/360 basis County of San Diego $5,040, 502 Chandler Asset. Management $20,251,059 59,957,239 59,814,059 0.00 100.00% TOTAL MARKET VALUE $59,814,059 Neighborhood National Bank $2 ,000, 000 First Tennessee National Bank $508,863 Local Agency Investment Fund $32,013,635 Page 3 Staff Report: Investment Report for the quarter ended September 30, 2014. December 2, 2014 INVESTMENT PERFORMANCE BY ISSUER/MANAGER For the Quarter Ended September 30, 2014 Total Market Value.' Issuer/Manager 6130/14 9130/14 Change Yield (Net) 3 Local Agency Investment Fund $ 37,497,626 $ 32,013,635 $ (5,483,991) 2 0.29% Chandler Asset Management $ 20,246,936 $ 20,251,059 4,123 0.08% County of San Diego 5,035,547 5,040,502 4,956 0.39% Neighborhood National Bank (CDARS CD) 2,000,000 2,000,000 - s 0.65% First Tennessee National Bank 513,201 508,863 (4,338) 0.13% Totals for September 2014 ' includes accrued Interest ' 9/11/2014 $3,000,000 & 7/29/2014 $2,500,000 withdrawal 3 Annualized ° Interest earned paid & transferred into City's account at the dose of the quarter $ 65,293,310 59,814,060 $ (5,479,251) COMPLIANCE STATEMENT All of the City's investments are in compliance with the City's investment policy (City Council Policy No. 203) and the California Government Code (§ 53601 et seq). FINANCIAL STATEMENT Realized and unrealized gains/(losses), reflected below, for the period were $88,560. These changes include changes in security market values, gain/(loss) from the sale of assets, accrued interest, and reinvested interest/earnings. Issuer/Manager _ Gain/(Loss) Chandler Asset Management 4,123 County of San Diego 4,956 First. Tennessee Bank 1 1,178 LAIF 21,404 Neighborhood National Bank I 3,027 Totals for September 2014 $ 34,687 1 interest paid to the City is not reinvested Staff certifies that there are sufficient funds to meet the pool's expenditure requirements. RECOMMENDATIONS Accept and file the Investment Report for the quarter ended September 30, 2014. ` I City of National City .� Account #10162 Portfolio Summary As of 9/3012014 w r PORTFOLIO CHARM, I L=RE$TICS .ACCOUNT SUMrM*AP`f TOE' ISSUERS Average Duration Average Coupon Average Purchase YTM Average Markel YTM Average S&P/Moody Rating Average Final Maturity Average Life 1.61 1.39 % 0.68 % 0.56% AA+/Aaa 1.66 yrs 1.66 yrs SECTOR ALLOCATION Morey Market /``---Fund FI 1111010. (0.2 !6) AllengYr (72 0 %j US Corporate %) us Treasury (2.3 %) Market Value Accrued !Merest Total Market Value Income Earned Cant/IND Par Book Value Coat Value Bag. Values End Values as of 6J31/14 as of 9f30/14 20,186,073 20,191,194 69,546 59,865 20,256,519 20,251,059 23,754 23,027 -1,012 19,993,232 20,034,291 20,439,110 20,470,807 20,439,110 20,470,807 MATURITY DISTRIBUTION 35% 30% 25% 20% 15% 10% 5% 22.7 % 24.4 a•.25 25.,4 43.1 1•7 2.0 4 4•e .4 Maturity (Yrs) Issuer Government of United States Federal National Mortgage Assoc Federal Home Loan Bank Federal Horne Loan Mortgage Corp Federal Farm Credit Sank Berkshire Hathaway Apple Inc ChevronTexaco Corp % Portfolio 22.3% 222% 19.1 % 17.8 % 12.9 % 1.4 % 1.4 % 1.3 % 98.5 % CREDIT (IUALIT ' tS8P,t AA (98.5 %) r ERFoRMMlArJc REV11=1.0,M Total Rate of Return As of 9/30/2014 Current Month Latest 3 Months Year To Date 1 !'r Annualized 3 Yrs fence 5 Yrs 10 Yrs 21292012 2129 12 City of National City -0.02 % 0.04 % 0.49 % 0.81 % N/A N/A N/A 0.53% 1.39 % 1-3 Yr TreasuryAgency -0.05 % 0.04 % 0.45 % 0.52 % N/A WA N/A 0.50 % 1.30% Chandler Asset Management- CONFIDENTIAL Pape 1 Execution Thew 10/21201412.12:30 PM i City of National City Se ember 30, 2014 COMPLIANCE 1; JITH INVESTMENT POLICY Assets manages by Chandler Asset Management are In MI compliance wltatr State law ana with the Crty's investment policy. Category Standard Comment Local Agency Bonds No Limitation; BBB rated equivalent by a NRSRO Complies Treasury Issues No Limitation Complies Agency Issues No Limitation Complies Banker's Acceptances 40% maximum; <180 days maturity; A-1 rated equivalent by at least two NRSROs Complies Commercial Paper * 25% maximum; <270 days maturity; A-1 rated equivalent by at least two NRSROs Complies• Negotiable Certificates of Deposit * 30% maximum; A rated equivalent by at least two NRSROs Complies Medium Term Notes * 30% maximum; A rated equivalent by at least two NRSROs Complies _ " 10% combined total exposure to Commercial Paper, Negotiable Certificates of Deposit, and Medium Term Notes e Money Market Mutual Funds 20% maximum; rated AAA equivalent by at least two NRSROs Complies Mortgage Pass-throughs, CMOs and Asset Backed Securities 20% maximum; AA -rated issue; A -rated issuer Complies Local Agency Investment Fund - L.A.I.F. Currently not used by investment adviser Complies Prohibited Securities Inverse floaters; Ranges notes, Interest- only strips from mortgaged backed securities; Zero interest accrual securities Complies Issuer Maximum 5% per issuer for all non-govemment issuers Complies Maximum maturity i 5 years Complies City of National City Account#10162 Reconciliation Summary As of 913012014 80014 VALUE RECONCILIATION Beginning Book Value $20,439,110.17 Acquisition + Security Purchases $510,837.68 r i + Money Market Fund Purchases $34,381.551 + Money Market Contributions $0.001 + Security Contributions $0.00 + Security Transfers $0.00 Total Acquisitions $545,019.23 Dispositions - Security Sales $0.00 - Money Market Fund Sales $512,310.63 - MMF Withdrawals $1,012.00. - Security Withdrawals $0.00 k - Security Transfers $0.00 - Other Dispositions $0.00 - Maturites $0.00 - Calls $0.00 — Principal Paydowns $0.00 Total Dispositions 1 $513,322.63 Amortizatioi Accratlon +1- Net Accretion $0.00 $0.00 GainlLoss on Dispositions +1- Realized GeiniLoss $0.00 $0.00' Ending Book Value $20,470,806.71 CASH TRANSACTION SUMMARY BEBGINNINU l3ALANCS $523,231.78 Acquisition Contributions Security Sale Proceeds Accrued interest Received Interest Received Dividend Received Principal on Maturities Interest on Maturities Calls/Redemption (Principal) interest from CallslRedemptlon Principal Paydown Latal Aeuiiitions iiDisposition Withdrawals Security Purchase Accrued Interest Paid Total Disposition 'Ending Book Value $0.00 $0.00 $0.00 $34,381.25 $0.30 $0.00 $0.00 $0.00 $0.00 $0.00 $34,381.55 $1,012.00 $510,837.68 $1,672.95 $513,322.133 $44.290.70 Chandler Mart Man,gsment- CONFIDENTIAL Pegs 3 Eioac Alan Time: 1= 1412:1Z30 PM City of National City Account #10162 Holdings Report As of 9/30114 St+stirtllw Devi rlpi on Pnr 3tue/t.1In115_ Etuatw''f?Qtd aaOlh V211.ra 1.fkg 111,1_q. /ritit VT'. Vero rkd A:ecru iidnt. r r'.11.7t r 'AM h! S&P 16.15 iTti:fr Gu i[eh tFr Ot0 , AGENCY 31398AZV7 FNMA Note 2.625% Due 11/20/2014 470,000.00 02/21/2012 0.54% 490,614.22 496,614.22 100.34 471,619.62 0.14 % 4,489.48 (24,994.60) AAA 2.35 % Aaa 1AA+ 0.14 0,14 313381H24 FHLB Note 0.25% Due 1/16/2015 625,000.00 06/21/2013 624,343.75 0.32 % 624,343.75 100.04 625,251.25 3.09 % Aaa / AA+ 0.30 0.11 % 325.52 997.50 AAA 0.29 3137EACHO FHLMC Note 2.875% Due 2/9/2015 560,000.00 02/24/2012 598,380.16 0.53 % 598,380.16 100,98 565,465.60 2.80 % Aaa 1 AA+ 0.36 0.15 % 2,325.56 (32,914,58) AAA 0.36 31331K1E8 FFCB Note 1.6% Due 5118/2015 540,000.00 05/16/2013 554,277.60 0.28 % 554,277.60 100.92 544.973.94 2.71 % Mai AA+ 0.63 0.14 % 3,192.00 (9,303.66) AAA 0.63 3133XWNB1 FHLB Note 2.875% Due 6/12/20`.5 525,000.00 10/15/2013 547,081.50 0.32 % 547,081.50 101.90 534,993.90 2.66 % Aaa 1 AA+ 0.70 0.15 % 4,570.05 (12,087.60) AAA 0.69 31398AU34 FNMA Note 2.375% Due 7/28/2015 470,000.00 02/24/2012 497,406.17 0.85 % 497,406.17 101.78 478,344.85 2.37 % Aaa / AA+ 0.23 % 1,953.44 (19,061.32) AAA 0.82 0.82 3133EADW5 FFCB Note 0.55% Due 8/17/2015 425,000.00 04/19/2012 424,280.50 100.31 426,337.05 2.11 % Aaa / AA+ 0.88 0.60 % 424,260.50 0.19 % 285.69 2,076.55 AAA 0.88 3137EACM9 FHLMC Nolo 1.75% Due 9/1012015 535,000.00 02/24/2012 555,169.50 0.67 % 555,169.50 101.46 542,800.30 2.88 % Aaa 1 AA+ 0.95 0.20 % 546.15 (12,360.20) AAA 0.94 313370JB5 FHLB Note 565,000.00 01/11/2013 585,407.80 101.47 573,288.56 2.83 % Aaa /AA+ 0.95 1.75% Due 9/11/2015 0.38 % 585,407.80 0.20 % 549.31 (12,119.25) AAA 0.94 31398A4M1 FNMA Note 525,000.00 05106/2013 541,779.00 101.51 532,901.25 2.65 % Aaa / AA+ 1.07 1.625% Due 10/28/2015 0.32 % 541,779.00 022 % 3,673.18 (8,877.75) AAA 1.06 31331J2S1 FFCB Note 375,000.00 02/27/2012 3136,490.75 101.37 380,150.25 1.89 % Aaa / AA+ 1.13 1.5% Due 11/18/2015 0.66 % 388,490.75 0.28 % 2,109.38 (8,340.50) AAA 1.12 313371NW2 FHLB Note 1.375% Due 12/11/2015 3135G08130 FNMA Note 0.375% Due 12/21/2015 600,000.00 11/16/2012 617,928.00 101.28 807,662.60 3.01 % Aaa / AA+ 1.20 0.39 % 617,928.00 0.31 % 2,520.83 (10,265.40) AAA 1.19 490,000.00 11/26/2012 488,858.30 100.16 490,769.30 2.43 % Asa 1 AA+ 1.22 0.45 % 488,858.30 0.25 % 510.42 1,911.00 AAA 1.22 3133ECFV1 FF 13 Note 0.43% Due 1/29/2016 515,000.00 02/25/2013 514,902.15 0.44 % 514,902.15 99.80 513,979.27 2.54 % Aaa / AA+ 1.33 0.58 % 381.39 (922.88) AAA 1.32 3133EAJU3 FFCB Note 1.05% Due 3/25/2016 340,000.00 03/11/2013 346,079.20 0.46 % 346,079.20 100.88 342,915.84 1.69 % Asa / AA+ 1.49 0.47% 29.75 (3,163.36) AAA 1A8 3135G0BA0 FNMA Note 2.375% Due 4/11/2016 375,000.00 02/24/2012 397,993.13 102.94 386,026-88 1.93 % Aaa / AA+ 1.53 0.86 % 397,993.13 0.45 % 4,205.73 (11,966.25) AM 1.49 3137EACT4 FHLMC Note 2.5% Due 5/27/2016 375,000.00 03/20/2012 395,804.83 1.14 % 395,804.63 103.34 387,508.13 1.93 % Aaa /AA+ 1.66 0.48 % 3,229.17 (8,296.50) AM 1.62 3137EACW7 FHLMC Note 575,000.00 01/09/2013 604,762.00 102.E 590,247.28 2.92 % Aaa / AA+ 1.90 2% Due 8/25/2016 0.56 % 604,782.00 0.80 % 1,150.00 (14,514.72) AAA 1.87 31331V3Z7 FFCB Note 385,000.00 08/2212012 430,13425 108.87 397,355.72 `,.97 % Asa / AA+ 1.96 5.2% Due 9/15/2016 0.88 % 430,134.25 0.83 % 843.56 (32,748.63) AAA 1.88 3137EADS5 FHLMC Note 0.875% Due 10/14/2016 480,000.00 11/14/2013 483,316.80 0.84 % 483,316.80 100.42 482,018.88 2.39 % Aaa / AA+ 2.04 0.67 % 1,948.33 (1,29792) AAA 2.01 Chandler Asset Massiystnent -CONFIDENTIAL Page 4 Boteution Tins. 10/2/2014 12:12:30 PM Account #10162 City of National City Holdings Report As of 91►30114 C l/ 5IT sot:wir4y: _esc rrP1',011 41'v"7:9L9" Up k' Par. 11lup,x,4r9sty i#v»R 1rioId. 9r=r't VoIu i 1k; P4.; s•,ne ti. Axcis__-9 3e,[ nv of Pon' MOUtiy+S8 fi. iL i ity G.Ii!1iL.c�-q f!r,{11 Dur,tl4+�hr AGENCY 313371PV2 FHL9 Note 1.625% Due 12/9/2016 480,000.00 02/29/2012 0.97 % 494,668.80 494,668.80 101.93 489,268.32 2.43% Aaa /AA+ 0.74 % 2,426.67 (5,400.48} AAA 2.19 2.14 3135G0t3Y3 FNMA Nate 1.25% Due 1/30/2017 400,000.00 09/17/2012 409,328.00 0.71 % 409,328.00 100.92 403,898.80 2,00 % Aaa / AA+ 2.34 0.85 % 847.22 (5,62920) MA 229 3135G0UY7 FNMA Callable Note 1X 2/27/15 1% Due 227/2017 3137EADCO FHLMC Note 1% Due 3/8/2017 313379DD8 FHLB Note 1% Due 6P21/2017 600,000.00 04/282013 605,786.00 99.90 599,378.00 2.98 % Aaa ! AA+ 2.41 0.74 % 605,766.00 1.04 % 566.67 (6,390.00) AAA 1.44 535,000.00 08C10/2012 538,386.55 100.28 536,512 88 2.65 % lea ! AA+ 2.44 0.8E % 538,388,55 0.88 % 341.81 (1,873.57) AAA 2.40 565,000.00 03/14/2014 566,553.75 100.00 0.91 % 566,553.75 1.00 % 565,003.95 1,569.44 2.80% Aaa /AA+ (1,549.80) AAA 2.73 2.67 3135G0MZ3 FNMA Note 0.875% Due 8/28/2017 545,000.00 08/15/2013 535,429.80 1.32 % 535,429.80 99.33 1.11 % 3137EADN6 FI' LMC Note 0.75% Due 1/12/2018 490,000.00 07/28►2014 480,954.59 1.30 % 4110,954.59 98.05 1.38 % 541,335A2 437.14 480,438,61 806.48 2.68 % Aaa / AA+ 5,905.82 MA 2.36 % Aea f AA+ (514.98) AAA 2.91 2.88 3.29 3.22 3135G0TG8 FNMA Note 0.875% Due 2/8/2018 590,000.00 12/11/2013 1.31% 579,757.60 579,757.60 98.40 1.36 % 580,588.55 760.03 2.87% Aaa IAA+ 828.95 AAA 3.36 3.29 313378A43 FHLB Note 1.375% Due 3/9/2018 470,000.00 09/17/2013 1.05 % 464,472.80 99.9E 464,472.80 1.39 9 489,749.96 394-93 2.32° Aaa/AA+ 5,277.1E AM 3,44 3.35 Total 14,405,000.00 14,768,307.30 14,540,612.05 72.03 % Aaa / AA+ 1.63 0.71 % 14,768,307.30 0.56 % 46,989.31 (225,895.25) Aaa 1.58 MONEY MARKET FUND FI 50934N807 Federated Govt Obllg Fund lust 44,290.70 Various 44,290.70 0.01 % 44,290.70 44,290.74 44,290.70 0.01 % 44,290.70 Total Money Market Fund FI 1.00 0,01 % 44,290.70 0,00 0.22% Aaa/AAA 0.00 AAA 0.00 0.00 44,290.70 0.01 % 0.00 0.22 % Aaa / AAA 0.00 Aaa 0.00 0.00 US CORPORATE 037833AH3 Apple Inc Note 0.45% Due 5/3/2016 290,000.00 06/17/2014 289,428.70 99.79 289,393.90 0.58 % 289,428.70 0.58 % 538.50 1.43 % As11AA+ (3430) NR 1 59 1,58 084870909 Berkshire Hathaway Note 1,9% Due 1i31/2017 285,000.00 08/17/2014 291,429.60 1.02 % 291,429.60 91159HHD5 US Banoarp Callable Note Cord 4/15/2017 1.65% Due 6/15/2017 250,000.00 05/19/2014 2.54,227.50 1.07 % 254,227.50 101.91 290,458.90 1.44 % Aa2 1 AA 2.34 1.07 % 917.54 (972.70) A+ 228 100.91 252,274.50 1.25 % Al / A+ 2.62 128 % 1,558.33 (1,953.00) AA- 2,47 168764AA8 Chevron Corp. Callable Note Cant 11/5/17 1.104% Due 12/5/2017 260,000,00 05/1912014 1.14 % 259,703.80 259,703.60 99.04 1.41 % 257,508.68 1.28 % Aa1 1 AA 924.91 (2,194.92) NR 3.18 3.10 Total US Corporate 1,0815,000.00 1,094,789.40 0.94 % 1,994,789.40 5.40% As2/AA 1.07 % 3,937.28 (5,155.42) A+ 1,08+9,833.99 Chandler Asset Management - CONFIDENTIAL Page 5 2.41 2.33 E micu5on Time: 1W2/Z 14 12:1k90 PM City of National City Account #10182 Holdings Report As of 9130/14 ukc P 4_ci ffl EltolCr,p. lbh P,.I I { li; 1 * 13=1r V9lilftUi'•11% gr,501, Ylolrr El k'Vzhrc Wit P'rwr. Mh1 YFh1 hA, AMcI Vaiado Foil Mo-o-t1V'559 N w:ijrItyt. G1FF4!L]'s5 F.1 1i 114,!y-I��Itt US TREASURY 912828MZ.0 US Treasury Note 2.5% Due 4/30/2015 420,000.00 02/24/2012 0.49% 448,812.34 446,612.34 101.42 425,955.60 2.13 % Aaa 1 AA+ 0.07 % 4,394.02 (20,656.74) MA 0.58 0.58 912828TD2 US Treasury Note 0.25% Due 7/15/2015 535,000.00 10/15/2013 534,416.64 100.13 535,710.48 2.65 % Aaa / AA+ 0.31 % 534,416.64 0.08 % 283.49 1,293.84 MA 0.79 0.79 91282BTK6 US Treasury Note 0.25% Due 8/1512015 520,000.00 04/29/2013 520,022.05 0.25 % 520,022.05 100.13 520,650.00 2.57 % Aaa / AA+ 0.87 011 % 166.03 627.95 AM 0.87 912828PE4 US Treasury Note 1.25% Due 10/31/2015 435,000.00 02/24/2012 445,434.66 0.59 % 445,434.66 101.16 440,063.84 2.18 % Aaa / AA+ 1.08 0.17 % 2,276.48 (5,370.82) AM 1.07 912828UMO US Treasury Note 0.375% Due 2/15/2016 500,000.00 11/14/2013 500,216.52 0.36 % 500,216.52 100.13 500,625.00 2A7 % Aaa I AA+ 1.38 0.28 % 239.47 408.48 AM 1.37 912828QA1 US Treasury Note 2.25% Due 3/31/2016 500,000.00 12/14/2012 530,431.36 102.82 514,082.00 2.54 % Aaa / AA+ 1.50 0.38 % 530,431.38 0.37 % 30.91 (16,349.36) AAA 1.48 912821111PS US Treasury Note 1%Due813112016 570,000.00 10112/2012 581,357.38 0.48 % 581,357.38 100.81 574,63125 2.84 %Aae i AA+ 1.92 0.57 % 488.12 (6,726.13) AAA 1.90 9129288Y7 US Treasury Note 0.625% Due 5/31/2017 500,000.00 03/14/2014 496,290.74 0.86 % 496,290.74 99.13 495,664.00 2A5 % Aaa / AA+ 2.67 0.96 % 1,050.20 (626.74) AAA 2.63 912828UU2 US Treasury Note 0.75% Due 3/31/2018 520,000.00 09/03/2014 1.27 % 510,637.68 510,837.68 97.94 509,275.00 2.51 % Aaa 1 AA+ 3.50 1.36 % 10.71 (1,362.68) AAA 3.44 Total U8 Treasu 4,500,000.00 4,565,419.37 4,516,557.17 22.35 7. Aaa / AA+ 1.61 0.55 % 4,555,419.37 0.45 % 8,938,43 (48,76220) Ma 1.59 TOTAL PORTFOUO TOTAL MARKET VALUE PLUS ACCRUED 20,034,290.70 20,470,806.77 0.08 % 20,470,806.77 20,191,193.90 100.00 % A. I AA+ 1.56 0.56 7. 58,865.02 (279,812.87) Asa 1.01 20,251,058.92 Chandler Asset Management - CONFIDENTIAL Page 8 Execution Time: UY2/2014 12:12:30 PM City of National CNy Account 00162 Holdings Report As of 9+30114 bt12 s-ur iti: oE=sly€'911 IPsa1 14 urr1Ii; t yld . 4'Y.Uf Mil AA 11120,d..040 '. tfilpnay�. 3.p #,55,144r A.;Midi 110 Pr r 1L+a . Fe1=1, AO*. U8Tleweul T 01282/1120 US Treasury Non 2.0% Duo 4/80120/8 812828TD2 U8 Treeaury Nam a.25% Due 7M912.f 16 9128201%6 USTfeaeuryNam 0.20% Din 1015r2016 912628PE4 US Tfeoauy Nate 1.26% Due 10/81i2O16 e126261.680 US Treasury We 0.375% Due 211512010 0128284A1 US Treasurynen 2.25% Due 3131101E 512826RF9 US Treasury Nan 1%Des 53112010 012816617 US Tteevey Note 0.025% Due 5331(2017 912826UU2 US Tommy Note 0.75%Due 313112018 420,000.00 02/24I2012 0.48 % 448,312.34 440,012.34 101.42 0.07% 421991.90 4r90w.02 2.13% Aaa1M+ (20,656.74) AM 0.58 0:58 631,000.00 40/15f1013 534,41004 100.13 635,710.48 2.05 Si Ave 1M+ 0.79 0.31 % 534.410214 OAS % 243.40 1,203.84 MA 0.741 520,000.00 04120019 5233,022,06 100.13 520.650.00 2.5711 Au/AA+ 0A7 0.26 % SIA022.05 o.11 % 155.03 1171,96 AAA 0A7 435,000.00 02trAR012 445,434.90 101.16 440089.14 2_12 to Aia 1 AA+ 1.09 0.50 % 445,434.65 0.171i 2,275.48 (6.270.82) AAA 1.07 6o0000.00 11/14/2013 600,210.52 100.13 500,625.00 2.4711 Asa/AA+ 1.36 0.3511 600,210.62 0.2011 230.47 40.48 MA 1.37 500.000.00 12(1% 1,3366 102.0.37 % 514,082.00 3041 (16,349.88) A+ MA 1.4E 570,00000 1012/ 012 581,357.38 10051 874,31.25 284 1. Asa AA. 1. 2 0.451. 661,357.30 0.5714 498.12 01.720.13) AAA 500,000.00 03114f4114 400200.74 99.13 468864A0 2,46 % Asa IAA+ 2.67 0A6 % 486,200.74 0.96 % 1,060.20 026.74) MA 2.83 540,000.00 05032014 510A37A9 97.94 500,276.00 2.51 % Mai AA+ 3.50 12716 510.537.68 1.36% 10.71 (1, AAA 3A4 4.616,410.27 .17 1.01 Mtn US Mummy 4,101+000'A0 0.65% 4,995.419a7 9.48% 4.916 � Imam) Asa + 110 - 21479,91677 29,191,193.90 19090 % Ran 1 M+ 110 *134.290.79 9.59 % 20.470.916.77 9.96 % 59,996.02 6471017.a7) Ana 1,01 TOTAL PORTFOLIO TOTAL MARKET VALUE PLUS ACCRUED 20,051,01032 C1,mderAnal Nengne'4-CC W1DEMT1AL 140e1 Ereoeke Tins:10 1 01412:12d0 PM County of San Diego Treasurer Investrnerit deport MONTH ENDING September 30, 2014 COUNTi OF SAN PIEGO TREASURER - TAX COLLECTOR Participant Cash Balances PARTICIPANT San Diego Pooled Money Fund as of September 30, 2014 (M000) FMV FMV FMV 07131/14 00131/14 09/30/14 1of Total cout TY COUNTY - SPECIAL TRUST FUNDS NON -COUNTY INVESTMENT FUNDS SCHOOLS - (K T RU 12) COMMUNITY COLLEGES San Diego Oroaarnont Mira Coats Palomar Southwestern Total Community Colleges SDCERA BANCAL MTDO SANDAL CITIES Chula Vista Del Mar Encinitas Lemon Grove Nelionel City INDEPENDENT AGENCIES Alpine FPD Bonita Su nnyside FPD eorrago Springs FPD Deer Springs FPD Fail b ock Public Utl Grosamont Halthcars District Public Agency Self tnsur rice System Julian Cuyamao8 FPD Lake Cuyamaca Rec & Pork Lakeside Fite Leucedla Water District Lover Sweetwater FPD 3 727.581 $ 740,895 $ 765,688 1.451.960 1, 3118,193 1,332,735 231,562 214,609 223,024 2,888,451 2,702,545 2,855,145 385,355 337,309 326,517 123,249 104,1311 104,415 21,71E 17,748 10,733 121,552 111,611 107,57E 147,751 123,455 119,742 606,624 694,733 666,585 920 5,340 5,243 52,594 48,054 37,053 705 702 704 57,621 57,783 182,159 39,180 39,038 39,139 3,022 3,011 3,019 2 2 7,060 7,034 7,053 5,015 4,89E 5,009 1,038 509 600 4,74E 4,757 4,421 1,01E 951 513 6,778 6,703 7,058 14 14 14 995 992 994 4,025 4,014 3,814 188 190 192 318 279 288 7,477 8,241 5,95E 11,331 11,290 11,320 447 369 372 12.089E 21.041E 3.52% 41.60% 5.165E 1,58% 0,175E 1.705E 1.1399E 10.57% PARTICIPANT Metropolitan Trensit System MeleetIc Pines CSD Mission Resource Conservation District North County Cemetery District North County Camslry Per --soul North County Cemetery North County Dispatch North County Fire Otay Water District Investment Palomar Resour a Conservation District Pine Valley FPD Pomarado Cam Perpetual Pomerado Cemetery Dletdc Rtxnona Cemetery District Ramona Cemetery Perpetual Rancho Santa Fe FPD Rinocn dal Diablo Municipal Water District San Diego Housing Commission San Diego Rural Firs San Dregutto Rh.r San Marcos FPD San Miguel FPD San Ysldro Sentteticn Santa Fe Irrigation District 8DC R gional Airport Authority So County OPS Confer Spring Valley/Case de Oro Upper San Luls Rey Reaen.eir Wieciios Water District Valley Canter FPD Valley Cntr Grtsate y Valley Cie Cem Perpetual Valley air Water District Vista FPD FMV FAME FUN x of 07/31/14 06/31/14 09/30/14 Total 3,859 3,843 3,910 O 0 0 426 425 414 1,230 1,227 1,229 1,288 1,292 1,302 1,456 1,437 1,310 2,451 3,459 3,58E 2,512 1,211 1,881 15,192 10,181 10,207 O 0 0 483 489 472 O 0 0 1,841 1,622 1,586 568 334 515 351 35o 351 11.942 11,353 10,482 2,487 2,974 2,982 9,989 9,833 9,959 45 8 9 17 -21 1 1 1 7,029 4,314 4,195 13 13 13 4,908 4,890 4,903 316,565 307,734 305,888 O 0 0 O 0 0 20 20 20 5,0E7 5,049 5,082 4,141 3,924 3,753 45 39 40 232 283 234 17,050 17,544 17,583 2.13E 2,130 2,130 Total Independent Agencler. E17,903 588,841 708,77E 11.1916 Pooled Money Fund Toted 36,706,380 S6,360.217 38.334,953 100.00% COUN 'Y OF:SAN DIEGO TREASURER - TAX COLLECTOR 17, COSD_General_Ledger..,ctivity_.R-061014 txt fund 44077.txt ORGL0046 COSD General Ledger Activity Report Run Date:10/06/14 09:S6:36 