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HomeMy WebLinkAboutDraft Agenda Packet - CC HA - 09-20-16AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CALIFORNIA NATIONAL CI S INCORPORATED RON MORRISON Mayor JERRY CANO Vice Mayor ALBERT MENDIVIL Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City 619-336-4240 Meeting agendas and minutes available on web WWW.NATIONALCITYCA. GOV COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, SEPTEMBER 20, 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 1 of 158 CC/CDC-HA Agenda 9/20/2016 — 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. 2 of 158 CC/CDC-HA Agenda 9/20/2016 — 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 1. Employee of the Quarter 2016 - Steve Schimminger, Librarian PRESENTATIONS 2. EXOS Executive Summary for Las Palmas Pool Operations for January through June 2016 (Community Services) INTERVIEWS / APPOINTMENTS 3. Interviews and Appointments: Various Boards & Commissions. (City Clerk) CONSENT CALENDAR 4. 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) 5. 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) 6. Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into agreement with Lexipol LLC to provide content for Law Enforcement Policy Development and Law Enforcement Training Subscription Services from September 21, 2016 through September 21, 2017, with optional three one-year extensions. (Police) 3 of 158 CC/CDC-HA Agenda 9/20/2016 — Page 4 7. Resolution of the City Council of the City of National City, 1) awarding a contract to C.S. Legacy Construction, Inc. in the not -to -exceed amount of $612,243 for the Paradise Creek Educational Park Project, CIP No. 16-08; 2) authorizing a 15% contingency in the amount of $91,836.45 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) 8. Resolution of the City Council of the City of National City approving the transfer of certain Real Property from the City of National City to the Community Development Commission -Housing Authority of the City of National City consisting of portions of Hoover Avenue and Harding Avenue previously vacated by City Council Resolution 2013-83 for the Westside Infill Transit Oriented Development. (Housing & Economic Development) 9. Warrant Register #6 for the period of 08/03/16 through 08/09/16 in the amount of $341,784.95. (Finance) 10. Warrant Register #7 for the period of 08/10/16 through 08/16/16 in the amount of $1,953,065.30. (Finance) 11. Warrant Register #8 for the period of 08/17/16 through 08/23/16 in the amount of $1,250,523.16. (Finance) PUBLIC HEARINGS ORDINANCES FOR INTRODUCTION 12. An Ordinance of the City Council of the City of National City adding Chapter 2.62 to the National City Municipal Code pertaining to informal bidding procedures under the California Uniform Public Construction Cost Accounting Act (CUPCCAA). (Engineering/Public Works) ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 13. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement between the City of National City and EsGil Corporation to provide on -call plan reviews, permit processing, construction inspections, code enforcement services, and related services for various City departments including but not limited to Building, Fire, and Engineering, in the not -to -exceed amount of $800,000 per year for a period of three years. (Funded by fees collected, developer deposits, various Capital Improvement Project funds, and other funds as needed). (Building/Fire) 4 of 158 CC/CDC-HA Agenda 9/20/2016 — Page 5 14. Resolution of the City Council of the City of National City authorizing the following actions to fund the Las Palmas Park & El Toyon Park Lighting Project: 1) release $514,172 from State Grant Fund 348 fund balance to the General Fund fund balance; 2) appropriate $814,172 to corresponding CIP expenditure accounts for El Toyon Park & Las Palmas Park Improvements from General Fund fund balance; and 3) appropriate $89,019.93 in the El Toyon Park Improvements CIP account from Park & Recreation Capital Outlay Fund fund balance. (Engineering/Public Works) NEW BUSINESS 15. Temporary Use Permit — St. Mary's Fall Festival hosted by St. Mary's Church on Sunday, October 2, 2016 at the parish grounds located between E. 8th Street and "E" Avenue from 7 a.m. to 7:00 p.m. with no waiver of fees. (Neighborhood Services) 16. Report on the City Council's options in filling the impending City Attorney vacancy. (City Manager) 17. Update on use of ballfield lighting for El Toyon Park Multi -Purpose Field. (Engineering/Public Works) 18. Update on Energy and Water Conservation Program. (Engineering/Public Works) 19. Community and Police Relations Commission 2014 and 2015 Annual Report. (City Manager) B. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY CONSENT RESOLUTIONS- HOUSING AUTHORITY 20. Resolution of the Community Development Commission -Housing Authority of the City of National City accepting the transfer of certain Real Property from the City of National City consisting of portions of Hoover Avenue and Harding Avenue previously vacated by City Council Resolution 2013-83 for the Westside Infill Transit Oriented Development. (Housing & Economic Development) NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY C. REPORTS STAFF REPORTS 5 of 158 CC/CDC-HA Agenda 9/20/2016 — Page 6 21. A report on the State of California Cap -and -Trade Program and its appropriations including the Affordable Housing and Sustainable Communities Program. (Housing & Economic Development) 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 - October 4, 2016 - 6:00 p.m. - Council Chambers - National City, California. 6 of 158 CC/CDC-HA Agenda 9/20/2016 — Page 7 The following page(s) contain the backup material for Agenda Item: Employee of the Quarter 2016 - Steve Schimminger, Librarian 7 of 158 CITY OF NATIONAL CITY MEMORANDUM DATE: September 7, 2016 TO: Leslie Deese, City, M FROM: Stacey Stev SUBJECT: ger uty City Manager EMPLOYEE OF TFIE QUARTER PROGRAM The Employee Recognition Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized for the Third Quarter of calendar year 2016 is: Steve Schimminger - Librarian By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, September 20, 2016 to be recognized for his achievement and service. Attachment cc: Steve Schimminger Minh Duong — City Librarian Josie Flores -Clark — Executive Assistant III Human Resources — Office File 8 of 158 RECEIVED City ofNational City Performance Recognition Award Nomination Form AUG 3 0 2016 CITY OF NATIONAL CITY HUMAN RESOURCES DEPARTMENT I nominate: Steve Schimminger for the Performance Recognition Award for the following reasons: Hiring Steve Schimminger has been one of the best personnel decisions I've made! Ten years ago, Steve moved to San Diego from Michigan and applied for a part-time reference position with the Library. When the Library expanded its business hours to include a seven-day opening in 2008. Steve became the weekend Librarian -in -charge. In 2011, a full-time position opened up in the Children's Room and Steve got appointed as the Children's Librarian. Steve maintains a perfect attendance record so far. He shows up to work every day in a good mood and good spirit, bustling around with a spring in his step and acknowledging kids who come in his area with perky greetings. In his current position of Children's Librarian. Steve creates a pleasant and inviting environment where parents and children can enjoy their visits to the Children's Room. Steve looks at different ways of providing new programs without incurring additional costs. As a staff member, Steve acts according to directives. demonstrates good common sense. and displays an energetic and positive attitude. Over the years, he has as well developed a reputation for reliability in all that he does. Steve uses diplomacy and tact in dealing with co-workers and patrons. even the young clients the Children's Room serves. And most of all, Steve takes things in stride and with good humor. no small feat especially in public service. I can go on enumerating many other qualities that make Steve such a valuable employee for any agency. But if I have to pick one thing that defines Steve, it's his all-time impeccable manners — always courteous. calm. and professional. I hereby nominate Steve Schimminger for the City of National City Performance Recognition Award. FORWARD COMPLETES NOMINATION TO: Nominated by: Signature: National City Performance Recognition Program Human Resources Department Duong. City Librarian Date: 8/30/ 1 6 9 of 158 CC/CDC-HA Agenda 9/20/2016 — Page 10 The following page(s) contain the backup material for Agenda Item: EXOS Executive Summary for Las Palmas Pool Operations for January through June 2016 (Community Services) 10 of 158 Item # 09/20/16 EXOS Executive Summary for Las Palmas Pool Operations for January through June 2016 (Community Services) 11 of 158 CC/CDC-HA Agenda 9/20/2016 — Page 12 The following page(s) contain the backup material for Agenda Item: Interviews and Appointments: Various Boards & Commissions. (City Clerk) 12 of 158 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 20, 2016 AGENDA ITEM NO. ITEM TITLE: Interviews and Appointments: Various Boards & Commissions. (City Clerk) PREPARED BY: Michael R. Della DEPARTMENT: City Jerk PHONE: 619-336-4226 APPROVED BY: • EXPLANATION: See attached background report. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance STAFF RECOMMENDATION: 'Conduct Interviews BOARD t COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Background Report 2, Applications 13of158 CC/CDC-HA Agenda 9/20/2016 — Page 14 The following page(s) contain the backup material for Agenda Item: Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 14 of 158 Item # 09/20/16 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) 15 of 158 CC/CDC-HA Agenda 9/20/2016 — Page 16 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into agreement with Lexipol LLC to provide content for Law Enforcement Policy Development and Law Enforcement Training Subscription Services from Septembe 16 of 158 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 20, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into agreement with Lexipol LLC to provide content for Law Enforcement Policy Development and Law Enforcement Training Subscription Services from September 21, 2016 through September 21, 2017, with optional three one-year extensions. PREPARED BY: Jose Tellez, Captain PHONE: Ext. 4513 EXPLANATION: Refer to Attachment DEPARTMENT: Police APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Funds available in - 001-411-000-299-0000 (Contract Services) $55,245 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Approve Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Staff Report Standard Agreement 17 of 158 WO-WORN-1A TIO `. r micouPoitterzo 11344 ; Vim *' t" NATIONAL CITY POLICE DEPARTMENT STAFF REPORT DATE: September 6, 2016 SUBJECT: Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into agreement with Lexipol LLC to provide content for Law Enforcement Policy development and Law Enforcement Training Subscription Services SUMMARY: It is recommended the City Council approve the Resolution of the City Council of the City National City to enter into agreement with Lexipol for materials / content for the formulation of Police Department Policies and Procedures. Lexipol provides law enforcement agencies content recommendations for standard language in the development of policies and procedures, compliant with the current legal requirements. Several police agencies in San Diego County use Lexipol content to develop and standardize their policies and procedures. BACKGROUND: Lexipol is the country's leading source of risk management resources fqr public safety organizations delivered through web -based policy manuals, training, and supplemental publications. The Lexipol policy and training system is used by public safety agencies throughout the country to reduce risk and stay current on litigation trends while providing policy guidance to agencies. Policy manuals are a perishable tool and need regular review and updating. Lexipol is designed to provide agencies well researched guidance and material. Lexipol consistently monitors issues affecting Law Enforcement to develop new policies and improve existing policies to reflect changes from precedent setting court decisions, legislation, best practices, and new issues facing agencies. Any changes to the manual are archived to allow specific document access years later to support litigation defense or other needs. 1200 National City Boulevard, National City, CA 91950 (619) 336-4511/Fax (619) 336-4525 www.nationalcitvca.,iov 18 of 158 1 For the last eleven years, Lexipoi's expert legal team has provided materials to set policy for public safety agencies by providing content specific to each state. The Lexipol content policy manual is arranged consistent with the way Law Enforcement operates and can be indexed to be compliant with national accreditation standards. Agencies review the content draft, and if necessary, make changes that reflect unique needs of the agency prior to adopting policies. The greatest areas of editing typically are in sections where the agency wants more detailed procedural guidelines than Lexipol content policy provides. In those cases, agencies can customize a policy or policies and/or accept the draft as a complete regulatory and operational policy manual for immediate use. There is no indemnification clause, mutual or otherwise, in the contract with Lexipol. Lexipol only provides materials and content for consideration by agencies. The Chief of Police, after review by the City Attorney's Office, has final authorization to adopt Lexipol content for the formalization of Police Department Policies and Procedures. Lexipol is used by several agencies in San Diego County to include: Carlsbad Police Department Chula Vista Police Department San Diego State Police Department San Diego Harbor Police Department Oceanside Police Department UC San Diego Police Department FISCAL IMPACT: The contract with Lexipol for services include the basic annual subscription, the Daily Training Bulletin Component, a Procedural Shell which allows the Police Department Policy to be accessed on-line or via mobile app, the Implementation Fast Start Program, and Implementation Services. The Implementation Services is a one-time cost service that enhances the Implementation Fast Start Program. Often, agencies need additional support in the form of a Program Manager for the full implementation of the final Policies & Procedures Manual. The Implementation Services allows for a Project Manager to work with the agency as needed. A Project Manager will be assigned to the police department and work with department representatives and develop policies which will be standardized and customized to our department's specific needs. The Project Manager works with staff primarily via the Internet, emails, USPS, and phone calls. 19 of 158 2 Term T FY 16117 LE Policy & Training Subscription Annual Fee $14,245 Procedural Shell Annual Fee $1,500 Implementation Fast Start Program One Time Fee $9,500 Implementation Services (not to exceed 200 hours) One Time Fee $30,000 Total Cost $55,245 The duration of this agreement is for the period of September 21, 2016 through September 21, 2017, with an optional three one-year extensions. RECOMMENDATION: The Police Department recommends approval of the agreement. JT 20 of 158 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND Lexipol LLC THIS AGREEMENT is entered into an this 20th day of September, 2016, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and LEXIPOL LLC, a limited liability company (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ CONSULTANT to provide Law Enforcement Policy and Training Subscription Services which includes policies that reflect up to date, applicable industry standards and best practices, customized content for law enforcement agencies subject to the laws of the State of California, daily scenario -based training that reinforces CITY approved policies and procedures, and regular updates to CITY policies and procedures as statutes, case law, and regulations change. WHEREAS, CONSULTANT will provide a Procedural Shell for such services allowing CITY to electronically link agency -specific procedural content to CITY'S policy manual and CONSULTANT'S online platform and will provide an Implementation Fast Start Program, as well as general Implementation Services including assigning a LEXIPOL Project Manager to assist the CITY in implementing the new services as needed, not to exceed 200 hours. WHEREAS, the CITY has determined that the CONSULTANT is an expert in Law Enforcement Policy and Training Subscription services and providing policy and training solutions, is qualified by experience and ability to perform, the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide Law Enforcement Policy and Training Subscription Services, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on September 21, 2016. The duration of this Agreement is for the period of September 21, 2016 through September 21, 2017. Completion dates or time durations for specific portions of the Project are set forth in Exhibits "1" and "B". This Agreement may be 21 of 158 extended by mutual agreement upon the same terms and conditions for an additional one (I) year term. The Parties may exercise up to three one-year extensions. Any extension of this Agreement must be approved in writing by the Chief of Police. 3. SCOPE OF SERVICES. CONSULTANT will provide Law Enforcement Policy and Training Subscription services which includes policies that reflect up to date, applicable industry standards and best practices, customized content for law enforcement agencies subject to the laws of the State of California, and daily scenario -based training that reinforces CITY approved policies and procedures. CONSULTANT will provide regular updates to CITY policies and procedures as statutes, case law, and regulations change. CONSULTANT will provide a Procedural Shell for such services allowing CITY to electronically link agency -specific procedural content to CITY'S policy manual and CONSULTANT'S online platform. CONSULTANT will provide a one-time Implementation Fast Start Program including general Implementation Services which includes assigning a LEXIPOL Project Manager to assist the CITY in implementing the new services as needed, not to exceed 200 hours. The scope of services are further set forth and detailed in the attached Exhibits "1", "A" and "B", and are incorporated herein. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Captain Jose Tellez hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Shiri Tyner shall be the Executive Project Manager and Jim Marker shall be the Associate Project Manager for the CONSULTANT. 5. COMPENSATION AND PAYMENT. Compensation and payment is set forth and detailed in the attached Exhibits A and B. The total cost for all work described in Exhibit "A" shall not exceed $55,245 for the period of September 21, 2016 through September 21, 2017 This includes implementation services which are billed at $150.00 per hour, for time and materials, and which will not exceed 200 hours. Invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibits "A" and "B", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for 2 City of National City and Lexipol LLC 22 of 158 three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein maybe assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 3 City of National City and Lexipol LLC 23 of 158 10. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 11. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT 4 City of National City and 1.4xipol LLC 24 of 158 shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13 however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. The CITY is subject to the Public Records Act and this provision is not intended to impede or impair the requirements or obligations under that Act. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 13. 14. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 15. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. ❑ If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, 5 City of National City and Lexipoi LLC 25 of 158 covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate e additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A: VII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. All deductibles and self -insured retentions in excess of $? 0,000 :rust be disclosed to and approved by the CITY. 16. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not 6 City of National City and Lexipoi LLC 26 of 158 be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount ofattorney's fees incurred by the prevailing party. 17. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 18. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 19. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or 7 City of National City and Lexipol LLC 27 of 158 sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Manuel Rodriguez Chief of Police National City Police Department City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONSULTANT: Michael Renoux Director Contracts Lexipol LLC 6B Liberty Suite 200 Aliso Viejo, CA 92656 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute'receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 20. CONFLICT 0 INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. 