Loading...
HomeMy WebLinkAboutAgenda Packet Document cc091515 draftAGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY 4,- CALIFORNIA - NATIONAL City `NCo$poRATBD RON MORRISON Mayor JERRY CANO Vice Mayor ALBERT MENDIVIL Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City 619-336-4240 Meeting agendas and minutes available on web WWW.NATIONALCITYCA. GOV COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, SEPTEMBER 15, 2015 - 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. CONSENT CALENDAR: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of CC/CDC-HA Agenda 9/15/2015 — Page 2 the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 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 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 9/15/2015 — Page 3 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS AWARDS AND RECOGNITIONS PRESENTATIONS 1. Employee of the Quarter 2015 - Manuel Sanchez, Custodian 2. 2015 Community Emergency Response Team Graduates 3. 2015 Alliance Healthcare Foundation Grant 4. San Diego Regional Task Force on the Homeless Presentation of the Annual We All Count. (Neighborhood Services) 5. Presentation - Marina District/Working Waterfront and Seeking Direction on Balanced Plan 6. Sweetwater River Bike Path Gap Closure at Plaza Bonita Road - Emilio Rodriguez, San Diego Association of Governments (Engineering/Public Works) 7. The Status of Water Availability and Water Rates (Mayor Morrison) INTERVIEWS / APPOINTMENTS 8. Interviews and Appointments: Various Boards and Commissions. (City Clerk) CONSENT CALENDAR 9. 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) CC/CDC-HA Agenda 9/15/2015 - Page 4 10. Approval of the Minutes of the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of . (City Clerk) 11. Resolution of the City Council of the City of National City waiving the bid process by piggybacking Western States Contracting Alliance (WSCA) contract B27160, and authorizing the purchase from Dell Inc. of a Storage Area Network Array for an amount not to exceed $35036.(MIS) 12. A resolution of the City Council of the City of National City, 1) approving Amendment No. 2 to the Amended and Restated Memorandum of Understanding (MOU) between the San Diego Unified Port District and the City of National City regarding the National City Aquatic Center (renamed as the Waterfront Adventure Center) wherein the Port District agrees to contribute an additional $223,110 towards completion of the Project, 2) authorizing the Mayor to execute the Amendment, and 3) authorizing the appropriation of $223,110 to the Project, to be reimbursed by the Port District via the terms of the Amendment (pending approval by the Board of Port Commissioners) (Engineering/Public Works) 13. Resolution of the City Council of the City of National City, waiving the bid process and authorizing the purchase of customized mobile shelving from Spacesaver Intermountain, LLC, a current National Joint Powers Alliance vendor (of which National City is a current member), in the amount of $367,248.65, to expand capacity for the Police Department Evidence Room. (Engineering/Public Works) 14. Resolution of the City Council of the City of National City, 1) awarding a contract to Kinsman Construction, Inc. in the not -to -exceed amount of $768,463.00 for the Police Department, CIP No. 15-06; 2) authorizing a 25(3/0 contingency in the amount of $192,115.75 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) 15. Warrant Register #4 for the period of 07/22/15 through 07/28/15 in the amount of $2,052,437.76 (Finance) 16. Warrant Register #5 for the period of 07/23/15 through 08/04/15 in the amount of $3,078,412.53 (Finance) 17. Warrant Register #6 for the period of 08/05/15 through 08/11/15 in the amount of $524,794.16 (Finance) 18. Investment transactions for the month ended July 31, 2015 (Finance) 19. National City Sales Tax Update Newsletter - First Quarter 2015 (Finance) PUBLIC HEARINGS CC/CDC-HA Agenda 9/15/2015 — Page 5 ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION 20. An Ordinance of the City Council of the City of National City amending Title 2 of the National City Municipal Code to establish the City Manager's authority to approve, settle or compromise Workers' Compensation claims under Chapter 2.01.020. (Human Resources) NON CONSENT RESOLUTIONS 21. Resolution of the City Council of the City of National City approving a Zone Variance to allow a parking space in the front yard setback for a single-family home located at 1926 "E" Avenue. (Applicant: Victor Castillo) (Case File 2015-05 Z) (Planning) NEW BUSINESS 22. Temporary Use Permit - St. Mary's Fall Festival hosted by St. Mary's Catholic Church on Sunday, October 4, 2015 at the parish grounds located between E. 8th Street and "E" Avenue from 7 a.m. to 7:00 p.m. with no waiver of fees. (Neighborhood Services) 23. Temporary Use Permit- 7th Annual Health & Wellness Fair Hosted by Paradise Valley Hospital and The Southbay Times on October 31, 2015 from 10 a.m. to 3 p.m. at 2400 E 4th Street with no waiver of fees. (Neighborhood Service) 24. Update on negotiations with MediFit for the operation of Las Palmas Pool and seeking direction to complete the Operating Agreement with MediFit and bring back for City Council approval October 6, 2015. (Community Services) B. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY CONSENT RESOLUTIONS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY C. REPORTS STAFF REPORTS 25. OpenGov Implementation (Finance) CC/CDC-HA Agenda 9/15/2015 - Page 6 26. Report seeking direction on consideration of cablecasting of City of National City, City Council meetings, other City of National City public meetings, and public service messages.(MIS) MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Adjourned Regular Meeting of the City Council and Community Development Commission -Housing Authority of the City of National City - Sign Ordinance Workshop and Brown Act Presentation -Tuesday - September 22, 2015 - 5:00 p.m. - Council Chambers - National City, California Regular Meeting of the City Council and Community Development Commission -Housing Authority of the City of National City - Tuesday - October 6, 2015 - 6:00 p.m. - Council Chambers - National City, California CC/CDC-HA Agenda 9/15/2015 — Page 7 The following page(s) contain the backup material for Agenda Item: Employee of the Quarter 2015 - Manuel Sanchez, Custodian CITY OF NATIONAL CITY MEMORANDUM DATE: August 27, 2015 TO: Leslie Deese, ' wager FROM: Stacey Stevenso ' ector of Administrative Services SUBJECT: EMPLOYEE 0 'HE QUARTER PROGRAM The Employee Recognition Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized for the Third Quarter of calendar year 2015 is: Manuel Sanchez — Custodian By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, September 15, 2015 to be recognized for his achievement and service. Attachment cc: Manuel Sanchez Rick Hernandez — Facilities Maintenance Supervisor Wayne Stewart — Supervising Custodian Josie Flores -Clark — Executive Assistant III Human Resources — Office File Signature: Performance Recognition Award Nomination Form RECEIVED AUG 25 2015 CITY OF NATIONAL CITY HUMAN RESOURCES DEPARTMENT I nominate Manuel Sanchez, Custodian, Engineering and Public Works Department for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc). Do not to exceed 150 total words. Please be as specific as possible when giving your examples. Manuel Sanchez is an integral, respected member of the National City family. He is an ambassador highlighting the best that we have to offer as an agency. His work in providing custodial support to the Martin Luther King Community Center and the lower level of City Hall is accomplished with care and great pride. But maybe, more importantly, it is his smile and willingness to assist that is most appreciated. Manuel can often be seen graciously providing information, directions and a helping hand to members of the public. With staff, he is always there to greet you with a smile and a hello, an offer to help with a heavy load, and a set of watchful eyes when you are walking to your car at night. Manuel is a true example of living our core values of the commitment, customer service and courtesy. FORWARD COMPLETED NOMINATION TO: National City Performance Recognition Program Human Resources Department Nominated by: Stacey Stevenson, Director of Administrative Services IS Date: CC/CDC-HA Agenda 9/15/2015 — Page 10 The following page(s) contain the backup material for Agenda Item: 2015 Community Emergency Response Team Graduates ITEM NO. 9/15/15 2015 COMMUNITY EMERGENCY RESPONSE TEAM ACADEMY GRADUATES PRESENTATION NATIONAL CITY FIRE DEPARTMENT (FIRE) CC/CDC-HA Agenda 9/15/2015 — Page 12 The following page(s) contain the backup material for Agenda Item: 2015 Alliance Healthcare Foundation Grant ITEM NO. 9/15/15 2015 ALLIANCE HEALTHCARE FOUNDATION GRANT PRESENTATION ALLIANCE HEALTHCARE FOUNDATION (FIRE) CC/CDC-HA Agenda 9/15/2015 — Page 14 The following page(s) contain the backup material for Agenda Item: San Diego Regional Task Force on the Homeless Presentation of the Annual We All Count. (Neighborhood Services) Item # 09/15/15 SAN DIEGO COUNTY REGIONAL TASK FORCE ON THE HOMELESS PRESENTATION OF THE ANNUAL WE ALL COUNT Armando Vergara, Director of Neighborhood Services Megan Black, Project Coordinator RTFHSD CC/CDC-HA Agenda 9/15/2015 — Page 16 The following page(s) contain the backup material for Agenda Item: Sweetwater River Bike Path Gap Closure at Plaza Bonita Road - Emilio Rodriguez, San Diego Association of Governments (Engineering/Public Works) Item 9/15/15 SWEETWATER RIVER BIKE PATH GAP CLOSURE AT PLAZA BONITA ROAD - EMILIO RODRIGUEZ, SAN DIEGO ASSOCIATION OF GOVERNMENTS (ENGINEERING/PUBLIC WORKS) CC/CDC-HA Agenda 9/15/2015 — Page 18 The following page(s) contain the backup material for Agenda Item: The Status of Water Availability and Water Rates (Mayor Morrison) ITEM # 9-15-15 THE STATUS OF WATER AVAILABILITY AND WATER RATES (MAYOR MORRISON) CC/CDC-HA Agenda 9/15/2015 — Page 20 The following page(s) contain the backup material for Agenda Item: 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) ITEM # 9-15-15 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) CC/CDC-HA Agenda 9/15/2015 — Page 22 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 by piggybacking Western States Contracting Alliance (WSCA) contract B27160, and authorizing the purchase from Dell Inc. of a Storage Area Network Array for an amount not t CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City waiving the bid process by piggybacking Western States Contracting Alliance (WSCA) contract B27160, and authorizing the purchase from Dell Inc. of a Storage Area Network Array for an amount not to exceed $35,036. PREPARED BY: Ron Williams DEPARTMENT: AS PHONE: 619-336-4373 APPROVED BY: (i "" EXPLANATION: The National City Police Department is implementing NetRMS, a county -wide platform for web -based records management. The new NetRMS system requires storage capacity (6 Terabytes) that exceeds the available capacity in the current storage infrastructure. Deploying the Dell PS6100X Storage Area Network Array will provide adequate storage (28 Terabytes) to support NetRMS and allow for future data growth within the infrastructure. It is requested that Council waive the formal bidding requirements as allowed in Chapter 2.60.260 of the Municipal Code, and award the purchase to Dell Inc., for the following reasons: 1. State of California Western States Contracting Alliance (WSCA) contract B27160 is in compliance with National City purchasing requirements. 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, oint in the process. , FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. 629-417-082-502-0000 APPROVED: ENVIRONMENTAL REVIEW: This is not a project, therefore does not require environmental review ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Authorize staff to waive the formal bid process and procure a Dell PS6100X Storage Area Network Array BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Quote, Contract Information, Resolution 9/2/2015 https://www.dell.com/Cart/us/eNRC1154835/Cart/PrintSku 9/2/2015 5:09:34 PM eQuote Details Order Contact Shipping eQuote Number 1008396120026 eQuote Name NETRMS Description Netrms storage Saved On 9/2/2015 Expires On 11/1/2015 Saved By rwilliams@nationalcityca.gov Premier Page City of National City Authorized Buyer Debbie Lunt DLunt@nationalcityca.gov Contract Agreement WSCA- B27160 Order Date 9/2/2015 Order Contact Tax exemption Recipient Contact Shipping Address Delivery method Trade compliance eQuote Cart Contents Item Add to List Ron Williams National City (619) 336-4373 rwilliams@nationalcityca.gov No, I am not tax exempt Ron Williams City of National City (619) 336-4373 rwilliams@nationaldtyca.gov 1243 National City Blvd National City, CA 91950 no charge delivery No, I will not be exporting Quantity Estimated Ship Date Price Dell EqualLogic PS610OX-Mainstream 1 9/24/2015 $55,055.00 Performance-1Ok SAS Drives EqualLogic PS6100 2.5" Premier Discount (521,471.45) 533,583.55 No Training Selected 1 50.00 No Training Selected Subtotal Estimated Shipping Estimated Tax Total $33,583.55 So.00 51,451.83 s35,035.38 https://www.dell.com/Cart/us/en/RC1154835/Cart/PrintSku 1/2 9/2/2015 https://www.dell.com/Cart/us/eNRC1154835/Cart/PrintSku ® 2015 Dell Same day shipment subject to order size limitations, Dell standard shipping methods and payment via credit card, gift card or Dell Business Credit. Notification will be provided if there are payment delays which could impact shipping date. Electronics and accessories may ship separately. Smart Selection. Limited quantities. Only available for orders placed by 5:59 p.m. CT Mon.-Thurs. Systems shipped the next business day after an order is placed. Subject to order approval. Software and accessories not part of the configuration will be shipped separately and may arrive after your system. Please note that Smart Selection Configuration pricing cannot be combined with other pricing offers or discounts provided or agreed to by Dell. Orders with Custom Factory Integration might require additional processing time. ^Dell Business Credit: OFFER VARIES BY CREDITWORTHINESS AS DETERMINED BY LENDER. Offered by WebBank to Small and Medium Business customers with approved credit. Taxes, shipping and other charges are extra and vary. Minimum monthly payments are the greater of $15 or 3% of account balance. https://www.dell.com/Cart/us/en/RC1154835/Cart/PrintSku 2/2 WESTERN STATES CONTRACTING ALLIANCE MASTER PRICE AGREEMENT for COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES Number B27160 This Agreement is made and entered into by Dell Marketing L.P., One Dell Way, Mai!stop 8708, Round Rock, TX 78682 ("Contractor") and the State of Minnesota, Department of Administration ("State") on behalf of the State of Minnesota, participating members of the National Association of State Procurement officials (NASPO), members of the Western States Contracting Alliance (WSCA) and other authorized Purchasing Entities. RECITALS WHEREAS, the State has the need to purchase and the Contractor desire to sell; and, WHEREAS, the State has the authority to offer contracts to CPV members of the State of Minnesota and to other states. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: INTENT AND PURPOSE The intent and purpose of this Agreement is to establish a contractual relationship with equipment manufacturers to provide, warrant, and offer maintenance services on ALL products proposed in their response to the RFP issued by the State of Minnesota. Delivery, support, warranty, and maintenance may be provided by the Contractor using subcontractors. The Contractor agrees to take responsibility for the warranty and maintenance of all products furnished under this Agreement. The Contractor is responsible for the timeliness and quality of all services provided by individual subcontractors. Subcontractor participation will be governed by individual Participating Entities, who have the sole discretion to determine if they will accept services from a subcontractor. Individual Purchasing Entities may enter in to lease agreements for the products covered in this Master Price Agreement, if they have the legal authority to enter into these types of agreements without going through a competitive process. The Contractor submitted copies of its lease agreements with its response to the RFP. The lease agreements were not reviewed Published: February 9, 2004 REQUEST FOR PROPOSAL Page 1 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials or evaluated as part of the RFP evaluation process. The agreement is located in Exhibit D, Leasing. The Agreement is NOT for the purchase of major, large hardware or hardware and software offerings. In general, individual units/configurations for servers and storage (SANs, etc.) should not exceed $300,000 each. Desktop per unit/configuration costs should not exceed $100,000. Printers of all types and monitors per unit/configuration costs should not exceed $50,000 each. It is the expressed intent of some of the Participating States to set this level at not to exceed $25,000 each, or $50,000. Contractors must be willing to comply with these restrictions by agreeing to supply products in those price ranges only. This IS NOT a restriction on how many units/configurations can be purchased, but on the value of each individual unit/configuration. Individual Participating States and Participating Entities may set specific limits in a participating addendum above these limits, with the prior approval of the WSCA Directors; or may set specific limits in a participating addendum below these limits. Contractors may offer, but participating states and entities do not have to accept, limited professional services related ONLY to the equipment and configuration of the equipment purchased through the Agreement. 1. Definitions "Announced Promotional Price" are prices offered nationally to specific categories of customers (Consumer, Business or government) for defined time periods under predefined terms and conditions. "Consumables" those items that are required for the operation of the Equipment offered or supplied which are consumed over time with the purchaser's use of the equipment are included — printer cartridges, batteries, projector bulbs, etc. Consumables such as magnetic media, paper and generally available office supplies are excluded. "Configuration" in most instances in this document means a total system configuration. This may include more than one model or part number (or SKU), or a combination of hardware, software, and configuring of the system to make the system work. "Contract" means a binding agreement for the procurement of items of tangible personal property or services. Contract and Master Price Agreement are used interchangeably in this document. "Contractor" means the successful Responder who enters into a binding Master Price Agreement. The Contractor is responsible for all sales, support, warranty, and maintenance services for the products included in this Agreement. The Contractor must manufacture or take direct, non -assignable, legal responsibility for the manufacture of the equipment and warranty thereof. For the purposes of this Contract, the term Contractor and Contract Vendor are synonymous. Published: February 9, 2004 REQUEST FOR PROPOSAL Page 2 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials "CPV Member" is any governmental unit having independent policy making and appropriating authority, that is a member of Minnesota's Cooperative Purchasing Venture (CPV) program. "CPV Program." The Cooperative Purchasing Venture (CPV) program, as established by Minn. Stat. § 16C.03, subd. 10, authorizes the commissioner of Administration to "enter into a cooperative purchasing agreement for the provision of goods, services, and utilities with [governmental entities] ..., as described in section 471.59, subdivision 1." Based on this authority, the commissioner of Administration, through the Materials Management Division (MMD), enters into a joint powers agreement that designates MMD as the authorized purchasing agent for the governmental entity. It is not legal for governmental entities that are not members of the CPV program to purchase from a State contract. Vendors are free to respond to other solicitations with the same prices they offer under a contract, but that is not considered use of the "State contract price." "Cumulative Volume Discount" means a contractual, cumulative, permanent volume discount based on dollars resulting from the cumulative purchases by all governmental purchasers for the duration of the Master Price Agreement. "Documentation" refers to manuals, handbooks, and other publications listed in the PSS, or supplied with products listed in the PSS, or supplied in connection with services. Documentation may be provided on magnetic media or may be downloaded from the Contractor's web site. "E-Rate" is a program sponsored by the Federal Communications Commission whereby educational and other qualifying institutions may purchase authorized technology at reduced prices. "Educational Discount Price" means the price offered in a nationally announced promotion, which is limited to educational customers only. "Equipment" " means workstations, desktop, laptop (includes Tablet PC's), handheld (PDA) devices, projectors, servers, printers, monitors, computing hardware, including upgrade components such as memory, storage drives, and spare parts. AUDIO VISUAL PRODUCTS (digital cameras, televisions, whiteboards, etc.) are NOT included in this RFP or subsequent contracts. The exception to this definition is whiteboards, which can be sold as part of the Instructional Bundles, but not as a stand-alone item. "FCC" means the Federal Communications Commission or successor federal agency. In the event of deregulation, this term applies to one or more state regulatory agencies or other governing bodies charged to perform the same, or similar, role. "General Price Reduction Price" means the Contractor retail price reduction offered to consumer, business or governmental purchasers. General Price reduction prices will be reflected in the PSS as soon as practical. Published: February 9, 2004 REQUEST FOR PROPOSAL Page 3 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials "Lead State" means the State conducting this cooperative solicitation and centrally administering any resulting Master Price Agreement(s). For this Master Price Agreement, the Lead State is Minnesota. "Mandatory" The terms "must" and "shall" identify a mandatory item or factor. "Manufacturer" means a company that, as its primary business function, designs, assembles, owns the trademark/patent and markets computer equipment including workstations, desktop computers, laptop (includes Tablet PC's) computers, handheld (PDA) devices, servers, printers, and storage solutions/auxiliary storage devices. The manufacturer must provide direct un-infringed unlimited USA OEM warranties on the products. The manufacturer's names) shall appear on the computer equipment. The Contractor(s) shall provide the warranty service and maintenance for equipment on a Master Price Agreement as well as a Takeback Program. "Master Price Agreement" means the contract that MMD will approve that contains the foundation terms and conditions for the acquisition of the Contractor's products and/or services by Purchasing Entities. The "Master Price Agreement" is a permissive price agreement. In order for a Purchase Entity to participate in a Master Price Agreement, the appropriate state procurement official or other designated procurement official must be a Participating State or Participating Entity. "Materials Management Division" or "MMD" means the procurement official for the State of Minnesota or a designated representative. "NASPO" means the National Association of State Procurement Officials "Participating Addendum" or "Participating Addenda" means a bilateral agreement executed by the Contractor and a Participating State or political subdivision of a State that clarifies the operation of the price agreement for the State or political subdivision concerned, e.g. ordering procedures specific to a State or political subdivision and other specific language or other requirements. Terms and conditions contained in a Participating Addendum shall take precedence over the corresponding terms in the master price agreement. Additional terms and conditions, including but not limited to payment terms, may be added via the Participating Addendum. However, a Participating Addendum may not alter the scope of this Agreement or any other Participating Addendum. Unless otherwise specified, the Participating Addendum shall renew consecutively with the Master Price Agreement. One digitally formatted, executed copy of the Participating Addendum must be submitted to the WSCA/NASPO Contract Administrator PRIOR to any orders being processed. "Participating State" or "Participating Entity" means a member of NASPO (Participating State) or a political subdivision of a NASPO member (Participating Entity) who has indicated its intent to participate by signing an Intent to Participate, where required, or another state or. political subdivision of another state authorized by the WSCA Directors to be a party to the resulting Master Price Agreement. Published: February 9, 2004 REQUEST FOR PROPOSAL Page 4 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials "PDA" means a Personal Digital Assistant and refers to a wide variety of handheld and palm -size PCs, and electronic organizers. PDA's usually can store phone numbers, appointments, and to-do lists. PDA's can have a small keyboard, and/or have only a special pen that is used for input and output. The PDA can also have a wireless fax modem. Files can be created on a PDA which is later entered into a larger computer. NOTE: For this procurement, all Tablet PC's are NOT considered PDA's. The Contractor(s) shall provide the warranty service and maintenance for equipment on a Master Price Agreement as well as a Takeback Program. "Peripherals" means any product,that can be attached to, added within, or networked with personal computers or servers, including but not limited to storage, printers (including multifunction network printers), scanners, monitors, keyboards, projectors, uninterruptible power supplies and accessories. Software, as defined in the RFP, is not considered a peripheral. Adaptive/Assistive technology devices are included as well as configurations for education. Peripherals may be manufactured by a third party, however, Contractor shall not offer any peripherals manufactured by another contractor holding a Master Price Agreement without the prior approval of the WSCA/NASPO Contract Administrator. AUDIO VISUAL PRODUCTS (digital cameras, televisions, whiteboards, etc.) are NOT included in the contract. The exception to this definition is whiteboards, which can be sold as part of the Instructional Bundles, but not as a stand-alone item. The Contractor(s) shall provide the warranty service and maintenance for equipment on a Master Price Agreement as well as a Takeback Program. "Permissive Price Agreement" means that placement of orders through the Price Agreement is discretionary with Purchasing Entities. They may satisfy their requirements through the Price Agreement without using statutory or regulatory procedures (e.g., invitations for bids) to solicit competitive bids or proposals. Purchasing Entities may, however, satisfy requirements without using the Price Agreement as long as applicable procurement statutes and rules are followed. "Per Transaction Multiple Unit Discount" means a contractual volume discount based on dollars in a single purchase order or combination of purchase orders submitted at one time by a Purchasing Entity or multiple entities conducting a cooperative purchase. "Political Subdivision" means local pubic governmental subdivisions of a state, as defined by that state's statutes, including instrumentalities and institutions thereof. Political subdivisions include cities, counties, courts, public schools and institutions of higher education. "Price Agreement/Master Price Agreement" means an indefinite quantity contract that requires the Contractor to furnish products or services to a Purchasing Entity that issues a valid Purchase Order. "Procurement Manager" means the person or designee authorized by MMD to manage the relationships with WSCA, NASPO, and Participating States/Participating Published: February 9, 2004 REQUEST FOR PROPOSAL Page 5 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials Entities. "Product(s)" means personal computer equipment, peripherals, LAN hardware, pre - loaded Software, and Network Storage devices, but not unrelated services. The Contractor(s) shall provide the warranty service and maintenance for equipment on a Master Price Agreement as well as a Takeback Program. "Products and Services Schedule Prices" or "PSS" refers to a complete list, grouped by major product andlor service categories, of the Products and services provided by the contractor that consists of an item number, item description and the Purchasing Entity's price for each Product or Service. All such Products and services shall be approved by the WSCA/NASPO Contract Administrator prior to being listed on a Contractor -supplied web site accessed via a URL. The Contractor(s) shall provide the warranty service and maintenance for all equipment listed on the PSS on a Master Price Agreement as well as a Takeback Program. "Purchase Order" means an electronic or paper document issued by the Purchasing Entity that directs the Contractor to deliver Products or Services pursuant to a Price Agreement. "Purchasing Entity" means a Participating State or another legal entity, such as a political subdivision, properly authorized by a Participating State to enter into a contract for the purchase of goods described in this solicitation. Unless otherwise limited by statute, in this solicitation or in a Participating Addendum, political subdivisions of Participating States are Purchasing Entities and authorized to purchase the goods and/or services described in this solicitation. "Refurbished Products" are products that may have been powered on or used by another customer that have been fully retested, defective parts replaced, and repackaged to meet original factory specifications. "Services" are broadly classed as installation/de-installation, maintenance, support, training, migration, and optimization of products offered or supplied under the Master Price Agreement. These types of services may include, but are not limited to: warranty services, maintenance, installation, de -installation, factory integration (software or equipment components), asset management, recycling/disposal, training and certification, pre -implementation design, disaster recovery planning and support, service desk/helpdesk, and any other directly related technical support service required for the effective operation of a product offered or supplied. General consulting and all forms of application development and programming services are excluded. "Servicing Subcontractor/Subcontractor/Reseller Agent" means a Contractor authorized and state -approved subcontractor who may provide local marketing support or other authorized services on behalf of the Contractor in accordance with the terms and conditions of the Contractor's Master Price Agreement. A wholly owned subsidiary or other company providing warranty or other technical support services qualifies as a Servicing Subcontractor. Local business partners may qualify as Servicing Subcontractors. Servicing Subcontractors may not directly accept Purchase Published: February 9, 2004 REQUEST FOR PROPOSAL Page 6 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials Orders or payments for Products or Services from Purchasing Entities, unless otherwise provided for in a Participating Addendum. Servicing Subcontractors shall be named individually or by class in the Participating Addendum. The Contractor(s) actually holding the Master Price Agreement shall be responsible for Servicing Subcontractor's providing products and services, as well as warranty service and maintenance for equipment the subcontractor has_ provided on a Master Price Agreement as well as the Takeback Program. "Standard Configurations" or "Premium Savings Configurations (Packages)" means deeply discounted standard configurations that are available to Purchasing Entities using the Master Price Agreement only. Any entity, at any time, that commits to purchasing the Premium Savings Configurations shall receive the same price from the contract awardees. This specification includes a commitment to maintain and upgrade (keep pace with the advance of technology) the standard configurations for a stated period of time or intervals. "State Procurement Official" means the director of the central purchasing authority of a state. "Storage Solution/Auxiliary Storage" means the technology and equipment used for storage of large amounts of data or information. This includes technologies such as: Network Attached Storage (NAS) and Storage Area Networks (SAN). The Contractor(s) shall provide the warranty service and maintenance for equipment on a Master Price Agreement as well as a Takeback Program. "Takeback Program" means the Contractor's process for accepting the return of the equipment or other products at the end of life —as determined by the State utilizing the Master Price Agreement. "Trade In" refers to the exchange of used Equipment for new Equipment at a price reduced by the value of the used Equipment. "Travel" means expenses incurred by authorized personnel directly related to the performance of a Service. All such expenses shall be documented in a firm quotation for the Purchasing Entity prior to the issuance and acceptance of a Purchase Order. Travel expenses will be reimbursed in accordance with the purchasing entities allowances, if any, as outlined in the PA. "Universal Resource Locator" or "URL" means a standardized addressing scheme for accessing hypertext documents and other services using the WWW browser. "WSCA" means the Western States Contracting Alliance, a cooperative group contracting consortium for state procurement officials, representing departments, institutions, agencies, and political subdivisions (i.e., colleges, school districts, counties, cities, etc.) for the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Minnesota, Montana, Nevada, New Mexico, Oregon, South Dakota, Utah, Washington, and Wyoming. Published: February 9, 2004 REQUEST FOR PROPOSAL Page 7 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials "WSCA/NASPO Contract Administrator" means the person or designee authorized by MMD to manage all actions related to the Master Price Agreements on behalf of the State of Minnesota, the participating NASPO and WSCA members, and other authorized purchasers. 2. Scope of Work The Contractor, or its approved subcontractor, shall deliver computing system Products and services to Purchasing Entities in accordance with the terms of this agreement. This Agreement is a "Master Price Agreement". Accordingly, the Contractor shall provide Products or Services only upon the issuance and acceptance by Contractor of valid "Purchase Orders". Purchase Orders may be issued to purchase the license for software or to purchase products listed on the Contractor's PSS. A Purchasing Entity may purchase any quantity of Product or Service listed in the Contractor's PSS at the prices in accordance the Paragraph 13, Price Guarantees. Subcontractor participation is governed by the individual Participating State procurement official. The Contractor is required to provide and/or agree to take responsibility for the manufacturer's warranty and maintenance of all proposed equipment, including peripherals. Taking responsibility means the Contractor will provide fulfillment of manufacturer's warranty and maintenance and will provide warranty and maintenance call numbers, ensure manufacturer accepts, processes and responds to those calls, and Contractor shall take responsibility to fulfill warranty as purchased with product. The Contractor shall offer a Takeback Program for all products covered by this Agreement. 3. Title Passage The Contractor must pass unencumbered title to any and all products purchased under this Contract upon receipt of product by the State. This obligation on the part of the Contractor to transfer all ownership rights does not apply to proprietary materials owned or licensed by the Contractor or its subsidiaries, subcontractors or licensor, or to unmodified commercial software that is available to the State on the open market. Ownership rights to such materials shall not be affected in any manner by this Agreement 4. Permissive Price Agreement and Quantity Guarantee This Agreement is not an exclusive agreement. Purchasing Entities may obtain computing system Products and services from other sources during the agreement term. The State of Minnesota, NASPO and WSCA make no express or implied warranties whatsoever that any particular number of Purchase Orders will be issued or that any particular quantity or dollar amount of Products or Services will be procured. 5. Order of Precedence Each Purchase Order that is accepted by the Contractor shall become a part of the Agreement as to the Products and services listed on the Purchase Order only; no additional terms or conditions will be added to this Agreement as the result of acceptance of a Purchase Order. The Contractor agrees to accept all valid Purchase Orders. In the event of any conflict among these documents, the following order of precedence shall apply: Published: February 9, 2004 REQUEST FOR PROPOSAL Page 8 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials A. Executed Participating Addendum(s); B. Terms and conditions of this Agreement; C. Exhibits and amendments to this Agreement; D. The list of products and services contained in the purchase order; E. The request for proposals document; and F. Contractor's proposal including best and final offer. 6. Payment Provisions All payments under this Agreement are subject to the following provisions: A. Acceptance A Purchasing Entity shall determine whether all Products and services delivered meet the Contractor's published specifications. No payment shall be made for any Products or Services until the Purchasing Entity has accepted the Products or Services. The Purchasing Entity will make every effort to notify the Contractor within fifteen (15) calendar days of non -acceptance of a product or service; otherwise the Products or Services shall be deemed accepted B. Payment of Invoice Payments shall be submitted to the Contractor at the address shown on the invoice, as long as the Contractor has exercised due diligence in notifying the State of Minnesota and/or the Purchasing Entity of any changes to that address. Payment shall be made within 30 days following receipt of an invoice. The ordering entity is not required to pay the Contractor for any goods and/or services provided without a written purchase order or other approved ordering document from the appropriate purchasing entity. In addition, all goods and/or services provided must meet all terms, conditions, and specifications of the Contract and other ordering document and be accepted as satisfactory by the ordering entity before payment will be issued. Payments may be made via a Purchasing Entity's "Purchasing Card" at the time of order placement only. In the event an order is shipped incomplete (partial), the Purchasing Entity shall pay for each shipment as invoiced by the Contractor unless the Purchasing Entity has clearly specified "No Partial Shipments" on each Purchase Order. C. Payment of Taxes Payment of taxes for any money received under this agreement shall be the Contractor's sole responsibility and shall be reported under the Contractor's federal and state tax identification numbers. If a Purchasing Entity is not exempt from sales, gross receipts, or local option taxes for the transaction, the Contractor shall be reimbursed by the Purchasing Entity to the extent of any tax liability assessed. Published: February 9, 2004 REQUEST FOR PROPOSAL Page 9 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials The State of Minnesota State agencies are subject to paying Minnesota sales and use taxes. Taxes for State agencies will be paid directly to the Department of Revenue using Direct Pay Permit #1114. D. Invoices Invoices shall be submitted to the Purchasing Entity at the address shown on the Purchase Order. Invoices shall match the total amount for each configuration on the Purchase Order. 7. Agreement Term Pursuant to Minnesota law, the term of this Agreement shall be effective upon the date of final execution by the State of Minnesota, through August 31, 2012. The Agreement may be mutually renewed for two (2) additional one-year terms, or one additional two-year term, unless terminated pursuant to the terms of this Agreement. 8. Termination The following provisions are applicable in the event that the agreement is terminated. A. Termination for Convenience At any time, the State may _terminate this agreement, in whole or in part, by giving the Contractor (30) days written notice; provided, however, neither the State nor a Purchasing Entity has the right to terminate a specific purchase order for convenience after it has been issued if the product is ultimately accepted. At any time, the Contractor may terminate this Agreement, in whole or in part, by giving the WSCA/NASPO Contract Administrator sixty (60) days written notice. Such termination shall not relieve the Contractor of warranty or other Service obligations incurred under the terms of this Agreement. In the event of a cancellation, the Contractor shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed and accepted. B. Termination for Cause Either party may terminate this Agreement for cause based upon material breach of this Agreement by the other party, provided that the non -breaching party shall give the breaching party written notice specifying the breach and shall afford the breaching party a reasonable opportunity to correct the breach. If within thirty (30) days after receipt of a written notice the breaching party has not corrected the breach or, in the case of a breach that cannot be corrected in thirty (30) days, begun and proceeded in good faith to correct the breach, the non -breaching party may declare the breaching party in default and terminate the Agreement effective immediately. The non -breaching party shall retain any and all other remedies available to it under the law. C. A Purchasing Entity's Rights In the event this Agreement expires or is terminated for any reason, a Purchasing Entity shall retain its rights in all Products and services accepted Published: February 9, 2004 REQUEST FOR PROPOSAL Page 10 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials prior to the effective termination date. D. The Contractor's Rights In the event this Agreement expires or is terminated for any reason, a Purchasing Entity shall pay the Contractor all amounts due for Products and services ordered and accepted prior to the effective termination date or ordered before the effective termination date and ultimately accepted. 9. Non -Appropriation The terms of this Agreement and any purchase order issued for multiple years under this Agreement is contingent upon sufficient appropriations being made by the Legislature or other appropriate governing entity. Notwithstanding any language to the contrary in this Agreement or in any purchase order or other document, a Purchasing Entity may terminate its obligations under this Agreement, if sufficient appropriations are not made by the governing entity at a level sufficient to allow for payment of the goods or services due for multiple year agreements, or if operations of the paying entity are being discontinued. The Purchasing Entity's decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final and binding. A Purchasing Entity shall provide sixty (60) days notice, if possible, of its intent to terminate for reason cited above. Such termination shall relieve the Purchasing Entity, its officers and employees from any responsibility or liability for the payment of any further amounts under the relevant Purchase Order. 10. Shipment and Risk of Loss A. All deliveries shall be F.O.B. destination, prepaid and allowed, with all transportation and handling charges included in the price of the product and paid by the Contractor. Responsibility and liability for loss or damage shall remain with the Contractor as long as the Contractor designates the carrier, until delivery to the identified ship -to address, when responsibility shall pass to the Purchasing Entity except as to latent defects, fraud and Contractor's warranty obligations. B. Whenever a Purchasing Entity does not accept Products due to missing, damaged, defective, incorrect order and returns them to the Contractor, all related documentation furnished by the Contractor shall be returned also. Unless otherwise agreed upon by the Purchasing Entity, the Contractor is responsible for the return shipping cost of returned Products. The Contractor shall bear all risk of loss or damage with respect to returned Products due to missing, damaged, defective and incorrect order, except for loss or damage directly attributable to the negligence of the Purchasing Entity. C. Unless otherwise arranged between the Purchasing Entity and Contractor, all Products shall be shipped within 14 to 30 days after receipt of a purchase order, by a reliable and insured shipping company. 11. Warranties Published: February 9, 2004 REQUEST FOR PROPOSAL Page 11 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials A. The Contractor agrees to warrant and assume responsibility for each Product that it licenses, or sells, to the Purchasing Entity under this Agreement. The Contractor agrees to take legal responsibility for the warranty and maintenance of all products furnished through this Agreement. Taking responsibility means the Contractor will provide fulfillment of manufacturer's warranty and maintenance and will provide warranty and maintenance call numbers, ensure manufacturer accepts, processes, and responds to those calls. The Contractor acknowledges that the Uniform Commercial Code applies to this Agreement. In general, the Contractor warrants that: 1. The Product conforms to the specific technical information about the Contractor's products which is published in the Contractor's product manuals or data sheets, or as listed on Contractor's website. 2. The product will meet mandatory specifications provided in writing to the Contractor prior to reliance by the Participating Entity on the Contractor's skill or judgment when it advised the Purchasing Entity about the Product's ability to meet those mandatory specifications. 3. The Product will be suitable for the ordinary purposes for which such Product is intended, 4. The Product has been properly designed and manufactured for its intended use, and 5. The Product is free of significant defects in material and workmanship, or unusual problems about which the Purchasing Entity has not been warned. 6. The warranty on all Products begins on the date of the title transfer as described in Article 10. 7. Exhibit A contains additional warranties in effect as of the date of this Agreement. The warranties will be limited in duration to the time period(s) provided in Exhibit A. The warranties will not apply to use of a Product other than as anticipated and intended by the Contractor, to a problem arising after changes or modifications to the Products or operating system by any party other than the Contractor (unless expressly authorized in writing by the Contractor), or the use of a Product in conjunction or combination with other products or software not authorized by the Contractor. The following is a list of the warranties attached as Exhibit A: a) ProSupport for IT b) ProSupport for End Users c) CompleteCare B. Contractor may modify the warranties described in Exhibit A from time to time with the prior notice of the WSCA/NASPO Contract Administrator. C. Warranty documents for Products manufactured by a third party shall be Published: February 9, 2004 REQUEST FOR PROPOSAL Page 12 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials delivered to the Purchasing Entity with the Products as provided by the Manufacturers. D. The basic warranty offered shall be three year, next business day, as stated in Appendix B of the RFP, for all products included in the Bands listed in Article 14 Products and Services Schedule. 12. Patent, Copyright, Trademark and Trade Secret Indemnification A. The Contractor shall defend, at its own expense, the State of Minnesota, Participating and Purchasing Entities and their agencies against any claim that any Contractor Branded Product or Contractor Branded Service provided under this Agreement infringes any patent, copyright or trademark in the United States or Puerto Rico, and shall pay all costs, damages and attorneys' fees that a court finally awards as a result of any such claim. In addition, if any third party obtains a judgment against a Purchasing Entity based upon the Contractor's trade secret infringement relating to any Contractor Branded Product or Contractor Branded Service provided under this Agreement, the Contractor agrees to reimburse the Lead State for all costs, attorneys' fees and the amount of the judgment. To qualify for such defense and/or payment, the Lead State or Participating or Purchasing Entity shall: 1. Give the Contractor prompt written notice of any claim; 2. Allow the Contractor to control the defense or settlement of the claim; and 3. Cooperate with the Contractor in a reasonable way to facilitate the defense or settlement of the claim. B. If any Products or Service becomes, or in the Contractor's opinion is likely to become the subject of a claim of infringement, the Contractor shall at its option and expense: 1. Provide a Purchasing Entity the right to continue using the Products or Services; 2. Replace or modify the Products or Services so that it becomes non - infringing; or 3. Accept the return of the Products or Service and refund an amount equal to the depreciated value of the returned Products or Service, less the unpaid portion of the purchase price and any other amounts, which are due to the contractor. The Contractor's obligation will be void as to any Products or Services modified by the Purchasing Entity to the extent such modification is the cause of the claim. C. The Contractor has no obligation for any claim of infringement arising from: 1. The Contractor's compliance with the Purchasing Entity's or by a third party on the Purchasing Entity's behalf designs, specifications, or instructions; Published: February 9, 2004 REQUEST FOR PROPOSAL Page 13 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western States Contracting Alliance and the National Association of State Procurement Officials 2. The Contractor's use of technical information or technology provided by the Purchasing Entity; 3. Product modifications by the Purchasing Entity or a third party; 4. Product use prohibited by Specifications or related application notes; or 5. Product use with products that are not the Contractor branded. 6. Non -Contractor Branded Product offerings — with respect to any claim that Non -Contractor Branded product(s) infringes upon another person's or entity's patent, copyright, trade secret or other intellectual property rights in the United States. Contractor agrees to pass through to the appropriate Purchasing Entity any rights to indemnification protection for which Contractor currently or subsequently has an agreement in place with the potentially infringing equipment manufacturer/entity. 13. Price Guarantees The Purchasing Entities shall pay the lower of the prices contained in the PSS or an Announced Promotion Price, Educational Discount Price, General Price Reduction price, Trade -In price, Standard Configuration price or Per Transaction Multiple Unit Discount. Only General Price Reduction price decreases will apply to all subsequent Purchase Orders accepted by Contractor after the date of the issuance of the General Price Reduction prices. The initial base -line, Cumulative, and Per Transaction Multiple Unit Discounts shall be submitted by the Contractor in a format agreeable to both parties prior to signing the Agreement. Once a cumulative volume has been reached, the increased price discount will apply to all future orders, until the next level of cumulative volume is reached. 14. Product and Service Schedule The Contractor agrees to maintain the PSS in accordance with the following provisions: A. The PSS prices for Products and services will conform to the guaranteed prices discount levels on file with WSCAINASPO Contract Administrator for the following Products: Band 1 — Servers Band 2 — Workstations Band 3 — Printers Band 4 — Storage Solutions Band 5 — PDAs Band 6 — Instructional Packages (Bundles) Band 7 — Monitors Operating Systems Local Area Networks Published: February 9, 2004 REQUEST FOR PROPOSAL Page 14 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials Digital Projectors B. The Contractor may change the price of any Product or Service at any time, based upon documented baseline price changes, but the guaranteed price discount levels shall remain unchanged during the agreed period unless or until prior approval is obtained from the WSCA/NASPO Contract Administrator. The Contractor agrees that the PSS on the State's administration website shall contain a single, uniform WSCA price for configurations and items. Failure to comply with this requirement will be grounds for further action to be taken against the Contractor. C. The Contractor may make model changes; add new Products, and Product upgrades or Services to the PSS in accordance with Item 15. Product Substitutions, below. The pricing for these changes shall incorporate, to the extent possible, comparable price discount levels approved by the WSCA/NASPO Contract Administrator for similar Products or Services. D. The Contractor agrees to delete obsolete and discontinued Products from the PSS on a timely basis. E. The Contractor shall maintain the PSS on a Contractor supplied Internet web site. 15. Product Substitutions A. Substitution of units/configurations MMD and the WSCA Directors acknowledge that individual units and configurations may stop being produced during the life of the resulting contracts. Substitution of different units and configurations will be permitted with the prior written approval of the WSCA/NASPO Contract Administrator. This substitution is at the sole discretion of the WSCA/NASPO Contract Administrator, subject only to review and approval of the WSCA/NASPO Contract Administrator. B. Addition of units/configurations MMD and the WSCA Directors acknowledge that with the evolution of technology, new, emerging units and configurations will develop. Addition of these new, emerging units may be permitted, with the prior approval of the WSCA/NASPO Contract Administrator and the WSCA Directors. The addition of new, emerging units and configurations is at the sole discretion of the WSCA/NASPO Contract Administrator, subject only to review and approval of the WSCA Directors. 