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HomeMy WebLinkAboutAgenda Packet cc 11-01-161 of 554 AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CALIFORNIA -<* NATIONAL C111 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, NOVEMBER 1, 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 2 of 554 CC/CDC-HA Agenda 11 /1 /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. 3 of 554 CC/CDC-HA Agenda 11 /1 /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. City of National City awarded a Platinum Level Beacon Spotlight Award. (Planning) 2. City of National City awarded Circulate San Diego Healthy Communities Award: Paradise Creek Educational Park Urban Greening Project. (Planning) PRESENTATIONS 3. Unified Port of San Diego Update - Robert "Dukie" Valderrama - Port Commissioner, Vice Chairman INTERVIEWS / APPOINTMENTS 4. Interviews and Appointments: Boards & Commissions - Current Vacancy (Community and Police Relations Commission). (City Clerk) CONSENT CALENDAR 5. 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) 6. 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 October 18, 2016. (City Clerk) 7. Resolution of the City Council of the City of National City 1) authorizing the acceptance of a grant award in the amount of $70,000 from the Office of 4 of 554 CC/CDC-HA Agenda 11/1/2016 — Page 4 Traffic Safety (OTS) for the Selective Traffic Enforcement Program (STEP) grant 2017 to conduct DUI and traffic related enforcement operations for the Police Department; 2) authorizing the Chief of Police to execute the Agreement of the award of the grant funds; and 3) authorizing the establishment of fund appropriations and a corresponding revenue budget. (Police) 8. Resolution of the City Council of the City of National City authorizing the Mayor to enter into an agreement with the Coast Community College District (Golden West College) to provide training services. The training program to be provided is the Public Safety Dispatch Supervisor Course. The cost of the training will be $ 395.00 per student for up to four students for a total cost of $1,580.00 for an 80 hour course. (Police) 9. Resolution of the City Council of the City of National City waiving the formal bid process consistent with National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City (Buyer) to piggyback the City of Encinitas RFP Contract #2012-01 for Urban Forestry Maintenance Services to execute an Agreement with West Coast Arborists, Inc. (WCA) for tree trimming services in an amount not to exceed $90,000. (Engineering/Public Works) 10. Resolution of the City Council of the City of National City authorizing submittal of applications for all State of California Department of Resources, Recycling and Recovery (CalRecycle) grants for which the City of National City is eligible for a period of five (5) years. (Engineering/Public Works) 11. Resolution of the City Council of the City of National City, 1) authorizing the filing of an application for Active Transportation Grant Program (ATGP) funds through the San Diego Association of Governments (SANDAG) for the El Toyon-Las Palmas Regional Bicycle Boulevard Project in the amount of $1,544,000; 2) accepting the terms of the Grant Agreement; and 3) authorizing the City Manager to accept the TransNet ATGP funds and execute a grant agreement with SANDAG, if selected for grant award. (Engineering/Public Works) 12. Resolution of the City Council of the City of National City, 1) authorizing the filing of an application for Active Transportation Grant Program (ATGP) funds through the San Diego Association of Governments (SANDAG) for the Citywide Safe Routes to School (SRTS) Pedestrian Enhancements Project in the amount of $1,678,000; 2) accepting the terms of the Grant Agreement; and 3) authorizing the City Manager to accept the TransNet ATGP funds and execute a grant agreement with SANDAG, if selected for grant award. (Engineering/Public Works) 5 of 554 CC/CDC-HA Agenda 11/1/2016 — Page 5 13. Resolution of the City Council of the City of National City, 1) authorizing the filing of an application for Active Transportation Grant Program (ATGP) funds through the San Diego Association of Governments (SANDAG) for the Euclid Avenue Bicycle and Pedestrian Enhancements Project in the amount of $3,335,000; 2) committing to a local match of $200,000; 3) accepting the terms of the Grant Agreement; and 4) authorizing the City Manager to accept the TransNet ATGP funds and execute a grant agreement with SANDAG, if selected for grant award. (Engineering/Public Works) 14. Resolution of the City Council of the City of National City, 1) authorizing the filing of an application for Sustainable Transportation Planning Grant Program funds through the California Department of Transportation (Caltrans) for National City's INTRA-Connect project (Integrating Neighborhoods with Transportation Routes for All) in the amount of $230,000, 2) committing to a local match of $70,000; and 3) authorizing the City Manager to execute the grant agreement with Caltrans, if selected for grant award. (Engineering/Public Works) 15. Resolution of the City Council of the City of National City adopting City Council Policy #713 — Environmentally Preferable Purchases and Practices (EPPP). (Engineering/Public Works) 16. Resolution of the City Council of the City of National City accepting the transfer by Grant Deed of certain Real Property from the Community Development Commission -Housing Authority of the City of National City consisting of a 385 square foot sliver of land for public access improvements on Hoover Avenue adjacent to the Phase II Housing Project of the Westside Infill Transit Oriented Development. (Housing and Economic Development) 17. Warrant Register #13 for the period of 09/21/16 through 09/27/16 in the amount of $2,136,821.84. (Finance) 18. Warrant Register #14 for the period of 09/28/16 through 10/04/16 in the amount of $1,675,164.55. (Finance) PUBLIC HEARINGS ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION 19. An Ordinance of the City Council of the City of National City adding Chapter 10.14 to Title 10 of the National City Municipal Code to Prohibit all Commercial Marijuana Activity in the City of National City, Regulate the Cultivation of Recreational Marijuana for Personal Use, and Regulate the 6 of 554 CC/CDC-HA Agenda 11/1/2016 — Page 6 Possession of Recreational Marijuana in anticipation of Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA), passing on November 8, 2016. (City Attorney) NON CONSENT RESOLUTIONS NEW BUSINESS 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 authorizing the Chairman to execute a Subordination Agreement allowing a new mortgage that is not -to -exceed $106,000 to be and remain a lien prior and superior to a home purchase assistance loan on a single-family residence located at 1928 E Avenue in National City. (Housing & Economic Development Department) 21. Resolution of the Community Development Commission -Housing Authority of the City of National City authorizing the Chairman to execute a Grant Deed transferring certain Real Property from the Community Development Commission -Housing Authority of the City of National City to the City of National City consisting of a 385 square foot sliver of land for public access improvements on Hoover Avenue adjacent to the Phase II Housing Project of the Westside Infill Transit Oriented Development. (Housing and Economic Development) NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY C. REPORTS STAFF REPORTS MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - November 15, 2016 - 6:00 p.m. - Council Chambers - National City, California. 7 of 554 CC/CDC-HA Agenda 11/1/2016 — Page 7 City Council and Community Development Commission - Housing Authority of the City of National City Meeting Schedule for the Period January 3, 2017 through January 17, 2017: January 03 - Dispense with Meeting - 6:00 pm January 17 - Regular Meeting - 6:00 pm 8 of 554 CC/CDC-HA Agenda 11/1/2016 — Page 8 The following page(s) contain the backup material for Agenda Item: City of National City awarded a Platinum Level Beacon Spotlight Award. (Planning) 9 of 554 Item # November 1, 2016 Awards and Recognition City of National City Awarded a Platinum Level Beacon Spotlight Award (Planning) 10 of 554 CC/CDC-HA Agenda 11 /1 /2016 — Page 10 The following page(s) contain the backup material for Agenda Item: City of National City awarded Circulate San Diego Healthy Communities Award: Paradise Creek Educational Park Urban Greening Project. (Planning) 11 of 554 Item # November 1, 2016 Awards and Recognition City of National City Awarded Circulate San Diego Healthy Communities Award: Paradise Creek Educational Park Urban Greening Project (Planning) 12 of 554 CC/CDC-HA Agenda 11 /1 /2016 — Page 12 The following page(s) contain the backup material for Agenda Item: Unified Port of San Diego Update - Robert "Dukie" Valderrama - Port Commissioner, Vice Chairman 13 of 554 UNIFIED PORT OF SAN DIEGO UPDATE (ROBERT " DUKIE" VALDERRAMA - PORT COMMISIONER, VICE CHAIRMAN) ITEM # 11-1-16 14 of 554 CC/CDC-HA Agenda 11 /1 /2016 — Page 14 The following page(s) contain the backup material for Agenda Item: Interviews and Appointments: Boards & Commissions - Current Vacancy (Community and Police Relations Commission). (City Clerk) 15 of 554 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: No1ember 1, 2016 AGENDA ITEM NO. ITEM TITLE: Interviews and Appointments: Boards & Commissions - Current Vacancy (Community and Police Relations Commission). (City Clerk) PREPARED BY: Michael R. Dalla PHONE: 619-336-4226 EXPLANATION: See attached background report. DEPARTMENT: City Jerk APPROVED BY: a FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance STAFF RECOMMENDATION: ;Interview and appoint as desired. BOARD t COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Background Report 2. Application 16 of 554 BOARDS & COMMISSIONS — CURRENT VACANCY (Community and Police Relations Commission) November 1, 2016 COMMUNITY AND POLICE RELATIONS COMMISSION CPRC (Appointing Authority: Mayor subject to confirmation by City Council) There is one unexpired term on the CPRC. There are three new applications (Lance Mirkin, Coyote Moon and Derek Jones). Name Interviewed Lance Mirkin Yes Coyote Moon Yes Derek Jones No 17 of 554 CITY OF NATIONAL CITY • ARPLtt M1ON PQR. APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COPANIIITTEES G ril Service Commission .Planning Commission Community & Police Relations ConinrIssion'* (CPRC) .Public Art Commilte Library Board of Trustees. Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board - Nota; a.1,ppilcants must be residents oft* City of National City except for those marked by an Applicants for the CommunitY and Poilce Relations Commission ;must pace a criminal . background check prior toyap intment. 'Name: J e • oitte Home Address: i13,3 : og.t, fi°. Tot: No.: 13115111118 AffifilatEOP: '' "Farn�y�. i 64ke°' '0 Title: t'(4.- CITA!? Business:Address: 3413 tj)t 0 .4-6j -- Tel. No.. j 336.41 'Length of'iResrdenee in National City: Moisek,. San Diego County: . a '- cardomra: 543 Eduoational Background: cite ,,, . t to fe1'1Ce' a x A;c,s ^e ie ..0 1:ctrs CeAr ". Occupational Experience: -ir: Professio I or Technical Organization Memberships: L i 27 Civic or Community Experience, .Merribershlp, or Previous Public Sere Appointments: . ,,T. 411,1441,-, Cii5.1. .4r 2t 4. op -Experience or Sp kn • ledge Pertaining to Area of iCri.) ch:?Lze;t. r . IL.h. bcf40-S. ; nterest: ci f►�a Gel' .ecs!•Pa�;.^ Have you is . n •oonvidted of a felonycrime? No Yes: . misdemeanor �., crime? Noj„'Yes, If any convictions were expunged disclosure is not requited. Convicticine are not necessarily disgu>alrtrying, ' ' Please feel free to provide an explanation or-iriformati.bn regarding yes answers to the above two. questions. Date: 1 • i Signature: • Please feel free to provide additional = tiori or letters of eridorserrient -Please relum completed•form to: Mice of ate .City Clerk 1143 National, Clty Blvd, National Clty, CA 91960 Thank.you for your interest in serving.the City of National CIV. Residency requirements may not apply This documents is lied gee 'Obit document Revised: Deoember 2015 18 of 554 SuipolernentalApplication: National City Com unity nd Police Relations Con-1611asion The Nation& City Community and Police Re!atkms Commission serves as an independent, unbiased and impartial office that is readily available to the public, it Is an organization for the Improvernent of police and community relations and the facilitation of dlsputes whenever possible. It pro�lides a forum for citizens to voice their concerns, comment about pope conduct, practices and policies and Improves communication between citizens and the National City Police Department The National City Community and Police Relations Commission is empowered to receivo and review complaints regarding National City Police Departmer`tPersonnel for alleged misconduct, and to recommend appropriate changes of Police Department policies and procedures toward the goals of Safeguarding the rights of persons and promoting higher standards of competency, efficiency and Justice in the provision of community policing services. Applicants must be•completely forthright and truthful during the application process. Applicants may be disqualified In the background processes a result of dishonesty and/or purposely omitting Information regarding one's criminal history. Given the complexity of this Comniisslon and its duties, it is necessary to past -a criminal background check prior to appointment by City Council and/or swearing in. as Commissioner. upon conditional appointment the Human .Resources department will contact you to schedule the criminal background process when, and if appropriate„ it is Important to note that you fill out thls application completely and honestly to the Mist of your abilities. Failure to disclose your criminal history may result in disqualification. If a conviction has been expunged disclosure is not required. Have you ewer been convicted of a felony crime: No X Yes: Have you been convicted of a misdemeanor: No;,r Yes: _ if any convictions were expunged disclosure is not required. . Please feel free to provide an explanation or information regarding yes answers to the above two questions., There may be circumstances that could disqualify an appficsnt fron the background process beyond the listed *crimes below, Each incident Is evaluated in terms of the circumstances and facts surrounding its occurrence and its degree of relevance to the position, Disqualifying criteria for Community and Police Relations Cornmissionen == aee attached table 19 of 554 CC/CDC-HA Agenda 11 /1 /2016 — Page 19 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) 20 of 554 Item # 11/01/16 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) 21 of 554 CC/CDC-HA Agenda 11 /1 /2016 — Page 21 The following page(s) contain the backup material for Agenda Item: 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 October 18, 2016. (City Clerk) 22 of 554 Item # 11/01/16 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 OCTOBER 18, 2016. (City Clerk) 23 of 554 Book 98 / Page 180 10-18-2016 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY October 18, 2016 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:12 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios. Council / Board members absent: Sotelo-Solis. Administrative Officials present: Dalla, Deese, Denham, Duong, Eiser, Manganiello, Parra, Raulston, Roberts, Rodriguez, Stevenson, Vergara, Williams, Ybarra. Others present: City Treasurer Mitch Beauchamp and Student Representative Jose Estrada. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC COMMENTS Brian Clapper, National City, reminded everyone that the Lions Club's Annual One -Site event is scheduled from October 31 st through November 4th and encouraged everyone to stop by and see the good work that is being done to serve 1500 students from the surrounding area. Karen Azhocar McManus, President of the Maytime Band Review, thanked the Mayor, Council and City staff for their support and hard work to make the return of the Maytime Parade such a wonderful success. PROCLAMATIONS PROCLAMATION ADMIN (102-2-1) 1. Proclaiming October 16 through October 22, 2016 as: Freedom from Workplace Bullies Week. 24 of 554 Book 98 / Page 181 10-18-2016 INTERVIEWS / APPOINTMENTS BOARDS & COMMISSIONS ADMIN (101-1-1) 2. Interviews and Appointments: Various Boards & Commissions - Current Vacancy (Community and Police Relations Commission) and Expiring Term (Port Commission). (City Clerk) TESTIMONY: It was disclosed that Mr. Derek Jones, applicant for the CPRC, was out of town on a Fire Fighter Strike team assignment, and was unable to be present for an interview. ACTION: Motion by Mendivil, seconded by Rios, to re -appoint Dukie Valderama to the Port Commission. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: None. Abstain: None. Absent: Sotelo-Solis. CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 3 (NCMC), Item Nos. 4 through 10 (Resolution No. 2016-161 through 2016-167), Item No. 11 (Report), Item Nos. 12 and 13 (Warrant Registers). Motion by Cano, seconded by Mendivil, to pull Item Nos. 7 and 8, and to approve the remainder of the Consent Calendar. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: None. Abstain: None. Absent: Sotelo-Solis. MUNICIPAL CODE 2016 (506-2-31) 3. 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) ACTION: Approved. See above. FINANCIAL MANAGEMENT 2016-2017 (204-1-32) 4. Resolution No. 2016-161. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING GENERAL FUND APPROPRIATIONS IN THE AMOUNT OF $10,000 PER THE SWEETWATER AUTHORITY LETTER OF AGREEMENT FOR THE CITY OF NATIONAL CITY TO PROVIDE LANDSCAPE DESIGN SERVICES FOR A WATER CONSERVATION DEMONSTRATION GARDEN IN KIMBALL PARK NEXT TO PARADISE CREEK. (Engineering/Public Works) ACTION: Adopted. See above. 25 of 554 Book 98 / Page 182 10-18-2016 CONSENT CALENDAR (cont.) CONTRACT (C2016-52) 5. Resolution No. 2016-162. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AWARDING A CONTRACT IN THE NOT -TO -EXCEED AMOUNT OF $99,759.00 TO PORTILLO CONCRETE, INC. FOR THE E. 16TH STREET AND GROVE STREET PEDESTRIAN ENHANCEMENTS PROJECT, CIP NO. 16-03; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $14,963.85 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT. (Engineering/Public Works) ACTION: Adopted. See above. FINANCIAL MANAGEMENT 2016-2017 (204-1-32) 6. Resolution No. 2016-163. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION OF $70,000.00 IN THE PLAZA BOULEVARD WIDENING CIP EXPENDITURE ACCOUNT FROM TRANSPORTATION DEVELOPMENT IMPACT FEE (TDIF) FUND BALANCE FOR CONSTRUCTION OF THE PLAZA BOULEVARD WIDENING PROJECT. (Engineering/Public Works) ACTION: Adopted. See above. FINANCIAL MANAGEMENT 2016-2017 (204-1-32) 7. Resolution No. 2016-164. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION OF $95,000.00 IN THE CORRESPONDING CIP EXPENDITURE ACCOUNTS FOR KIMBALL PARK & EL TOYON PARK IMPROVEMENTS FROM PARK DEVELOPMENT IMPACT FEE FUND BALANCE TO BE ALLOCATED TO THE CITY COUNCIL APPROVED 15% CONTINGENCY FOR CONSTRUCTION OF THE KIMBALL PARK & EL TOYON PARK IMPROVEMENTS PROJECT. (Engineering/Public Works) ACTION: Motion by Rios, seconded by Cano, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: None. Abstain: None. Absent: Sotelo-Solis. 26 of 554 Book 98 / Page 183 10-18-2016 CONSENT CALENDAR (cont.) FINANCIAL MANAGEMENT 2016-2017 (204-1-32) 8. Resolution No. 2016-165. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION OF $75,000 IN THE TRAFFIC MONITORING CIP EXPENDITURE ACCOUNT FROM GENERAL FUND FUND BALANCE TO CONDUCT CITYWIDE ENGINEERING & TRAFFIC SURVEYS TO ESTABLISH SPEED LIMITS IN ACCORDANCE WITH SECTION 40802(A) OF THE CALIFORNIA VEHICLE CODE. (Engineering/Public Works) ACTION: Motion by Rios, seconded by Cano, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: None. Abstain: None. Absent: Sotelo-Solis. PARKING & TRAFFIC CONTROL ADMIN 2016 (801-2-37) 9. Resolution No. 2016-166. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGN IN FRONT OF THE RESIDENCE AT 24 E. DIVISION STREET (TSC NO. 2016-08). (Engineering/Public Works) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 2016 (801-2-37) 10. Resolution No. 2016-167. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGN IN FRONT OF THE RESIDENCE AT 108 E. 5TH STREET (TSC NO. 2016-09). (Engineering/Public Works) ACTION: Adopted. See above. FINANCIAL MANAGEMENT 2016-2017 (204-1-32) 11. Investment transactions for the month ended August 31, 2016. (Finance) ACTION: Accepted and Filed. See above. WARRANT REGISTER JULY 2016 — JUNE 2017 (202-1-31) 12. Warrant Register #11 for the period of 09/07/16 through 09/13/16 in the amount of $1,970,029.42. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2016 — JUNE 2017 (202-1-31) 13. Warrant Register #12 for the period of 09/14/16 through 09/20/16 in the amount of $1,379,544.19. (Finance) ACTION: Ratified. See above. 27 of 554 Book 98 / Page 184 10-18-2016 ORDINANCES FOR INTRODUCTION MUNICIPAL CODE 2016 (506-2-31) 14. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 10.14 TO TITLE 10 OF THE NATIONAL CITY MUNICIPAL CODE TO PROHIBIT ALL COMMERCIAL MARIJUANA ACTIVITY IN THE CITY OF NATIONAL CITY, REGULATE THE CULTIVATION OF RECREATIONAL MARIJUANA FOR PERSONAL USE, AND REGULATE THE POSSESSION OF RECREATIONAL MARIJUANA IN ANTICIPATION OF PROPOSITION 64, THE CONTROL, REGULATE, AND TAX ADULT USE OF MARIJUANA ACT (AUMA), PASSING ON NOVEMBER 8, 2016. (City Attorney) MUNICIPAL CODE 2016 (506-2-31) 15. Ordinance No. 2016-2414. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 36934 AND 36937 ADDING CHAPTER 10.14 TO TITLE 10 OF THE NATIONAL CITY MUNICIPAL CODE TO PROHIBIT ALL COMMERCIAL MARIJUANA ACTIVITY IN THE CITY OF NATIONAL CITY, REGULATE THE CULTIVATION OF RECREATIONAL MARIJUANA FOR PERSONAL USE, AND REGULATE THE POSSESSION OF RECREATIONAL MARIJUANA IN ANTICIPATION OF PROPOSITION 64, THE CONTROL, REGULATE, AND TAX ADULT USE OF MARIJUANA ACT (AUMA), PASSING ON NOVEMBER 8, 2016. (City Attorney) RECOMMENDATION: Adopt the Ordinance. Requires 4/5 vote. TESTIMONY: None. ACTION: Motion by Mendivil, seconded by Cano, to adopt the Ordinance. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: None. Abstain: None. Absent: Sotelo-Solis. ORDINANCES FOR ADOPTION MUNICIPAL CODE 2016 (506-2-31) 16. Ordinance No. 2016-2415. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REPEALING CHAPTER 10.18 (BEEKEEPING) AND ADDING CHAPTER 8.34 TO TITLE 8 OF THE NATIONAL CITY MUNICIPAL CODE TO ALLOW FOR BEEKEEPING IN THE CITY. (Applicant City -Initiated) (Case File 2016-05 A) (Planning) RECOMMENDATION: Adopt the Ordinance. TESTIMONY: None. 28 of 554 Book 98 / Page 185 10-18-2016 ORDINANCES FOR ADOPTION (cont.) MUNICIPAL CODE 2016 (506-2-31) 16. Ordinance No. 2016-2415 (continued). ACTION: Motion by Rios, seconded by Morrison, to adopt the Ordinance. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Rios. Nays: None. Abstain: None. Absent: Mendivil, Sotelo-Solis. NON CONSENT RESOLUTIONS CITY COUNCIL ADMIN (102-16-1) 17. Resolution No. 2016-168. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AMENDMENTS TO THE CITY COUNCIL POLICY MANUAL; CHAPTER 100: ADMINISTRATION AND POLICY MANAGEMENT (POLICY 109 - EXPENSES, 110 - FLAGS, 114 - GRANTS). (City Manager) RECOMMENDATION: Review and approve policy amendments as submitted. TESTIMONY: None. ACTION: Motion by Rios, seconded by Cano, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: None. Abstain: None. Absent: Sotelo-Solis. NEW BUSINESS TEMPORARY USE PERMITS 2016 (203-1-32) 18. Temporary Use Permit — Padres Pedal the Cause Bicycle Ride sponsored by Pedal the Cause on November 12, 2016 from 7:15 a.m. to 8:00 a.m. with no waiver of fees. (Neighborhood Services) RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. TESTIMONY: A spokesmen for the applicant responded to questions. ACTION: Motion by Cano, seconded by Mendivil, to approve staff recommendation. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: None. Abstain: None. Absent: Sotelo-Solis. 29 of 554 Book 98 / Page 186 10-18-2016 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2016 (203-1-32) 19. Temporary Use Permit — Sweetest Ride Custom Car & Bike Show hosted by Sweetwater Harley Davidson on October 22, 2016 from 10 a.m. to 3 p.m. at 3201 Hoover Avenue with no waiver of fees. (Neighborhood Services) RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. TESTIMONY: The applicant responded to questions. ACTION: Motion by Mendivil, seconded by Cano, to approve staff recommendation. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: None. Abstain: None. Absent: Sotelo-Solis. COMMUNITY SERVICES DEPT ADMIN (1104-1-7) 20. Staff seeks City Council direction on the relocation of the City sponsored Christmas on Brick Row event to Kimball Park and a synthetic ice skating rink for an additional cost of $5,000. (Community Services) RECOMMENDATION: Staff seeks City Council direction on the following options. 1. Relocate `Christmas on Brick Row' to Kimball Park. 2. Sponsor a synthetic ice skating rink for an additional cost of $5,000. TESTIMONY: Anita Brinkley, National City, spoke in opposition to moving the event. ACTION: Motion by Rios, seconded by Mendivil, to relocate `Christmas on Brick Row' to Kimball Park and co-sponsor a synthetic ice skating rink for an additional cost of $5,000. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: None. Abstain: None. Absent: Sotelo-Solis. MUNICIPAL CODE 2016 (506-2-31) 21. Staff report seeking direction on amendments to Title 10 of the National City Municipal Code and to City of National City Council Policy 803 pertaining to the sale and use of alcoholic beverages in city -owned facilities operated and controlled by third parties. (Human Resources) RECOMMENDATION: Direct staff to return to City Council with proposed amendments to Title 10 of National City Municipal Code and City of National City Council Policy 803 allowing for the governance of the sale and use of alcoholic beverages in city -owned facilities, through approved and executed operating agreements, for all facilities controlled and operated by a third party. TESTIMONY: None. 30 of 554 Book 98 / Page 187 10-18-2016 NEW BUSINESS (cont.) MUNICIPAL CODE 2016 (506-2-31) 21. Staff report seeking direction on amendments to Title 10 of the National City Municipal Code (continued). ACTION: Motion by Rios, seconded by Morrison, to approve staff recommendation. Carried by the following vote, to -wit: Ayes: Mendivil, Morrison, Rios. Nays: Cano. Abstain: None. Absent: Sotelo-Solis. HUMAN RESOURCES DEPT ADMIN (1104-1-2) 22. Staff report seeking City Council direction regarding administration of the City of National City's taxicab and other for -hire paratransit vehicle program. (Finance) RECOMMENDATION: Authorizing the City Manager to negotiate agreements regarding for -hire vehicle program administration with the San Diego Metropolitan Transit System and San Diego County Sheriff's Department and authorizing staff to prepare the necessary amendment to the National City Municipal Code. TESTIMONY: None. ACTION: Motion by Mendivil, seconded by Cano, to approve staff recommendation. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: None. Abstain: None. Absent: Sotelo-Solis. COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY NO AGENDA ITEMS STAFF REPORTS COUNCIL MEETINGS REGS / SCHEDULE JOINT (102-7-2) 23. Report on Joint Meeting/Workshop of the City of National City City Council and Planning Commission Scheduled for November 1, 2016 at 4:00 pm to provide a status report on the update of the Downtown Specific Plan. (Planning) Management Information Systems Manager Ron Williams reported that the City's new web page is now up and running. 31 of 554 Book 98 / Page 188 10-18-2016 MAYOR AND CITY COUNCIL Student Representative Jose Estrada invited everyone to attend Sweetwater High Schools 95th Homecoming Events on October 21 st City Treasurer Beauchamp reported that interviews were held for investment advisors and reminded everyone about the Salute to Navy Luncheon. Member Mendivil highlighted the great event sponsored by Harley Davidson to fight breast cancer; spoke in support of the Together We Can program and suggested getting progress reports. Member Rios requested that the State of The City address be kept free of political campaigning, reminded everyone about the prescription drug drop-off event conducted by the Police Department and welcomed interim and former City Attorney George Eiser. Member Cano extended a welcome to George Eiser and promoted the upcoming Health and Wellness Fair. Mayor Morrison complimented the Maytime Band Reviews return, provided an update on the condition and status of the Sweetwater Dam and listed the upcoming Homecoming Game, Navy Luncheon, Dia De Los Muertos and State of the City Address which he said would be as non -political as possible. CLOSED SESSION REPORT There was no Closed Session. ADJOURNMENT Motion by Cano, seconded by Mendivil, to adjourn the meeting to the an Adjourned Regular Meeting of the Community Development Commission — Housing Authority — Tuesday, October 25, 2016 — 5:00 p.m. — Council Chambers - National City, California. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: None. Abstain: None. Absent: Sotelo-Solis. Adjourned Regular Meeting of the City Council, meeting in Joint Session with the National City Planning Commission — Tuesday, November 1, 2016 — 4:00 p.m. — Council Chambers — National City, California. Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City — Tuesday — November 1, 2016 — 6:00 p.m. — Council Chambers — National City, California. 32 of 554 Book 98 / Page 189 10-18-2016 ADJOURNMENT (cont.) City Council and Community Development Commission - Housing Authority of the City of National City Meeting Schedule for the Period January 3, 2017 through January 17, 2017: January 03 - Dispense with Meeting - 6:00 pm January 17 - Regular Meeting - 6:00 pm pm The meeting closed at 8:46 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of November 1, 2016. Mayor 33 of 554 CC/CDC-HA Agenda 11 /1 /2016 — Page 33 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City 1) authorizing the acceptance of a grant award in the amount of $70,000 from the Office of Traffic Safety (OTS) for the Selective Traffic Enforcement Program (STEP) grant 2017 to conduct DUI and 34 of 554 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: 11/1/2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City 1) authorizing the acceptance of a grant award in the amount of $70,000 from the Office of Traffic Safety (OTS) for the Selective Traffic Enforcement Program (STEP) grant 2017 to conduct DUI and traffic related enforcement operations for the Police Department; 2) authorizing the Chief of Police to execute the Agreement of the award of the grant funds; and 3) authorizing the establishment of fund appropriations and a corresponding revenue budget. PREPARED BY: Jeffrey Meeks, Sergeant DEPARTMENT: Police PHONE: (619) 336-4446�� APPROVED EXPLANATION: On June 2nd, 2016 the National City Police Department was approved to receive $70,000 in grant funds from the Office of Traffic Safety (OTS). The grant was approved for a one year period beginning October 1st, 2016. This award is based upon a grant proposal submitted to the Office of Traffic Safety for the purpose of reducing the number of persons killed or injured in traffic collisions and alcohol involved collisions; to reduce fatal and injury hit 'rid run collisions; to reduce the amount of motorcyclists killed or injured; and to reduce fatal and injury collisions at intersections, where unsafe turning movements and unsafe speeds were a factor. The grant funds allocated to accomplish these goals will be used to fund overtime operations such as DUI/DL Checkpoints, DUI saturation patrols, and enforcement operations regarding speed, red light violators, distracted drivers and motorcycle safety enforcement within the city limits of the City of National City. There is also funding allowing for Traffic Safety presentations and purchase of learning materials. FINANCIAL STATEMENT: APPROVED: L—�/ Finance ACCOUNT NO. APPROVED: MIS 290-11658-3498 (Other Federal Grants) $70,000 290-411-658-1** (Overtime & related accounts) $70,000 No matching funds required. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: OTS Agreement 35 of 554 State of California — Office of Traffic Safety GRANT AGREEMENT - Page 1 OTS-38 (Rev. 4/16) GRANT NUMBER PT1779 I. GRANT TITLE SELECTIVE TRAFFIC ENFORCEMENT PROGRAII'I (STEP) 2. NAME OF AGENCY CITY OF NATIONAL CITY 4. GRANT PERIOD From: 10/1/16 To: 9/30/17 3. AGENCY UNIT TO ADMINISTER GRANT NATIONAL CITY POLICE 5. GRANT DESCRIPTION Best practice strategies will be conducted to reduce the number of persons killed and injured in traffic collisions involving impairment and other primary collision factors. The funded strategies may include enforcement operations focusing on impaired driving, distracted driving, nighttime seat belt use, motorcycle safety, and pedestrian and bicycle safety. Operations are conducted in areas with disproportionate numbers of traffic collisions. Other funded strategies may include public awareness, educational programs and training for law enforcement. 6. FEDERAL FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED: S 70,000.00 7. TERMS AND CONDITIONS: The parties agree to comply with the reference made a part of the Agreement: • Schedule A (OTS-38b) — Problem Statement, Goals and Objectives and Method of Procedure • Schedule B (OTS-38d) — Detailed Budget Estimate and Sub -Budget Estimate (if applicable) • Schedule B-1 (OTS-38f) — Budget Narrative and Sub - Budget Narrative (if applicable) *Items shown with an asterisk (*), are hereby incorporated by reference These documents can be viewed at the OTS home web page under We, the officials named below. hereby swear under penalty of perjury authorized to legally bind the Grant recipient to the above described IN WITNESS WHEREOF, this Agreement has been executed by terms and conditions of the • Exhibit A —Certifications • Exhibit B* - OTS Grant and made a part of this agreement Grants: www,ots.ca,etw. following which are by this and Assurances Program Manual as if attached hereto. of California that we are duly under the laws of the State Grant terms and conditions. the parties hereto. 8. APPROVAL SIGNATURES A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL OF AGENCY NAME: Jeffrey Meeks PHONE: (619) 336-4446 NAME: Manuel Rodriguez PHONE (619) 336-4510 TIrLE: Sergeant TrrLE: Chief of Police FAX: (619) 336-4454 FAX: (619) 336-4525 ADDRESS: 1200 National City Blvd ADDRESS: 1200 National City Boulevard National City, Ca 91950 National City, CA 91950 EMAIL: jmeeks@national tyca.gov 7�% //,/� E-1iAii-: mrod ' ez@nationnaaa1city�ca.g/ovv �f �i ' l �iJ � am' / r3 -3i-A. Signature) (Date) C. FISCAL OR ACCOUNTING OFFICIAL NAME: Arnold Ocana PIIONE: (619) 336-4342 TrrLa: Senior Accountant FAX: (619) 336-4597 ADDRESS: 1243 National City Boulevard National City, CA 91950 E-MAIL: aoea i , • ai, alcityca.gov _ a.ab 9 / 7 /,' y Signature) (Date) D. OFFICE MrrlloRIZEn To RE EWE PAYMENTS NAME: Finance Department, City of National ADnRrss: 1243 National City Boulevard National City, CA 91950 9. DUNS NUMBER Dubs #: 072494073 Reois&&REP 1243 National City Blvd ADDREn &zip: National City, CA 919501-4301 ;grrarrrrc) (pale) l 36 of 554 Page 2 (Office of Traffic Safety Use Only) EFFECTIVE DATE OF AGREEMENT: 10/1/2016 GRANTEE CITY OF NATIONAL CITY GRANT NO. PT1779 10. Fin Action No. 1 Date: 8/26/2016 Revision No. Date: 12. TYPE OF AGREEMENT' Initial PAID MEDIA PROGRAM INCOME XI Revision TASK NO. 1 Cont. II F.F.Y. 2 2017 11. Action Taken Initial approval of 2017 HSP funds obligated. 