8 City of National City and Lexipol LLC 28 of 158 ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 20 by the CONSULTANT. 21. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3,1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.rn. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits or schedules or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. 9 City of National City and Lexipol LLC 29 of 158 J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Subcontractors or Subconsultants. The City is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the City in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the City, the insurance provisions in Section 15 of this Agreement. M. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney LEXIPOL LLC (Corporation — signatures of two corporate officers required) (Partnership or Sole proprietorship — one signature) By: Van Holland Chief Financial 0 By: 10 Chief Executive Officer City of National City and L.exipoi LLC 30 of 158 Exhibit 1 Agency's Name: Agency's Address: Lexipoi's Address: Effective Date: Laililol Pf;FUIC1/+F?l.F IF' PI;FVHIIAPI F AGREEMENT FOR USE OF SUBSCRIPTION MATERIAL National City Police Department Attention: Capt. Jose Teliez 6B Liberty, Suite 200 Aliso Viejo, CA 92658 Attention: (to be completed by Lexipol upon receipt of signed Agreement) The Agreement for Use of Subscription Material is between Lexipol, LLC, a Delaware limited liability company ("Lexlpar), and the Agency identified above. The Agreement consists of the AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY and Lexipol LLC, (a) this cover sheet; (b) Exhibit A (Subscriptions Being Purchased and Subscription Fees) attached to this cover sheet (consisting of 1 page), and (e) Exhibit JI3 (General Terms and Conditions) attached to this cover sheet (consisting of 5 pages). Capitalized terms that are used In Exhibit A and not defined therein shall have the respective meanings given to them in Exhibit B. AGENCY LEXIPOLLL C Signature: Signature: Print Name: Print Name: Van Holland Title: Title: Chief Financial pffjcer Date Signed: Date Signed: 'f J 1 b Copyright 2015 ® Lexipol, LLC 1995-2015 Rev 10/28/15 1 31 of 158 EXHIBIT A SUBSCRIPTIONS BEING PURCHASED AND SUBSCRFPTION FEES Agency is purchasing the following: PRODUCT Law Enforcement Policy and Training Subscription TERM Annual Fes PRICE $ 14,245.00 Procedural Shed $ 1,500.00 Implementation Fast Start Program One -Time Fee .:. $ 9,500.00 implementation SeMwes (as needed - not to exceed 200 hours at $150 per hour) Time and Materials $ 30 000.00 $ $ Total : $ 55,245.00 Implementation Services will be performed on a Time and Materials basis, Lexipol will utilize a Project Manager that recommends content, but Agency will determine policy as noted In Section 8. below. effort not to exceed 200 hours. Pricing is based on 76 `'100 ® No. of Authorized Sworn Officers, El No. of Beds, or Q No. of Authorized Staff (insert #) Copyright 2015 e Lexlpol, LLC 1995 2015 32 of 158 Rev 10/28115 EXHIBIT B GENERAL TERMS AND CONDITIONS 1. Definitions. For purposes of this Agreement, each of the following terms will have the meaning indicated in this Section: 1.1 p.uencv's Account. "Agency's Accounr means the account by which Agency accesses the Subscription Materials. 1.2 Agreement. "Agreement" means (a) AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND Lexipol LLC, (b) Exhibit 1 (the cover sheet to which these General Terms and Conditions are attached), (c) Exhibit A (Subscriptions Being Purchased and Subscription Fees) attached to that cover sheet, (d) Exhibit @ (these General Terms and Conditions). 1.3 !nitIe Term/Contract Year. 'Initial Tenn" means the tweeive-month period commencing en the Effective Date and "Contact Yea? means each twelve-month period commencing on each anniversary of the Effective Date, except as may otherwise be modified by Section 2.1 Term below. 1.4 Derivative Work. "Derivative Work" means a work that is based on the Subscription Material or any portion thereof, such as a revision, modification, abridgement, condensation, expansion, or any other form in which the Subscription Material or any portion thereof may be recast, transformed, or adapted. For purposes of this Agreement, a Derivative Work also includes any compilation that incorporates any portion of the Subscription Material. Further, "Derivative Wort( includes any work considered a "derivative work" under United States copyright law. 1.5 Effective Date. "Effective Date" means the date specified on the cover sheet to which these General Terms and Conditions are attached. 1.8 Subscription Materials. "Subscription Materials" means the policy manuals, supplemental policy publications, daily training bulletins and other materials provided by Lexipol to Agency from time to time during the term of this Agreement under the subscriptions purchased by Agency as specified in Exhibit A. 2. Term and Termination. 2.1 111m. This Agreement is effective upon the execution and delivery of this Agreement by both Lexipol and Agency, and shall continue in effect until the expiration of the Initial Term; provided, however, that the term of this Agreement will automatically be extended for successive one-year periods thereafter (each a Contract Year), unless either party gives written notice to the other party to the contrary not Tess than thirty (30) days prior to the expiration of the Initial Term or the then current Contract Year, as the case may be. Notwithstanding the foregoing, however, this Agreement will be subject to termination as provided in Section 2.2 below. 2.2 Termination. This Agreement may be terminated by either party, effective !mmedietely, (a) In the event that the other party falls to discharge any obligation or remedy any default under this Agreement for a period of more than thirty (30) calendar days after it has been given written notice of such failure or default; or (b) in the event that the other party makes an assignment for the benefit of creditors or commences or has commenced against it any proceeding in bankruptcy, insolvency or reorganization pursuant to the bankruptcy laws of any applicable jurisdiction. 2.3 Affect of Exoiratdn or Termination. Upon the expiration or termination of this Agreement, all of the rights granted to Agency by this Agreement to the subscriptions identified on Exhibit A shall automatically terminate. The termination or expiration of this Agreement shall not, however, Copyright 2015 Lexipol, LLC 1995-2015 Rev 10/28/15 33 of 158 1 relieve either party from any obligation or liability that has accrued under this Agreement prior to the date of such termination or expiration. The right to terminate this Agreement pursuant to Section 2.2 above shall be in addition to, and not in lieu of, any other remedy, legal or equitable, to which the terminating party shall be entitled at law or in equity. The provisions of Sections 1 (Definitions), 4 (Copyright; Derivative Works; Lexipot's Ownership), 5 (Right to Use; Limitations on Use of Subscription Material and Derivative Works), 7 (Privacy Policy), 8 (Policy Adoption), 9 (Disclaimer of Liability), 10 (Limitation of Liability), 12 (Miscellaneous), and this Section 2.3 shall survive the expiration or termination of this Agreement for any reason whatsoever. 3. Subscription Fees. Etc. 3.1 Subscriotion Fee/Invoicing. Lexipol will invoice Agency at the commencement of the Subscription Service (Initial Term) and thirty (30) days prior to the date for each Contract Year (refer to 2.1 above). Agency will pay to Lexipol the subscription fee specified on Exhibit A within thirty (30) days following Agency's receipt of the invoice for such subscription and renewal fees. Ail Invoices will be sent to Agency at the address for Agency specified on the cover sheet to which these General Terms and Conditions are attached. Ali payments will be made to Lexipol at the address for Lexipol specified on the cover sheet to which these General Terms and Conditions are attached. Lexipol reserves the rtght to increase pricing for subsequent Contract Years. 3.2 Taxes: Past Due Amounts. All amounts required to be paid under this Agreement, unless otherwise stated on Exhibit A, are exclusive of all taxes and similar fees now in force or enacted in the future imposed on the subscriptions purchased by Agency under this Agreement andior delivery by Lexipol to Agency of Subscription Material, all of which Agency will be responsible for and will pay in full, except for taxes based on Lexipol's net income. In the event any amount owed by Agency is not paid when due, and such failure is not cured within ten (10) days after written notice thereof from Lexipol, then in addition to any other amount due, Agency shall pay a late payment charge on the overdue amount at a rate equal to the lower of (a) one percent (1%) per month, or (b) the highest rate permitted by applicable law. 4. Copyright: Derivative Works: Lexiool's Ownership. Agency acknowledges and agrees that the Subscription Material is a proprietary product of Lexipol, protected under U.S. copyright law, and that Lexipol reserves all rights not expressly granted in this Agreement. Subject to the terms and conditions contained in this Agreement, Lexipol hereby grants Agency the right to prepare Derivative Works, except as limited by the terms of this agreement; provided, however, that Agency acknowledges and agrees that Lexipol will be the sole owner of all right, title and interest in and to all Derivative Works prepared by or for Agency, including all copyrights and other intellectual property and proprietary rights therein or pertaining thereto, and Agency hereby assigns and transfers to Lexipol ail right, titie and interest in and to all Derivative Works prepared by or for Agency, including all copyrights and other intellectual property and proprietary rights therein or pertaining thereto. Agency will not remove from any copies of the Subscription Material provided by Lexipol to Agency any copyright notice or other proprietary notice of Lexipol appearing thereon, and shall Include such copyright and other notices at the appropriate place on each copy of the Subscription Material and each copy of any Derivative Work made by or for Agency, in any form. 5. Richt to Use: Limitations on Use of Subscription Material and Derivat€ve Work& Subject to the terms and conditions contained in this Agreement, Lexipol hereby grants to Agency a perpetual, personal, fully paid -up, right to use, except as limited by the terms of this agreement the Subscription Material and any Derivative Works prepared by or for Agency, solely for the Agency's internal purposes. Agency will not use, copy, republish, lend, distribute, post on servers, transmit, redistribute, display, in whole or in part, by any means or medium, electronic or mechanical, or by any information storage and retrieval system, any Subscription Material or any Derivative Work prepared by or for Agency other than as expressly authorized by the immediately preceding sentence. Without limiting the generality of the foregoing, Agency will not import, upload, or otherwise make available any Subscription Material or any Derivative Work prepared by or for Agency into or onto any third party Copyright 201500 Lexipol, LLC 1995-2015 34 of 158 Rev 10/28/15 2 knowledge, document, or other content management system or service without Lexipol's prior written consent. The foregoing does not, however, prohibit or restrict Agency from providing Subscription Material or Derivative Works prepared by or for Agency pursuant to an order from a court or other governmental agency or other legal process, nor does it prohibit or restrict Agency from displaying the adopted/approved final policy document on a publicly accessible website for official Agency purposes, such as the National City's and or Police Department's webslte or other City/Department social media platforms, so long as Agency includes the appropriate copyright and other proprietary notices on such final policy document as required by Section 4 above. Agency is subject to the Public Records Act and this provision is not intended to impede or impair the requirements and obligations under that Act. Agency agrees to advise Lexipol and Lexipol agrees to advise Agency of any such request and their subsequent response to such request. 6. Account Security. Agency is solely responsible for maintaining the confidentiality of Agency's user name(s) and password(s) and the security of Agency's Account. Agency will not permit access to Agency's Account, or use of Agency's user name(s) and/or password(s) by any person or entity other than authorized Agency personnel. Agency will immediately notify Lexipol in writing if Agency becomes aware that any person or entity other than authorized Agency personnel has used Agency's Account or Agency's user name(s) and/or password(s). 7. Privacy Policy. Lexipol will hold all information Agency provides in confidence unless required to provide information in accordance with an order from a court or other governmental agency or other legal process. Agency acknowledges that Lexipol may provide view -only access and summary information to the Agency's affiliated Risk Management Authority, insurance Pool or Group if they have provided an economic subsidy. Lexipol will use commercially reasonable efforts to ensure the security of Lexipol's systems and to protect the confidentiality of information Lexipol receives from Agency. Lexipol's system uses Secure Socket Layer (SSL) Protocol for browsers supported by Lexipol application(s). SSL encrypts information as it travels between the Agency and Lexipol. However, Agency acknowledges and agrees that Internet data transmission is not always 100% secure and Lexipot does not warrant or guaranty that information Agency transmits utilizing the Lexipol system or online platform is 100% secure. 3. Policy Adoottojn,. Agency hereby acknowledges and agrees that any and all policies and Daily Training Bulletins (DTBs) included in the Subscription Material provided by Lexipol have been individually reviewed, customized and adopted by Agency for use by Agency. Agency further acknowledges and agrees that neither Lexipol nor any of its agents, employees or representatives shall be considered "policy makers" in any legal or other sense and that the chief executive of Agency will, for all purposes, be considered the °policy maker" with regard to each and every such policy and DTB. 9, Disclaimer of Liability. In developing the Subscription Materials, Lexipol has made a good faith effort to comply with all applicable statutes, case law and industry standards in effect at the time such Subscription Materials are provided to Agency. Whlie Lexipol has made such a good faith effort, Agency acknowledges and agrees that Lexipoi its officers, agents, managers, and employees will have no liability to Agency or any other person or entity arising from or related to the Subscription Materials, or any act or omission by Agency or its personnel pursuant to, or in reliance on, any of the Subscription Materials. 10. Limitation of Liability. Lexipol's cumulative liability to Agency and any other person or entity for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement or the use of any Subscription Materials shall not exceed the subscription fees actually paid to Lexipoi for the use of the Subscription Materials under this Agreement during the twelve-moritti period immediately prior to the assertion of such claim, demand or action. In no event shall Lexipol be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Lexipol has been advised of the possibility of such damages. The limitations set forth in this Section shall apply whether Agency's claim is based on breach of contract, tort, strict liability, product liability or any other theory or cause of action. 11. Non -Transferability. The subscriptions and rights to use the Subscription Material granted by this Agreement are personal to Agency and Agency shall not assign or otherwise transfer the same to any other person or entity. Copyright 2015 0 Lexipol, LLC 1995-2015 35 of 158 Rev 10/28/15 3 12. Confidentiality. From time to time during the term of this Agreement, a party may be required to disclose information to the other party that is marked "confidentiar or the like, or that is of such a type that the confidentiality thereof is reasonably apparent ("Confidential Information). The receiving party will: (a) limit disclosure of any Confidential Information of the other party to the receiving party's directors, officers, employees, agents and other representatives (collectively "Representatives") who have a need to know such Confidential Information in connection with the business relationship between tee parties to which this Agreement relates, and only for that purpose; (b) advise its Representatives of the confidential nature of the Confidential Information and of the obligations set forth In this Agreement and require such Representatives to keep the Confidential Information confidential and to use it only as permitted by this Agreement; (c) keep all Confidential Information confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information; and (d) not disclose any Confidential Information received by it to any third party (except as otherwise provided for herein). Notwithstanding the foregoing, however, a party may disclose Confidential Information of the other party pursuant to any governmental, judicial, or administrative order, Public Records Act request, subpoena, discovery request, regulatory request or similar method, provided that the party proposing to make any such disclosure will promptly notify, to the extent practicable, the other party in writing of such demand for disclosure so that the other party may, at its sole expense, seek to make such disclosure subject to a protective order or other appropriate remedy to preserve the confidentiality of the Confidential Information. Each party shall be responsible for any breach of this Section by any of such party's Representatives. Miscellaneous. 13.1 Governino Law, This Agreement shall be construed in accordance with, and govemed by, the laws of the State of California, without giving effect to any choice of law doctrine that would cause the law of any other jurisdiction to apply. 13.2 Entire Acreernent. This Agreement, as defined in Section 1.2, embodies the entire agreement and understanding of the parties hereto and hereby expressly supersedes any and all prior written and oral agreements and understandings with respect to the subject matter hereof, including without limitation any and all agreements and understandings pertaining to the use of the Subscription Materials by Agency. No representation, promise, inducement, or statement of intention has been made by any party hereto that is not embodied in this Agreement. Terms and conditions set forth in any purchase order, or any other form or document of Agency, which are inconsistent with, or in addition to, the terms and conditions set forth in this Agreement, are hereby objected to and rejected in their entirety, regardless of when received, without further action or notification by Lexipol, and shall not be considered binding on Lexipol unless specifically agreed to in writing by it. 13.3 Headings. The captions and other headings contained in this Agreement are for convenience only and shall not be considered a part of or affect the construction and interpretation of any provision of this Agreement. 13.d Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same document. 13.5 Amendment. No amendment, modification, or supplement to this Agreement shall be binding unless it is in writing and signed by the party sought to be bound thereby. 13.6 Attorneys' Fees. if any action Is brought by either party to this Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorneys' fees and expenses of litigation. 13.7 General Interpretation. The language used in this Agreement shall be deemed to be the language chosen by the parties hereto to express their mutual intent. This Agreement shall be construed without regard to any presumption or rule requiring construction against the party causing such instrument or any portion thereof to be drafted, or in favor of the party receiving a particular benefit under the Agreement. No rule of strict construction will be applied against any person or entity. Copyright 2015 0 Lexipol, LLC 1995-2015 36 of 158 Rev 10/28/15 4 13.8 Notices. Any notice required by this Agreement or given in connection with It, shall be in writing and shall be given by personal delivery, by certified mail, postage prepaid, or by recognized overnight delivery service to the appropriate party at the address of such party stated on the cover sheet to which these General Terms and Conditions are attached, or such other address as such party may indicate by a notice delivered to the other party in accordance with the terms of this Section. Alternatively, electronic mail or facsimile notice is acceptable when acknowledged by the receiving party. 13.8 invalidity of Provisions. Each of the provisions contained in this Agreement is distinct and severable and a declaration of invalidity or unenforceability of any such provision or part thereof by a court of competent jurisdiction shall not affect the validity or enforceability of any other provision hereof. Further, if a court of competent jurisdiction finds any provision of this Agreement to be invalid or unenforceable, then the parties agree that the court should endeavor to give effect to the parties' intention as reflected in such provision to the maximum extent possible. 