16. Technical Support The Contractor agrees to maintain a toll -free technical support telephone line. The line shall be accessible to Purchasing. Entity personnel who wish to obtain competent technical assistance regarding the installation or operation of Products supplied by the Published: February 9, 2004 REQUEST FOR PROPOSAL Page 15 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials Contractor during a product warranty period or during a support agreement. 17. Takeback and Other Environmental Programs The Contractor agrees to maintain for the term of this Agreement, and all renewals/extensions thereof, programs as described in the following paragraphs. A. Takeback/Recycling of CPUs, servers, monitors, flat panel displays, notebook computers, and printers. Costs are list on the web site. B. Environment: Compliance with the following standards: Blue Angel, EcoLogo, Energy Star, EPEAT (by level), Green Guard, Nordic Swan, and TCO. C. Product labeling of compliance with Items B & C above, as well as a identification of such information on the web site. 18. Product Delivery Contractor agrees to deliver Products to Purchasing Entities within 14-30 days after receipt of a valid Purchase Order, or in accordance with the schedule in the Purchasing Entity's Purchase Order. 19. Force Majeure Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that performance of any such obligations is prevented or delayed by acts of God, war, riot , industry -wide constraints or other catastrophes beyond the reasonable control (each a "Force Majeure event") of the party unless the act or occurrence could have been reasonably foreseen and reasonable action could have been taken to prevent the delay or failure to perform. A party not performing due to a Force Majeure event under this provision must provide the other party prompt written notice of the Force Majeure event and take all necessary steps to bring about performance as soon as practicable. 20. Records and Audit Per Minn. Stat. § 16C.05, Subd. 5, the books, records, documents, and accounting procedures and practices of the Contractor and its employees, agents, or subcontractors relevant to the Contract or transaction must be made available and subject to examination by the contracting agency or its agents, the Legislative Audit and/or the State Auditor for a minimum of six years after the end of the Contract or transaction. Unless otherwise required by other than Minnesota Purchasing Entity governing law, such records relevant to other Purchasing Entity transactions shall be subject to examination by appropriate government authorities for a period of three years from the date of acceptance of the Purchase Order. 21. Independent Contractor The Contractor and its agents and employees are independent contractors and are not employees of the State of Minnesota or of any participating entity. The Contractor has Published: February 9, 2004 REQUEST FOR PROPOSAL Page 16 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials no authorization, express or implied to bind the Lead State, NASPO, WSCA or any participating entity to any agreements, settlements, liability or understanding whatsoever, and agrees not to perform any acts as agent for the Lead State, NASPO, WSCA, or participating entity, except as expressly set forth herein. The Contractor and its agents and employees shall not accrue leave, retirement, insurance, bonding, use of state vehicles, or any other benefits afforded to employees of the Lead State or Participating Entity as a result of this Agreement. 22. Use of Servicing Subcontractors The Contractor may subcontract services and purchase order fulfillment and/or support in accordance with the following paragraphs. However, the Contractor shall remain solely responsible for the performance of this Agreement. A. Reseller Agent, Agent, Service Provider or Servicing Subcontractors shall be identified individually or by class in the applicable Participating Addendum, or as noted in the Participating Addendum on the Purchasing Entities extranet site. The ordering and payment process for Products or Services shall be defined in the Participating Addendum. 23. Payments to Subcontractors In the event the Contractor hires subcontractors to perform all or some of the duties of this Contract, the Contractor understands that in accordance with Minn. Stat. § 16A.1245 the Contractor shall, within ten (10) days of the Contractor's receipt of payment from the State, pay all subcontractors and suppliers having an interest in the Contract their share of the payment for undisputed services provided by the subcontractors or suppliers. The Contractor is required to pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid, undisputed balance of $100 or more will be $10. For an unpaid balance of less than $100, the amount will be the actual penalty due. A subcontract that takes civil action against the Contractor to collect interest penalties and prevails will be entitled to its costs and disbursements, including attorney's fees that were incurred in bringing the action. The Contractor agrees to take all steps necessary to comply with said statute. A consultant is a subcontractor under this Contract. In the event the Contractor fails to make timely payments to a subcontractor, the State may, at its sole option and discretion, pay a subcontractor or supplier any amounts due from the Contractor and deduct said payment from any remaining amounts due the Contractor. Before any such payment is made to a subcontractor or supplier, the State shall provide the Contractor written notice that payment will be made directly to a subcontractor or supplier. If there are not remaining outstanding payments to the Contractor, the State shall have no obligation to pay or to see to the payment of money to a subcontractor except as may otherwise be required by law. The Contractor shall ensure that the subcontractor transfers all intellectual or industrial Published: February 9, 2004 REQUEST FOR PROPOSAL Page 17 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials property rights, including but not _limited to any copyright it may have in the work performed under this Contract, consistent with the intellectual property rights and ownership sections of this Contract. In the event the Contractor does not obtain the intellectual property rights of the subcontractor consistent with the transfer of rights under this Contract, the State may acquire such rights directly from the subcontractor. Any and all costs associated with such a direct transfer may be deducted from any amount due the Contractor. 24. Indemnification, Hold Harmless and Limitation of Liability A. The Contractor shall hold the Lead State, Participating Entities and its agencies and employees harmless and shall indemnify the Lead State, Participating Entities and its agencies and employees against any and all claims, suits, actions, liabilities and costs of any kind, including reasonable attorney's fees for personal injury or damage to real property or tangible personal property arising from the negligent or willful acts or omissions of the Contractor, its agents, officers, employees or subcontractors. The State agrees that the Contractor, its principals, members and employees shall not be liable to the State for any actions, damages, claims, liabilities, costs, expenses, or losses in any way arising out of or relating to the goods provided or services performed hereunder for an aggregate amount in excess of $2,000,000. B. Contractor shall not be liable for damages that are the result of negligence by the Lead State, Participating Entity, or its employees. To the maximum extent permitted by applicable state law, Purchasing Entities agree to be responsible for their own acts, errors, or omissions pertaining to this indemnification provision. C. Additional representations For acquisition of Services, the following additional terms shall apply. To the extent permitted by law, a Participating Entity accepts responsibility for and represents and warrants that: (a) the Participating Entity has obtained the appropriate license, intellectual property rights, or any other permissions required to support any Service Description, SOW, or Technical Specification Form signed by the Parties, or Contractor's performance of the Services, including the right to make any copies or Reproductions of any Participating Entity -provided software, (b) the Participating Entity's representations regarding the existence of an export license or the eligibility for export of software without a license are accurate, or (c) that Contractor shall not be held liable for the effect (if any) on the Participating Entity's third -party product warranties caused by having Contractor perform services on such third -party Products. The Contractor's liability under the contract for any cause whatsoever shall be limited to an aggregate amount of $2,000,000. The foregoing limitation does not apply to Articles 12 and 24 A through 24 C of this Agreement or to damages resulting from personal injury caused by the Contractor's negligence. In no event shall the Contractor be liable for any indirect, special, punitive, or consequential damages arising out of this Agreement or the use of the Products or Services purchased by the Purchasing Entity hereunder. 25. Amendments Published: February 9, 2004 REQUEST FOR PROPOSAL Page 18 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials Contract amendments shall be negotiated by the State with the Contractor whenever necessary to address changes in the terms and conditions, costs, timetable, or increased or decreased scope of work. This Agreement shall be amended only by written instrument executed by the parties. An approved Contract amendment means one approved by the authorized signatories of the Contractor and the State as required by law. 26. Scope of Agreement This Agreement incorporates all of the agreements of the parties concerning the subject matter of this Agreement. No prior agreements, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement. 27. Severability If any provision of this Contract, including items incorporated by reference, is found to be illegal, unenforceable, or void, by a court of competent jurisdiction then both the State and the Contractor shall be relieved of all obligations arising under such provision. If the remainder of this Contract is capable of performance, it shall not be affected by such declaration or finding and shall be fully performed. 28. Enforcement of Agreement/Waivers A. No covenant, condition, duty, obligation, or undertaking contained in or made a part of this Contract shall be waived except by the written consent of the parties. Forbearance or indulgence in any form or manner by either party in any regard whatsoever shall not constitute a waiver of the covenant, condition, duty, obligation, or undertaking to be kept, performed, or discharged by the other party. Until complete performance or satisfaction of all such covenants, conditions, duties, obligations, and undertakings, the other party shall have the right to invoke any remedy available under law or equity, notwithstanding any such forbearance or indulgence. B. Waiver of any breach of any provision of this Contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this Contract shall be held to be waived, modified, or deleted except by an instrument, in writing, signed by the parties hereto. C. Neither party's failure to exercise any of its rights under this Contract will constitute or be deemed a waiver or forfeiture of those rights. 29. Web Site Maintenance A. The Contractor agrees to maintain and support an Internet website linked to the State's administration website for access to the PSS, service selection assistance, problem resolution assistance, billing concerns, configuration assistance, Product descriptions, Product specifications and other aids described in the RFP, and/or in accordance with instructions provided by the WSCA/NASPO Contract Administrator. The Contractor agrees that the Published: February 9, 2004 REQUEST FOR PROPOSAL Page 19 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials approved PSS on the State's administration website shall contain a single, uniform WSCA price for configurations and items. Failure to comply with this requirement will be grounds for further action to be taken against the Contractor. B. The Contractor agrees to maintain and support Participating State and Entity Internet websites for access to the specific Participating Entity PSS, as well as all other items listed in Item 29A. above. The website shall have the ability to hold quotes for 45 days, as well as the ability to change the quote. C. The Contractor may provide electronic commerce assistance for the electronic submission of Purchase Orders, purchase order tracking and reports. D. Once the website is approved, the Contractor may not make changes to the website without notifying the WSCA/NASPO Contract Administrator and receiving written approval of the changes. 30. Equal Opportunity Compliance The Contractor agrees to abide by all applicable laws, regulations, and executive orders pertaining to equal employment opportunity, including federal laws and the laws of the state in which its primary place of business is located. In accordance with such laws, regulations, and executive orders, the Contractor agrees that no person in the United States shall, on the grounds of race, color, religion, national origin, sex, age, veteran status or handicap, be excluded from employment with or participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity performed by the contractor under this Agreement. If the Contractor is found to be not in compliance with these requirements during the life of this Agreement, the Contractor agrees to take appropriate steps to correct these deficiencies. The Contractor certifies that it will remain in compliance with Minn. Stat. § 363.073 during the life of the Contract. 31. Governing Law This Agreement shall be governed and construed in accordance with the laws of the Lead State. The construction and effect of any Participating Addendum or order against this Agreement shall be governed by and construed in accordance with the laws of the Purchasing Entity's state. Venue for any claim, dispute or action concerning the construction and effect of the Agreement shall be in the Lead State. Venue for any claim, dispute or action concerning an order placed against this Agreement or the effect of a Participating Addendum or shall be in the Purchasing Entity's state. 32. Change in Contractor Representatives Contractor shall appoint a primary representative to work with the WSCA/NASPO Contract Administrator to maintain, support and market this Agreement. The Contractor shall notify the WSCA/NASPO Contract Administrator of changes in any Published: February 9, 2004 REQUEST FOR PROPOSAL Page 20 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials Contractor key personnel, in writing, and in advance if possible. The State reserves the right to require a change in Contractor's then -current primary representative if the assigned representative is not, in the opinion of the State, adequately serving the needs of the Lead State and the Participating Entities. 33. Release The Contractor, upon final payment of the amount due under this Agreement, releases the Lead State and Participating Entities, its officers and employees, from all contractual liabilities, claims and obligations whatsoever arising from or under this Agreement. The Contractor agrees not to purport to bind the Lead State or any Participating Entity to any obligation, unless the Contractor has express written authority to do so, and then only within the strict limits of the authority. 34. Data Practices A. The Contractor and the State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13 (and where applicable, if the state contracting party is part of the judicial branch, with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time) as it applies to all data provided by the State to the Contractor and all data provided to the State by the Contractor. In addition, the Minnesota Government Data Practices Act applies to all data created, collected, received, stored, used, maintained or disseminated by the Contractor in accordance with this Contract that is private, nonpublic, protected nonpublic, or confidential as defined by the Minnesota Government Data Practices Act, Ch. 13 (and where applicable, that is not accessible to the public under the Rules of Public Access to Records of the Judicial Branch). B. In the event the Contractor receives a request to release the data referred to in this article, the Contractor must immediately notify the State. The State will give the Contractor instructions concerning the release of the data to the requesting party before the data is released. The civil remedies of Minn. Stat. § 13.08, apply to the release of the data by either the Contractor or the State. C. The Contractor agrees to indemnify, save, and hold the State of Minnesota, its agents and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation of any provision of the Minnesota Government Data Practices Act (and where applicable, the Rules of Public Access to Records of the Judicial Branch), including legal fees and disbursements paid or incurred to enforce this provision of the Contract. In the event that the Contractor subcontracts any or all of the work to be performed under the Contract, the Contractor shall retain responsibility under the terms of this paragraph for such work. 35. Organizational Conflicts of Interest Published: February 9, 2004 REQUEST FOR PROPOSAL Page 21 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials A. The Contractor warrants that, to the best of its knowledge and belief, and except as otherwise disclosed, there are not relevant facts or circumstances which could give rise to organizational conflicts of interest. An organizational conflict of interest exists when, because of existing or planned activities or because of relationships with other persons: • a Contractor is unable or potentially unable to render impartial assistance or advice to the State; • the Contractor's objectivity in performing the work is or might be otherwise impaired; or • the Contractor has an unfair competitive advantage. B. The Contractor agrees that if an organizational conflict of interest is discovered after award, an immediate and full disclosure in writing shall be made to the Assistant Director of the Department of Administration's Materials Management. Division that shall include a description of the action the Contractor has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, the State may, at its discretion, cancel the Contract. In the event the Contractor was aware of an organizational conflict of interest prior to the award of the Contract and did not disclose the conflict to the WSCA/NASPO Contract Administrator, the State may terminate the Contract for default. The provisions of this clause shall be included in all subcontracts for work to be performed, and the terms "Contract," "Contractor," and "WSCA/NASPO Contract Administrator" modified appropriately to preserve the State's rights. 36. Replacement Parts Unless otherwise restricted in a Participating Addendum or maintenance service agreement, replacement parts may be manufacturer -certified refurbished parts carrying USA OEM warranties. 37. FCC Certification The Contractor agrees that Equipment supplied by the Contractor meets all applicable FCC Certifications. Improper, falsely claimed or expired FCC certifications are grounds for termination of this Agreement for cause. 38. Site Preparation A Purchasing Entity shall prepare and maintain its site in accordance with written instructions furnished by the Contractor prior to the scheduled delivery date of any Products and shall bear the costs associated with the site preparation. 39. Assignment The Contractor shall not sell, transfer, assign, or otherwise dispose of this Contract or Published: February 9, 2004 REQUEST FOR PROPOSAL Page 22 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials any portion hereof or of any right, title, or interest herein without the prior written consent of the State's authorized agent. Such consent shall not be unreasonably withheld. The Contractor shall give written notice to the State's authorized agent of such a possibility at least 30 days prior to the sale, transfer, assignment, or other disposition of this Contract. Failure to do so may result in the Contractor being held in default. This consent requirement includes reassignment of this Contract due to a change in ownership, merger, or acquisition of the Contractor or its subsidiary or affiliated corporations. This section shall not be construed as prohibiting the Contractor's right to assign this Contract to corporations to provide some of the services hereunder. Notwithstanding the foregoing acknowledgment, the Contractor shall remain solely liable for all performance required and provided under the terms and conditions of this Contract. 40. WSCA/NASPO Contract Administrator The State shall appoint an WSCA/NASPO Contract Administrator whose duties shall include but not be limited to the following: A. The WSCA/NASPO Contract Administrator may provide instructions concerning the contents of the Contractor's website. B. The WSCA/NASPO Contract Administrator will facilitate dispute resolution between the Contractor and Purchasing Entities. Unresolved disputes shall be presented to the State for resolution. C. The WSCA/NASPO Contract Administrator shall promote and support the use of this Agreement by NASPO members and other Participating Entities. D. The WSCA/NASPO Contract Administrator shall advise the State regarding the Contractor's performance under the terms and conditions of this Agreement. E. The WSCA/NASPO Contract Administrator shall receive and approve quarterly price agreement utilization reports and the administration fee payments. F. The WSCA/NASPO Contract Administrator shall periodically verify the Product and Service prices in the PSS conform to the Contractor's volume price and other guarantees. The WSCA/NASPO Contract Administrator may require the Contractor to perform web site audits to accomplish this task. G. The WSCA/NASPO Contract Administrator shall conduct annual Contractor performance reviews. H. The WSCA/NASPO Contract Administrator shall maintain an Agreement administration website containing timely and accurate information. 41. Survival The following rights and duties of the State and Contractor will survive the expiration or cancellation of the resulting Contract. These rights and duties include, but are not limited to Paragraph 12. Patent, Copyright, Trademark and Trade Secret Indemnification; Paragraph 20. Records and Audit; Paragraph 24. Indemnification, Published: February 9, 2004 REQUEST FOR PROPOSAL Page 23 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials Hold Harmless, and Limitation of Liability; Paragraph 31, Governing Law; Paragraph 34. Data Practices; and Paragraph 52. Right to Publish. 42. Succession This Agreement shall be entered into and be binding upon the successors and assigns of the parties. 43. Notification A. If one party is required to give notice to the other under the Contract, such notice shall be in writing and shall be effective upon receipt. Delivery may be by certified United States mail or by hand, in which case a signed receipt shall be obtained. A facsimile transmission shall constitute sufficient notice, provided the receipt of the transmission is confirmed by the receiving party. Either party must notify the other of a change in address for notification purposes. All notices shall be addressed as follows: To MMD: Department of Administration Materials Management Division Bernadette Kopischke, CPPB Acquisitions Supervisor 50 Sherburne Avenue 112 State Administration Building St. Paul, MN 55155 Fax: 651.297.3996 Email: bernie.kopischke@state.mn.us To Contractor: Dell Marketing L.P. Attention: Public Contracts Stephanie D. Shipp One Dell Way, RR8-8707 Round Rock, TX 78682 Email: stephanie shipp@dell.com 44. Reporting and Fees A. Administration Reporting and Fees 1. The Contractor agrees to provide monthly utilization reports to the WSCAINASPO PC Contracts Reporting person and the WSCAINASPO Contract Administrator by the 15th of the month following the end of the previous month. (Ex. Purchases during January are reported by the 15th of February; purchases made during February are reported by the 15th Published: February 9, 2004 REQUEST FOR PROPOSAL Page 24 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials of March; etc.). The report shall be in the format developed by the Lead State and supplied to the Contractor. 2. The Contractor agrees to provide quarterly Administrative Fee check payable to WSCA/NASPO for an amount equal to one -twentieth of one percent (0.0005) of the net sales for the period. The form to be submitted with the check, as well as the mailing address, has been supplied to the Contractor. Payment shall be made in accordance with the following schedule: Period End Fee Due June 30 July 31 September 30 October 31 December 31 January 31 March 31 April 30 3. The Contractor agrees to include all Reseller Agent sales in the monthly utilization reports described above. In addition, the Contractor agrees to provide a supplemental Reseller Agent utilization report of the net sales for the period subtotaled by Purchasing Entity name, within Purchasing Entity state name by Reseller Agent Name. 4. The Contractor agrees to provide with the utilization report as well as a supplemental report of the number and type of units taken back in a format to be mutually agreed to. Contractor agrees to add EPEAT and/or Energy Start environmental information to utilization reports as the information becomes available as consumable reporting data. 5. The utilization reports shall be submitted to the WSCA/NASPO PC Contracts Reporting person and the WSCA/NASPO Contract Administrator via electronic mail in a Microsoft Excel spreadsheet format, or other methods such as direct access to Internet or other databases. 6. If requested by the WSCA/NASPO Contract Administrator, the Contractor agrees to provide supporting Purchase Order detail records on mutually agreed magnetic media in a mutually agreed format. Such request shall not exceed twelve per year. 7. The failure to file the utilization reports and fees on a timely basis shall constitute grounds for the removal of the Contractor's primary representative, suspension of this Agreement or termination of this Agreement for cause. 