13. FUNDING DISPOSITION & STATUS Fiscal Year Amount 2016-17 70,000.00 2015-16 2014-15 2013-14 Obligated This Action Previously Obligated Total Amount Obligated Total 70,000.00 TOTAL FUNDS PROGRAMMED 70,000.00 0.00 70,000.00 70,000.00 14, FUNDING DETAIL - FISCAL YEAR GRANT PERIOD ENDING: 9/30/2017 FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES 164AL 20.608 0521-0890-101 (10/15) 2015 10/15 2015 $ 15,000.00 402PT 20.600 0521-0890-101 (10/15) 2015 10/15 2015 $ 20,000.00 164AL 20.608 0521-0890-101 (23/16) 2016 23/16 2016 $ 15,000.00 402PT 20.600 0521-0890-101 (23/16) 2016 23/16 2016 $ 20,000.00 - - - - - - $ - - - - - - - 5 - - - - - - - $ - - - - $ TOTAL FEDERAL FUNDS: 70,000.00 15. GRANT APPROVAL & AUTHORIZATION TO EXPEND OBLIGATED FUNDS A. APPROVAL RECOMMENDED BY B. AGREEMENT & FUNDING AUTHORIZED BY NAME: ADRIENNE TACKLEY TITLE: Program Coordinator PHONE: (916) 509-3013 E-MAIL: adrienne.tackley@ots_ca.gov Office of Traffic Safety 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 GL4)c)-ti Signature OTS-38a' (Rev. 01/16) NAME: RHONDA L. CRAFT TITLE: Director Signature Office of Traffic Safety Drive, Suite 300 A 9575 2 37 of 554 GRANTS MADE EASY - STEP NATIONAL CITY SCHEDULE A GRANT DESCRIPTION GRANT No. PT1779 PAGE 1 1. PROBLEM STATEMENT The National City Police Department has seen a dramatic increase in DUI related arrests. In 2013 there were 166 DUI related arrests. In 2014 the arrest rate rose to 209, an increase of 26%. I believe this is a direct correlation to the additional resources put on the street to enforce DUI laws. The resources include the DUI Checkpoints as well as the DUI saturation patrol. The OTS grant enabled the National City Police Depart to put additional officers on the street to combat the problem of DUI drivers. This resulted in the additional arrests of DUI drivers and enhanced the safety of the community. Since the OTS Grant PT1560 began in October 2014, officers from the National City Police Department have made over 22 DUI arrests during the roving DUI patrols as well as checkpoints. In addition the OTS grant targeting `Primary Collision Factors' or PCF as well as the Distracted Driver enforcement has led to a drastic decrease in collisions. Total collisions in 2013 were 367 and reduced to 301, an 18% decrease. I also believe this is in direct correlation to increased traffic enforcement as allowed by the OTS grant in order to place more police officers on the street looking for drivers who are distracted and driving negligent. It should be noted there were an additional 14 DUI arrest by officers conducting `PCF' enforcement. According the National City Police Department's Crime Analysis Unit there were 203 injury collisions in 2014 with 305 people being injured during those collisions. There were also three fatality collisions in 2014. Ofthe 203 injury collisions, 20 of the injury collisions were a result of DUI being the primary collision factor. This is 9.8% of the injury collisions were a result of DUI, which shows the need for increased DUI enforcement. This is increase of 1.2% increase from 2013. A. Traffic Data Summary: Collision Type 2013 2014 2015 Collisions Victims Collisions Victims Collisions Victims Fatal 2 2 3 4 0 0 Injury 254 266 203 305 52 64 Fatal Injury Killed Injured Fatal Injury Killed Injured Fatal Injury Killed Injured 7 Alcohol - Involved 0 5 0 5 0 5 0 5 0 7 0 Hit&Run 1 18 1 18 1 18 1 18 0 10 0 12 Nighttime (2100-0259 hours) 0 22 0 29 0 22 0 29 0 3 0 3 Top 3 Primary Collision Factors Fatal Injury Killed Injured #1- Turning Movements 0 21 0 32 #2 - Violations of Speeding Laws 0 21 0 35 #3 - DUI 1 19 2 27 OTS-38b (Rev. 4/16) 3 38 of 554 GRANTS MADE EASY - STEP NATIONAL CITY SCHEDULE A GRANT DESCRIPTION GRANT No. PT1779 PAGE 2 2. PERFORMANCE MEASURES A. Goals: 1) Reduce the number of persons killed in traffic collisions. 2) Reduce the number of persons injured in traffic collisions. 3) Reduce the number of persons killed in alcohol -involved collisions. 4) Reduce the number of persons injured in alcohol -involved collisions. 5) Reduce the number of persons killed in drug -involved collisions. 6) Reduce the number of persons injured in drug -involved collisions. 7) Reduce the number of persons killed in alcohol/drug combo -involved collisions. 8) Reduce the number of persons injured in alcohol/drug combo -involved collisions. 9) Reduce the number of motorcyclists killed in traffic collisions. 10) Reduce the number of motorcyclists injured in traffic collisions. 11) Reduce hit & run fatal collisions. 12) Reduce hit & run injury collisions. 13) Reduce nighttime (2100 - 0259 hours) fatal collisions. 14) Reduce nighttime (2100 - 0259 hours) injury collisions. 15) Reduce the number of bicyclists killed in traffic collisions. 16) Reduce the number of bicyclists injured in traffic collisions. 17) Reduce the number of pedestrians killed in traffic collisions. 18) Reduce the number of pedestrians injured in traffic collisions. B. Objectives: 1) Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information OTS-38b (Rev. 4/16) 39 of 554 GRANTS MADE EASY - STEP NATIONAL CITY SCHEDULE A GRANT DESCRIPTION GRANT No. PT1779 PAGE 3 Officer at pio(iots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. 2) Participate in the following campaigns: • National Walk to School Day — October 5, 2016 • National Teen Driver Safety Week — October 16-22, 2016 • NHTSA Winter Mobilization — December 16, 2016 to January 1, 2017 • National Distracted Driving Awareness Month — April 2017 • National Bicycle Safety Month — May 2017 • National Motorcycle Safety Month — May 2017 • National Click It or Ticket Mobilization — May 17-20, 2017 • NHTSA Summer Mobilization — August 19, 2017 to September 6, 2017 • National Child Passenger Safety Week — September 17-23, 2017 • California's Pedestrian Safety Month — September 2017 3) Develop (by December 31) and/or maintain a "HOT Sheet" program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated HOT sheets should be distributed to patrol and traffic officers monthly. 4) Send 2 law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hour) POST -certified training. 5) Send 2 law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST -certified training. 6) Send 1 law enforcement personnel to the Drug Recognition Expert (DRE) training. 7) Conduct 2 DUI/DL Checkpoints. Note: A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the NHTSA Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activityfor each checkpoint operation. For combination DUI/DL checkpoints, departments should issue press releases that mention DL 's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoint operations should read "DUI/Driver's License Checkpoint Ahead" OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre -approval will OTS fund checkpoint operations that begin prior to 1800 hours. 8) Conduct 37 DUI Saturation Patrol operation(s). 9) Conduct 50 Traffic enforcement operation(s), including but not limited to, primary collision factor violations. OTS-38b (Rev. 4/16) 5 40 of 554 GRANTS MADE EASY - STEP NATIONAL CITY SCHEDULE A GRANT DESCRIPTION GRANT No. PT1779 PAGE 4 10) Conduct 25 Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting. 11) Conduct 4 highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or collisions resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary collision factor violations by motorcyclists and other drivers. Note: It is recommended the grantee issue an advance press release and conduct social media activity prior to each operation to publicize and raise awareness about motorcycle safety issues. 12) Conduct 4 highly publicized Pedestrian and Bicycle enforcement operation(s) in areas of or during events with a high number of pedestrian and/or bicycle collisions resulting from violations made by pedestrians, bicyclists, and drivers. Note: It is recommended the grantee issue an advance press release and conduct social media activity prior to each operation to publicize and raise awareness about pedestrian and bicycle safety issues. 13) Conduct 4 Traffic Safety educational presentations with an effort to reach 100 community members. Note: Presentations may include topics such as distracted driving, DUI, speed, pedestrian and bicycle safety, seatbelts and child passenger safety. NOTE: Nothing in this "agreement" shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives hereunder. 3. METHOD of PROCEDURE A. Phase 1- Program Preparation. Training and Implementation (let Quarter of Grant Year) • The department should develop operational plans to implement the "best practice" strategies outlined in the objectives section. • All training should be conducted this quarter. • All grant -related purchases should be made this quarter. • In order to develop/maintain the "HOT Sheets," research will be conducted to identify the "worst -of - the -worst" repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The HOT Sheets may include the driver's name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. HOT Sheets should be updated and distributed to traffic and patrol officers at least monthly, • Implementation of the STEP grant activities will be accomplished by deploying personnel at high collision locations. OTS-3Sb (Rev. 4/16) 41 of 554 GRANTS MADE EASY - STEP NATIONAL CITY SCHEDULE A GRANT DESCRIPTION GRANT No. PT1779 PAGE 5 B. Phase 2 - Program Operations (Throughout Grant Year) • The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. Media Requirements • Submit all grant -related activity press releases, media advisories, alerts and general public materials to the OTS Public Information Officer (PIO) at pio(Nots.ca.gov, with a copy to your OTS Coordinator. a) If an OTS template -based press release is used, the OTS PIO and Coordinator should be copied when the release is distributed to the press. If an OTS template is not used, or is substantially changed, a draft press release shall be sent to the OTS PIO for approval. Optimum lead time would be 10-20 days prior to the release date to ensure adequate turn -around time. b) Press releases reporting the results of grant activities such as enforcement operations are exempt from the recommended advance approval process, but still should be copied to the OTS PIO and Coordinator when the release is distributed to the press. c) Activities such as warrant service operations and court stings that could be compromised by advanced publicity are exempt from pre -publicity, but are encouraged to offer embargoed media coverage and to report the results. • Use the following standard language in all press, media, and printed materials: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Email the OTS PIO at pio(th,ots.ca.gov and copy your OTS Coordinator at least 30 days in advance, a short description of any significant grant -related traffic safety event or program so OTS has sufficient notice to arrange for attendance and/or participation in the event. • Submit a draft or rough -cut of all printed or recorded material (brochures, posters, scripts, artwork, trailer graphics, etc.) to the OTS PIO at pio a,ots.ca.gov and copy your OTS Coordinator for approval 14 days prior to the production or duplication. • Include the OTS logo, space permitting, on grant -funded print materials; consult your OTS Coordinator for specifics. C. Phase 3 — Data Collection & Reporting (Throughout Grant Year) • Agencies are required to collect and report quarterly, appropriate data that supports the progress of goals and objectives. OTS-38b (Rev. 4/16) 7 42 of 554 GRANTS MADE EASY - STEP NATIONAL CITY SCHEDULE A GRANT DESCRIPTION GRANT No. PT1779 PAGE 6 • Statistical data relating to the grant goals and objectives will be collected, analyzed, and incorporated in Quarterly Performance Reports (QPRs). QPRs for the quarter ending September 30 will include year-to-date comparisons of goals and objectives. If required, a separate quarterly data reporting form will be completed each quarter and submitted as part of the QPR. • Reports will compare actual grant accomplishments with the planned accomplishments. They will include information concerning changes made by the Grant Director in planning and guiding the grant efforts. • Reports shall be completed and submitted in accordance with OTS requirements as specified in the Grant Program Manual. 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (QPR), The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. S. ADMINISTRATIVE SUPPORT This program has full support of the City of National City. Every effort will be made to continue the activities after the grant conclusion. OTS-38b (Rev. 4/16) 8 43 of 554 NATIONAL CITY POLICE SCHEDULE B DETAILED BUDGET ESTIMATE GRANT NO. PT1779 FUND NUMBER CATALOG NUMBER (CFDA) FUND DESCRIPTION TOTAL AMOUNT 164 AL 20.608 MINIMUM PENALTIES FOR REPEAT $ 30,000.00 OFFENDERS FOR DRIVING WHILE INTOXICATED 402 PT 20.600 STATE AND COMMUNITY HIGHWAY SAFETY $ 40,000.00 COST CATEGORY FISCAL YEAR ESTIMATES 10/1/16 thru 9/30/17 TOTAL COST TO GRANT A. PERSONNEL COSTS CFDA FY-1 Overtime 20.608 20.608 20.608 20.600 20.600 20.600 20.600 20.600 20.600 $ 12,000.00 $ 15,000.00 $ 3,000.00 $ 21,100.00 $ 9,000.00 $ 1,400.00 $ 1,400.00 $ 1,000.00 $ 3,800.00 $ 12,000.00 $ 15,000.00 $ 3,000.00 $ 21,100.00 $ 9,000.00 $ 1,400.00 $ 1,400.00 $ 1,000.00 $ 3,800.00 DUI Checkpoints DUI Saturation Patrols Benefits @ 11.18% Traffic Enforcement Operations Distracted Driving Operations Motorcycle Safety Enforcement Operations Bicycle/Pedestrian Enforcement Operations Traffic Safety Educational Presentations Benefits @ 11.18% Category Sub -Total $ 67,700.00 $ 67,700.00 B. TRAVEL EXPENSE In -State Out -of -State 20.600 $ 2,000.00 $ - $ 2,000.00 $ - Category Sub -Total $ 2,000.00 , $ 2,000.00 C. CONTRACTUAL SERVICES None Y $ - $ - Category Sub -Total $ - $ - D. EQUIPMENT None $ - $ - Category Sub -Total $ - $ - E. OTHER DIRECT COSTS Educational Materials 20.600 $ 300.00 $ 300.00 Category Sub -Total $ 300.00 $ 300.00 F. INDIRECT COSTS None $ - $ - Category Sub -Total $ - $ - GRANT TOTAL $ 70,000.00 $ 70,000.00 OTS-38d (Rev. 4/16) 44 of 554 SCHEDULE B-1 NATIONAL CITY POLICE GRANT NO. PT1779 BUDGET NARRATIVE Page 1 PERSONNEL COSTS Overtime Overtime for grant funded law enforcement operations may be conducted by personnel such as a Lieutenant, Sergeant, Corporal, Deputy, Officer, Reserve Officer, Community Services Officer, Dispatcher, etc., depending on the titles used by the agency and the grantees overtime policy. Personnel will be deployed as needed to accomplish the grant goals and objectives. Costs are estimated based on an overtime hourly rate range of $32,00/hour to $81.00/hour. Overtime reimbursement will reflect actual costs of the personnel conducting the appropriate operation up to the maximum range specified. Overtime Benefit Rates Medicare 1.45% Workers Compensation 9.73% TOTAL BENEFIT RATE 11.18% TRAVEL EXPENSE In -State Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. All conferences, seminars or training not specifically identified in the Schedule B-1 (Budget Narrative) must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. Out -Of -State None CONTRACTUAL SERVICES None EQUIPMENT None OTHER DIRECT COSTS Educational Materials — costs of purchasing, developing or printing brochures, pamphlets, fliers, coloring books, posters, signs, and banners associated with grant activities, and traffic safety conference and training materials. Items shall include a traffic safety message and if space is available the OTS logo. Additional items may be purchased if approved by OTS. INDIRECT COSTS None PROGRAM INCOME There will be no program income generated from this grant. OTS-38f (Rev. 4/16) 45 of 554 ExIIIBIT A CERTIFICATIONS AND ASSURANCES Page 1 Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee Agency officials to civil or criminal penalties and/or place the State in a high risk grantee status in accordance with 49 CFR §18.12. The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following: • 23 U.S.C. Chapter 4--Highway Safety Act of 1966, as amended • 49 CFR Part 18—Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments • 23 CFR Part 1200--Uniform Procedures for State Highway Safety Grant Programs NONDISCRIMINATION The Grantee Agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88- 352), which prohibits discrimination on the basis of race, color or national origin (and 49 CFR Part 21); (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (Pub. L. 101-336), as amended (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (e) the Civil Rights Restoration Act of 1987 (Pub. L. 100-259), which requires Federal -aid recipients and all sub -recipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities; (f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pub. L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.c. 290dd-3 and 290ee-3), relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.), relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (k) the requirements of any other nondiscrimination statute(s) which may apply to the application. Certifications and Assurances (Rev. 5/16) 11 46 of 554 EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 2 BUY AMERICA ACT The Grantee Agency will comply with the provisions of the Buy America Act (49 U.S.C. 5323(j)), which contains the following requirements: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non -domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. POLITICAL ACTIVITY (HATCH ACT) The Grantee Agency will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508) which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub -award at all tiers (including subcontracts, sub -grants, and contracts under grant, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Certifications and Assurances (Rev. 5/16) I 2- 47 of 554 EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 3 RESTRICTION ON STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION Instructions for Primary Certification ]. By signing and submitting this grant agreement, the Grantee Agency Official is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the Grantee Agency Official to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the Grantee Agency Official knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The Grant Agency Official shall provide immediate written notice to the department or agency to which this grant agreement is submitted if at any time the Grantee Agency Official learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, grant agreement, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and coverage sections of 49 CFR Part 29. You may contact the department or agency to which this grant agreement is being submitted for assistance in obtaining a copy of those regulations. 6. The Grantee Agency Official agrees by submitting this grant agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. Certifications and Assurances (Rev. 5I16) 13 48 of 554 EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 4 7. The Grantee Agency Official further agrees by submitting this grant agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the list of Parties Excluded from Federal Procurement and Non -procurement Programs. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions (1) The Grantee Agency Official certifies to the best of its knowledge and belief, that its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b) Have not within a three-year period preceding this grant agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of record, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/grant agreement had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the Grantee Agency Official is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this grant agreement. Certifications and Assurances (Rev. 5/16) 49 of 554 EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 5 Instructions for Lower Tier Certification 1. By signing and submitting this grant agreement, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this grant agreement is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, grant agreement, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this grant agreement is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this grant agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this grant agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (See below) 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Certifications and Assurances (Rev. 5/16) 15 50 of 554 ExH113IT A CERTIFICATIONS AND ASSURANCES 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered age 6 transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9,4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this grant agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this grant agreement. Certifications and Assurances (Rev. 5/16) ilo 51 of 554 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF A GRANT AWARD IN THE AMOUNT OF $70,000 FROM THE OFFICE OF TRAFFIC SAFETY FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT 2017 FOR THE POLICE DEPARTMENT TO CONDUCT DUI AND TRAFFIC RELATED ENFORCEMENT OPERATIONS, AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE AGREEMENT OF THE AWARD OF THE GRANT FUNDS, AND AUTHORIZING THE ESTABLISHMENT OF FUND APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET WHEREAS, on June 2, 2016, the National City Police Department was approved to receive $70,000 in Selective Traffic Enforcement Program ("STEP") Grant funds from the Office of Traffic Safety ("OTS"), which was approved for a one-year period beginning October 1, 2016; and WHEREAS, the grant award is based upon a grant proposal submitted to the Office of Traffic Safety for the purpose of reducing the number of persons killed or injured in traffic collisions and alcohol involved collisions, to reduce fatal and injury hit and run collisions, to reduce the amount of motorcyclists killed or injured, and to reduce fatal and injury collisions at intersections where unsafe turning movements and unsafe speeds were a factor; and WHEREAS, the grant funds allocated to accomplish these goals will be used to fund overtime operations, such as DUI/DL Checkpoints, DUI saturation patrols; enforcement operations regarding speed, red light violators, distracted drivers and motorcycle safety enforcement within the city limits of the City of National City, and to fund Traffic Safety presentations and the purchase of learning materials. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the acceptance of a grant award in the amount of $70,000 from the Office of Traffic Safety ("OTS") for the Selective Traffic Enforcement Program ("STEP") grant 2017 to conduct DUI and traffic related enforcement operations for the Police Department. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Chief of Police to execute the Grant Agreement for the award of the grant funds. BE IT FURTHER RESOLVED that the City Council hereby authorizes the establishment of fund appropriations and a corresponding revenue budget in the amount of $70,000. PASSED and ADOPTED this 1st day of November, 2016. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III Interim City Attorney 52 of 554 CC/CDC-HA Agenda 11 /1 /2016 — Page 52 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 enter into an agreement with the Coast Community College District (Golden West College) to provide training services. The training program to be provided is the Public S 53 of 554 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 1, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to enter into an agreement with the Coast Community College District (Golden West College) to provide training services. The training program to be provided is the Public Safety Dispatch Supervisor Course. The cost of the training will be $ 395.00 per student for up to four students for a total cost of $1,580.00 for an 80 hour course. PREPARED BY: Greg Seward, Lieutenant DEPARTMENT: Police PHONE: (619) 336-4538 APPROVED BY: EXPLANATION: The National City Police Department is required by Police Officer Standards and Training (P..E' .S.T.) guidelines to send Dispatch Supervisors to an 80 hour Public Safety Dispatch Supervisors Course. The nearest P.O.S.T approved course is at Golden West College in Costa Mesa. The college requires a standard agreement be signed for personnel to attend their Public Safety Dispatch Supervisor Course. The reason for council approval is due to an indemnification clause in the agreement required by the college. 4 • FINANCIAL STATEMENT: APPROVED: ;G{,,.�q�i ACCOUNT NO. APPROVED: 001-411-136-226-0000 P.O.S.T Reimbursable Training, Travel & Subsistence - up to $1,580.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Agreement between the City of National City and the Coast Community College District 54 of 554 COAST COMMUNITY COLLEGE DISTRICT Agreement for Contracted Education Services This Agreement for Contracted Education Services ("AGREEMENT") is entered into as indicated on the signature lines below, by and between the COAST COMMUNITY COLLEGE DISTRICT (Golden West College), 1370 Adams Avenue, Costa Mesa, CA 92626, hereinafter, "DISTRICT", and the CITY OF NATIONAL CITY hereinafter, "AGENCY". DISTRICT and AGENCY are referred to herein individually as "PARTY" and collectively as "PARTIES." WHEREAS, DISTRICT is authorized by Section 55170 of Title 5 of the California Code of Regulations and Section 78021 of the California Education Code to conduct Contract Training and Consultation Services to serve community needs; and WHEREAS, AGENCY desires to contract with the DISTRICT for Training and/or training services as identified herein. DISTRICT and AGENCY agree as follows: 1. The term of this AGREEMENT shall be from October 12, 2016 through June 30, 2019 , inclusive. 2. The training program to be offered is Public Safety Dispatcher, Supervisory Course. 3. A COPY of the flyer is attached. The program should have a total of 80 hours of training and/or training will be provided to a maximum of 35 participants. DISTRICT may offer up to one programs of Training during the term of this •agreement. 3. The services will be conducted at: Golden West College Criminal Justice Training Center 4. Participants successfully completing the program will receive 0 units of college credit in accordance with policies of the DISTRICT Board of Trustees. 5. AGENCY agrees to pay the DISTRICT the sum of Three hundred and Ninety Five Dollars per participant for training services and instructional material provided under this agreement. AGENCY agrees that DISTRICT may, from time to time, during the term of this agreement, amend the per participant rate for training services and instructional material. During the course of the AGREEMENT, AGENCY may request additional classes by contacting the DISTRICT administrative liaison (designated in paragraph number seven). 6. AGENCY shall pay for each program participant's participation in the training prior to such training commencing, and regardless of whether such participants complete the full program. AGENCY shall pay by agency check or credit card. Payment can be submitted prior to the start of the class but no later than the first day of instruction. 7. DISTRICT and AGENCY will provide an administrative liaison to the other in IRV #4830-9348-2499 vl 55 of 554 the performance of this AGREEMENT. The administrative contact for DISTRICT will be Suzanne Rosas, Program Coordinator , ( 714) 895-8925 . The administrative contact for AGENCY will. The administrative contact for AGENCY will be Nancy Nagle at (619) 336-4488. 8. The PARTIES agree that they will not unlawfully discriminate in the selection of any participant to receive training pursuant to this AGREEMENT because of that participant's race, creed, national origin, religion, sex, sexual preference, marital status, age, disability, veteran status, genetic information, and/ or medical condition. 9. AGENCY will make whatever special arrangement is necessary to account for participant/employee time spent in Training should AGENCY policy require more than a noticed review of DISTRICT attendance records. 10. AGENCY agrees to indemnify, defend, and hold harmless DISTRICT, its trustees, agents, and employees from any damages or claims resulting from acts or omissions of AGENCY, its agents, or employees. DISTRICT agrees to indemnify, defend, and hold harmless AGENCY, its agents, and employees from any damages or claims resulting from acts of omissions of DISTRICT, its agents, or employees. 11. Entire Agreement. This AGREEMENT supersedes all prior agreements, either oral or written between the PARTIES with respect to the subject of this AGREEMENT. Each party to this AGREEMENT acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party which is not embodied herein. All amendments or modifications to this AGREEMENT shall be in writing and signed by both PARTIES before such shall take effect. 12. The DISTRICT personnel assigned to develop coordinate, and conduct the education and/or service(s) provided for herein, will be certified in accordance with the standards on file with DISTRICT and/or by documented experience and credentials is acceptable to AGENCY. 13. AGENCY shall, no less than forty-eight hours in advance, communicate with the assigned DISTRICT administrator any changes to the scheduled time, location or scope of the educational services agreed upon by AGENCY and DISTRICT. 14. All notices or communication required or permitted to be given hereunder shall be in writing and served personally, delivered by courier or sent by United States certified mail, postage prepaid with return receipt, addressed to the other party as follows: To Campus: IRV #4830-9348-2499 vl 56 of 554 With a copy to: To AGENCY: Suzanne Rosas/Criminal Justice Training Center Golden West College 15744 Goldenwest Street Huntington Beach CA, 92647-0748 Coast Community College District 1370 Adams Avenue Costa Mesa, CA 92626 Attn: Risk Services Manuel Rodriguez, Chief of Police NATIONAL CITY POLICE DEPARTMENT 1200 National City Blvd. National City, CA 91950 and/or such other persons or places as either of the PARTIES may hereafter designate in writing. All such notices personally served delivered by courier shall be effective when received. All notices sent by certified mail shall be effective forty-eight hours after deposit in the mail. 15. Each individual executing this AGREEMENT on behalf of the PARTIES represent and warrant that he/she is duly authorized to execute this AGREEMENT on behalf of their respective party and that this AGREEMENT is binding thereto. AGENCY COAST COMMUNITY COLLEGE DISTRICT Signature Ron Morrison Typed Name Mayor Signature Chancellor, or President, Board of Trustees Date Date IRV ##4830-9348-2499 vl 57 of 554 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR CONTRACTED EDUCATIONAL SERVICES WITH THE COAST COMMUNITY COLLEGE DISTRICT (GOLDEN WEST COLLEGE) FOR UP TO FOUR (4) POLICE PERSONNEL TO ATTEND AN 80-HOUR PUBLIC SAFETY DISPATCH SUPERVISOR TRAINING COURSE AT A COST OF $395.00 PER STUDENT, FOR A TOTAL COST OF $1,580.00 WHEREAS, the National City Police Department is required by Police Officer Standards and Training (P.O.S.T.) guidelines to send Dispatch Supervisors to an 80-hour Public Safety Dispatch Supervisors Course; and WHEREAS, the nearest P.O.S.T approved course is at Golden West College in Costa Mesa; and WHEREAS, the College requires the City to execute their standard agreement for up to four (4) Police personnel to attend an 80-hour Public Safety Dispatch Supervisor Course at a cost of $395.00 per student, a total cost of $1,580.00. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement for Contracted Education Services with the Coast Community College District (Golden West College) for up to four (4) Police personnel to attend an 80-hour Public Safety Dispatch Supervisor Course at a cost of $395.00 per student, a total cost of $1,580.00. PASSED and ADOPTED this 1st day of November, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 58 of 554 CC/CDC-HA Agenda 11 /1 /2016 — Page 58 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City waiving the formal bid process consistent with National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City (Buyer) to piggyback the City of Encinitas R 59 of 554 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 1, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City waiving the formal bid process consistent with National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City (Buyer) to piggyback the City of Encinitas RFP Contract #2012-01 for Urban Forestry Maintenance Services to execute an Agreement with West Coast Arborists, inc. (WCA) for tree trimming services in an amount not to exceed $90,000. PREPARED BY: Ray Roberson, Management Analyst II PHONE. (619) 336-4583 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Funds available in account #105-416-227-299-0000 through prior City Council appropriations. ENVIRONMENTAL REVIEW: N/A Finance MIS ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution authorizing the City (Buyer) to piggyback the City of Encinitas RFP Contract #2012-01 to execute an Agreement with West Coast Arborists, Inc. (WCA) for tree trimming services in an amount not to exceed $90,000. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. City of Encinitas City RFP Contract #2012-01; Contract Extension; and Contract Amendment 3. Service Agreement 4. Resolution 60 of 554 EXPLANATION In 2015, the City contracted with West Coast Arborist, Inc. (WCA), a highly qualified and reputable firm in the field of urban forestry, to assist with a backlog in work order requests for tree trimming services. The City and WCA formed a strong working partnership and WCA did an outstanding job in assisting the City's Park Maintenance staff with reducing the tree trimming work order backlog. In order to continue making progress on the tree trimming backlog, staff recommends entering into a new agreement with WCA. Nationai City Municipal Code Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase. National City's Purchasing staff has confirmed that the City of Encinitas Request for Proposals (RFP) Contract #2012-01 Urban Forestry Maintenance Services with WCA was competitively bid through an RFP process, and that the City of Encinitas' procurement procedures are in substantial compliance with those of National City. On October 16, 2012, the City of Encinitas entered into a three year agreement with WCA for Urban Forest Maintenance Services. On July 23, 2015 the City of Encinitas extended the contract with WCA through October 16, 2017. On June 15, 2016, the contract was amended to adopt newly implemented Department of Industrial Relations prevailing wage requirements. Therefore, staff requests that City Council waive the formal bid process consistent with National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorize the City (Buyer) to piggyback the City of Encinitas RFP Contract #2012-01 for Urban Forestry Maintenance Services to execute an Agreement with WCA for tree trimming services in an amount not to exceed $90,000. Services would be provided through June 30, 2017. Funds are available in the Parks Maintenance & Operations Contract Services account through adoption of the FY 2017 budget. 61 of 554 CITY OF ENCINITAS AGREEMENT TO PROVIDE SERVICES THIS AGREEMENT is made and entered into as of the date of execution by the City of Encinitas, a municipal corporation, hereinafter referred to as "CITY", and West Coast Arborists, Inc., hereinafter referrod to as "PROVIDER". RECITALS The CITY requires professional assistance to provide the following services: URBAN FORESTRY MAINTENANCE SERVICES. PROVIDER represents itself as possessing the necessary skills and qualifications to provide the services required by the CITY; NOW THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the CITY and PROVIDER agree as follows: 1,0 CONTRACT D 0 CUMENTS 1.1 The complete Contract/Agreement includes all Contract Documents, to wit: the Notice requesting Proposal, the Request For Proposals (RFP), the PROVIDER'S Proposal and documents executed therewith, including the Workers' Compensation Certificate, the bonds executed in connection herewith, Addenda, insurance certificates and endorsements and all official papers and documents relating to the Work to be performed hereunder, the Scope of Work and all modifications incorporated in these documents before their execution. These documents shall be deemed and considered as forming a part of this ContractlAgreement as fully set forth herein and whether or not attached hereto. Any and all obligations of CITY AND PROVIDER are fully set forth and descried herein, 2.0 TERM OF AGREEMENT 2.1 Term. The term of The AGREEMENT is for a period of three (3) years, commencing on the Execution Date, and terminating three (3) calendar years thereafter ("Termination Date"), unless terminated earlier as set forth herein, or extended pursuant to Section 2.2 below. 2.2' Options to Extend, Provided that the CITY is satisfied with PROVIDER'S performance under this AGREEMENT and PROVIDER is in full compliance with the tennis and conditions of this AGREEMENT, the City shall have, in its sole and complete discretion, one (1) option to extend the terms of this AGREEMENT for a two (2) year period, following the Termination Date on the same terms and conditions set forth in this AGREEMENT, which may be exercised by the CONTRACT OFFICER and executed by the CITY MANAGER and the PROVIDER prior to the expiration of the AGREEMENT, The total contract term may not exceed five (5) years. 2.3 Contract Price. PROVIDER agrees riot to raise prices for the f r st two (2) years of the original term. Thereafter, the PROVIDER may request in writing no later than June 1, a unit price increase not to exceed the current San Diego Area Consumers Price Index or 2.5% whichever is greater. All price increases shall take effect July 1 of each year. Urban Forestry Maintenance Services RFP No. 2012-01 1 October 4, 2012 ORIGINAL CONTRACT 62 of 554 CITY OF ENCINITAS AGREEMENT TO PROVIDE SERVICES 3.0 PROVIDER'S OBLIGATIONS (ATTACHMENT Al 3.1 PROVIDER shall provide the CITY with services described in ATTACHMENT A, which is attached hereto, and incorporated herein as though fully set forth at length, collectively hereinafter referred to as "SCOPE OF WORK." 3.2 PROVER shall perfoinn all work required to accomplish the "SCOPE OF WORK" in conformity with the applicable requirements of law: Federal, State and Local. 3,3 PROVIDER is hired to render the "SCOPE OF WORK" and any payments made to PROVIDER are compensation fully for such services. 