13.10 Waiver. Lexipors failure to exercise, or delay in exercising, any right or remedy under any provision of this Agreement shall not constitute a waiver of such right or remedy. End of General Terms and Conditions Copyright 2015 ® Lexipol, LLC 1995-2015 Rev 10/28/15 5 37 of 158 CC/CDC-HA Agenda 9/20/2016 — Page 38 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 C.S. Legacy Construction, Inc. in the not -to -exceed amount of $612,243 for the Paradise Creek Educational Park Project, CIP No. 16-08; 2) authorizing a 15% contingency 38 of 158 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE September 20, 2016 AGENDA ITEM NO. ITEM TITLE° Resolution of the City Council of the City of National City, 1) awarding a contract to C.S. Legacy Construction, Inc. in the not -to -exceed amount of $612,243 for the Paradise Creek Educational Park Project, CIP No. 16-08; 2) authorizing a 15% contingency in the amount of $91,836.45 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: Jose Lopez, Junior Engineer - Civil DEPARTMENT: Engineering/Public Works PHONE: 619-336-4312 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: 296-406-500-598-6191 (Prop 84 Grant — Paradise Creek Educational Park) — $562,243 001-409-500-598-7049 (Drainage Improvements) — $50,000 Funds are available in these accounts through prior City Council appropriations ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt Resolution awarding a contract to C.S. Legacy Construction, inc. in the not -to -exceed amount of $612,243 for the Paradise Creek Educational Park Project, CIP No. 16-08. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENT.: 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution 39 of 158 EXPLANATION The project will expand Paradise Creek Educational Park, which is located on W. 19th Street behind Kimball Elementary School. Improvements include the removal of approximately 13,600 square feet of impervious pavement to instal[ an educational native plant walk with interpretive signage, a community garden, new pathways and walking trails, a bioretention basin to treat off -site run-off, and park furnishings. On July 20, 2016, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On July 22, 2016 and July 29, 2016, the bid solicitation was advertised in local newspapers. On August 22, 2016, six (6) bids were received electronically on PlanetBids by the 10:00 a.m. deadline. Bid results were available immediately after the 10:00 a.m. deadline. Fordyce Construction, Inc. was the apparent lowest bidder with a total base bid plus additive bid amount of $756,976.50. Upon review of all documents submitted, Fordyce Construction, Inc.'s bid was deemed "non -responsive" due to bid irregularities. C.S. Legacy Construction, Inc. was the second lowest bidder with a total base bid plus additive bid amount of $777,288.00. Upon review of all documents submitted C.S. Legacy Construction, Inc.'s bid was deemed 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 C.S. Legacy Construction, Inc. in the not -to exceed amount of $612,243 which includes the following: • Combined Base Bid amount of $590,421 o Includes the general improvements, site improvements, landscaping, drainage improvements, and earthwork. • Additive Bid amount of $21.822 o Includes construction of a catch basin, chain link fence and two gates, and a driveway for staff access to provide regular maintenance to Paradise Creek. Staff also recommends authorizing a 15% contingency in the amount of $91,836.45 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. 40 of 158 NAME: CIP NO: DATE: TIME: : -' CALIFORNIA.._-•It NATIONAL CliTy . to Orconi.oanTO BID OPENING RESULTS PARADISE CREEK EDUCATIONAL PARK 16-08 Monday, August 22, 2016 10:00 A.M. ESTIMATE: $620,500 PROJECT ENGINEER: Kuna Muthusamy, P.E. NO, BIDDER'S NAME Grand Total* ADDENDA BID SECURITY -BOND 1 Fordyce Construction, Inc. 9932 Prospect Ave #138 Santee, CA 92071 $756,976.50 (Non -Responsive) Yes Bond 2 C.S. Legacy Construction, Inc 1461 S East End Ave Pomona, CA 91766 $777,288.00 Yes Bond 3 Palm Engineering Construction Company, Inc. 7730 Opportunity Rd. #J San Diego, CA 92111 $798,093.00 Yes Bond 4 M.A. Stevens Construction, Inc. 125 E 17th Street National City, CA 91950 $833,182.29 Yes Bond 5. Just Cons ruction, Inc. 3103 Market Street San Diego, CA 92102 $899,423.70 Yes Bond 6. Western Rim Constructors, Inc. 621 S Andreasen Drive, Suite B Escondido, CA 92029 $1,021,329.81 Yes 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, shall be used to determine the lowest responsive bid. 41 of 158 Bid Results for Paradise Creek Educational Park (CIP No. 16-08) Fordyce Construction, Inc Non -Responsive C.S. Legacy Construction, Inc. PALM LNGiNEEftING - CO 4STRUCTION COMPANY, 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) Rase Bid - Genera 1 Mobilization/Demobilization LS 1 $45,900.00 $45,900.00 ; $77,544.00 $77,544.00 $50,000.00 S60,000.00 2 Surveying and Construction Staking LS 1 $15,900.00 $15,900.00 $17,561.00 $17,561.00 $13,0Q0.00 S13,000.00 3 Signing and Striping LS 1 $3,200.00 $3,200.00 $4,231.00 $4,231.00 $6,000.00 1.-- 56,00G.00 4 Traffic Control LS 1 $3,700.00 $3,700.00 $6,656.00 $6,656.00 $30,000.00 _ S3.0,000.00 5 Clearing and Grubbing LS 1 $20,900.00 $20,900.00 $46,635.00 $46,635.00 $50,000.00 550,000,<:li.: 6 Water Pollution Control LS 1 $17,600.00 $1.7,60[1.00 $8,591.00 $8,591.00 $15,000.00 5 i 5.0-00,:!i_C Subtotal $107,200.00 $161,218.00 $164,000.00 case 13id - Site Improvements 7 Construct 4" PCC Sidewalk per SDRSD G-7, G-9, G-10, G-11 SF 965 $14.50 $13,992.50 $6,60 $6,369.00 $7.00 $6,755.00 , 8 Construct Curb Ramp (All Types) EACH 1 $5,100.00 $5,100.00 $2,261.00 $2,261.00 $3,500.00 $?.50`1.00 9 Construct 6" Curb per SDRSD G-1 LF 93 $48.50 $4,753.00 $22.00 $2,156.00 $40.00 $3,» LO.00 10 Construct 6" Curb and Gutter per SDRSD G- 2 LF 220 $40.00 $8,800.00 $30.00 $6,600.00 $30.00 $6,600.00 11 Furnish and install Composite Bender Board LF 2447 $10.00 $24,470.00 $8.00 $19,576.00 $10.00 $24,470.00 12 Construct Asphalt Concrete Pavement TON 40 5280.00 $11,200.00 $266.00 $10,640.00 $240.00 $9,600.00 13 Construction Crushed Aggregate Base TON 110 $65.00 $7,150.00 $58.00 $6,380.00 $40.00 $4,400.00 14 Type II REAS, Plant Mix GAL 240 $2 06 0 $6,240.00 I $70.50 $16,920.00 $10.00 $2,400.00 15 Furnish and Install Ornamental Fence LF 203 $126.00 $25,578.00 ' $193.00 $39,179.00 $140.00 $28,420.00 16 Furnish and Install Ornamental Fence Gate EACH 2 $3,100.00 $6,200.00 ; $1,792.00 $3,584.00 $2,200.00 $4•,400.00 ; 17 Contruct Chain Link Fence Double Gate EACH 1 $4,400.00 $4,400.00 $3,291.00 $3,291.00 $2,000.00 $2,1200.00 18 Refurbish and Relocate Existing Bollard EACH 4 $2,000.00 : 040.00 $419.00 $1,676.00 $800.00 52 200.00 42 of 158 Bid Results for Paradise Creek Educational Park (CIP No. 16-08) Fordyce Construction, Inc. Nor,-Responvve C.S. Legacy Construction, Inc. PALM tNGINEERING I CONSTRUCTION COMPANY, INC. !tern 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) 19 Furnish and Install Picnic Tables EACH 2 $3,000.00 $6,000.00 $2,506.00 $5,012.00 $2,800.00 $5,600.00 20 Construct Seven (7) Planter Boxes LS 1 $7,300.00 $7,300.00 $8,210.00 $8,210.00 $28,000.00 $28,000.00 21 Furnish and Install Compost Bin EACH 1 $400.00 $400.00 $263.00 $263.00 $500.00 $500.00 22 Furnish and Install Stabilized Decomposed Granite (4" Depth) TON 100 $110.00 $11,000.00� $68.00 $6,800.00 $160.00 $16,000,00 23 Restore Existing Stabilized Decomposed Granite Paths (2" Depth) TON 25 $140.00 $3,500.00 $68.00 $ 1,700.00 $200.00 $5 UJ0.00 24 Furnish and Install Shed EACH 1 $2,000.00 $2,000.00 $4,592.00 $4,592.00 $2,500.00 $2,500.00 25 Construct 0ul:door Wash Bin with Greywater infiltration System LS 1 $5,600.00 $5,600.00 $9,889.00 $9,889.00 $3,000.00 $3,000.00 26 Furnish and Install Storage Bin EACH 1 $300.00 $300.00 $230.00 $230.00 $600.00 $600.00 1 27 Furnish and Install Vertical Garden EACH 2 $800.00 $1,500.00 , $1,035.00 $2,070.00 $1,800.00 $3, .00 28 Furnish and Install Chalk Board EACH 1 $800.00 $800.00 $487.00 $487.00 $800.00 $800.00 29 Furnish and Install Permeable Pavers SF 1410 $17.00 $23,970.00 $11.00 $15,510.00 $16,00 $22,560.00 30 Construct Raised Deck LS 1 $37,900.00 $37,900.00 $37,388.00 $37,388.00 $50,000.00 $50,000.00 31 Furnish and Install Shade Sail LS 1 $5,400.00 $5,400.00 $10,791.00 $10,791.00 $15,000.00 $15,000.00 32 Construct Shade Sail Supports _ EACH 3 $2,300.00 $6,900.00 $2,320.00 $6,960.00 $1,500.00 $4,500.00 33 Construct Concrete Header Curb LF 405 $30.00 $12,150.00 $24.00 $9,720.00 $28.00 $11,340.00 34 Furnish and Irstall Modified Curb Outlet Type A per SDRSD D-25 EACH 1 $14,300.00 =,3OCr.CtiO $8,323.00 $8,323.00 $2,500.00 $2,500-00 Subtotal $265,003.50 $24E.,577.00 $271,165,00 gaFQ Riff • L•iiielsearliw4 35 Landscaping LS L 1 $97,000.00 $97,000.00 $41,360.00 $41,360.00 $60,000.00 $60,000.00 36 Landscape 6 month Maintenance Period LS 1 $9,100.00 $9,100,00 $22,137.00 $22,137.00 $6,000.00 $6,000,00 37 Irrigation LS 1 $66,000.00 $66,000.00 $42,216.00 $42,216.00 $27,000.00 '.7,.000 Subtotal $172,100.00 $105,713.00 $93,000.00 nava 7 43 of 158 Bid Results for Paradise Creek Educational Park (CIP No. 16-08) Fordyce Construction, Inc. Non -Responsive C.S. Legacy Construction, Inc. PALM ENGINEERING CONSTRUCTION COMPANY, 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) 38 Gee Bid - Dry Improvexrs Construct Vegetated Bioretention Basin with 4'1 Perfo'ated Pipe SF 1200 $19.00 $22,800.00 $31.41 $37,692.00 $35.00 542,000,00 39 Construct Bioswale SF 400 $21.00 $8,400.00 $29.57 $11,828.00 $33.00 $13,200,00 40 Construct Concrete Lug per SDRSD D-63 EACI- 1 $900.00 $900..0. $3,515.00 $3,515.00 $1,000.00 1.3,000.00 Subtotal $32,100.00 $53,035.00 $56,200.00 Lase Bid - Earthwork 41 Unclassified Excavation L5 1 $38,300.00 $38,300.00 $12,578.00 L $12,578.00 $30,000.00 $30,000.00 42 Removal, disposal, and replacement of unsuitable material CY '50 $80.00 $4,000-01: $226.00 $11,300.00 $100.00 $5,000.00 Subtotal $42,300.00 $23,878.00 $35,000.00 Additive: F3id 43 Communications, Fiber, and Camera System LS 1 $5,700.00 $5,700.00 $57,341.00 r $57,341.00 $61,000.00 $61,000.00 44 Lighting and Electrical LS 1 $96,400.00 $96,400.00 $107,704.00 $107,704.00 $100,000.00 5100,M0.00 45 Construct Modified Catch Basin - Type F EACH 1 $23,700.00 $23,700.00 $13,023.00 $13,023.00 $12,000.00 ;; L2(Vhi rr. 46 Furnish and Irstall 6' High Chain Link Swing Gate per SDRSD M-5 (L-7') EACH 1 $1.,400.00 $1,400.00 $1,058.00 $1,058.00 $1,500.00 S1.50o.00 47 Furnish and Install 6' High Chain I.ink Swing Gate per SDRSD M-5 {L=12') EACH 1 $2,300.00 $2,300.00 $1,881.00 $1,881.00 $2,400.00 $2,400.00 48 Furnish and Install 6' High Chain Link Fence per SDRSD M-6 LF 19 $57.00 $1,653.00 $196.00 $5,684.00 L $52.00 $1,508.00 49 Construct Concerete Driveway per SDRSD G- 14B SF 15 $445.00 ,$,7,120.00 $11.00 $176.00 $20.00 ;:; <aJAO Addii ive. Bid Subtotal $138,273.00 $186,867.00 $178,728.00 Dacia l 44 of 158 Bid Results for Paradise Creek Educational Park (CIP No. 16-08) Fordyce Construction, Inc. Non-Responsrve CS. Legacy Construction, Inc. PALM ENGiI EERIN ,.. )NSTRUCTIQN COMPANY, 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) Summary of Award Base Bid Base Bid - General $107,200.00 $161,218.00 $164,000.00 Base Bid - Site Improvements $265,003.50 $246,577,00 $271,165.00 Base Bid - Landscap'ng $172,100.00 $105,713.00 $93,000.00 Base Bid - Drainage Improvements $32,100.00 $53,035.00 556 _00.0? Base Bid - Earthwor< $.3Ap.Q0 $23,878.00 ,.1:, : ?:.1 Combined Base Bid $618,703.50 $590,421.00 $619,365.00 Combined Base Bid Awarded $618,703.50 $590,421.00 $619,365.00 ' Additive Bid Communications, Fiber, and Camera System $5,700.00 $57,341.00 $61,000.00 Lighting and Electrical $96,400.00 $107,704,00 $100,000.00 Construct Modified Catch Basin $23,700_00 $13,023.00 , i? ,loc.uO Furnish and Install 6' High Chain Link Swing Gate $1,400.00 $1,058.00 $1,500.00 Furnish and Install 6' High Chain Link Swing Gate $2,300.00 . $1,881,00 $2,400.00 • Furnish and Install 6' High Chain Link Fence $1,653.00 $5,684.00 $1,508.00 '' Construct Concerete Driveway $7/120..00 $176.00 320.00 Additive 13ic1 Total $138,273.00 $186,867.00 $178,728,00 Additive Bid Awa{°dkd' _ $36,.173.00 $21,822.00 $17,728.00 Grand Total (Combined Base Bid plus Additive Bid Total) $756,976.50 $777,288.00 $798,093.00 Grand Total Awarded (Combined Base Bid Awarded plus Ad`dit ve Bid Total) $654,876.50 $612,743.00 $637,093.00 *Additive Bids Awarded include Additive Bid Line Item #'s 77, 78, 79, 80, 81 A 45 of 158 CC/CDC-HA Agenda 9/20/2016 — Page 46 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving the transfer of certain Real Property from the City of National City to the Community Development Commission -Housing Authority of the City of National City consisting of portions of Hoo 46 of 158 DST 106122 CC/CDC-HA Agenda 9/20/2016 — Page 47 47 of 158 CC/CDC-HA Agenda 9/20/2016 — Page 48 The following page(s) contain the backup material for Agenda Item: Warrant Register #6 for the period of 08/03/16 through 08/09/16 in the amount of $341,784.95. (Finance) 48 of 158 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 20, 2016 AGENDA ITEM NO. ITEM TITLE: Warrant Register #6 for the period of 08/03/16 through 08/09/16 in the amount of $341,784.95. (Finance) PREPARED BY: K. Apalategui: PHONE: ;619-336-4572 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 08/03/16 through 08/09/16. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor SDG&E DEPARTMENT: Finance APPROVED BY: Check/Wire Amount Explanation 324805 95,395.46 Gas & Electric Utilities FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $341,784.95 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Ratify warrants totaling $341,784.95 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #6 49 of 158 C. 4 I FOR.NiJA 1/2 PAYEE USBANK ACADEMI TRAINING CENTER LLC ACE UNIFORMS & ACCESSORIES INC ACME SAFETY & SUPPLY CORP AETNA RESOURCES FOR LIVING ALEXANDER'S LEGAL SEMINARS AMERICAN AWARDS AT&T MOBILITY AUTO BEAUTY PRODUCTS AZTEC APPLIANCE CALIFA GROUP COX COMMUNICATIONS CSAC EXCESS INS AUTHORITY CYNTHIA TITGEN CONSULTING INC D MAX ENGINEERING INC DELL MARKETING L P DIVISION OF THE STATE DIVISION OF THE STATE DURON, C ESGIL CORPORATION FEDEX FIRE ETC GROSSMAN PSYCHOLOGICAL HANDY METAL MART HARSH DESAI HAVS HEALTH NET HONEYWELL INTERNATIONAL INC JEROME'S FURNITURE KAISER FOUNDATION HEALTH PLANS KONE LASER SAVER INC LEAGUE OF CALIFORNIA CITIES MARLO'S AUTO SPECIALTIES METRO FIRE & SAFETY MILE OF CARS ASSOCIATION MOTOR COP SHOP, INC. OFFICE SOLUTIONS BUSINESS O'REILLY AUTO PARTS PECK, B PRUDENTIAL OVERALL SUPPLY PUBLIC SAFETY PEER QUALA TEL ENTERPRISES QUIROGA, R RESCUE ESSENTIALS RODRIGUEZ, M SAN DIEGO AREA CHAPTER OF IOC SAN DIEGO REGIONAL COMPUTER SD COUNTY POLICE CHIEFS ASSOCIATION NATIONAL Clry amv PoigintimiKow WARRANT REGISTER #6 8/9/2016 DESCRIPTION CREDIT CARD EXPENSES 1 PD FLAT RANGE USE / PD UNIFORMS / FIRE GRAF SHEETING / FIRE EMP ASSISTANCE PROGRAM / AUG 2016 LEGAL MANUAL UPDATE MISS NC PAGEANT TROPHIES/AWARDS WIRELESS SERVICE / 06/06/16-07/05/16 RED POLISH CAR SOAP / FIRE CITY WIDE APPLIANCE PURCHASES / PW EARLY LITERACY STATION 1 LIBRARY INTERNET SERVICE / JUNE 2016 EXCESS WC INSURANCE RISK MANAGEMENT CONSULTANT SVCS T&A #90101; PROJECT SWQMP DELL SFP+ GBIC OPTICS SR 1 MIS DISABILITY ACCESS/EDUCATION FUND DISABILITY ACCESS/EDUCATION FUND REIMB: STRIKE TEAM CHARGE PLAN CHECK SVCS & INSPECTIONS/ BLDG EXPRESS SHIPMENT / HOUSING SWINGOUT VALVE 1.5" / FIRE PRE-EMP PSYCHOLOGICAL EVALS 1 PD 1/8" X 48" X 120. ALUMINUM PLATE / FIRE REFUND: PERMIT 71418; 1125 E PLAZA BLVD HAVS AUDIO/VIDEO TROUBLESHOOTING / MIS HEALTH INS N5992F / AUG 2016 HVAC MAINTENANCE TO SYSTEM SOFA / SENIOR CENTER RETIREES INSURANCE 1 AUG 2016 ELEVATOR MAINTENANCE 1 PW MOP 45725 INK CARTRIDGES / FIRE REGISTRATION: WORKSHOP / MENDIVIL REPAIR RIGHT CARGO BOX / PW BREAKAWAY LOCK / PW FY16 APPORTIONMENTS #10,11 & 12 CT LE HELMET BLK/WHT H MED 1 POLICE STACK CHAIRS W/SUPPORT / COMM SVCS MOP#75877 AUTO PARTS REIMB: VEHICLE RENTAL DALLAS FUNERAL / PD MOP 45742 LAUNDRY SVC / NSD TUITION: PUBLIC SAFETY CONFERENCE/PD REPAIR SIGTRONIC HEADSETS 1 FIRE SUBSISTENCE: K9 TRIALS 1 PD NAR MEDIC TRAUMA PACK / PD REIMB: POLICING BRIEFING / PD TUITION: IBC SIGNIFICANT CHANGES/FIRE FY 2016 INVESTIGATIVE SERVICE FEE MEMBERSHIP f 50 of 158 CHK NO DATE AMOUNT 324755 8/9/16 8,281.92 324756 8/9/16 400.00 324757 8/9/16 381.50 324758 8/9/16 216.00 324759 8/9/16 812.66 324760 819/16 34.14 324761 8/9/16 126.44 324762 8/9/16 400.66 324763 8/9/16 469.26 324764 8/9/16 331.56 324765 8/9/16 500.00 324767 8/9/16 348.00 324768 8/9/16 335.00 324769 8/9/16 2,750.00 324770 8/9/16 746.00 324771 8/9/16 752.23 324772 8/9/16 745.80 324773 8/9/16 140.40 324774 819/16 33.70 324775 8/9/16 1,120.50 324776 8/9/16 53.70 324777 8/9/16 902.52 324778 8/9/16 1,650.00 324779 8/9/16 499.99 324780 8/9/16 9,332.37 324781 8/9/16 220.00 324782 8/9/16 651.54 324783 8/9/16 7,354.89 324784 8/9/16 691.38 324785 8/9/16 21,209.57 324786 8/9/16 3,639.13 324787 8/9/16 109.87 324788 8/9/16 195.00 324789 8/9/16 750.00 324790 8/9/16 388.00 324791 8/9/16 39,553.50 324792 8/9/16 785,00 324793 8/9/16 1,509.60 324794 8/9/16 498.23 324795 8/9/16 433.08 324796 8/9/16 102.16 324797 8/9/16 2,070.00 324798 8/9/16 353.71 324799 8/9/16 244.58 324800 8/9/16 1,372.67 324801 8/9/16 1,384.95 324802 819/16 200.00 324803 8/9/16 12,000.00 324804 8/9/16 350.00 2/2 PAYEE SDG&E SHRED IT USA SILVERADO AVIONICS SMART SOURCE OF CALIFORNIA LLC SOUTH BAY COMMUNITY SERVICES SOUTH BAY FENCE INC SOUTHWEST SIGNAL SERVICE SPARKLETTS STAPLES BUSINESS ADVANTAGE SWEETWATER AUTHORITY SYMBOLARTS, LLC THE COUNSELING TEAM THE LIGHTHOUSE INC TIERRA WEST ADVISORS INC TRITECH SOFTWARE SYSTEMS U S HEALTHWORKS V & V MANUFACTURING VERIZON WIRELESS VISION INTERNET PROVIDERS WAXIE SANITARY SUPPLY POWER PLUS THE HOME DEPOT CREDIT SERVICES 4 * CAM OD,FiN1A NicrioNAL airy WARRANT REGISTER #6 8/9/2016 DESCRIPTION GAS & ELECTRIC UTILITIES RECORDS PURGE SVC / JUNE 2016 BK VHF 500 CHANNEL PORTABLE RADIO / FIRE MOP 63845 BUSINESS CARDS / PD FY 2014-2015 HOME TBRA PROGRAM CITY WIDE ON SITE FENCE INSTALLATION Ir,-rrERSECTION MAINTENANCE/JUNE 2016 WATER - COUNCIL MOP 45704 OFFICE SUPPLIES / COUNCIL WATER SERVICE UTILITIES COIN 1.75" NATIONAL CITY PD BADGE VALUES MONTHLY SVC FEE - JUNE 2016 MOP#45726 AUTO PARTS / PW PROFESSIONAL SERVICES 1 PLANNING TUITION: INFORM CAD SYS ADMIN / PD PRE -EMPLOYMENT PHYSICAL EMPLOYEE RECOGNITION ANNIVERSARY PINS CELLULAR SERVICE / 6/5/16 - 7/04/16 INTRANET W/RESPONSIVE DESIGN / MIS MISCELLANEOUS JANITORIAL SUPPLIES / PW EQUIPMENT RENTAL / S A CHAINLINK FABRIC / S A GRAND TOTAL CHK NO DATE AMOUNT 324805 8/9/16 95,395.46 324806 8/9/16 185.90 324807 8/9/16 3,406.61 324808 8/9/16 111,18 324809 8/9/16 16,863,00 324810 8/9/16 4,995.00 324811 8/9/16 32,657.27 324812 8/9/16 2.00 324813 8/9/16 1,510.71 324815 8/9/16 32,931.20 324816 8/9/16 1,725.00 324817 8/9/16 800.00 324818 8/9/16 263.45 324819 8/9/16 5,229.16 324820 8/9/16 1,450.00 324821 8/9/16 425.00 324822 8/9/16 2,591.20 324823 8/9/16 866.02 324824 8/9/16 9,477.50 324825 8/9/16 2,323.54 324826 8/9/16 39100 324827 8/9/16 855.54 A/P Total 341,784.95 $ 341,784.95 51 of 158 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN 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 206 OF SEPTEMBER, 2016. AYES NAYS ABSENT 52 of 158 CC/CDC-HA Agenda 9/20/2016 — Page 53 The following page(s) contain the backup material for Agenda Item: Warrant Register #7 for the period of 08/10/16 through 08/16/16 in the amount of $1,953,065.30. (Finance) 53 of 158 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 20, 2016 AGENDA ITEM NO. ITEM TITLE: Warrant Register #7 for the period of 08/10/16 through 08/16/16 in the amount of $1,953,065.30. (Finance) PREPARED BY: K. Apalategur PHONE: 619-336-4572 EXPLANATION: DEPARTMENT: Finan APPROVED BY: Per Government Section Code 37208, attached are the warrants Issued for the period of 08/10116 through 08/16/16. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor Check/Wire Public Emp Ret System 8102016 Amount Explanation 437,676.37 Service Period 07/19/2016 — 08/01/16 FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Warrant total $1,953,065.30 ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Ratify warrants totaling $1,953,065.30 BOARD / COMMISSION RECOMMENDATION: :N/A ATTACHMENTS: Warrant Register #7 54 of 158 1/3 PAYEE ADVANCED EXERCISE EQUIPMENT ALL FRESH PRODUCTS ALL THE KINGS FLAGS AMERICAN PLANNING ASSOCIATION BAVENCOFF JR, D BEHAVIOR ANALYSIS BEST BEST & KRIEGER ATTNY LAW BEVERIDGE, M BOOT WORLD BPI PLUMBING CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CAMEON, C CITY OF NATIONAL CITY CLF WAREHOUSE COMMERCIAL AQUATIC SERVICE INC COX COMMUNICATIONS CULLIGAN DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DANIELS TIRE SERVICE DEPARTMENT OF JUSTICE D-MAX ENGINEERING ENTERPRISE FLEET MANAGEMENT ESPIRITU, D FEDEX FERGUSON ENTERPRISES INC GRAINGER HARRIS & ASSOCIATES HAWTHORNE MACHINERY HEALTH NET HONEYWELL INTERNATIONAL INC KONICA MINOLTA LASER SAVER INC LONG, D LUNA, F MANNING & KASS MASON'S SAW MEDIFIT COMMUNITY SERVICES LLC METRO AUTO PARTS DISTRIBUTOR NATIONAL CITY AUTO TRIM NATIONAL CITY TROPHY O'REILLY AUTO PARTS PADRE JANITORIAL SUPPLIES PCS MOBILE PENSKE FORD .4 *' 061,16WINIA..