8. The WSCA/NASPO Contract Administrator shall be allowed access to all reports from all Purchasing Entities. B. Participating Entity Reports and Fees Published: February 9, 2004 REQUEST FOR PROPOSAL Page 25 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western States Contracting Alliance and the National Association of State Procurement Officials 1. Participating Entities may require an additional fee be paid directly to the State on purchases made by Purchasing Entities within that State. For all such requests, the fee level, payment method and schedule for such reports and payments shall be incorporated in to the Participating Addendum that is made a part of this Agreement. The Contractor may adjust PSS pricing accordingly for purchases made by Purchasing Entities within the jurisdiction of that State. All such agreements shall have no affect whatsoever on the WSCA fee or the prices paid by the Purchasing Entities outside the jurisdiction of the State requesting the additional fee. 2. Purchasing Entities will be encouraged to use the reporting format developed by the lead State for their reporting needs. However, the Contractor agrees to provide additional reports to Purchasing Entities upon agreement by both parties as to the content and delivery methods of the report. Methods of delivery may include direct access to Internet or other databases. 3. Each State Purchasing Entity shall be allowed access to reports from all entities within that State. 45. Default and Remedies A. Any of the following shall constitute cause to declare this Agreement or any order under this Agreement in default: 1. Nonperformance of contractual requirements; or 2. A material breach of any term or condition of this Agreement. B. A written notice of default, and an opportunity to cure within 30days of the written notification, shall be issued by the party claiming default, whether the Lead State (in the case of breach of the entire Agreement), a Participating Entity (in the case of a breach of the participating addendum), the Purchasing Entity (with respect to any order), or the Contractor. Time allowed for cure shall not diminish or eliminate any -liability for liquidated or other damages. C. If the default remains after the opportunity for cure, the non -defaulting party may: 1. Exercise any remedy provided by law or equity; 2. Terminate the Agreement, a Participating Addendum, or any portion thereof, including any Purchase Orders issued against the Agreement; 3. Impose liquidated damages, as specified in a Participating Addendum; 4. In the case of default by the Contractor, and to the extent permitted by the law of the Participating State or Purchasing Entity, suspend Contractor from receiving future solicitations. 5. Charge the defaulting Contractor the full increase in cost and administrative handling to purchase the equivalent product or equivalent Published: February 9, 2004 REQUEST FOR PROPOSAL Page 26 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials service from another Contractor. D. The MMD reserves the right, upon approval of the WSCA Directors, to develop and implement a step-by-step process to deal with Contractor failure to perform issues. 46. Audits A. Website Audits The Contractor agrees to assist the WSCA/NASPO Contract Administrator or designee with web site Product and pricing audits based on mutually acceptable procedures, described in Exhibit E, Audit Guidelines. The Contractor will review web pricing on a monthly basis to ensure discounts continue to be equal to or better than those required by the Agreement. 1. The product audit will closely monitor the products and services listed on the website to insure they comply with the approved products and services. The addition of products or services not approved by the WSCA/NASPO Contract Administrator will not be tolerated and may be considered a material breach of this Agreement. B. Sales Audits The Contractor further agrees to perform sales audits based on the sample formulas described in Exhibit E, Audit Guidelines. C. Upon request, the Contractor agrees to assist Participating Entities with invoice audits to ensure that the Contractor is complying with this Agreement in accordance with mutually agreed procedures set forth in the Participating Addendum. 47. Extensions If specifically authorized by provision in a Participating Addendum, Contractor may, at the sole discretion of Contractor and in compliance with the laws of the Participating State, offer Products and services to non-profit organizations, private schools, Native American governmental entities, government employees and students within the governmental jurisdiction of the entity completing the Participating Addendum with the understanding that the governmental entity has no liability whatsoever concerning payment for products or services. 48. Sovereign Immunity The State does not waive its sovereign immunity by entering into this Contract and fully retains all immunities and defenses provided by law with regard to any action based on this Contract. 49. Ownership A. Ownership of Documents/Copyright. Any reports, studies, photographs, Published: February 9, 2004 REQUEST FOR PROPOSAL Page 27 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials negatives, or other documents, whether in tangible or electronic forms, prepared by the Contractor in the performance of its obligations under the Contract and paid for by the State shall be the exclusive property of the State and all such material shall be remitted to the State by the Contractor upon completion, termination or cancellation of the Contract. The Contractor shall not use, willingly allow or cause to allow such material to be used for any purpose other than performance of the Contractor's obligations under the Contract without the prior written consent of the State. B. Rights, Title and Interest. All rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trade marks, and service marks in the said documents that the Contractor conceives or originates, either individually or jointly with others, which arise out of the performance of the Contract, will remain the property of the Contractor. Where applicable, works of authorship created by the Contractor, specifically for the State shall be considered "works for hire" as defined in the U.S. Copyright Act. Nothing in the Agreement shall be construed as transferring any right, title, or interest in any of the Contractor's or their third party's confidential information, trademarks, copyrights, intellectual property or other proprietary interest. 50. Prohibition Against Gratuities A. The State may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this Contract if it is found by the State that gratuities in the form of entertainment, gifts, or otherwise were offered or given by the Contractor or any employee, agent, or representative of the Contractor to any officer or employee of the State with a view toward securing this Contract, or securing favorable treatment with respect to the award or amendment of this Contract, or the making of any determinations with respect to the performance of this Contract. B. The Contractor certifies that no elected or appointed official or employee of the State has benefited or will benefit financially or materially from this Contract. This Contract may be terminated by the State if it is determined that gratuities of any kind were either offered to or received by any of the aforementioned individuals from the Contractor, its agent, or its employees. 51. Antitrust By entering into a Contract, the Contractor agrees to consider, in the Contractor's discretion, all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the State, relating to the particular goods or services purchased or acquired by the State under said Contract. For any cause of action taken herein by Contractor, the State, at the State's discretion, may participate in any such action. In the event that Contractor desires to participate in such action, the Contractor shall not oppose the State's request to join such action so long as the interests/positions of the State are not adverse to the interests/positions of the Contractor. Published: February 9, 2004 REQUEST FOR PROPOSAL Page 28 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials 52. Right to Publish A. Any publicity given to the program, publications or services provided resulting from the Contract, including but not limited to notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Contractor, or its employees individually or jointly with others, or any subcontractors or resellers shall identify the State as the sponsoring agency and shall not be released, unless such release is a specific part of an approved work plan included in the Contract prior to its approval by the WSCA/NASPO Contract Administrator. B. The Contractor shall not make any representations of the State's opinion or position as to the quality or effectiveness of the products and/or services that are the subject of this Contract without the prior written consent of the WSCAINASPO Contract Administrator. Representations include any publicity, including but not limited to advertisements, notices, press releases, reports, signs, and similar public notices. 53. Performance While Dispute is Pending Notwithstanding the existence of a dispute, the parties shall continue without delay to carry out all of their responsibilities under this Contract that are not affected by the dispute. If a party fails to continue without delay to perform its responsibilities under this Contract, in the accomplishment of all undisputed work, any additional cost incurred by the other parties as a result of such failure to proceed shall be borne by the responsible party. 54. Hazardous Substances To the extent that the goods to be supplied to the Purchasing Entity by the Contractor contain or may create hazardous substances, harmful physical agents as set forth in applicable State and federal laws and regulations, the Contractor must provide the Purchasing Entity, upon request, with Material Safety Data Sheets regarding those substances (including mercury). 55. Customer SatisfactionlComplaint Resolution A. The Contractor's process for resolving complaints concerning products, support, and billing problems is attached as Exhibit B. B. The Contractor will survey its customers in each Participating State approximately two (2) months prior to the annual meeting with the Contract Administrator using, at a minimum, the survey questions provided by the State. 56. Value Added Services The Contractor is expected to provide such services as installation, training, and software imaging upon request of the Purchasing Entity. Additional Value Added Services offered by the Contractor are attached as Exhibit C. 57. E-Rate Program Published: February 9, 2004 REQUEST FOR PROPOSAL Page 29 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials The Contractor's E-Rate identification number is: #143004340. E-Rate eligibility depends upon who uses the equipment, how it is used and where it is located. In general terms, equipment located on school property and that is necessary for e- mail and Internet access in classrooms is eligible for E-Rate support. The Contractor shall make every effort to continue its involvement in this program and to add products as applicable. Published: February 9, 2004 REQUEST FOR PROPOSAL Page 30 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials IN WITNESS WHEREOF, the parties have executed this agreement as of the date of execution by the State of Minnesota Commissioner of Administration, below. 1. DELL MARKETING L.P. The Contractor certifies that the appropriate person(s) have executed this Agreement on behalf of the Contractor as required by applicable articles, bylaws, resolutions, or ordi =nce By: Title: Ste•hanie D. Shipp Contract Strategist Date: June 11, 2009 By: .-gene McKenzie Senior Manager Contracts Date: June 11, 2009 2. MATERIALS MANAGEMENT DIVISION In accordance with Minn. Stat. § 16C.03, Subd. 3. By: o.Avta�ren., Title: Acquisitions Supervisor Date: 6 SIO� 3. COMMISSIONER OF ADMINISTRATION Or delegated representative. BY: &PA/4A buUt-V)i-t_s! Date: Original signed JUN 1 5 2009 By Brsnd0 Willard Published: February 9, 2004 REQUEST FOR PROPOSAL Page 31 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials EXHIBIT A — ADDITIONAL WARRANTIES ProSupport for IT Designed for IT Professionals and customers with their own helpdesklservice desk facilities, ProSupport for IT has stripped out the duplication that can occur with basic support packages and delivers the elements that IT professionals need, including the entitlement for your certified IT staff to receive Dell training and accreditation in order to qualify for Fast Track Dispatch. Also NASPO/WSCA's staff benefit from: • Entitlement to enroll in Fast Track dispatch for Dell certified Customer Technicians • Direct Access to Dell Expert Centers • 24x7 Expert Center Support: ProSupport for End Users Designed for Customers with limited or no internal IT resource, ProSupport for end -users provides support in the areas that end -users typically encounter issues. The service is available 24 x 7. ProSupport for End Users also gives "Getting started" advice such as remote configuration or set up assistance associated with simple networks (including wired and wireless networks) and configuration assistance with common task small business applications such as: • Symantec Endpoint Protection • Microsoft Office • Microsoft SBS • QuickBooks �► Adobe Photoshop • Adobe Acrobat Service Options 1. Speed of Service Response Mission Critical The Mission Critical option includes either a 4 hour or 8 hour response, with the option of a 2 hour response service if your site falls within the service coverage area. Deli has 5 Global Command Centres for around the clock coverage around the world. Dell's Critical Situation Process for severity 1 incidents provides: • Ongoing, scheduled situation updates to keep you informed every step of the way • Problem replication in Dell's simulation labs (as needed) • Prioritized production in the event of a natural disaster We will also provide emergency dispatch that allows simultaneous phone and on -site troubleshooting. In addition hardware fault monitoring is available on select server and storage platforms. Same Day Response Service Same day response/4-hour on -site service includes: • After phone -based troubleshooting, a Dell -trained technician arrives on -site within 4 hours of problem determination, depending on location Published: February 9, 2004 REQUEST FOR PROPOSAL Page 32 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials • On -site service technicians coordinate incident resolution and troubleshooting directly with Dell's Expert Centers Specialized On -site Service Options With this module of ProSupport NASPO/WSCA can choose from a range of robust options tailored to your unique needs. Options include: • On -site Service Delivery Manager • On -site Escalation Manager • On -site Service Engineer • Scheduled On -site Service * On -site Diagnosis Service 2. Premium Proactive Maintenance A study conducted in North America during 2007 showed that a massive 70% of IT budgets and spent on ongoing operations and maintenance. Our ProSupport Proactive Maintenance services have been designed to address this expenditure by reducing the cost and complexity of ongoing maintenance. Proactive maintenance includes: • Proactively maximize availability • Help reduce unplanned downtime • Help reduce recovery time in the event of a technical incident by reducing the number of variables to diagnose and troubleshoot • Minimize maintenance costs while maximizing uptime Premium Proactive maintenance is available on select server and storage platforms. Enterprise Wide Contract A ProSupport Enterprise Wide Contract from Dell has been proven to reduce technical incidents by as much as 37%. This ProSupport option includes: • Designated Service Delivery Manager • On boarding support assessment & comprehensive planning • Monthly management reviews • Incident status and defined reporting * Dell Fast -Track dispatch (with certification) • 7x24x365 access to Dell Expert Centers • Technical training and certification program • Escalation management • Global Command Centers • Collaborative support for hardware and software • Next -Business -Day on -site service Your designated Service Delivery Manager service includes: Published: February 9, 2004 REQUEST FOR PROPOSAL Page 33 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials • On boarding support assessment Comprehensive planning • Monthly management reviews • Incident status and defined reporting Remote Advisory Options Remote advisory assistance is designed to support your specialized applications and solutions. It is ideal for ongoing support of Dell Infrastructure Consulting Services deployed solutions or for additional configuration and optimization needs. Customers can select remote advisory services that cover the following specialist areas: • Virtualization A Exchange • Systems Management • Storage Technology • Backup and Recovery Fast Track Dispatch Program This program is included for customers who choose the ProSupport for IT service model. Fast Track Dispatch provides the ability for certified IT staff to dispatch parts and/or labor without having to go through scripted phone troubleshooting. The necessary online technical training and certification for major Dell product families is included in the program. IT professionals have access to technical support tips and in-depth hardware and software information. Also, they have direct phone access to expert technicians who can assist with more complex issues when needed. 3. Protection CompleteCare Protect assets from inevitable mishaps with CompleteCare Accidental Damage cover to ensure an easy and flexible repair and replacement service for most accidental damage. CompleteCare helps to save time, money and resources in the event of unplanned events such as: • Spills • Drops • Breakages • Electrical surges For notebooks and mobile workstations CompleteCare Theft protection is available. CompleteCare Multi -cover provides both Accidental Damage and Theft Protection under in one easy package. CompleteCare is essential investment protection for systems that are exposed to high -risk multi -use, high mobility, multiple users and harsh environments. Published: February 9, 2004 REQUEST FOR PROPOSAL Page 34 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials EXHIBIT B - COMPLAINT RESOLUTION A dedicated member of your Account Team, your Sales Representative is the owner for any procurement, pricing, or supply issues that may arise. Your Sales Representative has a clearly defined escalation path for issues which includes routing them through an Inside Sales Manager, up through to the appropriate Regional Director. Your Sales Representative is directly accountable to NASPOIWSCA and will keep you apprised of issue resolution and progress. In the rare case an issue cannot be resolved through standard channels; the escalation process would be directed to the level of Sales Vice President. The Dell Account Teams provide Executive Business Reviews on a quarterly basis. This tool is like a bank statement that provides purchase history information, tracks our performance against Service Level Agreements and develops specific action plans where needed to meet your objectives. The goal is to use the benefits of our direct relationship to provide you with unprecedented accountability on the products, services and support you want and give you as proactive analysis of what's working and what's not. Invoicing Resolution Purchase order management helps Dell maintain our commitment to excellence by allowing us to process orders accurately and efficiently. In support of these goals, Dell assigns a Finance/Accounting Associate to each account. This individual is responsible for resolution of disputed invoices. The Associate will work with NASPOIWSCA's Accounts Payable, Procurement or other necessary departments to resolve disputes. Your Dell Customer Care representative will help with errors such as duplicate invoices, wrong product shipped, etc. If needed, the dedicated Finance/Accounting Associate for NASPOIWSCA will resolve billing issue. If NASPOIWSCA is set up for monthly consolidated invoicing, Dell requires that you pay undisputed item(s) and follow the above procedures for error correction. Dell provides the following solutions to customers in resolving their most common invoicing issues: If a customer didn't receive original copy in the mail, or it is delayed or lost in the customer's mailroom, Dell makes available round-the-clock access to online copies for all Dell invoices — paid and unpaid — for 24 months. The online invoices look just like the original hard -copy invoices and include service tag numbers for simplified comparisons. Dell can also provide email notification of invoices. If a customer wants one invoice per purchase order, Dell's collections team can set the customer up for consolidated invoicing. Or, if the request is just for one PO, Dell's customer care or collections team can request a manual consolidated invoice. if a customer wants their invoice to match their purchase order, Dell's customer care or collections team can request manual invoice. Published: February 9, 2004 REQUEST FOR PROPOSAL Page 35 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials EXHIBIT C — VALUE-ADDED SERVICES Contact Dell for further details on these programs: Custom Factory Integration Parts Replacement Program Asset Management Services Image Management Services Asset Recovery Services Managed Deployment Services Modular Services Automated Deployment Training Services Dell Virtualization Services Assessment, Design & Implementation Services Published: February 9, 2004 REQUEST FOR PROPOSAL Page 36 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials EXHIBIT D - LEASING Individual Purchasing Entities may enter in to lease .agreements for the products covered in this Master Price Agreement, if they have the legal authority to enter into these types of agreements without going through a competitive process. The lease agreements were not reviewed or evaluated as part of the RFP evaluation process. A sample agreement can be found at: www.dell.cominaspowsca Published: February 9, 2004 REQUEST FOR PROPOSAL Page 37 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials EXHIBIT E - AUDIT GUIDELINES Website Audits: 1. Websites need to be accurate with both pricing and part numbers 2. Manufacturers MUST have a mechanism in place for periodic and random internal auditing of pricing on the website 3. WSCA will randomly audit websites for accurate pricing 4. Upon request, Contractor will provide documentation of pricing and discounts accuracy Sales Audits Sample Guidelines Frequency: Quarterly Scope: one tenth of one percent (.001) of purchase orders — at least one if any sales, no more than 100 audits • Up to 1,000 sales = 1 audit • 10,000 sales = 10 audits • Up to 100,000 sales = 100 audits o Random sample of purchase orders -invoices • Can offer several different statistical methods for such small samples Documentation: • Contractor to test and keep documentation internally. Noting any actions to correct findings, as necessary. • Periodic summary report to WSCAINASPO containing audit findings as summary numbers ONLY Published: February 9, 2004 REQUEST FOR PROPOSAL Page 38 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials Addendum to Master Price Agreement Between Dell Marketing, L.P. And State of Minnesota, Materials Management Division Representing the Western States Contracting Alliance (WSCA) and the National Association of State Procurement Officials (NASPO) Lead State Contract #: B27160 Executed on: June 15, 2009 August 12, 2009 Page 1 of 2 This Master Price Agreement Addendum governs Dell Marketing, L.P. (hereinafter "CONTRACTOR") use of the NASPOWSCA name and logo during the term of this Master Price Agreement and amendments to this Master Price Agreement. CONTRACTOR may use the name and logo only as set forth below. Any use not expressly permitted herein is prohibited, and such use constitutes a material breach of the Master Price Agreement with the Lead State and all Participating States. 1. CONTRACTOR may display the NASPONVSCA name and logo on the face of the Master Price Agreement, including all electronic and hard copy versions. 2. CONTRACTOR and its subcontractors, resellers, and agents may display the NASPO/WSCA names and logos on a web site as a "click on" link to the Master Price Agreement and/or as otherwise approved for posting on the CONTRACTOR's approved NASPONVSCA website. No other use of the logos or names is permitted on any web site, except as permitted in paragraphs 1 and 3. 3. With, and only with, prior written approval of the Lead State Contract Administrator, CONTRACTOR may advertise the Master Price Agreement in publications and promotional materials aimed at state and local government entities eligible to use the Master Price Agreement. The sole focus and intent of such advertisements must be to increase participation in the Master Price Agreement. The NASPOWSCA names may be used and the logos displayed in the advertisement ONLY as it relates to the Master Price Agreement. The Lead State Contract Administrator's approval must encompass the content and appearance of the advertisement and the media in which the advertisement will appear. 4. CONTRACTOR may not make explicit or implicit representations concerning the opinion of NASPO/WSCA, the Lead State, or any Participating State regarding CONTRACTOR or its products or services. This restriction indudes general use of the NASPONVSCA names and logos NOT directly linked to or related to this Master Price Agreement. 5. CONTRACTOR must ensure that its authorized sub -contractors, authorized resellers, and/or authorized agents adhere to the terms of this Addendum, and CONTRACTOR is responsible for any breach by these entities. 6. CONTRACTOR must immediately cease all use of the NASPOWSCA names and logos if directed to do so in writing by the Lead State Contract Administrator, and CONTRACTOR must ensure that its authorized sub -contractors, authorized re -sellers, and/or authorized agents immediately cease all use. 7. CONTRACTOR shall not make, or permit its authorized subcontractors, authorized resellers, or authorized agents to make, any alterations to NASPO's or WSCA's names or logos (induding characters, style and colors) and CONTRACTOR shall not use or permit the use of NASPO's or WSCA's names or logos in a manner or context that could adversely affect NASPO'sNVSCA's integrity, goodwill, or reputation. 