Page: 1 of 2 Report Parameters Currency Fund LoW Fund High Org Low Org High Dept Account LOW Account High Period Balance Type ORGL0046 Report Org DESCRIPTION CREDITS : USD : 44077 : 44077 : SEP-14 : Actual COSD General Ledger Activity Run Date 10/06/14 09:56:36 Period SEP-14 Page: 2 of 2 SOURCE CATEGORY NAME LINE ITEM SOURCE ITEM GL DATE FUND : 44077 ACCOUNT : 10100 NATIONAL CITY INVESTMENT FUND CASH IN TREASURY Beginning Balance : 0.00 Total : Pagel DEBITS 5,040,502.49 0.00 COSD General_Ledger_Activity R..,061014 txt fund 44077.txt Ending Balance : 5,040,502.49 ACCOUNT : 34100 FUND BALANCE AVAILABLE - ACTUAL BASIS Beginning Balance 5,040,502.49 0.00 5,040,502.49 0.00 Report*** Total : 0.00 Ending Balance : Grand Total : 0.00 Page 2 ***End of CC/CDC-HA Agenda 12/2/2014 — Page 113 The following page(s) contain the backup material for Agenda Item: An Ordinance of the City Council of the City of National City Establishing the Compensation of the Mayor and the City Council. (City Attorney) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 2, 2014 AGENDA ITEM NO. ITEM TITLE: An Ordinance of the City Council of the City of National City Establishing the Compensation of the Mayor and the City Council PREPARED BY: Claudia Gacitua Silva PHONE: EXPLANATION: Ext. 4222 Please see attached memorandum. DEPARTMENT: ity Atto APPROVED BY: y FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Introduce ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Memorandum Proposed ordinance TO: FROM: SUBJECT: \11// CALIFORNIA NATIO AL etry xArCORPORATvD Office of the City Attorney Mayor and City Council City Attorney Compensation of Mayor and City Council City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Elisa Cusato Deputy City Attorney Jennifer Knight DATE: December 2, 2014 Mayor and City Council Compensation As an election has occurred and resulted in elected officials beginning new terms of office, it is now legally permissible for the Mayor and members of the City Council to approve changes to their own compensation. Generally, changes to compensation do not apply to .a member of council during the member's term of office. This general rule, however, does allow for compensation to change for all members of council whenever one or more members commences a new term of office. Government Code section 36516.5. Accordingly, adjustments to compensation coincide with elections at which members begin a new term in office. Councilmembers may receive an increase up to 5% for each calendar year from the date of the last adjustment. A. Prior Salary Adjustments The last salary adjustment for the Mayor and City Council occurred December 18, 2012, which set the base salary of the City Council at $983.29 per month, and the base salary of the Mayor at $3,745.56. (See Ordinance No. 2012-2379, attached as Attachment 1). Between 2003 and 2011, the City Council received one salary increase in the amount of three percent. During that same time frame, state law reduced the Council's compensation for serving as the redevelopment agency from $975.33 per month to $300 per month (2006), and thereafter to $-0- based on the elimination of redevelopment (2011). The City Council may increase its compensation either by ordinance or at an election. At any municipal election, the amount of the salary can be submitted to the voters. Government Code section 36516(b). Historically, compensation has been set by ordinance enacted by the Council. Compensation increases for council members "shall not exceed an amount equal to 5 percent for each calendar year from the operative date of the last adjustment ..." Government Code Section 36516(a)(4). An elected mayor, pursuant to Government Code section 36516.1, may be provided with additional compensation to that which he/she receives as a councilmember, pursuant to an ordinance or by a vote of the electors at a municipal election. There are no limitations imposed 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 Compensation of Mayor and City Council December 2, 2014 Page 2 on the amount of an elected mayor's compensation. Historically, the City Council has adjusted the Mayor's salary by the same percentage as the City Council adjustment. The last adjustment was adopted by Ordinance 2012-2379, thus based on the 5% per calendar year, the City Council can increase its salary up to 10%. The proposed ordinance assumes a 10% increase in the compensation of the Mayor and City Council, but that can be revised upon direction. The proposed ordinance also contains provisions addressing benefits. To the extent the City Council seeks to make changes to these provisions, such changes need to be reflected in the ordinance. B. Other Compensation In addition to considering salary, it is also appropriate to consider other compensation at this time, such as benefits. Government Code section 36516(d) provides as follows: Any amounts paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the city for its employees. Government Code section 53208 provides as follows: Notwithstanding any statutory limitation upon compensation or statutory restriction relating to interest in contracts entered into by any local agency, any member of a legislative body may participate in any plan of health and welfare benefits permitted by this article. Based on these Government Code sections above, the amounts paid by the employer for retirement, health, and welfare benefits are not subject to the salary limits set forth in Government Code section 36516, as long as the same benefits are available and paid by the City for its employees. Health and welfare benefits include medical, dental, life, legal expense, and income protection insurance or benefits. Government Code section 53200(d). Accordingly, the Council can participate in a health and welfare benefits plan as long as such plans are available to a large number of employees (Government Code section 53208 and 53202.3) and "shall be no greater than that received by nonsafety employees of that public agency. In the case of agencies with different benefit structures, the benefits of members of the legislative body shall not be greater than the most generous schedule of benefits being received by any category of nonsafety employees." (Government Code section 53208.5(b)). A payment of cash -in -lieu of health care benefits does not fall within the definition of health and welfare benefits. See, 89 Cal. Atty. Gen. 107 (2006). Thus, cash -in -lieu of health care benefits are subject to the salary limitations of Government Code section 36516 (the 5% per calendar year). Compensation of Mayor and City Council December 2, 2014 Page 3 The most recent benefit adjustment was in 2012 when the City approved an increase to the fixed health care contribution from $850 to $1200 per month, consistent with increases to other employee groups. Since 2012, the State has changed the retirement formulas for all new members, creating a new tier (Tier III) which provides a retirement formula of 2% at 62 years of age and the "three year averaging" provision. In addition, new members to the Public Employees' Retirement System are required to pay 50% of the normal cost of the defined retirement benefit contribution as determined by Ca1PERS. This legislative change does affect newly elected officials and is incorporated into the ordinance for introduction. The following are the benefits currently in effect: Mayor • $750/month car allowance. Mayor and City Councilmembers • $1200 per month health and welfare benefit of which up to $850 per month can be a cash -in -lieu option. • $40/month for life insurance, in addition to $25,000 term life insurance policy already provided by the City. • $350/month for expense account. • City established annual fund of $3,000 to be used for college level language training in a foreign language. • Retirement formula's as follow (Tier III is pursuant to state law changes): 1. Employees hired on or before March 21, 2011 (Tier I): a. Shall pay 8% of reportable compensation to PERS through payroll withholding on a pretax basis; and b. The retirement formula will include 3% at 60 years of age and the "Single Highest Year" provision. 2. Employees hired on or after March 22, 2011 but before January 1, 2013 (Tier II): a. Shall pay 7% of reportable compensation to PERS through payroll withholding on a pretax basis effective July 1, 2011; and Compensation of Mayor and City Council December 2, 2014 Page 4 b. The retirement formula will include 2% at 60 years of age and the "Single Highest Year" provision. 3. Employees hired on or after January 1, 2013: a. New members to the public retirement system, as defined by the California Public Employees' Pension Reform Act, (Tier III): i) Shall pay 50% of the normal cost of defined retirement benefit contribution as determined by Ca1PERS according to the most recently completed valuation period; and ii) The retirement formula will include 2% at 62 years of age and the "Three Year Averaging" provision. b. Classic members as defined by the Public Employees Retirement Law shall be placed in the retirement formula and pay the same reportable compensation to PERS as those employees hired on or after March 22, 2011 (Tier II). C. Options The ordinance before you contains the elements of the possible changes to compensation: salary and benefits. The Council has the following options: 1. Accept the first reading of the ordinance as written, which includes the salary adjustment and adjusts benefits commensurate with the most recent pension reform state law changes; 2. Direct the City Attorney to return with a revised ordinance reflecting any changes the City Council directs in any of the areas described above; or 3. Seek to adjust the salary of the Mayor and Cit Council membe by an election. UDIA G. SI A City Attorney ORDINANCE NO. 2012 — 2379 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE COMPENSATION OF THE MAYOR AND THE CITY COUNCIL BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That the base monthly compensation for the City Council is established at $983.29 per month, pursuant to the provisions of Sections 36516 and 36516.5 of the California Government Code. Section 2. That the base monthly compensation of the Mayor is established at $3745.56 per month, pursuant to the provisions of Section 36516.1 of the Government Code. Section 3. That the benefits for the Mayor and City Council shall be as set forth in the attached Exhibit "A", incorporated herein by reference. ATTEST: i/ PASSED and ADOPTED this 18th day of December, 2012. A 9- Michael R. Dalla, ity Clerk OV ! AS TO FORM: CIa'a Gaci.&Silva City Attorney on orison, Mayor ATTACHMENT 1 ORDINANCE NO. 2014 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE COMPENSATION OF THE MAYOR AND THE CITY COUNCIL BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That the base monthly compensation for the City Council is established at $1,081.62 per month, pursuant to the provisions of Sections 36516 and 36516.5 of the California Government Code. Section 2. That the base monthly compensation of the Mayor is established at $4,120.12 per month, pursuant to the provisions of Section 36516.1 of the Government Code. Section 3. That for mayors and city councilmembers first elected or appointed on or after January 1, 2013, their retirement benefit formula shall be established pursuant to the California Public Employees' Pension Reform Act of 2013. Section 4. That the benefits for the Mayor and City Council shall remain as previously established. PASSED and ADOPTED this ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney day of , 2014. Ron Morrison, Mayor CC/CDC-HA Agenda 12/2/2014 — Page 121 The following page(s) contain the backup material for Agenda Item: An Ordinance of the City Council of the City of National City repealing Chapter 10.63 of the National City Municipal Code regulating sex offenders' proximity to children's facilities. (City Attorney) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 2, 2014 AGENDA ITEM NO. ITEM TITLE: An Ordinance of the City Council of the City of National City repealing Chapter 10.63 of the National City Municipal Code regulating sex offenders' proximity to children's facilities. PREPARED BY: Claudia Gacitua Silva PHONE: Ext. 4222 EXPLANATION: Please see attached staff report. DEPARTMENT: sty Attorn APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: X Finance MIS STAFF RECOMMENDATION: Introduce proposed ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff report Proposed ordinance Mayor Ron Morrison Council Members Louis Natividad Alejandra Sotelo-Solis Mona Rios Jerry Cano TO: FROM: SUBJECT: \1l!/ CALIFORNIAIF�+ NATIO • anv �-' rvCORPORA`xgD Office of the City Attorney MEMORANDUM Mayor and City Council City Attorney Sex Offender Proximity Ordinance City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Elise Cusato Deputy City Attorney Jennifer Knight DATE: December 2, 2014 I. Chapter 10.63 Restricts Sex Offenders' From Certain Facilities Where Children Are Present In 2005, the City of National City adopted Chapter 10.63, entitled Sex Offenders' Proximity to Children's Facilities. This chapter prohibited sex offenders from being "on or within three hundred feet of a public or private school for children, a center or facility that provides day care or children's services, a video arcade, a playground, park or an amusement center." After the City of National City adopted this Chapter, other cities followed with similar ordinances. At the time of adoption, state law was silent on such location restrictions for sex offenders. Since that time, the state has adopted various state laws imposing location restrictions. IL The California Courts of Appeal Have Held Local Regulation of Sex Offenders Is Invalid This year, the California Courts of Appeal have held that the California Legislature has preempted the field of regulation of sex offenders. These holdings limit the extent to which cities and counties may enact local regulations of where registered sex offenders may reside and be present. See, People v. Nguyen (2014) 222 Ca1.App. 4th 1168; People v. Godinez (2014) 2014 WL 99188 (unpublished); and, In re Taylor (2013) 209 Ca1.App.4th 210 (review granted by and pending before California Supreme Court). Specifically, the presence restrictions enacted by the City of Irvine have been held to be pre- empted by state law. The City of Irvine ordinance prohibited registered sex offenders from entering city parks and recreational facilities without written permission from the City's police chief. Nguyen is a registered sex offender who was charged with entering a public park in the City of Irvine without first obtaining written permission from the Irvine Police Chief. The trial court found that the local ordinance was preempted by state law. The Court of Appeal agreed. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 In its opinion, the Court of Appeal engages in a lengthy discussion about the principles of preemption and states, "[i]f the subject matter or field of the legislation has been fully occupied by the state, there is no room for supplementary or complementary local legislation, even if the subject were otherwise one properly characterized as a `municipal affair'." (Id. at 2, citations omitted.) The court defines the relevant field of the state legislation as "the restrictions imposed on a sex offender's daily life to reduce the risk he or she will commit another similar offense." (Id. at 6.) The court goes on to say, "we conclude the Legislature established a complete system for regulating a sex offender's daily life and manifested a legislative intent to fully occupy the field to the exclusion of... local regulations." (Id. at 7.) Further, the court states, Precisely how to restrict a sex offender's access to places where children regularly gather reflects the Legislature's considered judgment on how to protect children and other members of the public from the risk of a sex offender reoffending while also recognizing a sex offender's right to live, work, assemble, and move about the state. [Citations.] The Legislature's enactment of a comprehensive statutory scheme that includes significant restrictions on a sex offender's access to places where children regularly gather, but excludes an outright ban on all sex offenders entering a park ... , manifests a legislative determination that such a ban is not warranted... [Citations.] Accordingly, we conclude state law preempts [the local ordinance] because it fully occupies the field [the local ordinance] regulates. (Id. at 7-8.) As the body of case law regarding enforcement of local sex offender regulation has changed since Chapter 10.63 was adopted, the ability of the City to adopt and enforce our local regulation has been effectively removed. The current case law has affected many cities in similar situations who have thereafter repealed their ordinances. Discussion of Options Available to the City Council Given the current state of the law, the City's ability to locally regulate sex offenders' proximity to children's facilities has been preempted. This does not permanently preclude such regulation, should the state legislature revisit their statutory scheme and specifically allow local regulation. The City could pursue state law changes to address the preemption. In addition, the City could direct staff to research other allowable means and methods in which to protect children from sex offenders, in light of the Court of Appeal rulings. In the meanwhile, this Office does recommend the City Council repeal Chapter 10.63 of the Municipal Code, given the current state of the law. On this agenda is the repeal of the ordinance. CLAUDIA GACITUA SILVA City Attorney Staff Report 2 Ordinance Repealing Chapter 10.63 of the Municipal Code November 18, 2014 Regulating Sex Offenders' Proximity to Childrem's Faciltiies -- CALIFORNIA+ Mayor Ron Morrison Council Members Louis Natividad Alejandra Sotelo-Solis Mona Rios Jerry Cano NATO N1. CITilt acme�lti� 1i INCORPOR%TEv J Office of the City Attorney MEMORANDUM TO: Mayor and City Council FROM: City Attorney SUBJECT: Sex Offender Proximity Ordinance City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Elise Cusato Deputy City Attorney Jennifer Knight DATE: December 2, 2014 I. Chapter 10.63 Restricts Sex Offenders' From Certain Facilities Where Children Are Present In 2005, the City of National City adopted Chapter 10.63, entitled Sex Offenders' Proximity to Children's Facilities. This chapter prohibited sex offenders from being "on or within three hundred feet of a public or private school for children, a center or facility that provides day care or children's services, a video arcade, a playground, park or an amusement center." After the City of National City adopted this Chapter, other cities followed with similar ordinances. At the time of adoption, state law was silent on such location restrictions for sex offenders. Since that time, the state has adopted various state laws imposing location restrictions. II. The California Courts of Appeal Have Held Local Regulation of Sex Offenders Is Invalid This year, the California Courts of Appeal have held that the California Legislature has preempted the field of regulation of sex offenders. These holdings limit the extent to which cities and counties may enact local regulations of where registered sex offenders may reside and be present. See, People v. Nguyen (2014) 222 Cal.App. 4th 1168; People v. Godinez (2014) 2014 WL 99188 (unpublished); and, In re Taylor (2013) 209 Cal.App.4th 210 (review granted by and pending before California Supreme Court). Specifically, the presence restrictions enacted by the City of Irvine have been held to be pre- empted by state law. The City of Irvine ordinance prohibited registered sex offenders from entering city parks and recreational facilities without written permission from the City's police chief. Nguyen is a registered sex offender who was charged with entering a public park in the City of Irvine without first obtaining written permission from the Irvine Police Chief. The trial court found that the local ordinance was preempted by state law. The Court of Appeal agreed. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 In its opinion, the Court of Appeal engages in a lengthy discussion about the principles of preemption and states, "[i]f the subject matter or field of the legislation has been fully occupied by the state, there is no room for supplementary or complementary local legislation, even if the subject were otherwise one properly characterized as a `municipal affair'." (Id at 2, citations omitted.) The court defines the relevant field of the state legislation as "the restrictions imposed on a sex offender's daily life to reduce the risk he or she will commit another similar offense." (Id. at 6.) The court goes on to say, "we conclude the Legislature established a complete system for regulating a sex offender's daily life and manifested a legislative intent to fully occupy the field to the exclusion of... local regulations." (Id. at 7.) Further, the court states, Precisely how to restrict a sex offender's access to places where children regularly gather reflects the Legislature's considered judgment on how to protect children and other members of the public from the risk of a sex offender reoffending while also recognizing a sex offender's right to live, work, assemble, and move about the state. [Citations.] The Legislature's enactment of a comprehensive statutory scheme that includes significant restrictions on a sex offender's access to places where children regularly gather, but excludes an outright ban on all sex offenders entering a park ... , manifests a legislative determination that such a ban is not warranted... [Citations.] Accordingly, we conclude state law preempts [the local ordinance] because it fully occupies the field [the local ordinance] regulates. (Id. at 7-8.) As the body of case law regarding enforcement of local sex offender regulation has changed since Chapter 10.63 was adopted, the ability of the City to adopt and enforce our local regulation has been effectively removed. The current case law has affected many cities in similar situations who have thereafter repealed their ordinances. Discussion of Options Available to the City Council Given the current state of the law, the City's ability to locally regulate sex offenders' proximity to children's facilities has been preempted. This does not permanently preclude such regulation, should the state legislature revisit their statutory scheme and specifically allow local regulation. The City could pursue state law changes to address the preemption. In addition, the City could direct staff to research other allowable means and methods in which to protect children from sex offenders, in light of the Court of Appeal rulings. In the meanwhile, this Office does recommend the City Council repeal Chapter 10.63 of the Municipal Code given the current st. - of the law. On this agenda is the repeal of the ordinance. C CITUA SILVA Staff Report 2 Ordinance Repealing Chapter 10.63 of the Municipal Code November 18, 2014 Regulating Sex Offenders' Proximity to Childrem's Faciltiies follows: ORDINANCE NO. 2014 — 2399 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REPEALING CHAPTER 10.63 OF THE NATIONAL CITY MUNICIPAL CODE REGULATING PROXIMITY OF SEX OFFENDERS' TO CHILDREN'S FACILITIES WHEREAS, on November 15, 2005, the City Council adopted Ordinance No. 2005-2275, adding Chapter 10.63 to the National City Municipal Code to regulate proximity of sex offenders to children's facilities; and WHEREAS, the California Court of Appeal determined that a similar sex offender ordinance adopted by the City of Irvine was preempted by State law and, therefore, could not be enforced (People v. Nguyen (2014) 184 Cal App 4th 1096); and WHEREAS, based on current state law, the City Council seeks to amend its Municipal Code by repealing Chapter 10.63 in its entirety. NOW, THEREFORE, the City Council of the City of National City does ordain as Section 1. Chapter 10.63 of the National City Municipal Code, "Proximity of Sex Offenders to Children's Facilities" is hereby repealed in its entirety. Section 2. The City Council, exercising its independent judgment, finds this amendment is exempt from the California Environmental Quality Act (CEQA) Guidelines per Section 15061(b)(3) because the amendment does not have the potential to cause a significant effect on or impact the environment. Section 3. This Ordinance shall be effective 30 days after its adoption, and the City Clerk shall certify to the adoption of this Ordinance and cause the same to be published and/or posted as required by law. PASSED and ADOPTED this 2nd day of December, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 12/2/2014 — Page 128 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — Circus Vargas sponsored by Tabares Entertainment, Inc. from February 26 thru March 9, 2015 at the Westfield Plaza Bonita Mall with no waiver of fees. (Neighborhood Services) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 2, 2014 AGENDA ITEM NO. ITEM TITLE: sponsored by Tabares Entertainment, Mall with no waiver of fees. DEPARTMENT: APPROVED Entertainment, Inc. to conduct the thru March 9, 2015. Set up for this lot of the mall. Each performance from 1 p.m., 4:30 p.m., 7:00 p.m., event in a traditional big top no games, no outside vendors and will be eight internal Security on -site in a trailer. Clean-up will show on March 9th and will be dismantled was in 2011 with the same event Inc. from February 26 thru March Neighborhood Services Division BY: Temporary Use Permit — Circus Vargas 9, 2015 at the Westfield Plaza Bonita PREPARED BY: Vianey Rivera PHONE: 1(619) 336-4364 EXPLANATION: This is a request from Tabares Bonita Mall from February 26 24, 2015 on the west side parking show times will vary on dates This is a completely self-contained performing animals, no rides, transportation of operations. There the mall. Food will be prepared This event will end with its last Circus Vargas applied for a TUP Circus Vargas event at Westfield Plaza event will commence at 8:00 a.m. February lasts approximately 1 '/2 hours. The and 7:30 p.m. daily. circus with concessions. There are no no alcohol. Vehicles are used for Guards and sufficient parking is available at be performed after each show. by March 10, 2015. The last time location. FINANCIAL STATEMENT: APPROVED: APPROVED: Finance ACCOUNT NO. MIS The City has incurred $237.00 for processing for the Fire Permit(s). Total fees: $637.00. ENVIRONMENTAL REVIEW: the TUP, plus $400.00 FINAL ADOPTION: ORDINANCE: INTRODUCTION: Use Permit subject to compliance with all conditions of approval. STAFF RECOMMENDATION: Approve the Application for a Temporary BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Application for a Temporary Use Permit. 1 Type of Event Public Concert Fair Festival _ Community vent _ Parade �_ Demonstration ]Circus Motion Picture — Grand Opening _ Other Event Title: Circus Vargas Event Location: WAntflAU! Pia a Rnnita Block Party Event Date(s): From 2/26/15 to 3/9/15 Actual Event Hours: 12:30 DM am/pm to 9:30 Dm am/pm Total Anticipated Attendance: 300-500 ( 24 Participants Spectators) Setup/assembly/construction Date: February 24th Start time: j:00 am Please describe the scope of your setup/assembly work (specific details): Setup Big Top Tent, Bleachers, Lighting etc Dismantle Date: 3/9-10 Completion Time: 10 am 3/10 amipm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. None Sponsoring Organization: Tabares Entertainment Inc. Chief Officer of Organization (Name) Applicant (Name): Nelson Quiroga Address: 992 Blue Lantern Dr. Henderson NV 89015 Nelson Quiroga r 2 / 25' J` Daytime Phone: (.0) 513 8767 Evening Phone: ( ) Fax: (70) 446-8340 E-Mail: ngtabares@circusvargas.org Contact Person "on site" day of the event: Katya Quiroga Cellular: 702-466-4873 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS • FEES/P.00ED/EPORTI N;G • sir Is your organization a "Tax Exempt, nonprofit" organization? — YES x NO Are admission, entry, vendor or participant fees required? x YES _ NO If YES, please explain the purpose and provide amount(s): $20.00-$65.00 $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? .,L4 rL�k i,,�p� 7 {Ia ,„ „ 1i:ys YCL:: I _ _ Rinit!i��,," _4 RA ifQ A N I TAT'4 Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. Circus Vargas provides a traditional big top circus with concessions. There are n0 performing animals, no rides, no games, no outside vendors and no alcohol. Vehielca-etra rreed•for•transportotior► ofeperotions. YES x NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: none YES NO Does the event involve the sale or use of alcoholic beverages? x YES NO Will items or services be sold at the event? If yes, please describe: Tickets, food items, and novelties YES x NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES _„r, NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets Impacted by the event. x YES_ NO Does the event involve the use of tents or canopies? if YES: Number of tent/canopies 1 Sizes 147 feet around NOTE: A separate Fire Department permit is required for tents or canopies. YES xN0 Will the event Involve the use of the OW or your stage or PA system? SPECIFY: In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas, Food Concession3ndd//orr Food Preparation trailer areas Please describe how foodwill be served at the event: dls booth inside ten If you intend to cook food in the event area please specify the method: GAS x ELECTRIC CHARCOAL OTHER (Specify): [D Portable and/or Permanent Toilet Facilities Number of portable toilets: 8 (1 for every 250 people is required, unless the applicant can show that there are facilities In the immediate area available to the public during the event) Tables # and Chairs # Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or endosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: 6 Trash containers with Lids: 6 Describe your plan for clean-up and removal of waste and garbage during and after the event: Clew up. of r-mew • asuseaderl P :+ .r�•rr++ 7 a n�•ii+ .k+R f: qJ�+�+�P�4� �liaGr 1. i1. •�rN ( ELF ern •.{n..r i�,Ar r se Please describe your procedures for both Crowd Control and internal Security: 8 internal security staff _ YES x NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please Hat: Security Organization: Security Organization Address: Security Director (Name): Phone: 2 YES , NO Is this a night event? if YES, please state how the event and surrounding area will be illuminatte�d tgo ensure safety of the participants and spectators: mail PaLot Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. First aid kit available in ticket booth. 911 for emergencies Please describe your Accessibility Plan for access at your event by individuals with disabilities: Entire operation Is accessible since the parking lot is flat Please provide a detailed description of your PARKING plan: See attached map Please describe your plan for DISABLED PARKING: Disabled parking provided in front of tent Please describe your plans to notify all residents, businesses and churches impacted by the event: Tent should not impact malt needs at that time. Mall management is informed and communicates with tennants. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled In the City parks. 4.e.NTERTAINIVIENT/AT �. 1M+ ;tw :1 aM ELATED EVENT TIVITI ,r YES . NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: X YES _ NO Will sound amplification be used? if YES, please indicate: Start time: 12•3o pm am/pm Finish Time g_30 pm am/pm YES x NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: amPpm Finish Time am/pm Please describe the sound equipment that will be used for your event: Microphones and speakers YES x NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES x NO Any signs, banners, decorations, special lighting? if YES, please describe: Revised 02/29/12 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. OrganizationTabares Entertainment, Inc. Person in Charge of Activity Nelson Quiroga Address 992 Blue Lantern Dr. Henderson NV 89015 Telephone 702-513-9767 Date(s) of Use 2/26115-319116 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or Its agents, employees or contractors. Signature of ; licant Official Title Date 69_egiiiWe4' zfC.r/j ee;5 L?q,q5. /6/20 For Ofce Use Only Certificate of Insurance Approved Date A Fantastical Magical Experience Circus Vargas 2015 Event Proposal at Westfield Plaza Bonita Location: Requested Dates: Westfield Plaza Bonita 3030 Plaza Bonita Rd, National City, CA 91950 Feb 26th to March 9th 2015 Day: Date: Schedule: Showtimes: Tuesday Feb 24th Will enter property at 1:00 am Set Up Day No Performance Wednesday Feb 25t1 Set Up Day No Performance Thursday Feb 26th Opening Night 7:30 PM Friday Feb 27°' 4:30 & 7:30 PM Saturday Feb 28t1' 1:00 - 4:00 & 7:30 PM Sunday March 1 ' 1:00 - 4:00 & 7:30 PM Monday March 2h° 7:00 PM Tuesday March PI No Performance Wednesday March 4th 7:30 PM Thursday March 5th 7:30 PM Friday March 6a' 4:30 & 7:30 PM Saturday March 7°' 1:00 - 4:00 & 7:30 PM Sunday March 8°' 1:00 - 4:00 & 7:30 PM Monday March 9th Teardown of the circus will be done after the show 7:00 PM Tuesday March 10t1 - Circus Will be gone from the property before 7 AM - Clean up crew will finish cleaning the lot around 10:00 AM - All rented equipment such as porta- potties, fencing and Dumpster will be picked up before 9:00 am Nelson R Quiroga - Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 702-513-9767 E-Mail: ncitabares@circusvargas.org AR1A A Fantastical Magical Experience 6101 Circus Vargas 2015 Event Proposal at Westfield Plaza Bonita Parking lot area need it to accommodate Circus Vargas (far view) Circus Vargas/Plaza Bonita far view site plan 3034:1 Plata Sonia RD, rJxunnl City CC&1&d0 Nelson R Quiroga - Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 702-513-9767 E-Mail: ngtabares@circusvargas.org A Fantastical Ma ical Experience Circus Vargas 2015 Event Proposal at Westfield Plaza Bonita Circus Vargas,Plaza Bonita detail site plan Nelson R Quiroga - Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 702-513-9767 E-Mail: nqtabares@circusvargas.org R1A Ica! Experience Circus Vargas 2015 Event Proposal at Westfield Plaza Bonita Show Info: LENGTH OF SHOW: Approximately one and one-half hours EXPECTED ATTENDANCE: 300 — 500 per show SEATING CAPACITY OF TENT: 1,250 NO GAME OF CHANCE NO MECHANICAL RIDES NO PERFORMING ANIMALS NO PYRO OR OPEN FLAME ARE USE DURING THE SHOW NO ALCOHOL 1S SOLD OR SERVED NO OUTSIDE CONTRACTED VENDORS Circus Management provides in-house security guards. Managements carries radios and cell phone in case of 911 Emergency. Circus Vargas is completely self-contained. The show has a two generator system with an emergency battery backup. If the main generator shuts down, the backup generator will be turn on but all emergency lighting will remain running with the battery backup system. A source of water is usually provided to the Circus by the venue on which the Circus conducts business, if not the Circus will rent a Water meter from the city. Circus Vargas rents porta-potties from a local sanitation companies. Circus Vargas crew will perform daily cleanups to maintain the Circus Area clean from any trash. Circus Vargas rents a Dumpster for all trash produced by the Circus activities Circus Vargas is a family show and attracts primarily families, in-house security is normally sufficient to provide appropriate crowd control. The security use radios to communicate with each other and can use cell phones to contact local law enforcement if the need exists. Nelson R Quiroga - Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 702-513-9767 E-Mail: ngtabares@circusvareas.org A Fantastical Magical Experience Circus Vargas 2015 Event Proposal at Westfield Plaza Bonita Circus Vargas Cleanup & Recycling Plan Circus Vargas does not hire or contact with outside vendors or temporary workers. All staffing will be with workers that travel with the show. The staff is currently trained on proper sanitary and clean-up procedures. There is a staff of 25 people and while some people are working throughout the day, all of them are present from one hour before the first show of the day until after the show is over and clean-up is completed. Since the nature of a circus limits the areas in which the public travels, the major portion of the clean up will be in a limited area. Plus, there are a very limited amount of food items sold. Staff continuously cleans up the entrance are throughout the time the show is open to the public so trash does not remain on the ground. Trash is cleaned up after each performance inside the tent. And, once each day, trash will be picked up in the parking area, which is expected to be minimal since most people consume items early in the show and are unlikely to bring trash back to their car. A trash dumpster will be contracted for placement on the grounds. Several trash cans are avail- able for public use in the circus entrance area. We will also have bins in which people can put recyclable items. However, due to the nature of our operation, most people buy their food products and take them immediately into the tent where they sit down. They normally let their trash fall through the bleachers, where we clean it up after each show. Since sodas and water are served in plastic bottles and cans, our staff will put those, along with appropriate paper products into the recycle bins and transport them to an appropriate recycling facility or make arrangements with the dumpster company for their removal. I hope that I have provided you with all the information needed to approve this plan. If you have any questions please call me at 702-513-9767 and I will be happy to assist you. Nelson R Quiroga - Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 702-513-9767 E-Mail: notabarest circusvagas.org A Fantastical Magical Experience Circus Vargas 2015 Event Proposal at Westfield Plaza Bonita Circus Vargas Security Plan Since Circus Vargas is a family show and attracts primarily families, in-house security has been sufficient to provide appropriate crowd control. Since there is nothing to see other than the show itself, there are no people just loitering in the area. Crowds come at show time, enter the enclosed midway area and take their seats. After the show there is nothing else to see so they exit to their cars. Many of the things that attract or encourage trouble or the necessity for police intervention will not be present at Circus Vargas. Alcohol will not be sold or served and there are no games of chance or mechanical rides. While a carnival attracts ages 12-22, Circus Vargas primarily attracts children of elementary school ages or younger along with their parents and grandparents. Circus Vargas has its own security team consisting 8 uniformed (unarmed) security personnel (includes one head of security). The uniforms consist of matching Circus Vargas shirts and pants. This low key approach to security maintains the atmosphere of family fun. All security will be scheduled one hour before each performance and stay Thirty minutes after the performance. Security personal will be stationed both inside and outside the tent as well as next to the ticket booth. Security Personnel have access to walkie-talkies for communications between themselves in addition to cell phones that can be used to call additional personnel as well as local police or fire, if it becomes necessary. In addition to the security officers, a closed circuit video security system monitors the inside of the ticket booth, where money is handled, as well as the midway area and the area in front of the ticket booth. This video system is attached to a recording device that can be used to have a record of events. Nelson R Quiroga - Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 702-513-9767 E-Mail: nqtabares@circusvargas.org PI04RY DERMA 7101 970/4 C rifOL RYIl4 C/ pA f01......I DM. CORSET 3 PRASE 1 _twat. 6OM IOAP WP.C& LS' 20270 MOO OW 4/0 =DID 1A04 To 2) /j C134551$ Va. IN ">_1 `SDC CEN. wrEg.) ') MA iP PnR .1 FAULT_CURRENT 14313s Do S.a DPP P1 An A95A 7P lI4OPa;A.Ac 1.4 OPP16An IN Pad 013Oaf 4 OPP AS:a Pffi1H 1140.469,151' 07PAary7P Pcrl0 320.144.4s37 4 *per LOaIr I40ylgyfa. hedt1 PIMCZ 21521a q5 77 :-CA54717. 