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Home My WebLink Aboutcc031516 (2)AGENDA 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, MARCH 15, 2016 - 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 3/15/2016 — 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 3/15/2016 — 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 2016 - Tirza Gonzales, Executive Secretary INTERVIEWS / APPOINTMENTS CONSENT CALENDAR 2. 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) 3. 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) 4. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement between the City of San Diego Office of Homeland Security and the City of National City for the distribution of FY15 Urban Area Security Initiative (UASI) Grant Funds for the reimbursable grant for equipment, planning, and training for police and fire personnel. (Fire) 5. Resolution of the City Council of the City of National City authorizing the appropriation of $350,000 in the Environmental Compliance Contract Services maintenance and operations account from General Fund fund balance to fund emergency channel maintenance for Paradise Creek as provided under U.S. Army Corps of Engineers Regional General Permit CC/CDC-HA Agenda 3/15/2016 — Page 4 No. 63 issued to the City of National City on January 29, 2016. (Engineering/Public Works) 6. Resolution of the City Council of the City of National City, 1) accepting the terms of the Termination and Mutual Release Agreement between 819 D Avenue, LLC, a California limited liability company (the Owner), NC Apartments, LLC, a California limited liability company, and the City of National City, for the Undergrounding of Utilities for the Harbor View Condo Project located at 819 D Avenue; and 2) authorizing the Mayor to execute the Agreement. (Engineering/Public Works) 7. Resolution of the City Council of the City of National City waiving the bid process pursuant to section 2.60.220(b) of the National City Municipal Code and authorizing the Mayor to execute a five year agreement with Vision Technology Solutions, LLC in the total not -to -exceed amount of $121,344.00 to upgrade and support Vision Internet Website Content Management System. (MIS) 8. 2015 Annual Progress Report on the implementation of the Housing Element of the General Plan. 9. Warrant Register #32 for the period of 02/03/16 through 02/09/16 in the amount of $2,178,131.88. (Finance) 10. Warrant Register #33 for the period of 02/10/16 through 02/16/16 in the amount of $2,398,000.67. (Finance) PUBLIC HEARINGS ORDINANCES FOR INTRODUCTION 11. An Ordinance of the City Council of the City of National City amending Title 18 (Zoning) Chapter 18.47 of the National City Municipal Code pertaining to Signs and Outdoor Advertising Displays. (Applicant City - Initiated) Lase File 2015-07 A) (Planning) ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 12. Resolution of the City Council of the City of National City approving a Conditional Use Permit for a wireless communications facility at 116 National City Blvd. (Applicant: Verizon Wireless) (Case File 2015-15 CUP) (Planning) 13. Resolution of the City Council of the City of National City, 1) awarding a contract to Fordyce Construction, Inc. in the not -to -exceed amount of $325,285.00 for the Las Palmas Park Municipal Pool/Camacho Gym/Fire CC/CDC-HA Agenda 3/15/2016 — Page 5 Station 31 Improvements Project, CIP No. 16-02; 2) authorizing a 15% contingency in the amount of $48,792.75 for any unforeseen changes; 3) authorizing the Mayor to execute the contract; 4) authorizing the appropriation of $16,068.78 in the Fire Department DIF CIP account from the Fire Department DIF fund balance and appropriation of $34,500.00 in the Aquatic Center CIP account from the General Fund fund balance to supplement existing appropriations. (Engineering/Public Works) NEW BUSINESS 14. Temporary Use Permit — Easter Eqg Scramble sponsored by Cornerstone Church of San Diego at Las Palmas Park on March 26, 2016 from 9 a.m. to 12 p.m. with no waiver of fees. (Neighborhood Services) 15. Temporary Use Permit National City Public Safety Fair hosted by the National City Police Department, Fire Department and Westfield Plaza Bonita on April 16, 2016 from 12 p.m. to 4:30 p.m. at 3030 Plaza Bonita Road. This is a National City sponsored event per Council Policy No. 804. (Neighborhood Services) 16. Temporary Use Permit — 25th Annual Automobile Heritage Day Car Show & Festival hosted by the National City Chamber of Commerce at Kimball Park on August 13, 2016 from 9 a.m. to 4 p.m. This is a National City Co - Sponsored event per City Council Policy No. 804. (Neighborhood Services) 17. Temporary Use Permit — Relay for Life of National City sponsored by American Cancer Society at Kimball Park from August 13, 2016 to August 14, 2016. This is a City co -sponsored event pursuant to City Council Policy #804. (Neighborhood Services) 18. City of National City Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2015. (Finance) 19. City of National City's Single Audit Report on Federal Awards for the Fiscal Year Ended June 30, 2015. (Finance) 20. Staff report on beekeeping and seeking direction from the City Council regarding a potential Ordinance to allow the keeping of bees in the City. B. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY CONSENT RESOLUTIONS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY CC/CDC-HA Agenda 3/15/2016 — Page 6 NEW BUSINESS- HOUSING AUTHORITY C. REPORTS STAFF REPORTS MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - April 5, 2016 - 6:00 p.m. - Council Chambers - National City, California. BUDGET SCHEDULE - FISCAL YEAR 2017 Budget Workshop - April 26, 2016 - 6:00 pm Budget Hearing - June 7, 2016 - 6:00 pm 2016 CITY COUNCIL SUMMER LEGISLATIVE RECESS July 5 - City Council Meeting - Suspended July 19 - City Council Meeting - Suspended CC/CDC-HA Agenda 3/15/2016 — Page 7 The following page(s) contain the backup material for Agenda Item: Employee of the Quarter 2016 - Tirza Gonzales, Executive Secretary CALI..FO,R.NI.A 4•41- NATIONAL CITY orcORpoRATEu CITY OF NATIONAL CITY MEMORANDUM DATE: March 1, 2016 TO: Leslie Deese, • anager FROM: Stacey Steven irector of Administrative Services SUBJECT: EMPLOYEE OF THE 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 First Quarter of calendar year 2016 is: Tirza Gonzales — Executive Secretary By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, March 15, 2016 to be recognized for her achievement and service. Attachment cc: Tirza Gonzalez Steve Manganiello — Director of PW/City Engineer Josie Flores -Clark — Executive Assistant III Human Resources — Office File CALIFCRIVA `+'ail .p: fArceara blign RECEIVED FEB 23 2016 CITY OF NATIONAL CITY HUMAN RESOURCES DEPARTMENT Performance Recognition Award tf4� `iiti St Zcr. ii'iCS 'fvYl I nominate 'fly-,..e, "7 1l1, c,� ll� : �.� _rrtvt 4.4.- y for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (Le., 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 jwhen giving Jyour examples. t �.�. t✓A t L�1 -e i► fe►!Piet* <�J 44 4-.r ettrL1[+wc aftalfi w ? o /3i:...wt. e..r1.y!e. T 1 j ��j lli:/Il i sI 14y . r i..I1' j--`i��IS,ii/ ■...y �) �. IIj�,�) j..,rf1 lie t ll.1 ..._; i �p�t • I `r•wfC6if w..J vt`ti,r1f.1 lyr)tl/+.jf f 1) ,ll�Fiyt�//ff.l�lf,Gi:.�iel�wrLft fe�.t!T)ir.,f ihww54 41Ie wt//r1rll I.rs.rip: lie le DI., ji1f ..- l IL, 11 t/t• f,.a.. tel ,vva ■ r { n . t �/ IIlN9 A a... a r w.: a rn T • E 1� ; t (i.7 - .i Jr l+.� 1 i .L L Jm „ /pr.& v6.. 44;4 4..."1 l ; .rl.4 lX/ei .Z ate. f o ; .R (Li d t f .,..,, C �,l � r+. j' ! 'C l�r(a1t-1�! �/�r'fM.�✓JV ;•. C; ty 1. 141t ,re vt""! .fw+►IC asl . 4iwwC �ir2w e'll! WMW COMPLETED MOAT ATIO4 TO: .,s �..,+.1..-, fit.. • f .wr l e...., , S4 t 1,..A 1 y "'eh w1f•.3; ;%.! tit*..., /t'('•rgr/r' +.ts...A. Rcf +1fvatli�lee✓. National City Performance Recognition Program '' �s• <<•�► Human Resources Department Nominated by: -Ti, P. �,.► .—; e /l+, : . e t {�.- s Av✓ /(♦ shy total'., e Signature: Date: z /x3 /// CC/CDC-HA Agenda 3/15/2016 — Page 10 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement between the City of San Diego Office of Homeland Security and the City of National City for the distribution of FY15 Urban Area Security Initiative ( CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 15, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement between the City of San Diego Office of Homeland Security and the City of National City for the distribution of FY15 Urban Area Security Initiative (UASI) Grant Funds for the reimbursable grant for planning and training for police and fire personnel. (Fire) PREPARED BY: Frank Parra DEPARTMENT: Fir, PHONE: (619) 336-4551 APPROVED BY: EXPLANATION: This Agreement documents the roles, responsibilities, and expectations at the local, state, and federal levels and ensures that the City of National City, as a participant in the program, agrees to meet state and federal requirements. The Urban Area Security Initiative (UASI) grant provides funding for equipment, planning, and training needed to respond to natural or man-made disasters or terrorism incidents that may occur in the San Diego urban area. This grant program requires the City to incur expenses for planning and training for police and fire personnel, and then apply for reimbursement. FINANCIAL STATEMENT: ACCOUNT NO. raining - $10,107, Planning - $2,000 001-11000-3469 PD OT Reimbursement 001-411-000-1* 001-12000-3469 FD OT Reimbursement 001-412-125-1* No City match required.' ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: (,,�,�� Finance APPROVED: MIS STAFF RECOMMENDATION: Staff recommends authorizing the Mayor to execute the Agreement between the City of San Diego Office of Homeland Security and the City of National City for the distribution of FY15 UASI grant funds. BOARD / COMMISSION RECOMMENDATION: 1 ATTACHMENTS: 1. Agreement between the City of San Diego Office of Homeland Security and the City of National City for the distribution of FY15 Urban Area Security Initiative (UASI) grant funds 2. Resolution AGREEMENT BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE CITY OF NATIONAL CITY FOR THE DISTRIBUTION OF FY 2015 UASI GRANT FUNDS THIS AGREEMENT is made this day of March 15, 2016, in the City and County of San Diego, State of California, by and between the CITY OF NATIONAL CITY ("SUBRECIPIENT") and the CITY OF SAN DIEGO, a municipal corporation ("San Diego" or "City"), in its capacity as fiscal agent for the Approval Authority, as defined below, acting by and through the San Diego Office of Homeland Security ("OHS"). RECITALS WHEREAS, The United States Department of Homeland Security ("DHS") designated San Diego as an eligible high risk urban area through an analysis of relative risk of terrorism, the San Diego Urban Area ("SDUA") was established for the purpose of application for and allocation and distribution of federal Urban Areas Security Initiative ("UASI") program grant funds; and WHEREAS, The Urban Area Working Group ("UAWG"), a collaborative subcommittee established by the San Diego County Unified Disaster Council, was established as the Approval Authority for the SDUA, to provide overall governance of the homeland security grant program across the SDUA, to coordinate development and implementation of all UASI program initiatives, and to ensure compliance with all UASI program requirements; and WHEREAS, The City of San Diego Office of Homeland Security ("SD OHS"), as the "core city" for the SDUA, will serve as the chair and the UASI Grant Administrator, and SD OHS Executive Director is responsible for implementing and managing the policy and program decisions of the Approval Authority, directing the work of the UASI Management Team personnel, and performing other duties as determined and directed by the Approval Authority, and WHEREAS, San Diego has been designated as the grantee for UASI funds granted by the DHS through the California Office of Emergency Services ("Cal OES") to the SDUA, with responsibility to establish procedures and execute subgrant agreements for the distribution of UASI program grant funds to jurisdictions selected by the Approval Authority to receive grant funding; and WHEREAS, San Diego has been designated to serve as the fiscal agent for the Approval Authority, and to establish procedures and provide all financial services for distribution of UASI program grant funds within the SDUA; and WHEREAS, Pursuant to grant allocation decisions by the Approval Authority, the UASI Management Team has asked San Diego to distribute a portion of the regional UASI grant funds to SUBRECIPIENT on the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: FY 15 UASI — SUBRECIPIENT Page 1 of 19 November 1, 2015 ARTICLE 1 DEFINITIONS 1.1 Specific Terms. Unless the context requires otherwise, the following capitalized terms (whether singular or plural) shall have the meanings set forth below: (a) "ADA" shall mean the Americans with Disabilities Act (including all rules and regulations there under) and all other applicable federal, state and local disability rights legislation, as the same may be amended, modified or supplemented from time to time. (b) "Authorized Expenditures" shall mean expenditures for those purposes identified and budgeted in the SUBRECIPIENT Award Letter (Appendix A) and/or approved modification. (c) "Event of Default" shall have the meaning set forth in Section 7.1. (d) "Fiscal Quarter" shall mean each period of three calendar months commencing on July 1, October 1, January 1, and April 1, respectively. (e) "Grant Funds" shall mean any and all funds allocated or disbursed to SUBRECIPIENT (DUNS#: 0724940730000) under this Agreement. This Agreement shall specifically cover funds allocated or disbursed from Cal OES Grant No. 2015-00078, Cal OES ID No. 073-66000, CFDA No. 97.067, per Cal OES award notice dated September 25, 2015. (f) "Grant Plan" shall mean the plans, performances, events, exhibitions, acquisitions or other activities or matter, and the budget and requirements, described in the approved Financial Management Forms Workbook (FMFW). If SUBRECIPIENT requests any modification to the Grant Plan, SUBRECIPIENT shall submit a written request to the SD OHS Executive Director with the following information: Scope of change requested, reason for change, proposed plan for change, summary of approved and requested modifications to the Grant Plan, and any necessary approvals in support of change (e.g., EHP). (g) "Indemnified Parties" shall mean: (i) San Diego, including all commissions, departments including OHS, agencies, and other subdivisions of San Diego; (ii) San Diego's elected officials, directors, officers, employees, agents, successors, and assigns; and (iii) all persons or entities acting on behalf of the foregoing. (h) "Losses" shall mean any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, judgments, fees, expenses and costs of whatsoever kind and nature (including legal fees and expenses and costs of investigation, of prosecuting or defending any Loss described above) whether or not such Loss be founded or unfounded, of whatsoever kind and nature. (i) "Reimbursement Request" shall have the meaning set forth in Section 3.10(a). (j) "UASI Management Team" shall mean The City of San Diego Office of Homeland Security Executive Director, Program Manager, Supervising Homeland Security Coordinator, as well as project, grant, and administrative staff. The Executive Director appoints members to the Management Team to implement the policies of the UAWG. 1.2 Additional Terms. The terms "as directed," "as required" or "as permitted" and similar terms shall refer to the direction, requirement, or permission of City. The terms "sufficient," "necessary" or "proper" and similar terms shall mean sufficient, necessary or proper in the sole judgment of City. The FY 15 UASI — SUBRECIPIENT Page 2 of 19 November 1, 2015 terms "approval," "acceptable" or "satisfactory" or similar terms shall mean approved by, or acceptable or satisfactory to, City. The terms "include," "included" or "including" and similar terms shall be deemed to be followed by the words "without limitation." The use of the term "subcontractor," "subgrantee," "successor" or "assign" herein refers only to a subcontractor, subgrantee, successor or assign expressly permitted under Article 8. 1.3 References to this Agreement. References to this Agreement include: (a) any and all appendices, exhibits, schedules, and attachments hereto; (b) any and all statutes, ordinances, regulations or other documents expressly incorporated by reference herein; and (c) any and all amendments, modifications or supplements hereto made in accordance with Section 10.2. References to articles, sections, subsections or appendices refer to articles, sections or subsections of or appendices to this Agreement, unless otherwise expressly stated. Terms such as "hereunder," "herein" or "hereto" refer to this Agreement as a whole. 1.4 Reference to laws. Any reference in this Agreement to a federal or state statute, regulation, executive order, requirement, policy, guide, guideline, information bulletin, or instruction shall mean that statute, regulation, executive order, requirement, policy, guide, guideline, information bulletin, or instruction as is currently in effect and as may be amended, modified or supplemented from time to time. ARTICLE 2 ALLOCATION AND CERTIFICATION OF GRANT FUNDS; LIMITATIONS ON SAN DIEGO'S OBLIGATIONS 2.1 Risk of Non -Allocation of Grant Funds. This Agreement is subject to all federal and state grant requirements and guidelines, including DHS and Ca1 OES requirements, guidelines, information bulletins, and instructions, the decision -making of the Cal OES and the Approval Authority, the terms and conditions of the grant award; the approved application, and to the extent applicable the budget and fiscal provisions of the San Diego City Charter. The Approval Authority shall have no obligation to allocate or direct disbursement of funds for this Agreement in lieu of allocations for new or other agreements. SUBRECIPIENT acknowledges and agrees that grant decisions are subject to the discretion of the Ca1 OES and Approval Authority. Further, SUBRECIPIENT acknowledges and agrees that the City shall have no obligation to disburse grant funds to SUBRECIPIENT until City and SUBRECIPIENT have fully and finally executed this Agreement. SUBRECIPIENT acknowledges and agrees that if it takes any action, informal or formal, to appropriate, encumber or expend Grant Funds before final allocation decisions by Cal OES and the Approval Authority, and before this Agreement is fully and finally executed, it assumes all risk of possible non -allocation or non -reimbursement of funds, and such acknowledgement and agreement is part of the consideration of this Agreement. 2.2 Certification of Controller: Guaranteed Maximum Costs. No funds shall be available under this Agreement without prior written authorization certified by the San Diego Chief Financial Officer as set forth in Section 39 of the City of San Diego City Charter: "No contract, agreement, or other obligation for the expenditure of public funds shall be entered into by any officer of the City and no such contract shall be valid unless the Chief Financial Officer shall certify in writing that there has been made an appropriation to cover the expenditure and that there remains a sufficient balance to meet the demand thereof." ARTICLE 3 PERFORMANCE OF THE AGREEMENT 3.1 Duration of Term. The term of this Agreement shall commence on NOVEMBER 1. 2015 and shall end at 11:59 p.m. San Diego time on JANUARY 31. 2018. FY 15 UASI — SUBRECIPIENT Page 3 of 19 November 1, 2015 3.2 Maximum Amount of Funds. In no event shall the amount of Grant Funds disbursed hereunder exceed the amount awarded under the SUBRECIPIENT Award letter (Appendix A), Training and Exercise Participation Award Letter and/or approved modification. The City will not automatically transfer Grant Funds to SUBRECIPIENT upon execution of this Agreement. SUBRECIPIENT must submit a Reimbursement Request under Section 3.10 of this Agreement, approved by the UASI Management Team and City, before the City will disburse Grant Funds to SUBRECIPIENT. 3.3 Use of Funds. (a) General Requirements. SUBRECIPIENT shall use the Grant Funds received under this Agreement for the purposes and in the amounts set forth in the Grant Plan. SUBRECIPIENT shall not use or expend Grant Funds for any other purpose, including but not limited to, for matching funds for other federal grants/cooperative agreements, lobbying or intervention in federal regulatory or adjudicatory proceedings, or to sue the federal government or any other government entity. SUBRECIPIENT shall not permit any federal employee to receive Grant Funds. (b) Modification of Grant Plan. Under Sections 1.1(f) and 10.2 of this Agreement, SUBRECIPIENT may submit a written request to modify the Grant Plan. SUBRECIPIENT shall not appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to such a request for modification until the SD OHS Executive Director or designee has provided written approval for the request. In addition, if the modification request requires approval from the Approval Authority and/or Ca1 OES, as determined by the SD OHS Executive Director, SUBRECIPIENT shall not appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to the modification request without approval from the Approval Authority and/or Cal OES. (c) No Supplanting. SUBRECIPIENT shall use Grant Funds to supplement existing funds, and not replace (supplant) funds that have been appropriated for the same purpose. (d) Obligations. SUBRECIPIENT must expend Grant Funds in a timely manner consistent with the grant milestones, guidance and assurances; and make satisfactory progress toward the goals, objectives, milestones and deliverables in this Agreement. 3.4 Grant Assurances: Other Requirements: Cooperation with Monitoring. (a) SUBRECIPIENT shall comply with all Grant Assurances included in Appendix B, attached hereto and incorporated by reference as though fully set forth herein. SUBRECIPIENT shall require all subgrantees, contractors and other entities receiving Grant Funds through or from SUBRECIPIENT to execute a copy of the Grant Assurances, and shall ensure that they comply with those Grant Assurances. (b) In addition to complying with all Grant Assurances, SUBRECIPIENT shall comply with all applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of the grant award; the approved application, and any conditions imposed by Cal OES or the Approval Authority. SUBRECIPIENT shall require and ensure that all subgrantees, contractors and other entities receiving Grant Funds through or from SUBRECIPIENT comply with all applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines, information bulletins, Ca1 OES grant management memos, and instructions; the terms and conditions of the grant award; the approved application, and any conditions imposed by Ca1 OES or the Approval Authority. FY 15 UASI — SUBRECIPIENT Page 4 of 19 November 1, 2015 (c) SUBRECIPIENT shall promptly comply with all standards, specifications and formats of San Diego and the UASI Management Team, as they may from time to time exist, related to evaluation, planning and monitoring of the Grant Plan and compliance with this Agreement. SUBRECIPIENT shall cooperate in good faith with San Diego and the UASI Management Team in any evaluation, inspection, planning or monitoring activities conducted or authorized by DHS, Cal OES, San Diego or the UASI Management Team. For ensuring compliance with non -supplanting requirements, upon request by City or the UASI Management Team, SUBRECIPIENT shall supply documentation certifying that a reduction of non-federal resources occurred for reasons other than the receipt or expected receipt of Grant Funds. 3.5 Administrative. Programmatic and Financial Management Requirements. SUBRECIPIENT shall establish and maintain administrative, programmatic and financial management systems and records in accordance with federal and State of California requirements. This provision requires, at a minimum, that SUBRECIPIENT comply with the following non-exclusive list of regulations commonly applicable to DHS grants, as applicable to this Agreement and the Grant Plan: (a) Administrative Requirements: 1. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, OMB Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133). (b) Cost Principles: 1. 2 CFR Part 200, Subpart E - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, OMB Circulars A-21, A-87, A-89, A-102, A-110, A-122, andA-133); 2. Federal Acquisition Regulations (FAR), Part 31.2 Contract Principles and Procedures, Contracts with Commercial Organizations. (c) Audit Requirements: 1. 2 CFR Part 200 Subpart F - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, OMB Circulars A-21, A-87, A-89, A-102, A-110, A-122, andA-133). 3.6 Technology Requirements. (a) National Information Exchange Model ("NIEM"). SUBRECIPIENT shall use the latest NIEM specifications and guidelines regarding the use of Extensible Markup Language ("XML") for all awards of Grant Funds. (b) Geospatial Guidance. SUBRECIPIENT is encouraged to use Geospatial technologies, which can capture, store, analyze, transmit and/or display location -based information (i.e., information linked to a latitude and longitude), and to align any geospacial activities with the guidance available on the Federal Emergency Management Agency ("FEMA") website. (c) Criminal Intelligence Systems Operating Policies. Any information technology system funded or supported by Grant Funds shall comply with 28 CFR Part 23, Criminal Intelligence Systems Operating Policies, if applicable. (d) SUBRECIPIENT is encouraged to use the DHS guidance in Best Practices for Government Use of CCTV. Implementing the Fair Information Practice Principles, if Grant Funds are used to purchase or install closed circuit television (CCTV) systems or to support operational CCTV systems. FY 15 UASI — SUBRECIPIENT Page 5 of 19 November 1, 2015 3.7 Procurement Requirements. (a) General Requirements. SUBRECIPIENT shall follow its own procurement requirements as long as those requirements comply with all applicable federal and State of California statutes, regulations, requirements, policies, guides, guidelines and instructions. (b) Specific Purchases. If SUBRECIPIENT is using Grant Funds to purchase interoperable communication equipment, SUBRECIPIENT shall consult DHS's SAFECOM's coordinated grant guidance, which outlines standards and equipment information to enhance interoperable communication. If SUBRECIPIENT is using Grant Funds to acquire critical emergency supplies, prior to expending any Grant Funds, SUBRECIPIENT shall submit to the UASI Management Team for approval by Cal OES a viable inventory management plan, an effective distribution strategy, sustainment costs for such an effort, and logistics expertise to avoid situations where funds are wasted because supplies are rendered ineffective due to lack of planning. (c) Bond requirement. SUBRECIPIENT shall obtain a performance bond for any equipment items over $250,000 or any vehicle, aircraft or watercraft financed with Grant Funds. 3.8 Subgrantee and Contractor Requirements. (a) SUBRECIPIENT shall ensure and independently verify that any subgrantee, contractor or other entity receiving Grant Funds through or from SUBRECIPIENT is not debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs, under Executive Orders 12549 and 12689, as implemented at 2 CFR Part 3000. SUBRECIPIENT shall obtain documentation of eligibility before disbursing Grant Funds to any subgrantee, contractor or other entity. SUBRECIPIENT shall maintain documentary proof of this verification in its files. SUBRECIPIENT shall establish procedures for the effective use of the "Excluded Parties List System," to assure that it does not provide Grant Funds to excluded parties. SUBRECIPIENT shall also establish procedures to provide for effective use and/or dissemination of the list to assure that its grantees and subgrantees, including contractors, at any tier do not make awards in violation of the non -procurement debarment and suspension common rule. (b) SUBRECIPIENT shall ensure that any subgrantee, contractor or other entity receiving Grant Funds through or from SUBRECIPIENT complies with the requirements of 44 CFR Part 18, New Restrictions on Lobbying; and (c) SUBRECIPIENT shall ensure that any subgrantee, contractor or other entity receiving Grant Funds through or from SUBRECIPIENT complies with the requirements of 2 CFR Part 3001, Requirements for Drug -Free Workplace (Financial Assistance). 