3.4 PROVIDER shall maintain professional certifications as required in order to properly comply with all City, State, and Federal law, 4.0 PAYMENT FOR SERVICES (ATTACHMENT B1 Payment to PROVIDER to render the SCOPE OF WORK hereunder shall be as set forth in ATTACHMENT B, which is attached hereto and incorporated herein as though fully set forth at length. 5.0 LISTING OF SUBCONTRACTORS (ATTACHMENT C) 5.1 If PROVIDER subcontracts for any of the work to be performed under this AGREEMENT, PROVIDER shall be as fully responsible to the CITY for the acts and omissions. This includes, but is not limited to PROVIDER'S subcontractors and persons either directly or indirectly employed by the subcontractors, as PROVIDER is for the acts and omissions of persons directly employed by PROVIDER. Nothing contained in the AGREEMENT shall create any contractual relationship between any subcontractor of PROVIDER and the CITY. PROVIDER shall bind every subcontractor to the terms of the AGREEMENT applicable to PROVIDER'S work unless specifically noted to the contrary in the subcontract in question and approved in writing by the CITY. 5.2 The name and location of the place of business of each subcontractor who will perform work or labor or render service to the PROVIDER in performing this AGREENENT are contained in Attachment "C" which is attached hereto and incorporated herein as though fully set forth at length. 6.0 EXTRA WORK PROVIDER shall not perform work in excess of the "SCOPE OF WORK" without the prior, written approval of the CITY. All requests for extra work shall be in writing and submitted to the CITY for approval prior to the commencement of such work. Urban Forestry Maintenance Services 2 October 4, 2012 RF? No. 2012.01 63 of 554 CITY OF ENCINITAS AGREEMENT TO PROVIDE SERVICES 7.0 VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent or employee of the CITY, either before, during or after the execution of this AGREEMENT, shall effect or modify any of the terms or obligations herein contained nor ;hall such verbal agreement or conversation entitle PROVIDER to any additional payment whatsoever. 8.0 TERMINATION OF AGREEMENT 8,1 In the event of PROVIDER'S failure to prosecute, deliver, or perform the "SCOPE OF WORK," the CITY may terminate this AGREEMENT by notifying PROVIDER by certified mail of said termination, 'Thereupon, PROVIDER shall cease work immediately and within five (5) working days: (1) assemble all documents owned by the CITY and in PROVIDER'S possession and deliver said documents to the CITY and (2) place all work in progress in a safe and protected condition, The City Manager of the CITY shall make a determination of the percentage of work, which PROVIDER has performed, which is usable and of worth to the CITY. Based upon that finding, the City shall determine any final payment due to PROVIDER. 8.2 This AGREEMENT may be terminated for convenience by either party in its absolute and sole discretion, without cause, upon the giving of thirty (30) days written notice to the other party. Prior to the 30th day following the giving of the notice, the PROVIDER shall- (1) assemble the completed work product to date, and place it in order for proper filing and closing, and deliver the document to the CITY; and (2) place all work -in -progress in a safe and protected condition. The City Manager shall make the determination of the percentage of work, which PROVIDER has performed, which is usable and of worth to the CITY. Based upon that finding, the City shall determine any final payment due to PROVIDER. 9.0 COVENANTS AGAINST CONTINGENT FEES PROVIDER warrants that it has not employed or retained any company or person, other than a bona fide employee working for PROVIDER, to solicit or secure thin AGREEMENT. PROVIDER has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other considene6on contingent upon, or resulting from, the award or making of this AGREEMENT. For breach or violation of this warranty, the CFFY shall have the right to terminate this AGREEMENT without liability or, at the ENCLOSED discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 10.0 OWNERSII OF DOCUMENTS 10.1 All plans, studies, sketches, drawings, reports and specifications as herein required are the property of the CITY, whether or not the CITY proceeds with the project for which such documents are prepared. 10.2 • If the CITY reuses these documents for any reason other than for the project for which they are prepared, without PROVIDER'S prior written authorization, which shall not be Urban Forestry Maintenance Services 3 October 4, 2012 RFP No, 2012-01 64 of 554 CITY OF ENCINITAS AGREEMENT TO PROVIDE SERVICES unreasonably withheld, the CITY waives any claim against PROVIDER for such unauthorized use. The waiver will indemnify and hold PROVIDER harmless from any claim or liability for injury or loss allegedly arising from the ENCLOSED unauthorized use of such documents. 11.0 STATUS OF PROVIDER PROVIDER shall perform the services provided for herein in a manner of PROVIDER'S own choice, as an independent contractor and in pursuit of PROVIDER'S independent calling, and not as an empinyee of the CITY. PROVIDER shall be under control of the CITY only as to the result to be accomplished and the personnel assigned to the project. However, PROVIDER shall confer with CITY, 12.0 ASSIGNMENT OF CONTRACT PROVIDER is without right to and shall not assign this AGR B BNT or any part thereof or any monies due hereunder without the prior express written consent of the CITY. 13.0 HOLD HARMLESS 13.1 PROVIDER agrees to indemnify and hold the CITY and its elected officials, officers, employees and agents harmless from, and against any and all liabilities, claims, demands, causes of action, losses, damages and costs. Including all costs of defense thereof, arising out of, or in any manner connected directly or indirectly with, any acts or omissions of PROVIDER or PROVIDER'S agents, employees, subcontractors, officials, officers or representatives. PROVIDER'S obligation herein includes, but is not limited to, alleged defects in the services delivered by PROVIDER. Upon demand, PROVIDER shall, at its own expense, defend CITY and its elected officials, officers, employees and agents, from and against any and all such liabilities; claims, demands, causes of action,ln"'Q, damages and costs. 13.2 PROVIDER'S obligation herein does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of the City's intentional wrongful acts, violations of law, or the City's sole active negligence. 14.0 INSURANCE 14.1 PROVIDER shall obtain, and during the tern of this AGREEMENT shall maintain, policies of liability, automobile liability, public liability, general Liability and property damage insurance from an insurance company authorized to be in business in the State of California. The insurable amount shall not be leas than one million dollars ($1,000,000) for each occurrence. The insurance policies shall provide that the policies shall remain in full force during the life of this AGRI.EM1T and shah not be cancelled, terminated, or allowed to expire without thirty 30) days prior written notice to the CITY from the insurance company. 14.2 The CITY shall be named as an additional insured on these policies. Urban Forestry Maintenance Services d October 4, 21)12 RFP No. 2012-01 65 of 554 CITY OF ENCINITAS AGREEMENT TO PROVIDE SERVICES 14.3 Before PROVIDER shall employ any person or persons in the performance of the AGIEMENTT, PROVIDER shall procure a policy of Workers' Compensation Insurance as required by the Labor Code of the State of California. 14.4 PROVIDER shall furnish certificates of said insurance to the CITY prior to commencement of work under this AGREEMENT. 15,0 DISPUTES 15.1 If a dispute should arise regarding the performance of this AGREEMENT, the following procedures shall be used to address any question of fact or inteipretatien not otherwise settled by agreement between the parties. Such questions, if they become identified as part of a dispute between persons operating under the provisions of the AGREEMENT, shall be reduced to writing by the complaining party. A copy of such documented dispute shall be forwarded to the other party involved along with recommend methods of resolution. The party receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days of receipt of the letter. 15,2 If the dispute is not resolved, the aggrieved party sh0l send to the Enclosed City Manager a letter outlining the dispute for Manager's resolution. 15.3 If the dispute remains unresolved and the parties have exhausted th.e procedures of this section, the parties may then seek remedies available to them at law. 16.4 NOTICES 16. I Any notices to be given under this AGREEMENT, or otherwise, shall be served by certified mail. 16.2 For the purposes hereof, unless otherwise provided in writing by the parties hereto, the address of CITY and the proper person to receive any notice on the Enclosed behalf is: City of Encinitas Mark Hosford, Suet Division Superintendent 160 Calle Magdalena Encinitas, CA 92024 16,3 For the purposes hereof, unless otherwise provided in writing by the parties hereto, the address of PROVIDER and the proper person to receive any notice on the PROV 13R S behalf is: 'Rent roast Arbrrigt;, Tun. . t,r.tn= Patrick Mahoney 2200 E. Via Burton fit. Anaheim, CA 92806 Urban Forestry Maintenance Services 5 RFP No. 2012-01 October 4, 2012 66 of 554 CITY OF F�NCiN'ITAS AGREEMENT TO PROVIDE SERVICES 17.0 PROVIDEWS CERTIFICATION QF A,W , l S 41F IMMIGRATION EEQR.M AND COBOL ACt.OF 1986 PROVIDER certifies that PROVIDER is mare of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements. This is including but not limited, to verifying the eligibility for employment of all agents, employees, subcontractor and consultants that are included in this AGREEMENT, PROVIDER: West Coast Arbarist, In PrpftdPnt (Title) APPRO a ''O FORM Ol;. F, .:i. City Attorney Date Urban Forestry Maintenance Services RF? No. 201241 CITY: City of Encinitas by (Signature) City Mana r (Title) ate October 4, 2012 67 of 554 Scope of Work Attachment A Project Requirements The requirement of this Contract Is to provide professional Urban Forestry Maintenance Services for planting, pruning, trimming, staking, raising, removal, disposal, stump grinding and chipping, inventorying, documenting and all other services required to maintain the City of Encinitas' trees in a safe, attractive and overall healthy condition. The City proposes to enter into a Contract with a qualified Contractor who is proactive in their work and can meet the requirements set forth In this proposal package. The Contractor will be required to perform and complete the proposed Urban Forestry Maintenance Servlcco in a thorough and professional manner, and to provide all labor, tools, equipment, materials and supplies necessary to complete the work according to generally accepted International Society of Arboriculture (ISA) practices and standards, and in a timely manner that will meat the City's requirements. The successful proposer will be required to comply with all current prevailing wage requirements as set forth in the Labor Code administered by the Department of industrial Relations. There are two main program goats. First, the City requires an update to the current tree Inventory and database, which includes updating and maintaining records throughout the term of the Contract. Second, the City requires an annual tree maintenance program to support and develop its Urban Forest. The following requirements are meant to meet these goals. 1. Tree Inventory A. Upon Contract award, the successful Proposer shall be required to provide a complete' update of the City's tree inventory at no additional cost to the City and submit the completed Inventory to the City within ninety (9D) days of the Contract award. The Contractor shall provide, at no additional cost to the City, software support to the City for the entire term of the Contract. The Contractor shall provide the City with recommendations for tree maintenance, recommended planting locations, and recommended removals. Failure to meat and maintain the requirements for the computerized tree Inventory system shall be grounds for Immediate termination of the Contract. 1) Tree Software Program The Contractor shall operate and maintain, at no additional Lost to the City, an computerized Internet based urban forestry management program that includes, but is not limited to, municipal tree inventory, ability to send online work requests for services, work order tracking, work histories and The ability try update site specific tree data and work records, invoices tracking and job balances, reports, value of the urban forest, GPS accessibility, and various other computer information management system tools. 2) Record Keeping The Contractor will provide, at no additional cost to the City, access to u record keeping system consisting of a password protected Internet -driven tracking program and Internet - based software program that allows the City to maintain information about its tree Urban Forestry Maintenance Services 1 October 4, 2012 RFP No. 2012-01 68 of 554 Scope of Work Attachment A population, including the description of each tree by species, height, diameter, work history, and tree and planting site location. The program shall have the capability to produce detailed listings of trees and eke information, work histories, service requests, summary reports and pictures of City tree species_ 3) GPS Since the City of Encinitas already has a tree inventory in GIS, the City's GIS Division will provide the current tree inventory feature class (SQL table) to the contractor es a starting point. This includes but is not limited to all publicly owned trees on street rights -of -way, parks and open spaces such as medians, greenscapes, eto. The contractor shall then track the maintenance and characteristic Information of the trees In the GIty of Encinitas' tree Inventory feature class in ArcGIS version 10. Or, the contractor shall Incorporate the City's tree inventory FacilitylD field into their own database, and include x and y (lat/long) fields necessary to map the trees in GIS. For on -going data maintenance, when a new tree Is planted, the new tree site will be added as a record to the tree inventory, and will include the latitude/iongltude coordinates (collected by the contractor using a Global Positioning System (GPS) device with minimum sub -meter eocuracy). Lat/long coordinates shall be included at the time a new record Is added, and will not be input at a later date through a bulk update process. Trees that are removed will not be deleted from the tree Inventory, but will be coded as 'vacant. At required intervals, the contractor shall provide an ArcGIS version 10 file or personal geodatabase containing the updated tree feature class, which will be reconciled with the City GIS tree inventory. Or, the contractor may provide an Excel spreadsheet or Access database table containing updated information that can be)oined to the City's GIS tree inventory based on FacllltvI D. if the contractor provides their own updated tve Inventory database to the City, there will be a one-time requirement to provide a data dictionary of fields containing tree maintenance and tree characteristic information that corresponds to similar fields In the City's GIS tree inventory, so that the City is confident that accurate data synchronization/updating can occur. S. Experience The Contractor shall have ate minimum live (5) years experience in collecting tree inventories and developing inventory databases, Including an extensive program that simplifies the management of the City's Urban Forest. The Contractor shall have developed a complete and comprehensive computer software program in at least five (5) California cities. The program should have epeclalized reports designed specifically for City representatives' needs. The program should be developed based on the needs of the City and allow the City to modify and structure the program to address Its specific needs. The user-friendly program should allow customers to generate a variety of reports quickly. Urban Forestry Maintenance Services 2 October 4, 2012 RFP No. 2012-01 69 of 554 Scope of Work Attachment A C. Training and Support The Contractor shall provide, at no additional cost In the City, training and support on the software system they provide for the entire term of the contract. Contractor shall provide baining to designated City staff during the hours of 7:00 A.M. to 4:30 P.M. Monday through Thursday. The Contractor shall be readily available by telephone or e-mail and shall respond to the City's Inquiries In a timely manner. 2. Annual Maintenance Program A. Public Relations The Contractor shall endeavor to maintain good public relations at all times with the public. All work shall be conducted In a manner which wail cause the least possible interference with or annoyance to, the public. B. Work Schedule Upon Contract award, the successfuE proposer shall be required to submit a work schedule based on the City's annual pruning requirements which is a systematic tree pruning program composed of existing gild or per -designed districts that are pruned in their entirety on a set schedule; removal & replacement programs which consist of removing frees designated by the City and replanting appropriate trees as replacements; and planting new appropriate trees is areas where trees do not currently exists. The proposal shall include a recommended annual work plan, daily work schedules, and personnel and vehicles that would be required to complete the annual maintenance program. Depending on the CIty's current and future program needs the scheduled work may require multiple crews to perform concurrently within the same time constraints. The Contractor is also required to provide service for trees prior to their regular and scheduled trim cycle in order to correct an immediate problem or concern 4.10 determined by the City's Designated Representative. Such request(e) shall . be addressed and work completed within two (2) weeks of notice by the City. C. Work Hours and City Notification The Contractor's working hours, for normal work, shall be iimited to the hours between 7:00 AM and 4:30 PM Monday through Friday, excluding recognized holidays. Deviation from normal working hours will not be allowed without prior authorization from the City's designated representative. The Contractor shall notify the City's Designated Representative no later than 8:00a,m. each morning thoy am working in the City, The notification shall include what work is being done and where, the name of the onsite supervisor and his or her direct phone number. D. Emergency Response The Contractor shall be responsible for responding to tree related emergency situations during normal business hours, after-hours, weekends and holidays. The Contractor shall have the capacity to deal with any tree related emergency situation ranging from limbs down Urban Forestry Maintenance Services 3 October 4, 2012 RFP No, 2012-01 70 of 554 Scope of Work Attachment A on single trees to storm related damage that Involves a large number of trees requiring the commitment and focus of significant resources and staffing levee for several days. Response time and protocol during emergencies is critical to the Clty of Encinitas. As part of this Contract, the Contractor shall be required to make the City of Encinitas their priority client for responses during emergencies that cover the San Diego area. 1) Telephone responses by the Contractor to tree related emergency calls during normal business hours and after-hours shall be made within (15) fifteen minutes of the Initial call. 2) The response time for a crew to arrive on -site for free related emergencies during normal business hours of operation is thirty (30) minutes. 3) The response time for a crew to arrive on -site for tree related emergenoles outside of normal business hours of operation is ninety (90) minutes. Failure to meet these requirements may be cause for termination of the Contract. E. Competent Supervisor and Project Manager The Contractor shall have competent working supervisors et each jobsite at all times when work Is being performed. Each supervisor must be capable of communicating effectively both in written and oral English, and holding the necessary certlflcatlons or credentials as described for that position. All supervisors must possess adequate technical background to ensure that all work is accomplished per provisions of this Contract. Contractor Is required to have a competent Project Manager available by telephone on a twenty-four (24) hour basis that is assigned to provide direct and prompt attention to requests from the City for emergency and after-hours tree service requests. F. Qualified Staff Contractor shall employ sufficient personnel qualified by reason of education, training and experience to discharge the services agreed to be performed by Contractor. Contractor shall provide service of the highest quality at all times, and personnel retained to perform this senrice shall be temperate, competent and otherwise fully qualified to fulfill the Contractor's obllgaiienc under the Core G. Uniforms All employees of Contractor performing services shall appear neat and well-groomed at all times and shall be dressed in clean, unaltered uniforms et no additional cost to the City, with suitable company Identlf#catlon. No portion of the uniform may be removed wh!ie working. Employees not In uniform shall .be immediately removed from the work area. Tho Contractor shall provide a standard uniform consisting of at least a collared shirt with buttons, complimenting pants, a belt and boots appropriate to the work. All shirts. jackets or safety vests shall be clearly marked with company Identification and the name of the employee wearing the uniform ]n the field, Contractor employees shall wear orange safety vests when Urban Forestry Maintenance Services RFP No. 2012-01 4 October 4, 2012 71 of 554 Scope of Work Attachment A operating machinery and/or while working near moving traffic es required by any applicable laws. H. Knowledge, Skills and Abilities The Contractor's employees shall be subject to the following minimum knowledge, skills, abilities and requirements: 1) The proper license to operate equipment; 2) Ability to operate and maintain equipment in accordance with the manufacturer's recommendations; 3) Mechanical ability to make required operator adjustments to the equipment being used; 4) Knowledgeable of safety regulations as they relate to tree care end traffic control; 5) First Aid Certification from a nationally recognized organization (minimum of one member of each crew); 6) Ability to communicate orally and In writing in English; and, 7) Demonstrated knowledge of tree care and related operations. I. ISA Standards The Contractor shall deliver a level of quality that is compatible with International Society of Arboriculture (ISA) standards, and standards and requirements described herein In providing tree services compatible with standard practice that results in a neat, clean and attractive appearance to trees and associated sites serviced under the terms of the Contract. J. Clean Worksite Upon completion of work on individual street segments that are under the Contract, Contractor shall clean the work site and all grounds adjacent to the work area of all rubbish, excess materials and equipment. All sections of the work area shall be left in a neat and presentable condition. Care should be taken to prevent spillage on streets over which work or hauling is done, • and any such spillage or debris deposited on street due to Centracttrr operation shall be cleaned up immediately. K. Equipment 1) Overnight parking of equipment, leaving unattended debris and staging of materials an City streets will not be permitted. Waste bins shall be removed from Individual street segments once the work has been completed. 2) Ail equipment used and all maintenance practloes employed shall be subject to the Inspection of the City's designated representative and shall meat safety and functional requirements described herein, All vehicles and equipment operating under This Contract shall be properly marked with company Identification. All equipment Trust be maintained in a good state of repair_ All safety guards shall be in place. No equipment shall leak oil or fluids. Equipment drive belts and hoses shall be covered and In good repair and show no sign of fraying. No equipment shall present any potential danger to the operator, co - Urban Forestry Maintenance Services 5 October4, 2012 RFP No. 2012-01 72 of 554 Scope of Work Attachment A workers, passing motorists or pedestrians. Failure to comply with this provision will be cause to have the equipment removed from the job site. 3) it is the C_ontrar.#nr's responslbliity to maintain a sufficient inventory of equipment so as to complete work as specified. An inventory of equipment shall be provided with proposal. This inventory shall include the brand name, model number, weight and capacities of all equipment to be used in the perfommanoe of the Contract. All equipment Is to be approved by the City prior to the start of the Contract, it Is the Contractor's responsibility to notify the City's designated representative of any change In the equipment Inventory during the performance of the Contract. This notification shall come In the form of an updated equipment inventory Ilet, presented In the form of a memo on dated company letterhead. Failure to comply with this provision will be grounds to remove the Contractor from the job site until such time as equipment Inventory discrepancies are addressed and may be grounds to terminate the Contract. L, Disposal of Refuse and Debris/Landfill Diversion Requirement: All vegetation and debris generated by the Contractor in the performance of the work shall become the property of the Contractor and shall be removed from the work site promptly. The Contractor shall dispose of all generated debris at no additional cost to City and shall, at minimum, dispose of the material as Is consistent with the requirements of AB 939. The Contractor is encouraged to divert as much material as possible from the landfill, meeting or exceeding the City's goal of seventy-five (75) percent diversion rate. it Is anticipated that one -hundred (100) percent of the material frorn the work could be diverted, unless a particular tree is diseased or not suitable for reuse. M. Protecting the Urban Forest If, at any time, the Contractor Is unclear, on what course of action to follow in the field, the Contractor shall consult with the City's designated representative. The Contractor should never proceed with an action that will result in the permanent disfigurement of the structure or value of a tree. Contractors responsible for the disfigurement of trees small be penalized in an amount equal to the appal -sad value of the subject tree as determined by an independent Consulting Arborist. N. Safety Requirements The Contractor shall conduct all work outlined In the Contract hi such a mariner as to meet all accepted standards for safe practices during the operation end to safely maintain stored equipment, machines and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all City, County, State or other legal requirements Including, but limited to, full compliance with the terms of the applicable OSHA, CAL EPA Safety Orders and ANSI Z133.1 Safety Requirements for A?oorioultural Operations at all times so as to protect all person, Including Contractor employees, agents of the City, vendors, members of the public or others from foreseeable Injury or damage to their property. Urban Forestry Maintenance Services 6 October 4, 2012 RFP No. 2012-01 73 of 554 Scope of Work Attachment A O. Traffic Control The Contractor shall be responsible for traffic control and safety regulations as related to any City. State or County requirements while working in the public right-of-way or on any City project. The design and operation of work zone traffic controls must comply with US Department of Transportation/Federal highway Administrative guidelines and any City, County or State supplements guidelines and/or regulations and laws. All operations will be conducted by the Contractor to provide maximum safety for the public according to the most recent edition n of the MUCTD (Manual on Uniform Traffic Control Devices) and any Ca[ifomia supplements to the MUCTD and any local regulations. Where work Is In progress, each street shall be open to local traffic at all limes unless prior arrangements have been made and approved by the City's designated representative. The Contractor shall display standardized warning slgnage when controlling traffic around any area used for staging or working in any area that is subject to pedestrian or vehicular traffic. At no time shall traffic be permitted to enter, or operations allowed to continue, In any work zone that presents a dangerous conditions to pedestrian and/or vehicular traffic. The Contractor may be required to submit a traffic control plan to the Engineering Department as directed by the City's designated representative. P. Utility Coordination The Contractor shall recognize the rights of utility companies within the public right -of- way or on any City project and their need to maintain and repair their facilities. The Contractor shall exercise due and proper care to prevent damage to utility facilities and to adjust schedules when utility operations prevent the Contractor from maintenance during a specified time frame. No additional compensation .11 be allowed for compl g with these requirements. Contractor shall notify the City's designated representative of any utility that Is disturbed or damaged and shell contact the appropriate utility to arrange for repair. O. Authority and Inspections 1) The City's designated representatives shall, at a times, have access to the work and shall be furnished with every reasonable facility for acquiring full knowledge with respect to the progress, workmanship and characters of materials and equipment used and employed In the work. Whenever the Contractor varies the period during which work is carried out, they shall give due notice to the City's designated representative ,so that property access for inspection may be provided. Any inspection of work shall not relive the Contractor of any obligations to fulfill the Contract as prescribed. Any and all questions regarding the performance of the work shall be directed to the City's designated representative. Urban. Forestry Maintenance Services 7 October 4, 2012 RFP No. 2012-01 74 of 554 Scope of Work Attachment A 2) If It appears that the work to be done or any matter relative thereto is not sufficiently detailed or explained by the specifications, the Contractor shall apply to the City's designated representative for such further explanation es may be necessary and shall conform to such/explanation or Interpretation as part of the Contract so far es may be consistent with the intent of the original requirements. 3) All work shall be completed to the satisfaction of and under the supervision of the City's designated representative. Failure to comply with any requirement contained herein may result in suspension of work without time extension or termination of Contract. Inspection of work will be done by the City's designated representative, during the performance of work or when deemed necessary. ssary. 4) 11 any portion of the work done under the Contract proves defective or not in accordance with the requirements, and if the Imperfection in the same 1s not of sufficient magnitude or Importance to make the work dangerous or undesirable, the City's designated representative shall have the right end authority to retain the work, but he/she may make such deductions In the payment due the Contractor as may be Just and reasonable. Any work which Is defective or deficient In any of the requirements or specifications shall be remedied or removed and replaced by the Contractor in an acceptable manner and within a reasonable amount of time as determined by the City, at the Contractor's own expense. In any other case, a letter will be sent to Contractor noting deficiencies, and the Contractor shall make a reasonable and good faith effort to correct the deficiencies within a reasonable period of time not to exceed three (3) days from notification, After this time period, if unacceptable conditions still exist, the City has the right to terminate the Contract or deduct payment es is proportionately appropriate for non-compliance with the requirements and specifications of the Contract. R. Quantities/ Tv1lnor Modifications and/or Additional Work The City reserves the right to Increase or decrease the quantity of any itern(s) or portion() of the work described In the requirements or specifications or the proposal form or to omit portions of the work so described as may be deemed necessary or expedient by the City's designated representative and the Contractor shall agree not to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any kind of work to be done. The City shall reduce the price accordingly. Alterations, modifications or devlatcr,a from the work described in this document shall be subject to prior written approval of the City. Any price adjustments shall be made by mutual consent of the City and Contractor. Should a change or extra work be found necessary by the City, all changes and extra work shall be performed at the same unit price of any proposal item listed. If the work is not listed Urban Forestry Maintenance Services 8 October 4, 2012 RFP No. 2012-01 75 of 554 Scope of Work Attachment A as a proposal item, the Contractor shalt submit a fair cost for the work to be performed. A change order authorization, In writing, wilt be Issued by the Clty. S. Invoicing Contractor shall be required to submit Invoices on a monthly basis. Invoice format shall Include but not be limited to the date the work took place, a list of each street that work took place, the address of each individual work site and the activity, the species and its currant condition, height, trunk diameter and canopy spread of each individual tree. Each invoice shall Include an exact copy in electronic format that is compatible with the City's Tree Inventory program. Failure to submit invoices in this format may result in non-payment until these requirements are met T. Withholding Payment The Clty may withhold payment to such extent as may be necessary to protect the City from loss due to one or more of the following reasons: 1) Defective, unsatisfactory or inadequate work not corrected; 2) Claims filed, or reasonable evidence Indicating probable filing of claims; 3) Failure of the Contractor to make proper payments to subcontractors or for materials or labor; 4) A reasonable doubt that the contract can be completed for the balance unpaid; and, 5) Damage that resulted from an Incident involving property damage. U. Stop Work 1) if the Contractor, after having officially commenced work on said Contract, should discontinue work for any cause, he/she shall notify the City's Designated Representative of the intent to do so, and she!! further notify of the date for restarting operations. 2) The City, at the discretion of the City's Designated Representative, may require the Contractor to Stop Work if any condition presents en unreasonable liability to the City, until such time as the condition is corrected to the setsfaction of the City. V. Risk Management Tree work Is a controlled task. At no time should work be performed so as to result in s Toss of control incident (e.g. frea-falling large limbs or trunk sections, hinge cutting to avoid use of ropes/hoisting equipment, lack of safety apparatus/equipment guards, improper use/loading of equipment). Failure to maintain oontrol at all tines Is dangerous end can result in serious inju►y. A loss control incident will not be tolerated and may result In termination of this Contract. The Contractor shall be responsible for mitigating any damage related to a loss of control Incident, W. Investigation Urban Forestry Maintenance Services 9 October 4, 2012 RFP No, 2012-01 76 of 554 Scope of Work Attachment A Project Special Requirements These project special requirements are Intended to further address the Urban Forestry Maintenance Services program requirements and to the help the Contractor fully understand what is needed to fulflll the Contract. Within this section are the descriptions and specifications for the detailed services and materials which will be necessary to provide services under the Contract and shall be included in the base price of the proposal and shall not result in additional charges to the City. 1. Clarification of Specifications If any Proposer, prior to submitting their proposal should find any discrepancies and/or omissions from the requirements and specifications or other contract documents, or if they should be in doubt as to the true meaning of any part thereof, they shalt at once make a written request to the City of Encinitas' designated representative for corrections, clarification, or interpretation. The person submitting such request shall be responsible for its prompt delivery. In the event that the Clty of Encinitas' designated representative receives a request and It should be found that certain essential Information is not clearly and fully set forth, or if the City discovers errors, omissions, or points requiring clarification in these documents, a written addendum will be mailed to each person to whom a set of RFP documents has been delivered. The City will not be responsible for any Instructions, explanations, or Interpretations of the documents presented to Proposers in any manner other than written addendum. 