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MY" 211 Swam LIME d PAM. 0.01.0 1e E-500 sKF* tar . . . r ; - cF STATE tE MA AL CALZFORNZA DEPARTMENT Or FORESTRY and mug O1 ECTXON (macs or THE STATE TIRE MARSHAL REGISTERED FLAME RESISTANT PRODUCT Product: Registration No. MACONTRAINT 502/532/832/1002 P 44401 Product Marketed By: FBI SA RK54, 38352 LA TOUR DU PIN LA TOUR DU =ROMANCE This product meets the minimum requirements aflame resistance established by the Ca1iifornia State Fire Marshal for products identified in Section 13115, California Heahh and Safety Code. The scope of the approved use oft is product is provided in the current edition ofthe CALIFORNIA APPROVED LIST OF FLAME RETARDANT CHEMICALS AND FABRICS, GENERAL AND LIMITED APPLICATIONS CONCERNS published by the California State Fire Marshal. Ewires: 06-30.2015 Leap- ;y Six ,ce Fire Marshal FRee EGRESS PLAN : FOi?",`Et;S -� '(. EN i E AiiC -- •0' Exit • !Bleachers r i � 8 HRows a roman occupancy I ; on this sealing area • •Anna 130 a Rows • Maxim o f +. occupancy i i . on this seating i Bleachers .#7.)/ \\ 4 S R+rws ` Itasi nna nempaacy i Arena ... '\ on this seating area t S � S Raw' '• t 130 . S Nfaximuu NI / '`� ,�f s tpafky . i �! ,••'ti 'ton this seating' j �,! 1:,. frrea60 .1. 1, area 60 �`+,,• ; 1; i 3 r—;i 5 watt RING •ti ?C � �� S :g3 ��_'_.", -.~--, 10,Exit 10' Exit , _ Aren.: seats , ,� Arena r-+' i SRowa .."',5\ r: g t r r{ :� , Maximnn .' s. %,�%catsf 1laslmun / F accts "�, Ringside seating 2 Rows .. on this Seating. ,_/� .`�maximpa aecapaney 90 >4 % on s� tF 9kachers �+„ .NS . area .10 4. g Rawa r 'O-"�-"'•— StK. • . hfaximtmaecupancF•! t on this seating area i 130 y f/ ; J ' 8saata g,ea,s • 10' Exit. • Bleaches -ara " t. it Rows t Maxtnsun *compaany'•, cm this seating area ,r 130 1 Arena S Rows r+1G 3 Rows AMU 41414,4 '-s •` .Maximus occupancy t hiarimun occupancy ' "'", on this searing area ! on fhb seating area f N ',/..37;,...: 1 41 ''. _.....--.- 04' `y, e,',.+.:.: ..\• Bleachers f �,•r 81Raaehe[s •.'•�� .•`: gRows f ng area Maximum 'occupancy \ti : 1Lsfmon atapaxy i {••1 \ :•' : aathbseatlogarea astUas130 t^s 130 10' Exit w: ~•..• I 1 20' EXIT (7-1O'EXITS X—`rire Extinguishers 16 2A-109C Rated located near exits F Area Marked as Bleachers are benches Area Marked as Arena are Buket plastic chairs Boxes around ring have 2 rows of 4 loose chairs each with an aisle between groups of two. Chairs are removed for Handicapped Seating an an as -needed basis 1 I 4, -. 25' 4 Accessible Restrooms 111111111 Public Entrance 33' x 56' Illuminated Exit Sign with 3 sources of power above every exit. Signs attached to a generator, back up generator and battery as third source of power. �x Means of egress is illuminated from light on top of exit sign at not less than 1-foot candle at floor level. Exit Signs and illuminated egress signs able to operat 90 minutes when operated at full design demand. 10' 10' Exit .• • Seating Capacity 1 t250 NS -No Smoking Signs All Food and Novelties counters arc 10' wheel Chair Accessible at 32 inches * Semi -ambulant seating Curtain openings at exits have contrasting colors to the tent and are on a free -sliding metal support. Curtain height a minimum of 80-inches above floor level and do not obstruct the exit. No Smoking Signs Posted inside Tent No cooking inside the tent ACCESSIBLITY SHEET 16' Exit ----NS MS t ,..)., 1,, ,H______- .`` f ' / e t -- �_1 ,NS /i �v 1"-5'\ ! r 5 Rows Arena �' f 6 ' ' 4 5 Rows Arena \ r -.+~\ Seating Seating ;' 8 Rowe Bleachers , Seating f 10' Exit f ? — 20 EXIT (7-10'EXITS X -Fire Extinguishers • 16 2A-1 08C Rated located near exits Area Marked as Arena seating are bucket plastic chairs Area Marked as Bleachers are Benches Boxes around ring have 2 rows of 4 loose chairs each with an aisle between groups of two. Chairs are removed for Handicapped Seating on an as -needed basis CEN Ei :t.G 42' N `> •f y - �X 4 ' .. PER OSssyRS ENTRANCE 40' Exit• D r 771, 8 Rows Bleaches ;- Seating 25' 1 — h!$ Public Entrance ft�" 33' x 56' t I to. )Exit 10' Exit • Seating Capacity 1,250 Accessible Restr"mais Illuminated Exit Sign with 3 sources of power above every exit. Signs attached to a generator, back rip generator and battery as third source of power. ®Means of egress is illuminated from light on top of exit sign at not less than 1-foot candle at floor level. p No Smoking Sims Poster! inside Teat Exit Signs and illuminated egress signs able to operate No cooking inside the tent Min NS - No Smoking Signs t' MI Food and Novelties counters are " II CI 1 0' wheel Chair Accessible at 32 incbes 44 *Semi --ambulant seating T vi at /Curtain openings at exits have contrasting colors k to the tent and are on a free -sliding metal support. lh Curtain height a minimum of 80-inches above floor XI a level and do not obstruct the exit 90 minutes when operated at full design demand. Wsilik( October 15, 2013 City of National City Building & Safety Department 1243 National City Boulevard National City, California 91950-4301 Re: Temporary Use Permit Tabares Entertainment (Circus Vargas) — Westfield Plaza Bonita To whom it may concern: i hereby authorize Angelina Quevedo, acting as representative of Tabares Entertainment, Inc., to operator a business known as Circus Vargas in parking lot #1 at Westfield Plaza Bonita during the dates of February 26, 2015 through March 9, 2015. Angelina Quevedo has permission to install temporary power to poles in parking lot #1 to provide power during the temporary use time if adequate power is not already in place. Angela Quevedo will obtain all necessary permits from National City for occupancy at Westfield Plaza Bonita. Please feel free to call me if you have any questions at 619.267.2850. Sincere Iza • ' • rnand • Hook, RPA General Manager Cc: retailers file CAUEC RICA Irk.: National City 37 / 4 589 iC+/20/2014 i.3:52:53.000 Reg CASH22 rlacanzof.mrE 001454 circus vtarrras $ 237.00 NEIGHBORHOOD SERVICES DIVISION Submit this form along with your payment to the Finance Department. Please bring back receipt to our office (Customer Service). DATE: TEMPORARY USE PERMIT EVENT: Cl 5 Noc, AS EVENT DATE(S): c g l5 40 i t, , LOCATION:%).R41-,� ,�. , 46 APPLICANT: )0()17635 �)A4 S AJ; t -..l u0 PROCESSING FEE: $ Depending on City services requested, other fees may apply to your event. CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Tabares Entertainment EVENT: Circus Vargas DATE OF EVENT: February 26 thru March 9, 2015 TIME OF EVENT: 12:30 p.m. —9:30 p.m. APPROVALS: DEVELOPMENT SERVICES COMMUNITY SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE POLICE NEIGHBORHOOD SERVICES CITY ATTORNEY YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: FINANCE (619) 336-4330 Circus Vargas/Tabares Entertainment closed their business license in 2011. They need to apply. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Access to the Circus Vargas to be maintained at all times. 2) Fire Department access into and through the booth areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Exit signs shall be provided at all required exits. Exit signs shall be green in color (National City Municipal Code) and either self illuminating or electrical with a 90 minute back-up power. 4) Fire Hydrants shall not be blocked or obstructed 5) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 6) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 7) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved California State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Fees can only be waived by the City Council. Canopies: 0 — 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 Tents: 0 —200 sf - $200.00 201 — (+) sf - $400.00 8) Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides and shall not be located within 10 feet of amusement rides or devices 9) All cooking booths or areas to have one 2A:10BC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. 10) Fire extinguishers to be mounted in a visible location between 31/2`to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. All fire extinguisher to have a current State Fire Marshal Tag attached. 11) Emergency generators and standby power systems shall be installed, tested, and maintained in accordance with NFPA 110 and NFPA 101, Standard for Emergency and Standby Power Systems. 12) A fire safety inspection is to be conducted by the Fire Department prior to operations of the carnival to include all rides, cooking areas, game booths, etc. Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($200.00) dollars. Fee is to be paid to the Fire Department Administration offices under separate permit. Fee is to be paid prior to event. 13) No smoking signs to be posted. 14) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 15) Fees can only be waived by City Council. If you have any questions please feel free to contact me. PUBLIC WORKS (619) 336-4580 We have reviewed the application for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below. Parks Division Parks Division has no involvement Facilities Division Facilities Division has no involvement Streets Division Streets Division has no involvement RISK MANAGER (619) 336-4370 Looks like all they need to do is provide us their insurance certificate and endorsement showing the City of National City as an additional named insured. DEVELOPMENT SERVICES (619) 336-4380 The Development Services Department has no comments on the Temporary Use Permit application for Westfield's Circus Vargas, 2011. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. CC/CDC-HA Agenda 12/2/2014 — Page 153 The following page(s) contain the backup material for Agenda Item: Status report on the YMCA Maintenance and Operating Agreement for Las Palmas Pool and Camacho Gym Recreation Center and direction on future options. (Community Services) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATL: December 2, 2014 AGENDA ITEM NO. ITEM TITLE: 'Status report on the YMCA Maintenance and Operating Agreement for Las Palmas Pool and Camacho Gym Recreation Center and seeking direction on future options. PREPARED BY: ;Brad Raulston, Executive Director PHONE: Ext. 4256 EXPLANATION: See attached. DEPARTMENT: C APPROVED BY: ►` unity ervices FINANCIAL STATEMENT: ACCOUNT NO. 1N/A ENVIRONMENTAL REVIEW: jN/At ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: BOARD 1 COMMISSION RECOMMENDATION: ATTACHMENTS: 1 Staff Report 2. Operating Agreement 3. Staff Report (5/7/13) 4. PowerPoint Presentation (5/7/13) 5. PowerPoint Presentation (9/3/13) 6. Letter -Termination of Operating Agreement (7/22/14) Attachment #1 Staff Report Status Report on the YMCA Maintenance and Operating Agreement for Las Palmas Pool and Camacho Gym Recreation Center and Seeking Direction on Future Options Summary On July 22, 2014 the City received d terniiriation notice from the YMCA per the ierrrrs of the Operating Agreement for the Las Palmas Pool and Camacho Gym. The 180-day termination clause would give the YMCA the right to vacate the facilities and cease operations on February 1, 2015. Over the past several months, City staff has been working with the YMCA to provide City Council with options moving forward. The City Council will provide direction to staff based on a staff report that will be completed and published next week and heard at the December 2, 2014 City Council meeting. The staff report is providing three options for the City Council's consideration. Three Options are as follows: YMCA Pilots 5 Month Summer Schedule with Subsidy (YMCA Option 2) The City and YMCA amend the current agreement to a modified 5-month schedule (June -Oct) on a trial basis. Open swim and gym would be offered to National City residents at no cost. Operations would be closed and reassessed in November/December 2015 after 5-month pilot period to analyze effect and determine best future course. Cost to City would be approximately $300k from the General Fund. YMCA Maintains 12 Month Schedule with Increased Subsidy (YMCA Option 1) YMCA would continue to operate the pool and gym under the current terms and conditions of the existing agreement. Cost to the City would be approximately $450k from the General Fund. City Assumes Operations with Transition Plan City management would hire staff to assume operations. It is estimated that this process would take 6 months and would cost a minimum of $600k per fiscal year. Incremental costs would be necessary depending on programming and pricing. Estimated costs of operations at the time of the transition to the YMCA were $613,840. 5 month transition would require cooperation of YMCA or closure of operations until City is properly staffed to assume operations. These are a general summary of the options and further details would be included in an amendment to the operating agreement based on direction by the City Council. PRAB Recommendation The Parks and Recreation Advisory Board recommend the City enter into a modified five month schedule with the YMCA to operate the Las Palmas Pool and the Camacho Gym Recreation Center on a trial basis. All open swim and gym sessions would be offered to National City residents at no cost. Both facilities would operate from June through October and during year round school breaks. At the conclusion of the five month trial the City and YMCA would conduct a cost -benefit analysis and bring forward recommendations for future operations that will have the greatest impact on residents. 1 Background In 2007, National City established its Strategic Plan with goals to improve quality of life and to achieve fiscal sustainability. To achieve fiscal sustainability, the strategic plan action 2C states, "Partner with Community Organizations and Aggressively Seek Funding from Local, State, & Federal Sources." To improve quality of life, strategic goal 3 actions include, "Continue to Provide Recreational Programs and Community Services, Maintain Existing Parks and Public Facilities and Find Funding to Construct Park Master Plans." Due to the economic downturn and budgetary reductions, the Community Services Department began working with minimal resources to try and sustain all of the programs and recreation opportunities for the community. The reduction in staffing and resources has led to reduced recreation center hours and programming for our residents as well as rising deferred maintenance costs. Strategic partnerships were explored and formed in attempts to maintain service levels. A partnership with the YMCA was an opportunity for the City not only to expand access to the pool and the gym, but also to save operating costs and resolve the deferred maintenance for the facilities. The YMCA remains committed to structuring their pricing to fit National City resident needs including offering scholarships for all families who qualify which is part of their national model. The City has established partnerships and Council decisions have created the opportunity to expand partnerships to sustain programs. Established partnerships include ARTS and the Greater San Diego Boys and Girls Club in Kimball Park and the YMCA of San Diego County -South Bay Branch (Aquatics Center) in Pepper Park. The City and the YMCA successfully negotiated a maintenance and operations agreement to include programs, pricing, maintenance, employee transition, deferred maintenance and more based on feedback from the parks ad hoc committee and PRAB. On Thursday, January 17' the YMCA presented their program plan to PRAB. PRAB voted unanimously to support the partnership with the YMCA at Las Palmas Park. A transition agreement was approved by City Council in March and the current operating agreement was approved in October of 2013. At the time of entering into the agreement it was estimated that his would create a total offset of approximately $613,840 in FY 13-14. The additional annual costs to the City would be personnel costs of $134,414 and ongoing deferred maintenance costs. See the budget analysis below for more detail. Community Services Transition Plan Budget Analysis 2013 Utilltiesipverhead Personnel (Reo•PT) Personnel(Rto.FIT' M & 0 (PW) M "& 0. 4.1ter revenue, Totals Recnaat on"t ivision 134,414 f)(i 134414 Came ate $49,260 $86,273' ' : .$9.041 $14?:964 LasPalmas Pool $2OO 00 S127:962 :" .., %,0° $t1:Apb ' f 1." V) $331,462 . .... ,l '.."$613,840 *Cost to fill 2 frozen fu I time recreation supervisor positions After the YMCA assumed full operation of the facilities they were unable to achieve the internal financial targets they set for the operation. This lead to the aforementioned termination letter that was received by the City in July of 2014. The main challenge for the YMCA has been meeting revenue targets for programs, memberships, and fundraising. The following chart from the YMCA provides details on the planned versus actual operations to date and the full -year (status quo) and 5-month pilot schedule scenarios being proposed in this staff report. NATIONAL CITY YMCA (Figures provided by YMCA) Planned Actual Y's Planned Operations Operations Investment Option 1 Option 2 Projected Members 450 751 Membership Revenue $ 55,338 $ 21,018 $ 175,684 $ 13,000 $ 3,750 Program Revenue $ 73,960 $ 53,525 $ 116,487 $ 7,500 $ 6,250 Total Revenue $ 129,298 $ 74,543 $ 292,171 $ 20,500 $ 10,000 Facilities Maintenance $ 53,200 $ 139,373 $ 81,834 $ 6,000 $ 2,500 Staffing costs $ 163,706 $ 295,591 $ 262,749 $ 289,640 $ 178,670 Other $ 35,191 $ 58,897 $ 55,418 $ 33,694 $ 20,856 Total expense $ 252,097 $ 493,861 $ 400,001 $ 329,334 $ 202,026 Net $ (122,799) $ (419,318) $ (107,830) $ (308,834) $ (192,026) Option 1 Operations continue for the full fiscal year of 2014-2015. Hours of operations are as follows. This will require a subsidy* of $201,004 by the city plus maintenance and utilities. July 6:30am-7pm August 6:30am-1:30pm Mon -Sat September 6:30am-7pm October -May 6:30am-1:30pm Mon -Sat June 6:30am-7pm Includes FREE Open Swim and Open Gym for National City Residents Option 2 Operations continue for 5 months of the fiscal year. Hours of operations are as follows. This will require a subsidy* of $84,196 by the city plus maintenance and utilities. July 6:30am-7pm August 6:30am-1:30pm September 6:30am-7pm October -April closed May 6:30am-1:30pm June 6:30am-7pm Includes FREE Open Swim and Open Gym for National City Residents *The required subsidies are in addition to facilities maintenance costs which are to be assumed by the city. Costs for the last year amount to $213,384 which includes custodial, chemicals, and utilities 3 Staff Recommendation: Staff recommends supporting Option 2 proposed by the YMCA with slight modification proposed by the Parks and Recreation Advisor Board. PRAB recommends the City enter into a modified five month schedule with the YMCA to operate the Las Palmas Pool and the Camacho Gym Recreation Center on a trial basis. All open swim and gym sessions would be offered to National City residents at no cost. Both facilities would operate from June through October. The slight modification is to require the YMCA operate the facilities during year round school breaks through camps and other programs that would be available to National City students. At the conclusion of the five month trial the City and YMCA would conduct a cost -benefit analysis and bring forward recommendations for future operations that will have the greatest impact on residents. 4 Attachment I, OPERATING AGREEMENT LAS PALMAS POOL AND CAMACHO GYM RECREATION CENTER This Operating Agreement is entered into between the CITY OF NATIONAL CITY, a municipal corporation (CITY), and YMCA OF SAN DIEGO COUNTY, a California nonprofit, public benefit corporation (YMCA), (collectively, the Parties) with reference to the following facts: RECITALS A. CITY owns the real property commonly known as Las Palmas Park, located in proximity to Newell Street, between 20th Street and 22nd Street, National City, California, as further described in Exhibit A and depicted on Exhibit B (the Park). B. YMCA is an experienced human services organization, nationally recognized in aquatics operations and wellness activities, and a well -respected charity in the greater San Diego community. C. CITY wishes to have YMCA operate those portions of the Park known as the Las Palmas Pool and the Camacho Gym Recreation Center with YMCA programs serving the local community. NOW, THEREFORE, in consideration of the foregoing facts, and in consideration of the promises and covenants hereinafter set forth, the parties agree as follows: ARTICLE 1 TERM OF AGREEMENT 1.1 Term. The term of this Operating Agreement shall be Five (5) years, commencing on the first day of the calendar month immediately following full execution of this Operating Agreement (the Commencement Date) and terminating on the anniversary of the Commencement Date five years thereafter. The Commencement Date shall be memorialized in writing and such document shall be executed by both parties. 