3.9 Monitoring Grant Performance. (a) City and the UASI Management Team are both authorized to perform periodic monitoring reviews of SUBRECIPIENT's performance under this Agreement, to ensure that the Grant Plan goals, objectives, performance requirements, timelines, milestone completion, budgets and other criteria are being met. Programmatic monitoring may include the Regional Federal Preparedness Coordinators, or other federal or state personnel, when appropriate. Monitoring may involve a combination of desk -based reviews and on -site monitoring visits, inspection of records, and verifications of grant activities. These reviews will involve a review and analysis of the financial, programmatic, performance and administrative issues relative to each program and will identify areas where technical assistance and other support may be needed. The reviews may include, but are not limited to: FY 15 UASI — SUBRECIPIENT Page 6 of 19 November 1, 2015 1. Evaluating eligibility of expenditures; 2. Comparing actual grant activities to those approved by the Approval Authority and specified in the Grant Plan; 3. Ensuring that any advances have been deposited in an interest bearing account and disbursed in accordance with applicable guidelines; and 4. Confirming compliance with: Grant Assurances; information provided on performance reports and payment requests; and needs and threat assessments and strategies. (b) SUBRECIPIENT is responsible for monitoring and auditing the grant activities of any subgrantee, contractor or other entity receiving Grant Funds through or from SUBRECIPIENT. This requirement includes but is not limited to mandatory on -site verification visits. (c) If after any monitoring review, the DHS or Cal OES makes findings that require a Corrective Action Plan by SUBRECIPIENT, the City shall place a hold on all Reimbursement Requests from SUBRECIPIENT until the findings are resolved. 3.10 Disbursement Procedures. San Diego shall disburse Grant Funds to SUBRECIPIENT as follows: (a) SUBRECIPIENT shall submit to the UASI Management Team, in the manner specified for notices pursuant to Article 9, a document ("Reimbursement Request") substantially in the form attached as Appendix C, attached hereto and incorporated by reference as though fully set forth herein. The UASI Management Team shall serve as the primary contact for SUBRECIPIENT regarding any Reimbursement Request. (b) The UASI Management Team will review all Reimbursement Requests for compliance with this Agreement and all applicable guidelines and requirements. The UASI Management Team will return to SUBRECIPIENT any Reimbursement Request that is submitted and not approved by the UASI Management Team, with a brief statement of the reason for the rejection of the Reimbursement Request. (d) If a rejection relates only to a portion of the expenditures itemized in any Reimbursement Request, City shall have no obligation to disburse any Grant Funds for any other expenditures itemized in such Reimbursement Request unless and until SUBRECIPIENT submits a Reimbursement Request that is in all respects acceptable to the UASI Management Team. (e) If SUBRECIPIENT is not in compliance with any provision of this Agreement, City may withhold disbursement of Grant Funds until SUBRECIPIENT has taken corrective action and currently complies with all terms and conditions of the Agreement. 3.11 Disallowance. SUBRECIPIENT agrees that if it claims or receives reimbursement from City for an expenditure that is later disallowed by the State of California or the federal government, SUBRECIPIENT shall promptly refund the disallowed amount to City upon City's written request. At its option, City may offset all or any portion of the disallowed amount against any other payment due to SUBRECIPIENT hereunder or under any other Agreement with SUBRECIPIENT. Any such offset with respect to a portion of the disallowed amount shall not release SUBRECIPIENT from SUBRECIPIENT's obligation hereunder to refund the remainder of the disallowed amount. 3.12 $ustainability. Grant Funded programs that contain continuing personnel and operating expenses, over and above planning and implementation costs, must be sustained once the Grant Funding ends. If Equipment is purchased with grant funds the equipment must be sustained through the useful life of equipment. By executing this Agreement, SUBRECIPIENT acknowledges its responsibility and agrees FY 15 UASI — SUBRECIPIENT Page 7 of 19 November 1, 2015 to sustain continuing programs beyond the Grant Funding period. SUBRECIPIENT acknowledges and agrees that this sustainability requirement is a material term of the Agreement. 3.13 EHP Requirements. (a) Grant Funded projects must comply with the federal Environmental and Historic Preservation ("EHP") program. SUBRECIPIENT shall not initiate any project with the potential to impact environmental or historic properties or resources until Cal OES and FEMA have completed EHP reviews and approved the project. Examples of projects that may impact EHP resources include: communications towers, physical security enhancements, new construction, and modifications to buildings, structures and objects that are 50 years old or greater. SUBRECIPIENT shall notify the UASI Management Team of any project that may require an EHP review. SUBRECIPIENT agrees to provide detailed project information to FEMA, Cal OES and/or the UASI Management Team, to cooperate fully in the review, and to prepare any documents requested for the review. SUBRECIPIENT shall comply with all conditions placed on the project as the result of the EHP review, and implement any treatment or mitigation measures deemed necessary to address potential adverse impacts. With prior approval of the UASI Management Team, SUBRECIPIENT may use Grant Funds toward the costs of preparing documents and/or implementing treatment or mitigation measures. Any change to the approved project scope of work will require re-evaluation for compliance with EHP requirements. If ground disturbing activities occur during project implementation, SUBRECIPIENT shall notify the UASI Management Team and ensure monitoring of ground disturbance. If any potential archeological resources are discovered, SUBRECIPIENT shall immediately cease construction in that area and notify the UASI Management Team, which will notify the appropriate State Historic Preservation Office. If SUBRECIPIENT is using Grant Funds for a communication tower project, SUBRECIPIENT shall complete its Federal Communication Commission ("FCC") EHP process before preparing its Cal OES/FEMA EHP materials, and shall include the FCC EHP materials in the Cal OES/FEMA submission. (b) Any construction or other project that SUBRECIPIENT initiates without the necessary EHP review and approval will not be eligible for reimbursement. Failure of SUBRECIPIENT to meet federal, State, and local EHP requirements, obtain applicable permits, or comply with any conditions that may be placed on the project as the result of FEMA's and/or Cal OES's EHP review will result in the denial of Reimbursement Requests. 3.14 National Energy Conservation Policy and Energy Policy Acts. SUBRECIPIENT shall comply with the following requirements: (a) Grant Funds may not be used in contravention of the Federal buildings performance and reporting requirements of Executive Order 13123, part 3 of Title V of the National Energy Conservation Policy Act (42 USC § 8251 et seq.), or Subtitle A of Title I of the Energy Policy Act of 2005; and (b) Grant Funds may not be used in contravention of Section 303 of the Energy Policy Act of 1992 (42 USC § 13212). 3.15 Royalty -Free License. SUBRECIPIENT understands and agrees that FEMA reserves a royalty - free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and authorize others to use, for federal government purposes: (a) the copyright in any work developed using Grant Funds; and (b) any rights of copyright that SUBRECIPIENT purchases or acquires using Grant Funds. SUBRECIPIENT shall consult with the UASI Management Team and FEMA regarding the allocation of any patent rights that arise from, or are purchased with, Grant Funds. FY 15 UASI — SUBRECIPIENT Page 8 of 19 November 1, 2015 3.16 Publication Statements. SUBRECIPIENT shall ensure that all publications created or developed under this Agreement prominently contain the following statement: "This document was prepared under a grant from the Federal Emergency Management Agencies Grant Programs Directorate (FEMA/GPD) within the US Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA/GPD or the US Department of Homeland Security." 3.17 Performance Period. SUBRECIPIENT shall ensure that hard copies of all reimbursement requests and supporting documentation will be submitted to the UASI Management Team postmarked no later than January 13, 2017. Extension requests may be granted based on extenuating circumstances beyond the control of the subrecipient and must be made via the Performance Period Extension Request Form (Appendix D). Requests must contain specific and compelling justifications as to why an extension is required and must be submitted 30 days prior to the current deadline. ARTICLE 4 REPORTING REQUIREMENTS; AUDITS 4.1 Regular Reports. SUBRECIPIENT shall provide, in a prompt and timely manner, financial, operational and other reports, as requested by the UASI Management Team, in form and substance satisfactory to the UASI Management Team. Such reports, including any copies, shall be submitted on recycled paper and printed on double -sided pages, to the maximum extent possible. 4.2 Notification of Defaults or Changes in Circumstances. SUBRECIPIENT shall notify the UASI Management Team and City immediately of (a) any Event of Default or event that, with the passage of time, would constitute an Event of Default; (b) any change of circumstances that would cause any of the representations or warranties contained in Article 5 to be false or misleading at any time during the term of this Agreement; and (c) any change of circumstances or events that would cause SUBRECIPIENT to be out of compliance with the Grant Assurances in Appendix B. 4.3 Books and Records. SUBRECIPIENT shall establish and maintain accurate files and records of all aspects of the Grant Plan and the matters funded in whole or in part with Grant Funds. Without limiting the scope of the foregoing, SUBRECIPIENT shall establish and maintain accurate financial books and accounting records relating to Authorized Expenditures and to Grant Funds received and expended under this Agreement, together with all invoices, documents, payrolls, time records and other data related to the matters covered by this Agreement, whether funded in whole or in part with Grant Funds. SUBRECIPIENT shall maintain all of the files, records, books, invoices, documents, payrolls and other data required to be maintained under this Section in a readily accessible location and condition for a period of not less than three (3) years after expiration of this Agreement or until any final audit by Ca1 OES has been fully completed, whichever is later. 4.4 Inspection and Audit. SUBRECIPIENT shall make available to the UASI Management Team, and to UASI Management Team and City employees and authorized representatives, during regular business hours, all of the files, records, books, invoices, documents, payrolls and other data required to be established and maintained by SUBRECIPIENT under Section 4.3, and allow access and the right to examine those items. SUBRECIPIENT shall permit the UASI Management Team and City, and UASI Management Team and City employees and authorized representatives, to inspect, audit, examine and make excerpts and transcripts from any of the foregoing. The rights of the UASI Management Team and City pursuant to this Section shall remain in effect so long as SUBRECIPIENT has the obligation to maintain such files, records, books, invoices, documents, payrolls and other data under this Article 4. The DHS, the Comptroller General of the United States or designee, and Ca1 OES shall have the same inspection and audit rights as the City and UASI Management Team. SUBRECIPIENT shall cooperate with any federal or state audit. FY 15 UASI — SUBRECIPIENT Page 9 of 19 November 1, 2015 4.5 Audit Report. If the amount specified in Section 3.2 of this agreement is $750,000 or more, SUBRECIPIENT shall submit an organization -wide financial and compliance audit report. The audit must be performed in accordance with GAO's Government Auditing Standards, and 2 CFR Part 200 Subpart F - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. SUBRECIPIENT shall submit its audit report to the UASI Management Team no later than six months after the end of SUBRECIPIENT's fiscal year. ARTICLE 5 REPRESENTATIONS AND WARRANTIES SUBRECIPIENT represents and warrants each of the following as of the date of this Agreement and at all times throughout the term of this Agreement: 5.1 No Misstatements. No document furnished or to be furnished by SUBRECIPIENT to the UASI Management Team in connection with this Agreement, any Reimbursement Request or any other document relating to any of the foregoing, contains or will contain any untrue statement of material fact or omits or will omit a material fact necessary to make the statements contained therein not misleading, under the circumstances under which any such statement shall have been made. 5.2 Eligibility to Receive Federal Funds. By executing this Agreement, SUBRECIPIENT certifies that it is eligible to receive federal funds, and specifically certifies as follows: (a) SUBRECIPIENT is not suspended, debarred or otherwise excluded from participation in federal assistance programs, as required by Executive Order 12549 and 12689, "Debarment and Suspension" and implemented at 2 CFR Part 3000. (b) SUBRECIPIENT complies with 31 U.S.C. § 1352, Limitation on use of appropriated funds to influence federal contracting and financial transactions, as implemented at 44 CFR Part 18 and 6 CFR Part 9. (c) SUBRECIPIENT complies with the Drug -Free Workplace Act of 1988, as amended, 41 U.S.C. §701 et seq., as implemented in 2 CFR Part 3001, and will continue to provide a drug -free workplace as required under that Act and implementing regulations. (d) SUBRECIPIENT is not delinquent in the repayment of any federal debt. See OMB Circular A-129. SUBRECIPIENT acknowledges that these certifications of eligibility to receive federal funds are material terms of the Agreement. 5.3 NIMS Compliance. To be eligible to receive Grant Funds, SUBRECIPIENT must meet National Incident Management System ("NIMS") compliance requirements, and report full NIMS compliance via the National Incident Management System Capability Assessment Support Tool ("NIMSCAST"). By executing this Agreement, SUBRECIPIENT certifies that it is in full NIMS compliance, and that it has reported that compliance via the NIMSCAST. SUBRECIPIENT shall provide documentation of its NIMS compliance to the UASI Management Team. SUBRECIPIENT acknowledges that this certification is a material term of the Agreement. FY 15 UASI — SUBRECIPIENT Page 10 of 19 November 1, 2015 ARTICLE 6 INDEMNIFICATION AND GENERAL LIABILITY 6.1 Indemnification. SUBRECIPIENT shall indemnify, protect, defend and hold harmless each of the Indemnified Parties from and against any and all Losses arising from, in connection with or caused by SUBRECIPIENT's performance of this Agreement, including, but not limited to, the following: (a) a material breach of this Agreement by SUBRECIPIENT; (b) a material breach of any representation or warranty of SUBRECIPIENT contained in this Agreement; (c) any personal injury or death caused, directly or indirectly, by any act or omission of SUBRECIPIENT or its employees, subgrantees or agents; (d) any loss of or damage to property caused, directly or indirectly, by any act or omission of SUBRECIPIENT or its employees, subgrantees or agents; (e) the use, misuse or failure of any equipment or facility used by SUBRECIPIENT, or by any of its employees, subgrantees or agents, regardless of whether such equipment or facility is furnished, rented or loaned to SUBRECIPIENT by an Indemnified Party; (f) any tax, fee, assessment or other charge for which SUBRECIPIENT is responsible under Section 10.4; or (g) any infringement of patent rights, copyright, trade secret or any other proprietary right or trademark of any person or entity in consequence of the use by any Indemnified Party of any goods or services furnished by SUBRECIPIENT or its employees, subgrantees or agents to such Indemnified Party in connection with this Agreement. The foregoing indemnity shall include, without limitation, reasonable fees of attorneys, consultants and experts and related costs and San Diego's costs of investigating any claims against San Diego. 6.2 Duty to Defend: Notice of Loss. SUBRECIPIENT acknowledges and agrees that its obligation to defend the Indemnified Parties under Section 6.1: (a) is an immediate obligation, independent of its other obligations hereunder; (b) applies to any Loss which actually or potentially falls within the scope of Section 6.1, regardless of whether the allegations asserted in connection with such Loss are or may be groundless, false or fraudulent; and (c) arises at the time the Loss is tendered to SUBRECIPIENT by the Indemnified Party and continues at all times thereafter. The Indemnified Party shall give SUBRECIPIENT prompt notice of any Loss under Section 6.1 and SUBRECIPIENT shall have the right to defend, settle and compromise any such Loss; provided, however, that the Indemnified Party shall have the right to retain its own counsel at the expense of SUBRECIPIENT if representation of such Indemnified Party by the counsel retained by SUBRECIPIENT would be inappropriate due to conflicts of interest between such Indemnified Party and SUBRECIPIENT. An Indemnified Party's failure to notify SUBRECIPIENT promptly of any Loss shall not relieve SUBRECIPIENT of any liability to such Indemnified Party pursuant to Section 6.1, unless such failure materially impairs SUBRECIPIENT's ability to defend such Loss. SUBRECIPIENT shall seek the Indemnified Party's prior written consent to settle or compromise any Loss if SUBRECIPIENT contends that such Indemnified Party shares in liability with respect thereto. 6.3 Incidental and Consequential Damages. Losses covered under this Article 6 shall include any and all incidental and consequential damages resulting in whole or in part from SUBRECIPIENT's acts or omissions. Nothing in this Agreement shall constitute a waiver or limitation of any rights that any Indemnified Party may have under applicable law with respect to such damages. 6.4 LIMITATION ON LIABILITY OF SAN DIEGO. CITY'S OBLIGATIONS UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF GRANT FUNDS ACTUALLY DISBURSED HEREUNDER. NOTWITHSTANDING ANY OTHER PROVISION CONTAINED IN THIS AGREEMENT OR ANY OTHER DOCUMENT OR COMMUNICATION RELATING TO THIS AGREEMENT, IN NO EVENT SHALL CITY BE LIABLE, REGARDLESS OF WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT, FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE GRANT FUNDS, THE GRANT PLAN OR ANY ACTIVITIES PERFORMED IN CONNECTION WITH THIS AGREEMENT. FY 15 UASI — SUBRECIPIENT Page 11 of 19 November 1, 2015 ARTICLE 7 EVENTS OF DEFAULT AND REMEDIES; TERMINATION FOR CONVENIENCE 7.1 Events of Default. The occurrence of any one or more of the following events shall constitute an "Event of Default" under this Agreement: (a) False Statement. Any statement, representation, certification or warranty contained in this Agreement, in any Reimbursement Request, or in any other document submitted to the UASI Management Team or to City under this Agreement is found by the UASI Management Team or by City to be false or misleading. (b) Failure to Perform Other Covenants. SUBRECIPIENT fails to perform or breaches any provision or covenant of this Agreement to be performed or observed by SUBRECIPIENT as and when performance or observance is due and such failure or breach continues for a period of ten (10) days after the date on which such performance or observance is due. (c) Failure to Comply with Applicable Laws. SUBRECIPIENT fails to perform or breaches any of the terms or provisions of Article 12. (d) Voluntary Insolvency. SUBRECIPIENT(i) is generally not paying its debts as they become due, (ii) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction, (iii) makes an assignment for the benefit of its creditors, (iv) consents to the appointment of a custodian, receiver, trustee or other officer with similar powers of SUBRECIPIENT or of any substantial part of SUBRECIPIENT' s property or (v) takes action for the purpose of any of the foregoing. (e) Involuntary Insolvency. Without consent by SUBRECIPIENT, a court or government authority enters an order, and such order is not vacated within ten (10) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to SUBRECIPIENT or with respect to any substantial part of SUBRECIPIENT's property, (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction or (iii) ordering the dissolution, winding -up or liquidation of SUBRECIPIENT. 7.2 Remedies upon Event of Default. Upon and during the continuance of an Event of Default, City may do any of the following, individually or in combination with any other remedy: (a) Termination. City may terminate this Agreement by giving a written termination notice to SUBRECIPIENT and, on the date specified in such notice, this Agreement shall terminate and all rights of SUBRECIPIENT hereunder shall be extinguished. In the event of such termination, City will pay SUBRECIPIENT for Authorized Expenditures in any Reimbursement Request that was submitted and approved by the UASI Management Team and by City prior to the date of termination specified in such notice. (b) Withholding of Grant Funds. City may withhold all or any portion of Grant Funds not yet disbursed hereunder, regardless of whether SUBRECIPIENT has previously submitted a Reimbursement Request or whether the UASI Management Team and/or City has approved the disbursement of the Grant Funds requested in any Reimbursement Request. Any Grant Funds withheld pursuant to this Section and subsequently disbursed to SUBRECIPIENT after cure of applicable Events of Default shall be disbursed without interest. FY 15 UASI — SUBRECIPIENT Page 12 of 19 November 1, 2015 (c) Return of Grant Funds. City may demand the immediate return of any previously disbursed Grant Funds that have been claimed or expended by SUBRECIPIENT in breach of the terms of this Agreement, together with interest thereon from the date of disbursement at the maximum rate permitted under applicable law. 7.3 Termination for Convenience. (a) City shall have the option, in its sole discretion, to terminate this Agreement, at any time during the term hereof, for convenience and without cause. City shall exercise this option by giving SUBRECIPIENT written notice of termination. The notice shall specify the date on which termination shall become effective. (b) Upon receipt of the notice, SUBRECIPIENT shall commence and perform, with diligence, all actions necessary on the part of SUBRECIPIENT to effect the termination of this Agreement on the date specified by City and to minimize the liability of SUBRECIPIENT and City to third parties as a result of termination. All such actions shall be subject to the prior approval of the UASI Management Team. (c) Within 30 days after the specified termination date, SUBRECIPIENT shall submit to the UASI Management Team an invoice for all Authorized Expenses incurred through the termination date. For Authorized Expenses incurred after receipt of the notice of termination, City will only reimburse SUBRECIPIENT if the Authorized Expenses received prior approval from the UASI Management Team as specified in subparagraph (b). (d) In no event shall City be liable for costs incurred by SUBRECIPIENT or any of its contractors or subgrantees after the termination date specified by City. (e) City's payment obligation under this Section shall survive termination of this Agreement. 7.4 Remedies Nonexclusive. Each of the remedies provided for in this Agreement may be exercised individually or in combination with any other remedy available hereunder or under applicable laws, rules and regulations. The remedies contained herein are in addition to all other remedies available to City at law or in equity by statute or otherwise and the exercise of any such remedy shall not preclude or in any way be deemed to waive any other remedy. ARTICLE 8 ASSIGNMENTS 8.1 No Assignment by SUBRECIPIENT. SUBRECIPIENT shall not, either directly or indirectly, assign, transfer, hypothecate, subcontract or delegate all or any portion of this Agreement or any rights, duties or obligations of SUBRECIPIENT hereunder without the prior written consent of the UASI Management Team; provided, however, that any contractor or subgrantee specifically referenced in Appendix A shall not require the consent of Management Team. This Agreement shall not, nor shall any interest herein, be assignable as to the interest of SUBRECIPIENT involuntarily or by operation of law without the prior written consent of City. A change of ownership or control of SUBRECIPIENT or a sale or transfer of substantially all of the assets of SUBRECIPIENT shall be deemed an assignment for purposes of this Agreement. 8.2 Agreement Made in Violation of this Article. Any agreement made in violation of Section 8.1 shall confer no rights on any person or entity and shall automatically be null and void. FY 15 UASI — SUBRECIPIENT Page 13 of 19 November 1, 2015 8.3 SUBRECIPIENT Retains Responsibility. SUBRECIPIENT shall in all events remain liable for the performance by any subgrantee contractor, or assignee of all of the covenants, terms and conditions in this Agreement. ARTICLE 9 NOTICES AND OTHER COMMUNICATIONS 9.1 Requirements. Unless otherwise specifically provided herein, all notices, consents, directions, approvals, instructions, requests and other communications hereunder shall be in writing, shall be addressed to the person and address set forth below and shall be (a) deposited in the U.S. mail, first class, certified with return receipt requested and with appropriate postage, (b) hand delivered or (c) sent via facsimile (if a facsimile number is provided below): If to City of San Diego Office of Homeland Security UASI Management Team: San Diego Office of Homeland Security 1010 Second Ave, Suite 1500 San Diego, CA 92101 Attn: Katherine Jackson, Program Manager Facsimile No.: (619) 533-6786 If to SUBRECIPIENT: City of National City 343 E. 16th Street National City, CA 91950 Attn: Walter Amedee Facsimile No.: (619) 336-4328 9.2 Effective Date. All communications sent in accordance with Section 9.1 shall become effective on the date of receipt. Such date of receipt shall be determined by: (a) if mailed, the return receipt, completed by the U.S. postal service; (b) if sent via hand delivery, a receipt executed by a duly authorized agent of the party to whom the notice was sent; or (c) if sent via facsimile, the date of telephonic confirmation of receipt by a duly authorized agent of the party to whom the notice was sent or, if such confirmation is not reasonably practicable, the date indicated in the facsimile machine transmission report of the party giving such notice. 