2. Work Quality & General Standards Al] work as part of this contract shall comply with good arboreal practice for the particular species of trees being worked on and shall be consistent with national standards, All trees being trimmed will meet Pruning Standards as adopted by to International Society of Arboriculture, and/or "Pruning Landscape Trees" by U.C. Agricultural Extension Service #AXT 288. The Contractor shad also meet the requirements of the most current American National Standard institute, Inc„ "Safety Requirements for Tree Pruning, Trimming, Repair or Removal."' The City's Designated Representative shall determine If the Contractor has met all trimming requirements and payment shall not be made for trimming that is not in accordance with the above standards. The Contractor shall be deemed In contract default, if they consistently fall to comply with the contract standards. The Clty of Encinitas has developed an Urban Forest Management Program Administrative Manual, hereinafter referred to as The Manual. This Manual is availabie on the Citys website and will be used, where applicable, to ensure the Contactor meets the City's requirements for Urban Forest Maintenance. Should a discrepancy between this contract, the national standards for tree work or The Manua! exist, the Contractor and the City's Designated Representative will meet and resolve the discrepancy to the satisfaction of the City, Urban Forestry Maintenance Services RFP No, 2012-01 11 October 4, 2012 77 of 554 Scope of Work Attachment A No worker shall enter a fenced or otherwise secured area of private property without the consent of the property owner. 3. Public Noticing At least seventy-two hours (72) prior to the commencement of any non -emergency work at any tree site, the Contractor shall notify the occupant(s) of that property of the type of work that shall be performed and the anticipated duration of the work. In additlon, the Contractor shall supply and post standard signage at the site work at which work Is to be performed: at least forty-eight (48) hours in advance of work with the signage clearly elating what type of work is to be done and what affect the work will have on parking availability at that particular site. The Contractor may not use any material to affix signs to trees that may cause death or permanent damage to the tree(s). 4. Tool Sanitation On ail trees, including palms, known or suspected to be diseased, pruning tools and out surfaces shall be disinfected with a ten (10) percent chlorine bleach solution after each cut and between trees where there is danger of transmitting the disease on tools. Fresh solution shall be mixed daily. Old solutions shall be disposed of through proper disposal methods. Dumping used or old bleach solutions on the ground or down the storm drain and will result In severe penalties to the Contractor and may result In the termination of this Contract 6. Wildlife protection Prior to the commencement of any work In the vicinity of any tree, each tree shall be visually surveyed, from all sides, for the sole purpose of detecting the presence of bird nests or wildlife of any type. it a nest is found and is determined to be active, there shall be no work of any type In the tree in which the nest Is found without the written permission of the City's Designated Representative. At no time shall any nest or wildlife be removed from its location. In the event that wildlife is accidentally displaced and needs assistance, the Contractor shall notify Animal Control and/or the nearest appropriate animal rescue facility, as Identified In the Contractor's submittal required herein regarding "Protection of Wildlife", shall be contacted for assistance. 6. Pre -inspection Prior to the commencement of any work In the vicinity of any tree, the Contractor shah identify the location of utilities, Irrigation components and/or any private property element(s) that could be compromised by any work activity. if Identified, the Contractor shall take appropriate action to protect same. lf, during the course of pre -inspection, the Contractor identifies damage that exists before the onset of work, the Contractor shall document the damages with photos and report such damage to the CItys Designated Representative prior to commencing work In that area. All photo documentation shall have the time and date embedded. Any claim of damage that cannot be refuted by photo -documentation and/or a written report to the City's Designated Representative shall be considered the responsibility of the Contractor. 7. Setup, Operations, Equipment Staging Urban Forestry Maintenance Services 12 October 4, 2012 RFP No. 2012-0] 78 of 554 Scope of Work Attachment A The Contractor shall setup, operate and stage In a manner that presents the least amount of disruption to residents, businesses, the public end traffic flow. Outside of an emergency situation, at no time will multiple setups or equipment staging be allowed on both sides of a street within the same block. Equipment shall never be stored or leis unattended on a public street, City facility or private property without prior authorization from the City's Designated Representative or in the case of private property, owner of that property. The staging of equipment shall not be exempt from the work hour restrictions defined herein. B. ldeniitiinatinn and reporting of hazards While performing work of any type, the tree worker should Inspect for any obvious hazards related to trees. All hazardous situations should be corrected or promptly reported to the City. Any defective or weakened trees shall be reported to the City's Designated Representative. 9. Cleanup of greenwaste & debris, Limbs, logs or any other debris resulting from any tree operations shall be promptly and properly removed. The work area shall be kept safe at all times until all operations are completed. Under no circumstances shall the accumulation of brush, Ilmbs, Togs or other debris be allowed to pose a hazard to the public. During production trtmmling and removals; debris shall be removed from public rights away and private property within one (1) hour of the completion of work on the tree from which the debris was generated. All trimming activities shall cease lmrnediately if clean up equipment ceases to function or is not available (e.g. loader, roll off equipment, staff), Street rights -of -way shall not be used to stage unattended debris generated during standard work hours. All debris from tree operations shall be cleaned up each day before the work crew leaves the site. Ali lawn areas shall be raked, all streets/sldewalks shall be swept, and all brush, branches, er other debris shall be removed from the elte. Areas are to be left In a condition equal to or better than that which existed prior to the commencement of tree operations. No material is to be allowed to enter any storm :rain. All brush generated from tree trimming operations shall be recycled where practical. A. Greenwaste Report: Greenwaste that Is transported to an offsite facility for grinding into mulch sha!l be documented and submitted to the Citys Designated Representative on a monthly basis. Weight slips shall be required as proof of disposal and shall be included in the monthly Greenwaste Report. B. Wood Chips andior Mulch: 1) Chips or mulch generated from trimming operations within the City may be dumped and spread at a City designated site upon specific permisslon from the City's Designated Representative. C. Milling: Urban Forestry Maintenance Services 13 October 4, 2012 RFP No. 2012-01 79 of 554 Scope of Work Attachment A At the direction of the Cltyrs Designated Representative, large tree trunks, which meet proper specifications, will be required to be mined Into lumber suitable for use in a variety of applications. Milled lumber shall be returned to the City at a cost to be included in the bid proposal. 2) At the direction of the City's Designated Representative, wood waste generated from tree removals shall be chipped into pure wood chips with an even uniform size. These chips shalt be dumped and spread In specified locations in the City. 10. Education and Outreach Education Is an Integral and primary element of the City's Urban Forest Management Program. The Contractor Is required to provide support to the City's education and outreach efforts at no additional cost to the City. The Contractor Is required to participate in the City's Arbor Day Event, which is typically held In April or May each year, and will be required to provide additional education and outreach support to the City when requested. 11. Tree City USA: The City of Encinitas is a designated as a 'Tree City USA," as determined by the Arbor Day Foundation. The Contractor will endeavor to provide support to the City to ensure the City maintains this designation. 12. Cooperative Bidding: Other Public agencies may be extended the opportunity to purchase off this proposal and subsequent agreement If the successful vendors) and the City of Encinitas agree. The lack of exception to this clause in vendor's response will be considered agreement. However, the City of Pncinites is not an agent of, partner to or representative of these outside agencies and is not obligate or liable for any action or debts that may arise out of such independently negotiated piggy -back" procurements. Urban Forestry Maintenance Services 14 October 4, 2012 RFP No, 2012-0 80 of 554 Payment for Services The PROVIDER agrees to furnish all materials, supplies, equipment an herein, subject to all conditions outlined In the Request For Proposal (RFP), below. All applicable services inctude cleanup and disposal. Tree Planting -- (per tree) Tree planting includes tree, materials and planting costs. 15 Galion (double staked per specs) 24 inch Box (double staked persp c ) 36 inch Box (double staked per specs) 48 Inch Box 80 inch Box Tree Wetering fcer hourl Watering of young trees, water truck/operator-per hour Tree Pruning (bv Grid Price per tree to Prune by Grid Tree Prunlnsr (oerService Reauestsl Full prune tree 0" - 6" Diameter Standard Height 7° - 12" Diameter Standard Height 13° - 18' Diameter Standard Height 19" - 24" Diameter Standard Height 25' - 30' Diameter Standard Height 31 ° - 36' Diameter Standard Height 36°# Diameter Standard Height Crown Raise/Clearance Prune Hardwood tree 0' - 6" Diameter Standard Height 7° - 125 Diameter Standard Height 135 - 1 6" Diameter Standard Height 19' - 24" Diameter Standard Height 255- 30" Dlameter Standard Haight 31" - 36' Diameter Standard Height 36'+ Diameter Standard Height Palm Tree Trimming: Prune Date Palm (Phoenix spp.) Clean Trunk for Date Palm (Phoenix spp.) Prune Fan Palm (Washingtonla spp.) Clean Trunk for Fan Palm (Washingtonla spp.) Prune all other Pam Species Urban Forestry Maintenance Services RFP No. 2012-01 Attachment B d/or services set forth at prices indicated Uric Price in Figures $ 120.00 $ 200.00 $ 500.00 $ 1,000.00 $ 2,000.00 $ 60.00 $ 44.00 $ 30.00 $ 60.00 $ 85.00 $115.00 $ 185.00 $ 250.00 $ 9Fn_nn $ 20.00 $ 20,00 $ 50.00 $ 50.00 $ 60.00 $ 60.00 $80.00 $ 120.00 $ 30.00/Lineal Foot $ 44.00 $ 10.00 / Lineal Foot $ 44.00 October 4, 2012 81 of 554 Payment for Services Attachment B Tree Removal -- fper inch) Tree and Stump retrioval per inch trunk Diameter at Standard Height (DSH) 0' - 6" DSH r- 12' DSH 13"- 18' DSH 19' - 24A DSH 25" - 30" DSH 31" - 36" DSH Over 38' DSH Stump grinding per stump diameter inch at grade U nit f!tce in aigurek 17.00 $ 17.00 $ 17.00 $ 17.00 $ 17.00 $ 27.00 $ 27.00 $ 7.00 Mliljng Cost - (perpgerq foot) Milling Lumber per Board Foof $ 7.00 Root Pruning - (per linear foot) Per foot of roots pruned $ 10.00 )=toot Barrier Installation - (Der linear foot) Per foot of root barrier Installed $ 10.00 General Labor Rates -- tbv hour) Hourly rate for 1 Ground -person Hourly rate for 1 Equipment Operator Hourly rate for i Trimmer Day Rate Service Crew - (per ctev) Boom track per eight (8) hour day to include a chip body, low decibel chipper, 1 trimmer, 2 ground persons $ 60.00 $ 60,00 $ 60.00 $1,440.00 Specialty Emit/trent Day Rate -- (per dev) Per eight (8) hour day $ 800.00 Emergenov Sar I s - (Der hour) Fully equipped 3 person crew called In for emergency service: During normal bueinese hours After hours, weekends &!or holidays Arborist Reports - (per hour) Cost per hour $180.00 $ 210.00 ir11t P,n l=tung $ 100.00 GPS Tee Inventory - (per tree site) Cost per tree site $ 2.00 Urban Forestry Maiuienance Services 2 October 4, 2012 RFP No. 2012-01 82 of 554 Lis hg of Subcontractors Attachment C me Bu Mess Adds Arcrk Actiyf y There are no subcontractors planned at tlds time. Woan Forestry Maintenance Services Ri P No, 2012-01 October4, 2012 83 of 554 EXTENSION TO THE CONTRACT BETWEEN THE CITY OF ENCINITAS AND WEST COAST ARBORIST, INC. This extension is made effective on the date executed by the City Manager for the City of Encinitas and West Coast Arborist, Inc. RECITALS A. The City of Encinitas and West Coast Arborist, Inc.; entered into a Contract for a terra that began on October 16, 2012 and that ended on October 16, 2015. B. Under the terms of the Contract, the City may extend the agreement one (1) additional time for two (2) years, C. Under the terms of the Contract, the Contractor may request a unit price increase not to exceed the current San Diego Area Consumer Price Index or 2.5% whichever is greater (attached). D. The parties wish to extend the term of the Contract to October 16, 2017. NOW, THEREFORE, in consideration of the mutual benefits to be derived thereupon, the parties agree to amend the Contract as follows: A. The Contract between the City of Encinitas and West Coast Arborist, Inc.; is extended for a period of two (2) years and will now expire on October 16, 2017. B. For the period of October 16, 2015, through October 16, 2017 the attached Price Schedule contains updated unit costs that shall replace the costs shown in the Bid Schedule attached to the original Contract. Except as otherwise provided above, all the provisions of the Contract between the City of Encinitas and West Coast Arborist, Inc.; effective October 16, 2015, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused the Contract to be executed as follows: 1) BY City Manager BY: Dated `'`' City of Encinitas Name: .P ritit+i, PoinA1,11ofJEY Title: s] a£T West Coast Arborist, Inc. West Coast Arborist, Inc, RFP No. 2012-01 Dated: 0r Approve ¢fa to farm: Office of the City Attome BY: Dated: If. _ 1 r July 14, 2015 CONTRACT EXTENSION 84 of 554 6y -1- � r .: y U r l Tree Carr Prafessi rnals Servrag. Comntx+airles Inv Care fT 4ni Tiers C�� 1/4" ww.w`WCAINC.som May 30, 2015 City of Encinitas ATTN: Mark Hosford, Deputy Director of Public Works 160 Calle Magdalena Encinitas, CA 92024 RE: Tree Maintenance Agreement Dear Mr. Hosford, co With this contract year coming to a close, West Coast Arborists, inc. would like to take a moment to thank you and the City for another successful year. Together we have worked diligently to ensure that our mutual goal of Improving the City's urban Forest is being achieved each day. At this time, we would like to express our interest in continuing with the agreement for an additional year with an increase in cost. Over the course of the year, the cost of operating has continued to increase particularly in Tabor, insurance, and fuel. For this reason, we are respectfully requesting a cost adjustment of 1.30%6 based on the Consumer Price index (CPI) for the San Diego region. Attached for your review Is our proposed Schedule of Compensation for 2015-2016. Your consideration In this matter will be sincerely appreciated. Should you have any questions or require additional information, please do not hesitate to call me at (800) 521-3714. Sincerely, Victor M. Gonzalez Vice President, Marketing West 'Cost ,Arboirists., Inc. rn . #L'.a.2 f f f.R7_ •_ ,I+ r, fi _ 7 1 ,J i :F. __.1 4.cf 5_3711:3__ 85 of 554 City of Encinitas West Coast Arborlsis, Inc. Price Schedule for Tree Maintenance Services 2015.2016 tine !tern Grid Gee Pruning Full prune 0.6 Fug rime 741' Fuhl prune 13-18" Full prune 19-24' Fsd4 prune 25-30' Ful prune 31-35" Fan prune over 35 Each Current t?rices al Proposed Prkes I ;t Each 30.00 ach 5 60.00 i.,00 Each 5 65.00 ` $ Each $ 115.00 r .. $ coo $ 1R5.00 E) $ Each ri.$ 250.00 , s.. $ Each $ 250.00 5 !A Crown raise/Clearance prune 0 6' Each ; $ el 20.00 . a, 5 20.25 Crown ralseIClearanceprune 7.12' Each yr $ 20.00 ",'r $ 20.25 Crown raise/Clearance prune 13-11" Each . $ 5000 5 50.55 Crawnraise/Ckaranee prune15.24" Each {$ 50.00 ', 5 50.65 Crown raisejCiearanceprune 25.30' Each $ 50.00 ` $ 50.55 Crown raise/Clearance prutt 31.36' Each S r1000 .' 5 81.00 Craven raise/Clearance prune over 36" Each ' $ 80.04 $ 81,00 44 55 30A0 00.7S 85.10 115.50 187.40 253.25 253.25 Palm Trimming Prune Rate Palm (Phoenix sop,' Each i 5 12000 $ 12155 Clean Truing for Pate Palm Whoenlre spp.) Lineal Foot a $ 30.00 : 5 30.40 Prune Fan Palm (Washingtatia spp.) Each ` 5 44.00 1.; 5 45.50 Clean trunk for Fan Palm (Washingtonla sop) Lineal Foot 5 10.00 •. 5 10.20 Prune all herPalm spetles Each $ 4400 5 44.55 Root Pruning and intaitatlonall 12'mot barrier linear Foot h $ 30.00 S 10;10 Root Pruning and Installation or 13" root barrier Linear Foot 4 $ 1000 . 5 10.10 Crew Rental - Goundperson Hourly 5 60.00 .. I $ 60.75 Crew Rental- Equipment Operator Hourly ; . 5 60.00 5 60.75 Crew Renta'- Trimmer Hourly S .lkt ri C 5075 Ray Rate Service Crew:8 hrdey, 3 men & Equip Day $ 1,44040 _ ; 5 1,458.75 Tree el Stump Removal (Standard removvall Removal0.6" Pet Inch :,$$$ 17.00 " $ 17.20 Removal7.12' FerInrh . $ 17410 " 5 17.20 Flemove113-11" tau Inch =,} 5 1740 •,1 $ 17.2D %I:n 119-24" °.•:Itch f+� : 17,E ii 5 17.20 Remnuai25.30' per inch .f 5 17.00 =!� $ 17.20 Removal31-36" Per inch 5 27.00 " i 5 27.35 Removal over 36" Per Inch r' $ 27.00 i S .5 27.35 Stump Only removal For inch 5 7.00 x 5 7.10 Wiling Cost Per loam! Feat 5 7.00 tree Planting 15•gatlon Each S 120.00 ; S 121.55 24•Incir box Each S 200.00 `', 5 202.30 364nch bon Each .4 5 500.00' 5 506.50 48.Inch box Each 5 1,000.00 ''` $ 1,011E10 60-knclr bat Each , $ 1.000= II 5 1,01100 Tree Watering Per 'Gout S 5020 _.1 $ 60.75 r� Specialty Equipment Ray Rate Per day $ BOOM* 5 810.40 Emergency Crew {Owing busines$ hoursl Per Hour ; t $ 180.00 6 182.35 Emergency Crew [Alter hours, weekends, holidays) Per Hour 2 $ 210A0 . `;" $ 212.75 Certified ArbarIstReports Per Hour { .5100A0 .. S 101.30 OP5 Tree Inventory Per tree sate 5 2 00 •5 $ 2 00 86 of 554 AGENDA TEPORT City Council MEETING DATE: June 15, 2016 PREPARED BY: Mark Hosford, Deputy DEPT. Glenn Pruim Director DIRECTORS: Jim O'Grady Michael Stauffer, Acting Park Superintendent DEPARTMENTS: Public Works Parks and Recreation CITY MANAGER: Karen P. Brust SUBJECT: CONTRACT WITH WEST COAST ARBORISTS, INC., NEW PREVAILING WAGE REQUIREMENTS RECOMMENDATION: Authorize the City Manager, in coordination with the City Attorney, to approve a contract amendment accepting a new Price Schedule with West Coast Arborists, Inc. for the remainder of the current term, which expires on October 16, 2017. STRATEGIC PLAN: This item is applicable to the Strategic Plan elements of Transportation and Organizational Effectiveness and Efficiency and their associated goals. FISCAL CONSIDERATIONS: Funding for contractual tree maintenance service is included in the approved FY 2015-16 operating budget and is distributed across multiple accounting divisions. The total fiscal impacts associated with staffs recommendation for FY 2016-17 is $75,056 and has been included in the revised budget as detailed below. DIVISION , ; DESCRIPTION: ACCOUNT APPROVED , FY 201Z- r6 • . BUDGET AMOUNT PROPOSED .FY 2016-17 BUDGET AMOUNT DIFFERENCE Street Maintenance 101 71630 432.2 $183,172 8221,638 838,466 Park Maintenance 101 80810 432.2 $73,800 $89,375 $15,575 Beach Maintenance 101 80820 432.2 $5,330 $9,380 , $4,050 Community Center Maintenance 101 80850 432,2 815,450 $15,836 $386 Villanitas 291 80830 432.2 $5,723 $5,896 $173 Cerro Street 292 80880 432.2 $6,234 $6,421 $187 2016-06-15 item 08( CONTRACT AMENDMENT 1 O 32 87 of 554 Dlvl$ifl;N,= ';-- - .; - DESCRIPTION- : , ACCOUNT :. . ": -. ; 'APP tDIlED `_ '1=Y 2015-I6 _- BUDGET' AMOUNT ,` . P OpOS>;:D.-: - .PY 20161.7" BUDGET AMOUNT : : DIFFERENcE: - , Wiro Park 296 80880 432.2 $2,500 $2,575 $75 ELLD 295 72740 432.2 $58,170 $70,385 $12,215 ELLD — Zone H 297 72740 432.2 $39,464 $43,204 $3,740 TOTAL $396,179 $471,235 $75,056 BACKGROUND: On September 12, 2012, the City Council awarded a contract to West Coast Arborists, inc. (WCA), for city-wide tree maintenance service (Attachment 1). The scope of work included providing all materials, equipment, tools, labor and incidentals as required by the contract, to perform annual grid trimming; service request trimming; root pruning; tree and stump removal services; emergency tree services; tree planting services and other related tree maintenance services for the Public Works and Parks and Recreation Departments. The contract also requires WCA to pay prevailing wages per the Department of Industrial Relations (DIR) rate schedule, On July 23, 2015, the City Manager approved a one-time option to extend the agreement for a two (2)-year period under the same terms and conditions as set forth in the original contract. That extension expires on October 16, 2017 (Attachment 2). On August 22, 2015, the DIR issued a new prevailing wage determination for the craft "Tree Maintenance Laborer" that significantly impacts the contract with WCA (Attachment 3). ANALYSIS: Since 2012, WCA employees assigned to the City of Encinitas have been compensated in accordance with DIR prevailing wage determination for the craft: "Landscape Maintenance Laborer," which ranged from $9.00 - $10.00 per hour. The classification was used for all tree maintenance work. For many years, union organizations debated with the D1R and WCA that the tree maintenance work they performed for public agencies consisted of construction work and therefore, employees should be compensated at the prevailing wage rate for "Construction Laborer," which ranged from $40.00 - $50,00 per hour. On June 1, 2015, WCA agreed to enter into a Collective Bargaining Agreement (CBA) with the Laborers Union. Subsequently, on August 22, 2015, a new prevailing wage determination was issued by the DIR. The new rates stem from the CBA, and although not as high as the "Construction Laborer" classification, the wages are higher than the original "Landscape Maintenance Laborer" as accounted for in the current agreement. The classification of "Tree Maintenance Laborer" will now be applied to employees with WCA using the wage rates established by the DIR, which range from $18.00 - $23.00 per hour. As required by the DIR, this increase will take effect on July 1, 2016 (Attachment 3). City staff met with representatives from WCA on March 10, 2016 to discuss how these new rates will affect the current agreement with the City. WCA is requesting the City provide an increase in compensation beginning July 1, 2016 for the remaining term of the contract with the City to meet the new DIR wage requirements (Contract Amendment — Attachment 4). 2016-06-15 Item 08D 2 of 32 88 of 554 Staff discussed the wage rate increases and impacts with several other municipal agencies in San Diego County. Thirteen (13) agencies in the County are all pursuing contractual price increases to meet the new (DIR) wage requirements, Nine (9) agencies have amended, or are amending their current contracts; three (3) have "piggybacked" on existing contracts where the increases are already adopted, and one (1) agency has issued a new request for bids, with the new rate increases included. Potential options to address the DIR's wage rate increases and the City's ability to maintain its urban forest program at an acceptable level include: Option 1: Increase the budget to continue the current level of service; Option 2: Reduce the current level of tree maintenance service and absorb the increases into the current budget; and Option 3: Terminate the current contract and issue a new request for bids, with the new wage rates included. Staff is recommending Option 1, that the budget is increased to continue the current level of tree maintenance service, and that the agreement with WCA be amended to reflect the new wage rates. Funding for this Option has already been identified and included in the FY 2016-17 budget revise. Staff will competitively solicit new bids from prospective tree maintenance service providers prior to the end of the current agreement with WCA so that a new agreement will be in place to continue services once the existing agreement expires. ENVIRONMENTAL CONSIDERATIONS: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a "project" per Section 15378(b)(5) of the CEQA Guidelines. ATTACHMENTS: 1. Original Urban Forestry Maintenance Services Contract - October 16, 2012 2. Contract Extension - July 23, 2015 3. Tree Maintenance (Laborer) Wage Rate Notification from Department of Industrial Relations (DIR) - September 1, 2015 4. Contract Amendment — June 15, 2016 2016-06-15 Item08D 3of32 89 of 554 ATTACHMENT 4 ADMENDMENT TO THE CONTRACT BETWEEN THE CITY OF ENCINITAS AND WEST COAST ARBORIST, INC. This amendment is made effective on the date executed by the City Manager for the City of Encinitas and West Coast Arborist, Inc. RECITALS This Amendment is made with respect to the following facts and purposes: A. The City of Encinitas and West Coast Arborist, Inc.; entered into a contract for a term that began on October 16, 2012 and that ended on October 16, 2015. B. On July 23, 2015 the City of Encinitas and West Coast Arborist, Inc.; entered into a contract extension, which expires on October 16, 2017. C. On June 15, 2016 the City Council approved a contract amendment due to the State authorized Prevailing Wage increases to certain labor categories which affected the existing Contract with West Coast Arborist, Inc. D. The parties now desire to amend the Contract as set forth in this Amendment to change the price schedule (attached) to address the Prevailing Wage increases. NOW, THEREFORE, in consideration of the mutual benefits to be derived thereupon, the parties agree to amend the Contract as follows: A. The Contract between the City of Encinitas and West Coast Arborist, Inc. is amended to accept the new price schedule beginning on July 1, 2016 for the remainder of the current contract, which expires on October 16, 2017. Except as otherwise provided above, all the provisions of the Contract between the City of Encinitas and West Coast Arborist, Inc.; shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused the Contract to be executed as follows: BY: Dated BY: Dated: Name: City Manager Title: City of Encinitas West Coast Arborist, Inc. Approved as to form: Office of the City Attorney: BY:: Dated: West Coast Arborist, Inc. June 9, 2016 RFP No. 2012-01 2016-06-15 Item 08D 31 of 32 90 of 554 City of Encinitas West Coast Arborists, Inc. Price Schedule for Tree Maintenance Services FY2016-17 & 2017-18 Line Item Gild Tree Pruning Full prune 0-6 Full prune 7-12" Full prune 13-18' Full prune 19-24' Full prune 25-30" Full prune 31-36" Fuii prune over 36' Unit Each Each Each Each Each Each Each Each Crown raise/Clearance prune 0-6" Each Crown raise/Clearance prune 7-12" Each Crown raise/Clearance prune 13-18" Each Crown raise/Clearance prune 19.24" Each Crown raise/Clearance prune 25-30" Each Crown raise/Clearance prune 31-36" . Each Crown raise/Clearance prune over 36" Each Palm Trimming Prune Cate Palm {Phoenix spp.) Each Clean Trunk for Date Palm (Phoenix spp.) Linea] Foot Prune Fan Palm (Washingtonla spp.) • Each Clean trunk for Fan Palm [Washingtonla spp) Lineal Foot Prune all other Palm species Each Root Pruning and Installation of 12" root barrler Root Pruning and installation of 18" root barrier Linear Foot Linear Foot Crew Rental - Goundperson Hourly Crew Rental - Equipment Operator Hourly Crew Rental- Trimmer Hourly Day Rate Service Crew: 8 hr day, 3 men & Equip Day Tree & Stump Removal [Standard removal) Removal0.6" Per inch Removal 7-12" Per inch Removal13-18' Per inch Removal 19-24" Per Inch Removal 25-30" Per inch Removal 31-36" Per inch Removal over 36" Per inch Stump Only removal Per inch Milling Cost Per Board Foot Tree Planting 15-gallon Each 24-Inch box Each 36-Inch box Each 46-Inch box Each 6D-inch box Each Tree Watering Per Hour Specialty Equipment Day Rate Per day Emergency Crew [During business hours) Per Hour Emergency Crew [After hours, weekends, holidays) Per Hour Certified Arborlst Reports Per Hour G PS Tree I nventory Per tree site Current Prices I $ 44.55 $ $ $ I $ L .. $ FY16-17 Prices FY17-18 Prices 30.40 P $ 60.75 G $ 66.10i.' 116.50 C $ 187.40 C.. $ 253.25 . $ 253.25.. $ 20.25 l 20.25 50.65 4 [. 50.65 :` - 50.65 f ' 81.00 L. 81.00 ' 121.55 30.40 48.60 i r 10.10 P 44,55 t $ 10.10 10,10 F'r. L [ 60.75 $ 60.75 r $ 60.75 1. $ 1,458.75 $ 17.20 [ $ 17.2D $ 17.20 $ 17.20F.', $ 17.20 t" $ 27.35': $ 27.35 i : . 7.10 f' r`- k• $ 121.55 i $ 202.60 r $ 506.50 i- $ 1,013.00 1,013.00 $ 60.75 r $ 810.40 $ 182.35 ;•' $ 212.75 $ 101.30 [ .` $ 2.00 $ 53.45 36.45 72.9D 103.30 139.80 224.85 303.90 303.90 24.30 24.30 60.75 60.75 60.75 97.2D 97.2D 145.65 36.45 58,30 12.10 53,45 56.1 $ 38.25 $ 75.50 $ 108.45 $ 149.75 $ 236.00 $ 319.00 $ 319.00 $ 25.50 $ 25.50 $ 63.75 $ 63.75 $ 63.75 $ 102.00 $ 102.00 $ 153.00 $ 38.25 $ 61.00 $ 12.70 $ 56.00 $ 12.1D $ 12.70 $ 12.10 $ 12.70 $ 72.90 $ 72.90 $ 72.90 $ 1,750.5D $ 20.60 20.60 20.60 20.60 20.60 32.80 32,80 8.5D 76.50 76.50 76.50 1,83 B.00 $ 21.60 $ 21.60 $ 21.60 $ 21.60 $ 21.60 $ 34.40 $ 34.40 $ B.90 $ 145.85 $ 153.10 $ 243.10 $ 255.25 $ 607.80 $ 638.15 $ 1,215.60 $ 1,276.35 $ 1,215.6D $ 1,275.35 $ 72.90 $ 76.50 $ 972.D0 $ 1,020.00 $ 218.70 $ 229.50 $ 255,30 $ 268,05 $ 121.50 $ 127.50 $ 2.00 $ . 2.00 Proposed prices for FY 15.17 reflect a 20% and FY17-1 B reflects a 5% increase to offset the State -mandated prevailing wage determination for current Tree Maintenance Laborer 2016-06-15 Item 08D 32 oc' 32 91 of 554 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER I, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: TREE MAINTENANCE" (LABORER) DETERMINATION: SC-102-X-20-2016-1 ISSUE DATE: August 22, 2016 EXPIRATION DATE OF DETERMINATION: June 30, 2017** The rate to be paid for work performed after this date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Office of the Director — Research Unit for specific rates at (415) 703-4774. LOCALITY: All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara and Ventura Counties. Employer Payments Straieebt-Time Overtime Hourly Rate CLASSIFICATIONS Basic Health Pension Vacation Training Other Hours Total Daily Sunday/ (Journeyperson) Hourly and and Hourly Holiday Rate Welfare Holiday Rate 1 1/2Xb 2X Senior Tree Trimmer $18.50 2,25 $1.00 $1.67 0.05 8 $23.47 $32.72 $41.97 Tree Trimmer $16.50 2.25 $1.00 $1.47 - 0.05 8 $21.27 $29,52 $37.77 Groundsperson $13.75 2,25 $1,00 $1.32 0.05 8 $18.37 $25,245 $32,12 There shall be at least one Senior Tree Trimmer on crews of three or more. b Monday thru Saturday shall constitute a workweek. Rate applies to first 4 overtime hours Monday thru Saturday, and all time worked in excess of forty (40) hours per workweek. All other time is paid at the Sunday and Holiday double-time rate. 3 This determination does not apply to the work of a landscape laborer employed on landscape construction (work incidental to construction or post - construction maintenance during the plant installation and establishment period) or to tree trimming work involving line clearance. RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Internet at http:/!www.dir.ca.gov/OPRL/PWD. Holiday provisions for current or superseded determinations may be obtained by contacting the Office of the Director— Research Unit at (415) 703-4774, TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain the travel and/or subsistence provisions for the current determinations on the Internet at http://www,dir,ca.gov/OPRLJPWD. Travel and/or Subsistence provisions for current or superseded determinations may be obtained by contacting the Office of the Director - Research Unit at (415) 703-4774. 18-B 92 of 554 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND WEST COAST ARBORISTS, INC. THIS AGREEMENT is entered into on this 1st day of November, 2016, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and WEST COAST ARBORISTS, INC., a California corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide Urban Forestry Maintenance Services to assist the City's Park Maintenance staff with reducing the tree trimming backlog. WHEREAS, the CITY has determined that the CONTRACTOR is a certified forestry professional and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. WHEREAS, this contract is being awarded based on cooperative purchasing, as permitted in National City Municipal Code section 2.60.260. The City of Encinitas has gone through a competitive process for these services and selected this CONTRACTOR, and the CITY is entering into this Agreement with the prices established through that competitive process. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: l . ENGAGEMENT OF CONTRACTOR. The CITY agrees to engage the CONTRACTOR to perform tree pruning and trimming services, and the CONTRACTOR agrees to perform the services set forth in this Agreement in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services shall be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on November 1, 2016. The duration of this Agreement is for the period of November 1, 2016 through June 30, 2017. Completion dates or time durations for specific portions of the Project, hereafter defined, are set forth in Exhibit "B". 93 of 554 3. SCOPE OF SERVICES. The CONTRACTOR will perform tree pruning and trimming services as set forth in the attached Exhibit "A", using a grid system as set forth in the attached Exhibit "B" (the "Project"). The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Miguel Diaz hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Michael Palat thereby is designated as the Project Director for the CONTRACTOR. 5. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed as described in Exhibit "A". 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 $90,000. 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 CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 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 mariner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONTRACTOR and the City cannot agree to the quality or acceptability of the work, the manner of performance an d or the compensation payable to the CONTRACTOR in this Agreement, the City or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the mariner of performance and/or the compensation payable to the CONTRACTOR. Standard Agreement 2 City of National City and Revised July 2016 West Coast Arborists, Inc. 94 of 554 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. the Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY, and CONTRACTOR thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONTRACTOR'S written work product for the CITY'S purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed_ 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, uremploy- tnent, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or SUBCONTRACTORS, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its SUBCONTRACTOR(S) shall require the SUBCONTRACTOR(S) to adhere to the applicable terms of this Agreement. Standard Agreement 3 City of National City and Revised July 2016 West Coast Arborists, Inc. 95 of 554 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'S employees, except as herein set forth, and the CONTRACTOR or the CONTRACTOR'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONTRACTOR its agents, servants, and employees are as to the CITY wholly independent CONTRACTOR, and that the CONTRACTOR'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR and each of its SUBCONTRACTOR(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONTRACTOR warrants to the CITY that it is n.ot now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR'S professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. Standard Agreement 4 City of National City and Revised July 2016 West Coast Arborists, Inc. 96 of 554 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 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 CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR 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, Yesulting from or arising out of the CONTRACTOR'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. Standard Agreement 5 City of National City and Revised Ju'.y 2016 West Coast Arborists, Inc. 97 of 554 The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONTRACTOR(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. 