1.2 ®ntion to Extend Term. If YMCA is not in default of any provision of this Operating Agreement upon the expiration of the Term, YMCA may elect to extend the term of this Operating Agreement for up to one additional five (5) year term. Should either party seek to extend the term of this Operating Agreement after the initial five (5) year extension, the parties may do so only upon mutual agreement. 1.3 Option to Terminate. YMCA shall have the option to terminate this Operating Agreement, without cause, at any time after the first twelve (12) months after the Commencement Date upon one -hundred eighty (180) days written notice to CITY. The City shall have the option to terminate this Operating Agreement with cause, upon compliance with the notice of default provision in Article 12. 1 Las Palmas Park Operating Agmt Between City and YMCA 10.15.13 1.4 Annual Reporting by YMCA. YMCA shall provide annual reports to the City denoting National City participant numbers, total participant numbers, events coordinated, capital projects completed, total joint use time, budget, next year operating and maintenance plan and fee schedule, and any other pertinent statistics. YMCA shall provide City a written report on the first ninety (90) days of operation within the first six months of this Operating Agreement, which report shall include the same information as required in the annual report. ARTICLE 2 PREMISES 2.1 Delivery of Possession. For the purpose of operating the Las Palmas Pool and the Camacho Gym Recreation Center (the Premises) for the benefit of the citizens of National City, CITY shall deliver exclusive possession of the Premises to YMCA, subject to the covenants and conditions hereinafter set forth, on the Commencement Date. 2.2 Ownership of Personal Property and Improvements. The rights and obligations of the parties regarding the ownership of personal property and improvements on the Premises shall be as follows: 2.2.1 Ownership of Personal Property. All improvements existing on the Premises (Improvements), together with all fixtures permanently attached to the Premises (Fixtures), as of the Commencement Date shall remain the property of CITY during the Term. YMCA shall not remove any Improvements or Fixtures from the Premises nor waste, destroy, or modify any Improvements or Fixtures on the Premises, except as permitted by this Operating Agreement. 2.2.2 Ownership of Improvements and Fixtures. All of YMCA's furniture, furnishings, signs, and other personal property not permanently affixed to the Premises (Personal Property) shall remain the property of YMCA. YMCA shall, at its expense, repair any damage occasioned to the Premises or any Improvements by reason of the removal of any Personal Property. ARTICLE 3 PERMITTED USE 3.1 Permitted Uses. YMCA shall operate the Premises by providing for and facilitating the activities listed on the attached Exhibit C, which may be amended or replaced from time -to -time by agreement of the authorized representatives of the parties. 3.2 Use by Others. The YMCA may allow short term use of the Premises to other groups or organizations, subject to fees as imposed by YMCA. YMCA agrees to work with the Lions Club of National City to accommodate the OneSight annual program historically held at the Camacho Gym Recreation Center. 3.3 Consideration. YMCA's performance under this Operating Agreement shall serve as the sole consideration due CITY for YMCA's right to use and operate the Premises. YMCA may, in its sole discretion, charge for the use of the Premises and retain any and all remuneration collected. 2 Las Palmas Park Operating Agmt Between City and YMCA 10.15.13 3.4 CITY Residents. Participants seeking day use of the Premises who prove to YMCA's satisfaction that they are Residents of CITY shall not be required to become members of YMCA and shall be offered day use at a reduced rate. 3.5. Financial Assistance. As a charitable organization, YMCA offers financial assistance to qualified participants subject to the availability of funds. YMCA shall extend financial assistance to participants at the Premises under the same terms and conditions as applied to other YMCA facilities 3.6 Compliance with Laws. YMCA, at its sole expense, shall procure, maintain and hold available for CITY's inspection any governmental license or permit required for the proper and lawful conduct of YMCA's operation of the Premises. YMCA shall not use the Premises for any use or purpose in violation of the laws of the United States of America, or the laws, ordinances, regulations, orders or requirements of the State of California, the County of San Diego, the CITY, or of other lawful authorities. YMCA shall, at its expense, comply promptly with all applicable statutes, laws, ordinances, rules, regulations, orders, covenants and restrictions of record, and requirements in effect during the Term (Laws or Orders), regulating the use by YMCA of the Premises. 3.7 CITY Employees and Contract Instructors. All CITY employees and contract instructors currently working at the Premises who formally apply for employment with the YMCA for work at the Premises will be given due consideration and are guaranteed an interview. ARTICLE 4 UTILITIES 4.1 Utility Services. YMCA shall be responsible for maintaining utility services to the Premises, and shall provide and pay for all utilities or services necessary for its use and operation of the Premises during the Term, including but not limited to gas, water, electlicity, trash, sewer charges and telephone. YMCA shall pay directly to the applicable utility company such charges, and CITY shall have no obligation to pay for such utility services. ARTICLE 5 REPAIRS; MAINTENANCE 5.1 YMCA's Repair and Maintenance Obligations. YMCA acknowledges that it has made a thorough inspection of the Premises and that it accepts the Premises "as -is" as of the Commencement Date, subject to the Iist of deferred maintenance items, attached as Exhibit D. To remediate some of those deferred maintenance items, Crx `I shall deposit with YMCA the sum of Two Hundred Fifty Thousand Dollars ($250,000.00) on the Commencement Date. YMCA shall pay for the costs of remediation of as many items on Exhibit D as it, in its sole discretion, deems possible using all of the deposited funds. YMCA shall give safety of the public the highest priority in deciding what items to remediate. YMCA shall expend the deposited funds no later than nine (9) months following the Commencement Date. YMCA shall provide an 3 Las Palmas Park Operating Agmt Between City and YMCA 10.15.13 accounting of all expenditures made related to the remediation of the deferred maintenance items within 30 days following the exhaustion of the deposited funds, but in any event, no later than 12 months following the Commencement Date. YMCA shall provide receipts, documents, and/or contracts for all remediation using CITY funds upon request by CITY. YMCA shall comply with all applicable state and/or local procurement and contracting requirements. Thereafter, YMCA shall, at its own cost and expense, repair, maintain in good and tenantable condition, ordinary wear and tear excepted, and replace, as necessary, the Premises; provided, however, that the sum of such costs and expenses shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) during the Term, and shall not exceed Fifty Thousand Dollars ($50,000.00) during any one year of the Term. YMCA's obligations hereunder shall apply regardless of whether the repairs, restorations, and replacements are ordinary or extraordinary, foreseeable or unforeseeable, capital or noncapital, or the fault or not the fault of YMCA, its agents, employees, invitees, visitors, or contractors. All replacements made by YMCA shall be of like size, kind, and quality to the items replaced. 5.2 CITY's Right to Inspect; CITY Not Obligated to Repair or Maintain. YMCA shall permit CITY to enter the Premises at all times during usual hours of operation to inspect the same, provided, however, that such entry shall not unreasonably interfere with YMCA's operation of the Premises. Nothing contained in this Article 5, however, shall be construed as creating any duty on the part of CITY to do any work which, under any provision of this Operating Agreement, YMCA may be required to do. 5.3 Prevailing Wages. YMCA shall, as obligated by law, pay prevailing wages for work performed on the Premises. ARTICLE 6 . ALTERATIONS 6.1 Alterations. YMCA may, at its sole cost and expense, make such alterations, replacements, additions, or changes to the Premises, or may construct additional improvements on the Premises, as YMCA may find necessary or convenient for its operation of the Premises in accordance with construction plans submitted to and approved by the CITY. 6.2 Construction Permits and Licenses. YMCA shall procure, at its sole cost and expense, all permits and licenses that are or may now or in the future become necessary or required from any local governmental agency for the proposed construction of any Alterations. 6.3 As -Built Plans. Within sixty (60) days following a request from the CITY, YMCA, its Engineer or Architect shall furnish CITY with a complete set of "As -Built" plans of any Alteration. 4 Las Palmas Park Operating Agmt Between City and YMCA 10.15.13 ARTICLE 7 MECHANICS` TURNS; STOP NOTICES 7.1 Mechanics' Liens: Stop Notices. YMCA shall pay, or cause to be paid, the total cost and expense of all works of improvement, as that phrase is defined in the Mechanics Lien Law in effect at the place of construction, done by it, or caused to be done by it, on the Premises, and for all materials furnished for or in connection with any such work. If any lien or stop notice is filed against the Premises, YMCA shall cause the lien or stop notice to be discharged of record within one hundred eighty (180) days after it is filed. YMCA shall indemnify, defend, and hold CITY harmless from any and ail liability, loss, damage, costs, attorneys' fees and. all other expenses on account of claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished for YMCA or persons claiming under YMCA. 7.2 Notice of Lien or Stop Notice. Should any claim of lien or stop notice related to YMCA's work of improvement of the Premises be filed against the Premises or any action be filed against the Premises or any action affecting the title to such property be commenced, the party receiving notice of such lien or stop notice or action shall immediately give the other party written notice thereof. 7.3 Notice of Nonresponsibility. CITY or its representatives shall have the right to post and keep posted on the Premises notices of nonresponsibility or such other notices which CITY may deem to be proper for the protection of CITY's interest in the Premises. YMCA shall, before the commencement of any work which might result in any such lien or stop notice, give to CITY written notice of its intention to do so in sufficient time to enable posting of such notices. ARTICLE 8 TAXES 8.1 Definition. "Taxes" shall mean all taxes, governmental bonds, special assessments, charges, or transfer taxes, license and transaction fees, including, but not limited to, (i) any state, Local, federal income tax, or any real or personal property tax, (ii) increases in taxes attributable to YMCA's operation of the Premises, or (iii) any taxes which are essentially payments to a governmental agency, other than CITY, for the right to make improvements to the Premises. YMCA recognizes and agrees that this agreement may create a possessory interest subject to property taxation and that YMCA may be subject to the payment of taxes levied on such interest. YMCA agrees to pay, before delinquency, all taxes, assessments and fees assessed or levied upon the Premises. 8.2 Responsibility for Payment of Taxes. CITY shall not be obligated to pay any Taxes accruing against YMCA on the Premises or any interest of YMCA therein before, during the Term, or any extension thereof; all such payments shall be the sole responsibility of YMCA. In addition, YMCA shall be solely responsible for payment of any Taxes levied upon any Improvements, Fixtures or Personal Property located on the Premises, to the extent that such Taxes result from the operations or other activities of YMCA upon, or in connection with, the Premises. 5 Las Palmas Park Operating Agmt Between City and YMCA 10.15.13 ARTICLE 9 INDEMNIFICATION AND INSURANCE 9.1 YMCA's Indemnity. CITY shall not be liable for, and YMCA shall defend and indemnify CITY and the employees and agents of CITY (CITY Parties), against any and all claims, liability, damages, or costs (Claims) related to YMCA's improvement, operation or use of the Premises and arising either directly or indirectly from any act, error, omission or negligence of YMCA or its contractors, licensees, invitees, members, agents, servants or employees. YMCA shall have no obligation, however, to defend or indemnify CITY Parties from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of CITY Parties. 9.2 CITY's Indemnity. YMCA shall not be liable for, and CITY shall defend and indemnify YMCA and the employees and agents of YMCA (YMCA Parties), against any and all claims, liability, damages, or costs (Claims) related to CITY's improvement, operation, or use of the Park, excluding the Premises, and arising either directly or indirectly from any act, error, omission or negligence of CITY or its contractors, licensees, invitees, members, agents, servants or employees. The CITY shall have no obligation to defend or indemnify YMCA Parties for Claims related to the Premises. CITY shall have no obligation, however, to defend or indemnify YMCA Parties from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of YMCA Parties. 9.3 Covered Claims. The obligations of YMCA and CITY hereunder to indemnify, defend and hold each other harmless shall not apply to the extent that insurance carried by YMCA or CITY, other than any program of self-insurance carried by either party, covers any Claim. 9.4 Insurance Obligations. The YMCA, at its sole cost and expense, shall purchase and maintain, when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. n If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be. provided. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". 6 Las Palmas Park Operating Agmt Between City and YMCA 10.15.13 D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of YMCA's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If YMCA has no employees subject to the California Workers' Compensation and Labor laws, YMCA shall execute a Declaration to that effect. Said Declaration shall be provided to YMCA by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the YMCA shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A VYII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY' S Risk Manager. If the YMCA does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. ARTICLE 10 HAZARDOUS MATERIALS 10.1 Hazardous Materials Laws -Definition. As used in this Article, the term "Hazardous Materials' Laws" means any and all federal, state or local laws or ordinances, rules, decrees, orders, regulations or court decisions (including the so-called "common law"), including without limitation the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C.; sec.9601 et seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C., sec.1801 et seq.), and the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C., sec. 6901 ct seq.), relating to hazardous substances, hazardous 7 Las Palmas Park Operating Agmt Between City and YMCA 10.15.13 materials, hazardous waste, toxic substances, environmental conditions on, under or about the Premises, soil and ground water conditions or other similar substances or conditions. 10.2 Hazardous Materials - Definition. As used in this Section the term "Hazardous Materials" means any chemical, compound, material, substance or other matter that: a. is a flammable, explosive, asbestos, radioactive nuclear medicine, vaccine, bacteria, virus, hazardous waste, toxic, overtly injurious or potentially injurious material, whether injurious or potentially injurious by itself or in combination with other materials; b. is controlled, referred to, designated in or governed by any Hazardous Materials Laws; c. gives rise to any reporting, notice or publication requirements under any Hazardous Materials Laws, or d. is any other material or substance giving rise to any liability, responsibility or duty upon the CITY or YMCA with respect to any third person under any Hazardous Materials Law. 10.3 YMCA's Representations and Warranties. YMCA represents and warrants that, during the Term or any extension thereof, YMCA shall comply with the following provisions of this Section unless otherwise specifically approved in writing by CITY, subject to the terms and conditions of YMCA's maintenance obligations provided elsewhere in this Operating Agreement: a. YMCA shall not cause or permit any Hazardous Materials to be brought, kept or used in or about the Premises by YMCA, its agents, employees, assigns, contractors or invitees, except as required by YMCA's permitted use of the Premises in the normal course of operations; b. Any handling, transportation, storage, treatment or usage by YMCA of Hazardous Materials that is to occur on the Premises following the Commencement Date shall be in compliance with all applicable Hazardous Materials Laws; c. Any leaks, spills, release, discharge, emission or disposal of Hazardous Materials which may occur on the Premises following the Commencement Date shall be promptly and thoroughly cleaned and removed from the Premises by YMCA at its sole expense, and any such discharge shall be promptly reported in writing to CITY, and to any other appropriate governmental regulatory authorities; d. No friable asbestos shall be constructed, placed on, deposited, stored, disposed of, or located by YMCA in the Premises; e. No underground improvements, including but not limited to treatment or storage tanks, or water, gas or oil wells shall be located by YMCA on the Premises without CITY's prior written consent; f. YMCA shall conduct and complete all investigations, studies, sampling, and testing procedures and all remedial, removal, and other actions necessary to clean up and remove all Hazardous Materials on, from, or affecting the Premises in accordance with all applicable Hazardous Materials' Laws and to the satisfaction of CITY; g. YMCA shall promptly supply CITY with copies of all notices, reports, correspondence, and submissions made by YMCA to the United States Environmental Protection Agency, the United Occupational Safety and Health Administration, and any other local, state or federal authority which requires submission of any information concerning environmental matters or hazardous wastes or substances pursuant to applicable Hazardous Materials' Laws; and 8 Las Palmas Park Operating Agmt Between City and YMCA 10.15.13 h. YMCA shall promptly notify CITY of any liens threatened or attached against the Premises pursuant to any Hazardous Materials' Law. If such a lien is filed against the Premises, then, within the earlier of (i) twenty (20) days following such filing, or (ii) before any governmental authority commences proceedings to sell the Premises pursuant to the lien, YMCA shall either: (a) pay the claim and remove the Iien from the Premises, or (b) furnish either (1) a bond or cash deposit reasonably satisfactory to CITY in an amount not less than the claim from which the lien arises, or (2) other security satisfactory to CITY in an amount not less than that which is sufficient to discharge the claim from which the lien arises. At the end of this Operating Agreement, YMCA shall surrender the Premises to CITY free of any and all Hazardous Materials and in compliance with all Hazardous Materials' Laws affecting the Premises. ARTICLE 11 ASSIGNMENT 11.1 CITY's Consent Required. YMCA shall not voluntarily or involuntarily assign or otherwise transfer all or any portion of its rights and duties under this Operating Agreement without CITY's prior written consent. Any attempted assignment or transfer without CITY's prior written consent shall be void. ARTICLE 12 DEFAULTS BY YMCA; REMEDIES 12.1 Events of Default; Remedies. If YMCA neglects or fails to perform or observe any of its obligations under the terms, covenants, or conditions contained in this Operating Agreement within thirty (30) days after written notice of default or, when more than thirty (30) days shall be required because of the nature of the default, if YMCA fails to cure such default after written notice thereof, then YMCA shall be liable to CITY for any and all damages sustained by CITY as a result of YMCA's breach and CITY may terminate this agreement. ARTICLE 13 DEFAULTS BY CITY; REMEDIES 13.1 Events of Default; Remedies. If CITY neglects or fails to perform or observe any of its obligations under the terms, covenants, or conditions contained in this Operating Agreement within thirty (30) days after written notice of default or, when more than thirty (30) days shall be required because of the nature of the default, if CITY fails to cure such default after written notice thereof, then CITY shall be liable to YMCA for any and all damages sustained by YMCA as a result of CITY's breach and YMCA may terminate this agreement. ARTICLE 14 ABANDONMENT 14.1 Abandonment. YMCA shall not vacate or abandon the Premises at any time during the Term nor permit the Premises to remain unoccupied for a period of longer than five (5) 9 Las Palmas Park Operating Agmt Between City and YMCA 10.15.13 consecutive days during the term of this Operating Agreement. These provisions shall not apply if the Premises are closed and operation is temporarily discontinued therein on account of strikes, lockouts, or similar causes beyond the reasonable control of YMCA. ARTICLE 15 DAMAGE OR DESTRUCTION 15.1 YMCAs Duty to Repair Casualty. Except as provided in this article and subject to the terms and conditions of YMCA's maintenance obligations provided elsewhere in this Operating Agreement, should the Premises be damaged by fire, earthquake, or any other identifiable event of a sudden, unexpected, or unusual nature (Casualty), YMCA, at YMCA's sole cost and expense, shall, as expeditiously as reasonably possible, repair any damages to the Premises, and repair, restore and replace any such damaged or destroyed Fixtures, Improvements or Personal Property. 