- At: 4'R1Ettim/v w) WARRANT REGISTER #7 8/16/2016 DESCRIPTION CHK NO DATE AMOUNT GYM EQUIPMENT FOR POLICE DEPARTMENT 324826 8/16/16 43,999.24 FOOD / NUTRITION CENTER 324829 8/16/16 2,899.01 CITY WIDE FLAGS, ACCESSORIES & POLES 324830 8/16/16 411.80 RENEWAL: MEMBERSHIP / B RAULSTON 324831 8/16/16 485.00 EDUCATIONAL REIMBURSEMENT 324832 8/16/16 1,070.42 TUITION: INVESTIGATIVE INTERVIEW / PD 324833 8/16/16 481.00 LEGAL 1 PERSONNEL ISSUES 324834 8/16/16 222.30 REIMB: LAMBS PLAYHOUSE DEMOLITION 324835 8/16/16 49.00 MOP#64096 WEARING APPAREL 324836 8116/16 616.62 CITY WIDE PLUMBING AND BACKFLOW SVCS 324837 8/16/16 466.00 MOP#45754 FACILITIES SUPPLIES 324838 8/16/16 287.11 MOP#45698 SUPPLIES / PW 324839 8/16/16 165,48 EDUCATIONAL REIMBURSEMENT 324840 8/16/16 500.00 PETTY CASH REPLENISHMENT / JUNE 2016 324841 8116/16 253.21 SEC WATER FUEL / PW 324842 8/16/18 852.19 PURCHASE OF CHEMICAL SUPPLIES FOR POOL 324843 8/16/16 2,753.02 COX DATA SERVICES 07/10 - 08/09/16 324844 8/16/16 70.75 WATERSOFTNER FOR DISHWASHER / NUTRITION 324845 8/16/16 15.00 LIABILITY CLAIM COSTS 324846 8/16/16 5,255.75 LIABILITY CLAIM COSTS 324847 8/16/16 1,164.88 LIABILITY CLAIM COSTS 324848 8/16/16 1,050.79 LIABILITY CLAIM COSTS 324849 8/16/16 346.88 LIABILITY CLAIM COSTS 324850 8/16/16 156.00 TIRES 98W S2 / PW 324851 8/16/16 5,998.49 NEW EMP FINGERPRINT TEST 324852 8/16/16 320.00 STORM WATER SERVICE 2015-2016 324853 8/16/16 38,758.92 ENTERPRISE FLEET SVCAND MAINT / PW 324854 8/16/16 14,516.51 SUBSISTENCE: POST COMMAND / PD 324855 8/16/16 780.00 EXPRESS SHIPMENT / ENG 324856 8/16/16 55.11 MOP#45723 SUPPLIES / PW 324857 8/16/16 85.45 MOP#65179 SUPPLIES / PW 324858 8/16/16 198.93 GROUP 1 SEWER PROJECT 324859 8/16/16 29,505.25 CUTTING EDGE / PW 324860 8/16/16 861.47 HEALTH INS N5992A 1 AUG 2016 324861 8/16/16 543.45 CITY WIDE HVAC MAINTENANCE / PW 324862 8/16/16 30,390.00 COPIER EQUIP LEASE 1 JUNE 2016 324863 8/16/16 4,335.38 MOP 45725 TONER / MIS 324864 8/16/16 414.09 SUBSISTENCE: INVESTIGATIVE INTERVIEW 1 PD 324865 8/16/16 683.65 REFUND: T&A #90155/90156; 504 I AVE 324866 8/16/16 1,470.93 LIABILITY CLAIM COSTS 324867 8/16/16 52.50 MOP#45729 SUPPLIES / PARKS 324868 8/16/16 358.96 MANAGEMENT FEE 1 JUNE 2016 / CSD 324869 8/16/16 4,848.75 MOP#75943 AUTO PARTS / PW 324870 8/16/16 1,175.92 MOP#72441 AUTO PARTS / PW 324871 8/16/16 75.00 MOP#66556 BUILDING SUPPLIES 1 PW 324872 8/16/16 183.94 MOP#75877 AUTO PARTS 1 PW 324873 8/16/16 91.74 JANITORIAL SUPPLIES / NUTRITION 324874 8/16/16 587.46 CF-3114632CM; WIN7, WIN8.1 PRO COA/PD 324875 8/16/16 8,678.04 MOP#49078 AU' 55 of 158 324876 8/16/16 330.60 2/3 PAYEE PERRY FORD PLAZA SQUARE LTD POWERSTRIDE BATTERY CO INC PRO BUILD PRO -EDGE KNIFE PRUDENTIAL OVERALL SUPPLY RIBBONS GALORE RICK ALBA APPRAISAL SERVICE RTAC RHINO TRUCK SAFRAN MORPHOTRUST SAiY'S ALIGNMENT SERVICE SAN DIEGO FRICTION PRODUCTS SAN DIEGO GAS & ELECTRIC SAN DIEGO UNION TRIBUNE SASI SCANLON, D SCS ENGINEERS SCST INC SDG&E SEAPORT MEAT COMPANY SHERWIN WILLIAMS SHERWIN WILLIAMS. SITEONE LANDSCAPE SUPPLY LLC SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SOUTHERN CALIF TRUCK STOP SPARKLETTS STAPLES BUSINESS ADVANTAGE SUPERIOR READY MIX SWEETWATER AUTHORITY SYSCO SAN DIEGO INC T MAN TRAFFIC SUPPLY TELLEZ, J THE FOCUS GROUP THE LIGHTHOUSE INC THONISON REUTERS WEST TOPECO PRODUCTS TRUCK VAULT INC U S BANK U S HEALTHWORKS U S HEALTHWORKS UNDERGROUND SERVICE ALERT VALLEY INDUSTRIAL SPECIALTIES VALLEY POWER SYSTEMS INC VISION SERVICE PLAN VISTA PAINT VULCAN MATERIALS COMPANY WAUSAU TILE INC WAXIE SANITARY SUPPLY CCAU;U ¢0 UNIA +. . . igATIKODI_ry WARRANT REGISTER #7 8/16/2016 DESCRIPTION R & M CITY VEHICLES FOR FY 2017 SETTLEMENT MOP#67839 AUTO PARTS / PW MOP#45707 SUPPLIES / NSD KNIFE SHARPENING SERVICE / NUTRITION MOP#45742 LAUNDRY SERVICES / PARKS CUSTOM FLAT RIBBON / CSD LIABILITY CLAIM COSTS SNUGTOP SUPER SPORT SHELL / PW NEW EMP FINGERPRINT TEST - JUNE 2016 MOP#72442 AUTO PARTS / PW MOP#8033 AUTO PARTS / PW GAS & ELECTRIC SVCS / NUTRITION PARADISE CREEK CLASSIFIED LISTING FLEXIBLE SPENDING 20 PARTICIPANTS SUBSISTENCE: DUI SEMINAR SFST / PD WELL DESTRUCTION PROJECT AT POLICE DEPT PLAZA AND N AVE PROJECT GAS & ELECTRIC UTILITIES MEAT / NUTRITION CENTER MOP 77816 PAINT SUPPLIES l NSD MOP 77816 MISC SUPPLIES! NSD MOP#69277 LANDSCAPE SUPPLY / PARKS MOP 45756 MISC SUPPLIES / FIRE MOP 63845 BUSINESS CARD IMPRINTS MOP#45758 OIL / PW WATER / NUTRITION CENTER MOP 45704 OFFICE SUPPLIES / S8 TACK OIL, 318 SHEET AND COLD MIX / PW FACILITIES DIVISION WATER UTILITIES FOOD / NUTRITION CENTER MOP#76666 PAINT f PW REIMB: COLORADO MARIJUANA IMPACT 1 PW REFUND: T&A #90070; NC CHICKEN LLC MOP#45726 AUTO PARTS / PW ON-LINE LEGAL RESEARCH / MAY 2016 MOP/l63849 AUTO PARTS / PW Z-CUSTOM, CUSTOM VAULT / PW CREDIT CARD EXPENSES / FIRE PRE -EMPLOYMENT PHYSICAL DOT EXAM UNDERGROUND SERVICE ALERT FY 2017 MOP#46453 SUPPLIES f PW PARTS - AUTOMOTIVE SUPPLIES f PW VISION SVC PLAN (CA) / AUG 2016 MOP 68834 PAINT SUPPLIES 1 NSD WASHED CONCRETE SAND / PW BENCH CONCRETE TABLE / CSD MISCELLANEOL SUPPLIES 56 of 158 CHK NO DATE AMOUNT 324877 8/16116 713.13 324878 8/16/16 1,500.00 324879 8/16/16 92.54 324880 8/16/16 2,874.49 324881 8/16/16 92.00 324882 8/16/16 779.33 324883 8/16/16 160.71 324884 8/16/16 125.00 324885 8/16/16 5,733.92 324886 8/16116 20.00 324887 8/16/16 153.00 324888 8/16/16 141.44 324889 8/16/10 190.52 324890 8/16/16 456.60 324891 8/16/16 270.00 324892 8/16/16 640.00 324893 8/16/16 38,241.90 324894 8/16/16 6,850.50 324895 8/16/16 32,126.37 324896 8/16/16 3,354.46 324897 8/16/16 205.74 324898 8/16/16 155.79 324899 8/16/16 1,443.48 324900 8/16/16 171.90 324901 6/16/16 450.18 324902 8116/16 52.73 324903 8/16/16 33.48 324904 8/16/16 1,192.91 324905 8/16/16 444.53 324906 8/16/16 9,507.29 324907 8/16/16 15,079.47 324908 8/16/16 412.02 324909 8/16/16 492.40 324910 8/16/16 17,266.67 324911 8/16/16 103.50 324912 8/16/16 1,773.64 324913 8/16/16 6.21 324914 8/16/16 6,667.00 324915 8/16/16 1,243.72 324916 8/16/16 225.00 324917 8/16/16 81.00 324918 8/16/16 214.50 324919 8/16116 1,210,85 324920 8/16116 3,148.33 324921 8/16(16 484.59 324922 8/16/16 531.61 324923 8/16/16 329,96 324924 8/16/16 2,009.60 324925 8/16/16 280.31 PAYEE WESTFLEX INDUSTRIAL JUDD ELECTRIC ABLE PATROL & GUARD BAKER & TAYLOR BRODART CO CALIFA GROUP NEWSBANK INC STAPLES BUSINESS ADVANTAGE U S POSTMASTER WIRED PAYMENTS EDD ARCO BUSINESS SOLUTIONS PAYCHEX BENEFIT TECHNOLOGIES PUBLIC EMP RETIREMENT SYSTEM SECTION 8 HAPS PAYROLL Pay period Start Date 17 8/2/2016 / I . 'CAMO R.NI-A itircopmeskrou WARRANT REGISTER #7 8/16/2016 DESCRIPTION MOP#63850 TRAFFIC SUPPLIES CITY WIDE ON SITE ELECTRICAL SERVICES 1 PW SECURITY GUARD SERVICES 1 LIBRARY BOOKS 1 LIBRARY BOOK PROCESSING SUPPLIES / LIBRARY CALIFA MEMBERSHIP RENEWAL / LIBRARY WEB BASED ACCESS TO WORLD NEWS 1 LIBRARY MOP #45704 - SUPPLIES 1 LIBRARY POSTAGE FOR OVERDUE NOTICES / LIBRARY UNEMPLOYMENT INS 4/01 /16 - 6/30/16 FUEL FOR CITY FLEET JULY 2016 BENETRAC ESR SVCS BASE FEE AUG 2016 SERVICE PERIOD 07/19/16 - 08/01/16 Start Date End Date 8/10/2016 8/16/2016 End Date Check Date 8/15/2016 8/24/2016 GRAND TOTAL 3/3 CHK NO REM AMOUNT 324926 8/16/16 175.93 324927 8/16116 1,210.00 324928 8/16/16 2,985.00 324929 8/16/16 1,994.90 324930 8/16/16 554.52 324931 8/16/16 400.00 324932 8/16/16 4,630.00 324933 8/16/16 61.02 324034 8/16/16 98.00 AMP Total 380,715.67 35944 8/11/16 6,625.00 165069 8/12/16 23,469.54 512547 8/12/16 412.00 8102016 8/10/16 437,676.37 16,275.58 1,087,891.14 $11,953,065.30 57 of 158 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 CLATMS ANT) DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. 11/ --Zr( MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMM17"rEE RONALD J. MORRISON, MAYOR -CHAIRMAN JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOL1S, MEMBER MONA RIOS, MEMBER ALBERT MI;NDIVIL, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND TIIE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 20,h OF SEPTEMBEK, 2016. AYES NAYS ABSENT 58 of 158 CC/CDC-HA Agenda 9/20/2016 — Page 59 The following page(s) contain the backup material for Agenda Item: Warrant Register #8 for the period of 08/17/16 through 08/23/16 in the amount of $1,250,523.16. (Finance) 59 of 158 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 20, 2016 AGENDA ITEM NO. ITEM TITLE: Warrant Register #8 for the period of 08/17/16 through 08/23/16 in the amount of $1,250,523.16. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Finance PHONE: 019-336-4572 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 08/17/16 through 08/23/16. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor ARJIS City of Chula Vista Dick Miller Inc Haaker Equipment Co National City Chamber Western Rim Constructors APPROVED BY: c."-a61€1(-(7-6-4,4"° Check/Wire Amount Explanation 324943 66,562.00 324953 105,553.50 324963 204,322.50 324968 409,267.75 324984 55,616.13 325013 162,151.34 ARJIS JPA Costs Utilization / PD Animal Care Fees / PD Plaza Blvd & 14th St Project Vector 2110 Combination Sewer Cleaner NC Tourism Marketing — June 2016 Kimball & El Toyon Project FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,250,523.16 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: ;Ratify warrants totaling $1,250,523.16 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #8 60 of 158 112 C A: M P O, N A I-0 PAYEE CALIFORNIA COMMERCIAL SECURITY CINTAS CORPORATION 694 REGIONAL TRAINING CENTER ACME SAFETY & SUPPLY CORP AFLAC ALDEMCO ALPHA PROJECT FOR THE HOMELESS ARJIS AT&T AT&T AT&T AT&T MOBILITY BOOT WORLD BROADWAY AUTO GLASS CALIFA GROUP CALIFORNIA ASSOCIATION OF CARAVANTES, S CITY OF CHULA VISTA COAST INDUSTRIAL SYSTEMS COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COX COMMUNICATIONS COX COMMUNICATIONS DATA TICKET INC DAY WIRELESS SYSTEMS DICK MILLER INC E2 MANAGE TECH INC EXPERIAN GARCIA, B GTC SYSTEMS INC HAAKER EQUIPMENT COMPANY HANDY METAL MART HAPPY SOFTWARE INC HONEYWELL ANALYTICS INC INNOVATIVE CONSTRUCTION KAISER FOUNDATION HEALTH PLANS KALANKIEWICZ, C KTU&A LANGUAGE LINE SERVICES LASER SAVER INC MAN K9 INC MCDOUGAL LOVE ECKIS MEGLA MANUFACTURING INC MEYERS NAVE MOTOROLA SOLUTIONS INC MTS NATIONAL CITY CHAMBER WARRANT REGISTER #8 8/23/2016 DESCRIPTION CHK NO DATE AMOUNT CITY-WIDE ON -SITE ELECTRONIC DOOR REPAIR 324935 8/22/16 189.23 UNIFORMS / NUTRITION CENTER 324936 8/23/16 2,46,9.55 CCMA ANNUAL FEES FY16/17 324938 8/23/18 2,250.00 YELLOW CERAMIC DOTS / PW 324939 8/23/16 1,123.64 ACCT BDM36 SEPT 2016 324940 8/23/16 661.84 FOOD / NUTRITION CENTER 324941 8/23/16 13,041.67 EXPENSE REIMB OUTREACH / JUNE 2016 324942 8/23/16 10,000.00 ARJIS JPA COSTS UTILIZATION / PD 324943 8/23/16 66,562.00 PHONE SERVICES / JUNE 2016 324944 8123/16 28,158.50 PHONE SERVICE /JULY 2016 324945 8123/16 167.82 ANNUAL PHONE SERVICE 1 JULY 2016 324946 8123/16 38.25 WIRELESS SERVICE /JUNE 2016 324947 8/23/16 2,267.70 MOP 64096 / SAFETY BOOTS / NSD 324948 8/23/16 77.74 MATERIAL. - GLASS / PW 324949 8/23/16 218,00 LIBRARY CENIC BROADBAND INTERNET ACCESS 324950 8/23/16 4,641.36 REGISTRATION: R SORIANO / NSD 324951 8/23/16 359.00 REIMB: LUNCHES FOR CERT MEMBERS 324952 8/23/16 29.48 ANIMAL CARE FEES 1 PD 324953 8/23/16 105,553.50 FLAT TIP / PW 324954 8/23/16 103.36 UNIFIED PROGRAM FACILITY PERMIT f ENG 324955 8/23/16 530.00 SHARE OF PC REVENUE - JULY 2016 324956 8/23/16 10,489.25 REGIONAL COMMUNICATIONS SYSTEMS 1 JUN 20 324957 8123/16 8,180.33 MAIL PROCESSING SERVICES / JULY 2016 324958 8/23/16 3,599,53 COX DATA SERVICES / JULY 2016 324959 8/23/16 3,529.62 COX DATA SERVICES / AUG 2016 324960 8123/16 340.76 DATA TICKET APPEALS & ON-LINE ACCESS 1 NSD 324961 8/23/16 3,083.50 MAINTENANCE SERVICE FEES f PD 324962 8/23/16 6,534.00 PLAZA BLVD & 14TH ST PROJECT 324963 8/23/16 204,322.50 2020 HOOVER UST PROJECT 324964 8/23/16 330.00 CREDIT CHECKS / POLICE DEPT 324965 8/23/16 93.90 REFUND: PARKING CITATION; NC2160423015 324966 8/23/16 50.00 NETWORK ENGINEERING SUPPORT 324967 8123/16 16,807.50 VECTOR 2110 COMBINATION SEWER CLEANER 324968 8/23/16 469,267,75 PS STEEL FLAT BAR 1 PW 324969 8/23/16 26.60 SOFTWARE SUPPORT RENEWAL / SEC8 324970 8/23/16 10,403.00 REPAIR SERVICE 1 FIRE 324971 6/23/16 650.00 PLAZA BLVD. & 14TH ST. PROJECT 324972 8/23/16 20,477.50 INS ACTIVE - ADJ REPORT / AUG 2016 324973 8/23/16 4,343.03 REIMB: DUI SEMINAR / PD 324974 8/23/16 118.77 PLAZA BLVD. CONST. PROJECT 324975 8/23/16 761.25 LANGUAGE LINE INTERPRETATION SVC 324976 8/23/16 78.61 MOP 45725 INK CARTRIDGE / MIS 324977 8/23/16 468.60 MONTHLY SERVICE FEE / JUL 2016 324978 8/23/16 1,560.00 LIABILITY CLAIM COSTS 324979 8/23/16 56.00 WELDING WATER TRUCK ROOF RACK / PW 324980 8/23/16 2,430.00 SD UNIFIED PORT DISTRICT 324981 8/23/16 1,656.99 IMPRESS 6 UNIT BATTERY CHARGER / PW 324982 8/23/16 755.85 TROLLEY FLAGGER SERVICE / NSD 324983 8/23/16 94.64 NC TOURISM M 61 of 158 NE 2016 324984 8/23/16 55,615,13 1 f , - 00 OrliNIA 2/2 PAYEE MATTHEWS, N PACIFIC HIGHWAY RENTALS LLC PACIFIC TELEMANAGEMENT SERVICE PCS MOBILE PRUDENTIAL OVERALL SUPPLY R J SAFETY SUPPLY RCP BLOCK & BRICK INC RODRIGUEZ, M S D COUNTY SHERIFF'S DEPT SAN DIEGO PET SUPPLY SAN DIEGO POLICE EQUIPMENT SHRED IT USA SMART & FINAL SORIANO, R SPECIALTY FIRE AND RESCUE SPEEDPRO IMAGING STAPLES BUSINESS ADVANTAGE STARTECH COMPUTERS THE COUNSELING TEAM THE SAN DIEGO UNION TRIBUNE TIERRA WEST ADVISORS INC U S BANK UNITED RENTALS VCA EMERGENCY ANIMAL HOSPITAL VCA MAIN ST ANIMAL HOSPITAL VERIZON WIRELESS VISTA PAINT VULCAN MATERIALS COMPANY WESTERN RIM CONSTRUCTORS INC WILLY'S ELECTRONIC SUPPLY Z A P MANUFACTURING INC NATION Cirry rr� firemtpoluerso WARRANT REGISTER #8 8/23/2016 DESCRIPTION SUBSISTENCE: NARCOTICS INVESTIGATIONS STADIUM LIGHT TOWER RENTAL PAYPHONE SERVICES / JULY 2016 DVD MULTI DRIVE FOR CF31 MK3 / PD MOP 45742 LAUNDRY SVC / NSD VEST CLASS 2 GREEN / PW STD ADOBE SLUMP / PW ADV LODGING / FBINAA CA CHAPTER TRAINER / PD 324992 RANGE USE FOR DEPARTMENT MOP 45753 K-9 FOOD - PD PB-PLATECARRIER / ru SHREDDING SERVICES / JUL 2016 MOP 45756 MISC SUPPLIES / PD REIMB: CACEO SEMINAR / NSD MASS TRANSIT RESCUE TRAINING / FIRE GRAPHICS / PW 2 - 12 PAMPHLET / 6 MAGAZINE DISPLAY MOP 61744 MISC SUPPLIES / MIS EMP PEER SUPPORT SVC / MAY 2016 CLASSIFIED LISTING: SEWER LINE PROJECT PROFESSIONAL SERVICES AGREEMENT CREDIT CARD EXPENSES / PD CUTTER ASPH / PW STRAY ANIMAL EMERGENCY VET CARE K9 VET CARE / PD CELLULAR SERVICE / JULY 2016 MOP 68834 PAINT SUPPLIES / NSD 3"CRROCK /PW KIMBALL & EL TOYON PROJECT MOP 45763 MISC SUPPLIES I MIS 3M ROLL GOODS / PW GRAND TOTAL CHK NO DATE AMOUNT 324985 8/23/16 1,280.00 324986 8/23/16 6,706.00 324987 8/23/16 156.00 324988 8/23/16 963.60 324989 8/23/16 52.16 324990 8/23/16 87.09 324991 8/23/16 1,115.14 8/23/16 730.00 324993 8/23/16 400.00 324994 8123/16 735.86 324995 8/23/16 41,165.68 324996 8/23/16 92.95 324997 8/23/16 217.59 324998 8/23/16 351.70 324999 8/23/16 1,190.00 325000 8123/16 233.00 325001 8/23/16 1,884.60 325002 8/23/16 568.86 325003 8/23/16 800.00 325004 8/23/16 546.20 325005 8/23/16 8,658.33 325006 8123/16 1,406.69 325007 8/23/16 161.68 325006 8/23/16 728.40 325009 8/23/16 970.49 325010 8/23/16 11,420.37 325011 8/23/16 167.57. 325012 8/23/16 282.81 325013 8/23/16 162,151.34 325014 8/23/16 68.25 325015 8/23/16 663.55 AM Total 1,250,523.18 $1,250, 523.16 62 of 158 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT 'THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER ALBERT MGNDIVIL, MEMBER 1 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 CTTY COUNCIL ON THE 2CP OF SEPTEMBER, 2016. AYES NAYS ABSENT 63 of 158 CC/CDC-HA Agenda 9/20/2016 — Page 64 The following page(s) contain the backup material for Agenda Item: An Ordinance of the City Council of the City of National City adding Chapter 2.62 to the National City Municipal Code pertaining to informal bidding procedures under the California Uniform Public Construction Cost Accounting Act (CUPCCAA). (Engineering/P 64 of 158 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: (September 20, 2016 AGENDA ITEM NO. ITEM TITLE: An Ordinance of the City Council of the City of National City adding Chapter 2.62 to the National City Municipal Code pertaining to informal bidding procedures under the California Uniform Public Construction Cost Accounting Act (CUPCCAA) 1 PREPARED BY: Stephen Manganiello DEPARTMENT: Engineering/Public Works PHONE: !(61 g) 336.4382 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: [NEAT ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Introduce Ordinance adding Chapter 2.62 to the National City Municipal Code pertaining to informal bidding procedures under the California Uniform Public Construction Cost Accounting Act BOARD / COMMISSION RECOMMENDATION: INA ATTACHMENTS: 1 Explanation 2. Ordinance 65 of 158 Explanation The California Uniform Public Construction Cost Accounting Act was established in 1983 under California Public Contract Code §22000 et seq, to promote uniform bidding procedures and cost accounting standards for Public Works Projects. Public agency participation in the Act is voluntary. As of February 2016, 944 public agencies in California participate in the Act. The following cities in the San Diego Region currently participate in the Act: Coronado, Escondido, Imperial Beach, La Mesa, Carlsbad, Del Mar, Oceanside, Vista. On April 5, 2016, staff provided a presentation to City Councii on California Uniform Cost Accounting Procedures for Public Works Construction. The presentation highlighted the benefits of opting into the Act and steps required to implement uniform cost accounting procedures. The primary benefits include: • Allows participating public agencies to expedite contracting for smaller public works projects; Increases informal bidding limits (currently up to $175,000); Increases limits for work involving City forces (currently up to $45,000); • Establishes a list of qualified contractors to perform the work. Agencies that do not wish to opt into the Act shall continue to adhere to current formal public bidding procedures for all projects over $5,000. At the conclusion of the presentation, staff addressed questions from City Council. Then, Council voted unanimously to direct staff to proceed with preparation of enabling ordinances and administrative policies required to implement California Uniform Cost Accounting Procedures for Public Works Construction. Should Council decide to adopt the attached Ordinance at a subsequent City Council Meeting, staff would notify the State Controller's Office of the City's desire to "opt -in" to the Act, and submit a copy of the supporting Council Resolution. The Ordinance would take effect 30 days after City Council adoption. 66 of 158 ORDINANCE NO. 2016- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 2.62 TO THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO INFORMAL BIDDING PROCEDURES UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code; and WHEREAS, before this Ordinance No. 2016- subject to those competitive bidding requirements section 20160, et. seq.; and WHEREAS, Public Contract Code secti National City to engage in formal competitiv. project exceeded $5,000; and City of National City was Public Contract Code 160, et. seq. ding if the estimate red the City of t of a public WHEREAS, the Uniform Public Construct`: .:-ccounting Act ("Act"), found at Public Contract Code section 220 -t. seq. prop`: _ entities an alternative, informal competitive bidding process with 1.:=:` :'='::;- r limits Public Contract Code section 20160 et. seq.; and WHEREAS, on city staff to move forw 016 the arch r ity of National City directed adoptio-+f the Act; and WHEREA'- < 2016, t`- _ :City Council approved Resolution whereby the City e '"`• to b- "'`:--.:.'ect t__ae Act, which provides for an alternative, less -formal rocedure -"`" ` _=*_->:w.; rks projects by public entities; and uires public entities wishing to adopt this alternative pros;;:;:_';;€. a to enact a'``orm:'',+ding ordinance as described in Public Contract Code secti he City Council does ordain as follows: Section 1 Chapter 2.62 of Title`' of the Municipal Code of the City of National City is hereby added and shall read as follows: Chapter 2.62 Alternative Bid Procedures for Public Projects 2.62.010 Purpose. 2.62.015 Definitions. 2.62.020 Bid Limits and Applicable Procedures. Page 1 of 7 Ordinance No. 2016 — 67 of 158 2.62.030 Less than Informal Bidding Procedures. 2.62.040 Informal Bid Procedures. 2.62.050 Noticing and Award of Informal Bid Contracts. 2.62.060 Notices Inviting Formal Bids. 2.62.070 Plans & Specifications for Formal Bids. 2.62.080 Award; Rejection of Bids; Failure to Receive Bids. 2.62.090 Emergencies. 2.62.010. Purpose. 1- The purpose of this chapter is to establish alternative c*_::=;`;°'":;- bidding procedures for public projects, consistent with the California U _:.. ='1 `� Construction Cost Accounting Act ("Act"). 2.62.015. Definitions. The definitions set forth in this section and in is CRn'r t Code sectio 2002 shall govern the application and interpretation of this "Public project" means any o A. Construction, reco improv->;;:; _: demolit leas-..Y"`:.-d facil volt'` i3 hig project" do=>`?c alteration, renovation, nvolving any publicly owned, blicly owned, leased, or operated facility. ed utility system, "public project" shall construe':`" erection, improvement, or repair of dams, er plants, and electrical transmission lines of 230,000 de maintenance work. "Main"- ;:. ce wor..=: _;> eludes all of the following: A. :tine, recurring, and usual work for the preservation or protection of any`.ublicly owned or publicly operated facility for its intended purposes. B. Minor repainting. C. Resurfacing of streets and highways at less than one inch. Page 2 of 7 Ordinance No. 2016 — Formatted: Indent: Lek: 0.5", First line: 0.5" 68 of 158 D. Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. E. Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, power plants, and eiectricai transmission lines of 230,000 volts and higher. "Facility" means any plant, building, structure, ground f-:.p _, utility system, subject to the limitation found in of subdivision (C) of the d ' . ; • n of "public project', real property, streets and highways, or other public w r i' ement. 2.62.020. Bid Limits and Applicable Procedures A. Informal -Limits. 1. Public Projects of $45,000 or Lt " r".� ;[ jects of forty- a thousand dollars ($45,000) or less (".Less the ' ' ':,,'jai") may be performed by the employees of a pub]. .: . ncy by fort.:- count, by negotiated contract, or by purchase order. 2. Public Projects Greater . . n or E• ual to 175 000. Public pro' :;: -ater th+��t. dollars ($45,000) and up to one hu '�, .. -five ti1, 1f '• dollars .. 75,000) (°Informal Bid") may be le In al procedures as set forth in this Chapter an•>:>-;:: the Act. sec Sectio the Stat the dollar amendments action. ^.r al Bi. Public projects of more than one y-five thous dollars ($175,000) ("Formal Bid") shall; e provided in this chapter or in the Public Contract Code, mal bidding procedure. As Amended. The dollar limits described in this to match the limits established in Public Contract Code 2034 as amended by the State Legislature or adjusted by under Section 22020. State amendments or adjustments to ade after the effective date of this ordinance shall act as the dollar amounts set forth herein without further city council 2.62.030. Less than Informal Bidding Procedures. A. Awarding Authority. Page 3 of 7 Ordinance No. 2016 — Formatted: Font: Not Italic ---{ Formatted: Font: Italic t;, • Formatted: Underline Formatted: Indent: First line: 0.25" Formatted: Underline Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: A, 8, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Last Paragraph 69 of 158 1. City Engineer & Purchasing Agent Authority. a. Public projects up to twenty-five thousand dollars ($25,000) or less may be awarded by the city engineer. f b. Public projects of forty-five thousand dollars ($45,000) or less be awarded by the purchasing agent. 2. Three Vendor Bids. a. If the public project of forty-five thous altars ($45,000) or less ism.`, `• being performed by negotiated core,.;. iurchase order, the City Engineer, or designee, will tong" x3rid uM;un bids from at least three (3) vendors and award!, ;>the contra(-1:.J. • rovidin • the best value to the city. 2.62.040. Informal Bid Procedures. The!i: "ocedures 4Pi, I to informal bidding. A. Awarding Authority. 1. City Manager Authority. a. The B. Written Esti C. D. Qu be de of the California contractors s designee. to • ublic '_ `'. ,cts subject., eager w;<.e;.::-: ::•rzed to award and execute., acts f•::" c projec of one hundred seventy-five s ($170) or less pursuant to this Chapter. h for informal bidding apply to the city omplete any public project. be unlawful to split or separate into smaller work orders he purpose of evading the provisions of this section ntract after competitive bidding. ist for Informal Bidding. A list of qualified contractors shall intained in accordance with the provisions of Section 22034 ct Code and criteria promulgated from time to time by the Construction Cost Accounting Commission. This list of qualified li be maintained by the city manager or the city manager's 2.62.050. Noticing and Award of Informal Bid Contracts. Any contract awarded pursuant to this section shall be awarded to the lowest responsible bidder. The following procedures -shall apply to informal bids for public projects: Page 4 of 7 Ordinance No. 2016 — Formatted:Indent: Left: 1.5", No bulletsjor numbering Formatted: Indent Hanging: 0.44", Numbered + Level: 3 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 1.38" + Indent at: 1.5" Formatted: List Paragraph, Left, No bullets or nurnbering Formatted: Numbered + Level: 2 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: List Paragraph, Left, No bullets or numbering Formatted: Indent: Hanging: 0.44", Numbered + Level: 3 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 1.38" + Indent at 1.5" Formatted: Underline Formatted: Indent: First line: 0.25" 1 Formatted: Indent: Hanging: 0.44", Numbered + Level: 3 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 1.38" + Indent at: 1.5" 70 of 158 The f bid A. Required Notice. All contractors on the list developed as required by ;:•>%. s r :'41:1(D) for the category of work being bid shall be mailed, faxed, or ----.{ Formatted: Highlight emailed a notice inviting informal bids unless the product or service is proprietary. The purchasing agent may elect to mail, fax, or email a notice inviting informal bids to all construction trade journals specified in Public Contract Code section 22036. B. Time for Providing Notice. All mailing of notices to c•., actors pursuant to this section 2.62.040 shall be completed not less t , . .... n (10) calendar days before bids are due. C. Description of Project. The notice inviting s'°•rma '_:,s shall describe the project in general terms and how to obti :_'ore detaile`:''_;;•rmation about the project, and state the time and place f!:. 1; > submission of D. Change Orders. The city man projects in amounts not exceeding fifty -thousand dollars, whichever is gre price without prior city co approval. app} a change o_ _: for public twenty-five (2 percent or he original authorized contract E. Bids Exceeding $175,000;=.aff ceive•+: in excess of one hundred seventy-five thousand dolls_: ,175, f` `; - -city"y Gil may, by adoption of a resolution by -;:.' hs vote _.., ark;::;: a one hundred eighty-seven thousand fi : .�. ' -. dollars:::::,_ ,500) or `' s, to the lowest responsible bidder, ifs,:=::-ferrnine x cost a"=u ate of the public agency was reasonable. 2.62.060. Notic notices for bids for public projects sent under the formal A. "" -nfs of Notic=-__otices inviting formal bids shall state the time and place for the = vino and o=v'=Ina of sealed bids and distinctly describe the project. B. Publican►>=:_.a� otice. The notice shall be published at least fourteen (14) calendar • = ore the date of opening the bids in a newspaper of general circulation, p $ted and published in the city or otherwise comply with the applicable requirements of Public Contract Code section 22037. C. Mailing Date of Notice. The notice shall be mailed at least fifteen (15) calendar days before the date of opening the bids to all construction trade journals specified in Public Contract Code section 22036. The notice inviting formal bids may also be sent electronically, if available, by either facsimile or electronic mail, within the Page 5of7 Ordinance No. 2016 — 71 of 158 same time frame specified for regular mail, to all construction trade journals specified in Public Contract Code section 22036. 2.62.070. Plans & Specifications for Formal Bids. The city engineer, as the city council's designated representative, shall adopt plans, specifications, and working details for all public projects subject to the Form Bidding Procedures exceeding the amount specified in section 2.62.020(A)(3). Any person may examine the plans, specifications, or working details, or all of tR_._ e, adopted by the city engineer for any public project. 2.62.080. Award of Formal Bids; Rejection of Bid ;:::= l `_; o Receive Bids. A. Rejecting Bids. In its discretion, the city co the city, prior to rejecting all bids and economically performed by employee an apparent low bidder. The notice s to reject the bid and shall be mailed at council meeting at which the city intends of bids all bids are rejected, r_:__...reevaluatih city council shall have the op w er of the B. ; C. No proce account, 1. Abandoning the project by this cha• 2. After de empl comply' t4ing by ci ^hat the hav-.- =st Re':_;: ibie est respon -"_<_.;bid:q accept the ho Receive the prs may rejec 'ring that the e agency, furnishes form the �..;>_• er of the ag two e-ad r; resolute ject can �.__ • is pr Wi bids presented, if t can be more tten notice to 's intention siness days pr'•r to the city e bid. If after the first invitation cost estimates of the project, the ing: in the manner described by a four -fifths vote of the city council erformed more economically by the city done by force account without further er. If a contract is awarded, it shall be awarded to the two or more bids are the same and the lowest, the city f no bids are received through the formal or informal may be performed by the employees of the city, by force d contract without further complying with this chapter. 2.62.090. Em-'`gencies. In cases of emergency when repair or replacements are necessary, the city council may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of the city manager, by contractor, or by a combination of the two. In case of an emergency, if notice for bids to Page 6of7 Ordinance No. 2018 — 72 of 158 let contracts will not be given, the city shall comply with Chapter 2.5 of Part 3 of Division 2 of the Public Contract Code (commencing with section 22050). Section 2 This Ordinance shall take effect and be in force thirty (30) days from the date of its passage, and before the expiration of fifteen (15) days after its passage, it or a summary of it, shall be published once, with the names of the members of the City Council voting for and against the same in the , a newspa•.. oof general circulation published in the County of San Diego, California. Section 3 The city council declares that the judicial invalf any subsect . : r portion of this chapter shall not affect the validity of any oth r aining section or pc..' that the city council would have adopted each of those =ining pa .> s, notwithst any later declared invalidity. If any provision determine • ;:=:> _.lid he preceding' ntence can either be judicially severed or interpreted in a-::; could harmonize it with the remaining provisions, then it may red or int='" :,vted and applied so as to give full purpose, meaning, and effect to the provisio this chapter. Section 4 The proposed action under section 150 CEQA as there i€ significant impact competitive b'ddina re different PA State AYES: NOES: ABSENT: m the ) — g possibilit 'i at the a he eth ding require ' s APPROV-`-:=>: d a ifornia, this 16 y e Ordinance No. 2016— is Env ` mental Quality Act ("CEQA") project is not considered a project under ty raised by this ordinance may have a y is currently subject to one set of dinance, is electing to subject itself to a TED by the City Council of the City of National City, st, 2016, by the following vote: Page 7 of 7 73 of 158 CC/CDC-HA Agenda 9/20/2016 — Page 74 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 National City and EsGil Corporation to provide on -call plan reviews, permit processing, construction inspections, code enforcemen 74 of 158 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 20, 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 National City and EsGil Corporation to provide on -call plan reviews, permit processing, construction inspections, code enforcement services, and related services for various City departments including but not limited to Building, Fire, and Engineering, in the not -to -exceed amount of $800,000 per year fora period of three years. (Funded by fees collected, developer deposits, various Capital Improvement Project funds, and other funds as needed). (Building/Fire) PREPARED BY: Frank Parra DEPARTMENT: Bu d'r n Fir PHONE: j619-336.4551 APPROVED BY: EXPLANATION: See Staff Report. FINANCIAL STATEMENT: APPROVED: '57Finance ACCOUNT NO. 120-00000-3545 Revenue account 120-412-028-213-0000 — Professional Services No net financial impact. This contract is an as needed basis and funded by fees collected, developer deposits, and various capital improvement projects. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: STAFF RECOMMENDATION: Adopt Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Staff Report Agreement between the City of National City and EsGil Corporation Resolution MIS 75 of 158 Staff Report EsGiI Corporation EsGil Corporation has been providing services for permit processing, plan reviews, construction inspections, and code enforcement services for Building, Fire, and Engineering Departments since August 6, 2013 (Reso. 2013-112). However, that Agreement expired on August 7, 2016, even though both parties could have mutually agreed to extend the terms for three one year intervals. The Building, Fire, and Engineering Departments desire to have the City sign a new Agreement at this time with an effective date of August 8, 2016. Over the last two years, the City has experienced a continued increase in submittals for plan checks and inspections. These increases have exhausted our initial appropriations of $300,000 for plan reviews and $100,000 for services outside of plan reviews. Each year, as a result of the low thresholds, we have had to request additional increases in appropriations. The new Agreement has a not to exceed amount of $800,000 per year for a period of three years for plan review and $100,000 per year for all services outside of plan reviews for a period of three years for a total amount of $900,000 per year. This will avoid taking unnecessary requests for appropriation increases to the City Council. The Agreement may be extended by one year with no more than three extensions. From April -July 2013, the City issued a Request for Proposal (RFP) for on -call services to provide assistance with permit processing, plan reviews, construction inspections, and code enforcement services to over 30 firms. Staff conducted panel interviews with the firms, evaluated their qualifications/services available, reviewed the cost proposals, and conducted reference checks. At that time, the panel concluded that EsGil Corporation could provide the best service to the City of National City. EsGil's many years of support services has been of great value to the City. This Agreement is an as needed basis and funded by fees collected, developer deposits, and various capital improvement projects. Staff recommends that Council approve and authorize the Mayor to sign the Agreement. 76 of 158 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ESGIL CORPORATION THIS AGREEMENT is entered into on this 20t1 day of September, 2016, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and ESGIL CORPORATION, a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide permit processing, plan reviews, construction inspections and code enforcement on -site and off -site services. WHEREAS, the CITY has determined that the CONSULTANT is a plan review firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide permit processing, plan reviews, construction inspections and code enforcement on -site and off -site services, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on August 8, 2016. The duration of this Agreement is for the period of three years from August 8, 2016 through August 7, 2019. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to three one-year extensions. Any extension of this Agreement must be approved in writing by the City Manager. 3. SCOPE OF SERVICES. Consultant will perform services including but not limited to: permit processing, plan reviews, construction inspections and code enforcement on -site and off -site services. The CONSULTANT will perform services as set forth in the attached Exhibit «A„ The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance 1 City of National City and September 20, 2016 EsGi1 Corporation 77 of 158 by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit "A" to keep staff and City Council advised of the progress on the Project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Luis Sainz, Building Official, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Kurt Culver, President, thereby is designated as the Project Director for the CONSULTANT. 5. COMPENSATION AND PAYMENT. The CITY establishes the plan checking fee by resolution of the City Council. The CITY collects the plan checking fee from the applicant. The CONSULTANT's compensation for reviewing building department plans, commonly referred to as plan checking, shall be sixty five -percent (65%) of the plan checking fee collected by the CITY for each permit based upon the CITY's adopted fee schedule in effect at the time of the plan check submittal. The CONSULTANT's compensation for reviewing fire department plan reviews shall be thirty percent (30%) of the plan checking fee collected by the CITY for each permit based upon the CITY's adopted fee schedule in effect at the time of the plan check submittal. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $800,000 per year for plan reviews and/or plan checking and shall not exceed $100,000 per year for services outside of plan reviews, without prior written authorization from the Director of Emergency Services. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their 2 City of National City and September 20, 2016 EsGil Corporation 78 of 158 position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 3 City of National City and September 20, 2016 EsGil Corporation 79 of 158 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a mariner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY' S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 4 City of National City and September 20, 2016 EsGil Corporation 80 of 158 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. 5 City of National City and September 20, 2016 EsGil Corporation 81 of 158 The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. n If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. 6 City of National City and September 20, 2016 EsGil Corporation 82 of 158 F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 7 City of National City and September 20, 2016 EsGil Corporation 83 of 158 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Luis Sainz Building Official Building Department City of National City 1243 National City Boulevard National City, CA 91950-4397 8 City of National City and September 20, 2016 EsGil Corporation 84 of 158 To CONSULTANT: Kurt Culver President EsGil Corporation 9320 Chesapeake Drive, Suite 208 San Diego, CA 92123 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date 9 City of National City and September 20, 2016 EsGil Corporation 85 of 158 shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits or schedules or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Subcontractors or Subconsultants. The City is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the City in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the City, both the insurance provisions in Section 17 and the indemnification and hold harmless provision of Section 15 of this Agreement. M. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party 10 City of National City and September 20, 2016 EsGil Corporation 86 of 158 has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. [Signature Page to Follow] 11 City of National City and September 20, 2016 EsGil Corporation 87 of 158 CITY OF NATIONAL CITY ESGIL CORPORATION (Corporation — signatures of two corporate officers required) By: By: Ron Morrison, Mayor Michael McCurdie, CEO APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 12 By: Gregory Toth, Chief Revenue Officer City of National City and September 20, 2016 EsGil Corporation 88 of 158 Exhibit "A" A. Plan Reviews Provide plan reviews consistent with application of building standards for buildings, shopping malls, civic centers, hospitals, sports arenas, City facilities, hotels, hazardous occupancies, trash recycling, dwelling additions, residential dwellings, and residential complexes by qualified staff identified in the RFP. Staff to include the following: • licensed structural engineers • licensed civil engineers • mechanical engineers • licensed electrical engineers • certified plans examiners • certified building inspectors Structural reviews to always be performed by or under the supervision of one of our licensed structural engineers. All plan review engineers are to International Code Council (ICC) Certified and required to have previous experience working in government building departments. Provide state -mandated Certified Access Specialist Program (CASp) Plans Examiners and Energy and Environmental Design (LEED) Certified Plans Examiners when necessary. Provide 3rd party reviews for the Engineering Department for Capital Improvement Projects on an as needed basis by qualified plans examiners. Provide plan reviews for the Fire Department on an as needed basis by qualified plans examiners. EsGil shall pick-up and deliver plans when requested by the City staff, at no cost to the City. Pick-ups and deliveries can be made within 24 hours of the City's request. EsGil shall have the ability to receive plans from the City or from the applicant by mail, courier, or via electronic transmission. After plans are reviewed staff will identify any code deficiencies in a customized typed list for the applicant. The plan reviewer coordinates his/her review with the other plan check disciplines (electrical, mechanical, plumbing, structural energy, and disabled access) to ensure good communication and coordination of listed deficiencies. The completed review list shall be attached to the permit in the City's software program prior to or on the contract deadline The following is a list of turnaround times for each type of job assigned: Type of Project Initial Check Recheck Plan Change Single Family Dwellings 7 Working days 5 Working days 5 Working days Apartments 10 Working days 5 Working days 5 Working days Tenant Improvements 7 Working days 5 Working days 5 Working days Commercial/Industrial 12 Working days 5 Working days 5 Working days Rechecks 5 Working days 5 Working days 5 Working days Plan Changes 5 Working days 5 Working days 5 Working days *Accelerated/expedited plan reviews can be performed on overtime, in half of the normal turnaround times or as requested by the Building Official. September 20, 2016 13 City of National City and EsGil Corporation 89 of 158 B. Inspection Services Provide personnel for inspections ranging from dwelling additions, to shopping malls and others. All inspectors shall be ICC Certified and each shall have 3 years of government building & safety experience. Provide personnel for as -needed building inspection assignments that are ICC Certified for building safety inspection services during the construction phase of various projects. Provide Inspection Services for Fire Department and Engineering Department on an as needed basis by qualified inspectors. Inspectors shall provide the following services: • Read and study project specifications, plans, and drawings to become familiar with project prior to inspection, ensuring that structural or architectural changes have been stamped as approved by the appropriate authority; recognizing the need for and requiring plan checks for electrical, plumbing, and mechanical code requirements. • Perform and document inspections on construction projects to determine that all aspects of the project, such as foundations, building, electrical, plumbing, and mechanical systems conform to the applicable building codes, ordinances, energy conservation, and disabled access requirements including known local, city, state and federal requirements. • Provide excellent customer service to the public as an extension of City staff. Our certified inspectors are knowledgeable and specialize in on -site problem solving and working closely with contractors and property owners through completion of the inspection. • Coordinate reviews with fire, health, and other government agency inspectors, as well as owners and builders. • Maintain a record of non -complying items and follow-up to resolution of such items, including any appeals. • All inspectors carry cell phones for contacting supervisors and all plan check disciplines, to assist in problem solving and providing high service levels. • Results findings in the City's software program. C. Code Enforcement Provide personnel to assist the City with conducting investigations of building safety related violations of the applicable codes. Staff shall work closely with decision makers to understand the philosophy within the City. All inspectors shall be fully trained in building safety -related code enforcement. Provide code enforcement assistance to Planning, Fire and Engineering/Public Works as -needed. D. Additional Services Provide additional services including but not limited to writing code adoption ordinances, answering questions, expediting reviews, pick-up and delivery of plans and general building services. 14 City of National City and September 20, 2016 EsGil Corporation 90 of 158 E. Compensation Each month, a detailed invoice shall be sent to the City which shows each project reviewed. In addition to fee Information, the invoice will also include a project description and turn -around times. Engineering Plan Reviews shall be charged on an hourly basis. A proposal for the review shall be submitted to the City with a not -to -exceed amount. Labor rates are used for other departments only when requested by our clients and where the use of a percentage of the permit fee or plan check fee is not applicable or appropriate. CLASSIFICATION HOURLY RATE' Division Manager $140.00 Supervising Structural Engineer $135.00 CASp Certified Access Examiner $94.40 LEED Certified Plans Examiner $94.40 Structural Engineer $94.40 Civil Engineer $94.40 Electrical Engineer $94.40 Energy Plans Examiner $94.40 Mechanical Engineer $94.40 Building Official $94.40 Supervising Building Inspector $94.40 Deputy Building Official $94.40 I.C.C. Plans Examiner $94.40 Building Inspector $83.00 Permit Specialist/Counter Tech $72.00 Clerical Support $34.00 (Rates are subject to change each year on August 8)2 1 Rates are increased by a factor of 1.5 for overtime, and for holiday and weekend assignments. 2 Thirty day written notice is required and the increase shall not exceed 3% per year. 3 This single fee includes all rechecks, plan check conferences at the EsGil office, reviewing plans that are initially found to be incomplete and for the transmission of plans to and from the jurisdiction via EsGil courier service. 15 City of National City and September 20, 2016 EsGi1 Corporation 91 of 158 Re4lular Basis Rate / As -Needed Rate On -site staffing Counter Technician Hourly rate: $72.00 Building/Engineering/Fire Inspector Hourly rate: $83.00 Off -site staffing Building and Fire Plan Reviews Building Plan Reviews: Percentage of Fee: 65% of the Citv's Plan Check Fee Fire Department Plan Reviews: Percentage of Fee: 30% of the City's Plan Check Fee 16 City of National City and September 20, 2016 EsGil Corporation 92 of 158 CC/CDC-HA Agenda 9/20/2016 — Page 93 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the following actions to fund the Las Palmas Park & El Toyon Park Lighting Project: 1) release $514,172 from State Grant Fund 348 fund balance to the General Fund fund balance; 2) app 93 of 158 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: 1September 20, 2016 AGENDA ITEM NO. 1 ITEM TITLE: 'Resolution of the City Council of the City of National City authorizing the following actions to fund the Las Palmas Park & El Toyon Park Lighting Project: 1) release $514,172 from State Grant Fund 348 fund balance to the General Fund fund balance; 2) appropriate $814,172 to corresponding CIP expenditure accounts for El Toyon Park & Las Palmas Park improvements from General Fund fund balance; and 3) appropriate $89,019.93 in the El Toyon Park Improvements CIP account from Park & Recreation Capital Outlay Fund fund balance PREPARED BY: Stephen Manganiello PHONE: I(619) 336-4382i EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: 001-409-500-598-4133 (Las Palmas Park Improvements CIP): $414,172.00 001-409-500-598-4131 (El Toyon Park Improvements CIP): $400,000.00 115-409-500-598-4131 (El Toyon Park Improvements CIP): $89,019.93 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: ` ' (ez Finance MIS STAFF RECOMMENDATION: Adopt Resolution authorizing funding for the Las Palmas Park & El Toyon Park Lighting Project. BOARD 1 COMMISSION RECOMMENDATION: INhA ATTACHMENTS; 1. Explanation 2. Resolution 94 of 158 Explanation In Spring 2016, one of the 60-toot tall ballfield Tight poles at Las Falrnas Park collapsed. Fortunately, no one was injured. Staff immediately secured the site, removed the pole and performed an inspection. It was determined that the light pole had deteriorated at the base. Staff then inspected the remaining seven ballfield lights at Las Palmas Park. Based on the results of the inspections, two of these lights were removed due to similar structural issues. In order to accommodate additional lighting for upcoming girls softball league night games, staff rented a 60-foot tall portable light tower to supplement the remaining five ballfield lights. The portable Tight tower is costing the City approximately $4,000 per month. As a result of the lighting issues at Las Palmas Park, staff inspected the lights at El Toyon Park. Based on the results of the inspections, all of the lights for the eastern section of El Toyon Park were removed due to issues with structural integrity. Staff worked with an on -call engineering and lighting consultant to obtain quotes and develop plans for new lighting at both parks. The project cost estimate is approximately $900,000 to purchase and install new lighting, conduit, wiring, pull boxes and electrical equipment for both parks. This estimate also includes costs for final design, construction management and inspections. See attached preliminary engineering plans for park lighting and associated infrastructure improvements at both parks. In order to minimize impact to the General Fund, staff is recommending the following City Council actions to fund the project: 1) release $514,172 from State Grant Fund 348 fund balance to the General Fund fund balance; 2) appropriate $814,172 to corresponding CIP expenditure accounts for El Toyon Park & Las Palmas Park Improvements from General Fund fund balance; and 3) appropriate $89,019.93 in the El Toyon Park Improvements CIP account from Park & Recreation Capital Outlay Fund fund balance. These actions would result in a net decrease to General Fund fund balance of $300,000. Staff researched the history of State grant Fund 348 and confirmed that the associated projects were completed and reimbursed by the granting agencies in full. There has also been no activity in Fund 348 for the past 6 years. Since most of the remaining fund balance was due to a one time transfer from the General Fund to cover a short term deficit in Fund 348, it is appropriate to release this fund balance back to the General Fund for use on other capital projects. 95 of 158 89G;0 96 1 g 6 HORIZONTAL CONTROL Y 8 8 8 pw Q D F. Fa 8 17 z 8 8 8 S 8 w s E0 s TIATNSN AD NSTAL NEP Y PVC OM'Wlr MN uutE tool FUINISN AND NSru1 0701211C1a5 PPR COMDUCTRI 5012014E E1MORO SPOOR NENI POLE OSAN 0OLN F0,10anEM 2, Snow mom .r•. FILL ION APPROAEO MAIER)1 AND 1R0AC2 Q3 rues. AND WALL NEL1 SPORTS WIT POLE WM 20MA4la, 0ON2E1E. 22411R4ia, 9011 BE PIA RANIIFACI6RTR5 SPEOFlLATAIS. ROFA 10 OE24440 me POIC SPIEWLE ON FRET 02 Fa A0DR1u4A NFONATOR NPM91 A20 NSINt coRIT1311a200 Ca0N:10R5 MOM PDLL BON To Wert POLE 410 61AO110. ER CASING SERLIR EiltaldENT. NM. N 0 INSTAL NEW BOOR. 120/201A 3A 1P2 SMILE EWW102T. 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V.M041 mA mw I.414IF "PS 401.0 CV IA 97 of 158 CC/CDC-HA Agenda 9/20/2016 — Page 98 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — St. Mary's Fall Festival hosted by St. Mary's Church on Sunday, October 2, 2016 at the parish grounds located between E. 8th Street and "E" Avenue from 7 a.m. to 7:00 p.m. with no waiver of fees. (Neighborhood Services) 98 of 158 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 20, 2016 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit — St. Mary's Fall Festival hosted by St. Mars Church on Sunday, October 2, 2016 at the parish grounds located between E. 8th Street and "E" Avenue from 7 a.m. to 7:00 p.m. with no waiver of fees. PREPARED BY: Dionisia Trejo i DEPARTMENT. Neighborhood Services Department PHONE: K(619) 336-4255, APPROVED BY: EXPLANATION: This is a request from St. Mary's Church to conduct the 2016 St. Mary's Fall Festival event on Sunday, October 2, 2016 at their parish east parking lot located between E. 8111Street and "E" Avenue. This event features approximately 20 assorted booths, including food booths, religious booths, sewing club arts & crafts, and game booths. Two (2) 20x20 canopies will be set up for dining and a rented stage will be used for event entertainment and dancing acts. No street closures will be required for this event. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. I APPROVED: MIS (City fee of $237.00 for processing the TUP through various City departments and $200.00 for the Fire Department Inspection fees. Total fees: $437.00. I pNVIRONMENTAL REVIEW: cN/A ORDINANCE: INTRODUCTION: u 1 FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD 1 COMMISSION RECOMMENDATION: NIA ATTACHMENTS: pplication for a Temporary Use Permit with recommended approvals and conditions of approval. yy of 100 lAWKEINIA ANAL atawiwosp- Type : Ever;. afairiFesttval DTUP ' City of National City s Neighborhood Services Department 1243 Monet C y Boulevard ■National Ctty, CA 91950 (619) 338-4364 is fax (819) 336.4217 www.ratkmakftycia.gov Special Event Application © Parade/Mardn Walk or Run D ce ❑ Spotting Brent other (specify) E'gj`rit' r: :T1( LoCa''on Event Me ST. MARY4S FALL FESTIVAL RECEIVED AUG 29 2016 tintreamA a .newts Department ray aNatiosal C Evert On (1st all sites baregulated) SAS PARKING. LOT �F CHURCH *$' LVENu '� E.'rrl' Tir1e Set -tip Starts Date WEPT 30 Event T. ZNn Date .Event Ends Dms OCT. 2ND Breakdown Ends Date OCT . 3RD Time 91 00 Thits 7 = 00 8,11. Day of Week FBI DaydWeek SUNDAY Thne7:00 P.M. NyoflAturic SUNDAY Time 9 : 00 A. M. Day dWeek MONDAY rrL:p.III i I11131.1 i PASTOR:. NEMESIO SUAGCAB Applies {yaw naR.NENE S I0 SUNGCA ha SUM �B�Y 7 URJC'�H,xx 1501 FAX: 4 74--1502 Event Coordinator different from applicant} ALICE S aL►IfSi. McNingMdre s ?.92S BAIT 1601 STRgRR NATT0NAt. !'..T'PF Day phone 4 75-2 414 After Hours Phone Celt Fax Public Information PhonEvr7r,. 1501 rh#P offiee- art Evens to Investigate, debnd, idereueliy and told harmless the cty, bracers, employees end agents tom and against any and all logs, damage, Baby, collies, der ands, detriments, costs, charges, evens 'a and causes of awn of any datraccaroat.* ks Gaya. it off, employees and agents mew our, sustain or be eadbjecled to on account of lose or damage to property or the lose of use #hereof and far bodily Mjtsy to or des of any persons but not limited to Me employees, subcontractors, agents and Invitees of each parly ) arising out of or In any way connected to ties occupancy, enjoyment and use of any Cyr premises under this agreement to the extant permitted by law. - The undersigned also undamtande and accepts Ea Clty's deed poky and that fees and charges a -q musty enrolie so Sigradu of Applicant- " pincessing and focally use 100 of 158 Special Event Application (continued) Description of Event ❑ Fist time event a Returning Event Ida Include site map with application Note that this deacripdon may be published in our City Public Special Events Calendar, ANNUAL (ONE —DAY) FALL FESTIVAL IS HELD ON CHURCH PROPERTY, WE WE WILL HAVE 'GAMES, BOOTHS, PLANTS, RELIGIOUS ITEMS, FOOD, PARISH ENTERTAINMENT Estimated Attendance Anticlpated # of Participants: 7 7 Do Anticipated # of Spectators: 4 5 00 f 600 Traffic Control. Security. First Aid and Accessibility Requesting to close street(s) to vehicular traffic? Yes ❑ No n[zX List any streets requiring closure as a result of the event (provide map): Date and time of street closure: Date and the of street reopening: (] Other (explain) Requesting to post "no padding" notices? Yes ❑ NofXX ❑ Requested "No Parking' on city streets andlor parking lots (1st streetsIparldng lots) (provide map): ❑ Other (explain) 101 of 158 Secui ity ;Ina Crowd C oritroi Depending on the number of parttclpants. your event may require Police ems. Please describe your pnocedwes for both Crowd Control and Internal Security: NA Have you hired Professional Security to handle security arrangements for this event? Yes d N if YES. name and address of Securfty won Softy Director (Name): .of*petaidootutiPIP 111e ivit'f,r pea PleaSe .a: copy c; ItOri.fprgiranpSzertiflcstk iii3gdoit.girtgliablikyvahtrnitoOf 8'0E410E1 MilliekdollOraper cleP000942 Wort d01161441Ontfalkas wall a i ured,endorgement 1191.Ma- t j 4 or4ioyassi a his s EV dery a iplinsoramie aiust provided brie OnderDribs Suter' to the irsk r for reilew arld -p or:to the • Is this a night event? Yea 0 XINgET If YES, please stir how the event and &grounding area will be illuminated to ensure safety of the participants and spectators: DEEM Depending on the number of participants, your event may require specific First Ald services. First aid station to be staffed by event a off? een No ❑ Ftfst aid/CPR certified? Yes 0 No0 2 First aid station to be sued by professional company. P Company Accessibility` Please describe your I oesstbIlly Plan for access at your event by Individuals with dIsabliiles: FESTIVAL IS HELD ON LEVEL BLACK -TOP' .,NO STAIRS . LARGE HALL WITH CHAIRS FOR RESTING RANT Tr3.APp811 PARK TW1 EASY ACCESS 102 of 158 Elements of your Event Setting up a stage? Yew Ho ❑ ❑ Requesting City's PA system ❑ Requesting City Stage; if yes, which size? ❑ Dimensions (13x26) ❑ Dimensions (20x28) ❑ Applicant providing own stage 02Ox2Ox16 (Dimensions) Setting up tables and chairs? Furnished by Applicant or Contractor 12 # of tables ❑ No tables being set up # of chairs ❑ No chairs being set up ❑ (For City Use Only) Sponsoted Events — Does not apply to co -sponsored events # of tables ❑ No tables being set up # of chairs ❑ No chairs being set up Contractor Name Contractor Contact information Address City/Stets Phone Number Betting up other equipment? ❑ Sporting Equipment (explain) ❑ Other (explain) Not setting up any equipment listed above at event Having amplified sound and/or music? Yes ❑ Ala ❑ Rxlik PA System for announcements xlaCD player or DJ music ❑ Live Music ► ❑ Small 4-6 piece rive band ► 0 Large 6+ piece live band ❑ Other (explain) VARIED RECORDED MUSIC ACCOMPANYING VOLUNTEER ENTERTAINERS If using live music or a DJ. ► Contractor Name Address CftyFState Phone Number Using lighting equipment at your event? Yes ❑ Max ❑ Bringing in own lighting equipment ❑ Using professional lighting company Company Naive Address City/State Phone Number 103 of 158 Using electrical power? YegaxNo❑ SAN DIEGO C&E igrUsirg on -site electricity 0 For sound ands lighting 0 For food andlor refrigeration ❑ Bringing In generator(s) ❑ For sound and%or lighting 0 For food armor ref7igeration Vendor Informati'ori NOT ' ms r rfacts red•to epp + kf 63r Onsibtd:Ofigtiene#04000 yoUr ern1 '.and ' oriVegeS aft` nt Ada. - For z3 i.9 a oa orc tilkithitil0 a pc `t t pietete:Oentaitthericititty aft EMvIcep41 Having food and non-alcoholic beverages at your event? Yell= No❑ ❑ Vendors preparing food on -site ► # ► Business License # If yes, please describe how food val be served andior prepared; I PARISH ORGANIZATIONTS PREPARE FOOD ON ;SITR. IN CONNERCIAL FACILITIES PEali1 T E1r B' . D. �x`ALan Da 4,4� ❑ Vendors wing pre -packaged food ► # M Business License # ❑ Vendors bringing bottled, non-alcoholic beverages (Le, bottled water, can soda, etc.) ) # ❑ Vendors selling food # ! Business Ucense #(s) ❑ Vendors selling merchandise # ! Business License #(s) SIBE Foocktevelages to be handled by organization; no outside vendors 0 Vendors selling services # ► Business License #(s) ► Explain services ❑ Vendors parsing out information only (no business license needed) # Explain type(s) of informativn Xgt No selling or Informational vendors at event Having children activities? Y4igifix No ID P,# E NOTE: In the event Infilgabie JUMP arfe .prams fat: event,.The G1tij of Na .0 . :rettukeis COMmealiti y 1n ur i s ofat last $i fvfilloon cloths* per oicumencan 2 Million d In edam; the City 01.14kational Gity must be ne te(' As an AdOlonal insured , Arttimmt tog sepaiste endoreeMent, which sal be.ptoVidoci by the vendor or:M i rertio:the s ;Usk Witter, along With the of ink, for approval prcrt e at* The ap#lImton should be tied out et least oneVatoc..isior*.o 41 event... Iilereis a :fee• to protess thethe permit appitalion '#or wasters or to obtain a copy Oahe TaiNty,Llie AID', please oft the `tgi ertrig do Woika Drat 19) -4 ' • a Inflatable bouncer house # . ❑ Rock climbing wail Height 0 Inflatable bouncer slide # - ti ,arts & crams (1.e., craft making, face painting, etc.) ❑fir 104 of 158 Having fireworks or aerial display? Yes 0 Nogg gg ❑ Vendor name and license # Dimensions Duration Number of shells Max, size PLEASE NOTE: In the event fireworks or another aerial display is planned for your event, The City of National City requires commercial liability insurance wrth limits of at least $2 Million dollars per occurrence/ $4 Mllilon dogs aggregate in addition, the City of National City must be named as an Adddionai Insured pursuant to s separate endorsement, which shall be provided by the vendor or its Meurer to the City's Risk Manager, along with the CertflCate of insurance, for approval pnor to the evert Depending on the size andfor nature of the fireworks display; the City reserves the right to . request higher liability hints. The vendor must also obtain a fireworks permit from the Notarial City Faro Department and the cost is $502.00 • Arranging for media coverage? Yes NX ❑ Yes, but media will not require special set-up ❑ Yes, media will require special set-up. Describe Event Signage PLEASE NOTE: For City sponsored or co -sponsored events, banners publicizing the event may be placed on the exisbng poles on the 1800 block and 3100 block of National City Boulevard. The banners must be made to the City s sue. Please refer to the Cloys Special Event Guidebook and Fee Schedule for additional information. - - • Are you planning to have signage at your event? Yes $$XNo ❑ ❑ Yes, we will post slgnage # Dimensions ❑ Yes, having inflatable signage # ► (complete Inflatable Signage Request form) ❑ Yes, we will have banners # 2 BANN1 RS ON CHURCH WALL ❑ What will signs/banners say? DATI3 OF VI T I ..L ❑ How will signs/banners be anchored or mounted? immingszsi PLEASE NOTE One toilet for every 250 people is required, unless the applicant can show that there era se= incites m the immediate area available to the public during the event. Are you planning to provide portable resirooms at the event? Yee ❑ gNgag if yes, please identify the following: ► Total number of portable toilets: P. Total number of ADA accessible portable toilets: 0 Contracting with portable toilet vendor. ► Company Phone ► Load -in Day & Time IN. Load -out Day & lime ❑ Portable toilets to be serviced. ► Time 105 of 158 Set-ul.Y. Breakdown. Clean-up Setting up the day before the went? Sees, will set up the day before the event f► *of set-up days, No, set-up will occur on to event day Requesting vehicle access onto the turf? ❑ Yes, requesting access onto turf for set-up and breakdown (complete attached Vehicle Access Request fonn) liEgNo, vehicles will load/unload from nearby street or parker tot. • 1 `4 _ r• F n City to install liar feria ❑ Applicant to install Mel -fence fence NIA Breaking down set-up the day after the event? Yes, breakdown will be the day after the event. a it of breakdown day(s) ❑ No, breakdown will occur on the event day. How am you handling clean-up? ❑ Ugh; City crews itintilsing volunteer clean-up crewr during end after event. ❑ Using professional cleaning company during and after event. -Miscellaneous 1 Please list anything important about your event not sireaciy asked on this application: THIS IS AN ANNUAL °NU DAY ,EV3tiPVOf 3T vow $ PARISEIONERS .