9.3 Change of Address. From time to time any party hereto may designate a new address or recipient for notice for purposes of this Article 9 by written notice to the other party and the UASI Management Team. ARTICLE 10 MISCELLANEOUS 10.1 No Waiver. No waiver by San Diego of any default or breach of this Agreement shall be implied from any failure by the UASI Management Team or San Diego to take action on account of such default if such default persists or is repeated. No express waiver by San Diego shall affect any default other than the default specified in the waiver and shall be operative only for the time and to the extent therein stated. Waivers by San Diego of any covenant, term or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by the FY 15 UASI — SUBRECIPIENT Page 14 of 19 November 1, 2015 UASI Management Team of any action requiring further consent or approval shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent similar act. 10.2 Modification. This Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved in the same manner as this Agreement; provided, however, that the General Manager or designee may establish alternate procedures for modification of the Grant Plan. 10.3 Governing Law: Venue. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, without regard to its conflict of laws principles. Venue for all litigation relative to the formation, interpretation and performance of this Agreement shall be in San Diego. 10.4 SUBRECIPIENT to Pay All Taxes. SUBRECIPIENT shall pay to the appropriate governmental authority, as and when due, any and all taxes, fees, assessments or other governmental charges, including possessory interest taxes and California sales and use taxes, levied upon or in connection with this Agreement, the Grant Plan, the Grant Funds or any of the activities contemplated by this Agreement. 10.5 Headings. All article and section headings and captions contained in this Agreement are for reference only and shall not be considered in construing this Agreement. 10.6 Entire Agreement. This Agreement sets forth the entire Agreement between the parties, and supersedes all other oral or written provisions. The following Appendices are attached to and a part of this Agreement: • Appendix A, SUBRECIPIENT Award Letter • Appendix B, Grant Assurances • Appendix C, Form of Reimbursement Request • Appendix D, Performance Period Extension Request 10.7 Certified Resolution of Signatory Authority. Upon request of San Diego, SUBRECIPIENT shall deliver to San Diego a copy of the corporate resolution(s) authorizing the execution, delivery and performance of this Agreement, certified as true, accurate and complete by the appropriate authorized representative of SUBRECIPIENT. 10.8 Severahility. Should the application of any provision of this Agreement to any particular facts or circumstances be found by a court of competent jurisdiction to be invalid or unenforceable, then (a) the validity of other provisions of this Agreement shall not be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed without further action by the parties to the extent necessary to make such provision valid and enforceable. 10.9 Successors: No Third -Party Beneficiaries. Subject to the terms of Article 8, the terms of this Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their successors and assigns. Nothing in this Agreement, whether express or implied, shall be construed to give any person or entity (other than the parties hereto and their respective successors and assigns and, in the case of Article 6, the Indemnified Parties) any legal or equitable right, remedy or claim under or in respect of this Agreement or any covenants, conditions or provisions contained herein. FY 15 UASI — SUBRECIPIENT Page 15 of 19 November 1, 2015 10.10 ,Survival of Terms. The obligations of SUBRECIPIENT and the terms of the following provisions of this Agreement shall survive and continue following expiration or termination of this Agreement: Sections 4.3 and 4.4, Article 6, this Article 10, and the Grant Assurances of Appendix B. 10.11 Further Assurances. From and after the date of this Agreement, SUBRECIPIENT agrees to do such things, perform such acts, and make, execute, acknowledge and deliver such documents as may be reasonably necessary or proper and usual to complete the transactions contemplated by this Agreement and to carry out the purpose of this Agreement in accordance with this Agreement. 10.12 Disclosure of Subawards and Executive Compensation. Pursuant to the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282) as amended by Section 6202(a) of the Government Funding Transparency Act of 2008 (P.L. 110-252), full disclosure to the public of entities or organizations receiving federal funds is now required. As defined by the Office of Management and Budget (OMB), all new Federal awards of $25,000 or more as of October 1, 2010, are subject to FFATA reporting requirements. The Transparency Act definition of "Federal awards" includes not only prime awards for grantees, cooperators, and contractors, but also awards to sub -recipients. If applicable, SUBRECIPIENT must provide the following information on SUBRECIPIENT letterhead within 30 days of receipt of this Agreement. 1. Subawards greater than $25,000: a) Name of entity receiving award; b) Amount of award; c) Funding agency; d) The Catalog of Federal Domestic Assistance program number; e) Award title (descriptive of the purpose of the funding action); f) Location of the entity and primary location of performance including city, state, and Congressional district; g) Dun & Bradstreet (D&B) DUNS Number of the entity, and its parent if applicable; and, h) Total compensation and names of top five executives (same thresholds as for prime recipients). 2. The Total compensation and names of the top five executives if: a) 80% or more of annual gross revenues are from Federal awards (contracts, sub -contracts and Federal financial assistance), and $25,000,000 or more in annual gross revenues from Federal awards; and, b) Compensation information is not already available through reporting to the Securities and Exchange Commission. 10.13 Cooperation with UASI Programs and Activities. (a) Subject to reasonable terms and conditions, SUBRECIPIENT agrees to participate in UASI-sponsored exercises, and to make available equipment acquired with Grant Funds for use as part of such exercises. (b) To the extent permitted by law, SUBRECIPIENT agrees to share with the Approval Authority informational work products (such as plans, reports, data, etc.) created or acquired using Grant Funds. FY 15 UASI — SUBRECIPIENT Page 16 of 19 November 1, 2015 ARTICLE 11 INSURANCE 11.1 Types and Amounts of Coverage. Without limiting SUBRECIPIENT's liability pursuant to Article 6 of this Agreement, SUBRECIPIENT shall maintain in force, during the full term of the Agreement, insurance in the following amounts and coverages: (a) Workers' Compensation, in statutory amounts, with Employers' Liability Limits not less than $1,000,000 each accident, injury, or illness; and (b) Commercial General Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Products and Completed Operations; and (c) Commercial Automobile Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Owned, Non - Owned and Hired auto coverage, as applicable. 11.2 Additional Requirements for General and Automobile Coverage. Commercial General Liability and Commercial Automobile Liability Insurance policies must be endorsed to provide: (a) Name as Additional Insured the City and County of San Diego, its Officers, Agents, and Employees. (b) That such policies are primary insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of this Agreement, and that insurance applies separately to each insured against whom claim is made or suit is brought. 11.3 Additional Requirements Regarding Workers' Compensation. Regarding Workers' Compensation, SUBRECIPIENT hereby agrees to waive subrogation which any insurer of SUBRECIPIENT may acquire from SUBRECIPIENT by virtue of the payment of any loss. SUBRECIPIENT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the SUBRECIPIENT, its employees, agents and subcontractors. 11.4 Additional Requirements for All Policies. All policies shall provide thirty days' advance written notice to the City of reduction or nonrenewal of coverages or cancellation of coverages for any reason. Notices shall be sent to the City address in Article 9, Notices and Other Communications. 11.5 Required Post -Expiration Coverage. Should any of the required insurance be provided under a claims -made form, SUBRECIPIENT shall maintain such coverage continuously throughout the term of this Agreement and, without lapse, for a period of three years beyond the expiration of this Agreement, to the effect that, should occurrences during the Agreement term give rise to claims made after expiration of the Agreement, such claims shall be covered by such claims -made policies. 11.6 General Annual Aggregate Limit/Inclusion of Claims Investigation or Legal Defense Costs. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limits specified above. FY 15 UASI — SUBRECIPIENT Page 17 of 19 November 1, 2015 11.7 Lapse in Insurance. Should any required insurance lapse during the term of this Agreement, requests for reimbursement originating after such lapse may not be processed, in the City's sole discretion, until the City receives satisfactory evidence of reinstated coverage as required by this Agreement, effective as of the lapse date. If insurance is not reinstated, the City may, at its sole option, terminate this Agreement effective on the date of such lapse of insurance. 11.8 Evidence of Insurance. Before commencing any operations or expending any Grant Funds under this Agreement, SUBRECIPIENT shall furnish to City certificates of insurance and additional insured policy endorsements with insurers with ratings comparable to A-, VIII or higher, that are authorized to do business in the State of California, and that are satisfactory to City, in form evidencing all coverages set forth above. Failure to maintain insurance shall constitute a material breach of this Agreement. 11.9 Effect of Approval. Approval of the insurance by City shall not relieve or decrease the liability of SUBRECIPIENT hereunder. 11.10 Insurance for Subcontractors and Evidence of this Insurance. If a subcontractor or subgrantee will be used to complete any portion of this Agreement, SUBRECIPIENT shall ensure that the subcontractor or subgrantee shall provide all necessary insurance and shall name the City and County of San Diego, its officers, agents and employees and the SUBRECIPIENT as additional insureds. 11.11 Authority to Self -Insure. Nothing in this Agreement shall preclude SUBRECIPIENT from self - insuring all or part of the insurance requirement in this Article. However, SUBRECIPIENT shall provide proof of self-insurance, in a form acceptable to San Diego, in the amounts of each line of self-insurance. ARTICLE 12 COMPLIANCE 12.1 Nondiscrimination. In the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee, San Diego employee working with SUBRECIPIENT or any subgrantee of SUBRECIPIENT, applicant for employment with SUBRECIPIENT or subgrantee of SUBRECIPIENT, or against any person seeking accommodations, advantages, facilities, privileges, services, or membership in all business, social, or other establishments or organizations, on the basis of the fact or perception of a person's race, color, creed, religion, national origin, ancestry, age, height, weight, sex, sexual orientation, gender identity, domestic partner status, marital status, disability or Acquired Immune Deficiency Syndrome or HIV status (AIDS/HIV status), or association with members of such protected classes, or in retaliation for opposition to discrimination against such classes. 12.2 Conflict of Interest. Through its execution of this Agreement, SUBRECIPIENT acknowledges that it is familiar with the provisions of Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of California, and certifies that it does not know of any facts which constitutes a violation of said provisions and agrees that it will immediately notify City if it becomes aware of any such fact during the term of this Agreement. SUBRECIPIENT agrees that it will promptly notify City in writing of all violations of State or Federal criminal law involving fraud, bribery, or gratuities affecting or involving the use of Grant Funds. 12.3 Compliance with ADA. SUBRECIPIENT acknowledges that, pursuant to the ADA, programs, services and other activities provided by a public entity to the public, whether directly or through a grantee or contractor, must be accessible to the disabled public. SUBRECIPIENT shall not discriminate against any person protected under the ADA in connection with all or any portion of the Grant Plan and shall comply at all times with the provisions of the ADA. FY 15 UASI — SUBRECIPIENT Page 18 of 19 November 1, 2015 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first specified herein. CITY OF SAN DIEGO: CITY OF NATIONAL CITY: By: By: JOHN VALENCIA EXECUTIVE DIRECTOR OFFICE OF HOMELAND SECURITY Approved as to Form: Jan I. Goldsmith City Attorney RON MORRISON MAYOR Federal Tax ID #: 95-6000749 Approved as to Form: By: By: Deputy City Attorney Claudia Gacitua Silva City Attorney FY 15 UASI — SUBRECIPIENT Page 19 of 19 November 1, 2015 Appendix A— SUBRECIPIENT Award Letter THE CITY OF SAN DIEGO uecemaer LL, zu I a i< DIVEQSIIY Ron Morrison Mayor National City 1243 National City Blvd National City. CA 91950 SUBJECT: NOTIFICATION OF SUBRECIPIENT AWARD APPROVAL FY 2015 Homeland Security Grant Program Grant# 2015-00078 Cal OES ID# 073-66000 Sub -recipient Performance Period: September I.2015, to December 31. 2017 Sub -recipient: The San Diego Office of Homeland Security (SD OHS) approved your FYI 5 Urban Area Security Initiative (UASI) award. Activities: Amount Completion Date All Projects $2,000 December 31, 2016 Project A $2,000 December 31, 2016 Project B $ December 31, 2016 Project C $ December 31, 2016 Project D $ December 31. 2016 Project E $ December 31, 2016 Once your completed MOU and Grant Assurances are signed and received in our office, you may request reimbursement of eligible grant expenditures. During the application process, the Regional Technology Partnership (RTP) vetted and the Urban Area Working Group (UAWG) approved your project (s). Throughout the grant cycle. SD OHS will use performance milestones set in the HSGP application as indicators of performance and this information may be used in assessing future competitive grant applications. All activities funded with this award must he completed within the sub -recipient performance period. You are required to comply with all applicable federal, state, and local environmental and historic preservation (EHP) requirements. Additionally, Aviation/Watercraft requests, projects requiring EHP review, and sole source procurement requests require additional approvals from California Governor's Office of Emergency Services (Cal OES). Sub -recipients must obtain written approval for these activities prior to incurring any costs, in order to be reimbursed for any related costs under this grant. Sub -recipients are also required to obtain a performance bond prior to the purchase of any OFFICE OF HOMELAND SECURITY 1010 SECOND AVENUE, SURE 1500, SAN DEGO, CALIFORNIA92101 PHONE:(619)533.6760 •FAX:(619)533.6786 FY 15 UASI — SUBRECIPIENT A-1 November 1, 2015 National City December 22, 2015 Page 2 equipment item over $250,000, including any aviation or watercraft financed with homeland security dollars. Performance bonds must be submitted to your UASI Program Representative no later than the time of reimbursement. Following acceptance of this award, you must sign and return the SD OHS Memorandum of Understanding (MO11) as well as the Cal OES grant assurances. Your agency must coordinate with SD OHST prepare and submit quarterly projections via email so that SD 01-1S can comply with the semi-annual BSIR reporting for the duration of the grant period or until you complete all activities and the grant is formally closed. You must also submit a copy of the Cal OES performance reports to your UASI Program Representative monthly or as directed. Failure to submit required reports could result in grant reduction, suspension, or termination. This grant is subject to all provisions of 2 CFR Part 200. Any funds received in excess of current needs, approved amounts, or those found owed as a result of a final review or audit, must be refunded to SD OHS within 30 days upon receipt of an invoice from SD OHS. Your dated signature is required on this letter. Please sign and return the original to your UASI Program Representative at 1010 2"d Ave Ste. 1500, San Diego, CA 92101 within 20 days of receipt and keep a copy for your files. For further assistance, please feel free to contact your SD OILS UASI Program Representative at (619) 533-6760. Sins: rely, Katherine Jackson Program Manager City of San Diego Office of Homeland Security FY 15 UASI — SUBRECIPIENT A-2 November 1, 2015 Appendix B-- Grant Assurances Name of Jurisdiction: City of National City Name of Authorized Agent: City: National City State: California Walter Amedee Address: 343 E. 16' Street Zip Code: 91950 Telephone Number: (619) 336-4556 Fax Number: (619) 336-4328 E-Mail Address: wamedeenationalcityca.gov As the duly authorized representative of APPLICANT, I hereby certify that APPLICANT has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non -Federal share of project cost) to ensure proper planning, management and completion of the project described in this application, within prescribed timelines. I further acknowledge that APPLICANT is responsible for reviewing and adhering to all requirements within the: (a) Applicable Federal Regulations (see below); (b) Federal Program Notice of Funding Opportunity (NOFO); (c) California Supplement to the NOFO; and (d) Federal and State Grant Program Guidelines. Federal Regulations Government cost principles, uniform administrative requirements and audit requirements for federal grant programs are housed in Title 2, Part 200 of the Code of Federal Regulations (CFR) and in updates issued by the Office of Management and Budget (OMB) on http://www.whitehouse.gov/omb/. Significant state and federal grant award requirements (some of which appear in the documents listed above) are called out below. APPLICANT hereby agrees to comply with the following: 1. Proof of Authority APPLICANT will obtain written authorization from the city council, governing board or authorized body in support of this project. This written authorization must specify that APPLICANT and the city council, governing board or authorized body agree: (a) To provide all matching funds required for said project and that any cash match will be appropriated as required. (b) That any liability arising out of the performance of this agreement shall be the responsibility of APPLICANT and the city council, governing board or authorized body. (c) That grant funds shall not be used to supplant expenditures controlled by the city council, governing board or authorized body. (d) That the official executing this agreement is, in fact, authorized to do so. FY 15 UASI — SUBRECIPIENT B-1 November 1, 2015 Initials: This Proof of Authority must be maintained on file and readily available upon demand. 2. Period of Performance APPLICANT will initiate work after approval of the award and complete all work within the period of performance specified in the grant. 3. Lobbying and Political Activities As required by Section 1352, Title 31 of the U.S. Code (U.S.C.), for persons entering into a contract, grant, loan or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, APPLICANT certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. APPLICANT will also comply with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and §§7324- 7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Finally, APPLICANT agrees that Federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the Federal awarding agency. 4. Debarment and Suspension As required by Executive Orders (EO) 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 180, Debarment and Suspension, APPLICANT will provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. APPLICANT certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal FY 15 UASI — SUBRECIPIENT B-2 November 1, 2015 Initials: department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (Federal, State, or local) terminated for cause or default. Where APPLICANT is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 5. Non -Discrimination and Equal Employment Opportunity APPLICANT will comply with all Federal statutes relating to non-discrimination. These include, but are not limited to, the following: (a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. §2000d et. seq.) which prohibits discrimination on the basis of race, color or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to ADA (42 U.S.C. 12101, et seq.); (e) Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (f) Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended (P.L. 96-181), relating to nondiscrimination on the basis of Treatment or recovery from drug abuse; (g) Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (j) EO 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, FY 15 UASI — SUBRECIPIENT B-3 November 1, 2015 Initials: color, religion, sex, or national origin; (k) EO 11375, which bans discrimination on the basis of sex in hiring and employment in both the United States federal workforce and on the part of government contractors; (I) California Public Contract Code §10295.3, which addresses discrimination based on domestic partnerships; (m)Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (n) The requirements of any other nondiscrimination statute(s) which may apply to the application. In addition to the items listed in (a) through (n), APPLICANT will comply with California's Fair Employment and Housing Act (FEHA). FEHA prohibits harassment and discrimination in employment because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave (California Government Code sections 12940, 12945, 12945.2) and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions. 6. Drug -Free Workplace As required by the Drug -Free Workplace Act of 1988 (41 U.S.C. §701 et seq.), APPLICANT certifies that it will or will continue to provide a drug -free workplace and a drug -free awareness program as outlined in the Act. 7. Environmental Standards APPLICANT will comply with State and Federal environmental standards which may be prescribed pursuant to the following, as applicable: (a) California Environmental Quality Act (CEQA) (California Public Resources Code §§21000- 21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§15000- 15387); (c) Federal Clean Water Act (CWA) (33 U.S.C. §1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. (d) Institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Orders (EO) on the Environmental Justice Act (EO 12898) and Environmental Quality (EO 11514); (e) Notification of Environmental Protection Agency (EPA) violating facilities pursuant to EO 11738; (f) Protection of wetlands pursuant to EO 11990; (g) Evaluation of flood hazards in floodplains in accordance with EO 11988; (h) Assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §1451 et seq.); FY 15 UASI — SUBRECIPIENT B-4 November 1, 2015 Initials: (i) Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §7401 et seq.); (j) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); (k) Protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205); (I) Wild and Scenic Rivers Act of 1968 (16 U.S.C. §1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. Finally, APPLICANT shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to §13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) finally determined to be in violation of federal law relating to air or water pollution. 8. Audits For subrecipients expending $750,000 or more in Federal grant funds annually, APPLICANT will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements. 9. Access to Records In accordance with 2 CFR §200.336, APPLICANT will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. APPLICANT will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision. 10. Conflict of Interest APPLICANT will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 11. Financial Management False Claims for Payment APPLICANT will comply with 31 U.S.0 §3729 which sets forth that no subgrantee, recipient or subrecipient shall submit a false claim for payment, reimbursement or advance. 12. Reporting - Accountability APPLICANT agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (2 CFR Chapter 1, Part 170), specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first -tier subawards. This includes the provisions of FFATA, which includes requirements on executive compensation, and also requirements implementing the Act for the non -Federal entity at 2 CFR part 25 Financial FY 15 UASI — SUBRECIPIENT B-5 November 1, 2015 Initials: Assistance Use of Universal Identifier and Central Contractor Registration and 2 CFR part 170 Reporting Subaward and Executive Compensation Information. APPLICANT also must comply with statutory requirements for whistleblower protections at 10 U.S.C. §2409, 41 U.S.C. §4712, and 10 U.S.C. §2324, 41 U.S.C. §4304 and §4310 and 31 U.S.C.§6101 et seq. 13. Human Trafficking APPLICANT will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. §7104) which prohibits grant award recipients or a subrecipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. 14. Labor Standards APPLICANT will comply with the following federal labor standards: (a) Comply with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. §3145 and 18 U.S.C. §874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333), regarding labor standards for federally -assisted construction contracts or subcontracts. (b) Comply with the Federal Fair Labor Standards Act (29 U.S.C. §201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations. 15. Worker's Compensation APPLICANT must comply with provisions which require every employer to be insured against liability for Worker's Compensation before commencing performance of the work of this Agreement, as per California Labor Code §3700. 16. Property -Related If applicable to the type of project funded by this Federal award, APPLICANT will: (a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchase. (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. (c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the FY 15 UASI — SUBRECIPIENT B-6 November 1, 2015 Initials: Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.). (d) Comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §4831 and 24 CFR Part 35) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 17. Certifications Applicable Only to Federally -Funded Construction Projects For all construction projects, APPLICANT will: (a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications. (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 18. Freedom of Information Act APPLICANT acknowledges that all information submitted in the course of applying for funding under this program or provided in the course of an entity's grant management activities which is under Federal control is subject to the Freedom of Information Act (FOIA), 5 U.S.C. §552. APPLICANT should also consult its own State and local laws and regulations regarding the release of information, which should be considered when reporting sensitive matters in the grant application, needs assessment and strategic planning process. 19. California Public Records Act APPLICANT acknowledges that all information submitted in the course of applying for funding under this program or provided in the course of an entity's grant management activities may be subject to the California Public Records Act (California Government Code §§6250-6276.48), which requires inspection and/or disclosure of governmental records to the public upon request, unless exempted by law. HOMELAND SECURITY GRANT PROGRAM - PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS 20. Personally Identifiable Information Subrecipients collecting Personally Identifiable Information (PII) must have a publically- available policy that describes what PII they collect, how they plan to use the PII, whether they share PII with third parties, and how individuals may have their PII corrected where appropriate. FY 15 UASI — SUBRECIPIENT B-7 November 1, 2015 Initials: 21. Disposition of Equipment When original or replacement equipment acquired under this award is no longer needed for the original project or program or for other activities currently or previously supported by the Department of Homeland Security/Federal Emergency Management Agency, subrecipients must request instructions from Cal OES on proper disposition of equipment. 