15.2 Construction Provisions. In the event of any reconstruction of the Premises, Fixtures or Improvements required of YMCA pursuant to this Article, YMCA shall repair the Premises, and repair or rebuild such Fixtures and Improvements, to substantially the same condition they were in immediately preceding such Casualty. 15.3 No Abatement. In the event of reconstruction, replacement or repair by YMCA pursuant to this Article, YMCA shall continue its operations on the Premises during any such period to the extent reasonably practicable from the standpoint of prudent business management, and in continuing compliance with applicable laws and regulations. YMCA shall not be entitled to any compensation or damages from CITY for loss of use of the whole or any part of the Premises, YMCA's Personal Property, or any inconvenience or annoyance occasioned by such damage, reconstruction or replacement. 15.4 Major Destruction. Notwithstanding any of the foregoing provisions of this Article to the contrary, if, at any time after the Commencement Date, (i) the Improvements are damaged or destroyed to the extent of more than twenty-five percent (25%) of their replacement cost, or (ii) the damage is such that the Improvements cannot be repaired and restored within one hundred and eighty (180) days after the Casualty, then YMCA shall have the right to terminate this Operating Agreement upon thirty (30) day& prior written notice to CITY. ARTICLE 16 EMINENT DOMAIN 16.1 Condemnation. If all of the Premises is taken under eminent domain proceedings by a party other than CITY, or, if less than all of the Premises is taken under such proceeding and the part taken substantially impairs the ability of YMCA to use the remainder of the Premises for the purposes permitted by this Operating Agreement, then YMCA may terminate this Operating Agreement as of the date that the condemning authority takes possession by delivery of written notice of such election within twenty (20) days after YMCA has been notified of the taking or, in 10 Las Palmas Park Operating Agmt Between City and YMCA 10.15.13 the absence thereof, within twenty (20) days after the condemning authority shall have taken possession. 16.2 Continuation of Operating Agreement After Condemnation. If this Operating Agreement is not terminated by YMCA, it shall remain in full force and effect as to any portion of the Premises remaining, and this Operating Agreement will end as of the date possession of the part taken by the public entity as to the part of the Premises that is taken. 16.3 Award. All monies awarded in any condemnation shall belong to the CITY. CITY shall have no liability to YMCA for any award not provided by the condemning authority. ARTICLE 17 SALE OR MORTGAGE BY CITY 17.1 Sale or Mortgage. Subject to YMCA's rights under this Operating Agreement, CITY may, pursuant to existing and subsequently enacted CITY ordinances and State laws, at any time and without the consent of YMCA, sell, purchase, exchange, transfer, assign, lease, encumber or convey CITY's interest in whole or in part, in the Park (collectively referred to in this Article as a "Sale"). CITY shall provide to YMCA written notice of CITY's intent to a Sale pursuant to this Article at least ninety (90) days prior to said proposed transfer. 17.2 Release on Sale. From and after a Sale of CITY's entire interest in the Premises, CITY shall be release from all liability to YMCA and YMCA's successors and assigns arising from this Operating Agreement because of any act, occurrence or omission of CITY occurring after such Sale. 17.3 Right of First Refusal. Should CITY enter into a contract for a Sale, YMCA shall have the first right to take the place of the purchaser in such transaction. Should YMCA decline to exercise its right under this provision, and CITY thereafter modify any of the terms of the Sale, YMCA's right under this provision shall be to the modified Sale, and shall continue with any subsequent modification ARTICLE 18 SUBORDINATION; ATTORN 4ENT 18.1 Subordination. Without the necessity of any other document being executed and delivered by YMCA, this Operating Agreement is and shall be junior, subject and subordinate to any existing or future permits or approvals issued by the United States of America or any local, State or federal agency affecting the control or operation of the Premises; YMCA shall be bound by the terms and provisions of such permits or approvals. In addition, this Operating Agreement is and shall also be subject, subordinate and junior to all mortgages, deeds of trust, and other security instruments of any kind covering the Premises, or any portion thereof, as of the Commencement Date of this Operating Agreement. 18.2 Attainment. If any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgage or deed of trust made by CITY covering the 11 Las Palmas Park Operating Agmt Between City and YMCA 10.15.13 Premises, YMCA shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as owner under this Operating Agreement. The CITY and any successor in interest to CITY shall not unreasonably impair, harass, or interfere with the business operations of YMCA on the Premises during the foreclosure process or upon taking ownership of the underlying fee title of said Premises. ARTICLE 19 CITY'S RIGHT OF ACCESS 19.1 Right of Entry. CITY, its agents, employees, and contractors may enter the Premises at any time in response to an emergency, and, at reasonable hours, upon prior reasonable notice to YMCA, to (a) inspect the Premises and Improvements; (b) determine whether YMCA is complying with its obligations in this Operating Agreement (including its obligations with respect to compliance with Hazardous Materials Laws); (c) post notices of nonresponsibility or similar notices; (d) inspect the progress of construction of any improvement; or (e) make repairs that this Operating Agreement requires or allows CITY to make, or make repairs to any adjoining space or utility services, or make repairs, alterations, or improvements to any other portion of the Premises; provided, however, that all work will be done as promptly as reasonably possible and so as to cause as little interference to YMCA as reasonably possible. ARTICLE 20 NOTICES 20.1 Notices. Whenever in this Operating Agreement it shall be required or permitted that notice or demand be given or served by either party to this Operating Agreement to or on the other, such notice or demand shall be in writing, mailed or personally delivered to the other party at the addresses specified below. Mailed notices shall be sent by United States Postal Service, postage prepaid and shall be deemed to have been given, delivered and received three (3) business days after the date 'such notice or other communication is posted by the United States Postal Service. All other such notices or other communications shall be deemed given, delivered and received upon actual receipt. Either party may, by written notice delivered pursuant to this provision, at any time designate a different address to which notices shall be sent. Lessor: CITY OF NATIONAL CITY City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 Lessee: YMCA OF SAN DIEGO COUNTY President YMCA of San Diego County 3708 Ruffin Road San Diego, CA 92123-1812 12 Las Palmas Park OperatingAgmt Between City and YMCA 10.15.13 ARTICLE 21 NONDISCRIMINATION 21.1 Nondiscrimination. YMCA hereby covenants by and for itself, its successors, assigns and all persons claiming under or through it, that this Operating Agreement is made and accepted upon and subject to the condition that there shall be no discrimination against, or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the use, operation, or enjoyment of the Premises. ARTICLE 22 RECORDS, ACCOUNTS AND AUDITS 22.1 YMCA's Duty to Keep Records. YMCA shall, at all times during the Term, and for a period of five (5) years following expiration or earlier termination of this Operating Agreement, keep or cause to be kept, true and complete books, records and accounts of all (i) construction undertaken pursuant to the rights conferred on YMCA under this Operating Agreement, and (ii) financial transactions in the operation of all business activities, of whatever nature, conducted pursuant to the rights granted by this Operating Agreement. Such records shall also include the source and disposition of all trash and other waste collected and disposed of by YMCA in the operation of its business. Said records must be supported by source documents such as sales slips, cash register tapes, purchase invoices or other nertinent documents- 22.2 CITY's Right to Audit. All YMCA's books or accounts and records shall be kept and made available at one location within the limits of the County of San Diego. CITY shall have the right at any reasonable time to examine and perform audits of YMCA's records pertaining to (i) construction undertaken pursuant to the rights conferred on YMCA under this Operating Agreement, and (ii) its operations on the Premises, including, without limitation, any records pertaining to YMCAs use of utilities on the Premises. The cost of said audits shall be borne by CITY; however, YMCA shall provide to CITY at YMCA's expense, necessary data to enable CITY to fully comply with each and every requirement of the State of California or by the United States of America for information or reports relating to this Operating Agreement and to YMCA's use of the Premises. ARTICLE 23 GENERAL PROVISIONS 23.1 Authority. YMCA represents and warrants that it has full power and authority to execute and fully perform its obligations under this Operating Agreement pursuant to its governing instruments, without the need for any further action, and that the person executing this Operating Agreement on behalf of YMCA is the duly designated agent of YMCA and is authorized to do so. 23.2 Captions. The captions and headings appearing in this Operating Agreement are inserted for convenience only and in no way define, limit, construe, or describe the scope or intent of the provisions of this Operating Agreement. 13 Las Palmas Park Operating Agmt Between City and YMCA 10.15.13 23.2 CITY Approval. Except where stated herein to the contrary, the phrases "CITY's approval," and "CITY's written approval" or such similar phrases shall mean approval of the City Manager of National City or said person's representative as authorized by said person in writing, which approval shall not be unreasonably withheld. 23.2 Cumulative Remedies. In the event of a default under this Operating Agreement, each party's remedies shall be limited to those remedies set forth in this Operating Agreement; any such remedies are cumulative and not exclusive of any other remedies under this Operating Agreement to which the non -defaulting party may be entitled. 23.3 Entire Agreement. This Operating Agreement, together with all addenda, exhibits and riders attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior or contemporaneous agreements, understandings and representations, oral or written, are superseded. 23.4 Exhibits. All exhibits referred to herein are attached hereto and incorporated by reference: Exhibit A: Description of the Park Exhibit B: Map of the Premises Exhibit C: Schedule of Proposed Programs Exhibit D: Deferred Maintenance 23.5 Force Majeure. If either party is prevented or delayed from performing any act or discharging any obligation hereunder, because of any and all causes beyond either party's reasonable control, including unusual delays in deliveries, abnormally adverse weather conditions, unavoidable casualties, strikes, labor disputes, inability to obtain labor, materials or equipment, acts of God, governmental restrictions, regulations or controls, any hostile government actions, civil commotion and fire or other casualty, legal actions attacking the validity of this Operating Agreement or the CITY's or YMCA's operations of the Premises, or any other casualties beyond the reasonable control of either party ("Force Majeure"), performance of such act shall be excused for the period of such delay, and the period for performance of such act shall be extended for a period equivalent to the period of such delay. Force Majeure shall not include any bankruptcy, insolvency, or other financial inability on the part of either party hereto. 23.6 Governing Law. This Operating Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. 23.7 Independent Contractor. YMCA acknowledges that it is an independent contractor; that it alone retains control of the manner of conducting its activities in furtherance of this Operating Agreement; and that it, as well as any persons, contractors or agents it may employ, are not employees of CITY for any purpose. 14 Las Palmas Park Operating Agmt Between City and YMCA 10.15.13 23.8 Interpretation. The provisions of this Agreement shall be liberally construed to effectuate its purpose. The language of all parts of this Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either party. 23.9 YMCA's Operating Agreement Administration. YMCA confirms that YMCA's Operating Agreement Administrator has been given full operational responsibility for compliance with the terms of this Operating Agreement. YMCA shall provide CITY with a written schedule of its normal hours of business operation on the Premises, and YMCA's Operating Agreement Administrator or a representative designated thereby shall be available to CITY during YMCA's normal business hours, to resolve problems or answer question pertaining to this Operating Agreement and YMCA's operations on the Premises. 23.10 Modification. The provisions of this Operating Agreement may not be modified, except by a written amendment signed by both parties. 23.11 Partial Invalidity. If any provision of this Operating Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Operating Agreement shall not be affected thereby. Each provision shall be valid and enforceable to the fullest extent permitted by law. 23.12 Successors & Assigns. This Operating Agreement shall be binding on and inure to the benefit of the parties and their successors and assigns, except as may otherwise be provided herein. YMCA shall not assign this agreement to any other party unless approved in writing by CITY. 23.13 Time of Essence. Time is of the essence of each and every provision of this Operating Agreement. 23.14 Waiver. No provision of this Operating Agreement or the breach thereof shall be deemed waived, except by written consent of the party against whom the waiver is claimed. LN WITNESS WHEREOF, the CITY and YMCA have duly executed this Operating Agreement as of the day and year first above written. Date: jOlfj2) YMCA OF SAN D r GO C I LINTY a California nonp fit, pu. is • e q. efi.; corporation c By Barerdel. oherty, t•r�esiaent & EO [SIGNATURES CONTINUED ON FOLLOWING PAGE] 15 Las Palmas Park Operating Agmt Between City and YMCA 10.15.13 THE CITY OF NATIONAL CITY a municipal corporation By: Leslie Deese, City Manager Ap ved as to form: I ti.Cl z vM City Attorney 16 Las Palmas Park Operating Agmt Between City and YMCA 10.15.13 EXHIBIT A DESCRIPTION OF THE PARK LAS PALMAS PARK & CAMACHO RECREATION CENTER 1810 E. 22nd St. (619) 336-6756 Las Palmas Park is30 acres with a swimming pool, ball fields, tennis courts, picnic areas, playground equipment and Recreation Center/ gymnasium. Camacho Recreation Center contains a gymnasium with basketball courts, bleachers and scoreboard. In addition, there are three classrooms, one large office, multiple storage closets, men and women's restrooms, and a janitor's closet. NATIONAL CITY MUNICIPAL POOL 1800 E. 22nd St. (619) 336-6758 Main pool Is 50 meters by 19.8 meters (8 lanes of 50 meters) including one 3 meter diving board (9.8 feet) and two 1 meter diving boards. Activity pool is 70 feet long and at its widest it is 45 feet wide with a total area of 81,000 square feet. It has 4 different spray features and a 16 foot high slide with a ride length of 134.58'. The locker rooms are enclosed by a high wall and have a large changing area. There is a main pump room adjacent to the pool along with multiple storage rooms. 17 Las Palmas Park Operating Agmt Between City and YMCA 10.15.13 City Boundary ••••••• Lease Boundary 0 75 150 I Feet 300 Las Palmas Park Exhibit `131 APN: 581-360-51-00 EXHIBIT C SCHEDULE OF PROPOSED PROGRAMS FOR LAS PALMAS YMCA The following is a list of possible programs that, based upon community need and input, may be operated at the Las Palmas Park site; which includes Camacho Gymnasium and Las Palmas Pool. PROGRAM Progressive swim lessons Private swim lessons Water polo/Wet ball SEASON AGE RANGE SPLASH! Week (5-30 minute swim lessons) Parent -child swim lessons Masters Swim Lap swim Year round Year round/as requested Year round 3 years to 12 years 5 years and up (including adults) 8 years to $14 years Youth Sports (may Include basketball, flag football, soccer, volleyball, tennis, footsol) Pee -wee sports (soccer, t-ball, multi - sport) Martial Arts (may include Tae Kwon Do, Jiu Jitsu, and/or Capoiera Spring break (1-2 weeks/as needed) Year round Year round Year round Year round (or as requested by the community) 3 years to 12 years 6 months to 3 years 18 years and up Must be able to pass the swim test 4 years to 16 years Year round 3 years to 5 years Gymnastics (parent/child) Dance (such as Ballet, Jazz, Hip Hop) & Kids Fitness Programs Year round Year round 4 years and up (including adults) 18 months to 3 years Year Round Tumbling (various levels) 3 years and up Year round 8 years to 17 years Group Exercise classes (may include Senior Exercise programs, Water Exercise, Zumba, Yoga, Pilates, group indoor cycling, interval training, step Year round 12 years and up 19 Las Palmas Park Operating Agmt Between City and YMCA 10,15.13 aerobics, cardio kick boxing) Specialized group exercise programs (may include Team Challenge, Boot Camp, TRX training, sport specific conditioning) Year round 12 years and up Day Camp During school breaks and school holidays 5 years to 14 years Family Programming (May include Family Health & Wellness, Family Nights, and other family events) Year Round Families Teen Programs (such as Adventure Camps, ESC, Youth & Government and Leadership Development) Year Round Seasonal Teens Various Community Events and Classes such as CPR/First Aid, Lifeguarding, Healthy Kids Day Year Round Youth, Teens and Families *These programs may be potential member benefits/included as part of a membership to the YMCA. CITY USE OF PREMISES City Use of Premises (Provided at Up to 5 Events per year Varies no cost except for direct costs such including Movie in the Park as Lifeguards) and National Night Out (upon mutual written agreement & schedule) Various Community Meetings Upon Mutual Written Varies Agreement & Schedule 20 Las Palmas Park Operating Agmt Between City and YMCA 10.15.13 EXHIBIT D DEFERRED MAINTENANCE Las Palmas Pool • Replace Water Slide Booster Pump and necessary plumbing. • Upgrade natural gas supply to meet BTU demand. 