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 CONTRACTOR'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 CONTRACTOR has no employees subject to the California Workers' Compensation and Labor laws, CONTRACTOR RACTOR shall execute a Declaration to that effect. Said Declaration shall be provided to CONTRACTOR by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall Standard Agreement 6 City of National City and Revised July 2016 West Coast Arborists, Eric. 98 of 554 not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR 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 CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled 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 Standard Agreement 7 City of National City and Revised July 20 16 West Coast Arborists, Inc_ 99 of 554 and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR'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 CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); orsent 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: Standard Agreement 8 City ofNationa: City and Revised July 2016 West Coast Arborists, Inc. 100 of 554 To CITY: Miguel Diaz Park Superintendent Engineering and Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONTRACTOR: Michael Palat Area Manager West Coast Arborists, Inc. 8524 Commerce Avenue, Suite B San Diego, CA 92121 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 CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONTRACTOR. Standard Agreement 9 City of National City and Revised July 2016 West Coast Arborists, Inc. 101 of 554 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. Contractor 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 or. a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. 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. 3. 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 Subcontractors. The City is engaging the services of the CONTRACTOR identified in this Agreement. The CONTRACTOR shall not subcontract any Standard Agreement 10 City of National City and Revised July 2016 West Coast Arborists, Inc. 102 of 554 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 subcontractor(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 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. [Signature Page to Follow] Standard Agreement 11 City of National City and Revised July 2016 West Coast Arborists, Inn. 103 of 554 CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney WEST COAST ARBORISTS, INC. (Corporation — signatures of two corporate officers required) By: (Name) (Print) (Title) By: (Name) (Print) (Title) Standard Agreement Revised July 2016 West Coast Arborists, Inc. 12 City of National City and 104 of 554 Exhibit A West Coast Arborists, Inc. Scope of Services The Scope of Services for this Agreement is to provide professional Urban Forestry Maintenance Services for tree pruning and trimming, using a grid systern (attached to the Agreement as Exhibit B) priced at $53.45 per tree within the grid, and to maintain the City of National City's trees in a safe, attractive, and overall healthy condition. 105 of 554 w PINT LAN NATIONAL CITY TREE TRIMMING GRID SCHEDULE STREET TREES TRIMMING SCHEDULE GRID-i GRID-2 GRID-4 GRID-5 GRID-6 GRID-7 GRID-6 GRID-9 FEDAUARY mil APRIL 2015 MAY THHU JUI.Y 2015 AUeUST THliu 0cTQ8eR 20I5 NOVEVIBER inimU . Ak. 2015-16 FEU umRY TMRU APRIL 2016 MAY THRU .J9JLY 20IG A4J L T THRU OCT09ER 2016 NDYiPMER lieu JAN 2016-17 FERRUAt1Y THRII APRIL 2017 106 of 554 Certificate of Insurance THIS CERTIFICATE rS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RtOii7S UPON YOU THE CERTJFICAi'$ HOLDER THIS CERTIFICATE IS NOT AN INSURANCE ALTHOUGH POLICY POLICIES DOES O AMEND INCLUDE' NDL� C1BN JR vUB ALTER THE COVERAGE OVER V jELAkPFT BELOW.ED THE POLICIES LiSTED BELOW, POLICY LIMITS ARE NO LESS THAN THOSE LISTED This is to Certify that 1 1NEST COAST ARBORISTS, INC 2200 EAST VIA BURTON ANAHEIM CA 92806 L NAME AND ADDRESS OF INSURED y M. INSURANCE is, at the issue date orthis certificate, ins r d by the Compare uoder'the policy(ins) listed below. The immaanze afforded by the listed palicy(ies) is subject to all theirtarns, exclusions sad Conditions and is not altered by any requirement, ism or condition era*, contract or other document with r apeet to which this cetdSeate may ba issued. TYPE OF POLICY III EA EXP DATE ®S mamm POLICY TERM f• POLICY NUMBER LIMIT OF LIABILITY WORKERS COMPENSATION Statutory limits 7/1 /2017 VYA7-06D-039499 07$ COVERAGE AFFORDED UNDER WC LAN OF THE FOLIAWINC3 STATES: AEI States Exceit. ND, OK WA,iNY !Bodily S EMPLOYERS LIABILITY gn y �y 6� rent 1,UQp:OQO ,ara;a. IWltay By Disease 1,O00,000 PnN-.Lirnir Bodily ItOary By Damao $1, 444,Q0 Fad Peres COMMERCIAL GENERALLLABILITY 7/1/2017 TB2.661-039499-016 General Aggregate $2 000,0>afl r OCCURRENCE Products 'ComptemdOperations Aggregate $2, 000,000 ■ CLAIMS MADE Etch Occurrence $1,000,000 RETRO DATE Paraoml l@ Ad./call& ng Injury $1,000, 000 Per PenOn MrSeni-ze ion Other Other Demme to 11. remises rented to You $a010IHi Medical Expense $5,000 AUTOMOBILE LIABILITY 7/1 /2017 AS7-661-039499-036 Each Accidwt—Single Limit +��rdQf},0�0 III AndP,D. Combined � OWNED FaolSPetaon fa NON -OWNED Each Acoideai or Oecarresuee HIRED Each Accident er Occurrence OTHQR Umbrella Excess Liability 71112010- 711/2017 TH7-681-039499-046 • $5,000,000 Per OccurrencelAggregate ADDITIONALCQM1 NTS ,..__"_._ The City of Narlonal City and Its ofticers, agents and employees areaddifortal insured with regards to 1 enerei iiebtlIty and automobile ilebl!Ity. es their interest may appear, where required by written canted. The Insurance afforded by the general liability policy for the benefit of the additional Insured shall be primary and non-contributory. Waiver of Subrogation Is included Jn favor of the additional insured on workers compensation, where allowed by statute, end aples only to the specific jobs of the insured performed under written contract, and where applicable by law. • if tux certificate ea ei ratios data is conmittous or eateaded tern% yea will be notified if coverage is terminated or reduced before the certificate expiration dese. NO7ICa OP CANCELLATION; (NOT APPLICABLE UNLESS A NUMBER OF DAYS iS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDX) LIMIER TIMABOVE POLICIESUNTIL A'J LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MA/LED TO; I —City of National City 1243 National City Blvd. National City CA 91950 at L 1 Liberty Mutual Itsareuee Grasp Elaine Ulan L96 Angeles ! 0803 AUTHORIZED REPRIFSENTAIWE 818 W 7th Street, Suite 850 058 Los Angeles CA 90017 213-624-1171 8/18/2016 OFFICE PHONE DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP es respects such insurance as is afforded by those Companies NM 772 07-10 3042E433 1 LY1_2sis eies-7/17 GL/1/1, Ar./2, 7AC/1, V'S I.Vanna sa<itala 6J16/2016 9,14;16 AM ICtrl j Pe3C 1 Ct 'r Lill COI 28889E 02 11 107 of 554 PZ6'1;:1e fiLINSEIc Ttit4t14394-9-ti1ff CiAtireht.ht. aoWigrot4,1.4489.1TY C4W100413. Ci4AnCIE$ THE F. t`-' MY. PE r CAR 7-ZPLILLY. rgsuRai.). ors, LESSEES OR COATRACTOrtt — 'zarim.)1jLED PERCT-1 an,CA.Nrcled\I Th erulmonteit rho eoco MOM% prubMAuttartits Wowing cpittMliftrAkt. CE14PPAC. LAWN COVOitaiE PART • A. S44441 ireand ontendod to ei &n adoaintl hAnd tita ptralo) orimizzrantio show 15 tho Sc* but ally WI rsaiwot to Ilatloy tor liodly ingyl, !properly botri9o' or "Fromm* aid odi isittl tiorf moot ki whole or it pan. blA 1. Yet! we *75 TArbdifft47 The arts or ornisattoo of loose min ort your ballot n tho porformortos .of your oruittii oporzr4rto fir the advAoritt itrurvgi) trsft totationta.) dativoted abw, How* nto 1. This iwavItt offorded to wort arklabord &wad only epplkts to Ott cdorit porrobtd by law: 4old omeadope prcuiaigi aguidorioi Walt* reirAgoi. by tact or ;meet moot. Mt tratrimce Ofortiod to such arlditoital kw:4d re ma la broader fitao that tobith you aro roquirod bY tortoni lir itgrorraiott b pro& tot otscrt atitlifiut21 ittutott 0. With r to tho iPmsrarte4 efordod ffiste otitiolortiti Irtualoa, bto tobtootte ottoltitW app41 Tits nour.-Ace rim hot :,pply•t* to* ktionr! or *property {Image occurs -in eibtr: 1, All 1741%, iNVt;ing motark4o, pint; to 04144111011 frar4t4ted kt coma:boo tat rattL wrk, mar too rtieul jolkter Out itareso. Ino/otottor.ce or torzofati bo ptiforlood tlY oh Waif off bta odeiffertal inturedto) elk location of the Meted *par -Worts Pas bran tontStiect I That posion your mit' CA at vritdt ktury or blots was boo boon pit to ko frZuraittf we by any p*Milin bt 011.4* 0#041 Metet: contractor or suiteozotrarior ettpood postorrukto *potion for 4 prktOfrel at al pall 01 the *Mb prolog. Wth to tho kiouronco afforded to Moo d*rialblurred*, the toirowitt h Wed to **Nn faiiiit.firrito Of tometrecort eorarepe prolikkol to the 4d64;04 111400 hira %I It 4vorgiVA tar agreoroshi. Mai 16:4 futy twt ticht4f Ora" xl.geivrA ,..z..,=”rt-tt 4e. LI% moot�fkwurertue, 1. Required by tho concoct or agtooroott or Prerdebht under irta pphlorata /mutant *awn ki Cootilletiong tritioAtosor errlbtrSentnt that not !wow thii opplicablo Onto 0 kmotore Sliour; DOC.0-40111. ti;zttp; CitAzCrtttoii Idturrtt forgits4r4s) tfteitt1100 CoVer06 0 pi. N414,-efs ct Ary otTatr$ 1141a64, wtottuirtot *.t.o.m you hart bleaAl howl wad. *gm/writ uyood ealo2prior Watt protidelitV4 moon to PiN4:reo Dc40,Fsktiit hom almr. akti kt ohmic: $t. ttt Doottraecris.. ! 1SisOta, rora P'.4.t 1 al 1 108 of 554 Mt:7v fir"...Ntatt c$241,141:44.49.01C COMVP.CAlw 7 ie actorizzeviiur ClikiskM2, THE PC Lne. PiXASE %E,Z,rr.CP-,krih;LLA',, IODITONAJ LMWERSt LE5IIIES COWYT:LACTURS COWPLETED OPERA11-0i,,IS TtK. entiororot*dr.te 1434-artte anovitiod WO- Wetter t:Oktb5EikCIA.1, GI BT4AL Llt,sEldfrfaWrePottOE PART PROMCTSICOMPLErltt OPERATIONS LIABIL(TYCO‘WAGZ PART Seztion — eviv, P.:, An inr.id ainorstod ta inatudc as ittrosion-41 earkasid The pain:m(4 or sztelorletton(a) thornk the SabadtAt. but clay Yet moped to lizblity tar 'Way Irttoy -or prapany dosage cautt el emote or k: peg, by 'rat' *ai$ i tha locadon 4eelena4+4 wad doocrtued in the Schedule at Vie andrament tontornell foftt3.0tonal lowed end raided dto Vradiclo-carr nitUa Optlairoft bazi.4 i-403441%*: 1. Tr* "Monied tv ouch vt'eavnat hand ontr oplaks to dws ettertt ,pernated by Kw; tral careracialstr6ded tcrtm addlaorol intwett is toritdrad by v cantratt Or firAerntra, the h%rolla* *Fronted to tucl: **atonal nsteue v.11 not tro LVIlier Mon thet talas:11 you we rettiukial by Ihe istract al- aervinnorn to r vistl.1 for tiliCh Adaionol hurt& va. taapelt tht ifV.AtureAt aflorded to .ftoaL adthi.littili *twat% 1 iatiogng addoiS Unatas Of r memo provided te bctdConal Wut.i.ead rodOzi tateltuct nt art vounk. tha mot two pay on behalf �tth. bdtrAtanzl hurtd #40 tir14.4. irdZvirstm Resolittai Alto controaar ait-wnent Are4tala under tit 114.1.04:ab1a lleumrste stasst In to De alintUona: mihiltnettr 4 los& enfootroartient.shait not increase the apptiat.:143 *Os Inewranca eka*i.t in the Dedarottiono. fialFZt ;LS Nt.nu Of Addianne Inuarnd Fkroonto) Or trinuaretantett -Ail moos or orgeritelvto Iva. *born you hove anima into v widen co/tort tamb then Oar tO Getlawitt oteatst, vektlito additional blatant i-Oitiai011 Mei DIpuI OptOpMzbanz Waft tit irttoinod by t eaten cantlkt1 overnonl ostittell kdo ptior to as ancurro Ica of *Nemo. Itertifliit*T1 miLtireiflptL Iv* Satstaglv, t not atom abaft, wt be O3e..71 Pitill2r4thaU. t'Ir-641%.1.4 0'1274, -.J1- 2704.1 r'zSrz 1 ,7" 1 109 of 554 ?way :A 7-061-029441848 COIONRCIALAUM CA t 4S t1 THIS .ENDORSEMENT CHANGES THE POUCV. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE Titer esent modfaes insurance provided trotter the folcoolng: O DEALERS COVEMGE FORM SU.StNS$ AUTO CODE FORM !ACTOR CARRIER COVERAGE FORIA Wit respect to coverage ptovkied'by this endorsement, tt a ins of the Coverer Farm apply unless modified by the ondorternent.. This tritioniarnerri iden'Jffes 3o t(s) or argeni s) who are Insureds' for CoveredAutos LietgliliyCo+r under the Who is An Insurtrf provision taf the Coverage Form Thts endomear t does not softer oavarags pirovitrand Inthe COMMA Form. SCHEDULE Harnt Of P ) Or Orytat nt'sj: Any 0.mtioeiogs4ricr yoit t.greezt Ong. to add as en tuitsionw insured, if;,t oci o ;giver a ies l: reiarfra4 by the wirtftato ragnermard, and in no twat cr= d either the st cdo of 7,Nt:t a•:1ri m of [MU ranee pry to We .per. IhkertraSon teRriaed ro tad& Sehedule, rthiVill Each person or orglanizoOmahown tattle Scheivile on "Issues for Covered Amp Liability e , but ally to the atom that person or orgardsation qualifies as anInured' uner ttte.V ho IAn Insured e contained in NreiNa0: k.t, 4 &midi #i;-Cowed Aube Ltu 7ttyCoverage In tha4 EforMess Auto sod War Center Coverage Forms end Pompton 0.Z. of SectiOn I - Covered Auto* CoVaragaa. of to Beaters Coverage Form, CA 20 4811:i; wo, • til be iris in the E rQi ►} r: ineuranae tier ices Oidoe,10c., 2611 Page 1 of 1 110 of 554 141.4 SitAE criorIME --Q4•=AL CD.ivIAL LT N'TG :it 01 04 PRI WARY' M4LNrioN CO'flThb.UOk1 OTkiiiifl INSURANCE COWDITION T-114 neom-rn ant rf:oCia kistrrwitt litorAto undi:riftio folftwi4 COLNERCtAL GENERAL UABLiTY,CovorAGE PART PRODUCTS/cOmPLETWOreZtATIONS 11411-ITYCO'VERAGF. PART Thttotoomfb 1dla tist Othrr trtairitoat Co?iditfort arid surfirq-drix 401 PlvtikPA elk total- PilowlyAne bloicorrAtittAtisrilniteransa, TVs imoraico primary to and not wok CCriti!hre444 from lifky emu: inituraim to 4.11 taa-.4rod =kr raw policy proviod Mot Tri# atidik,io» kiourad Is likirnori Ima0 Wide- othor irittrointir, and fia P..t You t agrud attc,16:vgi Iv a tonLint agrowncrit tidoi kuwaritt 'rated ta priory and tr4s.iiil ran txiott coriiritilAhori trift tmoatero awf4tit to int ImitstE .crept.., Ira Osgra tr; 111 of 554 WAIVER Or OUR RIGHT TO RECOVER PROM MOS EldOORSESTAIT - 04arratififik hirre the right to recover of payments from anyone liable for an Injury cmrered by this policy. We IA not enforce our right it tn. person or crgenizetion named in the Ochadeler. MSc eireentent appllee only to Ito indent Ins you perform walk under a wrIten COrtired the requires ycg, to obtain this 4,76a:rent torn us.) You must maintain ptooll moats cocretiely recogsang the remuneration cit your amployOas %Ogle engaged in -ft %to* deserted in the Schedule. The additional WV:earn for thle endcrestnent shall he 24 of the Cailfernla wore' compensation premium otherwise due on such rcsnanera. StbedUte Mation' pretrektm is a percent of the California Nituntsl. Wotan; Compensation premium. Sublect to a minimum minium theme of S 250, Pusan or Orcyszttellan Valais required by contract or *den agreement prior to ions and allowed by Jew st-P-stallasti limed by Liberry Ineurcerm Cotpqnsion2itilot Forrnth Porn* No. Wit7-001)47940S475 Etlective Date Premium $ istataf to Wt Conk Arboists, Ino, 64-0,1 Pv.v -of Ed: 04/1984 112 of 554 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE FORMAL BID PROCESS CONSISTENT WITH NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE CITY TO PIGGYBACK THE CITY OF ENCINITAS RFP CONTRACT NO. 2012-01 FOR URBAN FORESTRY MAINTENANCE SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH WEST COAST ARBORISTS, INC., FOR TREE TRIMMING SERVICES IN AN AMOUNT NOT TO EXCEED $90,000 WHEREAS, in 2015, the City contracted with West Coast Arborist, Inc., ("WCA") a highly qualified and reputable firm in the field of urban forestry, to assist with a backlog in work order requests for tree trimming services; and WHEREAS, because WCA did an outstanding job in assisting the City's Park Maintenance staff with reducing the tree trimming work order backlog, the City desires to enter into a new agreement with WCA to continue making progress on the tree trimming backlog; WHEREAS, because WCA did an outstanding job in assisting the City's Park Maintenance staff with reducing the tree trimming work order backlog, the City desires to enter into a new agreement with WCA in an amount not to exceed $90,000 to continue making progress on the tree trimming backlog; and WHEREAS, on October 16, 2012, the City of Encinitas entered into a three year agreement with WCA for Urban Forest Maintenance Services, which was subsequently extended through October 16, 2017, and amended to adopt newly implemented Department of Industrial Relations prevailing wage requirements; and WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined to be in substantial compliance with the City's procurement procedures, and such a determination has been made in this case. It is therefore recommended that the purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the purchasing agent's determination that the City of Encinitas's procurement procedures are in substantial compliance with the City's, and pursuant to Section 2.60.260 of the Municipal Code authorizes the waiver of the bidding process. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor to execute an Agreement with West Coast Arborist, Inc., for tree trimming services through June 30, 2017, in an amount not to exceed $90,000 by utilizing City of Encinitas RFP Contract No. 2012-01 for Urban Forestry Maintenance Services, [Signature Page to Follow] 113 of 554 Resolution No. 2016 — Page Two PASSED and ADOPTED this 1st day of November, 2016, ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 114 of 554 CC/CDC-HA Agenda 11/1/2016 — Page 114 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing submittal of applications for all State of California Department of Resources, Recycling and Recovery (CalRecycle) grants for which the City of National City is eligible for a period 115 of 554 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 1, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing submittal of applications for all State of California Department of Resources, Recycling and Recovery (CalRecycle) grants for which the City of National City is eligible, for a period of five (5) years. PREPARED BY: Ray Roberson, Management Analyst II PHONE: (6191 336-4583 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: �� f Finance ACCOUNT NO. APPROVED: MIS If grant funds are awarded, staff will return to City Council to appropriate funds. It shall be noted that there is no local match required for these grants. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution authorizing submittal of applications for all CaiRecycie grants for which the City of National City is eligible, for a period of five (5) years. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1 . Explanation 2. Resolution 116 of 554 Explanation The State of California Department of Resources, Recycling and Recovery (CalRecycle) administers various grant programs in furtherance of the State's efforts to reduce, recycle and reuse solid waste generated in the State thereby preserving landfill capacity and protecting public health and safety and the environment. A City Council Resolution authorizing staff to submit grant applications is required by the granting agency as part of the application process. The authorization to submit grant applications would be valid for five (5) years. The resolution would also authorize the City Manager to execute all grant agreements. Staff would return to City Council to present each grant award and request appropriation of funds. Staff has identified an immediate grant opportunity through CalRecycle to offset the cost of purchasing rubberized asphalt material for use in City street resurfacing projects. Rubberized asphalt has a longer life cycle than traditional asphalt since it is more resistant to cracking. It also provides a smooth travel surface with less noise. In order to take advantage of current and future CalRecycle grant opportunities, staff is requesting City Council authorization to submit applications for all CalRecycle grants for which the City of National City is eligible, for a period of five (5) years. 117 of 554 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING SUBMITTAL OF APPLICATIONS FOR ALL STATE OF CALIFORNIA DEPARTMENT OF RESOURCES, RECYCLING, AND RECOVERY ("CALRECYCLE") GRANTS FOR WHICH THE CITY OF NATIONAL CITY IS ELIGIBLE FOR A PERIOD OF FIVE (5) YEARS WHEREAS; Public Resources Code sections 48000 et seq., authorize the State of California Department of Resources, Recycling and Recovery ("CalRecycle") to administer various grant programs ("grants") in furtherance of the State's efforts to reduce, recycle, and reuse solid waste generated in the State thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant's governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City authorizes the submittal of applications to CalRecycle for all grants for which the City of National City is eligible. BE IT FURTHER RESOLVED that the City Manager, or designee is hereby authorized and empowered to execute in the name of the City of National City all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project; and BE IT FURTHER RESOLVED that these authorizations are effective for five (5) years from the date of adoption of this Resolution. PASSED and ADOPTED this 1st day of November, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 118 of 554 CC/CDC-HA Agenda 11/1/2016 — Page 118 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) authorizing the filing of an application for Active Transportation Grant Program (ATGP) funds through the San Diego Association of Governments (SANDAG) for the El Toyon-Las Palmas Regional Bi 119 of 554 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 1, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the filing of an application for Active Transportation Grant Program (ATGP) funds through the San Diego Association of Governments (SANDAG) for the El Toyon-Las Palmas Regional Bicycle Boulevard Project in the amount of $1,544,000; 2) accepting the terms of the Grant Agreement; and 3) authorizing the City Manager to accept the TransNet ATGP funds and execute a grant agreement with SANDAG, if selected for grant award. PREPARED BY: Jose Lopez PHONE: 336-4312 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. If grant funds are awarded, staff will return to there is no local match required for this grant ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: DEPARTMENT: Engineering/Public Works APPROVED BY: 4,7244./ APPROVED: Finance APPROVED: MIS City Council to appropriate funds. It shall be noted that project. FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Conceptual Exhibit 2. Sample Grant Agreement 3. Resolution 120 of 554 EXPLANATION The 2.2 mile El Toyon-Las Palmas Bicycle Corridor Project was identified as a Tier 1 priority project in National City's SMART Foundation Plan to enhance the pedestrian and bicycling environment in National City. The project provides connections to the following three elementary schools: El Toyon, Rancho De La Nacion and Las Palmas. The project will also connect to the future regionally significant South Bay Bus Rapid Transit (BRT) station at Plaza Boulevard. The proposed bicycle corridor starts in the residential neighborhood just north of Division Street and proceeds south along U Avenue through El Toyon Park, T Avenue, Paradise Drive and Grove Street, eventually ending at E. 22nd Street near the existing pedestrian bridge which leads to Las Palmas Park. The project provides ideal bicycle and pedestrian connections, particularly for school - age children, due to the low volume and low vehicular speeds of these predominantly residential roadways. Enhancements include Shared Lane Markings or "sharrows," signage highlighting the corridor as a Bicycle Boulevard, and traffic calming measures such as corner bulb -outs. While the corridor itself is relatively "quiet," it does cross several higher volume / higher speed streets such as Division Street, E. 4th Street and Plaza Boulevard. To address the challenges presented by these crossings, the project proposes a combination of bulb -outs, median refuge islands, high visibility crosswalks, and pedestrian actuated LED -enhanced crosswalk signs. Staff recommends that City Council take the following actions: 1) authorize the filing of an application for Active Transportation Grant Program (ATGP) funds through the San Diego Association of Governments (SANDAG) for the El Toyon-Las Palmas Regional Bicycle Boulevard Project in the amount of S1,544,00U; 2) accept the terms of the Grant Agreement; and 3) authorize the City Manager to accept the TransNet ATGP funds and execute a grant agreement with SANDAG, if selected for grant award. It shall be noted that the Grant Agreement contains provisions required by SANDAG, which have been reviewed and accepted by staff. While one such provision is a "hold harmless" provision, staff has determined that risk to the City is minimal since SANDAG's involvement in this grant -funded project is limited to accounting processes and financial audits. 121 of 554 Class II Bike Lane %7' Class III ?Are P.Otrle Pedetlrian 4th Street National City !Oh Sl t N I I C'Actuated' ED S A 4 .6.,1 ,,,tea Y "Jo �2-', s 'r y. r I t5 ,' ; �(1j 1 {, Curb Extensions .- 4 ree , a idrlo Yry L Sign t; Plana Blvd & A Ave,National Clty ' i:a- y• -i • I- e! s 'h ° r i ce . rl � r�;'y'i'lr f`1m`l1irAanol V=.Yry 131vd, .1'1 rt�� r 6._.I-{ y i.. ` i`L't ,. maliaini lL, I�/ ' `, I l - , F ,-_ 3' £VY , I Wes 11- ",si d ti p! w yyy -v1 rrsc=k4 titter 1p Project Improvement Map • & Crosswalk 1' edesfnan xlcivated LED Si n�• r Tom- ` r r+t� �,h • g r+h1;r N x� 1lllij is } ❑ S1 .07 1' i l'l r ��oyfle 8 ass 1F,ilst1, - Curb b cf - a c.srsr,q^-Frlc . Sch.rn1 .�:+T sty T s t,Irr.:M a-:rr-s it !'or,3 ElToyonfar Extensions {' ' iJc• .c'1 E' lUynn �.� Fkcrr-c`Ttl(inf q Toyon 1 r FUsvaion St AiF Cycle 1 Projects (Construc#on 2016/20171 4th Street Community Corridor - Existing Ccassing 4th St & T Ave National Ci 'x� CUrbExtensicnsI _ _ :i_..tl ���it.+ 61�.- 1 F +lestilo:, Actuated LED Sign 4th Street Community `. ' Corridor -Existing Crossing 4th St & U Ave, National City z- . r, J,: Curb Extension IrSouthwosl Corner) 7i L:ii l-_:':b Y.. - - rIsrrr.nicry ii___. 5''' _ _.- Lts Pa 7. * 1jIi q P_o sirbn \ t,. rY at + ''s+i • ri'' s.`i 18th St ATP Cycle 1 Proiecll x s Bicycle Boxes ,`+V'Construction 2016124171 r `� DAve &18thSt, '1 t- L r'a•'7�c.-+•ate- r, Q/� j^ { -Y 4�4,rT •�I,4: +i .jS 6. ....N II f• 'lam t EL Toyo-p. -Lays Putmas Regiostial, [ii,c ycl t QinittArard LI'd0 i STING BIKE CORRIDOR Class II-Bikelane Class III- Bike Route PROPOSED BIKE CORRIDQR mom Class IL III- Regional Bike Boulevard Connection tp Regional Bicycle '�• .- Network,IMission Volley- Chula CITY Vista Bikeway} t+ a, Future Class I, II, or III Bikeway tih Future Pedesinarti Path" Sidewalk Gap RE, IOIx1AL Future BRT Station - SBBRT (20301 Bus stop Future Class II or Class III Bikeway Note- B:_'pcle I ne.p 1=C1Qr 'r. n3toll -O oh on 5lljra4get Intersiections F.efer IC 9 Cycle'Mfast'er4 r, 122 of 554 GRANT AGREEMENT TEMPLATE - FOR INFORMATION ONLY [SELECT APPLICABLE PROGRAM: TransNet SMART GROWTH INCENTIVE GRANT PROGRAM OR TransNet ACTIVE TRANSPORTATION GRANT PROGRAM] THIRD FUNDING CYCLE GRANT AGREEMENT [AGREEMENT NUMBER] BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND [INSERT AGENCY/JURISDICTION NAME] REGARDING [INSERT FULL PROJECT pTLlEI THIS GRANT AGREEMENT [AGREEMENT NUMBER] (Agreement) ss made this [Day] day of [Month], 2015, by and between the San Diego Association of.4overntpnts, 401 B Street, Suite B00, San Diego, California, hereinafter referred to as SANDAG, nd ttie [Graritliecipient and Address], hereinafter referred to as Grantee. This agreement expWes on [Month] [Days, [Year]. ,r Note to Grant Recipient: This Agreement Tem/filate covers pix visions foortoththe SGIP and ATGP. Prior to contract execution, the Grant-AgreemeP t will be tailored to reflect the applicable grant program. Note to SANDAG Contracts Staff: P or to internal routing, references to SGIP and ATGP should be updated as applicable. ' The following recitals are a substantive part of this Agreement_ Note to SANDAG Contracts Staff: Select ejthec GlP Recitals Or ATGP Recitals. Smart Growth Incer4ive Progralm (SGIP) Rentals (A - J): A. The SANDAG Boar of Dirgctor -allocates fu'myds under the TransNet local sales tax program to support local transpatian-retati irl#rastru4ture projects in the San Diego region through a competitive process. B. i' ie TransNet E etejnston Ordinance contains provisions to fund the Smart Growth Incentive Program (SGIP), whl,.h fundingegan on April 1, 2008. The SGIP encompasses projects that tter integrate trap ortation and land use and recognizes the comprehensive effort to integrate smart growth place making, access to transit, and environmental justice. C. In Janua 201.0, the. ANDAG Board of Directors approved Board Policy No. 035 -Competitive Grant Program Pr cedures (Board Policy No. 035), which is included as Attachment B. This Grant Award,'7reement and the Grantee's performance thereunder are subject to Board Policy No..35, which includes multiple "use it or lose it" provisions. D. The SANDAG Board of Directors approved programming of approximately $12 million in TransNet funds on December 19, 2014, by Resolution Number [insert Resolution Number]. E. On December 19, 2014, SANDAG issued a CaII for Projects from local jurisdictions in 5an Diego County wishing to apply for a portion of the TransNet SGIP funds for use on capital improvement and planning projects meeting certain criteria. 12 123 of 554 F. Grantee successfully applied for TransNet SGIP funding for the [Insert Project Name], as described in Grantee's grant application. The Scope of Work, Project Schedule, and Approved Project Budget are included as Attachment A. Note to SANDAG Contracts Staff: Before finalizing this agreement for internal SharePoint routing, obtain from SANDAG Finance and Planning staff the TransNet MPO ID required to complete Recital G, below. G. Grantee's Project is funded with [insert dollar amount] in TransNet SGIP funds and the TransNet MPO ID for the Project is [insert ID number]. 11. The purpose of this Agreement is to establish the terms anci.Eontlitions for SANDAG to provide Grantee with funding to implement the Project.. 1. Although SANDAG will be providing financial assistpnce\to Granteivto'support the Project, SANDAG will not take an active role or retain substantial control oftthre Project. Therefore, this Agreement is characterized as a funding agreement rather than a ctrpperative agreement. J. Grantee understands that TransNet funds derive from re`taal.transactions and use tax revenues which fluctuate. SANDAG's funding -commitment to 5G1PProjects, including this Project, is subject to these fluctuations, whit rnay. impact funding mailability for this Project. Active Transportation Grant Program WGP)`Reditals.(A — L): ` A. The SANDAG Board of Directors allocaes fund r►dere TransNet local sales tax program and the Transportation Development At (T*..:to'supportlocal bicycle and pedestrian transportation projects m e San Diego pion through a competitive process. B. The TransNet Extension Ordjnance contains• rovisions to fund the Bicycle, Pedestrian, and Neighborhood Sauey Propfam (BPNSP), whrc funding began on July 1, 2008. The BPNSP encompasses bicycle ar, d pedestrian t evel projects and recognizes the comprehensive effort to irftegrate smart growth place making; -access to transit and environmental justice. / C. ,;.:Article 3 of the Tb .providcs`f; ending for Bicycle and Pedestrian Facilities and Programs. D. Tether the TransNe .BPNSP ana'TDA Article 3 funding are commonly referred to as the SANDAG Active Transportation Grant Program (ATGP). r E. In Janua•ry201.0, thp5ANDAG Board of Directors approved Board Policy No. 035 —Competitive Grant Program Pr6cedures (Board Policy No. 035), which is included as Attachment B. This Grant Award, Agreement and the Grantee's performance thereunder are subject to Board Policy No. 035, which includes multiple "use it or lose it" provisions. F. The SANDAG Board of Directors approved programming of approximately $3 million in both TransNet and TDA funds on December 19, 2014, by Resolution Number [insert Resolution Number]. G. On [December 19, 2014], SANDAG issued a Call for Projects from local jurisdictions in San Diego County wishing to apply for SANDAG ATGP funds for use on capital improvement and planning projects meeting certain criteria. 13 124 of 554 H. Grantee successfully applied for ATGP Funding for the [Insert Project Name] (Project), as described in Grantee's grant application. The Scope of Work, Project Schedule, and Approved Project Budget are included as Attachment A. Note to SANDAG Contracts Staff: Before finalizing this agreement for internal routing, obtain from SANDAG Finance and Planning staff the TDA Claim Number or TransNet MPO ID required to complete Recital 1, below. I. Grantee's Project is funded with [insert dollar amount] in ATGP funds, which includes [insert dollar amount] in TransNet BPNSP funds and [insert dollar amouratj in TDA funds, and the TransNet NIPO ID for the Project is [insert ID number] and the*A,Ciairn Number is [insert claim number]. J. The purpose of this Agreement is to establish the term`and cori`ditions for SANDAG to provide Grantee with funding to implement the Project; r , K. Although SANDAG will be providing financial aasis]ance to Grantee to 1upport the Project, SANDAG will not take an active role or retairi,ubstantial control of the Prot. Therefore, this Agreement is characterized as a funding ageraent ratherthan a coopera#ive agreement. L. Grantee understands that TransNNt funds.derive from recall transactions and use tax revenues which fluctuate. SANDAG's funding cornn tment to ATGP`Ikoiect.s, including this Project, is subject to these fluctuations, whichrpay impact:fLriding avai]abifiity for this Project. NOW, THEREFORE, it is agreed as follows: I. DEFINITIONS • A. Application.111.ke signed and dated grant application, including any amendment thereto, with all explanator+, supporting, and supplei erltary documents filed with SANDAG by or on behalf of the Grantee\and accepted.pr approved by SANDAG. All of Grantee's application majte ials, not in conflict* ith this Agreement, are hereby incorporated into this Agreement a's though fuI1y' t forth hegain R. `Approval, Authori a,tiion, Concurrence, Waiver. A written statement (transmitted in ewritten hard copy orr eiectronicaiiy) of a SANDAG official authorized to permit the Granteeio take or orrt an action required by this Agreement, which action may not be taken or omitted without sAch .written permission. Except to the extent that SANDAG determines otherwisin writin+ ,such approval, authorization, concurrence, or waiver permitting the performance`gr omission of a specific action does not constitute permission to perform or omit other simi[ar actions. An oral permission or interpretation has no legal force or effect. C. Approved Project Budget. The most recent statement of the costs of the Project, the maximum amount of assistance from SANDAG for which the Grantee is currently eligible, the specific tasks (including specific contingencies) covered, and the estimated cost of each task, that has been approved by SANDAG. The Approved Project Budget is included in Attachment A. Note to Grant Recipient: Only the applicable grant program will be referenced here. 14 125 of 554 Note to SANDAG Contracts Staff: Choose the appropriate program here. D. [SGIP Funds and Funding. Funding from the TransNet Extension Ordinance for the SGIP.] OR [ATGP Funds and Funding. Funding from the TransNet BPNSP and TDA Article 3 funds.] E. Grantee. The local jurisdiction that is the recipient of [SGIP or ATGP] funding under this Agreement. F. Notice to Proceed means a written notice from SANDAG issued to the Grantee authorizing the Grantee to proceed with all or a portion of the work describ�e,, n the Scope of Work. Grantee shall not proceed with the work and shall not be e!igible.to receive payment for work performed prior to SANDAG's issuance of a Notice to P "oceed. G. Subgrantee. Any contractor or consultant, at any tier/paid directly or indirectly with funds flowing from this Agreement for the Project. 11. PROJECT IMPLEMENTATION A. General. The Grantee agrees to carry out the Project as fo is: 1. Project Description. Grantee agrees to per tfri the work as described in the Scope of Work included as Attachment A. 2. Effective Date. The effecti date -of this•Agreement,or any amendment hereto is the date on which this Agreement or an amen mends fully`executed. The Grantee agrees to undertake Project work proritptly after ming'a Notice to Proceed from SANDAG. 3. Grantee's Ccpacit. . The Grantee,agfees to maintain or acquire sufficient legal, financial/technical, and manageriakcapacityto: (a) plan, manage, and complete the Project aid provide for the use of any Project property; (b) carry out the safety and security asp`ts of tl, { Prolect;_.and (c) omply with the terms of the Agreement and all applicable law`s,,,regulations,,nd Doliciet pertaining to the Project and the Grantee, -inclutl rig but not rni'ted to the-TransNet Extension Ordinance and Board Policy 1110. 