22. Reporting Accusations and Findings of Discrimination If, during the past three years, the subrecipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the subrecipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to Cal OES for reporting to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. If any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion or familial status against the subrecipient, or the subrecipient settles a case or matter alleging such discrimination, subrecipients must forward a copy of the complaint and findings to Cal OES for forwarding to the DHS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. 23. Acknowledgement of Federal Funding from DHS and Use of DHS Seal, Logo and Flags All subrecipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. All subrecipients must obtain DHS's approval prior to using DHS seal(s), Logos, crests or reproductions of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. 24. Copyright All subrecipients must affix the applicable copyright notices of 17 U.S.C. §§401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards, unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). 25. Energy Policy and Conservation Act All subrecipients must comply with the requirements of 42 U.S.C. §6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issues in compliance with this Act. 26. Hotel and Motel Fire Safety Act of 1990 All subrecipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with Section 6 of the fire FY 15 UASI — SUBRECIPIENT B-8 November 1, 2015 Initials: prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. §2225a. 27. Terrorist Financing E.O. 13224 All subrecipients must comply with U.S. Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of subrecipients to ensure compliance with the E.O. and laws. 28. USA Patriot Act of 2001 All subrecipients must comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA Patriot Act), which amends 18 U.S.C. §§175-175c. IMPORTANT The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. APPLICANT recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on APPLICANT, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. All appropriate documentation, as outlined above, must be maintained on file by APPLICANT and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. All of the language contained within this document must be included in the award documents for all subawards at all tiers, including contracts under grants and cooperative agreements and subcontracts. The undersigned represents that he/she is authorized by APPLICANT to enter into this agreement for and on behalf of APPLICANT. Signature of Authorized Agent: Printed Name of Authorized Agent: Ron Morrison Title: Mayor Date: March 15, 2016 FY 15 UASI — SUBRECIPIENT B-9 November 1, 2015 Initials: Appendix C -- Form of Reimbursement Request REIMBURSEMENT REQUEST Governor's Office of Homeland Security FY15 Urban Area Security Grant Grant: FY15 UASI Grant #2015-00078 FIPS #073-66000 CFDA #97 067 Supporting Information for Cash Request Cash Request Requesting reimbursement in the amount of : DUNS # Under Penalty of Perjury I certifiy that- • The total amount of funds requested pursuant to this Reimbursement Request will be used to reimburse SUBRECIPIENT for Authonzed Expenditures. which expenditures are set forth on the attached Cover Sheet, to which are attached true and correct copies of all required documentation of such expenditures • After giving effect to the disbursement requested pursuant to this Reimbursement Request. the Funds disbursed as of the date of this disbursement will not exceed the maximum amount set forth in Appendix A of this agreement for specific projects and programs • The representations, warranties and certifications made in the Agreement are true and correct in all material respects as if made on the date hereof. and SUBRECIPIENT is in compliance with all Grant Assurances in Appendix B of the Agreement Furthermore, by signing this report, SUBRECIPIENT certifies to the best of their knowledge and belief that the report is true. complete and accurate and expenditures, disbursements, and cash receipts are for the purpose and objectives set forth in the terms and conditions of the federal award. SUBRECIPIENT is aware that any false, fictitious or fraudulent information or the omission of any matenal fact, may subject SUBRECIPIENT to cnminal crvil or administrative penalties for fraud, false statements, false claims or otherwise • No Event of Default has occurred and is continuing. • The undersigned is an officer of SUBRECIPIENT authonzed to execute this Reimbursement Request on behalf of SUBRECIPIENT. • This claim is fin- costs incurred within the grant performance period Panted Name: Phone Number Title Email Address Mailing Address: Fax Number Remittance Address (Address check will be mailed to) Signature Mali Reimbursement Requests to City of San Diego Office of Homeland Secunty Grants Management Section 1010 Second Ave, Ste 1500 San Diego, CA 92101 FY 15 UASI — SUBRECIPIENT Date C-1 November 1, 2015 Appendix C -- Form of Reimbursement Request REIMBURSEMENT REQUEST Cover Sheet Office of Homeland Security FY 15 Urban Area Security Initiative Grant Program Award # 201 5-00078 CaIEMA ID #073-66000 CFDA #97.067 Reimbursement Request # Mail Reimbursement .Request to: DATE: City of San Diego AGENCY: Office of Homeland Security ATTN: Grants Management Section DUNS Number- 1010 Second Ave, Ste 1500 San Diego, CA 92101 Expenditure Period: Maximum Amount of Funds Specified in Subrecipent Award Letter: Type of Expenditure Reimbursements Requested this Request Total Reimbursements Requested to Date (incl. this request) Equipment Training Planning Organization Exercise Total $ - $ For questions regarding this reimbusement request contact Name Phone Email Remittance Address (Address check will be mailed to) FY 15 UASI - SUBRECIPIENT C-2 November 1, 2015 Appendix C -- Form of Reimbursement Request REIMBURSEMENT REQUEST City of San Diego Reimbursement Processing Checklist Equipment Reimbursements FY Grant Jurisdiction Reimbursement Amount Reimbursement Request Foam signed by Authorized agent or Other Designated Authorized Signer 0 Workbook etified that items are m approved workbook (if it is not listed in the workbook it is not reimbursable) Entered invoice information on appropnate line(s) and hrghhghted 0 Required Pre -Approvals Attached (EHP. Aviation. Sole Source. etc.) ElProcurement Documentation Agency procurement policy (Federal v. local requirements. the most sningeut applies) Quotes . umber of quotes received RFP Advertisement. Medium Used RFP Cover Page Cover Sheets showing the submitting bidders in response to RFP Award Letter So a Source (Copy of Agency Approval _ and Ca1EVMA Approval 1122 Program Copy of signed order form submitted to 1122 program Performance Bond if equipment is a vehicle_ aircraft or watercraft or any equipment 5250.000 or more OInvoices Invoices certified as originals Vendor Debarment List Checked/Print out OProof of Payment 0 DUNS Number 0 Confirm each page within reimbursement request has graut identification stamp FY 15 UASI — SUBRECIPIENT C-3 November 1, 2015 Appendix C -- Form of Reimbursement Request REIMBURSEMENT REQUEST City of San Diego Reimbursement Processing Checklist Equipment Reimbursements F1" Grant Jurisdiction Reimbursement Amount Reimbursement Request Form signed by Authorized Agent or Other Designated Authorized Signer \ orkbook E\nfied that items are in approved workbook (if it is not listed in the workbook it is not reimbursable; Entered invoice infomration on appropriate line(s) and highlighted Required Pre -Approvals Attached (EHP. Aviation. Sole Source. etc.) Procurement Doc umentation Agency procurement pohcy (Feder al v . local t equireuii•uts. the most sti uncut applies i Quotes INtmiber of quotes received 1.= Advertisement. Medium Used RFP Cover Page Cover Sheets showing the submitting bidders in response to RFP Award Letter So e Source (Copy of Agency Approval _ and CaIEMA Approval 1122 Program 'Copy of signed order form submitted to 1122 program LPerfoimance Bond it -equipment is a vehicle_ aircraft or watercraft or any equipment S250.000 or more Invoices Invoices certified as oneukals Vendor Debarment List Checked'Prmt out Proof of Payment DINS Number Confirm each page within reimbursement request has !rant identification stamp FY 15 UASI — SUBRECIPIENT C-4 November 1, 2015 Appendix C -- Form of Reimbursement Request FI- REIMBURSEMENT REQUEST City of San Diego Reimbursement Processing C'liecklist Training Reimbursements Grant Jurisdiction Reimbursement Amount ❑ Reimbursement Request Form signed by Authorized Agent or Other Designated Authorized Signer Training Detail R'orksheet El Invoices ❑Vendor Debarment List Checked:'Prrnt otr aProcurement Documentation Agency procurement pohc}•rrederal r. local requirement:. the most stringent applied Quotes . umber of quotes received ❑ Advertisement. Medium Used RFP Coves Page Cover Sheets showing the submitting bidden in response to RFP Award Letter L_Sole Source (Copy of Agency Approval _ and Ca1EMA Approval Proof of C ourse Total C ost (if requesting reimbursement) Course Roster or Proof of Attendance (certificate) Proof of Travel Costs (if requesting reimbursement) You most use the most restrictis e t ntes between s our agency and Federal Per Diem Contractor:Consukant Summary (Email Electronk Version to OHS) Personnel Summary of overtime costs ❑ Pavroll documentation Full Time Card for Each Employee Proof of Hourly Rate Fusanccial System Report Showing Expens+ Proof of Payment Agency employee working as contractor must sboµtme_Q$proof Confirm each page within the reimbursement request has a stamp Emailed Electronic Version of Employee Summary to OHS El DUNS Number FY 15 UASI — SUBRECIPIENT C-5 November 1, 2015 Appendix C -- Form of Reimbursement Request REIMBURSEMENT REQUEST City of San Diego Reimbursement Processing Checklist Exercise Reimbursements Fly Grant Jurisdiction Reimbursement Amount ❑ Reimbursement Request Form signed by authorized Agent or Other Designated Authorized Signet ❑ Exercise Detail Wo ksheet ❑Verified that total in each column matches documentation total provided ❑ Invoices Procurement Documentation Agencv procurement policy tFederal v. local tequuements. the most ittmein apphe' i Quotes 'Number of quotes received RFP Advemsement. Medium Used RFP Cover Page Cover Sheets showing the submitting bidders in response to RFP Award Letter CSole Source (Copy of Agency Approval and CalE►s A Approval J ❑ Proof of Non -Personnel Exercise Total (if requesting reimbursement) ❑ Exercise Roster or Proof of Attendance Proof of Travel Costs (if requesnng reimbursement) You must use the most restncttve rates between sour agency and Federal Per Diem C ontractor Consultant Summary (Email Electronic Version to OHS) ❑ Personnel Summary of overtire costs Elo Pasrof documentation Full Tune Card for Each Employee Proof of Hourly Rate Financial System Report Showing Expense Proof of Payment i onfh m each page within the reimbursement request has a stamp and is filled out ❑ DUNSNumbet FY 15 UASI — SUBRECIPIENT C-6 November 1, 2015 Appendix C -- Form of Reimbursement Request FY REIMBURSEMENT REQUEST City of San Diego Reimbursement Processing Checklist ❑ Planning ❑ Organization Grant Jutisdiction Reimbursement Amount Reimbursement Request Form signed by Authorized Agent or Other Designated Authorized Signer ❑ Description of Tangible Product (Deliverable) (for Planning only) ) ❑ Workbook Verified that items are in approved workbook (if it is not listed in the workbook it is not reimbursable) Entered actual total amount spent in actual column of workbook and highlighted ❑ Task List Invoices Invoices certified as originals Vendor Debarment List Checked/Print out Procurement Documentation FAgency procurement policy(Federal v. local requirements. the most stringent applies) Quotes f Number of quotes received RFP L Advertisement, Medium Used RFP Cover Page COver Sheets showing the subnuttnlg bidders m response to RFP Award Letter Sole Source (Copy of Agency Approval and Ca1EMA Approval Proof of Travel Costs (if requesting reimbursement) You must use the most restrictive testes between v our asency and Federal Per Diem Contractor Consultant Summary- (Email Electronic Version to OHS) Personnel Summary of overtime costs Payroll documentation ull Time Card for Each Employee or contractor Proof of Hourly Rate mancial System Report Showing Expense Proof of Payment C oufirm each page within the reimbursement request has a stamp and is filled out ❑ DUNS Number FY 15 UASI — SUBRECIPIENT C-7 November 1, 2015 Coye Cyr: unsdiction Appendix C -- Form of Reimbursement Request REIMBURSEMENT REQUEST Office of Homeland Security FY15 Urban Area Security Initiative Grant Program Training/Exercise Costs Detail Worksheet Ccurse De 1.e ; Overtime & Backfill Tra.e TOTAL S - S S S $ _ S TOTAL $ - $ - $ - $ TOTAL Expenditure Period Date Attendee Breakdown by Discipline EA1A EMS FS GE HZ LE PH PSO - , Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 NOTE: O.T. fringe benefits are limited to FICA, Worker's Compensation and Unemployment Compensation. Each jurisdiction must ensure that reimbursement requests do not include any other O.T. fringe benefit expenditures. Other fringe benefit costs must be absorbed by the jurisdiction. OHS Grant: FY15 UASI Grant: #2015-00078 CaIOES #073-66000 Jurisdiction: ---- Amount $------ Doc Ref: Relmb Rqt #-- Training or Exercise? FY 15 UASI — SUBRECIPIENT C-8 November 1, 2015 Appendix C -- Form of Reimbursement Request REIMBURSEMENT REQUEST PERSONNEL City of San Diego 2015-D6078 073-66000 SUBMIT TO OHS EL ECTRONICAL L Y AS WELL AS IN YOUR REIMBURSEMENT PACKET CFDA #: LEDGER TYPE: Today's Date 97.067 Cash Request E endrture Period: (Date) Flom: Cash Request (Date) Project Letter Employee Name (last name first) Raclfilling For Praject/Deiurable Funding Source DLstidiine Sdution Area caution Area Sub -Category Dates of Payrdl Period Hourty Rate Crywtarhe Rate Total salary & Breeds charged for this Reporting Period Total ProjeCt Hours CaSh Request # Total Cost Charged to Grant UASI - - - - UASI PAS! Last - UASI - UASI - UASI un:a • UASI - IASI UASI - UASI - UASI - UASI - IJASI • UASI - uASI - UASI - - _AO uA,t - uAst WWI UASI - UASI - UASI - LASI UA:1 UASI UASI • UASI - UsSI - LIASI - UA51 - UAS1 - IMSI - UASI • UA51 - LIAi1 I/ASI UASI - UASI _.- UASI FY 15 UASI — SUBRECIPIENT C-9 November 1, 2015 Appendix C -- Form of Reimbursement Request REIMBURSEMENT REQUEST CONSULTANT / CONTRACTOR CFDA fr: 97.067 HSGP City or San Diego 073-66000 20t5-00078 SUBMIT TO OHS ELECTRONICALLY AS WELL AS IN YOUR REIMBURSEMENT PACKET LEDGER TYPE: Cash Request Toddy's Date Expenditure Period: (Date) From: (Date) TO.: Cash Request Project Letter Consulting Firm F. Consultant Name Project &Description Services Deliverable Solution Area Solution Area Sub- Category Expenditure Caleyory Period of Expenditure Fee For Deliverable Billable Hour Breakdown Cash Request # Total Cost Charged to Grant Total Salary B. Benefits charged for this Reporting %rem Hourly/Billing Rate Total Project Hours FY 15 UASI — SUBRECIPIENT C-10 November 1, 2015 APPENDIX D — PERFORMANCE PERIOD EXTENSION REQUEST City of San Diego Office of Homeland Security PERFORMANCE PERIOD EXTENSION REOUEST Subrecipient Name: UASI FY: Project: Project Title: Total Amount Allocated: Amount Expended: Original Milestone Deadline: Adjusted Milestone with additional funds: Requested Milestone Extension Deadline: 1. Describe the details of the project: 2. What is the current status of the project? 3. Please provide a timeline as to how you will meet the new requested date: 4. How have you analyzed your errors in the initial timeline? What are the reasons why the project is late? 5. How have you improved your planning and project management process to avoid future delays if this request is granted? What plans and documentation do you have in place to guarantee the requested deadline will be met? 6. List and describe all equipment with costs and AEL #s: Equipment & Description Cost AEL number PROJECT A: TOTAL PROJECT B: TOTAL FY 15 UASI — SUBRECIPIENT D-1 November 1, 2015 APPENDIX D — PERFORMANCE PERIOD EXTENSION REQUEST PROJECT D: TOTAL PROJECT E: TOTAL PROJECT G: TOTAL All Investments TOTAL FY 15 UASI — SUBRECIPIENT D-2 November 1, 2015 Office of Ho melan el Seculity Signature Authorization Form FY 2015 Homeland Security Grant Prog lams rhe below named'personnel are authorized. to request Initiative (UASI). Date S for the fol. Security Grant I Urban Arm..ect NAII: (TYPED/PRINTED) SIG1'\.\Tt:RE TELEPHONE E-1\L\IL ADDRESS NUMBER Thh forni arocessed. all others for above indicated :jurisdiction.. Requests foi m signed by staff not identified in this form will not :horized Agent Printed Name and Si anaturt Mail firm to City of San Diego, Office of Security,. 10 0 2"' Avenue, :Suite .1500, San Diego, CA No CC/CDC-HA Agenda 3/15/2016 — Page 55 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the appropriation of $350,000 in the Environmental Compliance Contract Services maintenance and operations account from General Fund fund balance to fund emergency channel maintenance CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 15, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the appropriation of $350,000 in the Pnvirnnmantai rnmpliance r onrracf Senrir.As mainfgnanre anti npAra&inns arrniint from fGenerai Funr fair balance to fund emergency channel maintenance for Paradise Creek as provided under U.S. Army Corps of Engineers Regional General Permit No. 63 issued to the City of National City on January 29, 2016. PREPARED BY Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT: Engineering/PublicWor'ks APPROVED BY: APPROVED: 1(�rG Finance APPROVED: MIS 001-416-030-299-0000 (Environmental Compliance Contract Services): $350,000.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution authorizing the appropriation of $350,000 in the Environmental Compliance Contract Services maintenance and operations account from General Fund fund balance to fund emergency channel maintenance for Paradise Creek. BOARD i COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/ Study Area Exhibits 2. Resolution EXPLANATION On January 29, 2016, the U.S. Army Corps of Engineers issued Regional General Permit No. 63 to allow for emergency maintenance of portions of the open channels and box culverts within Paradise Creek. Maintenance activities started in early February and are estimated to continue through April 2016. The estimated cost to complete the maintenance, which also includes project management, inspections and environmental oversight, is $350,000. The official scope of work as authorized by Regional General Permit No. 63 is as follows: 1. Permanently impact approximately 0.028 acre of disturbed wetland waters of the U.S. and non -wetland waters of the U.S. (250 linear feet) within the earthen -lined section of Upper Paradise Creek by removing approximately 200 cubic yards of sediment and vegetation. The removal of sediment and vegetation will include mechanized equipment such as a backhoe and excavator to be located within the channel. This section is located between S. Harbison Avenue and E. Plaza Boulevard, as shown in Figure 1 - Upper Paradise Creek Vicinity Map and Figure 2 - Upper Paradise Creek Vegetation and Jurisdictional Waters. 2. Permanently impact approximately 600 linear feet (0.393 acre) of open water wetland water of the U.S. (excluding the coastal salt marsh shown in Figure 2) within the earthen -lined section of Lower Paradise Creek by removing approximately 1,500 cubic yards of sediment and non-native vegetation. This section is located between West Avenue and West 18th Street and a small portion is located south of West 18th Street, as shown in Figure 1 - Lower Paradise Creek Vicinity Map and Figure 2 - Lower Paradise Creek Vegetation and Jurisdictional Waters. The removal of sediment and vegetation will include mechanized equipment such as a backhoe and excavator to be located within the channel. Since the remaining balance in the Environmental Compliance Contract Services maintenance and operations account is committed to pay for other environmental services and fees, staff is requesting City Council authorization to appropriate $350,000 from General Fund fund balance to fund emergency channel maintenance for Paradise Creek as provided under U.S. Army Corps of Engineers Regional General Permit No. 63 issued to the City of Nationai City on January 29, 2016. 1 Upper Paradise Creek Upper Paradise Creek '46.14t Mei" Prefect rt. kritioneiC 4 .10°Att"ohAtrei 167 _s triWa"It4411. City of - Nat -411E.Pc • '1". CD Stud Afea Corps Wetland Vegetation Communities Non -wetland Waters of the U.S. (earthen -lined) ii Disturbed Wetland Lipiand Vegetation Communities C.11) Non-native Grassland (Tier IIIB) Non-native Vegetation/Ornamental Ruderal y • • VegetatiQn and Jurisdictional Waters ROCKSOWWCAL so 0 70 40 r...7....=144eri. Fur Lower Paradise Creek Project Site (open channel) Lower Paradise Creek Study Area Corps Wetland Vegetation Communities al; Open Water °Notland Waters of the U.S. Igo Southern Cr atal Salt Marsh Upland Vegetation Communities c r Non-native Grassland (Tier IIIB) Vegetation and Jurisdictions' Waters PARADISE CREEK EMERGENCY MAINTENANCE CC/CDC-HA Agenda 3/15/2016 — Page 62 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) accepting the terms of the Termination and Mutual Release Agreement between 819 D Avenue, LLC, a California limited liability company (the Owner), NC Apartments, LLC, a California limited lia CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 15, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) accepting the terms of the Termination and Mutual Release Agreement between 819 D Avenue. LLC, a California limited liability company (the "Owner"), NC Apartments, LLC, a California limited liability company, and the City of National City, for the Undergrounding of Utilities for the Harbor View Condo Project located at 819 "D" Avenue; and 2) authorizing the Mayor to execute the Agreement. PREPARED BY: Stephen :VlanganEello DEPARTMENT: Engineering/Public Works PHONE: 619-336-4382 EXPLANATION, See attached. APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: 1 FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution authorizing the Mayor to execute the Termination and Mutual Release Agreement for the Undergrounding of Utilities for the Harbor View Condo Project located at 819 "D" Avenue. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution EXPLANATION On September 7, 2010, NC Apartments, LLC and the City of National City entered into a Reimbursement Agreement for the Undergrounding of Utilities for the Harbor View Condo Project located at 819 "D" Avenue in National City. Said Agreement was recorded in the San Diego County Recorder's Office as Document No. 2010-0497191. The undergrounding of utilities is a condition of approval for the Project per City Council Resolution No. 2006-266. The parties desired to enter into the Reimbursement Agreement since the City planned to underground utilities along 8th Street, a portion of which is adjacent to the Harbor View Condo Project. Per the terms of the Reimbursement Agreement, the owner agreed to pay the City for the cost of undergrounding the three power poles located on the Harbor View Condo Project site, including a fee for project administration. The Utility Undergrounding for this portion of 8th Street, which included the three poles for the Harbor View Condo Project, was completed by the City's contractor in February 2013. The Owner submitted deposits to the City, which were used to reimburse for the cost of construction and project administration. Staff has confirmed that all conditions and requirements for the Harbor View Undergrounding Project pursuant to the Reimbursement Agreement have been satisfied by NC Apartments, LLC and the Owner. Therefore, staff recommends executing the attached Termination and Mutual Release Agreement. RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: Peterson & Price 530 B Street, Suite 1800 San Diego, CA 92101 Attn: Matthew A. Peterson THIS SPACE FOR RECORDER'S USE ONLY APN: 556-493-11-00; 556-493-10-01 through 556-493-10-82 Termination and Mutual Release Agreement This Termination and Mutual Release Agreement is made as of this day of 201_, by and between 819 D Avenue, LLC, a California limited liability company (the "Owner"), NC Apartments, LLC, a California limited liability company, and the City of National City, a municipal corporation ("City") (the "Agreement"). RECITALS A. Owner is the owner of property located at 819 D Avenue, National City, California 91950, and more particularly described in Exhibit A attached hereto. B. NC Apartments, LLC and City are parties to that certain Reimbursement Agreement by and between the City of National City and NC Apartments, LLC for the Undergrounding of Utilities (AKA Harbor View Condo Project) dated September 7, 2010, recorded in the San Diego County Recorder's Office as instrument no. 2010-0497191 ("Reimbursement Agreement"); Owner, NC Apartments, LLC and City agree that all conditions and requirements for the Harbor View Undergrounding Project pursuant to the Reimbursement Agreement have been satisfied by NC Apartments, LLC and Owner; and D. Owner, NC pa entc, LLC and City desire to terminate the Reimbursement Agreement. Reimbursement IT IS THEREFORE AGREED, in consideration of the mutual covenants herein contained, as follows: 1. Definitions. Capitalized terms used herein without definition shall have the meanings given to such terms in the Reimbursement Agreement, unless specified below, which definitions shall survive the termination of the Reimbursement Agreement. As used herein: 1 G:\Engineering\A200s\2016\March 15, 2016\Harbor View Termination Agreement\Back-up\Harborview Termination and Mutual Release Agreement 122115 (003)v2.docx a. "Termination Date" means 11:59 pm on January 7, 2015. 2. Agreed, Voluntary Termination of Reimbursement Agreement. Except as otherwise provided herein, Owner, NC Apartments, LLC and City hereby agree that the Reimbursement Agreement is hereby terminated as of the Termination Date. a. Deposit. Owner, NC Apartments, LLC and City agree that Owner's original deposit submitted to the City in the amount of Twenty Eight Thousand Three Hundred Twenty Five Dollars ($28,325) is to be kept by the City as Owner's contribution to the City Project. 3. Owner Releases City. Owner and NC Apartments, LLC does now, forever filly and finally release, remise acquit and discharge City, and its parents, subsidiaries, managers, officers, directors, successors, assigns, employees, affiliates, and agents from any and all claims, debts, demands, liabilities, actions or causes of actions, whether in law or equity, whether direct or indirect, whether presently known or unknown, whether contingent or accrued, arising from the beginning of time to the execution of this Agreement, with respect to all claims arising under or in connection with the Reimbursement Agreement, specifically excluding any claims that may arise out of a failure to comply with the terms of this Agreement. 4. City Releases Owner. City does now, forever tally and finally release, remise acquit and discharge NC Apartments, LLC, Owner, and their parents, subsidiaries, managers, officers, directors, shareholder, successors, assigns, employees, affiliates, and agents from any and all claims, debts, demands, liabilities, actions or causes of actions, whether in law or equity, whether direct or indirect, whether presently known or unknown, whether contingent or accrued, arising from the beginning of time to the execution of this Agreement, with respect to all claims arising under or in connection with the Reimbursement Agreement, specifically excluding any claims that may arise out of a failure to comply with the terms of this Agreement. 5. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. 6. Governing Law, The construction, interpretation and enforcement of this Agreement shall be co_ st ed in with and gover :ed by the laws o_, C aiifor «a. without giving i�a a .Ev accordancexE �,_. effect to the principles of cuu lists uf laws thereof. 7. Severabilitv. If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby and shall remain valid and can be enforced to the greatest extent allowed by law. 2 G:\Engineering\A200s\2016\March 15, 2016\Harbor View Termination Agreement\Back-up\Harborview Term?nation and Mutual Release Agreement 122115 (003)v2.docx 8. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter contained herein. This Agreement may not be changed orally. 9 Authority to Enter Contract. Each party and the individuals signing this Agreement represent and warrant to the other that the individual signing this Agreement for such party is fully authorized and empowered to execute this Agreement and to bind such party to the terms hereof. 10. Successors and Assigns. This Agreement shall bind the parties hereto and their respective affiliates, successors and assigns. 3 G:\Engineering\A200s\2016\March 15, 7016\Harbor View Termination Agreement\Back-up\Harborview Termination and Mutual Release Agreement 122115 (003)v2,docx IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the day and year first above written. OWNER 819 D Avenue, LLC, a California limited liability company Andrew Held, President NC APARTMENTS, LLC: NC Apartments, LLC, a California limited liability company Andrew Held, Managing Member CITY: City of National City, a municipal corporation Ron Morrison Mayor Approved as to form: Claudia O. Silva F City ntto;"::e'r 4 G:\Engineering\A200s\2016\March 15, 2016\Harbor View Termination Agreement \Back-up\Harborview Termination and Mutual Release Agreement 122115 (003)v2.docx ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF COUNTY OF ss ) On , 201_, before me, a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 5 G:\Engineering\A200s\2016\March 15, 2016\Harbor View Termination Agreement\Back-up\Harborview Termination and Mutual Release Agreement 122115 (003)v2.docx ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF COUNTY OF ss } On , 201_, before me, a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 6 G:\Engineering\A200s\2016\March 15, 7.016\Harbor View Termination Agreement\Back-up\Harborview Termination and Mutual Release Agreement 122115 (003)v2.docx ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF COUNTY OF } } ss } On , 201_, before me, a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 7 G:\Engineering\A200s\2016\March 15, 2016\Harbor View Termination Agreement\Back-uo\liarborview Termination and Mutual Release Agreement 122115 (003)v2.docx EXHJBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NATIONAL CITY, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 1 OF HARBORVIEW CONDOMINIUMS, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 15874, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 17, 2012. APN: 556-493-11-00 8 G:\Engineering\A200s\2016\March 15, 2015\Harbor View Termination Agreement\Back-up\Harborview Termination and Mutual Release Agreement 122115 (003)v2.docx CC/CDC-HA Agenda 3/15/2016 — Page 73 The following page(s) contain the backup material for Agenda Item: 2015 Annual Progress Report on the implementation of the Housing Element of the General Plan. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 15, 2016 AGENDA ITEM NO. ITEM TITLE: 2015 Annual Progress Report on the implementation of the Housing Element of the General Plan: PREPARED BY: 'Raymond Pe, Principal Planned DEPARTMENT: Planni ision PHONE? !336-4421 APPROVED BY: EXPLANATION: State law requires the City to submit an annual progress report on the implementation of the General Plan Housing Element to the Governor's Office of Planning and Research and the Department of Housing and Community Development (HCD). The annual report provides information on the progress of the City in meeting the City's share of the Regional Housing Needs Assessment (RHNA) for San Diego County as adopted by the San Diego Association of Governments (SANDAG). FINANCIAL STATEMENT' APPROVED: ACCOUNT NO, Not Applicable APPROVED: Finance MIS ENVIRONMENTAL REVIEW No further action is required under the California Environmental Quality Act since the action, as dcfir „ed by CEQA, is not considered a project that has the potential to result in either a direct or indirect physical change in the environment. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Accept and file the report. BOARD / COMMISSION RECOMMENDATION: ;Not Applicable ATTACHMENTS: 1. Annual Progress Report. City of National City Housing Element Annual Progress Report January 1 — December 31 2015 The Annual Progress Report consists of the following tables in accordance with California Housing and Community Development reporting requirements. Table A — Annual Building Activity Report Summary Very Low-, Low-, and Mixed -Income Multifamily Projects New Construction Permits Issued Table A2 — Annual Building Activity Report Summary Units Rehabilitated, Preserved, and Acquired Pursuant to Government Code Section 65583.1(c)(1) Table A3 — Annual Building Activity Report Summary Moderate and Above Moderate -Income Units Not included in Table A New Construction Permits Issued Table B — Regional Housing Needs Allocation Progress Permits Issued Table C — Housing Element Program Implementation Status Table A Annual Building Activity Report Summary Very Low-, Low-, and Mixed -Income Multifamily Projects New Construction Permits Issued in 2015 Project APN, name, or address Unit Category R=Renter O=Owner Affordability by Household Incomes (Units) Total Units Infill Units Assistance Programs Deed Restrictions Affordable without assistance or restrictions Attach ex (planation) ( p ) Very Low- Income Low- Income Moderate -Income Above Moderate -Income N/A N/A N/A N/A N/A N/A N/A N/A Total Moderate and Above Moderate from Table A3 Total by income Table A/A3 N/A N/A N/A N/A N/A N/A Total Extremely Low -Income (optional) N/A Table A2 Annual Building Activity Report Summary Units Rehabilitated, Preserved, and Acquired in 2015 Pursuant to Government Code Section 65583.1(c)(1) Activity Type Affordability by Household Incomes Document compliance with Government Code Section 65583.1(c )(1) ExtremelyVeryLow Low -Income Income Low -Income TOTAL UNITS Rehabilitation N/A Preservation of Units At -Risk N/A Acquisition N/A Total Units N/A City of National City Page 1 Housing Element Annual Progress Report Table A3 Annual Building Activity Report Summary Moderate and Above Moderate -Income Units Not included in Table A New Construction Permits Issued in 2015 Household Income Single Family 2 - 4 Units 5+ Units Second Unit Mobile Homes Total Infill Units Moderate -Income Above Moderate -Income 9 4 13 13 Table B Regional Housing Needs Allocation Progress Permits Issued by Year Calendar Year 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Total to Date Remaining RHNA Income Level RHNA Allocation Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11 Extremely Low and Very Low Deed Restricted 465 465 Non -Restricted Low Deed Restricted 353 8 108 116 237 Non -Restricted Moderate Deed Restricted 327 327 Non -Restricted Above Moderate 718 23 3 9 32 17 13 97 621 Total RHNA Allocation 1,863 Total Permitted 31 3 9 32 125 13 213 Total Remaining RHNA Need 1,650 City of National City Page 2 Housing Element Annual Progress Report Table C Housing Element Program Implementation Status Program Objective Schedule Status 1. Rental Rehabilitation Program. Rehabilitate an average of 10 units per year. Rehabilitate an average of ten units per year for a total of 80 units during the eight- year planning cycle. No rental units rehabilitated during the calendar year. 2. Ownership Housing Rehabilitation Program. Rehabilitate an average of five units per year. Rehabilitate an average of five units per year for a total of 40 units during the eight- year planning cycle. No single-family units rehabilitated during the calendar year. 3. Code Enforcement Program. Abate an average of 250 cases per year. Abate an average of 250 cases per year for a total of 2,000 cases during the eight- year planning cycle. An average of over 250 housing -related code violations abated annually. 4. Housing Inspection Program Inspect an average of 128 units per year. Inspect an average of 128 units per year for a total of 1,024 units during the eight- year planning cycle. An average of over 500 housing units inspected annually. 5. At -Risk Housing Program. Conserve the affordability of 795 housing units at risk of converting to market rate. Monitor status of at -risk units annually during the eight -year planning cycle. No at -risk units converted to market rate during the calendar year. 6. Housing Choice Voucher (Section 8) Rental Assistance Program. Maintain 911 units of project -based housing and 1,123 tenant -based vouchers. Monitor annually during the eight -year planning cycle. Continued to maintain 911 project -based and 1,123 tenant -based vouchers. 7. Tenant Relocation Program. Relocate any tenants displaced due to code enforcement. Continue to offer the program during the eight -year planning cycle. No tenants were displaced during the calendar year. 8. Housing Stock Conditions Program. Estimate of the number of dwelling units in need of repair or replacement. Conduct survey annually during the eight- year planning cycle. The last survey was conducted in 2010. 9. Clean-up Events Program. Conduct an average of four events per year. Conduct an average of four events annually for a total of 32 events during the eight -year planning cycle. There were three clean-up events during the calendar year. 10. Developer Information Program. Update and maintain informational materials as policies, standards, guidelines, and ordinances are amended or adopted. Update as policies, standards, guidelines, and ordinances are amended or adopted during the eight -year planning cycle. Ongoing updates as polices are amended or adopted. 11. GIS Database Program. Update database as new information becomes available in a compatible format. Monitor data sources and update upon availability during the eight -year planning cycle. Ongoing updates to database as needed and as available. City of National City Page 3 Housing Element Annual Progress Report Program Objective Schedule Status 12. Community Housing Development Organizations Program. Identify and fund CHDOs to pursue affordable housing projects and programs. Conduct outreach annually as part of the budget process and as funding sources become available during the eight -year planning cycle. Ongoing through the annual budget adoption process at public workshops and hearings. 13. New Construction Program. Production of housing units to meet the RHNA allocation. Conduct outreach annually as part of the budget and CIP process and as funding sources become available during the eight - year planning cycle. Permits for 13 units were issued during the calendar year. 14. Construction Assistance Program. Development community awareness of available housing programs. Conduct outreach annually as part of the budget and CIP process and as funding sources become available during the eight- year planning cycle. Ongoing through the annual budget and CIP adoption process at public workshops and hearings. 15. Production Priorities Program. Communicate housing policy objectives to prospective developers and encourage and facilitate projects that implement Housing Element policies. Ongoing as part of the pre -application and consultation process during the eight -year planning cycle. Ongoing outreach to communicate policy objectives to prospective developers. 16. Housing Element Annual Report. Submit report to Department of Housing and Community Development prior to the statutory deadline. Prepare and submit annually pursuant to statute during the eight -year planning cycle. The annual progress report was prepared and submitted for the prior calendar year. 17. Design Guidelines Program. Improvement in the quality of design in construction through the implementation of design guidelines. Ongoing as part of the pre -application and consultation process during the eight -year planning cycle. Ongoing implementation during the project consultation and entitlement process. 18. Fair Housing Requirements Program. Implement actions to address fair housing issues through CDBG and HOME activities. Update Al in conjunction with Consolidated Plan updates and implement on ongoing basis during the eight -year planning cycle. Fair Housing Action Plan updated and incorporated into Consolidated Annual Performance and Evaluation Report. 19. Fair Housing Organizations. Fair housing practices and informed housing consumers and suppliers. Conduct outreach annually as part of the budget and CIP process and as funding sources become available during the eight - year planning cycle. Ongoing fair housing services are provided by CSA San Diego County. 20. Fair Housing Training Program. In new projects of 10 or more units, training of staff in fair housing administration. Refer to contracted providers prior to occupancy of new projects during the eight -year planning cycle. Ongoing fair housing services are provided by CSA San Diego County. 21. State Energy Conservation Program. Achieve State energy conservation standards for housing. Conduct on an ongoing basis as part of the development review, permitting, and enforcement processes during the eight - year planning cycle. Ongoing implementation during the project consultation and entitlement process. City of National City Page 4 Housing Element Annual Progress Report Program Objective Schedule Status 22. Community Land Trust (CLT) Program. Allow the establishment of community land trusts as needed. Conduct outreach annually as part of the budget and CIP process and as funding sources become available during the eight- year planning cycle. In 2013, the Housing Element was updated to allow community land trusts. No CLTs were established during the calendar year. 23. Extremely -Low Income Housing Program. Production of 233 units of housing affordable to extremely -low income households. Conduct outreach annually as part of the budget and CIP process and as funding sources become available during the eight - year planning cycle. No extremely -low income units were produced during the calendar year. 24. Land Use Code Monitoring Program. Implementation of the General Plan, including Housing Element policies. Monitor and report annually as part of the General Plan Annual Progress Report during the eight -year planning cycle. The annual progress report was prepared and submitted for the prior calendar year. -- END OF REPORT — City of National City Page 5 Housing Element Annual Progress Report CC/CDC-HA Agenda 3/15/2016 — Page 81 The following page(s) contain the backup material for Agenda Item: Warrant Register #32 for the period of 02/03/16 through 02/09/16 in the amount of $2,178,131.88. (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 15, 2016 AGENDA ITEM NO. ITEM TITLE: 'Warrant Register #32 for the period of 02/03/16 through 02/09/16 in the amount of $2,178,131.88. (Finance) PREPARED BY: K. Apalateguii DEPARTMENT: Finance PHONE: 619-336-4572APPROVED BY: -14 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 02/03/16 through 02/09/16. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor ChecklWire Amount City of San Diego 321831 Kimley Horn and Assoc 321854 New Century Construction 321872 Partillo Concrete Inc 321882 Western Rim Constructors 321913 1,296,948.00 90,720.98 183,009.79 145,150.39 199,306.10 Explanation Treatment and Transportation of Sewer 18th St Ped. Project D Ave and 12th St Project Highland Avenue Project Kimball & El Toyon Projects FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $2,178,131.88 APPROVED: ��'� Finance APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $2,178,131.88! BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #32 PAYEE ABNEY, P ACE UNIFORMS & ACCESSORIES INC ADAMSON INDUSTRIES CORP AIRGAS WEST ALDEMCO ALL FRESH PRODUCTS AT&T AT&T MOBILITY BEST BEST & KRIEGER ATTNY LAW BOOT WORLD BULLEX INC BURKE WILLIAMS & SORENSEN LLP CALIFORNIA COMMERCIAL SECURITY CA HOMICIDE INVESTIGATION SVCS CANON SOLUTIONS AMERICA INC CAPPO INC CITY OF LEMON GROVE CITY OF SAN DIEGO CLAIMS MANAGEMENT ASSOCIATES COX COMMUNICATIONS CYNTHIA TITGEN CONSULTING INC D MAX ENGINEERING INC DAVID HAYDEN CONSTRUCTION DAY WIRELESS SYSTEMS DENTONS US LLP D-MAX ENGINEERING DOOLEY ENTERPRISES DSS CORPORATION EDD EXPERIAN FERGUSON ENTERPRISES INC FIRE ETC GHA TECHNOLOGIES GONZALES, R GRAINGER GRANICUS INC HEALTH AND HUMAN HUDSON SAFE T LITE RENTALS INNOVATIVE CONSTRUCTION KAISER FOUNDATION HEALTH PLANS KIMLEY HORN AND ASSOC INC L B CIVIL CONSTRUCTION INC LANGUAGE LINE SERVICES LASER SAVER INC LATTMAN, D LEAGUE OF CALIFORNIA CITIES LOPEZ, T LUJAN JR, T LOTH AND TURLEY INC. WARRANT REGISTER #32 2/9/2016 DESCRIPTION REIMB: CHEMICAL IMMOBILIZATION / PD STREAMLIGHT PRO TAC FLASHLIGHTS FIRST AID DUFFEL WITH LOGO / PD MOP#45714 WEARING APPAREL CONSUMABLES- NUTRITION CENTER CONSUMABLES- NUTRITION CENTER PHONE SERVICES / 12/13/15 -1/12/16 WIRELESS SERVICE / 12/6/15 -1/5/16 LEGAL / REGIONAL PERMIT PETITION MOP#64096 WEARING APPAREL SMOKE LIQUID (20 LITER) / FIRE LEGAL / NEGOTIATIONS MOP#45754 CONTRACT SERVICES TUITION: 47TH ANNUAL CONFERENCE / PD PW300 TONER KIT MEMBERSHIP RENEWAL / FINANCE LIABILITY CLAIM COSTS TREATMENT AND TRANSPORTATION OF SEWER LIABILITY AND RISK SERVICES / DEC 2015 INTERNET SERVICE / JAN 2016 RISK MANAGMENT CONSULTANT SVCS PARADISE CREEK HOUSING PROJECT REFUND; PERMIT#73881, TILLY'S ANTENNA 1/4 WAVE / FIRE LIABILITY CLAIM COSTS STORMWATER SERVICES JACKETED HOLLOW POINT / POLICE S/A RECORDER IN FIELD UPGRADES UNEMPLOYMENT INS BENEFIT CREDIT CHECKS/INVESTIGATIONS- PD MOP#45723 TOOLS / PW DRAGON FIRE ALPHA X GLOVES / FIRE ARCSERVE D2D - WINDOWS VM PROTECTION REIMB: CRIME SCENE INVESTIGATION / PD MOP#65179 BUILDING SUPPLIES MONTHLY MANAGED SERVICES EMP ASSISTANCE PROGRAM / MAY 2016 ECONOBUSTER SIGN STAND / PW KIMBALL PARK IMPROV PROJECT RETIREES INS - FEB 2016 18TH ST PED. PROJECT A AVENUE GREEN STREET PROJECT LANGUAGE LINE INTERPRETATION SERVICES MOP 45725 INK CARTRIDGE / NSD REFUND: HEALTH INSURANCE MEMBERSHIP DUES SAN DIEGO DIVISION TRANSLATION & INTERPRETATION SERVICES REIMB: DMV CLASS B LICENSE LIABILITY CLAIM COSTS 1/3 CHK NO DATE AMOUNT 321814 2/9/16 202.93 321815 2/9/16 70.18 321816 2/9/16 1,847.50 321817 2/9/16 57.93 321818 2/9/16 1,054.37 321819 2/9/16 266.94 321820 2/9/16 7,361.56 321821 2/9/16 400.51 321822 2/9/16 601.00 321823 2/9/16 366.62 321824 2/9/16 266.36 321825 2/9/16 1,475.00 321826 2/9/16 187.50 321827 2/9/16 300.00 321828 2/9/16 241.97 321829 2/9/16 130.00 321830 2/9/16 3,741.08 321831 2/9/16 1,296,948.00 321832 2/9/16 9,713.80 321833 2/9/16 82.65 321834 2/9/16 2,400.00 321835 2/9/16 327.50 321836 2/9/16 2,275.00 321837 2/9/16 15.12 321838 2/9/16 9,940.00 321839 2/9/16 118.16 321840 2/9/16 6,698.92 321841 2/9/16 6,005.90 321842 2/9/16 8,135.00 321843 2/9/16 27.24 321844 2/9/16 385.47 321845 2/9/16 354.25 321846 2/9/16 6,665.40 321847 2/9/16 164.63 321848 2/9/16 1,153.06 321849 2(9/16 2,954.70 321850 2/9/16 801.92 321851 2/9/16 2,921.20 321852 2/9/16 35,013.25 321853 2/9/16 22,289.94 321854 2/9/16 90,720.98 321855 2/9/16 10,391.15 321856 2/9/16 43.57 321857 2/9/16 118.75 321858 2/9/16 355.08 321859 2/9/16 1,500.00 321860 2/9/16 140.00 321861 2/9/16 71.00 321862 2/9/16 744.01 PAYEE MASON'S SAW MEHER DER OHANESSIAN METRO AUTO PARTS DISTRIBUTOR METRO FIRE & SAFETY MEYERS NAVE MUNICIPAL CODE CORPORATION MUNICIPAL CODE CORPORATION NATIONAL CITY CAR WASH NATIONAL CITY TROPHY NEW CENTURY CONSTRUCTION INC OLIVERIA, H O'REILLY AUTO PARTS PACIFIC TELEMANAGEMENT SERVICE PDR PEACE OFFICERS RESEARCH PENA VELOZ, J PENSKE FORD PEREZ, C PERRY FORD PORTILLO CONCRETE INC POWERSTRIDE BATTERY CO INC PRO BUILD PROFORCE LAW ENFORCEMENT PRUDENTIAL OVERALL SUPPLY REGIONAL TRAINING CENTER RON BAKER CHEVROLET S D COUNTY SHERIFFS DEPT SAFDIE RABINES ARCHITECTS SAN DIEGO MIRAMAR COLLEGE SANCHEZ, E SEAPORT MEAT COMPANY SITEONE LANDSCAPE SUPPLY LLC SMART & FINAL SOUTHERN CALIF TRUCK STOP SOUTHERN CALIFORNIA SOIL SPARKLETTS STARTECH COMPUTERS STATE OF CALIFORNIA SYSCO SAN DIEGO INC T MAN TRAFFIC SUPPLY THE COUNSELING TEAM THE RESCUE SOURCE THOMSON REUTERS WEST TOPECO PRODUCTS U S BANK U S HEALTHWORKS UNITED ROTARY BRUSH CORP VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS WARRANT REGISTER #32 2/9/2016 DESCRIPTION MOP#45729 SUPPLIES / PARKS REFUND: DEMOLITION DEPOSIT MOP#75943 PARTS / PW WATER PRESSURE RECHARGE / FIRE LABOR RELATIONS/NEG SVCS ANNUAL WEB HOSTING / MIS SALES TAX ON INVOICE / MIS MOP#72454 AUTO EQUIPMENT / PW MOP#66556 MATERIALS / PW D AVE. AND 12TH ST PROJECT REIMB: HCV FINANCIAL MGMNT TRAINING / SEC 8 MOP#75877 AUTO PARTS / PW PAYPHONE SERVICES / JAN 2016 PRODUCT- USPS BOUND PRINTER MATTER PORAC - INS/WORKERS COMP / PD REIMB: DMV CLASS B LICENSE MOP#49078 AUTO PARTS REIMB: DMV CLASS B LICENSE R & M CITY VEHICLES / PW HIGHLAND AVENUE PROJECT MOP#67839 AUTO PARTS MOP#45707 MATERIALS / PW BLK CLASS III KASER/DATAPORT DOWNLOAD MOP 45742. LAUNDRY SERVICES / SEWER BUSINESS WRITING TRAINING MOP# 45751 AUTO PARTS SDCO RANGE USE / POLICE AQUATIC CENTER PROJECT TUITION: 105TH REGIONAL ACADEMY / PD REIMB: FIRE INSPECTOR 2B TRAINING FOOD / NUTRITION CENTER MOP# 69277 HORTICULTURAL ITEMS MOP# 45756 MISC SUPPLIES/COMM SVC MOP# 45758 OIL AND LUBRICANTS / PW EL TOYON AND KIMBALL PROJECT WATER - COUNCIL MOP 61744 MISC SUPPLIES / MIS HAZARDOUS WASTE GENERATOR PERMIT CONSUMABLES/FOOD - NUTRITION MOP#76666 TRAFFIC SUPPLIES EMPLOYEE SUPPORT SERVICES THROWBAG-RS PRO LARGE -EMPTY / FIRE ON-LINE LEGAL RESEARCH MOP#63849 AUTO PARTS / PW CREDIT CARD EXPENSES - FIRE PRE -EMPLOYMENT PHYSICALS MOP#62683 AUTO PARTS MOP#46453 PLUMBING MATERIALS CELLULAR SERVICE / 12/22/15 - 01/21/16 2/3 CHK NO DATE AMOUNT 321863 2/9/16 149.19 321864 2/9/16 8,853.45 321865 2/9/16 13.91 321866 2/9/16 294.45 321867 2/9/16 7,953.00 321868 2/9/16 900.00 321869 2/9/16 22.50 321870 2/9/16 225.00 321871 2/9/16 17.28 321872 2/9/16 183,009.79 321873 2/9/16 1,325.46 321874 2/9/16 26.40 321875 2/9/16 456.00 321876 2/9/16 65.35 321877 2/9/16 110.00 321878 2/9/16 73.00 321879 2/9/16 48.02 321880 2/9/16 73.00 321881 2/9/16 815.05 321882 2/9/16 145,150.39 321883 2/9/16 147.21 321884 2/9/16 3,003.83 321885 2/9/16 10,007.88 321886 2/9/16 1,447.35 321887 2/9/16 4,560.00 321888 2/9/16 209.83 321889 2/9/16 1,600.00 321890 2/9/16 13,340.09 321891 2/9/16 207.00 321892 2/9/16 223.20 321893 2/9/16 1,496.88 321894 2/9/16 494.80 321895 2/9/16 100.31 321896 2/9/16 388.81 321897 2/9/16 5,857.00 321898 2/9/16 12.00 321899 2/9/16 232.02 321900 2/9/16 849.20 321901 2/9/16 1,677.01 321902 2/9/16 471.15 321903 2/9/16 800.00 321904 2/9/16 156.90 321905 2/9/16 1,711.86 321906 2/9/16 21.15 321907 2/9/16 2,090.90 321908 2/9/16 350.00 321909 2/9/16 265.78 321910 2/9/16 316.47 321911 2/9/16 9,965.52 PAYEE WEST PAYMENT CENTER WESTERN RIM CONSTRUCTORS INC WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY ZEFERINO, L ABLE PATROL & GUARD AMAZON BAKER & TAYLOR BRODART CO EBSCO SUBSCRIPTION GRASS ROOTS PRESS MIDWEST TAPE NEW READERS PRESS SIRS1DYNIX U S POSTMASTER SECTION 8 HAPS PAYMENTS WARRANT REGISTER #32 2/9/2016 DESCRIPTION CLEAR INVESTIGATIVE DATABASES KIMBALL & EL TOYON PROJECTS MOP#63850 AUTO PARTS / PW MOP 45763 MISC SUPPLIES / MIS REIMB: SPECIAL WEAPONS & TACTICS / PD SECURITY GUARD SERVICES / LIBRARY BOOKS - LIBRARY BOOKS- LIBRARY BOOKS - LIBRARY LEARNING EXPRESS SUBSCRIPTION / LIBRARY EXAMINER RECORD BOOKLETS / LIBRARY DVD'S/AUDIO BOOKS - LIBRARY LITERACY SUBSCRIPTION RENEWAL / LIBRARY WEBREPORTER PROGRAM I LIBRARY POSTAGE FOR OVERDUE NOTICES / LIBRARY Start Date 2/3/2016 End Date 2/9/2016 3/3 CHK NO DATE AMOUNT 321912 2/9/16 473.49 321913 2/9/16 199,306.10 321914 2/9/16 326.38 321915 2/9/16 240.85 321916 2/9/16 146.11 321917 2/9/16 2,527.30 321919 2/9/16 2,521.49 321920 2/9/16 1,522.00 321921 2/9/16 286.92 321922 2/9/16 7,900.00 321923 2/9/16 139.85 321924 2/9/16 269.09 321925 2/9/16 213.40 321926 219/16 1,720.41 321927 2/9/16 98.00 A/P Total 2,167, 323.88 10,808.00 GRAND TOTAL $ 2,178,131.88 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, W(MA MARK ROBER S, FINA 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 MARCH, 2016. AYES NAYS ABSENT CC/CDC-HA Agenda 3/15/2016 — Page 87 The following page(s) contain the backup material for Agenda Item: Warrant Register #33 for the period of 02/10/16 through 02/16/16 in the amount of $2,398,000.67. (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 15, 2016 AGENDA ITEM NO. ITEM TITLE: Warrant Register #33 for the period of 02/10/16 through 02/16/16 in the amount of $2,398,000.67 (Finance) PREPARED BY: K. Apalategui PHONE: 619-336-4572 DEPARTMENT: F,,ina ce APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 02/10/16 through 02/16/16. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Check/Wire Amount City of Chula Vista 321935 70,634.00 EC Constructors Inc 321943 392,767.89 Kinsman Construction Inc 321951 92,480.12 New Century Construction 321961 125,983.30 Project Professionals Corp 321966 53,610.19 STC Traffic Inc 321983 166,343.12 Public Emp Ret System 2122016 348,083.02 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $2,398,000.67 ENVIRONMENTAL REVIEW: Explanation Animal Shelter Fees — Nov/Dec 2015 Aquatic Center Project Police Dept Project D Ave and 12th St Project 121h St. & D Ave Project Library Remodel Project Service Period 01/19/16 — 02/01/16 APPROVED: APPROVED: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: ! 