6 Repair and/or Replace leaky valves for Recreation pool filters. • Replace chemical feed tubes and connectors. • Remove and replace the competition pool expansion joints which requires draining and filling the pool, new chemicals to balance the water and labor for brushing and vacuuming while balancing the water. • • Replace broken and missing coping tiles in competition pool. Polish competition pool tiles lane lines. Re -plaster Recreation pool. Repair miscellaneous deck equipment. Replace competition pool starting platforms. Repaint Recreation pool's spraybow feature Replace non-functional pool lights in both the Competition pool and Recreation pool. Replace pool covers. Confirm conformance to Virginia Graeme Baker Act. Replace existing pool deck. Flush out Pool Deck Drain Lines. Sand and Paint various exterior eves. Repair and/or replace bench seats at various locations. Replace Door & Frame at pool equipment room. Adjust & replace threshold at Aquatics Lobby Door. Service Shower Valves. P Trap Pads (ADA). Ca macho Gym Recreation Center a Remove debris from roof drains. • Install 5' Cap Sheet at Perimeter Roof. Repair Misceiianeous Roof Penetrations. • Demolish and Install new Sheet Metal/Flashing. • Trim Trees hanging over gym roof. • Replace Closures and adjust swing on Gym Doors. • Sand and paint various wood doors. fi Secure Drinking Fountain to the Wall. • Seal up Roof Top Duct Work. Estimated Total Cost for Deferred Maintenance = $690,957 21 Las Palmas Park Operating Agmt Between City and YMCA 10.15.13 City Of National City October 29, 2013 Baron Herdelin-Doherty, President YMCA of San Diego 3708 Ruffin Road San Diego, CA 92123-1812 Dear Baron, This letter memorializes the commencement of the Las Palmas Park Operating Agreement between the City of National City and the YMCA. Per the terms of the executed agreement the commencement will occur on November 1, 2013. Please have an authorized YMCA representative countersign below to agree and accept this date. The City of National City looks forward to a strong partnership with the YMCA and appreciates your efforts to serve our community. Brad Raulston Agreed and accepted: YMCA representative 1243 National City Boulevard; National City, California 91950 Tel.: (619) 336.4250 Fax: (619) 336.4286 braulston@nationalcitycagov CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT Attachment MEETING DATE: May 7, 2013 AGENDA ITEM NO. ITEM TITLE: Resolution of the City of National City authorizing the City Manager to execute a Maintenance and Operating Agreement with the YMCA consistent with the primary deal points contained in the terms of the draft Maintenance and Operating Agreement to manage and operate the National City Municipal Pool and Camacho Recreation Center located in Las. Palmas Park, with the exception of specific terns. PREPARED BY: Jessica Cissel DEPARTMENT; Community Se Brad Raulsto. PHONE: (619) 336.4243 EXPLANATION: SEE ATTACHED STAFF REPORT FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: lnfa, APPROVED BY: APPROVED: APPROVED: Finance MIS ORDINANCE: INTRODUCTION: FINAL ADOPTION: n�lr+r�9q,pMl„ WY■11011Ir�IdYOAYIpgIlWll/�IiYlrIr wrrr STAFF RECOMMENDATION: Recommend approval of the resolution to partner with the YMCA. BOARD / COMMISSION RECOMMENDATION: Parks, Recreation, and Senior Citizen Advisory Board voted unanimously to support the partnership ATTACHMENTS: 1) Staff report 2) Draft Maintenance and Operating Agreement 3) Resolution STAFF REPORT FOR YMCA MAINTENANCE AND OPERATING AGREEMENT (COMMUNITY SERVICES) Introduction City staff has been working with the YMCA of San Diego County -South Bay via ad hoc committee and recreation working group meetings for almost two years to negotiate a maintenance and operating agreement for the National City Municipal Pool and Camacho Gym. The item before you seeks approval of a maintenance and operating agreement containing the deal points detailed below, and in substantial conformance with the draft agreement attached (with City Council input on certain issues). Overall, this maintenance and operating agreement would turn over the pool and Camacho gym to the YMCA for operation of programs and the maintenance of these two facilities. This maintenance and operating agreement includes only the pool and the gym at Las Palmas Park. It does not include any of the fields or other programming outside of the pool and the gym. The Community Services Department and the Public Works Department would continue to manage programming for El Toyon Park (recreation center, field, and courts), Las Palmas Park (fields and tennis courts), Kimball Park (Kimball Senior Center, fields, and skate park), Casa de Salud and Manuel Portillo Youth Center, and all other park space in National City, as well as all contract instructors in those parks (with the exception of the pool and gym). Due to the economic downturn and budgetary reductions, the Community Services Department has been working with minimal resources to sustain the programs and recreation opportunities for the community. The reduction in staffing and resources has led to reduced recreation center hours and programming for our residents, as well as rising deferred maintenance costs. if the City Council desires to continue managing the facilities and offering the current programming at the current pricing, the Community Services Department will need additional resources and staff. A partnership with the YMCA Is an opportunity for the City not only to expand access to the pool and the gym, but also to save operating costs and resolve the deferred maintenance for the facilities. The YMCA is committed to structuring their pricing to fit National City resident needs, including offering scholarships for qualifying families, which is part of their national model. The YMCA also has experience and current partnerships managing recreation programs in other San Diego County cities (i.e., City of Santee). Background In 2007, National City established its Strategic Plan with goals to improve quality of life and to achieve fiscal sustainability. To achieve fiscal sustainability, the strategic plan action 2C states, "Partner with Community Organizations and Regional Agencies to Pursue Our legislative Platform and Aggressively Seek Funding from Local, State, & Federal Sources". To improve quality of life, strategic goal 3 actions include, "Continue to Provide Recreational Programs and Community Services, Maintain Existing Parks and Public Facilities and Find Funding to Construct Park Master Plans, Partner with the Port District to Build Aquatic Center, Granger Park, and Improve Public Access to the Harbor District, and Preserve and Promote Historic Resources and Cultural Assets". The City has established partnerships, and Council decisions have created the opportunity to expand partnerships to sustain programs. Established partnerships include ARTS, the Greater San Diego Boys and Girls Club in Kimball Park, and the YMCA of San Diego County -South Bay Branch in Pepper Park (Aquatics Center). After a multi -year planning effort that culminated in the adoptions of the Westside Specific Nan, the General Plan Update, and the Downtown Specific Plan Amendment, in early 2011, the Successor Agency sold bonds to build facilities to improve quality of life. At the July 5, 2011 City Council meeting, the Parks, Senior, and Youth Ad Hoc committees were initiated by Council. Since that date, recreation working group meetings have been held between the City and our potential partners, the YMCA of San Diego County -South Bay Branch and the Greater San Diego Boys and Girls Club, to discuss how the City could maximize the bond money to create sustainable quality of life facilities and programs. Because there were capital resources (bond funds), but limited operating resources, staff discussed expanding partnerships with Local non -profits to sustain operations. In late October and early November of 2011, Council was provided information on the progress of the quality of life facilities plan. The first public parks ad hoc'meeting took place on November 21, 2011, and included Mayor Ron Morrison, Council member Sotelo-Soils, members of the Parks, Recreation, and Senior Advisory Board (PRAB) members (who are National City residents), a Public Art Committee member, and City staff. The YMCA partnership at Las Palmas Park was discussed at that meeting, along with subsequent parks ad hoc meetings on December 13, 2011, January 19, 2012, and April 24, 2012. Additional updates were provided to PRAB. During these park ad hoc committee meetings, City staff provided reports on current programs, fees, and participation numbers, as well as facility and park maintenance costs. In addition, there was conceptual planning done by Kimley Horn and Associates to incorporate ideas and discussion by City staff, non -profits, and the public. The initial estimates for the conceptual plans at Las Palmas Park show a need for additional funding. The South Bay YMCA expressed a desire to fundraise locally to generate monies to complete the project. Because the YMCA is a non-profit, they are able to leverage funds by iocai fundraising campaigns resulting in more resources for a final product/facility. A draft MOU between the City and the YMCA was provided to and approved by the YMCA at their board meeting on November 30, 2011, to solidify the partnership and initiate a fundraising campaign. At the December 5, 2011 meeting, the City Council was provided an update on the YMCA Board's position and directed staff to bring the draft MOU forward for Council review in January. At the January 10, 2012 meeting, the City Council adopted Resolution No. 2012-08, approving the MOU between the YMCA of San Diego County - South Bay Branch and the City for a 12-month period of negotiation of contemplated partnership to provide sustainable programs to National City residents at Las Palmas Park. During the negotiation period, City and YMCA staff worked on a draft maintenance and operations agreement, which includes programs, pricing, maintenance, employee transition, deferred maintenance, and more based on feedback from the parks ad hoc committee and PRAB. On January 17, 2013, the YMCA presented their program plan to PRAB. PRAB voted unanimously to support the partnership with 2 the YMCA at Las Palmas Park, At a recent South Bay YMCA board meeting there was a vote to approve the terms of the draft maintenance and.operating agreement. Terms of the Agreement The attached draft maintenance and operations agreement for the National City Municipal Pool and Camacho Gym includes the following deal points: • Term: Five (5) years, with a five (5) year option to extend. o The length of the term (5 years) does not raise concerns. o Unilateral option to extend: As drafted, the extension can be exercised by the YMCA if it is not in breach of the agreement. The City would not have the option to exercise an extension. The City's agreements typically provide the City the option to extend agreements either unilaterally or upon mutual agreement. The YMCA has indicated they will not agree to a mutual extension provision. • Programs: The YMCA will maintain existing levels of service, and increase programming and hours of operation at the pool and Camacho gym. • Resident Access: The YMCA agrees to provide preference to the City of National City and discounted fees to its residents. A resident will not have to be a YMCA member to have daily access to the pool or gym. They can access the facilities through a daily resident rate. The YMCA will offer a scholarship program to all National City residents who meet the income requirements. • City Access: The City can have access to Camacho gym and the pool for City community meetings upon agreement by both parties. City can use the facilities at no cost when partnering (lifeguard fees may apply for special events outside of partnerships). City recreation program participants are not required to pay fees to the YMCA. The City will have pool use for five (5) special events per year, up to five (5) hours each. • Current Rentals (school teams/leagues) The YMCA may accommodate current National City schools, swim teams, and other sports organizations at the pool. Such users shall pay for such use at a mutually agreed upon rate with the YMCA. Employees: The YMCA will guarantee all current employees and instructors an interview. (This would affect 31 part time employees: 1 aquatics manager, 13 lifeguards, 17 recreation aides; no full time employees would be impacted.) • Annual Reporting,: The YMCA will provide an annual report to the City to include National City participant numbers, total participant numbers, events coordinated, capital projects completed, total joint use time, budget, next year operating and maintenance plan and fee schedule, and any other pertinent statistics. • Notice: The YMCA will give the City notice if the pool or gym will be closed for longer than a five (5) day period. 3 a Maintenance: The YMCA will accept premises in "as is" condition. The YMCA will maintain the pool and the gym. • Deferred Maintenance: City will provide $290,000 (out of the approximate $600,000 deferred maintenance estimate) to the YMCA to address major deferred maintenance issues. The YMCA will comply with bidding requirements in addition to prevailing wage. The YMCA will provide receipts for maintenance costs. Utilities: The YMCA will pay for electric, water, and gas utilities; as well as pool chemicals that supply the pool and gym. • Exhibit "C" fists current and expanded programs for YMCA programs as well as City access. • Indemnity: The defend and indemnity provisions are structured so that the YMCA will defend and indemnify the City for injuries, claims, damages, etc., that are a result of their improvements, operations or use at the pool or the gym, unless the injury, etc., is caused by the sole negligence or willful misconduct of the City. In addition, the City will defend and indemnify the YMCA for injuries, claims, damages, etc., that are a result of the City's improvement, operation, or use of the Park, but specifically excludes the pool and gym from the City's obligation. The City's indemnity is not required if the injury, etc., was caused by the YMCA's sole negligence or willful misconduct. • insurance: The YMCA has provided proof of insurance, however, the YMCA will not agree to setting minimum thresholds of insurance requirements. The YMCA has indicated that it does not want to specify insurance dollar amount requirements so that should the Board change their insurance amounts, it would not affect the agreement. The City generally requires minimum insurance dollar requirements to adequately protect the City's interests in all of its agreements. • Termination: The term as currently written allows the YMCA to terminate the agreement after 12 months upon 90 days' notice and the City could terminate the agreement for cause (breach) after complying with the notice provisions contained in the default sections. The City generally requires a termination for convenience provision so that it can respond to changing needs or priorities. The YMCA has stated their reasoning is based on its investment into the premises under the agreement. • Right of First Refusal: The YMCA seeks the right of first refusal should the City seek to sell the park. Financial Impact Regardless of the state of the band funding, there are still limited operating resources and a significant amount of deferred maintenance at the facilities. As written, the draft agreement would save the City approximately $479,426 per year. In addition, the City would be contributing a one-time payment of 4 $250,000 towards the estimated $600,000 deferred maintenance costs. If the City were to continue to sustain City recreation programs without this partnership with the YMCA, there would be a need for approximately $134,414 annually to fill the two frozen recreation supervisor positions and help manage the City's recreation programs. This would create a total offset of approximately $613,840 in FY 2013/2014. The additional annual costs to the City would be personnel costs of $134,414, and ongoing deferred maintenance costs. Whether the City decides to partner with the YMCA or not, there will be at least a $250,000 deferred maintenance cost. Without the partnership, the City would need to prioritize and address the additional $350,000 worth of deferred maintenance at the pool and the gym, which is currently being evaluated through the Capital Improvements Project (CIP) process. See the budget analysis below for more detail. Communi Seivices Transition Plan Budaet Analysis 2013 Recreation. Division' UlilitleslOverhead Personnel (Rec-PT} Personnel.(Roc-FT)* M;& 0 (PW} M,& 0 (Roc) Rec revenue Totals Carnacho Roe Las Palmas Pool $49,200 134,414.00 134414 $200,000 $88,273 $127;962 $4,450 $57,000 $6,041 $8,000" ($61,500) $147,964 $331,462 "Cost to fill 2 frozen full time recreation superusar positions Summary $613,840 Staff has arrived at agreement with the YMCA on most terms. There are, however, certain terms we bring to your attention which differ from what we generally include in agreements. Specifically, the following terms which are discussed above and included in the attached draft would benefit from City Council input: 1. Section 1.2 — the unilateral extension of a 5 year option exercisable only by the YMCA. This would provide the YMCA the Premises for up to 10 years. This provision is currently written to allow the unilateral extension. 2. Section 1.3 —the option to terminate for convenience can be exercised by the YMCA only, and the City can terminate for cause. 3. Section 9.4—the parties have competing language regarding Insurance. The YMCA has included general language that does not set forth minimum dollar amounts for insurance requirements. The City has specified the minimum levels of coverage in effort to adequately address the potential risk and insulate the City from such risk. 4. Section 17.3 — the right of first refusal Is a provision that we nave not typically Included in agreements related to the use of our facilities, but we do not foresee selling Las Palmas Park as a likely scenario. 5 Recommendation Staff seeks the City Council's approval of the primary deal points as discussed above and input on the four items referenced in the Summary if the City Council does not concur with the YMCA's language. As this agreement is in draft form, staff seeks Counci's authorization to allow the City Manager to execute a maintenance and operation agreement in substantial conformance with the deal points above (and the attached draft agreement) and as revised by Council's input today. Accordingly, the resolution before you for approval references this authorization and the approval to partner with the YMCA to maintain and operate the municipal pool and Camacho gymnasium. 6 5/7/2013 Attachment li`; of City Council Presentation May 7, 2013 ti n a 7 itl 5S, 117 1;" I N '14 Kiel. OVERVIEW 5/7/2013 Timeline • Spring 2011- City sold bonds to provide capital funding for Las Palmas Park • Spring 2011- Staff bean to look into partnership options for sustainable operating for the long-term • July Sr 2011- City Council initiated the Parks Ad Hoc Committee • November 2011-Aral 2O12 Parks Ad Hoc Meetings • January 2012- City Council approved MOU with the YMCA for a 12 month period of negotiation of contemplated partnership to provide sustainable programs at the pool and gym • January 2013- YMCA presented the program plan to the Parks, Recreation, and Senior Advisory Board (PRAB). PRAB voted unanimously to support the partnership iskiL May 7,2013- Draft mairnteatance;rnd operating agreernerat to Council Partnership Basics. • The draft agreement includes only the municipal pool and Camacho Recreation Center. • The YMCA could continue existing programming as well as expanded program opportunities and expanded hours of :operation. • Annual savings to the City to partner with the Y is approximately 613,8.40. • The City would incur a one-time investment of 250,, 1020 toward deferred maintenance. • If the City continues its current operation it would require an adcfitional $134r414 per year plus the cost of an estimated $600,000+ in deferred maintenance. • The v will provide all current employees affected by the partnership a guaranteed interview. 