8. Upon termination or expiration of the Master Price Agreement, CONTRACTOR and its authorized sub- contractors, authorized re -sellers, and authorized agents must cease all use of the NASPONVSCA names and logos; except that, CONTRACTOR may use the NASPOWSCA names for reference purposes in a description of its prior experience. Signatures to follow on Separate Page Addendum to Master Price Agreement Between Dell Marketing, L.P. And State of Minnesota, Materials Management Division Representing the Western States Contracting Alliance (WSCA) and the National Association of State Procurement Officials (NASPO) Lead State Contract #: B27160 Executed on: June 15, 2009 August 12, 2009 Acknowledged: DELL MARKETING L.P.: The Contractor certifies that the appropriate person(s) have executed this agreement on behalfthe Coor( ctor as requirepplicable articles, bylaws, resotulions, or ordi Signatur Contract Strategist Stephanie D. Shipp Title tatAug 2009 Date Page 2 of 2 LEAD STATE: In accordance with state statutes or rules. Title Date MATERIALS MANAGEMENT DIVISION WSCA/NASPO Contract Administration 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 Fax: 651.297.3996 TTY: MN Relay Service 1.800.627.3529 htte://www.mmd.admin.state.mn.us AMENDMENT NUMBER: ONE (1) TO CONTRACT NUMBER: B27160 THIS AMENDMENT is by and between the State of Minnesota, acting through is commissioner of Administration, and on behalf of the WSCA/NASPO ("Lead State") and Dell Marketing L.P., One Dell Way, Mailstop 8708, Round Rock, TX 78682 (Contractor). WHEREAS, the Lead State has a Contract with the Contractor identified as No. B27160, effective September 1, 2009, through August 31, 2012, to provide direct -from -manufacturer personal computer equipment, peripherals and related services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the commissioner of Administration, or delegate pursuant to Minn. Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract specifically state that the Contractor shall provide the basic warranty,three year, next business day, as stated in Appendix B of the RFP, for all products included in the Bands listed in Article 14 Products and Services Schedule. (Bands 1. Servers; 2. Workstations; 3. Printers; 4. Storage Solutions; 5. PDA's; 6. Instructional and Public Safety Bundles; and 7. Monitors. NOW, THEREFORE, it is agree by the parties to amendment the Contract as follows: 1. The Contractor may offer one-year and/or two-year warranties for each Band of equipment provided under the Contract. The Contractor shall show these as options when configuring a system/obtaining a quote, as a reduction in the cost of the equipment. This Amendment is effective beginning on the date that the final required signatures are obtained, and shall remain in effect until August 31, 2012, or until the Contract is canceled, whichever occurs first. Except as herein amended, the provisions of the original Contract between the parties hereto are expressly reaffirmed and remain in full force and effect. Intentionally Left Blank September, 2010 Amendment Number: One (1) Page 1 of 2 Pages to WSCA/NASPO PC Contract No. B27160 with Dell Marketing L.P. MATERIALS MANAGEMENT DIVISION WSCAlNASPO Contract Administration 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 Fax: 651.297.3996 TTY: MN Relay Service 1.800.627.3529 htto://www.mmd.admin.state.mn.us IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby. 1. DELL MARKETING L.P. The Contractor certifies that the appropriate person(s) have executed thls document on behalf of the Contractor as required by applicable articles, bylavys resolutions, or ordinances. By: ! r?�Gl,�// 'Iiiiiiiii Title: £CVJ hrn t'S 5r. COO6k i f c ti- Date: SepFevn be( Z0 , Zb i 0 By: Title: Date: 2. LEAD STATE MATERIALS MANAGEMENT DIVISION In accordance with Minn. Stat. § 16C.03, Subd. 3. By:gowid--4:-,4107:2--toz&-a Title: Acquisitions Supervisor Date: l/; 9//0 3. LEAD STATE COMMISSIONER OF ADMINISTRATION Or delegated presentative. By: Date: 970-Vic? September, 2010 Amendment Number: One (1) Page 2 of 2 Pages to WSCA/NASPO PC Contract No. B27160 with Dell Marketing L.P. iiiiiosota MATERIALS MANAGEMENT DIVISION WSCA/NASPO Contract Administration 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 Fax: 651.297.3996 TTY: MN Relay Service 1.800.627.3529 http://www.mmd.admin.state.mri.us WSCA/NASPO PC Contracts 2009-2014 COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER B27160 AMENDMENT NUMBER 2 THIS AMENDMENT is by and between the State of Minnesota, acting through is commissioner of Administration, for the WSCAINASPO ("Lead State") and Dell Marketing, L.P. (Contractor). WHEREAS, the Lead State has a Contract with the Contractor identified as No. B27160, effective September 1, 2009, through August 31, 2012, to provide direct -from -manufacturer personal computer equipment and related devices. software and services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the commissioner of Administration, or delegate pursuant to Minn. Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract specifically state that the contract may be amended per agreement by both parties. NOW, THEREFORE, it is agree by the parties to amendment the Contract as follows: 1. Contract is extended through August 31. 2014_ 2. The configuration limit of servers and storage may be increased up to $500,000 if this limit is approved by the State in their Participating Addendum. 3. The Premium Saving Package "Intent to Participate" document may be eliminated IF participation in the Premium Savings Package is approved by the State in their Participating Addendum. This Amendment is effective beginning on September 1, 2012, or upon the date that the final required signatures are obtained, whichever occurs later, and shall remain in effect until August 31, 2014 or until the Contract is canceled, whichever occurs first_ Except as herein amended, the provisions of the original Contract between the parties hereto are expressly reaffirmed and remain in full force and effect. Amendment Number: 2 Page 1 of 2 Pages to WSCA PC Contract MN B27160 with Dell Marketing, L.P. seats MATERIALS MANAGEMENT DIVISION WSCA/NASPO Contract Administration 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 Fax: 651.297.3996 TTY: MN Relay Service 1.800.627.3529 http://www.mmd.admin.state.mn.us IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby. 1. CONTRACTOR The Contractor certifies that the appropriate person(s) have executed this document on behalf of the Contractor as required by applicable articles, bylaws, resolutions, or ordinances. 60444AkillA/1111--- Title: CO alleit M 0( Date: a E'i f 20 By: By: Title: Date: 2. LEAD STATE MATERIALS MANAGEMENT DIVISION in accordance with Minn. Stat. § 16C.03, Subd. 3. B Title: Acquisition Management Specialist Date: —7/q.//ci 3. LEAD STATE COMMISSIONER OF ADMINISTRATION Or delegated rentative. By; Gate: Amendment Number: 2 Page 2 of 2 Pages to WSCA PC Contract MN B27160 with Dell Marketing, L.P. iiiiiosota) MATERIALS MANAGEMENT DIVISION WSCA-NASPO Contract Administration 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 Fax: 651.297.3996 TTY: MN Relay Service 1.800.627.3529 http://www.mmd.admin.state.mn.us WSCA-NASPO PC Contracts 2009-2014 COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER B27160 AMENDMENT NUMBER 3 THIS AMENDMENT is by and between the State of Minnesota, acting through is commissioner of Administration, for the WSCAINASPO ("Lead State") and Dell Marketing, L.P. (Contractor). WHEREAS, the Lead State has a Contract with the Contractor identified as No. B27160, effective September 1, 2009, through August 31, 2014, to provide direct -from -manufacturer personal computer equipment and related devices, software and services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the commissioner of Administration, or delegate pursuant to Minn. Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract specifically state that the contract may be amended per agreement by both parties. NOW, THEREFORE, it is agree by the parties to amendment the Contract as follows: 1. Contract is extended through December 31, 2014. This Amendment is effective beginning on September 1, 2014, or upon the date that the final required signatures are obtained, whichever occurs later, and shall remain in effect until December 31, 2014 or until the Contract is canceled, whichever occurs first. Except as herein amended, the provisions of the original Contract between the parties hereto are expressly reaffirmed and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby. 1. CONTRACTOR: Dell Marketing L.P. The Contractor certifies that the appropriate person(s) have executed this document on behalf of the Contractor as required by applicable articles, bylaws, resolutions, or ordinances. R By: C. 1 1 Title: Public Contracts Manager Date: 0 eb-,5—k / By: Title: Date: 2. LEAD STATE MATERIALS MANAGEMENT DIVISION In accordance with Minn. Stat. § 16C.03, Subd. 3. ByC Title: Acquisition Management Specialist Date: 3. LEAD STATE COMMISSIONER OF ADMINISTRATION Or delegated representative. Original signed By: Date: JUL ® 9 2014 By Lucas J. Jannete innesota MATERIALS MANAGEMENT DIVISION WSCA-NASPO Contract Administration 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 Fax: 651.297.3996 TTY: MN Relay Service 1.800.627.3529 http://www.mmd.admin.state.mn.us WSCA-NASPO PC Contracts 20094014 COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER B27160 AMENDMENT NUMBER 4 THIS AMENDMENT is by and between the State of Minnesota, acting through is commissioner of Administration, for the WSCA/NASPO ("Lead State") and Dell Marketing, L.P. (Contractor). WHEREAS, the Lead State has a Contract with the Contractor identified as No. B27160, effective September 1, 2009, through December 31, 2014, to provide direct -from -manufacturer personal computer equipment and related devices, software and services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the commissioner of Administration, or delegate pursuant to Minn. Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract specifically state that the contract may be amended per agreement by both parties. NOW, THEREFORE, it is agree by the parties to amendment the Contract as follows: 1. Contract is extended through March 31, 2015. This Amendment is effective beginning on January 1, 2015, or upon the date that the final required signatures are obtained, whichever occurs later, and shall remain in effect until March 31, 2015, or until the Contract is canceled, whichever occurs first. Except as herein amended, the provisions of the original Contract between the parties hereto are expressly reaffirmed and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this 2. LEAD STATE OF MINNESOTA Amendment to be duly executed intending to be bound MATERIALS MANAGEMENT DIVISION thereby. In accordance with Minn. Stat. §/f6C.03, Subd. 3. 1. DELL MARKETING L.P. The Contractor certifies that the appropriate person(s) have executed this document on behalf of the Contractor as required by applicable articles, bylaws, resolutions, or ordinances. By: 17 Title: Public Contrac s Manager Date: pei0,d4>/9 By: Title: Date: By: Title: Date: Acquisition Management Specialist "A3// 9 3. LEAD STATE OF MINNESOTA COMMISSIONER OF ADMINISTRATION Or delegated re resentative. By: Date: 00/c /201 :van iiinesota; MATERIALS MANAGEMENT DIVISION WSCA-NASPO Contract Administration 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 Fax: 651.297.3996 TTY: MN Relay Service 1.800.627.3529 http://www.mmd.admin.state.mn.us WSCA-NASPO PC Contracts 2009-2014 COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER B27160 AMENDMENT NUMBER 5 THIS AMENDMENT is by and between the State of Minnesota, acting through is commissioner of Administration, for the WSCA/NASPO ("Lead State") and Dell Marketing, L.P. (Contractor). WHEREAS, the Lead State has a Contract with the Contractor identified as No. B27160, effective September 1, 2009, through March 31, 2015, to provide direct -from -manufacturer personal computer equipment and related devices, software and services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the commissioner of Administration, or delegate pursuant to Minn. Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract specifically state that the contract may be amended per agreement by both parties. NOW, THEREFORE, it is agree by the parties to amendment the Contract as follows: 1. Contract is extended through September 30, 2015. This Amendment is effective beginning on April 1, 2015, or upon the date that the final required signatures are obtained, whichever occurs later, and shall remain in effect until September 30, 2015, or until the Contract is canceled, whichever occurs first. Except as herein amended, the provisions of the original Contract between the parties hereto are expressly reaffirmed and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this 2. LEAD STATE OF MINNESOTA Amendment to be duly executed intending to be bound MATERIALS MANAGEMENT DIVISION thereby. In accordance with Minn. Stat. § 16C.03, Subd. 3. 1. DELL MARKETING L.P. The Contractor certifies that the appropriate person(s) have executed this document on behalf of the Contractor as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: By: Title: Acquisition Management Specialist Date: 3. LEAD STATE OF MINNESOTA COMMISSIONER OF ADMINISTRATION Or delegated representative. By: Date: CC/CDC-HA Agenda 9/15/2015 — Page 73 The following page(s) contain the backup material for Agenda Item: Warrant Register #4 for the period of 07/22/15 through 07/28/15 in the amount of $2,052,437.76 (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2015 AGENDA ITEM NO. ITEM TITLE: Warrant Register #4 for the period of 07/22/15 through 07/28/15 in the amount of $2,052,437.76 (Finance) PREPARED BY: 1K. Apalateguij PHONE: 1619-336-45721 EXPLANATION: DEPARTMENT: FT`��! APPROVED7 BYY : f IPer Government Section Code 37208, attached are the warrants issued for the period of 07/22/15 through 07/28/15. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation EC Constructors Inc 318760 296,950.38 Aquatic Center Kimley Horn and Assoc 318777 108,638.43 Paradise Creek Rest/ DT Westside Connect 8th Street Signage A Avenue Green Street Retention 12th & D Roundabout WC Claims Costs GO Bonds RFND Bonds 2012 KTU&A 318778 LB Civil Construction Inc 318779 Pal General Engineering 318796 Project Professionals Corp 318802 SANDPIPA 318812 Union Bank of California 427002 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $2,052,437.76 96,169.74 542,315.58 228,930.13 92, 037.70 136,028.00 315,224.80 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: 1 Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $2,052,437.76 BOARD / COMMISSION RECOMMENDATION: N/A1 ATTACHMENTS: Warrant Register #4 +� CALIFORNIA -+- 11 /2 PAYEE ANDREWS, J BEST BEST & KRIEGER ATTNY LAW BEST BEST & KRIEGER ATTNY LAW BOARD OF EQUALIZATION BOOT WORLD CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CESNAUSKAS, S CHRISTIANSEN, M CITY OF NATIONAL CITY COUNTY OF SAN DIEGO DELTA DENTAL DURAN, D EC CONSTRUCTORS INC ENTERPRISE FLEET MANAGEMENT FAIRWAYS VIEWS HOA FELIX, Y FERNANDEZ, E GAUT, A GEOSYNTEC CONSULTANTS INC GONZALES, G GRAINGER GREGORY, B GUTIERREZ JR, C GUTIERREZ JR, C HARRIS & ASSOCIATES HEALTH NET IAPMO INNOVATIVE CONSTRUCTION KAISER FOUNDATION HEALTH PLANS KIMLEY HORN AND ASSOC INC KTU&A L B CIVIL CONSTRUCTION INC LASER SAVER INC LONG, D MACIAS, M MARTINEZ, C MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS NAPA AUTO PARTS NATIONAL CITY CHAMBER NEXUS IS INC MATTHEWS, N OPPER & VARCO LLP PACIFIC AUTO REPAIR NATIONAL My INCORPORA SD • WARRANT REGISTER #4 7/28/2015 DESCRIPTION REIMB: FIELD EVIDENCE TECHNICIAN COURSE LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS SALES TAX LIABILITY / APR - JUN 2015 MOP#64096 WEARING APPAREL MOP#45754 BUILDING MATERIALS MOP#45698 ELECTRIC MATERIALS REFUND: DEDUCTION PAID IN FULL ED REIMBURSEMENT PETTY CASH REPLENISHMENT - MAY 2015 SHARE OF PC REVENUE - JUNE 2015 COBRA DENTAL INS - JUNE 2015 REIMB: 24-HR PERISHABLE SKILLS TRAINING AQUATIC CENTER CAP COST REDUCTIONS REFUND: OVERPAYMENT REIMB: CIVILIAN MANAGEMENT SEMINAR REFUND: S8 OVERPAYMENT REIMB: LUNCH FOR INTERVIEW PANEL EDUCATION VILLAGE REDEVELOP / S A SUBSISTENCE: 24-HR PERISHABLE SKILLS TRAINING MOP#65179 MATERIALS REIMB: POLICE BUDGET ACADEMY SUBSISTENCE/ROADSIDE ENFORCEMENT REIMB: STANDARDIZED FIELD SOBRIETY 8TH STREET SMART GROWTH HEALTH NET - JUNE 2015 R1192Q REGISTRATION: RESIDENTIAUCOMMERCIAL / FIRE A AVENUE GREEN STREET RETIREES INS - COBRA JUNE 2015 PARADISE CREEK REST / DT WESTSIDE CONNECT 8TH STREET SIGNAGE A AVENUE GREEN STREET MOP 45725 INK CARTRIDGE - FINANCE SUBSISTENCE: 24-HR PERISHABLE SKILLS TRAINING SUBSISTENCE: BASIC SUPERVISORY COURSE REIMB: ADVANCED COMMUNICATIONS TRAINING LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS MOP45753. AUTOMOTIVE SUPPLIES / NSD NC TOURISM MARKETING FEE - MAY 2015 INV82723/84050 / TELEPHONE SERVICES REIMB: FIELD EVIDENCE TECHNICIAN COURSE PROFESSIONAL SVCS - CARMAX MOP#72448 AUTO EQUIPMENT CHK NO DATE AMOUNT 318746 7/28/15 224.04 318747 7/28/15 1,627.72 318748 7/28/15 685.35 318749 7/28/15 1,948.00 318750 7/28/15 356.90 318751 7/28/15 638.52 318752 7128/15 79.65 318753 7/28/15 580.00 318755 7/28/15 250.00 318756 7/28/15 778.22 318757 7/28/15 8,169.75 318758 7/28/15 370.89 318759 7/28/15 107.08 318760 7/28/15 296,950.38 318761 7/28/15 14,463.21 318762 7/28/15 558.29 318763 7128/15 35.00 318764 7/28/15 56.00 318765 7/28/15 64.62 318766 7/28/15 5,774.10 318767 7/28/15 384.00 318768 7/28/15 382.80 318769 7/28/15 99.90 318770 7/28/15 256.00 318771 7/28/15 116.15 318772 7/28/15 5,985.00 318773 7/28/15 1,726.35 318774 7/28/15 330.00 318775 7/28/15 48,431.00 318776 7/28/15 509.71 318777 7/28115 108,638.43 318778 7/28/15 96,169.74 318779 7/28/15 542,315.58 318780 7/28/15 103.50 318781 7/28/15 384.00 318782 7/28/15 1,280.00 318783 7/28/15 110.28 318784 7/28/15 5,565.50 318785 7/28/15 2,058.00 318786 7/28/15 1,900.00 318787 7/28/15 1,837.00 318788 7/28/15 1,264.30 318789 7/28/15 7.50 318790 7/28/15 156.05 318791 7/28/15 28,819.45 318792 7/28/15 910.00 318793 7/28/15 224.04 318794 7/28/15 650.00 318795 7/28/15 341.09 -9-, CAUFORNIIA'-4{4- 2/2 PAYEE PAL GENERAL ENGINEERING INC PECK, B POTTER, C POWERSTRIDE BATTERY CO INC PRO BUILD PROGRESSIVE SOLUTIONS INC PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RIVERSIDE COUNTY SHERIFF DEPT RIVERSIDE COUNTY SHERIFF DEPT ROBERT HALF INTERNATIONAL S D COUNTY FIRE CHIEFS' ASSN SAM'S ALIGNMENT SERVICE SAN DIEGO AIR POLLUTION SAN DIEGO PR SANDPIPA SOUTHERN CALIFORNIA SOIL STAPLES ADVANTAGE STC TRAFFIC INC STEVENS, C TAYLOR, J THE HOME DEPOT CREDIT SERVICES TORREY PINES BANK VALLEY INDUSTRIAL SPECIALTIES ROBERT ABEL INVESTIGATIVE SVCS WIRED PAYMENTS UNION BANK OF CALIFORNIA NATIONAL CITY mitt L— INCOR:ORATS0 . WARRANT REGISTER #4 7/28/2015 DESCRIPTION RETENTION SUBSISTENCE: 24-HR PERISHABLE SKILLS REFUND: HEALTH INSURANCE MOP#67839 AUTO PARTS MOP#45707 BUILDING MATERIAL SOFTWARE LICENSING RENEWAL 12TH & D ROUNDABOUT MOP#45742 LAUNDRY SERVICES TUITION: 24-HR PERISHABLE SKILLS TRAINING TUITION: 24-HR PERISHABLE SKILLS TRAINING TEMPORARY OFFICE STAFF / FIRE MEMBERSHIP RENEWAL / FIRE MOP#72442 AUTO PARTS PERMIT RENEWAL / PUBLIC WORKS LAYOUT/EDITING/DISTRIBUTION OF NC NEWS WC CLAIM COSTS A AVE GREEN STREET MOP#45704 OFFICE SUPPLIES CITYWIDE DATA SUBSISTENCE: 24-HR PERISHABLE SKILLS REIMB: CRIMINAL INVESTIGATION MOTION LIGHT / PW AQUATIC CENTER ESCROW MOP#46453 PLUMBING MATERIALS LEGAL SERVICE / S A GO BONDS OBLIGATION RFND BONDS 2012 GRAND TOTAL CHK NO DATE AMOUNT 318796 7/28/15 226,930.13 318797 7/28/15 384.00 318798 7/28/15 484.91 318799 7/28/15 589.64 318800 7/28/15 2,388.84 318801 7/28/15 23,792.67 318802 7/28/15 92,037.70 318803 7/28/15 778.75 318805 7128/15 320.00 318806 7/28/15 320.00 318807 7/28/15 731.52 318808 7/28/15 250.00 318809 7/28/15 309.23 318810 7/28/15 356.00 318811 7/28/15 1,200.00 318812 7/28/15 136,028.00 318813 7/28/15 4,266.50 318814 7/28/15 238.75 318815 7/28/15 41,635.00 318816 7/28/15 384.00 318817 7/28/15 105.89 318818 7/28/15 793.86 318819 7/28/15 15,628.97 318820 7/28/15 135.01 318821 7/28/15 450.50 A/P Total 1,737,212.96 427002 7/27/15 315,224.80 $ 2,052,437.76 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE IIEREBY 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 ROBERT , FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER ALBERT MENDIVIL, 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 15ti' OF SEPTEMBER, 2015. AYES NAYS ABSENT CC/CDC-HA Agenda 9/15/2015 — Page 78 The following page(s) contain the backup material for Agenda Item: Warrant Register #5 for the period of 07/23/15 through 08/04/15 in the amount of $3,078,412.53 (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2015 AGENDA ITEM NO. I ITEM TITLE: Warrant Register #5 for the period of 07/23/15 through 08/04/15 in the amount of $3,078,412.53 (Finance) 1 PREPARED BY: 1K. Apalateg0 PHONE: 19-336-45 7 4 EXPLANATION: DEPARTMENT: Fina c APPROVED BY: �j� Per Government Section Code 37208, attached are the warrants issued for the period of 07/23/15 through 08/04/15. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Haalth Net Inc 318893 65,552.60 Health Net ins R1192A Aug 2015 Kaiser Foundation HP Portillo Concrete, Inc San Diego Pooled Ins Public Emp Ret System 318900 318940 318961 7312015 174,114.70 109,846.60 292,558.00 346,295.54 Kaiser Ins Act Aug''i 5 Gp 104220-0002 Highland Ave ADA Enhancements Liability Insurance / 7-01-15 / 7-01-16 Service Period 7/07/15 — 7/20/15 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $3,078,412.53 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $3,078,412.53 BOARD / COMMISSION RECOMMENDATION: N/AN ATTACHMENTS: Warrant Register #5 -1.N.. CALIFORNIA #-�+ 1/5 PAYEE SOUTHWEST SIGNAL SERVICE ALLIANT INSURANCE SVCS INC ACEDO AFLAC ALDEMCO ALL FRESH PRODUCTS ANDERSON,E AO COOLERS AT&T AT&T MOBILITY BEARD, P BECK, L BISHOP, R BOEGLER, C BOYD JR, P BRIAN COX MECHANICAL INC CAPE CAHA CALIFORNIA COMMERCIAL SECURITY CALIFORNIA LAW ENFORCEMENT CAMEON, C CARRILLO, R CITY OF CHULA VISTA COLE, L CONDON, D COOPER'S PLUMBING & HEATING CORPUZ, T COUNTY OF SAN DIEGO COX COMMUNICATIONS COX COMMUNICATIONS CPP PRINTING CPRS AGING SERVICES CULLIGAN D PREP L L C DANESHFAR,Z DANIELS TIRE SERVICE DEESE, L DELTA DENTAL DELTA DENTAL INSURANCE CO DEPARTMENT OF TRANSPORTATION DESROCHERS, P DI CERCHIO, A DILLARD, S DREDGE, J DUVALL, S EARLY CHILDHOOD EISER III, G EMERGENCY EQPT ENGINEERING ESGIL CORPORATION NATIONP CITy Kati 1sCU$FORATEp WARRANT REGISTER #5 8/4/2015 DESCRIPTION TRAFFIC SIGNAL MAINTENANCE / APRIL LIABILITY INSURANCE FUND RETIREE HEALTH BENEFITS AUG 2015 AFLAC ACCT BDM36 AUGUST 2015 FOOD - NUTRITION CENTER FOOD & CONSUMABLES / NUTRITION RETIREE HEALTH BENEFITS AUG 2015 12 PACK CANVAS RED / FIRE PHONE SERVICE 6/1/15 - 6/30/15 WIRELESS SERVICES 6/6/15 - 7/5/15 RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 REQUIRED PREVENTATIVE MAINTENANCE FIRE LTD AUGUST 2015 CAHA & CHAPTER MEMBERSHIP / SEC 8 MOP#45754 BUILDING AND STRUCTURES REPAIRS 318841 PD LTD AUGUST 2015 REIMB EDUC/LEGAL ASPECTS OF EVIDENCE RETIREE HEALTH BENEFITS AUG 2015 ANIMAL SHELTER COSTS / PD RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 CITY-WIDE BACKFLOW TESTING RETIREE HEALTH BENEFITS AUG 2015 DEH2006-HUPFP-20575 PERMIT INTERNET SERVICE /JUL 2015 INTERNET SERVICE - 7/10/15 - 8/9/15 NCPD DISPLAY SIGN NEW CPRS MEMBESHIP - COMM SVCS WATER SOFTNER FOR DISHWASHER / NUTRITION 318855 TUITION INCIDENT RESPONSE TRAINING 318856 RETIREE HEALTH BENEFITS AUG 2015 318857 TIRES FOR CITY FLEET / PW 318858 REIMB FOR TRAVEL ICMA CONFERENCE 318859 DENTAL INS PREMIER AUGUST 2015 318860 PMI DENTAL INS AUGUST 2015 318861 HIGHWAY LIGHTING FOR FY 2015 318862 RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 REFUND OF CPR CLASS - FIRE DEPT DELUXE CLASSROOM CLOSET / CSD RETIREE HEALTH BENEFITS AUG 2015 LEATHER GEAR- NEW PD EMP PLAN CHECK AND INSPECTION SERVICES CHK NO DATE AMOUNT 318823 8/3/15 31,399.83 318824 8/4/15 486.00 318825 8/4/15 160.00 318826 8/4/15 653.00 318827 8/4/15 6,803.85 318828 8/4/15 7,820.78 318829 8/4/15 110.00 318830 8/4/15 254.81 318831 8/4/15 836.27 318832 8/4/15 2,259.87 318833 8/4/15 70.00 318834 8/4/15 140.00 318835 8/4/15 110.00 318836 8/4/15 260.00 318837 8/4/15 145.00 318838 8/4/15 266.00 318839 8/4/15 608.00 318840 8/4/15 900.00 8/4/15 960.32 318842 8/4/15 1,935.50 318843 8/4/15 141.00 318844 8/4/15 290.00 318845 8/4/15 36,439.13 318846 8/4/15 165.00 318847 8/4/15 280.00 318848 8/4/15 4,800.00 318849 8/4/15 140.00 318850 8/4/15 797.00 318851 8/4/15 3,589.33 318852 8/4/15 49.65 318853 8/4/15 344.58 318854 8/4/15 300.00 8/4/15 208.50 8/4/15 580.00 8/4/15 254.00 8/4/15 8,941.08 8/4/15 211.20 8/4/15 14,677.19 8/4/15 2,866.38 8/4/15 10,515.72 318863 8/4/15 110.00 318864 8/4/15 70.00 318865 8/4/15 480.00 318866 8/4/15 250.00 318867 8/4/15 50.00 318868 8/4/15 2,553.79 318869 8/4/15 250.00 318870 8/4/15 148.50 318871 8/4/15 21,519.20 ►�* CALIFORNIA �4 2/5 PAYEE ESPIRITU, D EXPERIAN EXPRESS PIPE AND SUPPLY CO INC FAB1NSKI, D FEDEX FENTON NCP LLC FLEET SERVICES INC FON-JON KENNELS GELSKEY, K GIBBS JR, R GOODYEAR TIRE & RUBBER COMPANY GRAINGER GUNDERT, M HAINES & COMPANY HANSON, E HARLAN, M HARRIS & ASSOCIATES HAUG, S HEALTH NET HEALTH NET HEALTH NET HEALTH NET INC HODGES, B HONDO, E HUNTER'S NURSERY INC JAMES, R JERAULDS CAR CARE CENTER JUNIEL, R KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KIMBLE, R KNOX ATTORNEY SERVICE INC L N CURTIS & SONS LAKESHORE LEARNING MATERIALS LANDA, A LANGUAGE LINE SERVICES LASER SAVER INC LEXIPOL LLC LIFELOC TECHNOLOGIES LIMFUECO, M LUCAS, M MAINTEX INC MALDONADO, J MASON'S SAW MATIENZO, M MC CABE, T MEDINA, R NATIONAL ally INcoRpoRATE1' WARRANT REGiSTER #5 8/4/2015 DESCRIPTION REIMB SMIP TRAVEL EXPENSE - P D DEP CREDIT CHECKS / POLICE CITY WIDE PLUMBING PARTS & MATERIALS RETIREE HEALTH BENEFITS AUG 2015 POLICE TESTING MATERIALS REF DEPOSIT FOR 404 MILE OF GARS WAY MOP#67804 AUTO PARTS KENNEL FEES FOR POLICE K9'S RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 MOP#72654 TIRES MOP 65179 VESTS - NSD RETIREE HEALTH BENEFITS AUG 2015 NORTH - SOUTH S D DIRECTORIES RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 T&A 90078 NETREIT N C PARTNERS MAY 2015 RETIREE HEALTH BENEFITS AUG 2015 HEALTH FULL NETWORK 57135A AUG 2015 HEALTH NET INS AUG 2015 RETIREE HEALTHNET INS N5992A AUG 2015 HEALTH NET INS R1192A AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 MOP 45719. SUPPLIES / NSD RETIREE HEALTH BENEFITS AUG 2015 MOP#72449 AUTO EQUIPMENT RETIREE HEALTH BENEFITS AUG 2015 KAISER INS ACT AUG'15 GROUP 104220-0002 KAISER RETIREES INS AUGUST 2015 KAISER H S A INS AUGUST 2015 KAISER RETIREES INS COBRA JUNE 2015 RETIREE HEALTH BENEFITS AUG 2015 KNOX ATTORNEY SERVICE BARRIER EXTRI GLOVES / FIRE FARM ANIMALS NUMBER PUZZLES / CSD RETIREE HEALTH BENEFITS AUG 2015 INTERPRETATION SERVICES MOP 45725 INK CARTRIDGE - ENG FIRE POLICY MANUAL UPDATE/FIRE PORTABLE BREATH TESTER / POLICE RETIREE HEALTH BENEFITS AUG 2015 EMT D RECERTIFICATION FEES RAGS 4 CORNER TURKISH TOWELS RETIREE HEALTH BENEFITS AUG 2015 MOP#45729 MATERIALS RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 CHK NO DATE AMOUNT 318872 8/4/15 950.00 318873 8/4/15 93.60 318874 8/4/15 79.40 318875 8/4/15 220.00 318876 8/4/15 34.68 318877 8/4/15 863.16 318878 8/4/15 154.44 318879 8/4/15 390.00 318880 8/4/15 115.00 318881 8/4/15 120.00 318882 8/4/15 953.76 318883 8/4/15 81.14 318884 8/4/15 350.00 318885 8/4/15 871.08 318886 8/4/15 135.00 318887 8/4/15 500.00 318888 8/4/15 127.50 318889 8/4/15 120.00 318890 8/4/15 5,334.29 318891 8/4/15 1,595.84 318892 8/4/15 543.45 318893 8/4/15 65,552.60 318894 8/4/15 200.00 318895 8/4/15 110.00 318896 8/4/15 444.79 318897 8/4/15 140.00 318898 8/4/15 141.10 318899 8/4/15 50.00 318900 8/4/15 174,114.70 318901 8/4/15 10, 757.69 318902 8/4/15 3,640.01 318903 8/4/15 509.71 318904 814/15 300.00 318905 8/4/15 19.95 318906 8/4/15 1,897.84 318907 8/4/15 496.27 318908 8/4/15 155.00 318909 8/4/15 69.25 318910 8/4/15 266.89 318911 8/4/15 4,900.00 318912 8/4/15 420.87 318913 8/4/15 160.00 318914 8/4/15 267.00 318915 8/4/15 320.26 318916 8/4/15 130.00 318917 8/4/15 359.30 318918 8/4/15 100.00 318919 8/4/15 280.00 318920 8/4/15 105.00 3/5 PAYEE MELLADO DESIGNS MES CALIFORNIA METRO AUTO PARTS DISTRIBUTOR METRO EXPRESSLANES METRO FIRE & SAFETY MINER, D MUNICIPAL CODE CORPORATION MYERS, B NAPA AUTO PARTS NOTEWARE, D OCHOA, I PADRE JANITORIAL SUPPLIES PAUU JR, P PEACE OFFICERS RESEARCH PEASE JR, D PERRY FORD PETERS, S PHILLIPS, W PORAC LEGAL DEFENSE FUND PORTILLO CONCRETE, INC. POST, R POWERSTRIDE BATTERY CO INC PRO BUILD PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RAY, S REGIONAL TRAINING CENTER REGIONAL TRAINING CENTER REGIONAL TRAINING CENTER RELIANCE STANDARD ROARK, L ROE, V RON BAKER CHEVROLET RUIZ, J S & S WORLDWIDE INC SAFRAN MORPHOTRUST SACREDO, C SAM'S ALIGNMENT SERVICE SAN DIEGO DAILY TRANSCRIPT SAN DIEGO GAS & ELECTRIC SAN DIEGO POOLED INSURANCE SAN DIEGO POOLED INSURANCE SANCHEZ, Y SANDAL SDG&E SEAPORT MEAT COMPANY SERVATIUS, J SHERWIN WILLIAMS SHORT, C -6-* CALIFORNIA -.