03: Project Sche4ufe. The Grntee agrees to complete the Project according to the Project Schecide Included in Attachment A and in compliance with Board Policy No 035, as amended, and included as Attachment B. 5. Pr iect ImpI,entientation and Oversight. Grantee agrees to comply with the ProjettImplernentation and Oversight Requirements, included as Attachment C, and Board Pol.(cy.No. 035, as amended. 6. Changes to Project's Scope of Work. This Agreement was awarded to Grantee based on the application submitted by Grantee, which contained representations by Grantee regarding project parameters, project proximity to transit, and other criteria relevant to evaluating and ranking the Project based on SANDAG [SGIP or ATGP] scoring criteria. Any substantive deviation from Grantee's representations in the Application during project implementation may require reevaluation or result in Toss of funding. If Grantee knows or should have known that substantive changes to the Project will occur or have occurred, Grantee will immediately notify SANDAG in writing. 15 126 of 554 SANDAG will then determine whether the Project is still consistent with the overall objectives of the [SGIP or ATGP] and whether the changes would have negatively affected the Project ranking during the competitive grant evaluation process. SANDAG reserves the right to have [SGIP or ATGP] Funding withheld from Grantee, or refunded to SANDAG, due to Grantee's failure to satisfactorily complete the Project or due to substantive changes to the Project. 7. Media and Community Outreach Coordination. The Grantee agrees notify SANDAG of any media and community outreach efforts, including presentations to community groups, other agencies, and elected officials. The Grantee agrees to assist SANDAG with media or community events related to th1Proiect, such as ground breaking and ribbon cutting. Press materials shall berrovided to SANDAG staff before they are distributed. SANDAG logo(s) should be 1udedn press materials and other project collateral, but may never be included in such docu pen without advance approval from SANDAG. As part of the quarterly reports submitted to SANDAG,..the Grantee,agrees to provide project milestone information to suppoitinedia and ommunications forts. SANDAG reserves the right to use the information prvidcd'y the Grantee for any combination of the following, including but not limited to: sRcial_ media posts, online photo albums, videos, press releases, PowetPoint-presentations,`web`updates, newsletters, and testimonials. In submitting phmo.SANDAG, the t5tantee agrees to release the rights of the photos to SANDAL forts:use ``` S. Project Signage and Designation of p‘nsNe Funded Facilities. Each capital project in excess of $250,000 funded ipAyhole or in part by revenues from the TransNet Extension,Ardinance. hail be clearly designated during its construction or implementation as being provided byrevenues from the TransNet Extension Ordinance. 1 Grantee agrees tofo'llow the Project SiRnage Specifications. SANDAG will provide sign specifications. Grrtee agree,tw2 follow sign specifications and submit proof files to SAIVQAG for approval, before printing. Baseline Dxra Collec`p. For capital projects, Grantee is required to coordinate with SANDAG staffpnthe development of a baseline data collection plan in accordance with the Projectlrnplementation and Oversight Requirements. B. Applid ion of Laws Should a federal or state law pre-empt a local law, regulation, or the TransNet ensiorprdInance, the Grantee must comply with the federal or state law and implementing,regglations. No provision of this Agreement requires the Grantee to observe or enforce compliance with any provision, perform any other act, or do any other task in contravention of federal, state, territorial, or local law, regulation, or ordinance. If compliance with any provision of this Agreement violates or would require the Grantee to violate any iaw, the Grantee agrees to notify SANDAG immediately in writing. Should this occur, SANDAG and the Grantee agree that they will make appropriate arrangements to proceed with or, if necessary, terminate the Project or affected portions thereof expeditiously. 127 of 554 C. Notice Regarding Prevailing Wages. SANDAG's [SGIP or ATGP] Grants are funded with TransNet revenues consistent with the TransNet Extension Ordinance adopted by the voters in November 2004 (SANDAG Ordinance 04-01). Although SANDAG Ordinance 04-01 does not require payment of prevailing wages, California law may require that Grantee's public works projects pay prevailing wages for workers. Grantee acknowledges that SANDAG has strongly encouraged Grantee to seek legal counsel regarding whether the Project will be subject to prevailing wage laws consistent with Labor Code Section 1720, et seq. This Agreement requires Grantee's compliance with all federal, state, and local laws and ordinances as applicable. D. Significant Participation by a Subgrantee. Although the,Grar.tee may delegate any or almost all Project responsibilities to one or more subgrant s, the Grantee agrees that it, rather than any subgrantee, is ultimately responsible f?.r compliance with all applicable laws, regulations, and this Agreement. E. Third Party Contracting. Grantee shall not avid contracts over three thousand dollars ($3,000) on the basis of a noncompetitive prgturement for work to be pel ormed under this Agreement without the prior written approvalcf SANDA ,-'Contracts award-gd by Grantee, if intended as local match credit, must meet the requirements set forth in this Agreement regarding local match funds. r 1. If Grantee hires a consultnt4p carry.out profess Anal services funded under this Agreement, Grantee shall'p repine n independencost Estimate (ICE) prior to soliciting proposals; publicI radvertise competing proposals for the work; use cost as an evaluation factor ih selectinc, the coci ultant; document a Record of NegotiatipnjtON) establishin1/44tha`the.amount paid by Grantee for the consultant servicesls fair andreasonable; and. pass through the relevant obligations in this Agrement to the t)onsultant. 2. If Grante ires.a'contractor to carry out construction services funded under this _.Agreement, rantee shall , pare-ar !CE (e.g., a construction cost estimate) prior to soliciting .bids; blicly advertise for competing bids for the work; award the work to the lowestrespon -vie and responsible bidder; document a RON establishing that the amount peid by Gra ee for the construction services is fair and reasonable; and pass through the relevant obligations in this Agreement to the contractor. F. Grantee's Responsibility to Extend Agreement Requirements to Other Entities 1. Entities Affected. Grantee agrees to take appropriate measures necessary to ensure that afl 'ro ectparticipants comply with a!I applicable federal laws, regulations, and policies affecting Project implementation. In addition, if an entity other than the Grantee is expected to fulfill any responsibilities typically performed by the Grantee, the Grantee agrees to assure that the entity carries out the Grantee's responsibilities as set forth in this Agreement. 2. Documents Affected. The applicability provisions of laws, regulations, and policies determine the extent to which those provisions affect an entity (such as a subgrantee) participating in the Project through the Grantee. Thus, the Grantee agrees to use i 17 128 of 554 written document to ensure that each entity participating in the Project complies with applicable laws, regulations, and policies. 3. Flowdown. The Grantee agrees to include in each document (subagreement, lease, third -party contract, or other) any necessary provisions requiring the Project participant (third -party contractor, subgrantee, or other) to impose applicable laws, Agreement requirements and directives on its subgrantees, lessees, third -party contractors, and other Project participants at the lowest tier necessary. G. No SANDAG Obligations to Third -Parties. In connection with,ne.Project, the Grantee agrees that SANDAG shall not be subject to any obligations opAtabilities to any subgrantee, lessee, third -party contractor, or other person or entity tha#-ls not a party to the Agreement for the Project. Notwithstanding that SANDAG may have contrred. in or approved any solicitation, subagreement, lease, or third -party contra ,at any tier:, SANDAG has no obligations or liabilities to any entity other than thGtantee, including any subgrantee, lessee, or third -party contractor at any tier. •s H. Changes in Project Performance. The Grantee :agrees to,riotify SANDAL immediately, in writing, of any change in local law, conditions (i`nlutlinfts legal, financial, ortechnical capacity), or any other event that may adversely of 4t the Grantee's ability to perform the Project in accordance with the terms 'of the Agreement:and,as required by Board Policy No. 035. The Grantee also agrees notify SANDAG imme ately, in writing, of any current or prospective major dispute, breach ]efauIt litigation that lay adversely affect SAN DAG's interests in the Project; and agrees t ;inform SAN9AG, also in writing, before naming SANDAG as a party to litigation for any reason,, h any ru is At a minimum, the Grantee agrees to send each -nonce to SANDAG )vquir6d by this subsection to SANDAG's Office of General Counsel:: - Standard of Care. The Grantee expressly Warrants that the work to be performed pursuant to this AgreemenNtiall.beerformed in accordance with the applicable standard of care. Where ,approval by SA DAG its Exec tiva Director, or other representative of SANDAG is indit:ated in the-Scopeork, it is understood to be conceptual approval only and does not .relieve the Gra bf respb sibility for complying with all laws, codes, industry standards, and liability tor dalages causecauiN by negligent acts, errors, omissions, noncompliance with 'ri dustry standards, oicthe willful`rnisconduct of the Grantee or its suhgrantees. III. FTI-IICS ti A. Grantee de of c ondductlStandards of Conduct. The Grantee agrees to maintain a written codef Conduct or standards of conduct that shall govern the actions of its officers, employees, couNCd or board members, or agents engaged in the award or administration of subagreernents, leases, or third -party contracts supported with ]SGIP or ATGP] Funding. The Grantee agrees that its code of conduct or standards of conduct shall specify that its officers, employees, council or board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential subgrantee, lessee, or third -party contractor at any tier or agent thereof. The Grantee may set de minimis rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value. The Grantee agrees that its code of conduct or standards of conduct shall also prohibit its officers, employees, board members, or agents from using their respective 18 129 of 554 positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain. As permitted by state or local law or regulations, the Grantee agrees that its code of conduct or standards of conduct shall include penalties, sanctions, or other disciplinary actions for violations by its officers, employees, council or board members, or their agents, or its third -party contractors or subgrantees or their agents. 1. Personal Conflicts of Interest. The Grantee agrees that its code of conduct or standards of conduct shall prohibit the Grantee's employees, officers, council or board members, or agents from participating in the selection, award, or administration of any third -party contract or subagreement supported by [SGIPpt ATGP] Funding if a real or apparent conflict of interest would be involved. Such a..pnflict would arise when an employee, officer, board member, or agent, includiranymember of his or her immediate family, partner, or organization that eafnpIoys;or.intends to employ, any of the parties listed herein has a financial interest irM firm coin eting for award. 2. Organizational Conflicts of Interest. TInterest. yfie.Grantee agrees that'ts'code of conduct or standards of conduct shall include pro lures for identifying and jirvyerrting real and apparent organizational conflicts of inte txor94nizational conflict of interest exists when the nature of the work to be pet orrned under a proposed third -party contract or subagreement may, without some'i*strictions on future activities, result in an unfair competitive advantage tothe third-partjr contractor or subgrantee or impair its objectivity in performing`the a ntract.work. B. SANDAG Code of Conduct. SANDAG has establyihectpoliciestoncerning potential conflicts of interest. These policies apply to Grantee. ForAillaiiar4s.bjrSANDAG, any practices which might result in unldMul activity are pr°' rblte'a .including, but not limited to, rebates, kickbacks, or otlr unlawf!i a tonsideratio`ns. SANDAG staff members are specifically prohibited from participating in the selection process when those staff have a close personal relationship, fari i.relIatiorhip,-or past (within the last 12 months), present, or potential business or ernplort e' t rt-lot,o' tzip with a krson or business entity seeking a contract with SAN9A , It is-uniawruL,zor any contragto be made by SANDAG if any indiviaual B .ard merber or staff h�ak a prohibited financial interest in the contract. Staff are also rohibited from'splititing of `cepting gratuities from any organization seeking funding from 4SANDAG. SANDAGofficers, a loyees, agents, and Board members shall not solicit or opt gifts, gratuitik favors, o nything of monetary value from consultants, potential conitants, or partiesto subagreements. By signing this Agreement, Grantee affirms that it has no`nouvIedge ofan`ethical violation by SANDAG staff or Grantee. If Grantee has any reason toel'eve a,conflict of interest exists with regard to the Agreement or the Project, it should notify,the'SANDAG Office of General Counsel immediately. C. Bonus or Commission. The Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its [SLIP or ATGP] Funding application for the Project. D. False or Fraudulent Statements or Claims. The Grantee acknowledges and agrees that by executing the Agreement for the Project, the Grantee certifies or affirms the truthfulness and accuracy of each statement it has made, it makes, or it may make in connection with the Project, including: but not limited to, the Grantee's grant application, progress reports and invoices. 19 130 of 554 IV. AMOUNT OF FUNDING ASSISTANCE The Grantee agrees that SANDAG will provide [SW or ATGP] Funding for the Project equal to the smaller of the following amounts: (a) the Maximum SANDAG Amount Approved of $L__ , or (b) the amount calculated in accordance with the Maximum Percentage(s) of SANDAG Participation, which is i . percent (%). SANDAG's responsibility to make payments under this Agreement is limited to the amounts listed in the Approved Project Budget for the Project. Grantee's estimate in its application for funding from SANDAG for the Project is the amount that forms the basis upon which SANDAG determines the Maximum SANDAG Amount Awarded and Maximum Percentage(s) of SANDAG Participation. i V. MATCH I NG FUNDS Grantee has proposed to provide matching funds for the ProProjtct and ti erefore agrees as follows: A. Duty to Obtain Matching Funds. The Grantee agrees to provide sufficient funds or approved in -kind resources, together with the,GIP or ATGP] Funding a ard.ed, that will bj assure payment of the actual cost of each Prect activity covered by this greement. The amount of matching funds and percentage(s) Of-ratchin"cflunds Grantee shah provide are set forth in the Approved Project Budget. The Granteeagrsto complete all proceedings necessary to provide its share of the Project costs at of fore the time the matching funds are needed for Project costs. t B. Prompt Payment of Matching Fuels. The -Grantee agrees to provide the proportionate amount of the matching funds promptly as it inc Project.cost`s or Project costs become due. Each of Grantee's inc-es,must includpts.proata rnattaang fund contribution as reflected in the Approved ProjEctaudget, along wit)",suiiporting, descriptive and/or explanatory documentatioryfor the ma`tc irng funds pi•cvided. 'k 1 C. Reduction of Matching finds; -The Grantee agrees that no refund or reduction of the amount of rnatchin j\tunds may b.e,made,unle s, at the same time, a reduction or the proportional amount of -the. [5GIP orATG} Funding provided is made to SANDAG in order to maintain the -Maximum Percentage(s) of SANDAG Participation. VI. 4, APPROVED PROJECT BUDGE, Except tb.the extent that SAINDAG determines otherwise in writing, the Grantee agrees as follows: The Granteerd SANDAG have agreed to a Project budget that is designated the "Approved Project Budge The Grant&e will incur obligations and make disbursements of Project funds only as authorized by`tize Aoffroved Project Budget. An amendment to the Approved Project Budget requires the issuance,pf a formal amendment to the Agreement, unless the re -allocation of funds among budget items di fiscal years that not increase the total amount of the [SGIP or ATGP] Funding awarded for the Project, does not negatively impact the benefits obtained from the Project, and is consistent with applicable laws, regulations, and policies. Prior written SANDAG Project Manager approval is required for transfers of funds between Approved Project Budget line items. 131 of 554 VII. PAYMENTS A. Grantee's Request for Payment When Matching Funds Are Required. The Grantee will demonstrate or certify that it will provide adequate matching funds such that, when combined with payments from SANDAG, will cover all costs to be incurred for the Project. Except to the extent that SANDAG determines, in writing, that the Grantee may defer its provision of matching funds for the Project, a Grantee is required under the terms of this Agreement to provide matching funds for the Project and agrees that it will not: 1. Request or obtain matching funds exceeding the amount justified by the matching share previously provided, or ,1 2. Take any action that would cause the proportion o#'[SG]P sir ATGP] Funding made available to the Project at any time to exceed the_percentae authorized by the Agreement for the Project. B. Payment by SANDAG. Upon receiving a request for payment and adeNate supporting information, SANDAG will make payment, [dr.forprojects with TDA funding authorize the County of San Diego to make payment] for eligible amourits:to Grantee within thirty (30) days if Grantee has complied with the requirements cif tfie.Agreement, including submission of a Quarterly Report which is incled as Attachment , has satisfied SANDAL that the [SGIP or ATGP] Funding requested,is needed for Project p rposes in that requisition period, and is making adequate progress thward- ojrect.completrd'n-consistent with Board Policy No. 035. After the Grantee has demdnstrated`satifactory compliance with the preceding requirements, SANDAG may reimburse the Grantee's apparent allowable costs incurred consistent with theAlSproved Project BizidgetAANDAG sh`a11 retain ten percent (10%) from the amounts invoi ed unt1) satisfactory completion of work. SANDAG shall promptly release retention amonts.to Grantee following drantee's satisfactory completion of work and receipt of Grant 's final inyoic_e and all required documentation. C. Eligible Costs. The tfaritee aarees that -Project costs eligible for [SGIP or ATGP] Funding must comply with.the fb lowing requirements, unless SANDAG determines otherwise in iting. To be eligible for imbursement, Project costs must be: Consistent with the ProjeitScope of Work, the Approved Project Budget, and other provisions of time Agreement. 2. necessary in order to accomplish the Project. 3. Reasogable4 or the goods or services purchased. 4. Actual net -costs to the Grantee (i.e., the price paid minus any refunds, rebates, or other items of value received by the Grantee that have the effect of reducing the cost actually incurred, excluding program income). 5. Incurred for work performed, only on a reimbursement basis, after both the Effective Date of the Agreement and following Grantee's receipt of a Notice to Proceed from SANDAG, 132 of 554 6. Satisfactorily documented with supporting documentation which is to be submitted with each invoice. 7. Treated consistently in accordance with generally accepted accounting principles and procedures for the Grantee and any third -party contractors and subgrantees, (see Section 6 Accounting Records). 8. Eligible for [TransNet or TransNet and TDA] Funding as part of the [SGIP or ATGP]. 9. Indirect Costs are only allowable with prior SANDAG approyel.. Grantee must submit the following documentation as part of the grant applicatio%rnaterials: (1) an indirect cost allocation audit approved by a qualified independent4uditor or (2) the applicant's proposed method for allocating indirect costs in accordance with OMB guidelines. Indirect cost allocation plans must be reviewed a.d renevd annually. 10. Project generated revenue realized by the,4rantee shall be utiUzed in support of the Project. Project generated revenue and expenditures, if any, shall'fe reported at the end of the Agreement period. D. Exduded Costs 1. In determining the amouni f [SGIP or ATGP] Furtding.SANDAG will provide for the Project, SANDAG will excludv;'`�: - a. Any Project cost incurred.by the Gra ee More either the date SANDAG issues a Notice to Proceed to Graritteeor the fective Date of the Agreement or any Amendrertthereto; �• b. Arx) ost that is rot included in.the latest Approved Project Budget; c. Any cotfor P,rj.property or cervices received in connection with a subagre` ent, Iease; tfa rd-party'ontract, or other arrangement that is required to:t e, but I'r s.not been, concurred in or approved in writing by SANDAL; and d. Any cost -ineligible for SANDAG participation as provided by applicable laws, reguiat(t»rns:or polio{es: 2.''• Certain costs at )Tarbes associated with bicycle and pedestrian projects are not eligible `v en.the benefit provided is not the exclusive use of bicyclists or pedestrians. These ins%noes are listed below. a. C`u{h-arid gutter are part of the roadway drainage system. As such, newly installed curb and gutter cannot be considered an improvement exclusively for the benefit of the sidewalk or bike lane and are not an eligible expense. b. Driveway ramps installed across sidewalks are not for the benefit of pedestrians, and in fact, degrade the pedestrian environment. Claimants may not include the cost of driveway ramps in applications for sidewalk projects. However, the distance across the driveway may be included when computing the per -square - foot cost of the sidewalk, 22 133 of 554 c. Where roadway design standards require a roadway shoulder width at least as wide as would be required for a standard bike lane, the cost of the shoulder construction will not be eligible. Appropriate bikeway signage is eligible. d. Under some circumstances, it may be necessary to remove and replace curb and gutter, driveway ramps, drainage facilities and other existing improvements in order to construct a bikeway or sidewalk. In such cases the cost of this work is most likely eligible, but claimants should carefully document why this is so in the claim submittal. E. The Grantee understands and agrees that payment to the Granteefor any Project cost does not constitute SANDAG's final decision about whether that.ost is allowable and eligible for payment under the Project and does not constitute a waiver of any. violation by the Grantee of the terms of the Agreement for the Project or BoajdPolicy No4135_,The Grantee acknowledges that SANDAG will not make a finatermination about the allowability and eligibility of any cost until the final payment has eri made on the Pr'lector the results of an audit of the Project requested by SANDAC'or its Independent Taxpay' Oversight Committee (ITOC) has been completed, whichever occurs last: If SANDAG\determines that the Grantee is not entitled to receive any portion f the4SGIP-or ATGP] Fundinb requested or paid, SANDAG will notify the Grantee in writing, stair its reasons. The Grantee agrees that Project closeout will not alter the4rantee's responsibili to. return any funds due to SANDAG as a result of later refunds, correct pns;-performance deficienoes, or other similar actions; nor will Project closeout alter SANDAG'§,right tbdysallow. costs arlti recover funds provided for the Project on the basis of a later audit o'r,,other revie r.. Upon..potifieation to the Grantee that specific amounts are owed:to G�'to SANDAwhethief for excess payments of [SGIP or ATGP] Funding, disallowe,ddcosts, or funds recored*om third parties or elsewhere, the Grantee agrees to prompf y remit tG SANDAG the mounts owed, including applicable interest, penalties and arlrninistrativetharges. '. VIII. ACCOUNTING RECORDS In complia`nce_with appIicablei ws, regulations, -and policies, the Grantee agrees as follows: 1 A. , Project Accounts.' e Gram agrees to establish and maintain for the Project either a ',keparate set of accounts or separate accounts within the framework of an established acc94unting system that can be identified with the Project. The Grantee also agrees to mairrtain documentation of all checks, payrolls, invoices, contracts, vouchers, orders, or other accountsg docume9tss related in whole or in part to the Project so that they may be clearly identified,readily4'ccessible, and available to SANDAG upon request and, to the extent feasible, kepteparate from documents not related to the Project. B. Documentation of Project Costs and Program Income. Except to the extent that SANDAG determines otherwise, in writing, the Grantee agrees to support all costs charged to the Project, including any approved services or property contributed by the Grantee or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges, including adequate records to support the costs the Grantee has incurred underlying any payment in which SANDAG has agreed to participate in based upon a payable milestone. 23 134 of 554 IX. REPORTING, RECORD RETENTION, AND ACCESS A. Types of Reports. The Grantee agrees to submit to SANDAG all reports required by law and regulation, policy, this Agreement, and any other reports SANDAG may specify. 8. Report Formats. The Grantee agrees that all reports and other documents or information intended for public availability developed in the course of the Project and required to be submitted to SANDAG must be prepared and submitted in electronic and/or typewritten hard copy formats, as SANDAG may specify. SANDAG reserves the right to specify that records be submitted in particular formats. C. Record Retention. During the course of the Project and forfthree years thereafter from the date of transmission of the final expenditure report, the Grantee agrees to maintain, intact and readily accessible, all data, documents, reports, recrds, contracts, and supporting materials relating to the Project, as SANDAG may re j iire. . D. Access to Records of Grantees and Subgrafs. The Grantee agreesto permit, and require its subgrantees to permit, SANDAG or4its authorized.fepresentatives,upon request, to inspect all Project work, materials, payrolls, and`q her data, and to audit the books, records, and accounts of the Grantee and its subgrantees pet aii ing to the Project. t E. Project Closeout. The Grantee a4reesthat Project closeout does not alter the reporting and record retention requirements of t is Agreement. F. Quarterly Reports. Grantee shall submit writte9:44uarterly reports to SANDAG detailing the progress of its work, expenditures inc�lcred, and',inform'atton regarding whether the Project is projected to be corn-pleted Within the limits.d the Approved Project Budget, Project Schedule; and consi tent with Board Policy No. 035 and any policy amendments thereto. Granfee shall docuthent the progress and results of work performed under this Agreement to th tisfactian of SANDAG. his includes progress and final reports, plans, specifications, estim.;es £nt otherevidence oT attainment of the Agreement objectives, whicb-Irerequested by ANDAG or ITOC Grantee may be required to attend meetings of SIDAG-st:0nd commiees,.including but not limited to ITOC, the Regional Planning `Committee, the Transnortatib Committee: and the SANDAG Board of Directors, to report on ''',its progress and respond to questions. ti G. Co'rrrmunities Served Data and Report. if requested, Grantee shall provide SANDAG with data regarding how lie Project's benefits and burdens were equitably distributed among socio andcanomic6opulations in the area affected by the Project, and associated smart growth data: X. Project Completion, Audit, Settlement, and Closeout A. Project Completion. Within ninety (90) calendar days following Project completion or termination by SANDAG, the Grantee agrees to submit a final certification of Project expenses and final reports, as applicable. All payments made to the Grantee shall be subject to review for compliance by SANDAG with the requirements of this Agreement and shall be subject to an audit upon completion of the Project. 135 of 554 B. Project Audit. Note to Grant Recipient: Only the applicable sections will be included. Note to SANDAG Contracts Staff: Please choose the appropriate: For TransNet-funded projects: The Grantee agrees to have financial and compliance audits per,f rmed as SANDAG may require consistent with the TransNet Extension Ordinance. T hp 'Grantee agrees that Project closeout will not alter the Grantee's audit responsibilities. Atldittosts are allowable Project costs. For TDA-funded projects: The Grantee agrees to have financial and comp ante audits performed as SANDAG may require consistent with Public Utilities Code Seevon 99245, far TDA funds;`eRd consistent with the TransNet Extension Ordinance for TransNet funds. Thi Grantee agrees thatproject closeout will not alter the Grantee's audit responsib ijties, Audit costs are allowable Project casts. C. Performance Audit. The Grantee agrees.to cooperate with SANDAG or ITOC with regard to any performance audit that is perfomrned on he:Project pursuant to the TransNet Ordinance, D. Project Closeout. Project closeout occ irs what SANDAG notifies the Grantee that SANDAG has closed the Project, and, if applicableeitner forwards the final [SGIP or ATGP] Funding payment and or:'acknowleaages that the Grantee has remitted the proper refund. The Grantee agrees that Prbject closeout fby SANDAG do s not invalidate any continuing requirements imposed by the �A`greernent'or aiiy unmet re uirements set forth in a written notification from SANDAG. : E. Project Use. rantee was warded this Agreement based on representations in its grant `application regar4ing the t oject's intended use. If the Project is a capital project, Grantee hereby commits to continued i.tseof the Project for the purposes stated in its application for a ''''Period of at least fiveears after completion of construction. SANDAG may require Grantee to refund SLOP f! ndin0 provided for the Project in the event Grantee fails to utilize the Projeef, or its intended purposes as stated in the grant application or for any disallowed costs. XI. TIMELY PROGRESS AND RIGHT OF SANDAG TO TERMINATE A. Grantee shall make diligent and timely progress toward completion of the Project within the timelines set forth in the Project Schedule, and consistent with Board Policy No. 035 and any policy amendments thereto. If timely progress is not achieved, SANDAG may, in its sole discretion, review the status of the Project to determine if the remaining funding should be reallocated to another eligible project, as per Board Policy No. 035. Grantee understands and agrees that any -failure to make reasonable progress on the Project or violation of this Agreement and/or Board Policy No. 035, that endangers substantial performance of the Project sha!! provide sufficient grounds for SANDAG, in its sole discretion, to terminate this Agreement. 25 136 of 554 B. In the event Grantee encounters difficulty in meeting the Project Schedule or anticipates difficulty in complying with the Project Schedule, the Grantee shall immediately notify the SANDAG Project Manager in writing, and shall provide pertinent details, including the reason(s) for the delay in performance and the date by which Grantee expects to complete performance or delivery. This notification shall be informational in character only and receipt of it shall not be construed as a waiver by SANDAG of a project delivery schedule or date, or any rights or remedies provided by this Agreement, including Board Policy No. 035 requirements. C. Upon written notice, the Grantee agrees that SANDAG may suspend .or terminate all or any part of the [SGIP or ATGP] Funding to be provided for the Pro$1. If the Grantee has violated the terms of the Agreement, or Board Policy No. 035, or if SANDAG determines that the purpose of the laws or policies authorizing the Project would' not be adequately served by the continuation of [SGIP or ATGP] Funding for the Project:-; D. In general, termination of [SGIP or ATGP] Fund,ij for the Project will host invalidate obligations properly incurred by the Granteetbefor"e the termination date-lo.the extent those obligations cannot be canceled. If, however, SANDAG det ryes that the Grantee has willfully misused [SGIP or ATGP] Funding by faili*to male -adequate progress;-orfailing to comply with the terms of the Agreement, SANDAG re erves the right to require the Grantee to refund to SANDAG the entire aiddirint..of [SGIP or ATP] Funding provided for the Project or any lesser amount as SANDAG ritka r d4er'.ine. �` E. Expiration of any Project time periocLestablished•ajn the Project'Sc•hedule will not, by itself, automatically constitute an expiration prterminitlon-ottheAgreement for the Project, however, GranteeList request and 5AoNDA may agree tamend the Agreement in writing if the Project Scha,dufe WfIlA of be met. Ati a:rnendment to the Project Schedule may be made at SANDAG's discretion if Gr'antee's request is consistent with the provisions of Board Policy No.035. MI. CIVIL RIGHTS The G hee agrees -to comply vvrt#a all applicable civil rights laws, regulations and policies and shall inclpcle the provisions oftth,s 5ectibi12 in each subagreement, lease, third party contract or other legally binding document`�o perform\cork funded by this Agreement. Applicable civil rights laws, regulatioand policies include, but are not limited to, the following: A. Nondi crimination,. SANDAG implements its programs without regard to income level, disability'Tace, colek and national origin in compliance with the Americans with Disabilities Act and Titled Qf the Civil Rights Act. Grantee shall prohibit discrimination on these grounds, notify the public of their rights under these laws, and utilize a process for addressing complaints of discrimination. Furthermore, Grantee shall make the procedures for filing a complaint available to members of the public and will keep a log of all such complaints. Grantee must notify SANDAG immediately if a complaint is lodged that relates to the Project or program funded by this grant. B. Equal Employment Opportunity. During the performance of this Agreement, Grantee and all of its subcontractors, if any, shall not unlawfully discriminate, harass, or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, 26 137 of 554 religious creed, national origin, disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, denial of family and medical care leave, denial of pregnancy disability leave, veteran status, or sexual orientation. Grantee and its subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (California Government Code Section 12900, et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0, et seq.). The applicable regulations of the Fair Employment and Housing/Commission implementing California Government Code Section 12990 (a-f), set forth in Cfi tter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated intc.Tis Agreement by this reference and are made a part hereof as if set forth in full. Grange and its subcontractors shall give written notice of their obligations under this clause tolaborganizations with which they have a collective bargaining or other agreement. /,� XIII. OWNERSHIP OF WORK PRODUCT SANDAG shall own any deliverables created in whole or..in part4or SANDAG's befit pursuant to the Scope of Work for the Project. The term "delivei'abier' includes, but is not limited to, all original drawings, reports, photos, and other documents:Including detailed calculations and other work product developed for the Project/6r services performed;on`the Project. XIV. DISPUTES AND VENUE A. Choice of Law. This Agreement shll be interfireted in accordance with the laws of the State of California. -:.,: B. Dispute Resolution -Process. In the event Grantee has a dispute with SANDAG during the performance o#this Agreenjpertt, Grantee 'shall continue to perform unless SANDAG informs Grantee in writing, to cease performance. The dispute resolution process for disputes arising under this Agreeme shall be a3-fo11ows: 'I;' 1, Grantee shall submit a statement of the grounds for the dispute, including all pertinent dates, na\mg..s' of persons involved, and supporting documentation, to SANDAG's Pr'cgect Mana r. The Project Manager and other appropriate SANDAG staff will Ieview ilie; :ucumentation in a timely manner and reply to Grantee within twenty `-,., (20) calendar days. Upon receipt of an adverse decision by SANDAG, Grantee may \submit a request for reconsideration to SANDAG's Executive Director. The request for ret4psiclarap6 dust be received within ten (10) calendar days from the postmark date of SANDAG's reply. The Executive Director will respond to the request for reconsiddcation within ten (10) working days. The decision of the Executive Director will be in writing. 