2 5/7/2013 the }v WE SEE STRENGTH IN COMMUNITY • The Y is community centered. We have been responding to community needs since our founding in 1844. - Alt the South Eiav 'V over 3n0 policy, prriiorar'n and fold raic;:ny vriltrw:.eeirz. lead 'Air Yw 1".€ SIDO d comniurii`_y oeeds For voutl-i developrricir, hllthy livinci and social responsibThry, • The Y brings people together: - CIFT fltI 0 V er tir n rs 511,000 residents - over ic?f vo'hidl-i are cl-ildrof-i - Iern row, and thrive at _our Soutri Bay FDrilly Y. - Over 150(1 staff members corincct people of all ages irtd nackg FO Li nd; to 1T1OQ; rim LI 11 Ey needs. 3 5/7/2013 THE Y NURTURES POTErTIAL 1. THE Y BELIEVES THAT EVERYONE DESERVES A CHANCE TO SUCCEED — NO MATTER THEIR BACKGROUND OR INCOME. addition tp nc n &1ft dd11 rograrns and services, the provides finaricir :,iss]stanrcjy reducing lees or subs1c117inci r ho ho Ca n n t affOrd the full reQ_ Our Y coilectividy attracts over $475,000 in fundfti nnuijy in stippcirt of our 2011 -7012, more than $500,.000 financir_31 assistance and program sobEddie5' to 17EIP 01-11 nolglIbors In ne...Hc_t. 2. The Y seeks to increase resources to address unmet community needs and has a very successful record of community collaborations and partnerships. thelr 7ENEFITS OF OUR PARTNERSHIP 4 5/7/2013 How the Y operates and what we bring to a partnership with the City of National City } As a nonprofit charitable organization, the Y has had to develop very practical and proven approaches to serving the broadest range of the population as possible and still remaining economically viable, • The Y offers its experience in financial development to provide assistance to those in need. 1 The Y vvould make available its experience and expertise in capital, project planning, project expertise and facility management, The Y will provide detailed reporting on the outcomes of the partnership, Benefits (Continued) • The Y is cornrnitted to providing high quality � g Y programs and services, well trained personnel and well equipped and maintained facilities. A high value is placed on satisfaction and 1.11 retention, • The Y brings established systems of accountability in customer care, staffing, training and operation of the facilities. • The Y has learned economies of scale and has developed centralized services both on a local and national basis that would be available in the operation of the Las Palmas Facilities.. 5 • 5/7/2013 Benefits (continued) The `' MCA' , access o rea-sources ire ides. -r- l'Ir C and cr rt 11:�1:1U1 i I r4 {Ir 171a, 1 -: reran rki2s.Lurce Martaale.rnt: rI • I iii rc L. L)cv Icipn:eitliFtir'i[nr ; 'iilc'I ; I Ii;1''ii: r Flr� �flri= ar,1 F-1•sr_ I NlanD e icrt? Cum s • Facila[y .lril''nu . ?t'.I�tIC}I 7 iC n1a1 ajytI1e:I • T_�Fi111Dj�+ Pro r;rar 1 Crev' I0F11-11 t it d Mr naj me lit Key Elements of our Successful Partnership The Y wifl provide programs and services at the Las Palmas Pool and Camacho Gymnasium and Recreation Center 6 5/7/2013 anded Programs - Pool Exiqin9 Cit, rogran-L5 tasPalrnas Municipal Pool *Learn to Swim *Open Swim *Rentalt *Classes *Aquacize *Aduit Lap Swim Expanded Y,Programs *SWirn LesSons *splash Week *Parent -Child Swim • Masters Swim & Swim Team *Lap Swimming *introductory Wtffr Polo/Wet Ball *Open Swimming *Multiple Water Exercis PrograinS *Therapeutic Swirn *Collaboration & Partiierships New Et Expanded Programs - Camacho Gym Existing Programs • After School Clubs • Youth Sports r• Contractual Classes • Rentals • Open Gym - Baskietball Si Volleyball • Summer camps Expanded Y Program Opportunities • Youth Sports • Pee We Sports • Martial MI5 • Tumbling/Gymnastics Heath & Wellness Programs including multiple Group exercise programs and specialized group exercise programs • Day Cannp (Year Round) • Danc • Family Programs • Senior Programs • Teen Programs 7 5/7/2013 'Expanded Hours •Lrt P S I - •i r j4ti r L�1 ,I,k, .cain a C iC7 G"..(Fn k f'.C= ttcltfrwi Cc: i ITO. r zip[ rOxiiIliiL:J: 2 0 p too rt7, '{_ar't'e I E l.Ernd'ed Y Operation - ll op e raLC` F pe.I.rnzi.;. r4II.:Lety ' 1 . I I p. I� 4 fir" f�lnn ': 1'i reatiorn Center J Pricing As y non-profit public benefit corporation the standard the YMCA is held to is that programs and services must be generally affordable. The YMCA sets its fees for programs based upon the costs associated with operating those programs. In addition to the services being affordable, the YMCA provides financial assistance by reducing fees or subsidizing those that cannot afford the full fee established for YMCA programs and services. The YMCA will provide multiple pricing strategies to serve the greatest number of people including resident pricing, non-resident pricing, membership and day -use or bundled packages. 8 5/7/2013 Employees • The YMCA of San Diego County's v;5i fi and goal is to be are crnployer of choice. • The Y will do its very best to assist current Ci(-y employoesit's thLL transition. • All National C iLV employees oiho Eipply [or-ror- posttions at the Y will be-gua a1ILL ed cfl nt rv1e rv. e YMCA will provide current mpIn+ eE-; opportunity to attend vnforn»t+onaL meeting;_. such as a hiring �.+urksho ~' or career fairs. • The YMCA provides OPIJOrtunitios tor career ad ai7r:r nient 61nd extended d training opportunIiLieS. • "y emi`iluye€ have the opportunity to earn, merit increases on an 3nnua1 basis. In summary.,. The YMCA partnership would benefit the City of National City and all who live and work in National City by: Sound fiscal planning and management practices aimed at establishing the !east possible dependence on the City's general revenues. • Experience in fund raising and in securing additional revenues for financial assistance and program subsidies. • Expertise in the development, construction, operation and maintenance of facilities. • Maintenance of high quality and responsive programs and services. • Links to local and national resources High quality Human resource management drld training. • A collaborative approach to meeting the needs of residents. • The Y is committed to having a positive impact and being an integral part of the community. 9 Attachment r FOR YOUTH REVELiWMEtir MINIMUM' UMR KM!COAL NMPOMMIIrY SERIING pa x NAL CITY CITY OF NATIONAL CITY (MAYOR AND COUNCIL) NATIONAL CITY, CA September 3, 2013 S 3:r ur .lirl'i .,nPI I-.��9'dSC ii:i d [j0;6.. to(" i'.J G;I.na1- ,.1,.4'.•.=1i,d Hi; p—:,1I "I nJ:+r l- .- r:+11j4}I J ._«r 1ii MAKING A DIFFERENCE Area of Service Total People Served NC Residents Served 01s Membership - Las Palmas 193 193 100.0 Aquatics —Opel Swim 5,000* 4,000• 50.0 Aquatics —Swim Lessons 338 286• 84.7 510 swim sesskins 42 swim sessions Summer Camp 66 51 77.3 222 weeks 180 weeks Tote! Services 5,587• 4,520* Aquatics —Event — Swim Meet 1,000• Total Served * Estimate as of August 19, 2013. 6,58'1 11 }.1 Ind+Ir,�I, -0Lii`],11 Lv ll1,�I.; IL. rrs arj F fil-, s B ' I114 -1 W�3�,t I�j I!wu opC'r,-:114i7', 2 IA5 PAIYAG i CITY OF NAITONAL CRY 80,S 1 11/19/2014 MAKING A DIFFERENCE Expanded the water exercise classes Monday -Saturday vs. three times a week and increased participation by 30%. Implemented deep water aerobics portion to the water exercise classes. Quote "Classes are fun, intense extreme aerobic workouts, i enjoy the new deep water class as well. Thank you.' Debra Haynes -National City resident. In collaboration with the Police and Fire Departments we have had over 250 people/kids at the National Night Out. 350 people, mostly families from National City, at the Las Palmas Movie Night. Working closely with Las Palmas Elementary School and have 110 kids swim every Friday for 2.5 hours. Working to organize swim times for the teens for the Sweetwater High School in the afternoons at the lowest cost possible. ] I I, rJ YOTTai 1TTL•2 re:Fr 1 IE'=15-*fKF for 11Y. PEOPLE POWER 1. EMPLOYER OF CHOICE - Mori: I =ull r !Jr Yr4`sC_. 7f SDI Di.ccoc. r0LH1CY d55nr;,9._.ri tii ir I-r2rr • :In StIuth C.our.1'w, i''Ilr I r?`If- 1'if II-'!. hIcc=r l-rl"1311j''y'[src 15 ItiH7,iin_il • pqcitiiir.,i' ` FI 1• 1l!_lfl I ! .II i�Lr=•Id rll �. l'y�S_I '' ��I I I--J Nation -al City ri35,r cn ^r;_ ri frr • !rll ~! C- i° " r • i r } 2 11/19/2014 HERE FOR GOOD T LK TO US Questions, Comments? _-.11..'1'f..1t11! 1111 11E7 11; cirnI 1hr0 ;11 ' I 0117Y.Or Wair.01, 'VT 3 11/19/2014 th;ir HANK YOU illaze Zaire's.? Aquatics Director SOUTH BAY FAMILY YMCA 619.421,9622 12114 BZarevcbyrnica, rg 4 RECEIVED JUL 2 4 2014 the Attachment / r- Baron Herdelin-Doberty President & Chief Executive Officer July 22, 2014 City of National City Leslie Deese, City Manager 1243 National City Boulevard National City, CA 91950-4301 Re: Termination of Operating Agreement Dear Ms. Deese: Pursuant to the provisions of the Operating Agreement - Las Palmas Pool and Camacho Gym Recreation Center, by and between the City of National City and YMCA of San Diego County, effective November 1, 2013, we write to notify you of our decision to terminate the Agreement as of the close of business on January 30, 2015. We highly value our partnership with you and we are committed to serving the residents of National City with you in a meaningful and impactful way. However, we determined that our operation of the pool and gym at Las Palmas Park is not sustainable. From November 1, 2013, through June 30, 2014, our Y has invested more than $325,000 to subsidize operations, which is net of revenue generated from operations. This amount is in addition to the capital contributions made by the City as well as the Y. Finally, this amount does not include providing significant financial assistance for kids and families to access the programs offered by the Y. During the next six months we will continue to operate Y programs at Las Palmas Park in the most fiscally prudent manner possible. We would appreciate the opportunity to meet with you and members of the City leadership team to discuss ways in which we might continue providing Y programs and services to this community in a rnorYe financially sustainable manner. Tina Williams will follow up with you to arrange a time to meet and discuss options for continuing our partnership. Please let me know if there are any questions or concerns that i might address in the meantime. eiin-Doherty President & CEO cc: Tina Williams YMCA OF SAN DIEGO COUNTY 3708 Ruffin Road, San Diego, CA 92123 P 858 292 9622 F 858 292 0045 www.ymca.org CC/CDC-HA Agenda 12/2/2014 — Page 203 The following page(s) contain the backup material for Agenda Item: Update on Construction of the Waterfront Adventure Center (formerly known as the Aquatic Center) and seeking direction for negotiating a Maintenance and Operating Agreement for Sub -lease with the YMCA (Community Services) CITY QfNATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DAT December 2, 2014 AGENDA ITEM NO. ITFNI TITLE: Update on Construction of the Waterfront Adventure Center (formerly known as the Aquatic Center) and seeking direction for negotiating a Maintenance and Operating Agreement or Sub -lease with the YMCA PREPARED BY: !brad l-?aul$ton, Executive director_ PHONE: !Ext. 4250 EXPLANATION: DEPARTMENT: C APPROVED BY: `. ices FINANCIAL STATEMENT: ACCOUNT NO. IN/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Staff Report 2. National City Adventure Center Proposed FF&E Schedule Attachment ! Update on Construction of the Waterfront Adventure Center (formerly known as the Aquatic Center) and seeking direction for negotiating a Maintenance and Operating Agreement or Sub -lease with the YMCA A public facility providing access to the water became a City Council goal in 2004. That year, temporary facilities were placed on the Pepper Park Parking Lot and the South Bay YMCA has operated programs there since that time. The facility provides recreational aquatic, safety, and environmental programs. Programs at the center include sailing, windsurfing, kayaking, outrigger canoeing, rowing, fishing, search and rescue courses, wildlife appreciation and marine science, environmental education, youth group classes, school outreach programs, Boy/Girl Scout events, and day camps. Health and safety courses would include first aid and safety, CPR courses, boating safety, emergency response, and lifeguard training. A new, 4,700 square foot, 16 to 22 foot high permanent facility is currently under construction. The new building contains office and reception rooms, locker rooms, watercraft storage, restrooms for center users, an indoor/outdoor classroom, security office, janitorial area, a mechanical/electrical room, security walls, fencing, and lighting. In addition to the aforementioned current programs, the proposed Adventure Center would be available for special activities such as specialty camps, theme birthday parties, and contracts with schools, special family events, community and corporate team building events, and environmental education. All of the activities at the site would take place as part of an organized group program; no rentals or unsupervised watercraft use would be permitted. The new Waterfront Adventure Center is scheduled for completion in the spring of 20151. The addition of $500,000 in Port CIP funds, approved by the Port Board of Commissioners at the CIP Workshop held on October 27, 2014, should provide sufficient funding to complete the construction. Additional funds, however, have not been identified to cover possible construction contract change orders, public art, and FF&E (furniture, fixtures and equipment) for the facility. The project team will continue to manage change orders and seek necessary funding if contingencies occur. Staff is working with ARTS and the Port District to satisfy the public art requirement without impact to the City's General Fund. A majority of the FF&E costs are expected to be covered by the South Bay YMCA. Since 2005, the YMCA has operated the aquatic program out of temporary facilities. The YMCA has been closely involved in the design and development of the new facility and has committed to raising funds for the FF&E, which is 1 The Center was to be completed by the end of December, however, there have been construction delays due to unforeseen conditions and contractor issues. estimated at $100k (see attached FF&E schedule). Based on the current construction schedule, it is anticipated that operations in the new facility would commence in summer of 2015. City staff is requesting authorization and direction to negotiate a long terra Maintenance and Operating Agreement for the new facility with the South Bay YMCA. The following are a list of key terms for your consideration in providing direction to staff: Term: Staff recommends five (5) years, with two (2) five (5) year options to extend per mutual agreement. Options to extend can be mutual or unilateral. The City's agreements typically provide the City the option to extend agreements either unilaterally for the City or upon mutual agreement. The YMCA has indicated in the past through the Las Palmas Pool & Gym Agreement they would not agree to a mutual extension provision and would only consider a unilateral clause to their benefit. Termination: Staff recommends that termination can only be by cause, or breach. • The termination clause of an agreement provides criteria for either party to terminate the agreement. Termination clauses can either be for cause (breach) or for convenience (non -breach). Breach of the agreement would constitute a failure to meet the agreed to terms. The Las Palmas Pool & Gym Operating Agreement allowed the Y a convenience clause that is currently being exercised. The City generally requires a termination for convenience provision so that it can respond to changing needs or priorities. The YMCA has stated their reasoning is based on its investment into the premises under the agreement. • Programs: The YMCA will maintain existing levels of service and increase programming and hours of operation. Current levels of service and a schedule of programming will be provided in the final draft operating agreement. • Resident Access: The YMCA agrees to provide preference to the City of National City and discounted fees to its residents. A resident will not have to be a YMCA member to have daily access to the center, but will pay a daily resident rate. The YMCA will offer a scholarship program to all National City residents who meet the income requirements. • City Access: The City can have access to facility/community room/classroom for City community meetings upon agreement by both parties. City can use the facilities at no cost. • Annual Reporting.: The YMCA will provide an annual report to the City to include National City participant numbers, total participant numbers, events coordinated, capital projects completed, total joint use time, budget, nat year operating and maintenance plan and fee schedule, and any other pertinent statistics. Furniture, Fixtures, and Equipment (FF&E): The YMCA agrees to provide and maintain FF&E for the facility. A proposed schedule is attached. Maintenance: The YMCA will accept premises in "as is" condition. The YMCA will cover ongoing maintenance and utilities. Utilities: The YMCA will pay for all utilities including trash, electric, water, and gas. Indemnity: The defend and indemnity provisions are structured so that the YMCA will defend and indemnify the City for injuries, claims, damages, etc., that are a result of their improvements, operations or use at the facility Insurance: The YMCA has provided proof of insurance, however, the YMCA has had issues with the minimum threshold of insurance requirements. The City generally requires minimum insurance dollar requirements to adequately protect the City's interests in all of its agreements. Staff recommends working with Risk Management to establish appropriate minimum thresholds. Attachment 2 the Proposed FFE for NC Waterfront Adventure Center Waterfront Adventure Center 3300 Adventure Way National City, CA 91950 10 x Kayaks MALIBU KAYAKS Pro2 Sit -On -Top Tandem Kayak 1 x Rescue Boat WEST MARINE RIB-350 Double Floor Hypalon Inflatable Boat 1 x MERCURY MARINE 15hp & 20hp 4-Stroke Outboards 10 x WEST MARINE Medalist Life Vest 30 x MTI ADVENTUREWEAR Cadet Life Vest (Best Use for Youth Paddling, Recreation) 40 x WEST MARINE Aluminum Pro 240 Kayak Paddle 8 x MAGMA Dock Mounted Kayak/SUP Rack 3 x NRS Tuff Sack Dry Bags 5 x WEST MARINE 12' Tow Harness, 1-4 Rider 6 x SUNFISH Sailboats 6 x JIMMY STYKS 11'6" Big Bro Stand -Up Paddleboard Package 2 x CREW Rowing Boats 3 x Desk 3 x Chairs Rock Climbing Wall Computers, TV's, Copy/Print, and Telephones, AV Equipment Directional and Building Signage AED and 02 Tank Soap/Lotion Dispensers, Hair Dryers, Shower Curtains Wet Floor Signs etc. NATIONAL CITY YMCA w w w. s o u t h b a y. y m c a. o r g FOR YOUTH DEVELOPMENT® FOR HEALTHY LIVING FOR SOCIAL RESPONSIBILITY Attachment 2 the Proposed FFE for NC Waterfront Adventure Center Waterfront Adventure Center 3300 Adventure Way National City, CA 91950 10 x Kayaks MALIBU KAYAKS Pro2 Sit -On -Top Tandem Kayak 1 x Rescue Boat WEST MARINE RIB-350 Double Floor Hypalon Inflatable Boat 1 x MERCURY MARINE 15hp & 20hp 4-Stroke Outboards 10 x WEST MARINE Medalist Life Vest 30 x MTI ADVENTUREWEAR Cadet Life Vest (Best Use for Youth Paddling, Recreation) 40 x WEST MARINE Aluminum Pro 240 Kayak Paddle 8 x MAGMA Dock Mounted Kayak/SUP Rack 3 x NRS Tuff Sack Dry Bags 5 x WEST MARINE 12' Tow Harness, 1-4 Rider 6 x SUNFISH Sailboats 6 x JIMMY STYKS 11'6" Big Bro Stand -Up Paddleboard Package 2 x CREW Rowing Boats 3 x Desk 3 x Chairs Rock Climbing Wall Computers, TV's, Copy/Print, and Telephones, AV Equipment Directional and Building Signage AED and 02 Tank Soap/Lotion Dispensers, Hair Dryers, Shower Curtains Wet Floor Signs etc. NATIONAL CITY YMCA w w w. s o u t h b a y. y m c a. o r g FOR YOUTH DEVELOPMENT® FOR HEALTHY LIVING FOR SOCIAL RESPONSIBILITY