- NATIONAL car aoav INCORPORATED -' WARRANT REGISTER #5 8/4/2015 DESCRIPTION SASHES / MISS NATIONAL CITY 2015 SHIPPING CHARGES FOR BOOTS -FIRE MOP#75943 AUTO PARTS TOLL EVASION VIOLATION ALARM SWITCH / PW RETIREE HEALTH BENEFITS AUG 2015 MUNICIPAL CODE SUPPLEMENT 42 RETIREE HEALTH BENEFITS AUG 2015 MOP#45735 AUTO PARTS RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 JANITORIAL SUPPLIES- NUTRITION RETIREE HEALTH BENEFITS AUG 2015 ASSOCIATION FOR INSURANCE AND WC / POLICE RETIREE HEALTH BENEFITS AUG 2015 R & M CITY VEHICLES RETIREE HEALTH BENEFITS AUG 2015 TASER INSTRUCTOR RECERTIFICATION LEGAL DEFENSE FUND -RESERVE POLICE HIGHLAND AVE ADA ENHANCEMENTS RETIREE HEALTH BENEFITS AUG 2015 MOP#67839 AUTO PARTS MOP 45707 MISC SUPPLIES - PD KIMBALL PARK & EL TOYON MOP#45742 LAUNDRY SERVICES RETIREE HEALTH BENEFITS AUG 2015 SD EMPLOYMENT RELAT CONSORTIUM FEES R T C SUPERVISOR'S ACADEMY TRAINING SUPERVISOR'S ACADEMY VOLUNTARY LIFE INS AUGUST 2015 RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 MOP#45751 AUTO EQUIPMENT RETIREE HEALTH BENEFITS AUG 2015 FOOTBALL TOSS GAME / CSD NEW EMP FINGERPRINT TEST REFUND OF CPR CLASS FIRE DEPT MOP#72442 AUTO EQUIPMENT CIP NO. 15-06 ADVERTISING BLDG IMPROV SVC 5/17/15 - 6/16/15 - NUTRITON LIABILITY INSURANCE / 7-01-15 / 7-1-16 BOND/CRIME PROGRAM / 7-1-15 / 6-30-15 REFUND DIRECT DEP ACCT CANNOT LOCATED SANDAG ASSESSMENTS FACILITIES DIVISION GAS & ELECTRIC FOOD FOR NUTRITION CENTER RETIREE HEALTH BENEFITS AUG 2015 MOP 77816 PAINT SUPPLIES - NSD RETIREE HEALTH BENEFITS AUG 2015 CHK NO DATE AMOUNT 318921 8/4/15 113.40 318922 8/4/15 24.00 318923 8/4/15 95.56 318924 8/4/15 25.60 318925 8/4/15 134.60 318926 8/4/15 580.00 318927 8/4/15 927.23 318928 8/4/15 140.00 318929 8/4/15 25.67 318930 8/4/15 120.00 318931 8/4/15 125.00 318932 8/4/15 277.24 318933 8/4/15 340.00 318934 8/4/15 50.00 318935 8/4/15 140.00 318936 8/4/15 1,962.90 318937 8/4/15 290.00 318938 8/4/15 128.00 318939 8/4/15 67.50 318940 8/4/15 109,846.60 318941 8/4/15 280.00 318942 8/4/15 1,063.19 318943 8/4/15 1,621.92 318944 8/4/15 13,501.05 318945 8/4/15 130.96 318946 8/4/15 190.00 318947 8/4/15 2,572.00 318948 8/4/15 550.00 318949 8/4/15 550.00 318950 8/4/15 3,024.15 318951 8/4/15 135.00 318952 8/4/15 120.00 318953 8/4/15 415.71 318954 8/4/15 310.00 318955 8/4/15 335.23 318956 8/4/15 32.00 318957 8/4/15 25.00 318958 8/4/15 162.75 318959 8/4/15 627.00 318960 8/4/15 6,022.53 318961 8/4/15 292,558.00 318962 8/4/15 4,971.00 318963 8/4/15 75.80 318964 8/4/15 12,796.00 318965 8/4/15 5,448.72 318966 8/4/15 3,560.55 318967 8/4/15 340.00 318968 8/4/15 153.71 318969 8/4/15 300.00 4/5 PAYEE SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SMITH, J SOUTHERN CALIF TRUCK STOP SPARKLETTS SPARKLETTS STAPLES ADVANTAGE STC TRAFFIC INC STRASEN, W SUPERIOR READY MIX SWANK MOTION PICTURES INC SWEETWATER AUTHORITY SYSCO SAN DIEGO INC THE COUNSELING TEAM THE LIGHTHOUSE INC THE LINCOLN NATIONAL LIFE INS TIP OF SAN DIEGO COUNTY TIPTON, B TRITECH SOFTWARE SYSTEMS U S HEALTHWORKS U S HEALTHWORKS UNDERGROUND SERVICE ALERT UNITED RENTALS UNITED ROTARY BRUSH CORP V & V MANUFACTURING VALLEY INDUSTRIAL SPECIALTIES VCA EMERGENCY ANIMAL HOSPITAL VCA MAIN ST ANIMAL HOSPITAL VERIZON WIRELESS VERRY, L VILLAGOMEZ, J VISTA PAINT VISTA PAINT WAXIE SANITARY SUPPLY WEST PAYMENT CENTER WHITE, J WILKINS, T WILLY'S ELECTRONIC SUPPLY YBARRA, A YBARRA, A YBARRA, A YOUNG, G ZENGOTA, V ZIETLOW, D ZUMAR INDUSTRIES INC SDG&E SWEETWATER AUTHORITY CALIFORNIA NATIONAL CHT xxCORpo3ATE WARRANT REGISTER #5 8/4/2015 DESCRIPTION MOP 45756. SUPPLIES 1 POLICE MOP 63845. BUSINESS CARDS / POLICE RETIREE HEALTH BENEFITS AUG 2015 MOP#45758 GAS AND OIL WATER / MAYOR/COUNCIL FY15 WATER / NUTRITION CENTER MOP 45704 OFFICE SUPPLIES - ENG EL TOYON PARK RETIREE HEALTH BENEFITS AUG 2015 TACK OIL, 3/8 SHEET & COLD MIX ASPHALTS WS DVD PLANES - FIRE AND RESCUE / CSD FACILITIES DIVISION WATER BILL CONSUMABLES/FOOD - NUTRITION OFFICER ASSISTANCE PROGRAM MOP#45726 AUTO EQUIPMENT LIFE & AD&D STD LTD INS AUG 2015 24 HOUR VOLUNTEER RESPONSE SVCS RETIREE HEALTH BENEFITS AUG 2015 UPGRADE TO INFORM MOBILE / MIS PRE EMPLOYMENT PHYSICALS / HR PRE EMPLOYMENT PHYSICALS / HR UNDERGROUND SERVICE ALERT FY 2016 DRILL STEEL / PW MOP#62683 AUTO PARTS NEW BADGES / POLICE MOP#46453 PLUMBING MATERIALS STRAY ANIMAL VET CARE / POLICE K9 VET CARE / POLICE WIRELESS 6/2/15 - 7/1/15 RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 MOP 68834. PAINTING SUPPLIES / NSD MOP 68834 PAINT - NSD MISCELLANEOUS JANITORIAL SUPPLIES CLEAR INVESTIGATIVE DATABASES RETIREE HEALTH BENEFITS AUG 2015 CRITICAL INCIDENT RESPONSE TRAINING / PD MOP#45763 AUTO PARTS REIMB/EDUCATIONAL CRIMINOLOGY REIMB/EDUCATIONALETHICS IN MANAGEMENT REIMB/EDUCATIONAL COLLEGE MATHEMATICS II CRITICAL INCIDENT RESPONSE TRAINING / PD RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 STREET SIGNS / PW GAS AND ELECTRIC UTILITIES / S A WATER UTILITES / S A CHK NO DATE 318970 8/4/15 318971 8/4/15 318972 8/4/15 318973 8/4/15 318974 8/4/15 318975 8/4/15 318976 8/4/15 318977 8/4/15 318978 8/4/15 318979 8/4/15 318980 8/4/15 318981 8/4/15 318982 8/4/15 318983 8/4/15 318984 8/4/15 318985 8/4/15 318986 8/4/15 318987 8/4/15 318988 8/4/15 318989 8/4/15 318990 8/4/15 318991 8/4/15 318992 8/4/15 318993 8/4/15 318994 8/4/15 318995 8/4/15 318996 8/4/15 318997 8/4/15 318998 8/4/15 318999 8/4/15 319000 8/4/15 319001 8/4/15 319002 8/4/15 319003 8/4/15 319004 8/4/15 319005 8/4/15 319006 8/4/15 319007 8/4/15 319008 8/4/15 319009 8/4/15 319010 8/4/15 319011 8/4/15 319012 8/4/15 319013 8/4/15 319014 8/4/15 319016 8/4/15 319017 8/4/15 AMOUNT 167.42 473.08 320.00 32.33 38.83 3.61 4,377.25 22,194.55 135.00 1,201.82 351.00 4,139.87 8,158.72 800.00 83.39 9,050.18 8,000.00 250.00 32,314.00 952.00 486.02 352.50 223.11 132.89 877.04 318.01 191.65 831.27 1.90 280.00 480.00 18.90 980.55 1,953.40 464.21 230.00 512.00 120.04 140.00 100.00 95.00 512.00 300.00 150.00 5,973.80 215.32 52.04 A/P Total 1,923,057.32 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 C' MARK�ROBERTb, FINAN E LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER ALBERT MENDIVIL, 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 15th OF SEPTEMBER, 2015. AYES NAYS ABSENT CC/CDC-HA Agenda 9/15/2015 — Page 85 The following page(s) contain the backup material for Agenda Item: Warrant Register #6 for the period of 08/05/15 through 08/11/15 in the amount of $524,794.16 (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2015 AGENDA ITEM NO. ITEM TITLE: [Warrant Register #6 for the period of 08/05/15 through 08/11/15 in the amount of $524,794.16 (Finance) PREPARED BY: K. ApaiateguA DEPARTMENT: Finanprq,vid PHONE: 019-336-4572 APPROVED BY: Z EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 08/05/15 through 08/11/15. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Pal General Engineering 319071 79,960.68 8th Street Smart Growth 1 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $524,794.16 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 $524,794.16 BOARD / COMMISSION RECOMMENDATION: IN/A1 ATTACHMENTS: Warrant Register #6 1/3 PAYEE LEDFORD ENTERPRISES INC MORALES, I A REASON TO SURVIVE ACE UNIFORMS &ACCESSORIES INC AGUIRRE, C ALDEMCO ALL FRESH PRODUCTS ALL THE KINGS FLAGS AMERICAN PLANNING ASSOCIATION ARCO GASPRO PLUS ATKINS NORTH AMERICA INC BOOT WORLD BROADWAY AUTO GLASS BSN SPORTS BURKE WILLIAMS & SORENSEN LLP CALIFORNIA COMMERCIAL SECURITY CCUG CHILDREN'S HOSPITAL CHILDREN'S HOSPITAL CLEAN HARBORS COUNTY OF SAN DIEGO COX COMMUNICATIONS CSA SAN DIEGO COUNTY CYNTHIA TITGEN CONSULTING INC DANIELS TIRE SERVICE DENTONS US LLP DEPARTMENT OF JUSTICE DISCOUNT SPECIALTY CHEMICALS DIVISION 8 INCORPORATED D-MAX ENGINEERING DOWNSTREAM SERVICES E2 MANAGE TECH INC FERGUSON ENTERPRISES INC FIRE ETC G/M BUSINESS INTERIORS OF S D GEORGE'S LAWN EQUIPMENT CO GRAINGER HERNANDEZ, M HONEYWELL INTERNATIONAL INC HYDRO SCAPE PRODUCTS INC INNOVATIVE MECHANICAL SYSTEMS KTU&A LEFORTS SMALL ENGINE REPAIR LINE X SAN DIEGO MASON'S SAW MOSSY FORD MOSSY NISSAN MUNICIPAL MAINTENANCE EQUIP MUTHUSAMY, K -IP-. CALIFORNIA r ATI NAL art, 2 e e V -'--.� XNCORPORATED WARRANT R... GIS'TER #6 8/11 /2015 DESCRIPTION PROFESSIONAL SVCS/ NC MARINE TERMINAL GOLF COURSE LEASE / FY 2016 PROJECT MANAGEMENT ARTS SAFARILAND ABA-TAC1-MWB / POLICE REIMB: CA STRATEGIC GROWTH CONSUMABLES- NUTRITION CENTER CONSUMABLES- NUTRITION CENTER CITY WIDE FLAGS & ACCESSORIES MEMBERSHIP - B RAULSTON FUEL FOR CITY FLEET SEWER SERVICES MOP#46096 WEARING APPAREL DOOR TINT MATERIAL I PW 4 - LIL' SHOOTER GOAL / CSD LEGAL / NEGOTIATIONS MOP#45754 BUILDING MATERIALS TUITION: CCUG TRAINING & TECH / POLICE SAFE ROUTES 2 SCHOOL CYC3 CHILD ABUSE EXAMS I POLICE HOUSEHOLD HAZARDOUS WASTE PICKUP BUILDING RECORDS COX INTERNET SERVICES FY15 CDBG CSA SAN DIEGO COUNTY FAIR REIMB RISK MANAGMENT SVCS /JUL 2015 MOP#76986 TIRES PROFESSIONAL SVCS - JUNE 2015 NEW EMP FINGERPRINT TEST RESULTS WASH AND WAX SOAP / PW 2- LIBRARY WINDOW REPLACEMENTS STORM WATER SERVICES CULVERT BARRIER 2020 HOOVER AVE. UST MOP#45723 BUILDING MATERIALS BULLARD WILDLAN FIREFIGHTING HELMET CASE STD PULL / ENGINEERING 6FT POLE SET INV 9783815187/9793213381 / CABINETS / PW SUBSISTENCE: CCUG TRAINING & TECH LABOR - RESET ALL SET POINTS MOP#45720 PLANTING MATERIALS CIVIC FACILITIES AC REPLACEMENT REDEVELOPMENT SITE LABOR AND SERVICE / PW WEATHER TACH PART / PW BIKE HANDLE / PW 2015 FORD TAURUS / PD OIL CHANGE FOR CITY VEHICLE SWITCH ACTUSTOR DUMP DOOR REIMB: MILEAGE FOR MEETINGS CHK NO DATE AMOUNT 319018 8/10/15 4,000.00 319019 8/10/15 2,000.00 319020 8/11/15 270.00 319021 8/11/15 2,746.41 319022 8/11/15 502.25 319023 8/11/15 2,204.57 319024 8/11/15 947.17 319025 8/11/15 365.26 319026 8/11/15 485.00 319027 8/11/15 33,706.97 319028 8/11/15 1,890.00 319029 8/11/15 106.91 319030 8/11/15 199.00 319031 8/11/15 282.86 319032 8/11/15 2,212.50 319033 8/11/15 49.87 319034 8/11/15 500.00 319035 8/11/15 24,083.44 319036 8/11/15 2,240.00 319037 8/11/15 804.50 319038 8/11/15 254.00 319039 8/11/15 62.29 319040 8/11/15 6,845.00 319041 8/11/15 3,040.00 319042 8/11/15 123.87 319043 8/11/15 4,917.00 319044 8/11/15 678.00 319045 8/11/15 421.61 319046 8/11/15 5,590.00 319047 8/11/15 7,162.14 319048 8/11/15 14,245.25 319049 8/11/15 11,820.00 319050 8/11/15 163.14 319051 8/11/15 1,991.98 319052 6/11 /15 1,671.73 319053 8/11/15 345.49 319054 8/11/15 19,561.40 319055 8/11/15 566.40 319056 8/11/15 776.22 319057 8/11/15 78.01 319058 8/11/15 17,777.40 319059 8/11/15 7,705.00 319060 8/11/15 393.54 319061 8/11/15 115.55 319062 8/11/15 727.68 319063 8/11/15 30,365.25 319064 8/11/15 195.97 319065 8/11/15 171.99 319066 8/11/15 42.73 2/3 PAYEE NAPA AUTO PARTS NATIONAL CITY HOST LIONS CLUB NINYO & MOORE PADRE JANITORIAL SUPPLIES PAL GENERAL ENGINEERING INC PERRY FORD PRO BUILD PRO -EDGE KNIFE PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY PUN & MCGEADY QUALA TEL ENTERPRISES SAFDIE RABINES ARCHITECTS SAFRAN MORPHOTRUST SAN DIEGO MIRAMAR COLLEGE SAN DIEGO PLASTICS INC SAN DIEGO POLICE EQUIPMENT SASI SASI SDCDA SDG&E SEAPORT MEAT COMPANY SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SOUTH COAST EMERGENCY SOUTHERN CALIF TRUCK STOP SOUTHERN CALIFORNIA SOIL SPARKLETTS STAPLES ADVANTAGE STC TRAFFIC INC STC TRAFFIC INC STILES, J SUN BADGE COMPANY INC SWANK MOTION PICTURES INC SWEETWATER AUTHORITY SYSCO SAN DIEGO INC TRADESMEN INTERNATIONAL TRANE US INC TURNER'S PORTABLE WELDING U S BANK U S HEALTHWORKS UNITED PARCEL SERVICE UNITED ROTARY BRUSH CORP WAXIE SANITARY SUPPLY ANDERSON, W WEST PAYMENT CENTER WILLY'S ELECTRONIC SUPPLY XEROX GOVERNMENT SYSTEMS LLC CALIFA GROUP +- CALIFORNIA -0- NATIONAL ctry � Daft INCORPO$ATE'D -✓ WARRANT REGISTER #6 8/11/2015 DESCRIPTION MOP#45735 BUILDING MATERIALS FIREWORKS DISPLAY ON 7/4/15 AQUATIC CENTER JANITORIAL SUPPLIES- NUTRITION 8TH STREET SMART GROWTH R & M CITY VEHICLES AS NEEDED MOP 45756 MISC SUPPLIES - PW KNIFE SHARPENING SVCS - NUTRITION KIMBALL PARK, EL TOYON MOP#45742 LAUNDRY AUDITING SERVICES / FINANCE REPAIR COMMUNICATION HEADSET- FIRE AQUATIC CENTER NEW EMP FINGERPRINT TEST-JUNE 2015 REGISTRATION: PETTY CASH FUND POLYCARBONTE CLR DISC W/HOLS 1/4" THK PLATECARRIER POINT BLANK LOW / PD PROCESSING CHARGES TRUST ACCTG CHARGES - JUNE 2015 FORENSIC SERVICES / FIRE FACILITIES DIVISION GAS & ELECTRIC FOOD / NUTRITION CENTER MOP 45756 MISC SUPPLIES - PD #10 LEFT WINDOW ENVELOPES FOR HOUSING AUTOMOTIVE SUPPLIES / PW MOP#45758 OIL AND LUBRICANTS A AVE GREEN STREET WATER FOR MAYOR/COUNCIL FY15 SAFCO MOBILE STAND/PLAN CENTER DEPOSIT#1724 BAYSHORE BIKEWAY DEPOSIT #1808 PLAZA BONITA ED REIMBURSEMENT BADGE FOR CITY TREASURER USAGE SCREENING / JUL 10 2015 FACILITIES DIVISION WATER BILL CONSUMABLES/FOOD - NUTRITION REFUND: OVERPAYMENT OF B/L COPPER TUBES / PW WELD REPAIR PARTS FOR 726 W 19TH STREET CREDIT CARD EXP - PD PRE -EMPLOYMENT PHYSICAL UPS CHARGES - PD MOP#62683 AUTO PARTS JANITORIAL SUPPLIES - FIRE REIMB: INTERNATIONAL CONFERENCE UPDATED CA CODE BOOKS MOP#45763 AUTO PARTS FIREHOUSE SOFTWARE ENTERPRISE MEMBERSHIP RENEWAL - LIBRARY CHK NO DATE AMOUNT 319067 8/11/15 229.06 319068 8/11/15 6,952.00 319069 8/11/15 2,724.50 319070 8/11/15 218.71 319071 8/11/15 79,960.68 319072 8/11/15 10,114.95 319073 8/11/15 2,828.85 319074 8/11/15 46.00 319075 8/11/15 10,512.10 319076 8/11/15 352.68 319077 8/11/15 25,000.00 319078 8/11/15 933.56 319079 8/11/15 7,807.73 319080 8/11/15 36.00 319081 8/11/15 8.00 319082 8/11/15 147.15 319083 8/11/15 31,221.96 319084 8/11/15 330.50 319085 8/11/15 10.00 319086 8/11/15 12,000.00 319087 8/11/15 35,967.71 319088 8/11/15 826.47 319089 8/11/15 373.84 319090 8/11/15 1,340.72 319091 8/11/15 584.04 319092 8/11/15 508.95 319093 8/11/15 4,126.50 319094 8/11/15 42.42 319095 8/11/15 1,601.35 319096 8/11/15 23,381.65 319097 8/11/15 1,760.00 319098 8/11 /15 250.00 319099 8/11/15 126.00 319100 8/11/15 351.00 319101 8/11/15 23,934.70 319102 8/11/15 4,006.95 319103 8/11/15 388.00 319104 8/11/15 1,308.30 319105 8/11/15 1,747.58 319106 8/11/15 432.00 319107 8/11/15 506.00 319108 8/11/15 12.22 319109 8/11/15 352.02 319110 8/11/15 96.01 319111 8/11/15 177.58 319112 8/11/15 329.81 319113 8/11/15 35.71 319114 8/11/15 5,750.00 319115 8/11/15 400.00 * CALIFORNIA - 3/3 PAYEE MEGAN SCIENTIFIC NEWSBANK INC SCHIMMINGER, S SCOTT KIRSCHENBAUM U S POSTMASTER WILLY'S ELECTRONIC SUPPLY MAZZARELLA LORENZANA LLP THE LAW OFFICES OF EDWARD Z KOTKIN NATIONAL CIT nwoRpORATsp •/ WARRANT REGISTER #6 8/11/2015 DESCRIPTION PERFORMER - SCIENCE OF RHYTHM EVENT SUBCRIPTION WORLD NEWS -LIBRARY REIMBURSEMENT / LIBRARY SUPPLIES DVD - YOU'RE LOOKING AT MF LIKE I LIVE POSTAGE FOR OVERDUE NOTICES USB CONVERTER FOR RECEIPT PRINTER LEGAL / ROSENOW, SPEVACEK GROUP / S A LEGAL 1 OVERSIGHT BOARD S A GRAND TOTAL CHK NO DATE AMOUNT 319116 8/11/15 240.00 319117 8/11/15 4,495.00 319118 8/11/15 20.00 319119 8/11/15 53.00 319120 8/11/15 98.00 319121 8/11/15 15.85 319122 8/11/15 75.00 319123 8/11/15 240.00 AIP Total 524,794.16 $ 524,794.16 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. LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER ALBERT MENDIVIL, 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 15th OF SEPTEMBER, 2015. AYES NAYS ABSENT CC/CDC-HA Agenda 9/15/2015 —Page 91 The following page(s) contain the backup material for Agenda Item: Investment transactions for the month ended July 31, 2015 (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2015 AGENDA ITEM NO. ITEM TITLE: Investment transactions for the month ended July 31, 2015. PREPARED BY: Ronald Gutlay DEPARTMENT: Financ PHONE: 619-336-4346 APPROVED BY: Z, EXPLANATION: In accordance with California Government Code Section 53646 and City of National City's investment policy section XIIA, a monthly report shall be submitted to the legislative body accounting for transactions made during the reporting period. The attached listing reflects investment transactions of the City of National City's investment portfolio for the month ending July 31, 2015. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and file the Investment Transaction Ledger for the month ended July 31, 2015. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: Investment Transaction Ledger I City of National City Consolidated I Account #10218 Transaction Ledger 6/30/15 Thru 7/31/15 Transaction Settlement Acgt>3isp rlitrfrift4 TYPE 0-1e CUI,1P Quantity Seratrity Description Price !f1011; 4I442+011 „ "harp t5lt ' ACQUISITIONS Purchase 07/02/2015 60934N807 1.19 Federated Govt Oblig Fund Inst. 1.000 0.01 % 1.19 0.00 1.19 Purchase 07/12/2015 60934N807 1,837.50 Federated Govt Oblig Fund Inst. 1.000 0.01 % 1,837.50 0.00 1,837.50 Purchase 07/15/2015 60934N807 418.75 Federated Govt Oblig Fund Inst. 1.000 0.01 % 418.75 0.00 418.75 Purchase 07/15/2015 60934N807 335,000.00 Federated Govt Oblig Fund Inst. 1.000 0.01 % 335,000.00 0.00 335,000.00 Purchase 07/15/2015 90LAIF$00 21,334.91 Local Agency Investment Fund State Pool 1.000 0.29 % 21,334.91 0.00 21,334.91 Purchase 07/16/2015 60934N807 2,025.00 Federated Govt Oblig Fund Inst. 1.000 0.01 % 2,025.0C 0.00 2,025.00 Purchase 07/20/2015 60934N807 367.50 Federated Govt Oblig Fund Inst. 1.000 0.01 % 367.5C 0.00 367.50 Purchase 07/28/2015 60934N807 5,581.25 Federated Govt Oblig Fund Inst. 1.000 0.01 % 5,581.25 0.00 5,581.25 Purchase 07/28/2015 60934N807 470,000.00 Federated Govt Oblig Fund lnst. 1.000 0.01 % 470,000.0C 0.00 470,000.00 Purchase 07/29/2015 60934N807 1,107,25 Federated Govt Oblig Fund lnst. 1.000 0.01 % 1,107.25 0.00 1,107.25 Purchase 07/30/2015 60934N807 2,500.00 Federated Govt Oblig Fund Inst. 1.000 0.01 % 2,500.0C 0.00 2,500.00 Purchase 07/31/2015 3135G0RT2 350,000.00 FNMA Note 100.013 0.87 % 350,044.8C 348.78 350,393.58 0.875% Due 12/20/2017 Purchase 07/31/2015 60934N807 5,207.50 Federated Govt Oblig Fund Inst. 1.000 0.01 % 5,207.5C. 0.00 5,207.50 0.00 Purchase 07/31/2015 912828XK1 450,000.00 US Treasury Note 99.680 0.99 % 448,560 10 171.20 448,731.30 0.00 0.875% Due 7/15/2018 Subtotal 1,645,380.85 1,643,985.75 519.98 1,644,505.73 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Security 07/31/2015 90SDCP$00 8,000.00 County of San Diego Pooled Investment 1.000 8,000.00 0.00 8,000.00 0.00 Contribution Pool Subtotal 8,000.00 8,000.0C 0.00 8,000.00 0.00 TOTAL ACQUISITIONS 1,653,380.85 1,651,985.75 519.98 1,652,505.73 0.00 DISPOSITIONS Sale 07/31/2015 60934N807 799,124.88 Federated Govt Oblig Fund Inst. 1.000 0.01 % 799,124.88 0.00 799,124.88 0.00 Subtotal 799,124.88 799,124.88 0.00 799,124.88 0.00 Maturity 07/15/2015 912828TD2 335,000.00 US Treasury Note 100.000 335,000.0C 0.00 335,000.00 365.28 0.25% Due 7/15/2015 Maturity 07/28/2015 31398AU34 470,000.00 FNMA Note 100.000 470,000.00 0.00 470,000.00 -27,406.17 2.375% Due 7/28/2015 Subtotal 805,000.00 805,000.00 0.00 805,000.00 -27,040.89 Chandler Asset Management - CONFIDENTIAL Page 6 Execution Time: 8/25/2015 9:31:53 AM City of National City Consolidated Account#10218 Transaction Ledger 6/30/15 Thru 7/31/15 Transubtiarn Setilernent ype. auto CU iP DISF'u SI I IUN;j __044ntity Security O eraplla i a if Security Withdrawal 07/07/2015 60934N807 Subtotal 1,119.00 Federated Govt Oblig Fund Inst. 1,119.00 1.000 1,119.00 1,119.00 0.00 0.00 1,119.00 1,119.00 0.00 0.00 TOTAL DISPOSITIONS 1,605,243.88 1,605,243.88 0.00 1,605,243.88 -27,040.89 OTHER TRANSACTIONS Interest 07/12/2015 3137EADN6 490,000.00 FHLMC Note 0.000 1,837.50 0.75% Due 1/12/2018 Interest 07/15/2015 912828TD2 335,000.00 US Treasury Note 0.000 418.75 0.25% Due 7/15/2015 Interest 07/16/2015 94974BFG0 270,000.00 Wells Fargo Corp Note 0.000 2,025.00 1.5% Due 1/16/2018 Interest 07/20/2015 3135G0E33 280,000.00 FNMA Note 0.000 367.50 1.125% Due 7/20/2018 0.00 0.00 0.00 0.00 Interest 07/28/2015 31398AU34 470,000.00 FNMA Note 0.000 5,581.25 0.00 2.375% Due 7/28/2015 Interest 07/29/2015 3133ECFV1 515,000.00 FFCB Note 0.000 1,107.25 0.43% Due 1/29/2016 Interest 07/30/2015 3135G0GY3 400,000.00 FNMA Note 0.000 2,500.00 1.25% Due 1/30/2017 Interest 07/31/2015 084670BD9 285,000.00 Berkshire Hathaway Note 0.000 2,707.50 1.9% Due 1/31/2017 Interest 07/31/2015 912828SD3 400,000.00 US Treasury Note 0.000 2,500.00 1.25% Due 1/31/2019 0.00 0.00 0.00 0.00 1,837.50 0.00 418.75 0.00 2,025.00 0.00 367.50 0.00 5,581.25 0.00 1,107.25 0.00 2,500.00 0.00 2,707.50 0.00 2,500.00 0.00 Subtotal 3,445,000.00 19,044.75 0.00 19,044.75 0.00 Dividend 07/02/2015 60934N807 20,543.36 Federated Govt Oblig Fund Inst. 0.000 1.19 0.00 1,19 0.00 Dividend 07/15/2015 90LAIF$00 2,680,789,568,61 Local Agency Investment Fund State Pool 0.000 21,334.91 0.00 21,334.91 0.00 Subtotal 2,680,810,111.97 21,336.10 0.00 21,336.10 0.00 TOTAL OTHER TRANSACTIONS 2,684,255,111.97 40,380.85 0.00 40,380.85 0.00 Ms Chandler Asset Management - CONFIDENTIAL Page 7 Execution Time: 8/25/2015 9:31:53 AM CC/CDC-HA Agenda 9/15/2015 — Page 95 The following page(s) contain the backup material for Agenda Item: National City Sales Tax Update Newsletter - First Quarter 2015 (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2015 AGENDA ITEM NO. ITEM TITLE: National City Sales Tax Update Newsletter — First Quarter 2015 PREPARED BY: Ed Prendell, Budget Analyst DEPARTMENT: Finance �,1 PHONE: 619-336-4332 APPROVED BY: 4,( EXPLANATION: BACKGROUND National City has an on -going contract with Hinderliter, de Llamas & Associates (HdL) for revenue management. Staff meets with a representative of HdL on a quarterly basis to review sales tax data & trends within the City & Statewide. NEWSLETTER SUMMARY Receipts for National City's January through March sales were 7.9% above 2014's first quarter. Actual sales were up 9.2% with reporting aberrations factored out. Most major industry groups were up for the quarter with gains concentrated in the autos and transportation, general consumer and restaurant and hotel groups. New and used motor vehicle dealer and auto leasing categories added most to autos and transportation gains. Apparel store and specialty store categories helped to lift general consumer goods results. All restaurant types reported increases; some benefited from new business additions. Reporting aberrations temporarily reduced the increase in the building and construction group. As they did statewide, lower prices at the pump pared fuel and service station proceeds. A retroactive accounting adjustment to reverse a prior payment error caused the business and industry drop. Net of payment anomalies, revenues from the city's voter -approved Measure D were up 8.2%. Adjusted for aberrations, taxable sales for all of San Diego County grew 4.5% over the comparable time period; the Southern California region was up 3.2%. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: L%r` ekieet %7 Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Accept and file the newsletter. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: National City Sales Tax Update Newsletter — First Quarter 2015 National City In Brief Receipts for National City's Janu- ary through March sales were 7.9% above 2014's first quarter. Actual sales were up 9.2% with reporting aberrations factored out. Most major industry groups were up for the quarter with gains con- centrated in the autos and trans- portation, general consumer and restaurant and hotel groups. New and used motor vehicle dealer and auto leasing categories added most to autos and transportation gains. Apparel store and specialty store categories helped to lift general consumer goods results. All restau- rant types reported increases: some benefited from new business addi- tions. Reporting aberrations tem- porarily reduced the increase in the building and construction group. As they did statewide. lower pric- es at the pump pared fuel and ser- vice station proceeds. A retroactive accounting adjustment to reverse a prior payment error caused the busi- ness and industry drop. Net of payment anomalies, reve- nues from the city's voter -approved Measure D were up 8.2%. Adjusted for aberrations. taxable sales for all of San Diego Coun- ty grew 4.5% over the comparable time period: the Southern California region was up 3.2%. • -CALIFOAXIA ! ' CtrySales Tax Update V�OUYCAtFo Ammo%National pity Seanld Quarter Releiptl for First eliartet Sales (January - March :015) SALES TAX BY MAJOR BUSINESS GROUP $1 600,000 $1,400,000 $1,200,000 $1,000,000 $800,000 $000,000 $400,000 — $200,000 $o Autos and Transportation General Consumer Goods Restaurants and Hotels TOP 25 PRODUCERS IN ALPHABETICAL ORDER Arco AM PM Ball Honda Acura Mitsubishi Suzuki Kia C & M Motors Truck Center Fairbanks Morse Engine Frank Hyundai Frank Subaru Frank Toyota Scion JC Penney Macys Mor Fumiture 4 Less Mossy Nissan Nordstrom Rack Perry Chrysler Dodge Jeep Ram Perry Ford Probuild Company Ron Baker Chevrolet Ross South Bay Volkswagen South County Buick GMC Sweetwater Harley Davidson Target Tesoro Refining & Marketing Walmart Wescott Mazda Westair Gases & Equipment r ■ Business and Industry Fuel and Service Stations ■ 4th Quarter 2013 ■ 4th Quarter2014 Food Building and and Drugs Construction REVENUE COMPARISON Three Quarters - Fiscal Year To Date Point -of -Safe County Pool State Pool Gross Receipts S11,898,266 $12,490,721 Less Triple Rip* $(2,974,56) A (3,122,680) 2013-14 2014-15 $10,540,633 $11,025,600 1,351,396 1,455,628 6,238 9,483 Measure D $7,420,399 $7,810,450 Published by HdL Companies in Summer 2015Hdu. www. des.com lcom an 8-88.861.0220 P I CC1MP.�lNIfS Q1 2015 National City Sales Tax Update California as a Whole Local one cent tax receipts from sales occurring January through March rose 3.65% over 2014's comparable quarter after adjusting for reporting anomalies. An exceptionally strong quarter for auto sales/leases and restaurants was the primary contributor to the over- all increase. A rise in building -con- struction materials was also a factor although much of this growth came from specific office and sports facility projects in Northern California. Gains from sales of general consumer goods were primarily in value priced clothing, home furnishings and spe- cialty retail which includes pet sup- plies and cosmetics. Online shop- ping involving goods shipped from out of state continues to shift a ma- jor portion of the growth in general consumer goods to the countywide pools. The statewide gains were largely off- set by a 21% decline in receipts from fuel and service stations. Tax on Services The Board of Equalization has re- leased an estimate that levying sales and use tax on services would raise over $122.5 billion in state and lo- cal revenues or enough to lower the overall tax rate to under 4%. Originally imposed in 1933 as a 2 1/2% tax with only three exemp- tions, the legislature has gradually exempted more and more goods from the sales tax while raising rates to compensate for the corresponding revenue loss. This and the state's shift from a manufacturing to ser- vice economy has created the nation's highest sales tax rate on the narrowest basket of goods. Although more discussion is needed, there is interest in expanding the sales tax to services and lowering the rate to make the tax less regressive and more competitive while providing greater flexibility in the development of local tax bases. Tax on Jet Fuel The Federal Aviation Administration has ruled that sales taxes on jct fuel must only be used for airport and aviation programs. The rule applies to taxes levied after 1987 but is un- clear as to transactions tax districts, Pioposition 172 revenues, or revenues collected by jurisdictions without air- ports. Clarification will not be avail- able until FAA review and approval of a plan that has to be submitted by the state Department of Financc by December 8, 2015. Tax on Marijuana A pilot study for more effective track- ing and collection of sales taxes on medical cannabis is underway in the central and northern California districts. Because current registration policy allows a "decline to state" to avoid self-incrimination, the precise number of cannabis retailers is un- known. BOE findings are expected by November 2015. SALES PER CAPITA $8,000 $6,000 $4,000 $2,000 - $o a4 11 National City Q4 12 County Q4 13 Q4 14 California REVENUE BY BUSINESS GROUP National City This Quarter Autos/rrals. 