• ,ALL WORK IS DONE 'BY VOLUNTEERS . . Please make a copy of this application for your records. We do not provide copies. 106 of 158 cAUPORItilA elm.21gf ask) I, Special Event information Special Events Pre -went Storm Water Compliance Checklist Name of spedai Event: Event Address: Expected # of Attendees: Event Host/Coordinator: Phone Number: IL Storm Water Best Management Practices (BMPs) Review YES NO N/A WM enough trash cans provided for the event? Provide number of trash bins: IX 4 C an S I 1- MI enough recycling bins provided for the event? { . Provide number of recyde bins: 2 -3 tows . WM all portable toilets have secondary containment trays? (exceptions for ADA compliant portable tom N o ' etst mit in Wa( 1 \ )4' uo all storm drains have screens to temporarily protect trash and debris from entering? y st, a r drn•S e " - Lf N\A Are spill deanup lilts readily available at designated spots? `1\1( *.A Put -Event Storm Water Compliance Ckecldist w be completed by City Staff. 107 of 158 City of National City RUC PROPERTY USE HOLD HARMLESS ANP__I_NOWNATro AGREEMENT Peres resting 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, lls officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. The Insurance company Issuing the insurance policy must have a A.M. Bests Guide Reding of A:VII and that the • insurance company is a California admitted company; if not, then the insurance policy to Issuance issuae of the permit for the event- The Certificate Holder must reflectr Oki of National City Risk Management Department 1243 National City Boulevard National City, CA 91B50 Organization: Person in Charge of Activity: Address:�— Telephone:_ Dist of Use: HOLD HARMLESS AGREEMENT As a edition of the—issuanceihe-issuance of a Crary use permit to conduct its activtlies on io or _ ri r ► F= lad _has.." warms; to defend, Indemnify and tad harmless the City of Heoftfig City and the Parking Authority and its officers, employees and agents from and against any and ail stems, demands. costs, tosses, (lability or. for any personal injury, deatt•af property damage, or both, or any t'rdgation and other liability, Including attorneys fees and the costs of litigation, arising out of or rated to the use of pubes properly or the activity taken under the permit by the perrnIttes or its agents, emplace or contractors. iceR. Signatures of Applicant Official Date. a7-.as9- / zzowegrimamimmogiormair Certificate of Insurance Approved Date 108 of 158 Special Event Application (continued) Please complete the following sec xms with as much detail as possible since fees and requirements are based on the information you'pronde us, FeesfProceedslReporti nci . Is your organization a "Tax Exempt, nonprofit" organization? Yes 541 No ❑ Are admission, entry, vendor or participant fees required? Yes ❑ No ig if YES, please explain the purpose and provide amount (s): Estimated Gross Receipts including ticket, product and sponsorship sales from this event. # Estimated Expenses for this event, What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? 109 of 158 4. --FESTivAL 'RAM - • WHITE SLEW 3-T fiCO.TH .-- • *aft 1,T+ e. HotWater T = TABLES C CHAIRS L = LONG TABLE S SHOT TABLE Cirm writ& 27 X 2Cf 3/4414. OEM 124121X5 k. CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: St. Mary's Church EVENT: St. Mary's Fall Festival DATE OF EVENT: October 2, 2016 TIME OF EVENT: 7:00 a.m. to 7:00 p.m. APPROVALS: DEVELOPMENT SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE COMMUNITY SERVICES POLICE CITY ATTORNEY YES[x] NO[ ] YES [x] NO [ ] YES [ ] NO [ x ] YES [x] NO [ ] YES [x] NO [ ] YES [ ] NO [ x ] YES [ ] NO [ x ] YES[x] NO[ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: RISK MANAGER (619) 336-4370 • Provide a valid copy of the Certificate of Insurance wherein "The City of National City, its officials, agents, employees and volunteers" are named as an additional insured by way of a separate endorsement. • The insurance policy must have a combined single limit of no less than $1,000,000.00 (ONE MILLION DOLLARS) for each occurrence and $2,000,000.00 (TWO MILLION DOLLARS) in aggregate that would cover the date and location of the event. ▪ 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. • The applicant must properly execute the hold harmless and indemnification agreement. • The Certificate Holder must reflect: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA. 91950-4397 • Name, address and contact information for the broker providing this insurance policy must be on the face of the Certificate of Insurance. 111 of 158 DEVELOPMENT SERVICES (619) 336-4318 PLANNING Speakers shall face away from neighboring residential properties. FINANCE * Festivals, Craft shows, etc. * A Business License is required IF monies are solicited, admission fee is charged, or if food, beverages and merchandise are sold. The organization holding this event and each vendor present at this event must have a separate business license. Vendors currently licensed by the City may operate under their existing license. Anyone preparing food to be sold to the Public must have a permit (or Food Handlers Card) from the Health Department. A list of all participating vendors (with their address, phone number, and current National City business license number) is to be provided to the Revenue & Recovery Division of the Finance Department two weeks prior to the event for verification of business licenses. If any of the vendors or organizations is registered not -for -profit, there will be no charge for a business license. However, a business license certificate must be obtained from the City Revenue & Recovery Division, Business License Section. (Note: a clearance fee sloes apply to Non-profit organizations located in National City that submit an initial business license application.) 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. 112 of 158 FIRE (619) 336-4550 Fees will be required for after hour inspection ($200.00). Please contact the National City Fire Department for payment of fees. ALL TENTS SHALL FOLLOW REQUIRED CLEARANCES MANDATED BY THE NATIONAL CITY FIRE DEPARTMENT Stipulations required by the Fire Department for this event are as follows: 1) Access to the church to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2) Fire Hydrants shall not be blocked or obstructed. 3) Fire Department access into and through the festival areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 7) All cooking booths or areas to have one 2A:10BC fire extinguisher. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides. All fire extinguishers to have a current State Fire Marshal Tag attached. Please see attached example 8) Fire extinguishers to be mounted in a visible location between 31Z` 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. 9) If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal. 10) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc. 11) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($200.00) dollars. Fee is to be paid directly to the National City Fire Department Administration offices prior to event. 113 of 158 12) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 13) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. If cooking is to be done, a ten feet separation shall be maintained from cooking appliance and canopies. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. If canopies maintain a ten feet separation distance from one another, no charge will be assessed Canopies: Tents: 0 — 400 sf - $0 401 —500 sf- $250.00 501— 600 sf - $300.00 601 — 700 sf - $400.00 0 200 sf - $200.00 201 —(+) sf-$400.00 NOTE: Booth Canopies can be grouped in multiples of 4 not to exceed 400 square feet. A separation of ten feet between multiples of 4 booths shall be required. Tarps or other material may not be used to cover tents and canopies so as to join each tent or canopy to one another 14) First Aid will be provided by organization 114 of 158 CC/CDC-HA Agenda 9/20/2016 — Page 115 The following page(s) contain the backup material for Agenda Item: Report on the City Council's options in filling the impending City Attorney vacancy. (City Manager) 115 of 158 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 20, 2016 AGENDA ITEM NO. ITEM TITLE: Report on the City Council's options in filling the impending City Attorney vacancy. PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: Refer to attached staff report. DEPARTMENT: City Manager's Office APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Funds are available in Non -Departmental. ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Provide staff with direction to engage the services of an executive search firm to recruit for the position of City Attorney; appoint an interim City Attorney. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff Report 116 of 158 CALIFORNIA Nal°NAL C rIT 5CORPORATED City Council Staff Report September 20, 2016 ITEM Staff Report: Report on the City Council's options in filling the impending City Attorney vacancy. BACKGROUND Under the City of National City's Council -Manager form of government, responsibility for the recruitment and selection of staff (both at -will and Civil Service) falls under the purview of the City Manager. The exceptions are the positions of City Attorney and, of course, City Manager. Incumbents of both positions are appointed by and report to the full City Council. At the City Council meeting of September 6, 2016, the incumbent City Attorney publically announced her notice of resignation (effective October 13, 2016). In response, the City Council gave staff direction to provide short and long term options to address the impending vacancy. DISCUSSION Long Term. The long term objective is to recruit and appoint a permanent City Attorney. It is staff's recommendation that a broad search be conducted to identify viable candidates for this position. The City Attorney is responsible for the oversight of both in-house and consultant attorneys in all areas of public sector law. The City Attorney's Office is the legal counsel for the City, the Successor Agency to the Community Development Commission (CDC) and the Housing Authority; and advises the City Council, the City's boards and commissions, and City staff. The office prepares and reviews ordinances, resolutions, contracts, and other documents. The City Attorney and her team serve as City Prosecutor in the adjudication of violations of City ordinances, and represent the City and its officials and employees in civil litigation, or supervise outside counsel in handling such litigation. In general, the City Attorney's Office provides the services necessary to accomplish the programs of the City's policy makers according to legal requirements. In addition to the required technical expertise, the relationships between the City Attorney and the City Council, the City Manager and staff is paramount. Given the complex nature of the position, its criticality and the high consequence of error, a City Attorney recruitment is itself classified as complex and highly specialized. As such, it is common for agencies to seek the services of an executive search firm to lead the recruitment process. Staff 117 of 158 Page 2 Staff Report — Report on the City Council's options in filling the impending City Attorney vacancy. September 20, 2016 recommends authorizing the City Manager to engage an executive search firm to work in support of the City Council for the purpose of conducting recruitment for a permanent City Attorney. Should the City Council agree with this recommendation, the selected firm's work would begin with a meeting(s) with the City Council to gain in -sight and direction prior to initiating the search. Should the City Council elect to accept staff's recommendation to conduct such a search, it is estimate that it will be a four to six month process, from the time of Council direction to the on - boarding of the selected candidate. Short Term. It is staff's recommendation that the City Council select and retain an interim City Attorney. As noted above, a City Attorney recruitment is projected to take four to six months. The City of National City Office of the City Attorney is comprised of the City Attorney, 1.0 Senior Assistant City Attorney, 1.0 Deputy City Attorney and 1.0 Executive Assistant III. In addition to the oversight of the legal team, the incumbent City Attorney carries an active and varied caseload. With responsibility for legal oversight of a full -service City, the workload of the office is expansive. The loss of the City Attorney even on a short-term basis will have significant impact on the Office's ability to respond to the City's legal support needs in a timely manner. Staff recommends that the City Council seek the services of a retired City Attorney to fill the position while the recruitment is underway. Under the provisions of Government Code section 21221(h), the City Council can make an interim appointment into the vacant position during the recruitment for a permanent appointment for this position with specialized skills1. CONCLUSION Based on the above it is staff's recommendation that the City Council: • Direct staff to engage an executive search firm to support the City Council in the recruitment and appointment of a permanent City Attorney; and • Retain the services of a retired City Attorney on an interim basis while the search is conducted. FISCAL IMPACT As of the time of the preparation of this report, cost estimates from executive search firms were still pending. However, based on similar searches conducted by other agencies, the cost of the recruitment is estimated at $25,000 to $30,000. The cost of an interim City Attorney will be offset by the salary savings from the vacancy. 1 This provision is applicable to Ca1PERS retirees. 118 of 158 CC/CDC-HA Agenda 9/20/2016 — Page 119 The following page(s) contain the backup material for Agenda Item: Update on use of ballfield lighting for El Toyon Park Multi -Purpose Field. (Engineering/Public Works) 119 of 158 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 20, 2016 AGENDA ITEM NO. I ITEM TITLE: Update on use of ballfield lighting for E! Toyon Park Multi -Purpose Field PREPARED BY (Stephen Manganielld PHONE: 1619.336_43821 EXPLANATION: See attached. DEPARTMENT, I Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. 1 APPROVED: MIS ENVIRONMENTAL REVIEW: IN/AI ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Provide direction to staff on use of ballfield lighting for El Toyon Park Multi -Purpose Field. BOARD / COMMISSION RECOMMENDATION: IN/Al ATTACHMENTS: 11. Explanation 120 of 158 Explanation In 2015, staff retrofitted the ballfield lighting, wiring and equipment in the electrical panel boxes to better service the El Toyon Park Multi -Purpose Field. Staff anticipates the need to replace all of the ballfield lights within the next five years, as the lights and associated equipment have reached their useful life. Staff estimates the cost to remove the existing lights and install new lights with associated infrastructure and equipment at $600,000. Based on the age of the lights and current electrical configuration, which requires each light pole to be turned on and off manually through accessing individual electrical panel boxes, staff will be required to operate the lights for evening football practices and games. The field is estimated to be used by teams in the evenings six days a week over the next four months. The estimated cost for staff to operate the lights over this time period to allow for evening football practices and games is $XXXXX. The current fee schedule for use of the ballfield lights is $XXX per session. In leiu of increasing permit fees for use of the ballfield lights, staff seeks Council direction on whether or not staff should continue to operate the lights to allow for evening athletic events. 121 of 158 CC/CDC-HA Agenda 9/20/2016 — Page 122 The following page(s) contain the backup material for Agenda Item: Update on Energy and Water Conservation Program. (Engineering/Public Works) 122 of 158 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 20, 2016 AGENDA ITEM NO. ITEM TITLE: Update on Energy and Water Conservation Program PREPARED BY: 'Stephen Manganiellol PHONE: b19-336-438A EXP LANATI ON: 'See attached.' FINANCIAL STATEMENT: ACCOUNT NO. Nl� ENVIRONMENTAL REVIEW: I Nl/ ORDINANCE: INTRODUCTION: DEPARTMENT: Engineering/Public Works APPROVED BY: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: 'Direct staff to work with Ameresco to prepare an Energy Services Agreement and associated financing plan for project implementation. BOARD 1 COMMISSION RECOMMENDATION: Nlfl ATTACHMENTS: 11. Explanation 2. Presentation i« of 158 Explanation In accordance with the City's Energy Roadmap and Climate Action Plan, Council directed staff on June 3, 2014 to "solicit proposals pursuant to California Government Code 4217, to design, install, and finance sustainability improvements within municipal facilities." In July 2014, the City's Engineering and Public Works Department advertised a Request for Statement of Qualifications (SOQ) for an energy services contract to make sustainability improvements to City facilities under a guaranteed energy savings contract. Proposals were solicited to provide energy -related capital improvement services through performance -based contracting. These services would include design, installation, maintenance, and monitoring of energy and water saving upgrades at City facilities with a guarantee that monetary savings will cover the cost of the upgrades. The City received two responses which were evaluated by a five -member selection committee consisting of City staff, councilmembers and outside consultants. The panel gave Ameresco, Inc. the highest overall rating. Accordingly, City staff and Ameresco negotiated an Energy Audit Agreement, which was presented to City Council on December 15, 2015. Per Resolution No. 2015-189, City Council authorized the Mayor to execute an Agreement with Ameresco, Inc., to conduct an Energy Audit of City facilities (Phase I), develop a project scope of energy and water saving measures to fund capital costs for facility upgrades, forecast savings, present a financing plan, and offer a guarantee that energy and water savings over the life of the project will cover the cost of project financing and implementation. The attached presentation summarizes the findings and recommendations of the energy audit. Staff is seeking Council direction to work with Ameresco to prepare an Energy Services Agreement (ESA) and associated financing plan for project implementation. The ESA (Phase 2) will include refinements to project engineering and design, permitting, project management, construction management .and inspections, equipment installation, commissioning, and measurement and verification of energy savings. California Government Code Section 4217 facilitates public agencies' energy conservation efforts by authorizing them to enter into ESAs to develop and conduct energy efficiency and renewable energy projects at public facilities. Per the conditions of the current Energy Audit Agreement (Phase I) between the City of National City and Ameresco, in the event the City decides not to implement the project, or chooses to proceed with a provider other than Ameresco, the City will be required to reimburse Ameresco the total cost of the energy audit and report, which equals $70,639. If the City decides to proceed with project implementation and enter into an ESA with Ameresco, the energy audit costs will be incorporated into the total project cost and financing plan. 124 of 158 Energy and Water Conservation Program September 20, 2016 Presentation Topics I. Overview of Project / Process II. Energy Program Funding Sources III. Energy Program Options IV. Next Steps Policy Background ■ Adopted policy documents targeting improvements in city energy and water efficiency ✓ General Plan Update (2011) ✓ Climate Action Plan (2011) ✓ Energy Roadmap (2012) • SoBEAC Climate Action Flan Implementation Assistance (2013-2014) ✓ Recommended implementing improvements through guaranteed savings contract • June 3, 2014 Council direction: ✓ Solicit proposals pursuant to California Government Code 4217 to design, install and finance sustainability improvements within municipal facilities December 15, 2015 Council direction: ✓ Authorize the Mayor to execute an Agreement with Ameresco, Inc., to conduct an Energy Audit of City facilities (Phase 1), develop a project scope of energy and water saving measures to fund capital costs, forecast savings, and present a financing solution 3 National City Climate Action Plan Reduce CO2 Levels 15% below the 2005/2006 levels by 2020 Base Year: 2005/2006 Target Year: 2020 2020 Goal of 15% Reduction: Energy Projects Honeywell -- 2011 Ameresco Option 1 Ameresco Option 2 Total Reduction Option 1 Total Reduction Option 2 Percent of Goal Option 1 Percent of Goal Option 2 5077 Metric Tons of CO2 Emissions 5774 Metric Tons of CO2 Emissions w/o Energy Programs 866 Metric Tons of CO2 Emissions CO2 Savings 308 Metric Tons of CO2 Emissions 419 Metric Tons of CO2 Emissions 556 Metric Tons of CO2 Emissions 727 Metric Tons of CO2 Emissions 864 Metric Tons of CO2 Emissions 83.9% 99.8% Implementation Process Selection of Energy Services Partner (ESCO) ➢ RFP — multiple contractors evaluated ➢ Partner selection (Arneresco) ➢ City Council Approval of Audit Agreement ➢ Preliminary Audits Begins ➢ Program Options Presented to City Staff July '14 Oct. '14 Dec. '15 Dec. '15 Summer '16 5 Maximizes All Available Funding Sources IEnergy & Water Savings The reduction in use of electricity, natural gas, and water after the new equipment is installed. U. Utility Rebates Cash incentives for replacing old, inefficient equipment w/new, high -efficiency equipment. Capital Cost Avoidance The costs avoided by replacing old and unreliable equipment now which prevents costly and inconvenient emergency building shutdowns, and avoids the need to purchase and replace equipment as a reaction to an emergency measure due to equipment failure. IV Clean Renewable Energy Bonds (CREBS) CREBs are a form of tax credit bonds in which interest on the bonds is paid in the form of federal tax credits by the United States government. Therefore, CREBs are offered at or close to a Q% interest rate. Tax -Exempt Lease Purchase (TELP) Financing that is exempt from taxes. 