2. If Grantee is dissatisfied with the results following exhaustion of the above dispute resolution procedures, Grantee shall make a written request to SANDAG for appeal to the SANDAG Regional Planning Committee for SGIP projects or to the SANDAG Transportation Committee for ATGP projects. SANDAG shall respond to a request for mediation within thirty (30) calendar days. The decision of the Regional Planning Committee or Transportation Committee shall be final. 27 138 of 554 C. Venue. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, litigation and collection expenses, witness fees, and court costs as determined by the court. XV. ASSIGNMENT Grantee shall not assign, sublet, or transfer (whether by assignment or 6ovation) this Agreement or any rights under or interest in this Agreement. XVI. INSURANCE Grantee shall procure and maintain during the period of oerformance'tof this Agreement, and for twelve (12) months following completion, policieV:Vof, insurance fro`ra insurance companies authorized to do business in the State of California or the equivalent typearid amounts of self- insurance, as follows: ;'. A. General Liability. Combined single limit of \$ O0. 'per occurrence and S2,000,000 general aggregate for personal ar.,bodily injury, inuding death, and broad form property damage. The policy must include .an -acceptable "Waiver, of Transfer Rights of Recovery Against Others Endorsement." Thep iiy..m ist-name SAN .G:as an additional insured in the endorsement. A deductible or retention. maytiiized, subjectto approval by SANDAG. •tip:. . B. Automobile Liability. For personal and boditnjury,"irIuding death, and property damage in an amount not le -than $1.,000,000. C. Workers' Compensation anti Employef's Liability. Policy must comply with the laws of the State of Ca i Dania. T policy,must i4lude an acceptable "Waiver of Right to Recover From Others Endo ment nart1ir.g SANDAG` s an additional insured. D. Otl rr Reguirefnents. Santee shall furnish satisfactory proof by one or more certificates �, tirrgrrial copies), that.. it ha's 'the foregoing insurance. The insurance shall be provided by an u.". acceptable insurance . provider -as determined by SANDAG, which satisfies the following unmum requirements: 1. An insurance cal-ne:r qualified to do business in California and maintaining an agent for se+;vice of prgcess within the state. Such insurance carrier shall maintain a current A.M`Best.ratn6 classification of "A-" or better, and a financial size of"$10 million to $24 millttarl (Class V) or better," or 2. A Lloyds of London program provided by syndicates of Lloyds of London and other London insurance carriers, providing all participants are qualified to do business in California and the policy provides for an agent for service of process in California. E. Certificates of insurance shall be filed with SANDAG. These polities shall be primary insurance as to SANDAL so that any other coverage held by SANDAG shall not contribute to any loss under Grantee's insurance. Insurance policies shall not be canceled without first giving thirty 28 139 of 554 (30) days advance written notice to SANDAG. For purposes of this notice requirement, any rnaterial change in the policy prior to its expiration shall be considered a cancellation. XVII. INDEMNIFICATION AND HOLD HARMLESS A. Generally. With regard to any claim, protest, or litigation arising from or related to the Grantee's performance in connection with or incidental to the Project or this Agreement, Grantee agrees to defend, indemnify, protect, and hold SANDAG and its agents, officers, Board members, and employees harmless from and against any and all claims, including, but not limited to prevailing wage claims against the Project, assertea or established liability for damages or injuries to any person or property, includingAniury to the Grantee's or its subgrantees' employees, agents, or officers, which arise from or are connected with or are caused or claimed to be caused by the negligent, reck e ; °r:/viitful acts or omissions of the Grantee and its subgrantees and their agents, officers, or.emplay es, in performing the work or services herein, and all expenses of investigatirfg and defending, against same, including attorney fees and costs; provided, however, thd`t the Grantee's duty tp indemnify and hold harmless shall not include any claims or liability arising from, the establi ed sole negligence or willful misconduct of SANDAG, its Board of hectors, agents, officers, ortployees. \. B. Intellectual Property. Upon request by SANDAG,.,the Grantee agrees to indemnify, save, and hold harmless SANDAG and ip s'Board of Director'Qffiters, agents, and employees acting within the scope of their officiat\dut-40 against any liab Iity, including costs and expenses, resulting from any willful or intectional 'Violation by the; Grantee of proprietary rights, copyrights, or right of privacy, ariking out off -the publication, translation, reproduction, delivery, use, or disposition of any daia furnished under-' the: Project. The Grantee shall not be required to indemnify SANDAG for any such/liability caused solely by the wrongful acts of SANDAG employees or agents. c XVI II. INDEPENDENT*CO1111TRACTWR_ A. Status of Grantee:`Crantee slialferform the services provided for within this Agreement as an independent contra or, and not Aan employee of SANDAG. Grantee shall be under the troi of SA,ND„AG as too result to be accomplished and not the means, and shall consult e with SANDAG as jrovided fo' n the Scope of Work. The payments made to Grantee pursuant o this Agreement hall be the yii and complete compensation to which Grantee is entitled. S11DAG shall not make any federal or state tax withholdings on behalf of Grantee. SANDAG shall` n,ot be required to pay any workers' compensation insurance on behalf of Grantee. Grantee -agrees to irdernnify SANDAG for any tax, retirement contribution, social security, overtime Payment or workers' compensation payment which SANDAG may be required to make on behalf of Grantee or any employee of Grantee for work done under this Agreement. 4,, B. Actions on behalf of SANDAG. Except as SANDAG may specify in writing, Grantee shall have no authority, express or implied, to act on behalf of SANDAG in any capacity whatsoever, as an agent or otherwise. Grantee shall have no authority, express or implied, to bind SANDAG or its members, agents, or employees, to any obligation whatsoever, unless expressly provided for in this Agreement. 140 of 554 XIX. 5EVERABILITY AND INTEGRATION If any provision of the Agreement is determined invalid, the remainder of that Agreement shall not be affected if that remainder would continue to conform to the requirements of applicable laws or regulations. This Agreement represents the entire understanding of SANDAG and Grantee as to those matters contained in it. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by SANDAG and the Grantee. XX. PROJECT MANAGER } ,r. The Grantee has assigned [INSERT PROJECT MANAGER NAMEjas the Project Manager for the Project. Project Manager continuity and experience is deemed -essential in Grantee's ability to carry out the Project in accordance with the terms of this Agreement. Grantee shall not change the Project Manager without first providing written notice to-SANDAG. XXI. NOTICE Any notice or instrument required to be given or delivered) this Agreement - Tay be given or delivered by depositing the same in any United Statesikast Office, registered or certified, postage prepaid, addressed to: San Diego Association of Governments 401 B Street, Suite 800 San Diego, CA 92101 Attn: Susan Baldwin / Suchi Mukherjee Grantee: [LOCAL AGENCY NAM , [LOCAL AGENCY ADt RE55] Attn: [LOCAL AGENCYOJECT MANAGER] Notice shall b,e-effective u pen receipt thereof. Note, SANDAG 'Cgntracts S12..ff: After receiving this original agreement back from the Grantee and before ring thepriginal agreement for final SANDAG "wet- signatures, con?irn with SANDAGfinanceandi Planning staff that the applicable RT1P has been approverL 141 of 554 XXII. SIGNATURES The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. !N WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. { SAN DIEGO ASSOCIATION OF GOVERNMENTS [INSERT JURISDICTION] GARY L. GALLEGOS OR DESIGNEE Executive Director APPROVED AS TO FORM: Office of General Counsel ter. 1i ull.Name] ITitle] AP ROVED AS TO FORM: Full Name] jTitle] `� 142 of 554 ATTACHMENT A SCOPE OF WORK, SCHEDULE, AND APPROVED PROJECT BUDGET Project Location (SPECIFIC PROJECT LOCATION INCLUDING JURISDICTION, COMMUNITY, NEIGHBORHOOD, CORRIDORS, AND INTERSECTIONS) Project Description [PROJECT TYPE (DESIGN AND/OR CONSTRUCTION, MASTER PLAN, ETt), TYPES OF IMPROVEMENTS/RECOMMENDATIONS, PROJECT GOALS] (INSERT SCOPE, SCHEDULE AND APPROVED PROJECT BUDGET) TrahsNet.MPO ID NO. 143 of 554 ATTACHMENT B .51111C COMPETITIVE GRANT PROGRAM PROCEDURES Applicability and Purpose of Policy BOARD POLICY NO. 03 5 This Policy applies to all grant programs administered through SAi}.DAG, whether from TransfVer or another source, including but not limited to the Smart Growth inventive Program, Environmental Mitigation Program, Bike and Pedestrian Program, Senior. Mini Grant 'Program, Federal Transit • Administration grant programs, and Active Transportation 'Grant Program, - Nothing in this Policy is intended to supersede federal or state grant rules, regulations, statutes, or contract documents that conflict with the requir�-rnents in this/Policy. There're never enough government grant funds to pay for all of the projectstvvorthy,b`f funding in the 5`a) Diego region. For this reason, SANDAG awards grant funds on a compbi tine basis that takes the grantees" ability to perform their proposed project on aetimely basis into acCopntSANDAG intends to hold grantees accountable to the project schedules' they -have proposed order to ensure fairness in the competitive process and encourage grantees i�et`their project-4mplemented quickly so that the public can benefit from the project deliver bles as so"n as possible. , Procedures 1. Project Milestone and Completion Deactlrnes 1.1. When `sjgning a,grant agreemept for a competitive program funded andfor administered by?` CA' , tart.recipients klyst agree to the project delivery objectives and schedules in -the ag inent. In additi_pn, a grantee's proposal must contain a schedule that fls within;the following deadlines. Failure to meet the deadlines below may result in -` revocation oral' -grant funs not already expended. The final invoice for capital, planning, or operations grants must best.brnitted prior to the applicable deadline. \ 1.1.1. Funding for Capital Projects. If the grant will fund a capital project, the project must be completed according to the schedule provided in the grant `Agreement/gut at the latest, any necessary construction contract must be awarded vwiftiin to years following execution of the grant agreement, and construction muss, a completed within eighteen months following award of the construction contract. Completion of construction for purposes of this policy shall be when the prime construction contractor is relieved from its maintenance responsibilities. If no construction contract award is necessary, the construction project must be complete within eighteen months following execution of the grant agreement. 1.1.2. Funding for Planning Grants. if the grant will fund planning, the project must be completed according to the schedule provided in the grant agreement, but at the latest; any necessary consultant contract must be awarded within one year following execution of the grant agreement, and the planning project must be 33 144 of 554 complete within two years following award of the consultant contract. Completion of planning for purposes of this policy shall be when grantee approves the final planning project deliverable. If no consultant contract award is necessary, the planning project must be complete within two years of execution of the grant agreement. 1.1,3 Funding for Operations Grants. If the grant will fund operations, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary services contract for operations must be awarded within one year following execution of the grant agreemerfc, and the operations must commence within six months following award of tile operations contract. If no services contract for operations is necessary, the,bperations project must commence within one year of execution of the grant agr meat ..„ 1,1.4 Funding for Equipment or Vehicle's Grants. If the tj.cant.will fund equipment or vehicles, the project must be completed .according to the schedule provided in the grant agreement, but at the latesVany necessary purchase con'acts for equipment or vehicles must be awarded within. one year following executlQn of the grant agreement, and use of the equipment or veh.i. es for the benefit of he public must commence within six months following award of the purchase contract. • 2. Project Milestone and Completiop De .line.Extensions •.. 2.1. Schedules within grant ag ementsy include prbl.gct scopes and schedules that will identify interim milestones in ddition �t those described in Section 1 of this Policy. Grant recipients mayr eive extensidrs on4heir project chedules of up to six months for good cause. Extensions -Of up to six months aggregate that would not cause the project to miss a completion deadline in Section 1 may be approved by the SANDAG Executive Director. Exte ions beyond six. months a negate or that would cause the project to miss a completion dea e in/Section 1 must belaDproved by the Policy Advisory Committee that has been delegatehe necessary hor ty by the Board. For an extension to be granted under this Section 2, t following conditions must be met: 2.1.1. For extension.: requests of up to six months, the grantee must request the extension in writing to$1 a SANDAG Program Manager at least two weeks prior to the earliest project schedule milestone deadline for which an extension is being requested. The Executive Director or designee will determine whether the extension \should be granted. The Executive Director's action will be reported out to the Board inollovyi ig rnonth's report of delegated actions. 2.1.2. \A grantee seeking an extension must document previous efforts undertaken to maintain the project schedule, explain the reasons for the delay, explain why the delay is unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee proposes. 2.1.3. If the Executive Director denies an extension request under this Section 2, the grantee may appeal within ten business days of receiving the Executive Director's response to the responsible Policy Advisory Committee by sending the appeai to the SANDAG Program Manager. 34 145 of 554 2.1.4. Extension requests that are rejected by the Policy Advisory Committee will result in termination of the grant agreement and obligation by the grantee to return to SANDAG any unexpended funds within 30 days. Unexpended funds are funds for project costs not incurred prior to rejection of the extension request by the Policy Advisory Committee. 3. Project Delays and Extensions in Excess of Six Months 3.1. Requests for extensions in excess of six months, or that will cause a project to miss a completion deadline in Section 1 (including those projects,:ffhat were already granted extensions by the Executive Director and are again faRi g, behind schedule), will be considered by the Policy Advisory Committee upon request to the SANDAG Program Manager. 3.2 A grantee seeking an extension must d6cument previous, efforts undertaken to maintain the project schedule, explain the rea‘ons for the delay, explain why the delay is unavoidable, and demonstrate an ability toducceed in the extended tit a frame the grantee proposes. The grantee must provide the necssary inforrtion to SAND, staff to place in ific a report to the Policy Advisory Committee. If:sui4 t,time is available, -...and the grant utilized TransNet funds, the request will first`'be: taken to the Independent Taxpayer Advisory Committee (ITOC) for a_ recommenda``tton. The grantee should make a representative available at therm, tmg-:to present `tie "information to, and/or answer questions from, the ITOC and Policy Advissty Cormittee. 3.3 The Policy Advisory Commit e will o igrant an extension under this Section 3 for extenuating circumstances that the grantee ould not have reasonably foreseen. � 4. Resolution andr Execution'of the Grant Agreement 4.1 Two wee;lrs prior,t'o. t#se-review by.the Policy Advisory Committee of the proposed grants, prospects e,grat1tees"mus soomit.a resolution from their authorized governing body thati> cTudes"the pro vs{ons in this Subsection 4.1. Failure to provide a resolution that meets th requirements in this Subsection 4.1 will result in rejection of the application and the application will -be dropp\erl from consideration with funding going to the next project as scored by the evalyatian cornipittee. In order to assist grantees in meeting this resolution `deadline, when SANDAG issues the call for projects it will allow at least 90 days for grant appj;cation submission 4.1,1. Grantee governing body commits to providing the amount of matching funds sef}forth in the grant application. 4.1.2Grantee governing body authorizes staff to accept the grant funding and execute a grant agreement if an award is made by SANDAG. 4.2 Grantee's authorized representative must execute the grant agreement within 45 days from the date SANDAG presents the grant agreement to the prospective grantee for execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation of the grant award. 146 of 554 5. Increased Availability of Funding Under this Policy 5.1. Grant funds made available as a result of the procedures in this Policy may be awarded to the next project on the recommended project priority list from the most recent project selection process, or may be added to the funds available for the next project funding cycle, at the responsible Policy Advisory Committee's discretion. Any project that loses funding due to failure to meet the deadlines specified in this Policy may be resubmitted to compete for funding in a future call for grant applications. Adopted: January 2010 Amended: November 2014 147 of 554 ATTACHMENT C PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS Capital Grants 1. Contact Information: Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Baseline Data Collection: Prior to the construction of grant -funded improvements, the Grantee is responsible tor developing a baseline data collectfi plan with SANDAG to gather information on pedestrian and bicyclist activity. At a miniuna,: data should be collected for observed bicycle and pedestrian volumes, behavior, and attic des in th project area. Once the data collection plan is approved by SANDAG staff, the Gran* is `responsiblo,for carrying out the plan and returning collected data to SANDAG as a delivel`able: Standardized'forms required for data collection will be provided by SANDAG. Grantees are encouraged to use the National Bicycle ancedestrian Docunieitation Project methodology and plan for the following: • Conduct counts prior to proje4.corjstruction, during ftilational Documentation Days in the second week of September. Suppjeniflary counts anca,surveys can be conducted during January, May, and July to provideasonal`data, if desired. `• • 19 Conduct counts for two hours, at p6ak times elatiVe to the facility. For example, facilities attracting utilitarian trips -should be izpurited on a Tuesday, Wednesday, or Thursday from 5 to 7 p.m., w ereas f c lees attracting:yecreational trips should be counted on a Saturday, from 9 to 11 . In the case that the abbve.tirteframes are .deem?d infeasible due to the project schedule, the Grantee and—SANDAG coilaborate`"Q`an>alternative data collection methodology and procedure y. A s► oset of Grantees maybe selected for in-depth evaluation by SANDAG., in which case, SANDAG will co -Rd -Kt the data collegian 3n effortwith required participation from Grantee staff. Such in-depth evaluatibrk conducted by E SANDAG will take place solely for the purpose of SANDAG Active Transportation data/collection and monitoring efforts, and will not impact Grantees' budgets. N., .4. Grantees should pla to budget five thousand dollars ($5,000) for data collection. For questions or assistance with datacollection, contact Christine Eary at Christine.Eary@sandag.org, or (619) 699-6928. 3. Design Development arid Community Meetings: Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of all design development and community meetings, and a meeting summary following the meeting, SANDAG staff may attend any meetings as appropriate. 148 of 554 4. Plan Review; Grantee must submit project design drawings and cost estimates (if available) to SANDAG for review and comment at 30 percent, 60 percent, 90 percent, and 100 percent. SANDAG staff may meet with the Grantee to comment on submitted plans and assure substantial conformance. SANDAG may comment on submitted plans regarding: • Whether they are consistent with the Project proposed in the original grant application, and • Consistency with accepted pedestrian/bicycle facility and smart growth design standards. 5. Quarterly Reports and Invoices: Grantee must submit quarterly, reports and invoices to SANDAG. detailing accomplishments in the quarter. anticipated prbryess next quarter, pending issues and actions toward resolution, and status of budget and schedule. Furthermore, the Grantee agrees to provide project milestone information (such as prese tatIons.to community groups, other agencies, and elected officials, ground-breakings, and ribboncuttings) . to support media and communications efforts. �. 6. Media and Community Outreach Coordinatiot: Press materials shall be.,provided to SANDAG staff before they are distributed. SANDAG logo(s)'should be incl; ed in press 'materials and other project collateral. Furthermore, the grantee agrees`tp provide` project milestone-xinformation to support media and communications efforts. 7. Photo Documentation: Grantees afe responsible for the following photo documentation: • Before and after photos, which 'should tie.Aaken from similar angles to showcase how a particular area has been transformed over time • Project milestonefphotos:(such as groupd-I eakings and ribbon -cuttings). • Photos taken throughout construction Phases and throughout the length of the project. Photos should beljgh resolution _(at least 4 inches by 6 inches with a minimum of 300 pixels per inch) and contain captionsvOrth project descriptions, dates: locations; and the names of those featured, if appropriate:__ 8. Project. Signage:...Bach projeg�or program in excess of $250,000 funded in whole or in part by revenues from the Tra;i0let Extens'rQn Ordinance shall be clearly designated during its construction or implementation as beii-c provided y such revenues. SANDAG will provide sign specifications. Granteeagrees to follow sign specifications and submit proof files to SANDAG for approval before printing. A*. 9. Performancm,Monitpfring: SANDAG staff may measure performance of the constructed capital improvements against stated project objectives, and evaluate the overall grant program. Grantee is expected to meet wit .SANDAG staff to identify relevant performance measures and data sources, and provide available data and feedback regarding the program as appropriate. 149 of 554 Planning and Non -Capital Grants 1. Contact Information. Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Request for Proposals and Consultant Selection. Upon request by SANDAG, Grantee must submit consultant draft Request for Proposals to SANDAG staff for -.review and comment for consistency with the agreed upon Scope of Work with SANDAG (Attment A). 3. Quarterly Reports. Grantee must submit quarterly/reports to SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter pending issues and actions toward resolution, and status of budget and schedule. `' 4. Stakeholder and Community Meetings. Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of all stakeholder and commuMV .Meetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings s appropriate. 5. Media and Community Outreach Coordination. PrePres,-.s materials shall be provided to SANDAG staff before they are distributed. SANQAG. Ingo(s) should bOneluded iri press materials and other project collateral. Furthermore, the Grantee,agres to provide, project milestone information to support media and communications effors: 6. Photo Documentation. Grantees are responsible #tier the..follow.ing photo documentation: • Existing conditions photos, which should illustrate the current conditions of the project site and demonstrate the need.,for improved+ acilities • Project miles*e photos such as workiops, presentations to community groups, other agencies, and eldd officials.) Photos should -be high resolu on (at least 4-inches by 6 inches with a minimum of 300 pixels per inch) arfd:'contain—captions wi project descriptions, dates, locations, and the names of those feati red, if appropriate:. 150 of 554 ATTACHMENT D QUARTERLY REPORT AND INVOICE FORMS TransNet Smart Growth Incentive Program and TransNetiTDA Active Transportation Grant Program Quarterly Report • s Report Submittal Date: [Insert] Reporting Period: [Insert - Example: FY 2014, Quarter 1] PART 1: DESCRIPTION OF ACTIVITY FOB REPORTING PERIOD f 1. Work Accomplished This Reporting Period [INSTRUCTIONS: Replace this test with a detaileQl description of work completed and underway during the reporting Oertod,ln a bullet for reference specific tasks.] Example: 1 • 1 • Task 1 - Awarci;".Consultant Cdfttract:Aued RFRrid `convened a selection panel of 5 members:fi*the1City, MTS, TkITCPrand SANDAG-to shortlist 3 of 9 firms. The panel intervjewed the rips and sel cted XYZ Group for this project. The City Council x apprbd the consultant contractith XYZ Group on January 1, 2014. City staff held a kick-o rneeting`on Thnuary 10, 14. • Task 2 - ah ` Dutreaci " City staff and XYZ Group began organizing the first - workshop for tS project. the riticipated date of the first workshop will be in the februaryiMarch .014 timeframe. • Task 3 .f s ``1 • Task 4 - Et 2. Detitvetables Produtced This Reporting Period r • IINSTRUCTiONS: iammarize the deliverables produced during this period and indicate the date submitted to SANDAG. Deliverables can be submitted as an attachment to this report. See Item 5 for'ore details.] Example: 4 Final RFP - Submitted in December 2014. • Approved Consultant Contract and Kick -Off Meeting Notes - Submitted with this report. Please see accompanying list of attachments. 3. Is there an accompanying invoice for this period? 151 of 554 [INSTRUCTIONS: Indicate YES or NO.] 4. Work Anticipated for the Next Reporting Period [INSTRUCTIONS: Replace this text with a brief description of work anticipated for the next reporting period. Also note any upcoming meetings or workshops.] 5. List of Attachments [INSTRUCTIONS: List any deliverables or invoice documents Cached to this report. Attachments over 6MB should be sent via WeTransfer.] ,%` WeTransfer Link: https:l/sandag.wetransfer.corni i Example: • Attachment 1: Consultant Contract • Attachment 2: Kick -Off Meeting Notes • Attachment 3: Invoice Spreadsheet • Attachment 4: Invoice D` c•p rntation PART 2: SCHEDULE AND TASK`STATUS Task . Scheduled Start Date (Per Grant Scope of Work) Scheduled Completion Date (Per Grant Scope of . Work) Status Timing Anticipated Start Date (If Different from Grant Scope of Work) Anticipated Completion Of Different from Grant Scope of Work) NTPate: . Task) ' [mmfdd/yy] N • 4m'rn/dd/y ., `` " [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/dc/yy] [mm/ddfyy] Task 2: Policy No. 035 Milestone ` rnmiddlyy] \\ �. \. `. ,w kim/cld/yy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/dci/yy] [mm/dd/yy] Task 3: Policy No. 035 Milestone [mm/ddlyy] [mmfdd/yy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/ddiyy] [mm/dd/yy] 41 152 of 554 PART 3: CHALLENGES, SCHEDULE DELAYS, AND AMENDMENT REQUESTS Challenges and Actions Toward Resolution (If applicable) [INSTRUCTIONS: If you are experiencing challenges in completing project tasks, please provide information about the delay and actions taken to resolve issues. if an amendment is needed, provide justification and check the appropriate box below.] ❑ No amendment requested at this time ❑ Amendment requested to*: ❑ Project Schedule ❑ Project Budget ❑ Scope of Work 4r 1\ *Failure to check a box in the above section assumes there is no `actton requested. Amendment requests are subject to SANDAG's approval. It is the Grantees responsibility to en urr compliance with SANDAG Board Policy No. 035: Competitive Grant Program Priocedttres and grant agreement terms and conditions. • PART 4: PROJECT STATUS REPO T S1GPATURE Prepared by • Project ll.nager, yR" Date: 153 of 554 .. . . . . . . . wygggitisTRucTioN§ _ Step 1: Complete tile Qyarlerly 1219,gress Report. Reimbursements cannot be made without a completed Quarterly Progress Report. Step : OatlierfiocumenicitiootOr Staff Ceuta, COnsulta0Contractor Costs, and Other Cost& ....'I, ... 1.• Provide SANDAG with a copy of any consultant and contractor agreements awarded through the gran(' -:- .. ,. . . , ...__ ..._.__._ .. , . . _ __ ._ . . , . ... .. ... .... . .. Staff Costs should be supported by certified payroll documentation .1,0. . .. ... ... .. ... • . ... . . . . .. . . . . . . . . ...II 4 . 4 4 4 • • . r . •• • .. r . .. • . .. _ Consultant costs should be supported by the consultant invoice AND a proof of payment. The prof of pirjrnent can be either a copy of the check provided to the consultantor printout from theproject's financial accounting. system showing that funds werairsburaed 6ntractor costs should be supported by the contractor invoice, schedule of values, ANDAkproof of payment. Re proof Of payment can be either a copy Of the check , provided to the contractor or a printout from the prclects financ;a1 accounting system *dewing that funds Were d rsed. ., :Other costs should be supported by either an invoice from the vendor or a receipt fi,pat) muSt be accompanied by •gi trioof of payment. The proof of payment can be either a .... ____ copyof the check provideckto the vendor or a printout from the projects tnancial4fecounting system showing that. fund;,vvere disbursed. i Clearly idenify (i.e., highlight or circle) all grant -related expenses on documents that iriclude norl-r614tecl costs. . _ ' • .'. \., .. _. . _ _ . Step 3: Complete the Expense Summary. _ .. .. ..- , . . Summarize the total Staff Costs, Consultant/Contractor Costs, and other Costs incurred,during the reporting period. Contrm that you haw ttva adequate documentation, .--.. _ .... .... . _____ ... . . ..... _.. .... . . . , . •• — .,. . . _ .... _ •.. . . ... .. ._________ _ Break clOwn each cost by task. This will help A th the next step to tompfett.-tige imoice statehiprif"-,.. ., . _ ._ „..._ .., . .,._ , ._ . . .. .,_,.. „ .. . Double check and make sure all sub -totals have been calculated conec*,- -"-- Step.4: Complete the Invoice Statement. ,..., % -. Enterthe costs for each task (calculated in Step 3;. into the aporopdate pelf of the [mace atatement.' The SANDAG contribution, Match contribution, and retention ----I amounts should automatically calculate. Enterpraous costs by task into the appropriate cellfieftt.spreadsheeti•lfie rirfurning.gi„ant balance should automatically calcUia.te. ..._ _ _ Step 5: Submit Quarterly Progress Report, Invoice,Ad Supportffig Docu me ritaitanin SANDAG at sgatarantsasandaa.oro / Sign and scan the completed Quarterly Progress Report Subrrd Ft in PDF florin \ .., .., „,.. Sign and scan the invoice statement. Submit it irt PD-.1orpf ----. ________ _ ,Submit suppOrting documentation in PDF form. ' ' -- --... Submit the completed Excel wo -, . ,,,• Files in excess of 6N113 should be submitteikyia: s://sanda .wetiangfer.com • • 43 154 of 554 155 of 554 :PAIT11: STAFF COSTS Personnel :Time Period • Hours Staff Person A rnm/dcllyy to mrn/dd/yy , . Staff Person B mmidd fyy, to mrn/dd/yy Staff Person C _ ,imm/dd/yy to mm/dd/yy [INSERTADCITONAL LINES AS NEEDED' Hourly Rate 10 $ . . _ 10 $ 10: $ Amount 1000O'N$ 1,000.00 10000 $ 1,000.00 d'" 100,00 $ 1 000.00 `.1 Documentation Attached? YES/No - YES/NO YES/NO ,PART 2! CONSULTANT/CONTRACTOR COSTS Consultant/Contractor Consultant XYZ Consultant XYZ Consultant XYZ Outreach Organization ABC [INSERT ADCITONAL LINES AS NEEDED] i Invoice No. • Invoice Date •DescrIption ()Mosta( , Amount 1 1/1.-/2tt14Proftssional sennier,the $ 10,000.00 nianth_of January 2014 \ _ . „ . ... , 2 2/1 /201,4 ' ProfessibriaLservloes for the".,, $ 10,000.00 YES/NO 3 3/1/2 014 P roiessipeth14 r the ::. $ 10,000.00 YES/NO rrIonth ar.c20. - _ ... t.b., 3/1/2014 Outnatch from January 2014 to $ 10,000.00 '1Eitio '...- -'1. N Match.2014 _ . • Documentation Attached? _ . YES/NO 'PARI- 3: OTHE711 COSTS Vendor Vendor A Vendor B Vendor C [INSERT ADDITONAL LINES AS NEEDED] Invoice Date Description of Costs Amount Documentation Attached? 1 111/2014 Printing costs for January 2014 $ 100.00 YES/NO 1 2/1/2014 News Announcement for . . . _ $ 100.00 YES/NO February 2014 Workshop 1 2/28/2014 Snacks for February 2014 $ 100,00 YES/NO Workshop 45 156 of 554 To: :From: TRANSNET SMART GROWTH INCENTIVE PROGRAM INVOICE SUCHI MUKH Jff :SANDAG :40t B Street, Suite 800 San Dlega, CA92101-4231 • Name .Address Project Name: [PROJECTNPME] Contract Number: 500XXX Grant Invoice Number: Billing Period: FRCSM" Inweice Date:: t',9X1 $0.00 Balance RemairstFlg ..' $0.00 Grant Award:. TO ... TASK 1 RFP 2 Existing Conditions Report 3 Public Outreach 4 Draft Plan 5 Final Plan Reimbursed to Date $0.00 $0.00 $0.00 $0.00 $0.00 Previous Balance Match to Date $0.00 $0.00 $0.00 $0.00 $0.00 Total to Date $0 00 $0 00 $000 $0 00 $0 00 Current MMItJDIYYYY to MMJDDIYYYY Staff Costs Consultant or Contractor Costs Other Costs • .. $0 $CI 00.\ $0.00 $0.0• -.. $0.00 .__ " . $0.00 4 $0.00 - ," ,$,0.00 $0.00 $OE bo $0, 00 $0.00 $0.00 Total Expenses SANDAG Tota I This Invoice $0 0.0 $0 00 $0.00 $0 00 $0 00 T.his Invoice $0 00 $0 00 $0 00 $0 00 $0 00 Match Spent This Invoice $0.00 $0.00 $0.00 $0.00 $0 00' Total $0 00 $0 00 $0 00 $0 001 $0 00 Total Project Budget Grant + Match Task 1 $0.00 Task'2 $0.00 Talk 1 $0.00 Tagk 4 ' $0.00 Talk 5: $0.00 VIAL �- $0.00 SANDAG Grant: $0.00 Match: $0.00 SANDAG Contribution, % #DN101 Required Match %' #DIV101 46 $0 00 $0 00 $0 00 $0 00 Tat ! Current Expenditures . _ $0.00_._ _ Total Amount Due this Invoice: $.00 Less 10% Retention: $0.00 ' Match % Met to Dater #DIV101 1 157 of 554 CERTIFICATION OF GRANTEE._ .. _. I hereby that the abate costs were incurred in performance of the work required under the grant and are consistent with the amounts atidenc d by attached supporting documents and e,endituras. Signature Printed Name ara`Tit1 Date 47 158 of 554 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN APPLICATION FOR ACTIVE TRANSPORTATION GRANT PROGRAM (ATGP) FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR THE EL TOYON-LAS PALMAS REGIONAL BICYCLE BOULEVARD PROJECT IN THE AMOUNT OF $1,544,000, ACCEPTING THE TERMS OF THE GRANT AGREEMENT; AND AUTHORIZING THE CITY MANAGER TO ACCEPT THE TRANSNETATGP FUNDS AND EXECUTE A GRANT AGREEMENT WITH SANDAG, IF SELECTED FOR GRANT AWARD WHEREAS, the Legislature and Governor of the State of California have provided funds for the Active Transportation Program ("ATP") under Senate Bill 99, Chapter 359, and Assembly Bill 101, Chapter 354; and WHEREAS, the California Transportation Commission ("CTC") has statutory authority for the administration of the ATP and established necessary procedures; and WHEREAS, the CTC has required in its ATP Guidelines that Metropolitan Planning Organizations ("MPOs") coordinate the competitive selection process to select projects to receive a portion of the ATP funding; and WHEREAS, the San Diego Association of Governments (SANDAG), as the MPO for the San Diego region, is conducting a competitive selection process for the Cycle 3 distribution of ATP funds in the San Diego region; and WHEREAS, SANDAG is required to submit the proposed ranked list of Regional ATP projects and funding recommendations to the CTC for final consideration; and WHEREAS, SANDAG may offer a funding exchange with projects recommended through the Regional ATP competitive selection process which would reduce the administrative burden to local jurisdictions associated with federal funding requirements; and WHEREAS, if a funding exchange is offered to City of National City, the El Toyon — Las Palmas Regional Bicycle Boulevard Project (Project) would be removed from the regional ATP ranking and funded through the TransNet Active Transportation Grant Program (ATGP); and WHEREAS, the SANDAG Regional ATP competitive selection process requires applicants to submit a resolution from their governing body to be considered for TransNet funding in the event a funding exchange is offered; and WHEREAS, City of National City has submitted an application to receive ATP funds for the Project. NOW, THEREFORE, BE IT RESOLVED that if SANDAG offers a funding exchange to City of National City for the Project, City of National City commits to providing $0 in matching funds from sources other than the TransNet ATGP. BE IT FURTHER RESOLVED that City of National City authorizes the City Manager to accept the TransNet ATGP funds and execute a grant agreement with SANDAG, if selected for grant award. 