1 STAFF RECOMMENDATION: Ratification of warrants in the amount of $2,398,000.67 BOARD / COMMISSION RECOMMENDATION: 'N/A r Finance MIS ATTACHMENTS: Warrant Register #33 PAYEE AMERICAN SOCIETY SAFETY ENGINEERS ARCO BUSINESS SOLUTIONS ARCO BUSINESS SOLUTIONS ARMS UNLIMITED INC BROADWAY AUTO GLASS CALIFORNIA AIR RESOURCES BOARD CALIFORNIA COMMERCIAL SECURITY CITY OF CHULA VISTA CITY OF SAN DIEGO CLEAN HARBORS CPOA CSMFO D MAX ENGINEERING INC DEPARTMENT OF TRANSPORTATION DURON, C EC CONSTRUCTORS INC ENTERPRISE FLEET MANAGEMENT ESGIL CORPORATION GEOSYNTEC CONSULTANTS INC HAAKER EQUIPMENT COMPANY HARRIS & ASSOCIATES HERNANDEZ, A JJJ ENTERPRISES KINSMAN CONSTRUCTION INC LASER SAVER INC MARLO'S AUTO SPECIALTIES MASON'S SAW MCDOUGAL LOVE ECKIS MELLADO DESIGNS METRO FIRE & SAFETY MOSSY NISSAN MUNICIPAL CODE CORPORATION NAVARRO, L NEW CENTURY CONSTRUCTION INC OFFICE SOLUTIONS BUSINESS ORKIN PACIFIC SHORES DEVELOPMENT PMW ASSOCIATES PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RDO EQUIPMENT CO RELY ENVIRONMENTAL RUSS' BEE REMOVAL SAFEWAY SIGN COMPANY SAN DIEGO COUNTY BAR ASSOC SAN DIEGO FRICTION PRODUCTS SAN DIEGO UNION TRIBUNE SANCHEZ, E SANCHEZ, E WARRANT REGISTER #33 2/16/2016 DESCRIPTION TUITION: WORKPLACE CHALLENGES TRAINING / ENG FUEL FOR CITY FLEET FUEL FOR CITY FLEET RIFLE SOUND SUPPRESSOR / POLICE WINDSHIELD GREEN TINT SHADE PERMIT RENEWAL / PW INSTALLATION OF DOOR / PW ANIMAL SHELTER FEES - NOV/DEC 2015 SERVICES - SECOND QTR FY2016 HAZARDOUS WASTE REMOVAL / PW TUITION: OFFICER INVOLVED SHOOTING / YOUNG 2016 MEMBERSHIP / FINANCE T&A #90068; WQTR FOR POPEYES HIGHWAY LIGHTING SERVICES / PW ED REIMBURSEMENT AQUATIC CENTER PROJECT ENTERPRISE LEASE & MAINT OF VEHICLES / ENG PLAN CHECK SERVICES / FIRE EDUCATION VILLAGE / CONSULTANT SVCS ON OFF ON SWITCH / PW LEGAL / 8TH STREET SMART GROWTH REIMB: MEMBERSHIP DUES / POLICE CITY WIDE FIRE AND SECURITY ALARM POLICE DEPT PROJECT MOP 45725 INK CARTRIDGE 1 FINANCE REMOVE AND REPLACE HOOD PANEL REPAIRS AND PURCHASES OF SAWS PROFESSIONAL SERVICES / CITY ATTORNEY POLO SHIRTS / HOUSING FIRE EXTINGUISHER SYSTEM / PW BRAKES / PW SUPPLEMENT #44, UPDATE 2 / CITY CLERK REIMB: TRAFFIC COLLISION / PD D AVENUE AND 12TH ST PROJECT INTERVAL SERIES TASK STOOL / FINANCE CITY WIDE PEST MAINTENANCE REFUND: T&A 99172; 2525 HIGHLAND AVE TUITION: INTERNAL AFFAIRS / PD 12TH ST. & D AVE PROJECT MOP 45742 LAUNDRY SVC/FACILITIES CHAIN SAW/LOOP RUNNER/PULLEY / PW PUBLIC WORKS YARD PROJECT CITY-WIDE ONSITE BEE REMOVAL SERVICES WHITE 30X50 YD 1 ROLL / PW MEMBERSHIP DUES / CITY ATTORNEY BENDIX PADS / PW LEGAL NOTICES ADVERTISING FIRE INSPECTOR 2C, SYSTEMS & EQUIP ED REIMBURSEMENT 1/2 CHK NO DATE AMOUNT 321928 2/16/16 95.00 321929 2/16/16 22,642.25 321930 2/16/16 506.12 321931 2/16/16 16,431.75 321932 2/16/16 240.00 321933 2/16/16 550.00 321934 2/16/16 6,891.64 321935 2/16/16 70,634.00 321936 2/16/16 962.70 321937 2/16/16 718.00 321938 2/16/16 226.00 321939 2/16/16 110.00 321940 2/16/16 17,628.68 321941 2/16/16 18, 889.80 321942 2/16/16 352.00 321943 2/16/16 392,767.89 321944 2/16/16 14,516.51 321945 2/16/16 29,388.61 321946 2/16/16 1,178.06 321947 2/16/16 85.83 321948 2/16/16 255.00 321949 2/16/16 145.00 321950 2/16/16 1,280.00 321951 2/16/16 92,480.12 321952 2/16/16 637.44 321953 2/16/16 3,389.00 321954 2/16/16 1,143.68 321955 2/16/16 2,250.65 321956 2/16/16 339.12 321957 2/16/16 183.79 321958 2/16/16 299.77 321959 2/16/16 409.49 321960 2/16/16 147.46 321961 2/16/16 125,983.30 321962 2/16/16 139.52 321963 2/16/16 416.50 321964 2/16/16 1,925.00 321965 2/16/16 428.00 321966 2/16/16 53,610.19 321967 2/16/16 147.29 321968 2/16/16 308.99 321969 2/16/16 2,296.00 321970 2/16/16 375.00 321971 2/16/16 441.45 321972 2/16/16 460.00 321973 2/16/16 534.10 321974 2/16/16 1,169.20 321975 2/16/16 179.16 321976 2/16/16 150.00 PAYEE SASI SDG&E SMART SOURCE OF CALIFORNIA LLC STANLEYACCESS INC STAPLES ADVANTAGE STC TRAFFIC INC STC TRAFFIC INC SWEETWATER AUTHORITY SWRCB THE HOME DEPOT CREDIT SERVICES TORREY PINES BANK TORREY PINES BANK TRITECH SOFTWARE SYSTEMS U S BANK U S HEALTHWORKS UNITED PARCEL SERVICE UNITED ROTARY BRUSH CORP URBAN FUTURES INC VISION SERVICE PLAN VISTA PAINT VULCAN MATERIALS COMPANY WAXIE SANITARY SUPPLY OPPER & VARCO LLP SDG&E WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM PAYCHEX BENEFIT TECHNOLOGIES SECTION 8 HAPS PAYROLL Pay period Start Date .1 2/2/2016 WARRANT REGISTER #33 2/16/2016 DESCRIPTION ANNUAL BASE FEE GAS & ELECTRIC UTILITIES WINDOW ENVELOPES GIL R160 MOTOR / PW MOP 45704 OFFICE SUPPLIES/FINANCE LIBRARY REMODEL PROJECT T&A #1691; TROLLEY STATIONS WATER SERVICE UTILITIES PLAZA BLVD - N AVE PROJECT HEADLIGHT/FLASHLIGHT/CHALK KIT AQUATIC CENTER PROJECT ESCROW AQUATIC CENTER TRITECH INFORM MOBILE MAPPING V 5.6/5.7 CREDIT CARD EXPENSES - PD DOT EXAM UPS SHIPMENT/ FINANCE STREET SWEEPER REPAIRS REFUNDING BONDS VISION SVC PLAN (CA) FEB 2016 MOP 68834 PAINT - NSD INV 71008753 ASPHALT JANITORIAL SUPPLIES-PW LEGAL / WI TOD / S A GAS AND ELECTRIC UTILITIES / S A SERVICE PERIOD 01/19/16 - 02/01/16 BENETRAC ESR SVCS BASE FEE FEB 2016 Start Date End Date 2/10/2016 2/16/2016 End Date Check Date 2/15/2016 2/24/2016 GRAND TOTAL 2/2 CHK NO DATE AMOUNT 321977 2/16/16 405.00 321978 2/16/16 22,062.50 321979 2/16/16 2,158.00 321980 2/16/16 4,200.83 321981 2/16/16 137.76 321983 2/16/16 166,343.12 321984 2/16/16 1,624.11 321985 2/16/16 10,916.46 321986 2/16/16 513.00 321987 2/16/16 492.15 321988 2/16/16 9,860.23 321989 2/16/16 1,539.79 321990 2/16/16 4,200.00 321991 2/16/16 1,833.79 321992 2/16/16 162.00 321993 2/16/16 17.64 321994 2/16/16 607.08 321995 2/16/16 1,950.00 321996 2/16/16 427.11 321997 2/16/16 271.89 321998 2/16/16 691.75 321999 2/16/16 2,909.13 322000 2/16/16 195.00 322001 2/16/16 364.29 AIP Total 1,120,221.69 2122016 2/12/16 348,083.02 996103 2/12/16 100.00 5,628.00 923,967.96 $ 2,398,000.67 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. Lit( MARK ROBERTS, 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 151 OF MARCH, 2016. AYES NAYS ABSENT CC/CDC-HA Agenda 3/15/2016 — Page 92 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 18 (Zoning) Chapter 18.47 of the National City Municipal Code pertaining to Signs and Outdoor Advertising Displays. (Applicant City -Initiated) (Case File 2015-07 A) (Planning) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 15, 2016 AGENDA ITEM NO. ITEM TITLE: An Ordinance of the City Council of the City of National City amending Title 18 (Zoning) Chapter 18.47 of the National City Municipal Code pertaining to Signs and Outdoor Advertising Displays. (Applicant City - Initiated) (Case File 2015-07 A) PREPARED BY: Martin Reeder, AICP DEPARTMENT: PI g / C. • Attorney. PHONE: 619-336-4313 APPROVED BY: EXPLANATION: The City Council considered the introduction of an Ordinance amending Title 18 (Zoning) Chapter 18.47 of the National City Municipal Code pertaining to Signs and Outdoor Advertising Displays at their meeting of March 1, 2016. The Council made changes to two sections of the Ordinance related to the individual size of signs during the election period and the height of flag poles on no -residential properties. The attached strike- through/underline Ordinance (changed sections only) shows the previously -modified language and the most recent changes made by Council. Staff provided a report of the most recent changes to the Planning Commission on March 7, 2016, as required by the Government Code, at which time the Commission filed the report, recommending approval of the changes proposed by the City Council. The attached Ordinance should be introduced to continue with the amendment process. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: Exempt from CEQA under section 15061(b)(3) — general rule. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Intrduce the Ordinance BOARD / COMMISSION RECOMMENDATION: NIA ATTACHMENTS: 1. Previous strike-through/underline version of modified sections (§18.47.060, §18.47.080, §18.47.160) 2. Current strike-through/underline version of modified sections (§18.47.060, §18.47.080) 3. Ordinance for introduction 18.47.060 Signs Exempt From Sign Permit Requirement. A. Residential Signs. All legal residential dwelling units are allowed a defined maximum cumulative display area, which is available at all times, subject to: 4. Maximum display area: 16 square feet per parcel per frontage at all times; except that during the Election Period, when there shall be no limit on the maximum display area. . The maximum display area is the cumulative total of all signs that are subject to the area limit. Not included within with the cumulative total: indicators of street address and occupants' name(s), visual images mounted on the ground (i.e., door mats); 5. Maximum sign size: 6 square feet per sign at all times; except during the Election Period when the maximum individual sign size is 16 square feet. The maximum sign size is the maximum square footage allowed for an individual sign. 18.47.080 Permanent Signs. D. Flags. On residential land uses, a total of 24 square feet of flag area may be displayed at any and all times; on non-residential land uses, there shall be no limit to the allowable a totol „f 40 s,,, are feet of flag area that may be displayed at any and all times. The number of flag poles is limited to cumulative linear footage as follows: 25 feet on residential lots and 35 feet on all other parcels or lots. Flag poles intended for permanent use are subject to appropriate building permits. 18.47.160 Enforcement and Removal. E. Notice of Violation. Whenever any sign or part thereof, other than those causing an immediate threat to the public health and safety, constitutes an illegal sign and/or is erected or maintained in violation of this Chapter, the Director shall give written notice to all Responsible Parties to remove the sign or to bring it into compliance. The notice shall specify the nature of the violation, and give directions for a cure, which may include complete removal or replacement by a specific date. The notice shall advise the permittee, owner, or person in charge of the sign of the hearing rights established by this Chapter. The date for removal specified in the written notice shall not be less than ten (10) days from the date of the mailing of the notice for permanent signs; and, the date for removal specified in the written notice for temporary signs shall not be less than seven (7) days from date of the mailing of the notice. The responsible party receiving notice may request a hearing as detailed in 18.47.050. i 18.47.060 Signs Exempt From Sign Permit Requirement. A. Residential Signs. All legal residential dwelling units are allowed a defined maximum cumulative display area, which is available at all times, subject to: 4. Maximum display area: 16 square feet per parcel per frontage at all times; except that during the Election Period, when there shall be no limit on the maximum display area. The maximum display area is the cumulative total of all signs that are subject to the area limit. Not included within with the cumulative total: indicators of street address and occupants' name(s), visual images mounted on the ground (Le., door mats); 5. Maximum sign size: 6 square feet per sign at all times; except during the The maximum sign size is the maximum square footage allowed for an individual sign. 18.47.080 Permanent Signs. D. Flags. On residential land uses, a total of 24 square feet of flag area may be displayed at any and all times; on non-residential land uses, there shall be no limit to the allowable flag area that may be displayed at any and all times. On residential lots, the number of flag poles is limited to a cumulative linear footage of 25 feet; on non-residential lots, the cumulative linear footage shall be limited to the maximum height allowed in the zone in which the property is located, follows: 25 feet on residential lots and 35 feet on all other parcels or lots. Flag poles intended for permanent use are subject to appropriate building permits. 2 CC/CDC-HA Agenda 3/15/2016 — Page 96 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving a Conditional Use Permit for a wireless communications facility at 116 National City Blvd. (Applicant: Verizon Wireless) (Case File 2015-15 CUP) (Planning) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 15, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving a Conditional Use Permit for a wireless communications facility at 116 National City Blvd. (Applicant: Verizon Wireless) (Case File 2015- 15 CUP) PREPARED BY: (Martin Reeder, AICP hicDEPARTMENT: Pia• n PHONE: 336-4313 APPROVED BY: p- / EXPLANATION: The City Council conducted a public hearing on this item at the March 1, 2016 City Council meeting. Council asked staff to return with a resolution of approval, including added conditions addressing the continual maintenance of proposed landscaping and the abatement of all existing Code violations. Conditions 21 and 22 have been added in this regard. The attached resolution is needed to take action on the item.; FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 3 Section 15303 (New Construction or Conversion of small structures) ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Resolution CC/CDC-HA Agenda 3/15/2016 — Page 98 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) awarding a contract to Fordyce Construction, Inc. in the not -to -exceed amount of $325,285.00 for the Las Palmas Park Municipal Pool/Camacho Gym/Fire Station 31 Improvements Project, CIP No. 1 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 15, 2016 ITEM TITLE Resolution of the City Council of the City of National City, 1) awarding a contract to Fordyce Construction, Inc. in the not -to -exceed amount of $325,285.00 for the Las Palmas Park Municipal Pool/Camacho Gyrn/Fire Station 31 Improvements Project, CIP No. 16-02; 2) authorizing a 15% contingency in the amount of $48,792.75 for any unforeseen changes; 3) authorizing the Mayor to execute the contract; 4) authorizing the appropriation of $16,068.76 in the Fire Department D F CIP account from the Fire Department DIF fund balance and appropriation of $34,500.00 in the Aquatic Center CIP account from the General Fund fund balance to supplement existing appropriations. AGENDA ITEM NO. PREPARE p Y: Jose Lopez, Civil Engineering Tech. PHONE: 619-336-4312 EXPLANA t S.7t, See attached. FINANCIAL STATEMENT: ACCOUNT NO. OEPARTMENT: Engineering/Public Works APPROVED BY: APPROVED: L1.444..4.4 Finance APPROVED: 001-409-500-598-4133 (Las Palmas Park improvements): $175,015.00 001-409-500-598-1609 (Fire Station 31 Improvements): $80,000.00 325-409-500:-598-1217 (Fire Department DIF): $35,770.00 001-409-500-598-3816 (Aquatic Center): $34,500.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: J FINAL ADOPTION: MIS STAFF RECOMMENDATICON: Adopt Resolution awarding a contras o ro d c Construction, no i o. - 2 _ # ...r-_;._� E ,.,. ;, thc ,:o: �::-G::C��` amount of �:��,2&`s.0v for V-ie Las PaEnIas Ptttk MFtrrkFpe€ Pnop./ amacho Ciym Rre Stator: 31 Improvements Project, CIP No. 16-02. BOARD / COMMISSION RECOMMIT' NIA ATTACHMENTS: 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution EXPLANATION The project represents Phase I of refurbishments to the National City Municipal Pool, Camacho Recreation Center and Fire Station 31. On February 4, 2016, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On February 8, 2016 and February 15, 2016, the bid solicitation was advertised in local newspapers. On March 1, 2016, three (3) bids were received electronically on PlanetBids by the 1:00 p.m. deadline. Bid results were available immediately after the 1:00 p.m. deadline. Fordyce Construction, Inc. was the apparent lowest bidder with a total base bid plus additive bid amount of $551,943.50, as the basis of bid award. Upon review of ali documents submitted and reference checks, Fordyce Construction, Inc.'s bid was found to be responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Therefore, staff recommends awarding a contract to Fordyce Construction, Inc. in the not -to exceed amount of $325,285.00, which includes the following: Combined Base Bid amount of $261,275.00 o National City Municipal Pool - Improvements to the office/showers and pool equipment buildings, and security lighting upgrades; o Camacho Recreation Center - Replacement of exterior doors, replacement of roof mounted power ventilators, refinishing the gymnasium floor, roof repairs, stucco and drip screen repairs, skylight waterproofing, and re -grading turf area for drainage; o Fire Station 31 - Bathroom repairs and upgrades, provide and install new portable gas grill, removal of the planter area and replacement with asphalt pavement, replacement of HVAC units, and painting of the building exterior. • Additive Bid Line Item 32 in the amount of $18,500.00 - removal and disposal of the bungalows in parking lot near Aquatic Center; restripe the adjacent parking lot as needed. ▪ Additive Bid Line Item 33 in the amount of $18,000.00 - remove temporary rneter and replace with permanent stainless steel electric meter pedestal with breaker panel; meter provides service to dock pumps and security cameras for Aquatic Center. Additive Bid Line Item 34 in the amount of $12,250.00 - install fence enclosing the Children's pool equipment at the National City Municipal Pool. ® Additive Bid Line Item 35 in the amount of $2,700.00 - install gate enclosing the Children's pool equipment at the National City Municipal Pool. Additive Bid Line Item 40 in the amount of $11,560.00 - remove and dispose of existing sink, provide and install new silestone countertop and stainless steel sink at Fire Station 31. Additive Bid Line Item 41 in the amount of $3,000.00 - remove and dispose of existing backsplash, provide and install new silestone backsplash at Fire Station 31. Staff also recommends authorizing a 15 / contingency in the amount of $48,792.75 to address any unforeseen conditions that may arise. Attached are the bid opening summary sheet and a line item summary of the three lowest bidders for reference. BID OPENING RESULTS NAME: LAS PALMAS PARK MUNICIPAL POOL/ CAMACHO GYM/ FIRE STATION 31 ITYPROVEMENTS CIP NO: 16-02 DATE: Tuesday, March 1, 2016 TIME: 1:00 P.M. ESTIMATE: $475,000 PROJECT ENGINEER: Stephen Manganiello BIDDER'S NAME BASE BID ADDITIVE BIDS GRAND TOTAL* BIDNO. SECURITY BOND 1 Fordyce Construction, Inc. 9932 Prospect Ave #138 Santee, CA 92071 $261,275.00 $290,668.50 $551,943.50 Bond 2 Vasquez Construction Company 3009 G Street San Diego, CA 92102 $282,111.45 $359,247.47 $641,358.92 Bond ,� SWCS, Inc. 11653 Riverside Dr. Ste. 153 Lakeside, CA 92040 $376,675.25 $295,617.13 5672,292,38 Bond * If an additive, alternate or additive/alternate bid items are called for in the Contract Documents, the sum of the base bid and all additive, alternate and additive/alternate bids, if any, shah be used to determine the lowest responsive bid. r I a� Palmas Park BNunicipaI Pool Camacho Gym/Fire Station 31 Improvements Project (CIP No. 16-02) _ - - - Fordyce Cottstr_,ctitr,, tire. it tcttortstructiork Co rapany Extension (Quantity x Unit Price) SWCS, Inc Item No, Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Unit Price Extension (Quantity x Base Bid -Las Palmas Pool and Camacho Gym 1. Mobilization/Demobilzation for Las Palmas Pool and Camacho Gym LS 1 $5,000.00 S,000.00 $34,881..00 $34,881.00 $32,500.00 $32,500.00 2 Remove and Replace 2"x 8" Facia on East side of shower building LF 235 $21.00 $4;935.00 $13.10 $3,078.50 $9.00 $2,115.00 3 Replace flashing at easterly eave at fascia replacement and repair roof arid connection to flashing LF 235 $43.00 40," )5.00 $27.00 $6,345.00 $14.25 $3,348.75 4 Remove and replace deficient 1".x5" T&G eave SF 265 $18.50 _ 54, 902.50 $16.32 $4,324.80 $42.72 $11,320.80 5 Paint fascia and eave of easterly side of administrative/shower building LS 1 $11,200.00 $11.1,200.00 $3,590.00 $3,590.00 $3,952.00 $3,952.00 6 Repair rafters on easterly side administrative/shower buildings, EA 10 $110.00 !.,100.00 $17.13 $1,711.30 $728.00 $7,280.00 7 Replace gas pipe in pool equiprneit (acid) room LF 20 $60.00 =,200.00 $382.50 $7,650.00 $286.00 $5,720.00 8 Provide and install new power .ventilator in pool equipment room L.S 1 $7,000.00 ~ 7,000.00 $1,271.00 $1,271.00 $5,164.00 $5,164.00 9 Remove and Replace pool overhead flood lights EA 15 $2,200.00 S 33,000.00 $840.00 $12,600.00 $2,434.00 $36,510.00 1.0 Remove and replace pool security lights. EA 5 $2,500.00 S12.500.00 $750.00 $3,750.00 $3,504.00 $17,520.00 11 Repair doors at Camacho Gym EA 3 $1,000.00 _ S3,000.00 $1,000.00 $3,000.00 $1,200.00 $3,600.00 12 Refinish/restripe Camacho Gym wood floor SF 7335 $3.50 525,672.50 $3.11. $22,811.85 $4.82 $35,354.70 13 Replace powered roof vents at Camacho Gym EA 2 $5,300.00 $10,600.00 $7,680.00 $15,360.00 $1,125.00 $2,250.00 14 Regrade around northerly and easterly sides of Camacho gym and remove PCC mow curbs LS 1 $5,700.00 $5,700.00 $8,000.00 $8,000.00 $10,200.00 $10,200.00 15 Repair roof over Camacho Facilit, (minimum 25 square foot repair each) SF 500 $12.20 $6,400.00 $9.00 $4,514.00 $12.80 $6,400.00 Bid Results fcl ],as Palmas Park Municipal Pool/Camacho Gym/Fire Station 31 Improvements Project (CEP No,.16-02) Fordyce Construction-, il;'�. Vas£1 ii eZ'C8t°tstruCtion Company SWCS, Inc Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 16 Reseal roof penetrations at Carna.cha Facility (excluding gym skylights) LF 100 $21.00 52,100.00 $15.00 Mill $1,500.00 $17.00 $1,700.00 17 Repair and waterproof Camacho Gym skylight connections to roof EA 6 $100.00 5600.00 • $300.00 S1,800.00 • $1,982.00 $11,892.00 18 Repair drip screen and stucco around Camacho Gym building LF 100 $61.00 6110.011 $46.00 <4,600.00 $29.80 $2,980.00 19 Provide and install new continuous operation ventilation fan and approximately 12 feet of new power conductors and conduit in the acid room L5 1 $3,000.00 „; $1,500.00 $1,500.00 $3,100.00 $3,100.00 Subtotal $1.-i3,8.5..00 $202,907.25 $142,273.45 Base Bid -Fire Station 31 20 Mobilization/demobilization for Fire Station 31 LS 1 $4,000.00 $4,0000.00 $34,880.00 $34,880.00 $29,560.00 $29,560.00 21 Mens' Bathroom: Repair tile; clean, repair and seal grout; replace shower door in kind; repaint ceiling white; replace register to match; replace fan/light with .moisture sensing fan controiled fan/light LS 1 $10,300.00 $10,300.00 $6,356.00 $6,356.00 $12,250.00 $12,250.00 22 Meng' Bathroom: Replace double sink with Silesl:one countertop with integrated doubie sink and resinstall with existing faucets LS 1 $4,400.00 S4,400.00 $7,408.00 $7,408.00 $12,950.00 $12,950.00 23 Remove and replace all interior ceiling fourescent lights with led light fixtures EA 41 $460.00 S18,86O0O $524.00 $21,484. 0 $528.00 $21,648.00 24 Provide and install portable gas grill LS 1 $9,800.00 r9,8O0.0C $6,540.00 $6,540.00 $2,500.00 $2,500.00 25 Remove planter at easterly property line and replace with AC, PG 6410 C2 mix LS 1 $7,600.00 ;�7,600.00 $6,200.00 $6,200.00 $16,450.00 $16,450.00 26 Replace rooftop HVAC unit EA 2 $9,900.00 $.19,840.00 $5,821.00 $9,500.00 $19,000.00 .$11.642.00 Bid Results for Las Palmas Park Municipal Pool/Camacho Gym/Fire Station 31 Improvements Project (CIP No. 16-02) Fordyce Construction, inc, .1.1_ Company SWCS, Inc Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantityx Unit Price) Unit Price Extension (Quantity x Unit Price) 27 Remove exterior wood trellis and ledger and patch stucco to match existing LS 1 $1,000.00 $1,000.00 ' $3,500.00 $3,500.00 $9,950.00 $9,950.00 28 Prepare, patch and paint exterior stucco and trirn LS 1 $10,600.00 j 10,600.00 $22,844.00 $22,844.00 $28,980.00 $28,980.00 29 Prepare and paint ceiling throughout the fire station interior LS 1 $8,600.00 8.600.OU $6,484.00 $6,464,00 $7,980.00 $7,980.00 Subtotal $94,960.00 $127,338.00 $161,288.00 Base Sid 30 Field Orders IAl_ 1 $10,000.00 $10,000.00 $10,000.00 $7.0,000.00 $10,000.00 $10,000.00 31 Building Permit Fees Reimbursment Allowance �AL 1 $2,500.00 $2,500.0i> $2,500.00 $2,501100 $2,500.00 $2,500.00 Subtotal $12,500.00 $12,500.00 $12,500.00 Combined Base Bid $261,275.03 $282,111 <45 $375,675.25 Additive Bids 32 Demolish and dispose or remove the Bungalows at Pepper Park parking lot and restri pis the adjacent parking lot missing striping. LS 1 $18,500.00 ,518,500.00 $24,581.00 $24,581.00 $26,580.00 $26,580.00 33 Remove temporary meter and replace with permanent stainless steel electric meter pedestal with breaker panel at Pepper Park parking lot planter per SDG&E and CBC requirements LS 1 $16,000.00 i .M0A0 $14,705.00 $14,705.00 $14,950.00 $14,950.00 34 Childrens' Pool equipment fencing LF '70 $175.00 $12,250.00 $184.36 $12,905.20 $180.00 $12,600.00 35 Childrens' Pool equipment 36"Gate EA 1 $2,700.00 $2,700.00 $3,073.00 $3,073.00 L $1,200.00 $1,200.00 36 Remove old and provide and install new pool underwater LED lights EA 26 $1,250.00 $32,500.00 $1,123.00 A',,?,98.00 $1,352.00 $35,152.00 37 Install decking surface in pool areas SF 28144 $6.00 $1.AM64.00 _ $8.21 ';23'(,OS2.24 $6.07 L$170,834.08 Bid Results for Laa Palmas Parlz Municipal Pool Camacho Gym/Fire Station 31 Improvements Project (CIP No. 16-02) ciasiVel cofistiuetLon Fordyce Construction, Inc. Company SWCS, Inc Item No. I Description i Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 38 Install decking surface in omen's clanging area and showers NSF 2150 $6.30 $13,545.00 $8.60 $18,490.00 $6.07 $13,050.50 39 Install decking surface in women's changing area SF 1865 $6.30 511,749.50 $8.60 $16,039.00 $6.07 $11,320.55 40 Remove and dispose of old an provide and install new silestone countertop and sta nIess steel sink LF 17 $680.00 .11,560.00 $332.59 $5,654 03 $390.00 $6,630.00 41 Remove and dispose of old and provide and install new silestone backsplash SF 30 $100.00 53,000.00 $118.00 $3,5411..00 $110.00 $3,300.00 Additive Bids Total $290,668.50 $359,247.47 $295,617.13 Summary Base Bid Base Bid -Las Palmas Pool and Camacho Gym 151.Uil.r0 $142,273A $202,907.25 Base Bid -Fire Station 31 $94,960.00 $127,338.i;;: $161,268.00 Base Bid $12,500-00 $12s500." !-3 $12,500.00 Combined Base Bid $261,275.00 $282,111.45 $376,675.25 Combined Base Bid Awarded $261,275.00 $282,111.45 $376,675.25 Additive Bids Additive Bid Line Item 32- Remove Bungalows at Pepper Park ;_ u- _;1 ,a `00,00 $24,581.00, $26,580.00 Additive Bid Line Item 33- Stainless Steal Fvletyr Pedestal at Pepper Park $16,000.00 $14,705.00 $14,950.00 Additive Bid Line Item 34- Childrens' Pool equipment fencing $12,250.00 $12,905.20 $12,600.00 Additive Bid Line Item 35- Childrens' ')col equipment 36"Gate $2,700.00 $3,07340 $1,200.00 Additive Bid Line Item 36-Remove old and provide and install new pool underwater LED lights $32,500.00 $29,198.00 $35,152.00 Additive Bid Line Item 37- Install decking surface in pool areas $168,864.00 $231,062.24 $170,834.08 Additive Bid Line Item 38- Install decking surface in men's changing area and showers $13,545.00 $18,490.00 $13,050.50 Additive Bid Line Item 39- Install deckirg surface in women's changing area $11,749.50 $16,039.00 $11,320.55 Bid Results far [Lai Palmas Park Municipal Pool/Camacho Gym/Fire Station 31 Improvements Project (CIP No. 16-02) Fordyce ConstructIon, inc. ° asquer Constr uct o n Company A SWCS, Inc !tern No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantityx Unit Price) Unit Price Extension (Quantityx Unit Price) Additive Bid Line Item 40-Provde and install new countertop and stainless steel sink $11,560.00 S5,654.03 $6,630.00 Additive Bid Line Item 41- Provide ani Vista!! new silestone backsplash $3,000.00 $3,640.00 $3,300.00 Additive Bids Total $290,668.50 $359,247.47 $295,617.13 Additive Bids Awarded* $64,010.00 $64,458.23 $65,260.00 Grind Total (Combined Base Bid plus Additive Bids Total) $551,943.50 $641,358.92 $672,292.38 Gran Total Awardez:! KontbinGd Binse E,id Awarded plus Additive Bids Awarded) $325,285.00 $346,56 .38 $4r41,935.25 * Additive Bids Awarded include Additive I3id Line Item #'s 32, 33, 34, 35, 40 & 41. CC/CDC-HA Agenda 3/15/2016 — Page 108 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — Easter Egg Scramble sponsored by Cornerstone Church of San Diego at Las Palmas Park on March 26, 2016 from 9 a.m. to 12 p.m. with no waiver of fees. (Neighborhood Services) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 15, 2016 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit — Easter Egg Scramble sponsored by Cornerstone Church of San Diego at Las Palmas Park on March 26, 2016 from 9 a.m. to 12 p.m. with no waiver of fees. PREPARED BY: 'FDior sia Trejo DEPARTMENT PHONE: k619) 336-4255 APPROVED BY EXPLANATION: This is a request from the Cornerstone Church of San Diego to conduct`an Easter egg hunt at Las Palmas Park on March 26, 2016 from 9 a.m. to 12 p.m. Set up for the event will commence at 6:00 a.m. on the day of the event. This event will include an Easter egg hunt for appropriate age groups, face painting, music stage with monitored sound system and eating areas with tables and chairs. Free games will be provided. ood Services Department The applicant is not requesting the use of the City's stage and will provide their own security for this event. The applicant is requesting to post a banner size 5x10 at Las Palmas Park on March 16, 2016 to help promote the event. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: virs City fee of $237.00 for processing the TUP, plus $200.00 for the Fire Inspection and Public Works $465.80. Total fees: $902.80 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: IApprove the Application for a Temporary Use Permit subject to compliance with a!i conditions of approval. j BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS Application for a Temporary Use Permit with recommended approvals and conditions of approval. Event Title: Event Location: LAC Tat ' Event Date(s): From it<to Actual Event Hours: to Total Anticipated Attendance: 2 Setup/assembly/constructionDate: 3 Please describe = scope of your se Fassem TE .. of Eves Public Concert Fair Festival .r Parade Demonstration Ej Circus Motion Picture Grand Opening . Other P14 SOritiftthi Community event Block Party tiG0 Partidpantsl oop Spectators) Start time: 0 4irn Ai Hs): SG ( ENsmantle Date: 3 Time:. -Mgr List any street(s) requiring closure as a resuU of this event. Indude street narr+ee(s), day and time of closing and day and time of reopening. 1.111s ill( I tivifion + pari- Vi4 9fro d Vie, a-FfecArof 11! .. O. alA 9 P+4t Sponsorirrg Organization: LOB' ‘icw th4LYth o f a h D of l) Chief Officer of Organization (Name 5 10IA:uric Addres �A5 aitt 1e Daytime Phone: s: W�ri✓ Tame): Name): _ N a q Who* CI veeg hone: (4' i Fax: E Mail: Contact Person on site" day of the event %ice iktykriira NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 �' :;• w i { i L 1 .•. .'1',M -. 6 ! 4 , ++4 °L- •z "1.. •a,a.{t i"f.