6 Option 1: Partial Program Scope of Work HVAC Controls Interior Lighting Upgrades Exterior Lighting Upgrades HVAC Equipment Replacements Domestic Water Conservation Irrigation Controls interior Lighting Retrofits Existing fluorescent interior sights Rated lamp life = 15 years New LED interior lights Much more energy efficient; Cleaner, more direct light source. No flickering. Rated Tamp life = 25 years. 8 Photovoltaic Solar Roof -mounted solar system Parking shade structure supporting solar panels 9 Preliminary Costs for Option 1: Partial Program Scope of Work One -Time Cost: $3,325,871 One -Time Utility Rebate: $ 99,062 Annual Energy & Water Savings: $ 173,980 Total Energy & Water Savings: $6,078,285 Average Annual Capital Cost Avoidance: $ 12,687 Total Capital Cost Avoidance: $ 253,737 Net Present Value: $ 193,047 Preliminary Costs for Option 1: Annual Cash Flow Yik.t 1 €meipykL:'2teV, Savialg3. $173,980 l' l'Cttst Au ridurty _ $9,443 IiiiEi'0C. ts: -$16,175 7oe__a Nairn gs $167,248 - Reti_i. $99,062 y '; -, ' $251,974 $14,336 2 $179,604 $9,725 -516,741 $172,589 $158,333 $14,256 3 $185,411 $10,01.8 -517,327 $178,102 $163,930 $14,172 4 $191,407 $10,319 -517,933 $183,792 $169,710 $14,082 5 $197,598 $10,628 -$18,561 $189,665 $175,677 $13,988 _ 6 $203,991 $10,9z.7 -$19,211 $195,727 $181,838 $13,890 _ 7 $210,592 511,275 -$19,883 $201,984 $188,198 $13,786 8 9 $217,407 $11,61.4 -520,579 $208,442 $194,766 $13,677 $224,445 -$11,9E62 -$21,299 $215,108 $201,546 $13,562 10 11 $231,712 $12,32.1 -$22,045 $221,989 $208,547 $13,442 $239,216 $12,691 -$22,816 $229,091 $215,775 $13,315 12 $246,964 $13,071 -523,615 $236,421 $223,239 $13,182 13 $254,965 $13,463 -$24,441 $243,988 $230,945 $13,043 14 $263,227 $13,867 -$25,296 $251,798 $238,901 $12,897 15 $271,758 $14,283 -$26,182 $259,860 $247,116 $12,744 16 $280,568 $14,712 -$27,098 $268,182 $255,599 $12,583 17 $289,665 $15,153 -$28,047 $276,772 $264,357 $12,414 18 19 $299,059 $15,608 -$29,028 $285,638 $273,401 $12,237 $308,759 $16,076 -530,044 $294,791 $282,739 $12,052 20 $318,776 $16,558 -531,096 $304,239 $292,381 $11,858 21 $242,073 $242,073 $242,073 22 $243,708 $249,708 $249,708 23 $257,586 $257,586 $257,586 24 $265,713 $265,713 $265,713 25 $274,099 $274,099 $274,099 $6,078,285 $253,737 -$457,417 $5,874,605 $4,418,971 $1,554,696 w 0 CO Option 2: Full Program Scope of Work Solar PV HVAC Controls Interior Lighting Upgrades Exterior Lighting Upgrades HVAC E•.uipment Replacements Domestic Water Conservation Irrigation Controls es X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 12 Civic Center Deteriorated heating system Hlot and cold issues throughout building Clogged return air opening Stuffy rooms; air flow problems; Indoor Air Quality issues These issues fixed in Program 2 13 Civic Center Plugged zone heating coil; fiberglass and dust Air flow problems; Indoor Air Quality issues Rusted HVAC & electrical equipment; beyond its useful life Potential environmental issues These issues fixed in Program 2 14 Police Department Ceiling damage caused by old, leaking air conditioning units Indoor Air Quality issues Flooded and rusted main air conditioning unit Hot and cold issues throughout building These issues fixed in Program 2 15 Police Department Corroded and flooded air handler Rusted supply fan housing Potentiall costly emergency repairs and unexpected building shut downs These issues fixed in Program 2 16 Preliminary Costs for Option 2: Full Program Scope of Work One -Time Cost:, $6,608,598 One -Time Utility Rebate: $ 117,267 Annual Energy & Water Savings: $ 207,629 Total Energy & Water Savings: $7,263,392 Average Annual Capital Cost Avoidance: $ 190,456 Total Capital Cost Avoidance: $3,809,115 Net Present Value: $2,898,040 Preliminary Costs for Option 2: Annual Cash Flow f V,ear wirgy Sc ui'aierf Capital Cr, , Sayan, 5 - . ;ileuvi lAl.[: , , _ Kil aLly LfiilS -$16,175 1-lt41 549ini =: $333,213 '.'..:eiwiE.. $117,267 Aiinuil1 Fitton ira`?' ' t t Gull Flow_ $14,568 1 $207,629 $141,759 $435,912 2 $214,363 $146,012 -$16,741 $343,634 $329,066 $14,568 3 $221,317 $150,392 -$17,327 $354,382 $339,814 $14,568 4 $228,498 $154,904 -$17,933 $365,469 $350,902 $14,567 5 $235,913 $159,551 -$18,561 $376,903 $362,337 $14,566 6 $243,571 $164,337 -$19,211 $388,697 $374,131 $14,567 7 $251,479 $169,268 -$19,883 $400,864 $386,297 $14,566 8 $259,645 $174,346 -$20,579 $413,412 $398,846 $14,565 9 $268,078 $179,576 -$21,299 $426,355 $411,789 $14,565 10 $276,786 $184,963 -$22,045 $439,705 $425,140 $14,565 11 $285,780 $190,512 -$22,816 $453,475 $438,911 $14,564 12 $295,067 $196,227 -$23,615 $467,679 $453,116 $14,563 13 $304,658 $202,114 -$24,441 $482,331 $467,768 $14,562 14 $314,563 $208,178 -$25,296 $497,444 $482,882 $14,562 15 $324,791 $214,423 -$26,182 $513,033 $498,472 $14,561 16 $335,355 $220,856 -$27,093 $529,113 $514,552 $14,561 17 $346,264 $227,481 -$28,047 $545,699 $531,140 $14,559 18 $357,531 $234,306 -$29,028 $562,809 $548,250 $14,558 19 $369,166 $241,335 -$30,044 $580,457 $565,899 $14,558 20 $381,182 $248,575 -$31,096 $598,662 $584,105 $14,557 21 $289,416 $289,416 $289,416 22 $298,587 $298,587 $298,587 23 $308,049 $308,049 $308,049 24 $317,814 $317,814 $317,814 25 $327,890 $327,890 $327,890 $7,263,392 $3,809,115 -$457,417 $10,615,090 $117,267 $8,899,331 $1,833,026 California Government Code 4217 Enables public agencies to expeditiously procure energy conservation services Provided the agency determines that: ✓ Cost of the project is less than the total energy saved (4217.12) ✓ Funds for repayment of financing and/or costs of design, construction and operation will be available from the energy saved (4217.13) 1 Allows greatest possible flexibility to agencies in structuring agreements in order to maximize economic benefits and minimize costs • Most expeditious of all of the processes. (Faster implementation shortens the cycle of the project and reduces overall costs.) For current project, will save City at least $300,000 in design fees as well as reducing schedule of implementation by 8 -12 months. ■ Greater accountability of contractor. Selected contractor is accountable for results of program: guaranteed workmanship, equipment performance, and energy savings. ▪ Firm, fixed -price contract. No change orders. 19 Preliminary Code 4217 Analysis ✓ Both options meet 4217 criteria when taking capital costs avoided into account. 4217.12 Cost Effectiveness Test "Option 1" Energy & Water Savings $6,078,285 $7,263,392 Installation Cost $3,325,871 $6,608,598 Result Meets Criterion Meets Criterion 4217.13 Cost Effectiveness Test "Option 1" Energy & Water Savings $6,078,285 $7,263,392 Installation, Operation and Financing Cost $4,485,082 (net of rebates and capital costs avoided) $5,430,374 Result Meets Criterion Meets Criterion 20 Final Steps w 1 1 ✓ December 15, 2015 Council approved Resolution authorizing the Mayor to execute the Energy Audit Agreement w/Ameresco to conduct an energy audit of City facilities (Phase I), develop a project scope of energy and water saving measures to fund capital costs, forecast savings, and present a financing solution Next Step / Choices ➢ Do nothing more: • Cost = $70,639 (payment to Ameresco for energy audit and report) • Energy & water savings = $0 o CO2 emissions goal = 0% ■ Potential costly emergency repairs and unexpected building shut downs at Civic Center and Police Station ➢ Choose Option 1: o Cost = $3,325,871 • Energy & water savings = $6,078,285 o 83.9% of CO2 emissions goal ■ Saves energy and water, but does not address Civic Center and Police Station HVAC issues ➢ Choose Option 2: (Staff recommended option) ■ Cost = $6,608,598 • Energy & water savings = $7,263,392 99.8% of CO2 emissions goal ■ Maximum energy and water savings and addresses the Civic Center and Police Station HVAC issues 21 Timeline of Next Steps - • September 20, 2016 ➢ Resolution directing staff to return with an Energy Services Agreement and associated financing plan October November 2016 ➢ Finalize contract terms and financing plan ➢ Hold Public Hearing to consider the Energy Services Agreement and associated financing plan ➢ Present Resolution authorizing Mayor to execute Energy Services Agreement with associated financing plan ➢ Execute NTP with Ameresco to begin project implementation December 2016 — December 2017 ➢ Project construction to start during two -week furlough in December 2016 / January 2017 ➢ Project close-out estimated for December 2017 22 CC/CDC-HA Agenda 9/20/2016 — Page 147 The following page(s) contain the backup material for Agenda Item: Community and Police Relations Commission 2014 and 2015 Annual Report. (City Manager) 147 of 158 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 20, 2016 ITEM TITLE: Community and Police Relations Commission 2014 and 2015 Annual Report PREPARED BY: Lauren Maxilom: PHONE: (619) 336-4280 EXPLANATION - See attached reports AGENDA ITEM NO. DEPARTMENT: Cit APPROVED BY: Manager's Office FINANCIAL STATEMENT: ACCOUNT NO. A' ENVIRONMENTAL REVIEW: NI ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: STAFF RECOMMENDATION: Accept and file BOARD 1 COMMISSION RECOMMENDATION: Finance MIS CPRC voted unanimously on August 18, 2016 to approve Chairman Seaton-Msemaji's 2014 and 2015 Annual Report to Council. ATTACHMENTS: CPRC 2014 Annual Report CPRC 2015 Annual Report 148 of 158 Community and Police Relations Commission Memorandum To: Mayor and City Council Cc: City Manager's Office From: Chairman Seaton-Msemaji, Community and Police Relations Commission RE: 2014 Annual Report Background In October 2003, the Mayor and City Council established the National City Community and Police Relations Commission (CPRC). The Commission should be comprised of eight individuals appointed by the Mayor and approved by the City Council. Of the eight members, seven are voting members and one is a non -voting member. Of the seven voting members, five must be residents of National City. The non -voting member is a member of the National City Police Officers Association (NCPD-POA) The terms of the membership are three years, subject to reappointment by the City Council. As of the time period this report reflects (2014), there are 5 voting members and one non- voting member leaving two vacancies to be filled for voting members. The Commission meets on the third Thursday in the months of February, May, August and November at 6:00 p.m. in the Council Chambers of the National City Civic Center, 1243 National City Boulevard, 2nd Floor, National City, unless otherwise designated. 2014 Year End Review The commission reviewed three (3) cases in closed session for the 2014 year and unanimously supported the Internal Affairs findings. The limited number of cases reviewed for the year was due, in large part to the number of canceled meetings for the year. Of the four meetings scheduled in 2014, two meetings, February and August, were cancelled due to the lack of a full quorum of members. Page 1 of 3 149 of 158 During the Commission's May and November meetings two newly appointed Commissioners were introduced, (Victor Barajas and Gary Dines). Both of Commissioners are included in the total number of voting commissioners referenced above. These additional appointees gave the Commission added flexibility to accommodate Commissioner absences without risk of canceling regularly scheduled meetings. In addition to the new members welcomed by the Commission during the year, the following personnel changes also occurred: • Ken Seaton-Msemaji and Richard Wingfield were appointed as Chairman and Vice -Chairman respectively with a majority vote by the Co u ission. Cases Reviewed in 2014 As noted above, the commission reviewed three (3) Citizen/Department Initiated investigations in closed session and unanimously supported NCPD's Internal Affairs findings. Current Status of Complaints • As of the time period this report reflects, there are several cases pending review by CPRC members. *Note,. All complaints that are reviewed by CPRC Complaint Review Subcommittee are taken to the entire Commission in closed session for discussion and determination. * Training/Special Presentations • Ethics Training- Commissioners Barajas and Estolano participated • Rosenberg's Rules of Order presented by City Attorney Claudia Silva to the Commission • Use of Force Workshop hosted by NCPD- Commissioner Barajas participated Subcommittees Complaint Review Subcommittee for review of completed Internal Affairs investigations. Appointed Victor Barajas as an alternate for Complaint Review Subcommittee to review completed Internal Affairs cases in the absence of Commissioner Wingfield's or Chairman Msemaji's (both current members of the subcommittee) 2014 Attendance February No meeting- lack of quorum May Present — Barajas, Victor; Estolano, Nancy; Seaton-Msemaji; Wingfield, Richard (voting members) Absent — None Present — Bill Phillips (non -voting member) Page 2 of 3 150 of 158 August No meeting - lack of quorum November Present — Barajas, Victor; Dines, Gary; Estolano, Nancy; Seaton-Msemaji, Ken; Wingfield, Richard (Voting members) Absent — None Present — Bill Phillips (non -voting member) 2015 Goals and Aspirations • Continued educational opportunities for the Commission. • More presentations by NCPD and other city agencies. ▪ Have Commissioners participate in one ride -along. Page 3 of 3 151 of 158 Community and Police Relations Commission Memorandum To: Mayor and City Council Cc: City Manager's Office From: Chairman Seaton-Msemaji, Community and Police Relations Commission RE: 2015 Annual Report Background In October 2003, the Mayor and City Council established the National City Community and Police Relations Commission (CPRC). The Commission should be comprised of eight individuals appointed by the Mayor and approved by the City Council. Of the eight members, seven are voting members and one is a non -voting member. Of the seven voting members, five must be residents of National City. The non -voting member is a member of the National City Police Officers Association (NCPD-POA) The terms of the membership are three years, subject to reappointment by the City Council. As of the time period this report reflects (2015), there are 6 voting members and one non- voting member leaving one vacancy to be filled for voting members. The Commission meets on the third Thursday in the months of February, May, August and November at 6:00 p.m. in the Council Chambers of the National City Civic Center, 1243 National City Boulevard, 2nd Floor, National City, unless otherwise designated. 2015 Year End Review Of the four meetings scheduled in 2015, one was postponed until June and subsequently cancelled due to the lack of a full quorum of members. Of the three meetings held, two meetings included closed sessions in which the Commission reviewed a total of nine (9) cases. During the Commission's August and November meetings two newly appointed Commissioners were introduced, (Florfnna Arce and Julio Castro Munoz). Both of Page 1of3 152 of 158 Commissioners are included in the total number of voting commissioners referenced above. In addition to the newly appointed Commissioners, the following changes to personnel and policies also took place during the 2015 year: • Commissioner Richard Wingfield — Resigned due to a new job that would require him to be away for longer periods of time. • The Commission re -appointed Ken Seaton-Msemaji as Chairman of the Commission and Victor Barajas as Vice -Chairman. • Commissioner Gray Dines name was removed from the roster due to his passing. • The Commissions made the following changes to section 6 of its bylaws concerning unexcused absences: o "Membership in the Commission shall terminate if a member has Two (2) consecutive unexcused absences from meetings, whether regular or special, or four (4) absences from regular or special meetings, in a Three (3) year term." Cases Reviewed in 2015 As noted above, the commission reviewed a total of nine (9) Citizen/Department Initiated investigations in closed session and agreed unanimously affirmed NCPD's Internal Affairs findings on all cases. Current Status of Complaints As of the time period this report reflects, there are several cases pending review by CPRC members from both 2014 and 2015. *Note: All complaints that are reviewed by CPRC Complaint Review Subcomrnittee are taken to the entire Commission in closed session for discussion and determination.* Training/Special Presentations • Brown Act presented by City Attorney Claudia Silva to the Commission • Ethics Training — Chairman Seaton-Msemaji participated • NACOLE (National Association of Civilian Oversight of Law Enforcement) Conference - Commissioner Barajas and Lauren Maxilom attended. • Report on Officer involved Shootings (SD County District Attorney's 1993-2012) presented by Chief Manuel Rodriguez to the Commission • Ride -Along with NCPD- Commissioner Barajas participated • The Rights and Responsibilities of Citizens and Police presented by NCPD to the Commission • Use of Force Workshop hosted by NCPD- Commissioner Dines participated Page 2 of 3 153 of 158 Subcommittees • Complaint Review Subcommittee for review of completed Internal Affairs investigations. o Victor Barajas moved from an "alternate" status on the subcommittee to active. o Diana Plazola was appointed new "alternate". 2015 Attendance February May Present — Barajas, Victor; Dines, Gary; Estolano, Nancy; Seaton-Msemaji, Ken; Wingfield, Richard (voting members) Absent — None Present — Bill (non -voting member) Meeting postponed to June June No meeting- lack of quorum August Present — Barajas, Victor; Estolano, Nancy; Seaton-Msemaji, Ken; Plazola, Diana, Wingfield, Richard (voting members) Absent — Arce, Florfina (voting member) Present - Bill (non -voting member) November Present — Arce, Florfina; Barajas, Victor; Castro Munoz, Julio; Estolano, Nancy; Seaton-Msemaji, Ken; Plazola, Diana; (Voting members) Absent -None Present — Walters, Wade (non -voting member) 7016 Goals and Aspirations • Continued educational opportunities for the Commission. o More presentations by NCPD and other city agencies. • Have Commissioners participate in one ride -along. Page 3 of 3 154 of 158 CC/CDC-HA Agenda 9/20/2016 — Page 155 The following page(s) contain the backup material for Agenda Item: Resolution of the Community Development Commission -Housing Authority of the City of National City accepting the transfer of certain Real Property from the City of National City consisting of portions of Hoover Avenue and Harding Avenue previously vacated 155 of 158 DST 106125 CC/CDC-HA Agenda 9/20/2016 — Page 156 156 of 158 CC/CDC-HA Agenda 9/20/2016 — Page 157 The following page(s) contain the backup material for Agenda Item: A report on the State of California Cap -and -Trade Program and its appropriations including the Affordable Housing and Sustainable Communities Program. (Housing & Economic Development) 157 of 158 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: (September 20, 2016 AGENDA ITEM NO. ITEM TITr A report on the State of California Cap -and -Trade Program and its appropriations including the Affordable Housing and Sustainable Communities Program. PREPARED BY: Iparlos Aguirre, Housing & Economic Development Manager PHONE: l(619) 336-4391 EXPLANATION: DEPARTMENT: H APPROVED Economic Dev. Staff will provide a verbal report on the State of California Cap -and -Trade Program and its appropriations including the Affordable Housing and Sustainable Communities Program. FINANCIAL STATEMENT: ACCOUNT NO. Not applicable. ENVIRONMENTAL REVIEW: Not applicable. ORDINANCE: INTRODUCTION: 1 FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Not applicable. BOARD I COMMISSION RECOMMENDATION: [Not applicable. ATTACHMENTS: None. 158 of 158