3, % Others 10% Cans .Goods 31% Bus.alrvd. Restaurants 5% 9% NATIONAL CITY TOP 15 BUSINESS TYPES `!n thousands Business Type Auto Lease Casual Dining Department Stores Discount Dept Stores ElectronicslAppliance Stores Family Apparel Heavy Industrial Lumber/Building Materials New Motor Vehicle Dealers Quick -Service Restaurants Service Stations Shoe Stores Specialty Stores Used Automotive Dealers Women's Apparel National City Q4 '14* Change 62.2 26,8% 135.6 4.7% 236.7 5.3% -CONFIDENTIAL - 101.7 132% 241.4 1.1% 67.0 30.8% CONFIDENTIAL - 1,183.0 204.9 175.0 77.6 122.4 91.0 102.7 8.1% 5.0% -8.6% -1.0% 0.3% 1.4% -4.6% County Change -6.2% 9.5% 1.1% 1.1% -0.7% 2.9% -1.2% 9.5% 6.8% 6.5% -16.0% 8.8% 3.1% 6.5% -9.5% HdL State Change -0.4% 5.9% 1.0% 0.9% 1.3% 5.1% 14.4% -0.7% 7.6% 7.5% -10.5% 7.6% 5.8% 12.5% -1.7% Total All Accounts County & State Pool Allocation Gross Receipts $3,832.0 7.1% $555.6 13.6% $4,387.7 . 7.9% 3.5% 9.7% 4.2% 3.8% 4.7% 3.9% Pools 13% CC/CDC-HA Agenda 9/15/2015 — Page 99 The following page(s) contain the backup material for Agenda Item: An Ordinance of the City Council of the City of National City amending Title 2 of the National City Municipal Code to establish the City Manager's authority to approve, settle or compromise Workers' Compensation claims under Chapter 2.01.020. (Human Reso CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2015 AGENDA ITEM NO. ITEM TITLE: An Ordinance of the City Council of the City of National City amending Title 2 of the National City Municipal Code to establish the City Manager's authority to approve, settle or compromise Workers' Compensation claims under Chapter 2.01.020. PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: See attached staff report DEPARTMENT: Human Resources APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: There is no fiscal impact associated with this action. ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: X Finance MIS STAFF RECOMMENDATION: Introduce the Ordinance amending City of National City Municipal Code Section 2.01. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff Report, September 1, 2015 Introduction of Ordinance Ordinance for Adoption CALIFORNIA NATIONAL CIlf �'Y c� ��AT City Council Staff Report September 1, 2015 ITEM Staff Report: An Ordinance of the City Council of the City of National City amending Title 2 of the National City Municipal Code to establish the City Manager's authority to approve, settle or compromise Workers' Compensation claims under Chapter 2.01.020. BACKGROUND The State of California Workers' Compensation Laws are set forth in the California Labor Code, Insurance Code, Unemployment Insurance Code, and other sources. Specifically, the Settlement of California Workers' Compensation Claims is dictated by the Department of Industrial Relations/Workers' Compensation Appeals Board. The Workers' Compensation Appeals Board exercises judicial powers vested by the Labor Code. Administrative Law Judges are required to approve all Workers' Compensation Claims by either: 1) A Compromise and Release — A settlement award paid in one lump sum payment inclusive of any projected future medical costs; or 2) A Stipulation with Request for Award — A settlement award paid in weekly installments exclusive of future medical costs. Such stipulated awards often include a provision under which the employer will pay the cost of future medical care related to the disability. When an employee's workers' compensation claim is ready for Settlement, a physician report is "rated" using specific criteria developed by the State to arrive at a percent of permanent disability that is equivalent to a sum of money. This sum of money constitutes the "Settlement" with the employee. The State mandates that employers immediately begin paying permanent disability benefit (even if there is a disagreement on the total amount of the Settlement), or if the City is waiting for Settlement paperwork. In addition, the Stipulations with Request for Award Settlements generally include "future medical" costs — these costs are unknown and are provided based on labor code (non -discretionary). As a result, there is very little discretion that can be applied to Workers' Compensation Settlements. Most Settlements presented to the City Council are simply approving payments already being made or payments that have been mandated by the State prior to the Settlement. In Page 2 Staff Report — An Ordinance of the City Council of the City of National City amending Title 2 of the National City Municipal Code to establish the City Manager's authority to approve, settle or compromise Workers' Compensation claims under Chapter 2.01.020. August 18, 2015 nearly all cases, except those which are litigated, there is little discretionary action provided to the employer under the Labor Code. With this action, staff seeks to amend the Municipal Code of the City of National City to set forth specific language related to the settlement authority of such Workers' Compensation claims related to the injury and disability of City of National City employees and volunteers covered under the City's Workers' Compensation Plan. DISCUSSION Absent a local provision of law or policy related to the authority to resolve Workers' Compensation Awards, staff has relied on the provisions of City of National Municipal Code Section 2.01.020, City Manager Powers -Duties, to govern this matter. Section 2.01.020.0 grants authority to the City Manager "To reject claims and demands against the City and, with the concurrence of the City Attorney to approve, settle or compromise such claims and demands in amounts not to exceed twenty-five thousand dollars;". As a result, Workers' Compensation Settlements for Compromise and Release Settlements over twenty-five thousand dollars and all Stipulations with Request for Award Settlements are currently brought before the City Council for approval. Because of the confidential nature of such personnel matters, these settlements are heard in Closed Session. Given the strict authority of Workers' Compensation Appeals Board and the formulaic award system as administered by Administrative Law Judges under the authority of the Board, staff seeks to define local authority accordingly. 1) Compromise and Release Settlements (lump sum payments) a. City Manager and/or his/her designee may approve up to twenty-five thousand dollars; b. City Manager may approve up to fifty thousand dollars for non -discretionary Compromise and Release Settlements; c. City Council shall approve all discretionary Compromise and Release Settlements over twenty-five thousand dollars. 2) Stipulations with Request for Award (with future medical costs — payments over time) a. City Manager and/or his/her designee may approve up to twenty-five thousand dollars; b. City Manager may approve any amount of a non -discretionary Stipulation with Request for Award; c. City Council shall approve all discretionary Stipulations with Request for Award over twenty-five thousand dollars. Page 3 Staff Report — An Ordinance of the City Council of the City of National City amending Title 2 of the National City Municipal Code to establish the City Manager's authority to approve, settle or compromise Workers' Compensation claims under Chapter 2.01.020. August 18, 2015 RECOMMENDATION Amend City of National City Municipal Code Section 2.01.020 as follows: U. To reject claims and demands against the City and, with the concurrence of the City Attorney to approve, settle or compromise such claims and demands in amounts not to exceed twenty-five thousand dollars except for the settlement of Workers' Compensation settlements as provided in this chapter; X. To approve, settle or compromise Workers' Compensation awards in amounts not to exceed twenty five thousand dollars for discretionary Comprise and Release Settlements and Stipulations with Request for Awards, fifty thousand dollars for non -discretionary Compromise and Release Settlements, and all non -discretionary Stipulations with Request for Awards; and to delegate that authority. Should this settlement authority be granted as recommended, staff will provide summary closed session reports to the City Council of those cases settled within the City Manager's authority on a quarterly basis. FISCAL IMPACT There is no fiscal impact associated with this item. CC/CDC-HA Agenda 9/15/2015 — Page 104 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving a Zone Variance to allow a parking space in the front yard setback for a single-family home located at 1926 "E" Avenue. (Applicant: Victor Castillo) (Case File 2015-05 Z) (Planning) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving a Zone Variance to allow a parking space in the front yard setback for a single-family home located at 1926 "E" Avenue. (Applicant: Victor Castillo) (Case File 2015-05 Z) PREPARED BY: Martin Reeder, AICP DEPARTMENT: Planning. PHONE: 336-4313 APPROVED BY: EXPLANATION: The City Council voted to approve this item at the September 1, 2015 public hearing. The attached resolution is needed to take action on the item. A condition was added to require a wall separating the parking area from the remainder of the front yard. This condition is included on the attached Resolution as number 12. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project per CEQA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Resolution CC/CDC-HA Agenda 9/15/2015 — Page 106 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit - St. Mary's Fall Festival hosted by St. Mary's Catholic Church on Sunday, October 4, 2015 at the parish grounds located between E. 8th Street and "E" Avenue from 7 a.m. to 7:00 p.m. with no waiver of fees. (Neighborhood Services) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2015 AGENDA ITEM NO. I ITEM TITLE: Temporary Use Permit — St. Mary's Fall Festival hosted by St. Mary's Catholic Church on Sunday October 4, 2015 at the parish grounds located between E. 8th Street and "E" Avenue from 7 a.m. to 7:00 p.m. with no waiver of fees. PREPARED BY: Armando Vergara PHONE: (619) 336-43641 EXPLANATION: DEPARTMENT: NeighjaorhoyE/,ervices Department APPROVED BY: This is a request from St. Mary's Catholic Church to conduct the 2015 St. Mary's Fall Festival event on Sunday, October 4, 2015 at their parish grounds on E. 8th Street & "E" Avenue. This event features approximately 20 assorted booths, including food booths, religious booths, white elephant booth, sewing club arts & crafts, and game booths. Two (2) 20x20 canopies will be set up for dining and a rented stage will be used for event entertainment and dancing acts. No street closures will be required for this event. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: The City has incurred $237.00 for processing the TUP through various City departments. Total fees are $237.00. rNVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: G4pprove the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: St. Mary's Catholic Church EVENT: St. Mary's Fall Festival DATE OF EVENT: October 4, 2015 TIME OF EVENT: 7:00 a.m. to 7:00 p.m. APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 Speakers shall face away from residential areas. Compliance with Title 12 required. RISK MANAGER (619) 336-4370 Provide valid copy of insurance certificate naming the City of National City. Provide Additional insured endorsement naming the City of National City as an additional named insured PUBLIC WORKS (619)366-4580 Public Works has no involvement in this event FINANCE * Festivals, Craft shows, etc. * A Business License is required IF monies are solicited, admission fee is charged, or if food, beverages and merchandise are sold. The organization holding this event and each vendor present at this event must have a separate business license. Vendors currently licensed by the City may operate under their existing license. l' 1 A list of all participating vendors (with their address, phone number, and current National City business license number) is to be provided to the Revenue & Recovery Division of the Finance Department two weeks prior to the event for verification of business licenses. If any of the vendors or organizations is registered not -for -profit, there will be no charge for a business license. However, a business license certificate must be obtained from the City Revenue & Recovery Division, Business License Section. (Note: a clearance fee does apply to Non-profit organizations located in National City that submit an initial business license application.) FIRE (619) 336-4550 NO COST FOR AFTER HOURS INSPECTION DUE TO DIRECTOR PARRA'S ATTENDANCE. DIRECTOR PARRA WILL CONDUCT AFTER HOURS INSPECTION WHILE AT EVENT Stipulations required by the Fire Department for this event are as follows: 1) Access to the church to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc 2) Fire Hydrants shall not be blocked or obstructed 3) Fire Department access into and through the festival areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not Tess than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s) 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s) 7) All cooking booths or areas to have one 2A:10BC fire extinguisher. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides. All fire extinguishers to have a current State Fire Marshal Tag attached. Please see attached example 8) Fire extinguishers to be mounted in a visible location between 3'/z`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. Please see attached example 1' 2 9) If Charcoal is being used, provide metal cans with lids and Zabel "HOT COALS ONLY" for used charcoal disposal 10) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc. 11) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of one hundred ($200.00) dollars. Fee is to be paid directly to the National City Fire Department Administration offices prior to event 12) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only 13) 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 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. If cooking is to be done, a ten feet separation shall be maintained from cooking appliance and canopies. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. If canopies maintain a ten feet separation distance from one another, no charge will be assessed Canopies: Tents: 0-400 sf- $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 0 —200 sf - $200.00 201 — (+) sf - $400.00 NOTE: Booths can be grouped in multiples of 4 not to exceed 400 square feet. A separation of ten feet between multiples of 4 booths shall be required 14) First Aid will be provided by organization Note: Fees can only be waived by City Council. P3 COMMUNITY SERVICES: Community Services has no involvement or comments for this event. POLICE: The Police Department does not have any stipulations I will request reserves and put out "extra patrol" for the squads that are on duty 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. 1'4 Az' . (,44.•4-rwr Type of Event [� Public Concert ❑ Fair [Parade Demonstration © Motion P ctur e G,rand Opening . estivat HC0mmunIty event Circus Block Party Other Event Title: ST. MARYS FALL FESTIVAL Event Location: PARISH PROPERTY CHURCH PARKING LOT 8TH & "E" STS EventDate(s): FromSUNDAY, 0QZ0BER 4th, 2015 Actual Event Hours: 7 : 0 OAM to 7 : 00 PM Total Anticipated Attendance: 500 APIR titS Spectators) Setup/assembly/constriction Date: SAT . O A e 3 r d PM 8: 00 AM Please describe the scope of your setup/assembly work (specific details): ON C17URCH GROUNDS SET-UP INCLUDES ASSEMBLING BOOTHS, DECORATING BOOTHS AND GROUNDS, Dismantle DatM0NDAY, OURANIAYam, 2015AM 8 : 00 AM 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. NO STREET CLOSINGS �r r xr v +WANi4 Sponsoring Organization: ST. MARY' S CATHOLIC CHURCH Chief Officer ofOrganization (Name) FATHER NEMESTO SUNGCAD, PASTOR 426 E. 7th Applicant (Name): ALICE STEER CHAIRPERSON FALL FE51' L Address: 2929 E16th St. NATIONAL CITY Daytime Phone:4 7 5 - 2 414 Evening Phone: Fax E-Mail Contact Person 'on site- day of PriegrAMISTREBER CHAilin gON NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1'S 1' Is your organization a 'Tax Exempt, nonprofit` organization? DYES EJ NO Are admission_ entry, vendor or participant fees required? [j YES EINO tf YES, please explain the purpose and provide amount(s): $ 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? .t •..'11. 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. THIS IS AN ANNUAL PARISH EVENT. THERE WILL BE FOOD BOOTHS RELIGIOUS BOOTHS, WHITE ELEPHANT BOOTH, ARTS & CRAFTS, CBILDREN:S GAME BOOTHS, SCOUTS,. THIS IS A ONE -DAY EVENT. OYES NO tf 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: DES®NO Does the event involve the sale or use of alcoholic beverages? YES NO Will Items or services be sold at the event? if yes, please describe: FOOD, SOFT DRINKS.PLANTB. RELIGIQUs ITEMS, WITF ELEPHANT ITEMS PG Y.- '1,111a.ti:. --. ra-..1 1=1YE1$+JO Does the event involve R moving route of any kind along sire, 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. [EYES ❑ NO Does the event involve a fixed venue site? tf YES, attach a detailed site map showing all streets impacted by the event IWYES NO Does the event involve the use of tents or canopies? If YES: Number of tentkcanoples 10 Sizes l 0x 10 NOTE: A separate Fire Department permit is required for tents or canopies. YESQNO Will the event Involve the usa of the Ci�t or your stage or PA system? SPECIFY: IS/ 0 GI Ty 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 Concession and/or Food Preparation areas. Please describe how food will be served atttteeveMOD PREPARED ON SITE IN COMMERCIAL KITCHENS If you intend to cook food In the event area please specify the method: x GAS X ELECTRIC _ CHARCOAL OTHER (Specify): 11 Portable and/or Perms 3 a ealii ETS IN CHURCH HALL & BACK OF CHURCH Number of portable toilets: 0 (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) ja.Tables # 10 ,! Chairs # 100 Fencing, barriersInViebarricades ,a Generator locations and/or source of electricity sG Canopies or tent locations (include tent/canopy dimensions) Booths, exhiblts, displays or enclosures Scaffolding, bleachers, plafforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above gz Trash containers and dumpsters (Note: You must property 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: 15 Trash containers with lids: 12 x DesxxlTb oS pl�� SCI$� nd verl ofRTbste�r�d oarbagg MCP eveLit ALL DURING TUE DAY. TATf TTJf ma—QTTP C'nMMPPrTAT. -WIMP CT171I TO TtFi PICKED UP BY EDCO 3 P7 Please describe your procedures for both Crowd Control and internal Security: PARISHIONERS & RESIDENTS ARE AWARE OF OUR ANNUAL ONE -DAY EVENT. SECURITY: Notifyink NCPD TO ALERT REGULAR AND RESERVE OFFICERS ❑YEStO Have you hired any Professional Security organization to handle security arrangements for this event? tf YES, please list Security Organization: Security Organization Address: Security Director (Name): Phone: EIYES NO Is this a night event? tf YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing end Equipment. WE WILL DAVE A FIRST-A.I1) AREA WITH PERSONNEL AND FIRST AID SUPPLIES.FIRE DEPARTMENT AND PARAMEDICS ARE IN AREA. Please describe your Accessibility Plan for access at your event by individuals with disabilities: CHURCH HAS DISABLED IN ALL CHURCH PARKING LOTSAS WELL AS ON STREETS FESTIVAL GROUNDS ARE BLACRTOPPED AND VERY LEVEL Please provide a detailed description of your PARKING plan: CHURCH PARKING LOTS AND CITY STREETS Please describe your plan for DISABLED PARKING: 1TSR nv n17R 1)TSAALED PARKING SPACES. Please describe your plans to notify all residents, businesses and churches impacted by the event: BULLETINS. ANNOUNCEMENTSM CHURCH FLYERS, WORD-OF-MOUTH NOTE: Neighborhood residents must be notified 72 hours In advance when events are scheduled In the City parks. tt ? t 4- r C-t ►..x.-i 3 taaM. t rv.4%z ,r-y � 1.1 t+..1M ,, w h. w rti r r l t, r. r$ r' n?.. r, a t A :' 1 .-I. . '.''4'‘., ; i 5 �. R" 4 1,4 YYES[ JNO 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: 1 Number nf Bends: Type of Music: D.J. FOR BACKCRnrrbTr,USIC FOR PLEASURE AND ENTERTAINMENT & DANCE ACTS. YES ONO Will sound amplification be used? if YES, please indicate: Start time:12 : 30 AM Finish Time 5 : op PM ❑ YECINO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: PM Finish Time PM Please describe the sound equipment that will be used for your event: ❑YESE3 NO Fireworks, rockets, or other pyrotechnics? tf YES, please describe: W.AYESDNO Any elgrss, banners, dace: stionc, specie; t r g? If YES, plea describe: ON PARISH PROPERTY: BANNERS,SIGNS, BOOTH DECORATIONS 1 1'9 PLANTS 3-T 3-C ° 'FINANCE 1-L-T BOOTH 1-S-T 4-C MITE ELEPHAN 3-T 8001 TH 4-C S-O REIJGIOLIS Boom • GATE STAGE ELECTRICAL (0, Hot Water T = TABLES C = CHAIRS L= LONG TABLE S = SHORT TABLE 3-T + 3-C 20X 20' 6-C Gems 1W412015 GATE ier 11904* ammo OCUPUIll 2:r Camino OROUP S-T ir specs ir OD COVIlf Scouts 2-T • City of National City PUBLIC PROPERTY USE HOLD-HARMLS ANC 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. Organization ST_ MARY' S CATHOLIC CHURCH Person In Charge of Activity FATHER NEMESIA SUNGCAB. PASTOR Address 426 EAST 7th STREET PARISH OFFICE Telephone 414_!501 Date(s) of Use SUNDAY, ()CTOBER 4 th 2015 CHAIRPERSON: ALICE STEEBER 2929 EAST 16th STREET NATIONAL CITY 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 !!tgatlon and other liability, induding attorney 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 Applicant Official Title Date Certificate of Insurance Approved Date 475-2414 P11 National City 39 1243 National City Blvd. 819-336-4330 / 59147 08/19/2015 10:02:48.000 Validation Receipt CNARfES- 001-45484-3585 001454 ST MARY' S FALL Rag CASIREG1 $ 237.00 S+-total PAYMENT - Check - 2784 ST NARY CATHOLIC Chlteo 7.00 t 237.00 stsus*sm0.00 THANK Y011i Business Hours: 7:00 - 8:00 liorday through Thursday Cloeed an Fridays EVENT DATE(S): LOCATION: CALIF OR'NIA diTIONAL ?or 3ORHOOD SERVICES DIVISION National City 39 1243 Motional City Blvd. 619-336-4330 / 59147 0)3/19/2015 10:02:40.030 Reg CA91R931 +g with your payment to the Finance ¢ant i ' L # 237.09 ck receipt to ' ur office (Customer Service). DATE: T EVENT: iVkiiel 15 . -Nos* f 20 '04 APPLICANT: glc j PROCESSING FEE: $ 0.[Aup_ck- Depending on City services requested, other fees may apply to your event. FOR OFFICE USE ONLY: Credit pay owing account: ti 1' 12 CC/CDC-HA Agenda 9/15/2015 — Page 120 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit- 7th Annual Health & Wellness Fair Hosted by Paradise Valley Hospital and The Southbay Times on October 31, 2015 from 10 a.m. to 3 p.m. at 2400 E 4th Street with no waiver of fees. (Neighborhood Service) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2015 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit — 7th Annual Health & Wellness Fair hosted by Paradise Valley Hospital and The Southbay Times on October 31, 2015 from 10 a.m. to 3 p.m. at 2400 E. 4th Street with no waiver of fees. PREPARED BY: Armando Vergara PHONE: (619) 336-4364, EXPLANATION: This is a request from The Southbay Times, in conjunction with Paradise Valley Hfital, to conduct a Health & Wellness Fair at the Paradise Valley Hospital employee parking grounds (corner of E. 8th and Euclid Avenue) on October 31, 2015 from 10 a.m. to 3 p.m. This event will feature free flu shots, glucose testing, diabetes and cholesterol checks, and blood pressure testing. Local restaurants will participate with food specialties. This event is free to all residents, businesses and guests. Paradise Valley Hospital will provide security detail / crowd control and a First Aid booth will be provided by volunteer medical practitioners. There will be sufficient parking for all guests to park on the Hospital grounds. DEPARTMENT: Neighbo rvices Department APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The City has incurred $237.00 for processing the TUP through the various City departments, and $200.00 for Fire fees. Total fees are $437.