• {', t . r-' f , 4+ .xr +( 4,-` rJ 1. *A. _4 w _ 1 .� . — -rt. J+ y 1I' ,t y r- F -.�.� h' r .- - x? a - '4 4 ' • " - " fad J . - 1 '.� ._d..r r:.„',1. r.'.-Q ....t.. •-J, ...J1e�; ` ,.r., . .'. .t-rt-.,.t., 7. i r•41 t Is your organization a 'Tax Exempt, nonprofit" organization? OYESDNO Are admission, entry, vendor or participant fees required? DvEsNo If YES, please explain the purpose and provide amount(s): $ 0 Estimated Gross Receipts induding 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? 7 '. 31, :' .• 'rya ,� Y , . , ►,..�.,,,,�+��k.".+r elrV.+� iM �i1+rM':•ti'-.�" t� ate+ ~ «�L•. .rt. ,.,'- _- .ram- �3L=+-=^are•rf 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 a * e ut the eve t. a df ct ac a aI r►�. ge RAY , r\v i1C 'Or ' ,' ' ku t (�,�, t s rtd t1C� . f aeeaG ]S�j a C. amens c 1% !a it � ❑YES �1 LINO If the event involves the sale of cars, will the cars comxdusively National City car dealers? If NO, list any additional dealers involved In the sale: 1kES /�N�O Does the event involve the sale or use of alcoholic beverages? EYES NO W I items or services be sold at the event? If yes, please describe: orc, c Q Ctli f l(`iiit t J V 2 ❑YE O Does the event Involve a moving route of any kind along streets, sidewalks or highways? If YES attach a de tailed map of your proposed roofs indicate the direction of travel, and prop;fie a written narrative to explain your route. YES ONO Does the event involve a fixed venue site? If YES, attach a detailed site map showing ail streets impacted by the event. 1..YES O NO tics the event valve rite tie of tents or canopies? Ef YE$: lumber of tent canopies Sizes tog. i 0 NOTE: A separate Fire Department permit is required for tents or canopies. YESDNO Withe eve t invo}v the use of I or o tags PA swam?. SPECIFY: mir 9 Q rT� ltil 1.110M Win , f tg(' in addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: mufti Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession : « •nor ood Preparation areas. Please describe how food will be served at the event: s P V� if you intend to cook food In event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): 0 Portable and/or Permanent Toilet Fadlities Number of portable toilets: (1 for every 250 people is required, unless the applicant can w that th are facilities in the imm to area available to the public during the event) Tables #band Chal a # ¶ 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 Solding, bleachers, platforms, stages, grandstands or related structures Vehicles end/or trans 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 dears condition.) Number of trash cans: Le Trash containers with Hds: 0 Describe Your plan for clean-up and removal of waste and garbage during and after the event 3 by 71 +r i ,r A, a=/4411h't` �f ''�rPw.-' { F. iM;•" fir- : t � �u A q • lr ' { ` • lAur.' �� ' F d .. I�i ,e I h -Aq re �S . 1 �t �h "tom. j-+ et A i' kc�t # k 1 f r Yr� 1A 1�14"A ii��«« i/r irr Y..rvtG w .1*b-lr +F• • ,+ ' L:3ttC rra. fF "+`� M i�"a9.li«*w'1 --iAAG� A"�� AM Hti, �.�'.�..•�.,�.1,+��-w.++�h-k�a�j=1 kIn7X#4W9 ..:r. L � .r .�,f �"_ *- A•}# :.fir-t�MA Aid•�•'S '�i —_ - Please describe your procedures Or bath Crowd Control and internal scarify: OYES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YESENo 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: PIe Lew indi = to wh = t -.+ = .,.: ment,. • u ave wade r A • idi . First A' • Staffin, an • quipment. 1 /,Ai . ►. O'1 c" it .Aril Pent i iA sstbil' r ia!Ji coliesttT Mr Please 4 To, Please descn event: ityour ent b i iv ua s with isabilities: L l[� � A ^EIA,• t be your pin r ©lSA l ttl: PARKING r,t iwth(Ichat lid 16 your plans to -notify all residents, businesses and churches impacted by the rs, vidiv NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. 4 ASf ,'st 4SZ" 414. .11t . r.4 MPY � � }'•Y+ar ri'"r"fivp r • ,. aM',r tali �... iir ro Fief EYESDNO €irs there any I'iE Sir i +miryeinment f uras . related to your event? If YES, please state the number € f stages, number of bands and type of music. Number of Stages: 0. Number of Bands: Type of Music: C AtiriC+1 an �f i/ K 1)6 YES ONO WiII sound am • ` lion be used? if YES, ple indicate: Start time: I Finish Time 0YESEI NO Will sound checks be conducted prior to the event? if YES, please indicate: Start time: Si a rA Finish Time II_ Please describe the sound equipment that will be used for your event: Sp `c, Six c3�, C*b, i h� c a h4 t114t‘ti‘i OYES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: NYESDNo Any signs, banners, decorations, special lighting? If YES, please describe: V.V4 ViltiNfC • at Ch Vi ittC r YC O , Two& elok sets F4Ivnim iftt, On kaildh Ili% 10 tketp lam*, -wan Diu u%camsg 10 5 City of National City PUSLIC 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 arid to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit Organization , CO krri.orCivIle CkV IrckOf- San Died-0 Person in Charge o Activity 1" A\ cZaMk �-6 Z q ;, e -h k. ia\i, 1 G t 161;6 Address Telephone f V 1i2' ; 133 3Date(s) of Use!)j2'2J) D 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. Signature of Applicant Official Title Date For Office Use only Certificate of Insurance Approved Date 6 6 C`i OF NATIONAL .. it NEIGHBORHOOD SEAS DEPARTIVIENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Cornerstone Church of San Diego EVENT: Eat Egg Scramble DATE OF EVENT: March 26, 2016 TIME OF EVENT: 9 a.m. to 12 p.m. APPROVALS: COMMUNITY SERVICES RISK MANAGER DEVELOPMENT SERVICES PUBLIC WORKS FINANCE FIRE POLICE CITY ATTORNEY YES j I NO [ ] YES .[x] NO [. ] YES [ ] NO [ ] YES [x] NO [ I YES[x] NO[ ] YES Ix] .NO[ I YES [ x ] NO [ ] YES[x] NO[ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL RISK MANAGER (619) 336.4370 • Provide a valid copy of the insurance certificate wherein the City of National City is a named insured. o That the insurance policy provide a hold harmless and indemnification agreement which must have a combined single limit of no less than $1, ,00O 0O (ONE MILLION DOLLARS) that would cover the date of the event. o That the insurance company issuing the insurance policy must have a A.M. it's Guide Rating of A:VII and that theinsurance company is a California admitted company; if not then insurance policy must be submitted to the Risk Management Department for review and approval prior to the issuanc c of the Temporary Use Permit. $ Provide en Additional Insured endorsement naming the City of National City, its officials, agents and employees as an additional insured. a The Certificate Holder must reflect: City of National City . . Risk Management Departrnent 1243 dal City Boulevard National City, CA. 91950 Name, address and contact information for the broker providing this Insurarioe policy. 8 PUsuc WORKS (619) 3364580 PARKS DIVISION 1, The applicant dose not request the use of the City's PA system. Therefore, no PA system will be provided. 2. The applicant dose not request the use of the City's stage. Therefore no stage will be provided. 3. One staff will work the event to clean the restroorns and litter control overtime rate is $46.58 per hour. 10 hours = $465,80. 4. The Baseball fields will not be available, Little League will be having games. FINANCE Food Vendors must have a Business License and Health Permit. FIRE (619) 336.4550 A $200.00 fee will be required for after hour inspection Stipulations required by the Fire Department for this event are as follows: 1) Access to the area to be maintained at all times, entrances and emergency roadways 2) Fire Department access into and through booth areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 5 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 vehicles) 6) Provide a 2A:10BC fire extinguisher at stage area. Extinguisher to be mounted in a visible location between 3 41to 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. See Attached 9 7) internal combustion power sources that may be used for inflatables, shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted only when the ride is not in use 8) internal combustion power sources shall be isolated from contact with the public by either tiy_s ca! ,_guards, fencing or an enclosure. Internal combustion power shall be at least 20 feet away stage area 9) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only 10) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all rides, cooking areas, game booths, etc. 11) if tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square feet shall be $200.00 it Tents having an area more than 201 square feet shall be $400.00 • Canopies having an area from 0-400 square feet shall be no charge. • Canopies from 401-500 square feet shall be $250.00. • Canopies from 501-600 square feet shall be $300.00. • Canopies from $601.00 or greater shall be $400.00. • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly. • Tents shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council. 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 gents or canopies unless the tents or canopies meet State Fire Marshal approval for cooking. See Fire Marshal for required explanation 12) Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides and shall not be located within 10 feet of tents or canopies. 13) All cooking booths or areas to have one 2A:10BC fire extinguisher. If grease or ail is used in cooking a 40:BC or class "I(" fire extinguisher will be required. See Fire Marshal for required explanation. All fire extinguishers to have a current State Fire Marshal Tag attached. 14) First Aid will be provided by Cornerstone Church of San Diego personnel. 10 15) Fire Department fees can only be waived by City Council. 1 B) Provide clear map of set-up. 17) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($200.00) dollars. POLICE The police have no stipulations for this event. On duty -officers will be asked to stop by and provide extra patrol and assist as needed. 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 11 CC/CDC-HA Agenda 3/15/2016 — Page 121 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit National City Public Safety Fair hosted by the National City Police Department, Fire Department and Westfield Plaza Bonita on April 16, 2016 from 12 p.m. to 4:30 p.m. at 3030 Plaza Bonita Road. This is a National City sponsored event CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 15, 2016 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit — National City Public Safety Fair hosted by the National City Police Department, Fire Department and Westfield Plaza Bonita on April 16, 2016 from 12 p.m. to 4:30 p.m. at 3030 Plaza Bonita Road. This is a National City sponsored event per Council Policy No. 804. PRLe :RED BY: Dionisia Trejo 5j PHONE: 1(619) 336-425 EXPLANATION: This is a request from the National City Police Department to conduct the National City Public Safety Fair at Westfield Plaza Bonita Mall located at 3030 Plaza Bonita Road on April 16, 2016 from 12 p.m. to 4:30 p.m. This event consists of law enforcement and public safety displays, with promotional and safety materials. A helicopter will land in a designated area as part of the display, and public safety vehicles will also be displayed. Applicant has partnered with other organizations that will be providing ongoing services during the Safety Fair such as child Safety Seat inspections, NCPD Child ID cards, and Child Safety town. DEPAit MENT: Neigh!) ,00d '-rvices Department APPROVED BY: The National City Police Department will be on hand for all security surrounding the event along with mall security staff. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: City fee of $237.00 for processing the TUP through various City departments. Total fees: $237.00 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION: �N1�4 ATTACHMENTS )Application for a Temporary Use Permit with recommended approvals and conditions of approval. Finance MIS Type of Event: Public Concert YJC Fair Festival _ Community event _ Parade _ Demonstration ~ Circus _ Block Party Motion Picture Grand Opening — Other Event Title: National City Public Safety Fair Event Location: Westfield Plaza Bonita 3030 Plaza B*41ral Road Event Date(s): From 4/16/16 to 4/16/16 Actual Event Hours: 12:00 am/2m to 4:30 am/I Total Anticipated Attendance: 3000 (( 100 Participants 20000 Spectators)) Setup/assembly/construction Date: 4116/16 Start time: 10 a.m. Please describe the scope of your setup/assembly work (specific details): Vendors. entertainment for kids. showcasing at tables, tents. emergency services demos. Dismantle Date: 4/16/16 Completion Time: 5:30 am/gym • 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 CLOSURES AND- sposspm " GANIzATtot4.100pRMAT: Spoi or ng Grga ,.;=.aeon: _National City Police Dept, National City Fire Dept. and Westfield Plaza Bonita Chief Officer of Organisation (Name)_Police Chief Manuel Rodriguez Applicant (Nsme): NCPD—Pollee Officer Salvador Gil Address: 3030 Plaza Bonita Road Daytime Phone: (619) 336-4425 Evening Phone: (619) 600-6535 Fax: (619) 336-4536 E-Mail: _ s . " nalena leidyeaa,gov Contact Person "on site" day of the event: Salvador Gil Cellular: (619) 600-6535 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit' organization? XX YES X NO Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): N/A YES XXNO $ 0.00 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 437.00 Estimated Expenses for this event. $ 0.00 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? 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. The National City Police Dept. and the fire Departments will be hosting a "Public Safety Fair" on Saturday, April 16t, 2016. The event will take place at the Westfield Plaza Bonita Mall parking lot between 12:00 p.m. to 4:30 p.m. The location will allow us to reach out to more than lust National City families. The day's events which are going to be spread out throughout the day are intended to showcase the South Bay's emergency service resources to National City families, Mall shoppers, Media and will consist of both static displays and live demonstrations (helicopter landing, meet and greet with pilots. K-9 demo, NCPD SWAT assault of school bus). We also have partnered with other organizations that will be providing ongoing services during the Safety Fair such as child Safety Seat inspections. NCPD Child ID cards, Bike rodeo (teaching bike safety to kids), NCFD simulator fire trailer. sidewalk CPR. water safety. after school activities, and various other exhibitors. Here is the list of the day's events and the demos we would like to showcase: 12:00 12:00-16:15 12:30 12:45-3:00 Start of the Safety Fair and Exhibitors Child Safety Seat Inspections & Exhibitors NCPD Motors Demo Bike Clinic/Rodeo 2 1:00-1:45 1:30 2:00 2:30 3:15 3:40 4:10 4:30 Live Helicopter landing & meet and & greet with pilots NCPD K-9 Demo Helicopter Departure NCFD Jaws of Life vehicle extraction Demo NCPD K-9 Demo SWAT Demo NCPD Explorers Demo End of event _ YES X NO if the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: N/A Here is the list of the exhibitors who will be attending the fair: 1 Safe Routes to School / Hub & Spoke 2 NCPD MOBILE COMMAND VEHICLE 3 NCPD SWAT 4 NCPD Recruiting 5 NCPD SRO's / Explorers 6 NCPD ARO 7 Westfield Plaza Bonita 8 DJ 9 Pete's Coffee 10 O's American Kitchen 11 Hot Dog on a Stick 12 Special Olympics 13 Disney Store 14 FBI 15 Face Painting 16 EI Torito 17 Kiwanis Club 18 San Ysidro Health Clinic 19 Hooters 20 John's Incredible Pizza 21 National School District 22 It's Sugar 23 NC Community Services & 24 Lions Club 25 Applebee's 26 John's Incredible Pizza 27 SDCCU 28 CERT 29 S ba rro 30 NCPD Traffic trailer 31 Pacific Safety Center 32 NCFD Fire trailer 33 NCFD Engine 34 Community Development 3 YES XNO Does the event involve the sale or use of alcoholic beverages? _YES X NO Will items or services be sold at the event? If yes, please describe: NIA YES X NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. X YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. X YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 32 Sizes 10X10 NOTE: A separate Fire Department permit is required for tents or canopies. YES X NO Will the event involve the use of the gly 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: n❑Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. MI Food Concession and/or Food Preparation areas Please describe how food will be served at the event: _Free samples will be given out by mall food vendors If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL X_ OTHER (Specify): food warmers - iPortabie and/or Permanent Toilet Facilities Number of portable toilets: 12 (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) N M ables # 40 and Chairs # 100 NOT REQUESTED FROM THE CITY encing, barriers and/or barricades Caution tape to outline perimeter of the event. ® 'Generator locations and/or source of electricity YES —NOT requested from the city in Canopies or tent locations (include tent/canopy dimensions) 30 (10x10) ooths, exhibits, displays or enclosures 30 n caffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Fire engine, PD vehicles, helicopter (Other related event components not covered above ®Trash containers and dumpsters Provided by Westfield Plaza Bonita (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: 20 Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 4 Please describe your procedures for both Crowd Control and Internal Security: NCPD will have police presence in the form of officers, reserves officers and Explorers. Westfieid Plaza Bonita will have their security Personnel and off -duty officers. YES X NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: NCPD Security Organization Address: Security Director (Name): Phone: _ YES X 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: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. NCFD and AMR medics will be present to provide medical attention Please describe your Accessibility Plan for access at your event by individuals with disabilities: No special conditions needed. Event will be held in the parking lot. Please provide a detailed description of your PARKING u; i ;: Westfield Plaza Bonita has nine dedicated parking Tots and a 3 level parking structure that are used by mall patrons and will be accessible to all fair participants and mall custome. Please describe your plans for DISABLED PARKING: Existlnn desionat apnoea provided by the mall will be used and will not be affected by the fair. Please describe your plans to notify all residents, businesses and churches impacted by the event: Media release, community meetings, social media advertising. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled In the City parks. 5 X YES _ NO Are there any musical entertainment features related to your event? if YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: 0 Type of Music: Radio morning talk -show playing! variety of music from a both during the event. X YES _ NO Will sound amplification be used? If YES, please indicate: Start time: 12 amlpm Finish Time 4:30 am/pm YES X NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: amPpm Finish Time amlpm Please describe the sound equipment that will be used for your event: N/A X YES _ NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: NCPD SWAT will be using flash bang devices during the demonstration. X YES _ NO Any signs, banners, decorations, special -lighting? If YES, please describe: Directional signs, posters, and banners will be used to during the fair to orient vehicles, shoppers and fair participants. Revised 12/4/2014 City of National City 6 City of National City PUBLIC PR PERT ' USE 1 OL D I, LESS � INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of.$1,000,000 combined single limit insurance for bodily injury, and property damage which Includes the City, its °Wats; agents and employees named as addition& insuredand to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization . p& c DEp ,,n 7T— Person in Charge of Abtivity niciPbalt SAL Cell 1— Address .0 Telephone 4.sal S' —P1 bate(ss) of Use 1/4/6 HOLD HARMLESS AGREEMENT As a condition of the Issuance of a temporary use permit to conduct its activfties on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold .harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorney fees and the costs of litigation, arising out of or later to the use cf pubilo p op ty. or the activity tekon under the pemch by the permlttee or Its agents, employees or contractors. Signature of Applicant Official Tim Date /(il/6 01100 Use Only Certificate of Insurance Approved. pate 7 x 1;1 g ean\ 6111101011010.11111t4 vP•ai raja** 41111161101 inner perimeter Road . ..w.r......r+. �.+..PrIftt&alilloltelanti Mthibitor Area Safe Routes to school / Hub & .Spoke 2 NCP#? MOB LL COMMAND VEHICLE 3 r CPD3' INA NCPD Recruiting 5 NCPD SRO's / Explorers 6 NCPD ARO 7 Westfield P.iasa Bonita S DJ • F-et "s Coffee 10 do's American Kitchen 11 Hot Dog on a Stack 12 Special Olympics Disney Store .r.' 11��iO4R R .1Falt 15: Faze Painting 1$ El Torito 17 Kivianis Club sw.m.rno. ' 6 San Ysldro Heath Clinic 14 Hooters 20 John's increda'bte Paua 21 .Nat onS) Selhor44 OF trt t it's /S� Sugar.. ..t NC Commvn L.�y 1 Sgrv; 4F e iT 1a:Community Development 2.4 Lions Cub Ape's S John's incredible. Pam • SDCCU S CER`+ 29 ..Sbarro Km) TraffIc trader 31 Pacific Safety Center S2 NCFQ Fire tra 35 : NCPD Engine 34 _▪ v +N Dernonstrationna ug area -41 qiushava«1 m traria.1, raw!: • rho! 01 • m Ping Road CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: NCPD, NCFD & Westfield Plaza Bonita EVENT: National City Public Safety Fair DATE OF EVENT: April 16, 2016 TIME OF EVENT: 12 p.m. to 4:30 p.m. APPROVALS: DEVELOPMENT SERVICES YES [ ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS 1 x ] PUBLIC WORKS YES [ ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: COMMUNITY SERVICES (619) 336-4290 The Community Services Department will participate in the National City Safety Fair by hosting an informational booth and leading games and arts & craft with the participants. RISK MANAGER (619) 336-4370 Participating exhibitors are required to sign a Hold Harmless Agreement as a condition of participating in this event. FINANCE (619) 336-4330 All food vendors should have a current National City business license and a San Diego County health permit. 10 FIRE (619) 336-4550 NO INSPECTION FEE'S REQUIRED ONSITE INSPECTION WILL TAKE PLACE BY ON DUTY PERSONEL Stipulations required by the Fire Department for this event are as follows: 1) Access to the street to be maintained at all times, Fire Department connections for fire sprinkler systems, hydrants, 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 less 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 required. All fire extinguishers to have a current State Fire Marshal Tag attached. Extinguishers shall be mounted in conspicuous area Inside tent or canopy. 8) If Charcoal is being used, provide metal cans with lids and iabei "HO-T COALS ONLY" for used charcoal disposal 9) A fire safety inspection tion is to be conducted by the Fire Department prior to operations of the event to include a!! cooking areas etc. !f ap !icable 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 powerused is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only 11 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 — 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 CITY ATTORNEY Exhibitors/vendors will need to sign an agreement holding the city harmless from any claims related to their participation/exhibit. POLICE This event is organized and sponsored by the Police Department. We will provide all on duty officers, police volunteers and support personnel to provide security and safety for the event. Police will coordinate directly with Westfield Mall Security and Management on the event as to safest locations and set up for participants, customers and exhibitors. Police will coordinate with all outside agencies, City Departments and exhibitors that plan to participate including NCFD and Mall Security and Management. If assistance is required from other City Departments such as Public Works, Police will coordinate directly with their Supervisors and Personnel using normal City request and approval systems. Any cost will be approved by normal chain of command including the Captains and Chief of Police from Police Budget. 12 CC/CDC-HA Agenda 3/15/2016 — Page 135 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — 25th Annual Automobile Heritage Day Car Show & Festival hosted by the National City Chamber of Commerce at Kimball Park on August 13, 2016 from 9 a.m. to 4 p.m. This is a National City Co -Sponsored event per City Council Policy No. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 15, 2016 IITEM TITLE: Temporary Use Permit — 25th Annual Automobile Heritage Day Car Show & Festival hosted by the National City Chamber of Commerce at Kimball Park on August 13, 2016 from 9 a.m. to 4 p.m. This is a National City Co -Sponsored event per City Council Policy No. 804 PREPARED BY: Dionisia Trejo PHONE: (619), 336-4255 EXPLANATION: This is a request from the National City Chamber of Commerce to conduct the 25th Automobile Heritage Day Festival & Car Show event at Kimball Park on August 13, 2016 from 9 a.m. to 4 p.m. This event will celebrate National City's automotive history and display of classic cars & motorcycles. There will also be food vendors, live entertainment, kid's play area with face painting, vendor booths, a mini carnival, and a kid's train ride. The Chamber is requesting to use the City's P.A. system and stage. AGENDA ITEM NO. L EPARTMENT: Ned Services Departmen APPROVED BY: This event and sponsoring organization are listed as a City co -sponsored event per City Council Policy No. 804. NOTE: The Relay for Life and Automobile Heritage Day Festival & Car Show have both requested to host their events on the same exact day of August 13th at Kimball Park. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS jcity fee of $237.00 for processing the TUP through various City departments, plus $600.00 for the Fire Permit, and $2,971.94 for Public Works. Total fees: $3,808.94 1 ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION; I STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS Application for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: M Public Concert Fair ✓ Festival MCommunity event 0 Parade Demonstration Circus Lj Block Party 0 Motion Picture Grand Opening Other Event Title: 25th Automobile Heritage Day Festival & Car Show Event Location: Kimball Park. 12th St. D. Ave. National City, CA Event Date(s): From Aug. 13 to Aug. 13 Actual Event Hours: 9 AM to 4 PM Total Anticipated Attendance: 2550 ( 50 Participants 2500 Spectators) Setup/assembly/construction Date: Aug. 13 Start time: 4 AM Please describe the scope of your setup/assembly work (specific details): Vendor booths, food booths, canopies, trash cans, 2 stages, field striping, kids area,PA system, Kids Area Dismantle Date: Aug. 13 Completion Time: 9 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. City closure/ barricade of Kimball Park: parking lot at A Ave; D Ave. parking lot and street parking on D; Closure/ barricade of Boys & Girls Club Lot (close on Aug 12, access controlled by Chamber on Aug.13) Sponsoring Organization: National City Chamber of Commerce Chief Officer of Organization (Name) Jacqueline Reynosa Applicant (Name): National City Chamber of Commerce Address: 901 National City Blvd. Daytime Phone: 619 17-9339 Evening Phone: 619-890-6614 Fay. 618-77-5018 E_Mail: rynoso@natIonalcitychamber.org Contact Person mon site" day of the event: Jacqueline Reynoso Cellular: (619) 890-6614 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? OYESO NO Are admission, entry, vendor or participant fees required? E._.! YES ONO If YES, please explain the purpose and provide amount(s): Fees used to offset costs of rentals, permits, entertainment, and supplies. Sponsorships $250-$7500; car registration $25 $18500 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 15000 Estimated Expenses for this event. $ 3000 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? ROUTE NE t M' N � 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. Live entertainment; nonprofit,government, business booths; food trucks; City Info. Trailer; classic car exhibition and competition; awards ceremony; raffle sales; face painting; game booths; magicians, train rides; arts & crafts; VIP area; DJ and PA System; Car Auction; EV test drives, vehicle test drives ES ONO 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: Auto Auction organization, independent owners, Mile of Cars, EV Car dealers EYESZNO Does the event involve the sale or use of alcoholic beverages? ZYESEJNO Will items or services be sold at the event? If yes, please describe: Vendors will sell their items: retail, food, art, professional services, beverages. Chamber will sell beverages. 