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Paradise Valley Hospital & The Southbay Times EVENT: 2015 Health & Wellness Fair DATE OF EVENT: October 31, 2015 TIME OF EVENT: 10 a.m. to 3 p.m. APPROVALS: DEVELOPMENT SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE POLICE CITY ATTORNEY 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 [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 Speakers should face away from nearby residential properties and comply with NCMC Title 12 (Noise). COMMUNITY SERVICES: 1. Community Services has no involvement or comments for this event. PUBLIC WORKS: (619)366-4580 We have reviewed the application for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below. PARKS DIVISION: 1. The Park Division has no involvement I' 1 FACILITIES DIVISION: 1. The Facilities Division has no involvement STREET DIVISION: 1. The Streets Division has no involvement 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. FIRE: Stipulations required by the Fire Department for this event are as follows: 1) Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2) Fire Department access into and through the booth/tent areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not Tess than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Fire Hydrants shall not be blocked or obstructed 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s) 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s) 6) If applicable, concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides 7) If applicable, 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 P2 required. All fire extinguishers to have a current State Fire Marshal Tag attached. Extinguishers shall be mounted in conspicuous area inside tent or canopy. Please see attached example 8) If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal 9) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc. if applicable 10) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ten ($200.00) dollars 11) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only 12) 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 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 Canopies: Tents: 0-400sf- $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 0 —200 sf - $200.00 201 — (+) sf - $400.00 13) First Aid will be provided by organization 14) Fire Department Fees can only be waived by City Council AFTER HOUR INSPECTION REQUIRED $200.00 FEE FOR AFTER HOUR INSPECTION 1' 3 FINANCE: All vendors must obtain a National City business license. POLICE: This has been a yearly event on private property and typically involves in-house security for this event. Request for extra patrol by on duty patrol units will be made for this event date. P4 T pe of Event: [� Public Concert Parade CJ Motion Picture Fair Festival ED Community event Demonstration Circus ❑Block Party Grand Opening ❑Other Event Title: 7th Annual National City Health & Wellness Fair Event Location: Paradise Valley Hospital Event Date(s): From 10/31/15 to 10/31/15 Actual Event Hours: 10:00 AM to 3:00 PM Total Anticipated Attendance: 250 (150 Participants 100 Spectators) Setup/assembly/construction Date: 10/30 Start time: 3:00 PM Please describe the scope of your setup/assembly work (specific details): assemble staging - set up canopies - etc. Dismantle Date: 10/31 Completion Time: 4Pm PM 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: Paradise Valley Hospital / The Southbay Tim% Chief Officer of Organization (Name) Ditas Yamane Applicant (Name): 7th Annual National City Health & Wea Address: 140 W, 16th Street National City. CA 91950 Daytime Phone: 619-474-5300 Evening Phone: 619-474-5300 Fax: 619-474-6888 E-Mail ditasyamane@cox.net Contact Person "on site day of the event: Ditas Yamane Cellular: 619-921-5125 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS t'5 Is your organization a "Tax Exempt, nonprofit" organization? Lid YES n NO Are admission, entry, vendor or participant fees required? Lj YES NO If YES, please explain the purpose and provide amount(s): Admission - FREE Vendor/Exhibitor Fee to cover cost of the event. $ 5000 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 4500 Estimated Expenses for this event. $ 500 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? '�](� l d' �} Y '� • �: y 7`l uµ.7 �7�r r J t Mw 1 = M:� st + .n r; �r rye ""n r`I sl f ji ra ptr o S G: liy ♦: 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. Health & Wellness Program. FREE flu shot (while supply last) to members of our community. FREE health & wellness services. FREE health & wellness information, To promote health & wellness for a happy and healthy community! EYES 7NO 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: NO. YESnNO Does the event involve the sale or use of alcoholic beverages? YES[INO Will items or services be sold at the event? If yes, please describe: 1'6 ❑YES❑✓ NO ✓❑YES ❑ NO ❑✓ YES❑NO ❑ YES ✓❑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. Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 50 Sizes 1ox10 NOTE: A separate Fire Department permit is required for tents or canopies. Will the event involve the use of the C_yt 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 Concession and/or Food Preparation areas. Please describe how food will be served at the event: Paradise Valley Hospital Nutrition Center. If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): ❑✓ Portable and/or Permanent Toilet Facilities Number of portable toilets: 2S11H (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 # 50 and Chairs # 150 Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures 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: 24 Trash containers with lids: 4 Describe your plan for clean-up and removal of waste and garbage during and after the event: Clean up after the event - removal of waste and garbage during and after the event by volunteers and hospital custodians. 1' 7 Please describe your procedures for both Crowd Control and Internal Security: PVH Security personnel and Event Volunteers to provide for crowd control and internal security. EYES O Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Paradise Valley Hospital Security Organization Address: 2900 Euclid Avenue National City, CA 91950 Security Director (Name): Phone: —}YES NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Day Time Event. Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Paradise Valley Hospital and the Philippine Nurses Association will be providing First Aid & Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: PVH has ADA compliance for access by individuals with disabilities. t.•s:f�t'i?` ,t.,„1` .1.17'�7 +k{; S� ,- s ' jyS • - i- ! s 1 • �,; i�1i �' .11j y i w 1. a to i` 1 i,� i f ri i 1 �� Y ' i� ' � i ! t I I• TC., 7411. • ! M !I / y_ it* rt n, i{s a ; r �tji �1�. �pa17{�y +1f �+7' KN1�:•��'i i� 3to HIM ya�y ., r,{� .jFS�i'i1 .4.4#,17,4 71h r'NT. �'wIN TI Y�I/i!Mh�V� hiy{a!'!M�F�K M�+.J•I �i".J�'.' i►�Y!� Please provide a detailed description of your PARKING plan: PVH has ample parking plan during the event. Please describe your plan for DISABLED PARKING: PVH parking lot provides for disabled parking. Please describe your plans to notify all residents, businesses and churches impacted by the event: Flverinq, poster, newspapers, and social media networking and advertising. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. 1> 8 QYESQNO 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: 1 Number of Bands: 1 Type of Music: family oriented. ❑✓ YES [NO Will sound amplification be used? If YES, please indicate: Start time* 9:30am AM Finish Time 3:OOpm PM YESIJ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 9:30am AM Finish Time 3:00 PM Please describe the sound equipment that will be used for your event: DJ EYES ✓❑ NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: None. YESENO Any signs, banners, decorations, special lighting? If YES, please describe: Banners ; Balloons; Posters 1'9 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. Organization Paradise Valley Hospital / The Southbay Times Person in Charge of Activity Ditas Yamane Address 140 W 16th Street National City, CA 91950 Telephone (619) 474-5300 Date(s) of Use 10/31 /2015 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 attorney 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. titgoW Si: -' 're of Applicant Official Title Date For Once Use Only Certificate of Insurance Approved Date 10/31/15 P10 NATCI-1 OP ID: MF Af RLY CERTIFICATE OF LIABILITY INSURANCE DA�tMM1D°"""' 07/10/2015 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 poticy(les) must be endorsed. If SUBROGATION 1S WAIVED, subject to the terms and conditions piths 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 SCF Insurance Services, Inc. License # 0606662 P.O. Box 1300 La Mesa, CA 91944-1300 Karen Marie Gallagher CONTACT Karen Marie Gallagher PHONE FAX c, Nc. Exa: 619-589-0303 sac, No): 619-589-1342 ADDRESS: kareng@scflnsurance.com INSURERS) AFFORDING COVERAGE NAIL II INSURER A:Philadelphia insurance Company ENSURED National City Public Safety Foundation 140 W 16th St National City, CA 91950 INSURERS: INSURER C INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE RA SD dyyVg POLICY NUMBER JMMULIDD EFF IYYYUMMLIDD YYYYYY)- LIMITS A A X COMMERCIAL GENERAL LIABILITY [X] OCCUR dab— X PHPK1358817 PHPK1358817 06/23/2015 06/23/2015 06/23/2016 06/23/2016 EACH OCCURRENCE $ 2,000,000 X I CLAWS -MADE Professional SES EB0CCUfu(u fence) i 100,000 MED EXt (Any one persor) $ 5,000 PERSONAL e. ADV INJURr $ 2,090,000 GEN'L X AGGREGATE LIMIT APPLIES PER JECT LOC POLICY n PRO ri OTHER GENERAL AGGREGATE $ 4,000,000 PRODUCTS COMP/OP AG $ 4,000,000 Prof liab s 1,000,000 AUTOMOBILE _, _. —HIRED LIABILITY ANY ALTO ALL OWNED AUTOS AUTOS -1 SCHEDULED AUTOS NRCsa 'NED _AUTOS I COMPlNED SINGLE LIMIT (Ea atciden0 $ BODILY INJURY (Per Damon) S BODILY INJURY (Pudent) er st $ PROPERTY DAMAGE JPeraccMenn S $ UMBRELLA LIAS EXCESS LIAB — OCCUo CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ WORKERS COMPENSATION EMPLOYERS' LIABILITY Y I N ANY PROPRIETORUPARTNERIE CUTIVE C OFFICER/MEMBER EXCLUDED% Mandatory In NH) II ¥BS, EemtrI 11ndW DESCRIPTION OF OPERATIONS oelow N(A JEk EDP. iTATUTE I Ek E L EACH ACc10 NT $ E.L DISEASE - EA EMPLOYEE $ E.L. D'SEASE • POLICY LIMIT $ A A DB,Oliability EPLI PHSD1055632 PHSD1055632 06/23/2015 06/23/2015 06/23/2016 06/23/2016 D&O EPLI 1,000,000 1,000,000 DESc'RIPTSDN OF OPERATIONS I LOCATIONS (VEI4CLES (ACORD 101, Addwenal Remark' Schedule, may be attached 1► more apace la 'squired) Certificate holder is additional insured per attached endorsement. CERTIFICATE HOLDER CANCELLATION City of National City Its official, agents, and em ployees 1243 National City Blvd. National City, CA 91950 ACORD 25 (2014/01) CITYOFN 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 to 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are reg Istered marks of ACORD PI1 anuany pnonj 6th Annual National. City Health Et Wellness Fair! Saturday, OCTOBER 31, 2015 • 10AM • 3PM Paradise Valley Hospital - Employee Parking Lot (corners of E. 8th Street Et Euclid Avenue} National City, CA91950 1. H GAMES • ..• - .-444 1 7 . 3 ... . , - i . . " 'i. 1• ' — ...------- — 1.\.-,1 (1.:••--- \'_ -.. ,- ki 1-- i.".--'.')" —i ' .r. "-:: - .-' -' ..'.:\-•'. ,, --, ' . ' •. '• i, * 1 --i/\1V1 4- 4. "7s (1 , ,1 ,(I::4))1 '. (.i_—_. _1) -:7)— - 1 1 ' \V • t- East 8th Street 4 4 PARADISE VALLEY HOSPITAL outWap Elmo Wellness Fair Saturday, October 31, 2015 * 10am-3pm Paradise Valley Hospital Employees Parking Lot E. 8th Street & Eudid Avenue National City, California 91950 FREE 7th National City Health & Wellness Fair - promoting a healthy and happy community is brought to you by Paradise Valley Hospital and The 5outhbay Times in cooperation with the Health & Human Services South County and Center for Health Promotion Community Partners: Office of Cong. Juan Vargas Office of CA Sen. Ben Hueso Office of County Sup, Greg Cox, Office of Mayor Ron Morrison 5D TFC Lions Club ; 5D Majestic Lions Club, SD Classic Lions Club ; SD Presidents Lions Club, Sb Executive Lions Club ; SD Pathfinders Lions ; Rotary Club of Paradise Valley San Diego Phil. Nurses Association - San Diego We Print - printing solution National City Realty Services The Phone Shop ; Kaplan College Vice Mayor Jerry Cano Aunt Emma's National City and more ... Flu Shot (while supply last) Blood Pressure, Glaucoma, 6. Diabetes Screening Health S. Wellness Counseling 6 Information plus fun activities, prizes, fr surprises Des A Halloween Costume Contest - for children 12 and under -judging from 1:30pm-2:30pm - one winner Come S. Join the fun in promoting health 5, wellness in our community!!! For more information and booth participation, please call (919) 474-53 0 0 email: healthandwellnesshere@gmail.com I' 13 CC/CDC-HA Agenda 9/15/2015 — Page 135 The following page(s) contain the backup material for Agenda Item: Update on negotiations with MediFit for the operation of Las Palmas Pool and seeking direction to complete the Operating Agreement with MediFit and bring back for City Council approval October 6, 2015. (Community Services) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2015 AGENDA ITEM NO. ITEM TITLE: Update on negotiations with MediFit for the operation of Las Palmas Pool and seeking direction to complete the Operating Agreement with MediFit and bring back for City Council approval October 6, 2015. (Community Services) PREPARED BY: (Audrey Denham DEPARTMENT: Co ;_unity Services PHONE.. j619-336-4243I APPROVED BY: EXPLANATION 'See attached staff report FINANCIAL STATEMENT: ACCOUNT NO. f NI ENVIRONMENTAL REVIEW: jNIAj ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Provide direction to complete the Operating Agreement with MediFit so staff may bring back an Operating Agreement and appropriation request for City Council approval on October 6, 2015. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report Staff Report Update on negotiations with MediFit for the operation of Las Palmas Pool and seeking direction to complete the Operating Agreement with MediFit and bring back for City Council approval October 6, 2015. Background On June 16, 2015 City Council approved staff's recommendation and authorized staff to begin negotiations with MediFit for the operation of Las Palmas Pool. MediFit is a privately -held fitness and wellness management and consulting company experienced in the management of aquatic centers. Update on Negotiations & Budget In an Operating Agreement with MediFit, revenues paid for the use of Las Palmas Pool by Southwestern College (SWC) and Sweetwater Unified High School District (SUHSD) would be paid directly to the City. Similar to the rental of any City facility to an outside organization, SWC and SUHSD would be required to complete a Facility Use Permit to rent Las Palmas Pool. City residents, SWC and SUHSD each use approximately one third of programmable pool time. The City would then pay MediFit a management fee plus operating costs. The table below summarizes revenues and expenses for the operation of Las Palmas Pool by MediFit. This budget has been developed with no revenue stream for open swim and learn to swim classes; however, expenses to run the programs has been included. Therefore, City Council can determine appropriate fees for such programs if desired. FY15-16 (January -June) Revenue Southwestern College Sweetwater Union High School District Total Revenue $ 62,500 $ 50,000 $ 112,500 Expenses Utilities $ 100,000 MediFit Management Fee $ 30,000 MediFit Operating Costs $ 158,500 Total Expenses $ 288,500 Existing FY15-16 Appropriation for Utilities ($ 100,000) Additional FY15-16 Appropriation Needed $ 188,500 Net Cost to the City $ 76,000 FY16-17 Revenue Southwestern College Sweetwater Union High School District Total Revenue $ 125,000 $ 100,000 $ 225,000 Expenditures Utilities $ 200,000 MediFit Management Fee $ 60,000 MediFit Operating Costs $ 317,000 Total Expenses $ 577,000 Net Cost to the City $ 352,000 The current fiscal year budget includes the cost of utilities at $100,000 for January through June of 2016. An appropriation of $188,500 would be needed for this fiscal year. The total amount subsidized by the City for FY15-16 would be $76,000 based on an offset of $112,500 in revenue from SWC and SUHSD. During the FY2016-2017 budget development process staff would include the above revenue ($225,000) and expenditures ($577,000) as part of the proposed budget. This is projected to have a net cost to the City of $325,000. Capital Investment On August 18, 2015 City Council establish the appropriation of $189,525.66 from the YMCA to a corresponding expenditure account for Las Palmas Park improvements. The payment received from the YMCA represents the remaining balance of a $250,000 deposit provided to the YMCA by the City to be spent on deferred maintenance at Las Palmas Pool and Camacho Recreation Center. In order to open the pool in January 2016 equipment for safety, lifeguards, group exercise classes, lap swim, recreational swim, learn -to -swim classes and water polo would need to be purchased by the City. The approximate amount is $80,000 and items would need to be purchased prior to opening. The additional appropriated funds would be used for deferred maintenance and to enhance the facility for users. This would include minor electrical, painting and refurbishing of existing equipment. Beyond the 18 months of the proposed Operating Agreement, there will be capital requirements that will be determined from the needs assessment for the Las Palmas facilities. Long -Range Feasibility Study & Needs Assessment Beginning in July 2017, SWC and SUHSD would no longer rent the pool as the new facility at SWC will be completed. As part of the Operating Agreement, MediFit would conduct a market analysis and feasibility study to determine the long-range strategy for pool operations. MediFit would complete this work by January 2017 so long-range strategies could be determined during the FY 2017-2018 budget process. Operating Agreement Deal Points Term: Begins when the agreement has been executed and ends July 2017 with the option to extend two additional one year terms upon mutual agreement. Reporting: Annual reports to the City denoting program participant numbers, total participant numbers, events and programs coordinated, total joint use time, budget, next year operating plan and fee schedule and any other pertinent statistics. Utilities: City responsible for providing and paying for all utilities or services necessary for operations, including but not limited to gas, water, electricity, trash, sewer charges, internet and telephone. Repair & Maintenance: City responsible for all repair and maintenance including pool chemicals, facility maintenance, landscape maintenance and janitorial. City Residents: City and MediFit will agree to special benefits and programs for National City residents. Programs and Fees: MediFit shall provide a -learn -to -swim program at affordable resident rates approved by the City. Open swim and other programs will be provided based on community need and viability. Fees and Payments: City will collect revenue from rental groups. City will pay MediFit a management fee of $5,000 per month and monthly operating costs not to exceed $525,000 during the term of the agreement. Staff Recommendation Provide direction to complete the Operating Agreement with MediFit so staff may bring back an Operating Agreement and appropriation request for City Council approval on October 6, 2015. CC/CDC-HA Agenda 9/15/2015 — Page 140 The following page(s) contain the backup material for Agenda Item: Report seeking direction on consideration of cablecasting of City of National City, City Council meetings, other City of National City public meetings, and public service messages.(MIS) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2015 AGENDA ITEM NO. ITEM TITLE: Report seeking direction on consideration of cablecasting of City of National City, City Council meetings, other City of National City public meetings, and public service messages. PREPARED BY: Ron Williams PHONE: 336-4373 EXPLANATION: DEPARTMENT: MIS APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. There is no fiscal impact at this time. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Staff Report CALIFORNIA N TI O N 1L CITY awl mINCORPORATE City Council Staff Report September 15, 2015 ITEM Staff Report: Report seeking direction on consideration of cablecasting of City of National City, City Council meetings, other City of National City public meetings and public service messages. BACKGROUND Consistent with the City Council's strategic objective to expand public access to City services and information, organization wide staff actively seeks to identify and implement measures that will enhance our ability to provide members of the public with access to timely information in an efficient and cost effective manner. Specifically related to City Council meetings these efforts include: the placement of a hard copy of the City Council agenda on the City's public noticing board at City Hall; the availability of a public hard copy binder of the City Council agenda and all available back up materials; and the posting of the City Council agenda and all available back up materials on the City's website. This pre -meeting dissemination of information is made available no less than 72 hours in advance of a regular noticed meeting. The actual City Council meetings are live streamed on the internet with access available from desktop computers, laptops, tablets and smart phones. Afterward, video recordings of the meetings and meeting minutes are archived and available on the City's website. Information related to Planning Commission and Oversight Board to the Successor Agency meetings is disseminated in this same manner. At the request of members of the City Council through the City Manager, staff has recently began a review of cablecasting as another means of providing access to information. This report provides an update on staff's research in this regard and seeks formal direction on whether or not to pursue this additional mode of information dissemination. DISCUSSION Cablecasting is the use of cable broadcasting channels. As required by the Digital Infrastructure and Video Competition Act of 2006 (DIVCA), all state video franchise holders (cable providers) are required to designate at least three public, educational, and governmental (PEG) access channels for non-commercial programming, including the transmission of a meeting or proceeding of any local, state, or federal governmental entity. PEG channels are carried on the provider's basic service tier to ensure that all subscribers have access to PEG programming. In order to view a cablecast, individuals must have access to a television, computer or mobile Page 2 Staff Report — Report seeking direction on consideration of cablecasting of City of National City City Council meetings, other City of National City public meetings and public service messages. September 15, 2015 devise (i.e. laptop, tablet or smart phone) that subscribes to cable television broadcasting. Cox Communication is the cable television provider for National City households and businesses. According to the most recent data available through SANDAG, there are 15,787 housing units in National City. There are approximately 3,000 are current Cox Cable subscribers in National City in total (households and businesses combined). As such, cablecasting would reach less than 19% of National City households. A discrete count of residential subscribers was not available. Should the City of National City choose to broadcast programming on a PEG access channel, there are two options for doing so: 1. Establish a full-time National City PEG feed. An active PEG channel must provide at least eight (8) hours of programming per day. The City would either have to dedicate a staff position in whole or in part to programming 56 hours of air time each week. This can be accomplished through the live and repeat broadcasting of City Council and Planning Commission meetings. New, informational programming such as introductions to the various services provided by the City can also be created and programmed. The cost of maintaining a full-time feed is $14,400 annually plus a one-time fee of $2,500 in the first year for a total first year cost of $16,900. 2. Use the County's PEG feed. As an alternative to maintaining its own PEG, National City could choose to run meetings on the County's PEG channel In doing so, the feed would switch to National City during meetings to be broadcast and switch back to County programming at the conclusion thus eliminating the need for more extensive local programming. The cost of using the County's PEG feed is the same $14,400 annually plus a one-time fee of $4,000 for a total first year cost of $18,400. The City of National City does not currently have the infrastructure in terms of equipment and staffing necessary for cablecasting. • Equipment — the council chambers is currently equipped with one camera that can be controlled by the City Clerk during City Council meetings. It is recommended that three high definition cameras be installed should the City decide to cablecast. The estimated cost for the purchase of the equipment is $60,087: cameras and switching equipment $52,587; construction $7,500. • Personnel (Programming) — Should the City determine to establish a full-time PEG feed, staff would have to be identified and dedicated to managing this function. Required staff time is estimated to be equal to a half-time position (0.5 full-time equivalent). The cost of staffing is unknown at this time. Page 3 Staff Report — Report seeking direction on consideration of cablecasting of City of National City City Council meetings, other City of National City public meetings and public service messages. September 15, 2015 • Personnel (Video Production) — The City of National does not have the internal expertise to manage the production of a cable broadcast. Production staff is needed to run the "control room" during the meetings. Third party video production services are estimated at $500 per meeting or $24,000 per year. The estimated annual cost assumes the production of all City Council and Planning Commission meetings at two meetings each per month. Assuming the City Council continuation of a summer one month legislative recess and the suspension of one meeting in December due to the labor negotiated closure, the estimated cost includes up to three City Council workshops. The Oversight Board was not included in the estimate given that, by law it will phase out in June, 2016. Should a PEG program be established prior to the phase out, Oversight Board meetings could be added at an additional cost of $500 per meeting. The total first year cost is estimated at $88,987 to $90,487, with an annual recurring cost of $38,400 (these costs do not include staff time). All of these costs, again with the exception of staff, can be paid for through the initiation of a PEG fee. DIVCA allows local agencies to charge a fee of up to one percent (1%) of the revenues derived from the operation of the cable provider's network to provide cable service within the jurisdiction. This fee is passed on to local cable subscribers. Based on the estimated number of local subscribers, the annual PEG fee is estimated to be $95,000. The fee per subscriber is estimated at $2.64 per month. RECOMMENDATION Provide direction to staff as to whether or not to move forward with the development and execution of a plan to cablecast. Should the City Council provide direction to develop and execute cablecasting, staff requests additional direction to establish a one percent (1%) PEG fee and to collect sufficient fees to pay for program implementation (i.e. the purchase and installation of equipment, and PEG fee charges) prior to execution. The PEG fee is restricted to cover only capital costs, and cannot be used to pay for personnel expenses. Additional direction/input: should the City Council desire public input, a survey has been drafted for this purpose (attached). CALIFORNIA *K* NATIONAL CITy L L WORPORATEV Cable Casting Survey National City residents, please help us better serve you by answering the following q uestions. 1. Are you a National City Resident? Yes No 2. To which television service provider do you currently subscribe? Cox Cable Satellite (Dish, DIRECTV, etc.) I do not have a television service Other (please specify) 3. Are you aware that City Council meetings are available to watch on the internet? Yes No 4. Have you watched a City Council meeting on the internet? Yes No 5. Would you watch National City City Council meetings on cable television if this service was available? Yes No 6. Which method would you prefer to watch City Council Meetings? Television Internet 7. In the last 12 months, please indicate which events you have attended (check all that are applicable). City Council Meeting City Board & Commission Meetings Community Workshops None of the above Other (please specify) 8. What is your age group? 19 or under 20-29 30-39 40-49 50-59 60-69 70 or older 9. Please rank your preferred methods of receiving National City updates in order of preference. National City Website Facebook Twitter Television Broadcast National City Email Newsletter Neighborhood Councils Thank you for taking the time to complete this survey and help us better understand the needs of the community. Please feel free to contact us if you have any questions.