2 E1YE(j NO EYES ®NO EYES ONO EYESfNO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, ittaeh a detaiied map of your proposes recite indiesate 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 70 Sizes 10X1p, 40X60 NOTE: A separate Fire Department permit is required for tents or canopies. Will the event involve the use of the _CAE or your stage or PA system? SPECIFY: LARGE STAGE REQUESTED. PA_SYSTEM. TABLES. CHAIRS. In addition to the route map required above, please attach adiagram 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: Food prepared on/offsite by food vendors in fire retardant canopies with accessible fire extinguisher If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL. OTHER (Specify): ALL of the Above ® Portable and/or Permanent Toilet Facilities Number of portable toilets: 4 (1 for every 250 people is required, unless the applicant can r—show that there are facilities in the immediate area available to the public during the event) ✓ Tables # (28)6 ftJ(24)$fand 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 i e.hi;;l S ;± ndfrM Sreiiers 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 eoneivalon of tho event the area must be returned to a clean condition.) Number of trash cans: 60 Trash containers with lids: 3 EDCO Bins Dasc ihr: ynum plan for clean-up and removal of waste end garbage during and a ;cr the event: Volunteers will assist with event clean up, booths are required to maintain their areas, We will hire custodial staff to maintain park clean. All trash will be disposed in EDCO bins. Please describe your procedures for both Crowd Control and Internal Security: We hire professional security guards to assist with crowd control. DYES I .O Have you hired any Professional Security organization to handle security arrangements for this event? if YES, please list: Security Organization: Currently seeking bids Security Organization Address: Security Director (Name): Phone: ❑YESnNO 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: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. First Aid kit will be available on site; AMR has been requested on site. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Walking trails at Kimball Park is accessible to individuals with disabilities. Please provide a detailed description of your PARKING plan: Parking available on city streets, Southwestern College Parking Lot, and Waimea Parking Lot Please describe your plan for DISABLED PARKING: ADA parking accessible on city streets Please describe your plans to notify all residents, businesses and churches impacted by the event: We obtain a list of impacted addresses from the City and send a notification letter via mail/ email or social media in advance of event informing them of public festive NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. 4 NO Are there any musical entertainment features re ated to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: 2 Number of stands: up to 8 Type of Music: Classic Rock and World Music YESENO Willsoundamplification be used? if YES, please indicate: Start time 8 AM Finish Time 4 PM ✓� YESEI NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 7 AM Finish Time 8 AM Please describe the sound equipment that will be used for your event: 6 Stage speakers, 6 mobile speakers, mics, amplifier, and instruments per stage. OYESZ NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: 1 YES NO Any . � signs, banners, decorations, special lighting? if YES, please describe: Banners, Posters, Fliers, A -signs, Street Flags throughout City: Businesses, Key Intersections, NC Blvd., 8th Strc Plaza Blvd., Highland Ave., Euclid, Palm Ave., City Buildings, Schools, Parks, Marquees, Digital Signs, 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 National City Chamber of Commerce Person In Charge of Activity Jacqueline Reynoso Address 901 National City Blvd., National City, CA 91950 Telephone 619-890-6614 Date(s) of Use Aug. 12-13 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. Signature of vplicant Official 'Title Date For Office' Use only Certificate of Insurance Approved Date Aug. 13 6 Automobile Heritage Day Festival & Car Show SITE LAYOUT —DET E. 12th St. comp-atitlar V&iide Emu:Ince 'ONLY, NO 'Field Access 20 X40 tent SO chairs 6 tables `-'-tjr EV TEST DRIVE Exit Here (Turn 11; IL ecoth LoadLI /0 Ent t-r-- HERE Electric Vehicle Test Drive Route la io 0 fa 'wY d"a NsI St 15, ct p 14 St 11 go 4 44. , iii II . 7.. m 1 0 tp 7 ITT Technical Institute - San Diego Carpus ok MI i�ron�r'c 410 a vral St National Cityf. "� Public Library 8 cs.74,1: — "— F.HD START Park Multi leQ ball Biel pray equipmen e. viosl 0 7' US Post Mice al National City Middle School TO St National Gb Park Apartments sifit sit vitiNst sows (VA, Automobile Heritage Day Car Show & Festiv;:a 1 Kimball Park, National City SITE MAP for TUPApplication (AMENDED 6-3 -15) • 1/itka TRAILERI'ri r king "NH OW- l.PI-1E4-1�' 1 L ."%, , , -,, C !t S CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: National City Chamber of Commerce EVENT: 25t'' Automobile Heritage Day Festival & Car Show DATE OF EVENT: August 13, 2016 TIME OF EVENT: 9 a.m. to 4 p.m. APPROVALS DEVELOPMENT SERVICES YES [ ] NO [ ] SEE CONDITIONS [ ] 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 [ ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ 1 SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: RISK MANAGER (619) 336-4370 • Provide a valid copy of the insurance certificate wherein the City of National City is a named insured. • That the insurance policy provide a hold harmless and indemnification agreement which must have a combined single limit of no less than $1,000,000.00 (ONE MILLION DOLLARS) that would cover the date of the event. a That the insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:VII and that the insurance company is a California admitted company; if not then insurance policy must be submitted to the Risk Management Department for review and approval prior to the issuance of the Temporary Use Permit. • Provide an Additional Insured endorsement naming the City of National City, its officials, agents and employees as an additional insured. • The Certificate Holder must reflect: City of National City Risk Management Department 1243 National City Boulevard National City, CA. 91950 • Name, address and contact information for the broker providing this insurance policy. 10 PUBLIC WORKS (619)366-4580 Parks Division 1. The cost to provide the extended stage and PA system. Ali of these rates are at time and half overtime. 2. They provide their own gypsum to mark the field. 3. No jumpers are allowed at Kimball Park. 4. We will be providing the extended stage and PA system a. 4 staff 4 hours @ $46.58 for hour set up stage $745.28 b. 4 staff break down 4 hour minimum @ $46.58 $745.28 c. One staff @ $46.58 for 10 hours $465.80 Total $1956.36 Street Division 1. Staff will post "no parking" signs in affected parking lots before the event. 2. Staff will close with barricades parking lots prior to the event. The cost to provide street personnel support for this event is estimated to be $374.58. No Parking signs 30 X $0.45 $ 13.50 Barricades 6 X $0.35 $ 2.10 Equipment 6 X $16.34 = $ 98.04 Overtime Hrs. 4 X $46.66 = $195.44 Man Hrs. 2 X $32.57 = $ 65.14 Total $374.58 Facilities Division 1. Electrician 1 staff 12 hours L 36. r'b/hr $ 441.00 FINANCE Food Trucks will need Business License and Health Permit. Retail vendors will need a business license. 11 FIRE (619) 336-4550 INSPECTION REQUIRED Total fee amount for all Fire Department permits is six hundred dollars ($600.00) dollars. Fees can only be waived by City Council Stipulations required by the Fire Department for this event are as follows: 1) Access to all businesses along the parade route to be maintained at all times Access to entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2) Fire Department access into and through all business areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) 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) Provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal. 7) Provide a 2A:10BC fire extinguisher at stage. Extinguisher to be mounted in a visible location between 3%a` 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 8) All cooking booths or areas to have one 2A:10BC. If grease or oil is used for cooking, a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. Please see attached example 9) 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. 12 10) 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. Additionally cooking of anything producing grease laden vapor shall not be allowed under the tents or canopies unless venting is provided. Please see Fire Department for direction. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. Fees can only be waived by City Council 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 11) Fire Department access into and through the booth areas are to be maintained at all times 12) Internal combustion power sources that may be used for inflatable rides, cooking booths, etc. shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted only when the ride is not in use. 13) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure. Internal combustion power shall be at least 20 feet away from the ride. 14) a ►utomobiies anti other internal combustion engines shall be a minimum distance of twenty feet (20) from tents and canopies inflatable Zone are. 15) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wfr o" Only 16) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc. 17) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($200.00) dollars 13 18) First Aid will be provided by Auto Heritage Days personnel 19) 2016 Park layout need to be submitted, showing the 2 stages and tent layout. 20) Chambers car show fire extinguishers can be accomplished by place them at a 75 feet layout around car show. Contact the fire department for additional information. The event will require an after hours/weekend ($200.00) inspection prior to the start of the event as well as a Permit for the tent ($400.00) If you have any questions please feel free to contact me POLICE Since they are not requesting police officers to work the event, PD recommends that they minimally contract with a professionally calif. licensed security company and given the size of the event that at least 6 to 8 security guards be on duty during the hours of the event. There is no parade route requested or traffic closures or alcoholic beverages being served so we have no other stipulations. On Duty Officers will be asked to extra patrol the day of the event. No fees. 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. 14 CC/CDC-HA Agenda 3/15/2016 —Page 151 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — Relay for Life of National City sponsored by American Cancer Society at Kimball Park from August 13, 2016 to August 14, 2016. This is a City co -sponsored event pursuant to City Council Policy #804. (Neighborhood Services) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 15, 2016 ITEM TITLE: Temporary Use Permit — Relay for Life of National City sponsored by American Cancer Society at Kimball Park from August 13, 2016 to August 14, 2016_ This is a City no-sp nsnred event pursuant to City Council Policy #804. AGENDA ITEM NO. PREPARED BY: IDionisia Trejo DEPARTMENT° , ,ieig PHONE: 019-336-4255 APPROVED EXPLANATION: This is a request from the American Cancer Society to conduct the Naflonal City Relay for Life event at Kimball Park from August 13, 2016 thru August 14, 2016. Set up for the event will commence on August 12, 2016 at 7 a.m. This event is a 24-hour walking relay that starts at 9 a.m. on August 13th and concludes at 9 a.m. on August 14th. This relay will raise money for the fight against cancer. During the event there will be food, entertainment, including 8 bands, and craft activities. hood Services Department The event organizers will also provide professional security, rented lighting, first aid, and portable toilets for the event. NOTE: The Relay for Life and Automobile Heritage Day Festival & Car Show have both requested to host their events on the same exact day of August 13th at Kimball Park. FINANCIAL STATEMENT APPROVED: Finance ACCOUNT NO, I APPROVED: MIS City fee of $237.00 for processing the TUP through various City departments, plus $522.76 for Public Works, and $200.00 for Fire permits. Total fees: $959.761 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: 1 STAFF RECOMMENDATION: FINAL ADOPTION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD 1 COMMISSION RECOMMENDATION: NIA ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. "ipe of Event: Public Concert Fair H Parade Demonstration Motion Picture Grand Opening Event Title: Relay For Life of National City Event Location: Kimball Park PCircus Other Festival BCommunity event Block Party Event Date(s): From 8/13/16 to 8/14/16 Actual Event Hours: 9 AM to 9 AM Total Anticipated Attendance: 300 ( 150 Participants 150 Spectators) Setup/assembly/construction Date: 8/12/16 Start time: 7 AM Please describe the scope of your setup/assembly work (specific details): volunteers will chalk out campsites for set up. Dismantle Date: 8/14/16 Completion Time: 1 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. no street closures Sponsoring Organization: American Cancer Society Chief Officer of Orgardzation (Name) David Veniliaeo Applicant (Name): Michelle Gonzales -Lopez Address: 2655 Camino Del Rio North, 0100, San Diego 0210E Daytime Phone: 619-682 7448 Evening Phone: 858-848-0681 Fax: E-Mail: rnlchelle.gonzaies@cancer,org Contact Person on site" day of the event: michelle Cellular: 858-848-0681 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? LJ YES El NO If YES, please explain the purpose and provide amount(s): PESO NO $65,000 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 5,00 Estimated Expenses for this event. $ 60,000 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? 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. A 24 hour event to fundraise for the American Cancer Society. Teams camp out and walk 24 hours. There is on -site fundraising which is all donated back to ACS. We have entertainment via live bands and entertainers. OYES ® NO 1f 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: ElEs © NO Does the event involve the sale or use of alcoholic beverages? EIYESIINO Will items or services be sold at the event? if yes, please describe: food and crafts will be sold for a donation 2 5 �_w : - d I �, ..� I r +_II I Y• �I) a�� i rf �i. 1� 'h `'S a r aw ' i +r, y:.* .� na.- o l--t,.4. 44. �_+, 1!, y';1,' n - r�+1rt+�wl ati'1 rr, k "��!.�.�. �}.."71'-_ .y... y- '*°'G4 +�++,, L,i..at..tre.. -�,A ..��*tr, :`'�-sit-+,.+.+a LY O Does the event involve a moving route of any kind along streets, sidewelcs 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. AYES NO Does the event involve a fbced venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES ONO Does the event involve the use of tents or canopies? if YES: Number of tent/canoples 9 Sizes 20 x20, 20 x 30.10 NOTE: A separate Fire Department permit is required for tents or canopies. NO Will the event involve the use of the ,City or your stage or PA system? SPECIFY: 9 In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Ei 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: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): gas and charmed © Portable and/or Permanent Toilet Facilities Number of portable toilets: ? (1 for every 250 people is required, unless the applicant can ow that there are facilities in the immediate area available to the public during the event) Tables # 30 and Chairs # po Fencing, barriers and/or barricades Generator locations and/or source of electricity anopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platform, stages, grandstands or related structures 'vehicles and/or trailers Other related event oomponents 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: 20 Trash containers with lids: 20 Describe your plan for clean-up and removal of waste and garbage during and after the event: EDCO is an event sponsor who donates all trash supplies and dumpsters. Volunteers will man 3 'rH ill`` ,rtr �': F • L .� rr n � � ram` �i �J+ gip, iL•r • VA rA+ • t�.i .Let Please describe your procedures for both Crowd Control and internal Security: Elite Security Services ©YES © Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Elite Security Security Organization Address: 2878 Camino del rio south, #260, San Diego 92108 Security Director (Name): Mike Wilson Phone: 619-574-1589 SLJNO 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: Park lights and light tower Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. call 911, if it is beyond a first aide kit Please describe your Accessibility Plan for access at your event by individuals with disabilities: the use of all Dark disability ramps and parking Please provide a detailed description of your PARKING plan: use of park parking Please describe your plan for DISABLED PARKING: use of park disabled parking Please describe your plans to notify all residents, businesses and churches impacted by the event: mail out to residents NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. 4 NM.f�;4�fFi"'" .s .kars._ xtinZ at:kt. [YESONO Are there any musical entertainment features related to your event? It YES, please state the number of stages, number of bands and type of music, Number of Stages: 1 Number of Bands: 8 Type of Music: various YESoNo Will sound amplification be used? if YES, please indicate: Start time: ? AM Finish Time 1U PM Q YES[J NO Iitifiil sound checks be conducted prior to the event? If YES, please indicate: Start time: 7:3° AM Finish Time 8 AM Please describe the sound equipment that will be used for your event: various equipment brought by entertainers ❑YESZ NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YESONO Any signs, banners, decorations, special lighting? if YES, please describe: light tower, banners and luminaria bags 5 City of National City PUBL PROPERTY USE HOW HARMLESS AND [HDErIiNIFIOAT J AGREEMENT Pons requesting use of City property, fad Mies or personnel are required to provide a minimum of $1,O00,O00 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: ?ar Person In Charge of Activity: Walef �-►/1 Address: 2t0 �tfi i ' f r R 3 .J'%c Phone: ed•Oi) rA/ • —7 Date(s) of Use: 9 CZ ` 31%4/ HOLD HARMLESS AGREEMENT The undersigned hereby agree(s) to hold the City of National City and the Parking Authority of the r.;t r r►gMAtion01 E :►fir narmiess and indemnify the City of National City and the Parking Authority of the City of National City from and against all claims, demands, costs, looms, damages, Injuries, litigation and liability arising out of or related to the use of public property by permutes or permitee's agents, employees or contractors. Page 9 of 9 re of Applicant 2�JzalG< Official Title Date 6 - mts" valitrscEst CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: American Cancer Society EVENT: Relay for Life of National City DATE OF EVENT: August 13, 2016 to August 14, 2019 TIME OF EVENT: 9 a.m. Saturday to 9 a.m. Sunday APPROVALS: RISK MANAGER DEVELOPMENT SERVICES PUBLIC WORKS FINANCE FIRE COMMUNITY SERVICES POLICE CITY ATTORNEY YES [ x ] NO [ ] YES [ ] 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 ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: RISK MANAGER • Provide a valid copy of the insurance certificate wherein the City of National City is a named insured. • That the Insurance policy provide a hold harmless and indemnification agreement which must have a combined single limit of no less than $1,000,000.00 (ONE MILLION DOLLARS) that would cover the date of the event. • That the insurance company issuing .the insurance policy must have a A.M. Best's Guide Rating of A:VII and that the insurance company is a California admitted company; if not then insurance policy must be submitted to the Risk Management Department for review and approval prior to the issuance of the Temporary Use Permit. Provide an Additional Insured endorsement naming the City of National City, its officials, agents and employees as an additional insured. • The Certificate Holder must reflect: City of National City Risk Management Department 1243 National City Boulevard National City, CA. 91950 • Name, address and contact information for the broker providing this insurance policy. 8 FIRE (619) 336-4550 A $200.00 fee will be required for after hour inspection. Please contact the National City Fire Department for payment of fees. Provide site map of site area. 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 Fre Department connections for fire sprinkler systems, standpipes, etc. 2) Fire Department access into and through the camp areas are to be maintained at all times. Fire apparatus access roads shaft have an unobstructed width of not less 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 vehicles) 6) Provide a 2A:10BC fire extinguisher at stage. Extinguisher to be mounted in a visible location between 31/a1 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 7) Ail cooking booths or areas to have one 2A:14BC. if grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extiragulshers to have a current State dire Marshal Tag attached. Please see attached example 8) Additional fire extinguisher shall be placed around the circumference of the track and bowl area so as to provide tire .protection for" Luminary Bags". Fire extinguisher to be mounted in a visible location between 3W to 5' from the floor to the top of the extinguisher. Extinguisher shall be labeled "Fire Extlnaulsher" 9) If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal 10) Internal combustion power sources that may be used for "Light Towers" shall be of adequate capacity to permit uninterrupted operation during normal operating hours 9 11) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure 12) . A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc. 13) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($200.00) dollars 14) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only 15) If tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square feet shall be $200.00 • Tents having an area more than 201 square feet shall be $400.00 • Canopies having an area from 0-400 square feet shall be no charge • Canopies from 401-500 square feet shall be $250.00 • Canopies from 501-600 square feet shall be $300.00 • Canopies from 601 square feet or greater shall be $400.00 • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly • Tents shalt be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council • A ten feet separation distance must be maintained between tents and canopies • A permit from the Fire Department must be obtained. Cooking shall not !fie permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Certificate of flame resistance shall be provided tg the National City Fire Department odor to the event 16) First Aid will be provided by organization 18) Provide map of site area. Map to include placement of Fire Department requests Fire Department Fees can only be waived by City Council Approval contingent upon final field inspection and compliance with all applicable codes and ordinances. POLICE The Police Department does not have any stipulations. The applicant has hired a professional firm to provide security. Police will extra patrol for the event with on duty officers and provide assistance if requested. 10 PUBLIC WORKS PARKS DIVISION 1 Two hours at $46.58 per hour overtime rate ($93.16) for one staff to inspect after event and fill out Storm Water Compliance Inspection for Special Event Report and litter clean up. 2. Two hour for set up at regular pay of $31.05 per four ($62.10) 3. Event organizers need to clean up litter during event. 4. They City stage was not requested so no stage will be provided FACILITIES DIVISION 1. Ten hours at $36.75 per hour overtime rate (10 x 36.75= $367.50) for Electrician. FINANCE American Cancer Society has a current business license and based on the event details listed on the application, I have no additional comments. COMMUNITY SERVICES Community Services would like to remind the TUP applicant that the night they will be setting up for the Relay for Life, Friday August 12, will be the evening when the Summer Movies in the Park event will be held in Kimball Bowl. I want to make sure the applicant is aware in case any coordination needs to occur. The set up should not interfere, as both events occur in different areas of Kimball Park. 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. 11 CC/CDC-HA Agenda 3/15/2016 — Page 164 The following page(s) contain the backup material for Agenda Item: City of National City Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2015. (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 15, 2016 AGENDA ITEM NO. ITEM TITLE: City of National City Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2015. PREPARED BY: Javier Carcamo, Financial Services Officer DEPARTMENT: Finance PHONE: (619) 336-4331 APPROVED BY: `�/I'A4 ,a EXPLANATION: Transmitted herewith is the City of National City's Comprehensive Annual Financial Report for the fiscal year ended June 30, 2015, prepared by the City's external auditors, Pun & McGeady, LLP. The report includes all agencies under the control of the City Council, as well as the Successor Agency to the Community Development Commission as the National City Redevelopment Agency. The auditors have conducted their examination of the financial statements in accordance with generally accepted auditing standards and expressed an unmodified ("clean") opinion of those statements. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: ,erg 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 City of National City Comprehensive Annual Financial Report for the Fiscal Year ended June 30, 2015. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: The Comprehensive Annual Financial Report as of June 30, 2015 is available on the City's website. Hard copies are available in the City Clerk's Office and the City Library. CC/CDC-HA Agenda 3/15/2016 — Page 166 The following page(s) contain the backup material for Agenda Item: City of National City's Single Audit Report on Federal Awards for the Fiscal Year Ended June 30, 2015. (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 15, 2016 AGENDA ITEM NO. ITEM TITLE: City of National City Single Audit Report on Federal Awards for the Fiscal Year Ended June 30, 2015. PREPARED BY: Javier Carcamo, Financial Services Officer DEPARTMENT: Finance PHONE: (619) 336-4331 APPROVED BY: `�/I'a4 ,a4. EXPLANATION: Transmitted herewith is the City of National City's Single Audit Report on Federal Awards for the fiscal year ended June 30, 2015, prepared by the City's external auditors, Pun & McGeady, LLP The report includes all agencies under the control of the City Council. The auditors have conducted their examination of the financial statements in accordance with generally accepted auditing standards and expressed an unmodified ("clean") opinion of those statements. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: Lv174/e 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 City of National City's Single Audit Report on Federal Awards for the Fiscal Year ended June 30, 2015. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: The Single Audit Report on Federal Awards for the Fiscal Year Ended June 30, 2015 is available on the City's website. Hard copies are available in the City Clerk's Office and the City Library.