159 of 554 Resolution No. 2016 — Page Two PASSED and ADOPTED this 151 day of November, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill Interim City Attorney Ron Morrison, Mayor 160 of 554 CC/CDC-HA Agenda 11/1/2016 — Page 160 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) authorizing the filing of an application for Active Transportation Grant Program (ATGP) funds through the San Diego Association of Governments (SANDAG) for the Citywide Safe Routes to School 161 of 554 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 1, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the filing of an application for Active Transportation Grant Program (ATGP) funds through the San Diego Association of Governments (SANDAG) for the Citywide Safe Routes to School (SRTS) Pedestrian Enhancements Project in the amount of $1,678,000; 2) accepting the terms of the Grant Agreement; and 3) authorizing the City Manager to accept the TransNet ATGP funds and execute a grant agreement with SANDAG, if selected for grant award. PREPARED BY: Jose Lopez PHONE: 336-4312 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. if grant funds are awarded, staff will return to there is no local match required for this grant ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: DEPARTMENT: Engineering/Public Works APPROVED BY: APPROVED: APPROVED: finance MIS City Council to appropriate funds. It shall be noted that project. FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Conceptual Exhibit 2. Sample Grant Agreement 3. Resolution 162 of 554 EXPLANATION The Citywide Safe Routes to School (SRTS) Pedestrian Enhancements Project will enhance safety for children walking to and from school by eliminating pedestrian barriers identified by a series of comprehensive Community Walk Audits conducted nearby the following seven schools: Palmer Way Elementary, Lincoln Acres Elementary, Otis Elementary, Olivewood Elementary, National City Middle, Granger Jr. High, and Sweetwater High. The project will address these barriers by providing high visibility crosswalks, Americans with Disabilities Act (ADA) compliant curb ramps, corner bulb -outs, pedestrian actuated LED -enhanced crosswalk signs, and new sidewalks. Staff recommends that City Council take the following actions: 1) authorize the filing of an application for Active Transportation Grant Program (ATOP) funds through the San Diego Association of Governments (SANDAG) for the Citywide Safe Routes to School (SRTS) Pedestrian Enhancements Project in the amount of $1,678,000; 2) accept the terms of the Grant Agreement; and 3) authorize the City Manager to accept the TransNet ATGP funds and execute a grant agreement with SANDAG, if selected for grant award. It shall be noted that the Grant Agreement contains provisions required by SANDAG, which have been reviewed and accepted by staff. While one such provision is a "hold harmless" provision, staff has determined that risk to the City is minimal since SANDAG's involvement in this grant -funded project is limited to accounting processes and financial audits. 163 of 554 National City SRTS Pedestrian Enhancements Preliminary Assessment: Key Map 1;• 1. aritewroie• rr-177-N,T, D 0 33 e, PrNy . a' 9 eg ockgqo 00' rr, r, 004% 'Barn r...11M El Tow0 '0 9 6410 71ra-- 4E CP -4 al tIvi3h5.3 Ellown• IP•1114, 0 EC, 4 , Etuao Epttpoo 61315211:4E 13; 12P:e to ?icy e 61n "f I 11( 1.7 11.:1,a — Pro•p7r . • Eark 0 o 'B (4 I.4 aur,tAkki5r1r)%5 acci:ts tail 4 Kimball Community p 4.- o... 9383 rit44-13 , 45 I:: f ,.!. 1 eat,* co/1;Ft . ...,, of pb cark a-1 co I_ , A.11'4.1;1.4 i ?. - — ":-'-- , • 44 2 - 0, '-' ` I El ToyOn Community .6m „...-4.4"1 fr,3----, -Th Filint • , MIN `' dr->a 0 WI ..Li Ile) ' • 0 53 0 isto•U C ...., ,, ,....,..4,. ,, ... 'hp •...1: -.0 0131rmenl•r) i ' pt0CCIS, A 31. 170 R hemy I•J flatAl0i 105111:t 11.0.pra 10;5* 0 2 A e cfpth,..N9a .466.A 8 8, ‘thrithlary • • ,•11 1.,,a• Palm.. CB B fricgatt 1/44 -T131:50WEIL3Rf-- ' 0.5"*Lti ‘:' Las'Pat.=. — (Er t .1iltmearhoy : riasCommitnity punts*. •Ta' Arra. Ft.1, 1 E5PC013°' H r a B • a • D• ocx...eta, ca, Q-415 Tj• ttf.41' tAA.130:0 ir 0•• • gigan Hl s3 la la, co wia+. Lc lutl's ri et. ° Ntf* It P.pruclyplor rfl SRTS Improvements • C•30 A Truncated Domes NIVring MOWN" Inatadastlen • Camel 51thwiallt. hem:mile Reptecereent le.kcing Stelwahr Fogel/aeon we LAM, Weak Time town Rho,* IL mlle1 Attachment D 164 of 554 National City SRTS Pedestrian Enhancements Preliminary Assessment SRTS Recommendations CI RRFB Cub 6tenalnn Curb Extension Curb E.analen C.osardk Crnsswelk Crw.wflk p.e= N 1 leneernmr, (nreeomen) Ifourramen) [Iwonoman) Itheeeornem) fmurcomers' •Gseh I♦Can B 24th Street f Transit Station 8th Street Transit Station .. .I 5 . ' n 2Y rr : 'Td 0y 9 J[ei aQ r :a 9+ L s I Eji .: P a r as m a EN S ^�tFph+ 3 � s�r+.�amY j� :.rl `� it tL�� El3' z o Ntlm6eroTCailAluas r -�.�.• .. l���LSII iv rx El, RI 1 r_ SR TS €mprovements •04, F 7nrre.ted * Sidewalk--_-• Missing ... Derma Ra no- S — S clemik keptnarnard 'retaliation Kimball Community C School Central Elementary John A. Otis Elementary National City Middle Kimball Elementary iS 4.1 ll 25 22 42 2 32 14 37 3 29 13 38 4 29 10 15 1 12 *Collisions Within 10-min W2 Mile] Walk Time from Schools A4-# Pedestrian-132 Bicyclist- 59 165 of 554 National City SRTS Pedestrian Enhancements Preliminary Assessment e r _. SRTS Recommendations IB6S 4-1.71t7 s s 41it). g'm VeB 3o tLraanac$ nlrr.wae4 r7�maalcry 1' j, ^ ata rwr Hit. ri Y . i-a. Palma. CNmantary FEGry 1A i_n s SRTS Improvements Reba Curb Eaten/Ion Curb Eaemlem Crobatansiert Crosswat Crosswalk Crosswalk c. Wee amid Arn wrt+ara? (tour comers) 'two carom' Mrs. comas! (four cement • CAPS as �ti 1 Future South Bay Bus Rapid Transit Station f3—. .40{061. Q a erarmor Junlar . �', f Nlye tnuWr i—J • .Ocmanh. �y m ,74,44,44 1 Tfrrated soma. makaszimeasea 4, Sidewalk Number of Cofalw.a <24 Mtn w>rino ROMP* Parma *Nava R rl.mment MINItlorl InWellede r we Man 2a -4B >60 Walt run• tram Sensor IL mile} Las Palmas Community Olivewood Elementary Las Palmas Elementary Granger Junior High L ncoln Acres Elementary c 13 g IN15 25 4 21 12 14 2 4 19 7 12 1 13 15 B 7 1 11 •GodkelonsWithin 1A-min 1/2Mlle) Walk Time fromSchools • 14, Pedestrian- 58 Bicyclist. 42 rtrwaauarx 3 166 of 554 National City SRTS Pedestrian Enhancements Preliminary Assessment SRTS Recommendations PR M RRF wiCurb Curb Rutiorfou &loftier, flwo corneal our comart4 Pm.a come* Olroa maims) Crosswalk Cross** Hour baron) NAT teirr Yin SRTS Improvements ID Cm. F11=1.1= Cuolil lrungreffel (lames Missing Ronan] Wows Or rtap/acsamont hurtelladon • SideWElk !Aloft VOooluk Installation NI Mlles Wallalken from fthasi. finale) Et Toyon Community Schaal Palmer Way Elementary El Toyon Elementary Uncan Acres Elementary Ira Harbison Elementary 2 .2 ▪ g • .c • .2- ) 7 16 17 6 11 1 10 15 8 7 11 6 2 4 1 3 *Collisions WIthin La -min an Mlle) Walk TFme horn Schools );64( Pedestrian- 38 e'ta Bicyclist- 23 4 167 of 554 GRANT AGREEMENT TEMPLATE — FOR INFORMATION ONLY [SELECT APPLICABLE PROGRAM: TransNet SMART GROWTH INCENTIVE GRANT PROGRAM OR TransNetACTIVE TRANSPORTATION GRANT PROGRAM] THIRD FUNDING CYCLE GRANT AGREEMENT [AGREEMENT NUMBER] BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND [INSERT AGENCY/JURISDICTION NAME'. REGARDING [INSERT FULL PROJECT TIfL-E] THIS GRANT AGREEMENT [AGREEMENT NUMBER] (Agree lent) is made this [Day] day of [Month], 2015, by and between the San Diego Association otGovernrn nts, 401 B Street, Suite 800, San Diego, California, hereinafter referred to as SANDAG,and'the [Gran't!ipient and Address], hereinafter referred to as Grantee. This agreement expifes on [Month] [Day], [Year]. Note to Grant Recipient: This Agreement Tem ,ate covers piaovisions foilkoth the SGIP and ATGP. Prior to contract execution, the GrantAgreemeh`t will be tailorefJ,to reflect the applicable grant program. Note to SANDAG Contracts Staff:: Pror to internal routing, references to SGIP and ATGP should be updated as applicable.: The following recitals are a substantive pail of this Agreement Note to SANDAG Contract Staff: Select Other.-4GIP Recitals or ATGP Recitals. • Smart Growth Incentive Proorm (SLIP) Redtals (A - J): - A. The SANDAG Boarcl of DireCtors1.allocates fulgds under the TransNet local sales tax program to support local transp,.-tatfon-related infrastructure projects in the San Diego region through a competitive process. ' • B. . fhe TransNet Extepsion Ord1ttance contains provisions to fund the Smart Growth Incentive < `Program {SGIP), wii h funding ,elan on April 1, 2008. The SGIP encompasses projects that better. integrate transpo pation aid land use and recognizes the comprehensive effort to interate smart growth place making, access to transit, and environmental justice. C. In Janua12010, the'SANDAG Board of Directors approved Board Policy No. 035 — Competitive Grant ProgPim Procedures (Board Policy No. 035), which is included as Attachment B. This Grant Award, J c reernent and the Grantee's performance thereunder are subject to Board Policy No.35, which includes multiple "use it or lose it" provisions. D. The SANDAG Board of Directors approved programming of approximately $12 million in TransNet funds on December 19, 2014, by Resolution Number [insert Resolution Number]. E. On December 19, 2014, SANDAG issued a Call for Projects from local jurisdictions in San Diego County wishing to apply for a portion of the TransNet SGIP funds for use on capital improvement and planning projects meeting certain criteria. 12 168 of 554 F. Grantee successfully applied for TransNetSGIP funding for the [Insert Project Name], as described in Grantee's grant application. The Scope of Work, Project Schedule, and Approved Project Budget are included as Attachment A. Note to SANDAG Contracts Staff: Before finalizing this agreement for internal SharePoint routing, obtain from SANDAG Finance and Planning staff the TransNet MPO ID required to complete Recital G, below. G. Grantee's Project is funded with [insert dollar amount] in TransNet SGIP funds and the TransNet MPO ID for the Project is [insert ID number]. !�. The purpose of this Agreement is to establish the terms and. -Conditions for SANDAG to provide Grantee with funding to implement the Project.:' 1 i. Although SANDAG will be providing financial assistance -to Grantee to support the Project, SANDAG will not take an active role or retain sub5t+antial control of fhtProject. Therefore, this Agreement is characterized as a funding atfreeirient rather than a cooperative agreement. J. Grantee understands that TransNet funds derive frq,m retail transactions and use tax revenues which fluctuate. SANDAG's funding, commitment to $9P:Projects, including this Project, is subject to these fluctuations, which may impact funding railability for this Project. Ns Active Transportation Grant Program {ATGP) Recitals.. (A - L):.. . A. The SANDAG Board of Directors allocates: fundsAundertfie.TransNet local sales tax program and the TransportatatinDevelopment A t frp jto support -local bicycle and pedestrian transportation prgjectsiri`the San Diego`rpgfon through a competitive process. B. The TransNet Extension Ordinance contains'provisions to fund the Bicycle, Pedestrian, and Neighborhood Sa Pro am (BPNSP.), whit funding began on July 1, 2008. The BPNSP encompasses_ bicycle a pedestriah-travel projects and recognizes the comprehensive effort to.iniegrate smart.growth�piace making; access to transit and environmental justice. C'. ' Article 3 of the TDA? provides'# riding for Bicycle and Pedestrian Facilities and Programs. D. T ether the TransNet BPNSP and TDA Article 3 funding are commonly referred to as the SA 1 G Active Transportation Grant Program (ATGP). E. In January,,2010, th SANDAG Board of Directors approved Board Policy No. 035 — Competitive Grant Progem Procedures (Board Policy No. 035), which is included as Attachment B. This Grant Award,reement and the Grantee's performance thereunder are subject to Board Policy No. 035, which includes multiple"use it or lose it" provisions. F. The SANDAG Board of Directors approved programming of approximately $3 million in both TransNet and TDA funds on December 19, 2014, by Resolution Number [insert Resolution Number]. G. On [December 19, 2014], SANDAG issued a CaII for Projects from local jurisdictions in San Diego County wishing to apply for SANDAG ATGP funds for use on capital improvement and planning projects meeting certain criteria. 13 169 of 554 H. Grantee successfully applied for ATGP Funding for the [insert Project Name] (Project), as described in Grantee's grant application. The Scope of Work, Project Schedule, and Approved Project Budget are included as Attachment A. Note to SANDAG Contracts Staff: Before finalizing this agreement for internal routing, obtain from SANDAG Finance and Planning staff the TDA Claim Number or TransNet MPO ID required to complete Recital 1, below. I. Grantee's Project is funded with [insert dollar amount] in ATGP funds, which includes [insert dollar amount] in TransNet BPNSP funds and [insert doiiar amouptt] in TDA funds, and the TransNet MPO ID for the Project is [insert ID number] and thel A,Ciairn Number is [insert claim number]. J. The purpose of this Agreement is to establish the terms arld.co4iitions for SANDAG to provide Grantee with funding to implement the Pr. ject.' K. Although SANDAG will be providing financial.ass+stance to Grantee to support the Project, SANDAG will not take an active role or retairiissubstantial co xtrol of the Proj#tt. Therefore, this Agreement is characterized as a funding ag're rnent,rdtherthan a cooperative agreement. L. Grantee understands that Trans N t funds.derive from retail transactions and use tax revenues which fluctuate. SANDAG funding Comtm m ent to ATGP P{ojects, including this Project, is subject to these fluctuations, which 11ay impact funding availabdity for this Project. NOW, THEREFORE, it is agreed,. as follows: 4. DEFINITIONS . 1 A. Application. the`signed an ldated grant application, including any amendment thereto, with all explanato`xy`supp .rting, andsuppleimentary documents filed with SANDAG by or on behalf of the Granteelnd accepted.4ranproved by SANDAG. Ail of Grantee's application materials, not b-conflict vith this Agreement, are hereby incorporated into this Agreement although fullyset forth herein. B. 'N pproval, AuthoriNatton, CotacUrrence, Waiver. A written statement (transmitted in typewritten hard copy,or electronically) of a SANDAG official authorized to permit the Grantee t to take or orr*t an action required by this Agreement, which action may not be taken or omitted without#eh written permission. Except to the extent that SANDAG determines otherwise'in writing,.such approval, authorization, concurrence, or waiver permitting the performanc ' r omission of a specific action does not constitute permission to perform or omit other similar actions. An oral permission or interpretation has no legal force or effect. C. Approved Project Budget. The most recent statement of the costs of the Project, the maximum amount of assistance from SANDAG for which the Grantee is currently eligible, the specific tasks (including specific contingencies) covered, and the estimated cost of each task, that has been approved by SANDAG. The Approved Project Budget is included in Attachment A. Note to Grant Recipient: Only the applicable grant program will be referenced here. 14 170 of 554 Note to SANDAG Contracts Staff: Choose the appropriate program here. D. [SGIP Funds and Funding. Funding from the TransNet Extension Ordinance for the SGIP.] OR [ATGP Funds and Funding. Funding from the TransNet BPNSP and TDA Article 3 funds.] E. Grantee. The local jurisdiction that is the recipient of [SGIP or ATGP] funding under this Agreement. F. Notice to Proceed means a written notice from SANDAG issued to the Grantee authorizing the Grantee to proceed with all or a portion of the work describes" in the Scope of Work. Grantee shall not proceed with the work and shall not be eligible to receive payment for work performed prior to SANDAG's issuance of a Notice to Peoceed, G. Subgrantee, Any contractor or consultant, at any tier{.Maid ditactly or indirectly with funds flowing from this Agreement for the Project. II. PROJECT IMPLEMENTATION A. General. The Grantee agrees to carry out theN 1. Project Description. Grantee agrees to Scope of Work included as ttachmentA t oject as follows: perfo m the work as described in the 2. Effective Date. The effective date this AgreementOr any amendment hereto is the date on which this Agreemeniter.an arren iment.is fully`executed, The Grantee agrees to undertake Project work prom by after r'eceiui ig a -Notice to Proceed from SANDAG. 3, Grantee's pac_ity:. The Grantee,agiees to maintain or acquire sufficient legal, financial,'fechnical, aid managerial•; capacity to: (a) plan, manage, and complete the Project arAcl ;provide for the use of any Project property; (b) carry out the safety and security asps of Vie Project; and (c) omply with the terms of the Agreement and all • applicable laws,_regulation`;-and.policies pertaining to the Project and the Grantee, including but nalinitted to the'Dr sNet Extension Ordinance and Board Policy No. fl35`�-. `• Project Schedule. The ntee agrees to complete the Project according to the Project Scheduf Included in Attachment A and in compliance with Board Policy \ No. 035, as amended, and included as Attachment B. 5. Prbject.Implen entation and Oversight. Grantee agrees to comply with the Projettjmpferrientation and Oversight Requirements, included as Attachment C, and Board Poitcy.No. 035, as amended. 6. Changes to Project's Scope of Work. This Agreement was awarded to Grantee based on the application submitted by Grantee, which contained representations by Grantee regarding project parameters, project proximity to transit, and other criteria relevant to evaluating and ranking the Project based on SANDAG [SLIP or ATGP] scoring criteria. Any substantive deviation from Grantee's representations in the Application during project implementation may require reevaluation or result in loss of funding. if Grantee knows or should have known that substantive changes to the Project will occur or have occurred, Grantee will immediately notify SANDAG in writing. 15 171 of 554 SANDAG will then determine whether the Project is still consistent with the overall objectives of the [SGIP or ATGP] and whether the changes would have negatively affected the Project ranking during the competitive grant evaluation process. SANDAG reserves the right to have [SGIP or ATGP] Funding withheld from Grantee, or refunded to SANDAG, due to Grantee's failure to satisfactorily complete the Project or due to substantive changes to the Project. 7. Media and Community Outreach Coordination. The Grantee agrees notify SANDAG of any media and community outreach efforts, including presentations to community groups, other agencies, and elected officials. The grantee agrees to assist SANDAG with media or community events related to tieProject, such as ground breaking and ribbon cutting. Press materials shall beirovided to SANDAG staff before they are distributed. SANDAL logo(s) should be iruded,iri:press materials and other project collateral, but may never be included in Stich docuthents without advance approval from SANDAG. As part of the quarterly reports submitted:to SANDAG}.the Grantee grees to provide project milestone information to support°iedia anc iomrnunications efforts, SANDAG reserves the right to use the information pro ided)ty the Grantee for any combination of the following, including but not limited topcia1 media posts, online photo albums, videos, press releases, PowOoin't.presentations,web updates, newsletters, and testimonials. In submitting p' ofts to SANDAG, the 3 antee agrees to release the rights of the photos to SANDAG forts use . 8. Project Signage and Designatjon of T nsiJetFunded Facilities. Each capital project in ex5efs of $250,000 fundgd in Thole or in part by revenues from the TransNet Extension, rdinance, hall be clearly,,designated during its construction or implemejitation as berg provided by revenues from the TransNet Extension Ordinance. Grantee agr s to. iow the Project Signage Specifications. SANDAG will provide sign specifications. rant-eeagrees tQ follow'sign specifications and submit proof files to SANDAG for apprb rai before priri=tng Baseline Dta Collei41 For capital projects, Grantee is required to coordinate with SANDAG staffsin:the dev p"ment of a baseline data collection plan in accordance with the Project Implementation and Oversight Requirements. B. Applic'aon of LawS Should a federal or state law pre-empt a local law, regulation, or the TransNet'E,tension rdinance, the Grantee must comply with the federal or state law and implementirig,regu]ations. No provision of this Agreement requires the Grantee to observe or enforce compliance with any provision, perform any other act, or do any other task in contravention of federal, state, territorial, or local law, regulation, or ordinance. If compliance with any provision of this Agreement violates or would require the Grantee to violate any law, the Grantee agrees to notify SANDAG immediately in writing. Should this occur, SANDAG and the Grantee agree that they will make appropriate arrangements to proceed with or, if necessary, terminate the Project or affected portions thereof expeditiously. 4f �. : 172 of 554 C. Notice Regarding Prevailing Wages. SANDAG's [SGIP or ATGP] Grants are funded with TransNet revenues consistent with the TransNet Extension Ordinance adopted by the voters in November 2004 (SANDAG Ordinance 04-01). Although SANDAG Ordinance 04-01 does not require payment of prevailing wages, California law may require that Grantee's public works projects pay prevailing wages for workers. Grantee acknowledges that SANDAG has strongly encouraged Grantee to seek legal counsel regarding whether the Project will be subject to prevailing wage laws consistent with Labor Code Section 1720, et seq. This Agreement requires Grantee's compliance with all federal, state, and local laws and ordinances as applicable. U. Significant Participation by a Subgrantee. Although the, rantee may delegate any or almost all Project responsibilities to one or more subgrantees, the, Grantee agrees that it, rather than any subgrantee, is ultimately responsible far'compla.once with all applicable laws, regulations, and this Agreement. E. Third Party Contracting. Grantee shall not avr8rd contracts over three:thousand dollars ($3,000) on the basis of a noncompetitive prgiurement for work to be pelormed under this Agreement without the prior written approvail SANDAG-Contracts award ,d by Grantee, if intended as local match credit, must meet the r qub`remtsset forth in this Agreement regarding local match funds. 1. If Grantee hires a consultantto carry out professional services funded under this Agreement, Grantee shall`.Nerepa`re-. nIndependen ost Estimate (ICE) prior to soliciting proposals; publicly`advertise'forcvmpeting proposals for the work; use cost as an evaluation factor Pi, selectinit-he consultant; document a Record of Negotiati(RON) establishing,tha,te amount paid by Grantee for the consultant service is.fair anrd. reasonable; 4951 pass through the relevant obligations in this Agreement to the onsultant. 2. If Grantee.;hiresa`contractor to carry out construction services funded under this Agreement;-rantee shall: -prepare an ICE (e.g., a construction cost estimate) prior to soliciting ..bids*blicly advertisHor competing bids for the work; award the work to the Iow strespons ve and responsible bidder; document a RON establishing that the amount pad by Grantee for the construction services is fair and reasonable; and pass throuq'h the relevant obligations in this Agreement to the contractor. F. Grantee's Responsibility to Extend Agreement Requirements to Other Entities 1. Entlt!es:Affected. Grantee agrees to take appropriate measures necessary to ensure that al1Trolect participants comply with all applicable federal laws, regulations, and policies afecting Project implementation. In addition, if an entity other than the Grantee is expected to fulfill any responsibilities typically performed by the Grantee, the Grantee agrees to assure that the entity carries out the Grantee's responsibilities as set forth in this Agreement. 2. Documents Affected. The applicability provisions of laws, regulations, and policies determine the extent to which those provisions affect an entity (such as a subgrantee) participating in the Project through the Grantee. Thus, the Grantee agrees to use a 17 173 of 554 written document to ensure that each entity participating in the Project complies with applicable laws, regulations, and policies. 3. Fiowdown. The Grantee agrees to include in each document (subagreement, lease, third -party contract, or other) any necessary provisions requiring the Project participant (third -party contractor, subgrantee, or other) to impose applicable laws, Agreement requirements and directives on its subgrantees, lessees, third -party contractors, and other Project participants at the lowest tier necessary. G. No SANDAG Obligations to Third -Parties. In connection withAte Project, the Grantee agrees that SANDAG sha!l not be subject to any obligations crAl b ;hies to any subgrantee, lessee, third -party contractor, or other person or entity thatfs not a party to the Agreement for the Project. Notwithstanding that SANDAG may have'onciurred in or approved any solicitation, subagreement, lease, or third -party contras at any ter, SANDAG has no obligations or liabilities to any entity other than the Grantee, incluilrig any subgrantee, lessee, or third -party contractor at any tier. H. Changes in Project Performance. The Grantee agrees to,flotify SANDAGIrnrr]ediately, in writing, of any change in local law, conditions (inr4urling°fts legal, financial, or -technical capacity), or any other event that may adversely affect the Grantee's ability to perform the Project in accordance with the tees of. the Agreemen nd,as required by Board Policy No. 035, The Grantee also agrees to niatifiSANDAG immediately, in writing, of any current or prospective major dispute, breach, default,-or]itigation tha`t`tay adversely affect SANDAG's interests in the Project and agrees t ;inform S NDAG also in writing, before naming SANDAG as a party to litigation for anyreason,..i an Brut i; At a minimum, the Grantee agrees to send each-noticeto.SANDAG Required by this subsection to SANDAG's Office of General Counsel' Standard of Caere. The Graptee expressly warrants that the work to be performed pursuant to this Agreement all be performed in accordance with the applicable standard of care. Where_approval by 5 NDAG; its Executive Director, or other representative of SANDAG is indicated_in tlhe Scope ofWork, it is understood to be conceptual approval only and does not ,relieve the G ante of respoisibility for complying with all laws, codes, industry standards, f and liability for dam ages caus ry negligent acts, errors, omissions, noncompliance with industry standards, or, the willful misconduct of the Grantee or its subgrantees. ETHICS A. Grantee Code of/Conduct/Standards of Conduct. The Grantee agrees to maintain a written code`if conduct or standards of conduct that shall govern the actions of its officers, employees, council or board members, or agents engaged in the award or administration of subagreements, leases, or third -party contracts supported with [SG!P or ATGP] Funding. The Grantee agrees that its code of conduct or standards of conduct shall specify that its officers, employees, council or board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential subgrantee, lessee, or third -party contractor at any tier or agent thereof. The Grantee may set de miniimis rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value. The Grantee agrees that its code of conduct or standards of conduct shall also prohibit its officers, employees, board members, or agents from using their respective 18 174 of 554 positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain. As permitted by state or local law or regulations, the Grantee agrees that its code of conduct or standards of conduct shall include penalties, sanctions, or other disciplinary actions for violations by its officers, employees, council or board members, or their agents, or its third -party contractors or subgrantees or their agents. 1. Personal Conflicts of Interest. The Grantee agrees that its code of conduct or standards of conduct shall prohibit the Grantee's employees, officers, council or board members, or agents from participating in the selection, award, or administration of any third -party contract or subagreement supported by [SGIP pf} TGP] Funding if a real or apparent conflict of interest would be involved. Such alt'`c)n.firct would arise when an employee, officer, board member, or agent, including any member of his or her immediate family, partner, or organization that etipioys or intends to employ, any of the parties listed herein has a financial interest.ini.firm cor%eting for award. 2. Organizational Conflicts of Interest. The Grantee agrees that 4ts code of conduct or standards of conduct shall include procdures for identifying and *venting real and apparent organizational conflicts of interest.; An organizational confliof interest exists when the nature of the work to be performed under a proposed third -party contract or subagreement may, without some restrictions on future activities, result in an unfair competitive advantage to,the third-par't contractor or subgrantee or impair its objectivity in performing e.eo.tractw ork. yi�TlS �.i B. SANDAG Code of Conduct. SANDAGi.has established -policies concerning potential conflicts of interest. These policies apply to Grantee. Fo li avvar.ds by SANDAG, any practices which might result in unI Wfu1 activity are prohibited including,'but not limited to, rebates, kickbacks, or other tnlawfttl considerations. SANDAG staff members are specifically prohibited froi' participating in the selethip process when those staff have a close personal relationship, fartiikrelatior}5hip,-or past (within the last 12 months), present, or potential business or employ ent r‘latioris '1 w1th a Re=.son or business entity seeking a contract with SANDAG: itis-unlawf li €arany contract,,to be made by SANDAG if any individual Beard merber or staff has a prohibited f nanciai interest in the contract. Staff are also ,Prohibited fromi`spliciting o ccepting gratuities from any organization seeking funding from SANDAG. SANDAG S officers, eh ployees, agents, and Board members shall not solicit or accept gifts, gratuitie'ss favors, or`anything of monetary value from consultants, potential contants, or parties.to subagreements. By signing this Agreement, Grantee affirms that it has nd,knowledge oflan ethical violation by SANDAG staff or Grantee. If Grantee has any reason td believe a;conflict of interest exists with regard to the Agreement or the Project, it should notily,theANDAG Office of General Counsel immediately. C. Bonus or Comkssion. The Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its [SGIP or ATGP] Funding application for the Project. D. False or Fraudulent Statements or Claims. The Grantee acknowledges and agrees that by executing the Agreement for the Project, the Grantee certifies or affirms the truthfulness and accuracy of each statement it has made, it makes, or it may make in connection with the Project, including, but not limited to, the Grantee's grant application, progress reports and invoices. 19 175 of 554 IV. AMOUNT OF FUNDING ASSISTANCE The Grantee agrees that SANDAG will provide [SGIP or ATGP] Funding for the Project equal to the smaller of the following amounts: (a) the Maximum SANDAG Amount Approved of $ _ ; or (b) the amount calculated in accordance with the Maximum Percentage(s) of SANDAG Participation, which is percent (_%). SANDAG's responsibility to make payments under this Agreement is limited to the amounts listed in the Approved Project Budget for the Project. Grantee's estimate in its application for funding from SANDAG for the Project is the amount that forms the basis upon which SANDAG determines the Maximum SANDAG Amount Awarded and Maximum Percentage(s) of SANDAG Participation. V. MATCHING FUNDS Grantee has proposed to provide matching funds for the Project and therefore agrees as follows: A. Duty to Obtain Matching Funds. The Grantee,arees to provide sufficient funds or approved in -kind resources, together with the,$GIP or ATGP] Funding'asnrarded, that will assure payment of the actual cost of each Project activity covered by this Areement. The amount of matching funds and percentage(s) o'•.tnatching unds Grantee sha11 provide are set forth in the Approved Project Budget. The Grantee.agrees to complete all proceedings necessary to provide its share of the -Project costs at drbbe#ore the time the matching funds are needed for Project costs. B. Prompt Payment of Matching Funds. The -Grantee agrees''to.provide the proportionate amount of the matching funds prompJly.as it incurs Project costs or Project costs become due. Each of Grantee's invoices must includitsproMFata tnatchi,ng fund contribution as reflected in the Approved Project Budget, along wit supporting, descriptive and/or explanatory documentation-4or.the matching funds prgvided. C. Reduction of M thing !Ands. The Grantee agrees that no refund or reduction of the amount of matchin ,funds may -be mane.0 nie¢s, at the same time, a reduction of the pro rtionai amount of the [SGIP or AT Pj Funding provided is made to SANDAG in order to maintain the iaxirnum Pcentage(s) of SANDAG Participation. VI. < APPROVED PROJET BUDGET•, Except tb,the extent that SANDAG determines otherwise in writing, the Grantee agrees as follows: The Grantk.and SANDAG hive agreed to a Project budget that is designated the "Approved Project Budget:" The Grantee will incur obligations and make disbursements of Project funds only as authorized by`theApproved Project Budget, An amendment to the Approved Project Budget requires the issuanceof a formal amendment to the Agreement, unless the re -allocation of funds among budget items Or fiscal years that not increase the total amount of the [SGIP or ATGP] Funding awarded for the Project, does not negatively impact the benefits obtained from the Project, and is consistent with applicable laws, regulations, and policies. Priorwritten SANDAG Project Manager approval is required for transfers of funds between Approved Project Budget line items. 176 of 554 VII. PAYMENTS A. Grantee's Request for Payment When Matching Funds Are Required. The Grantee will demonstrate or certify that it will provide adequate matching funds such that, when combined with payments from SANDAG, will cover all costs to be incurred for the Project. Except to the extent that SANDAG determines, in writing, that the Grantee may defer its provision of matching funds for the Project, a Grantee is required under the terms of this Agreement to provide matching funds for the Project and agrees that it will not: 1. Request or obtain matching funds exceeding the amount jugtified by the matching share previously provided. or 2. Take any action that would cause the proportion ofISG P or ATGP] Funding made available to the Project at any time to exceed the. -percent ge authorized by the Agreement for the Project. t• B. Payment by SANDAG. Upon receiving a request for payment and adequate supporting information, SANDAG will make payment, [dr.for projects with TDA fund ng4 authorize the County of San Diego to make payment] for eligible amounts to Grantee withinthirty (30) days if Grantee has complied with the requirements of the,Agreement, including submission of a Quarterly Report which is included as Attachment D, has satisfied SANDAG that the [SGIP or ATGP] Funding requested.,is weeded for Projectpurposes in that requisition period, and is making adequate progress tkward Project -completion consistent with Board Policy No. 035. After the Grantee has demonstrated satisfactory com13lance with the preceding requirements, SANDAG may reimburs the Granthe's apparent allowable costs incurred consistent with the A#Sproved Project B' dget. SANDAG sliaa11 retain ten percent (10%) from the amounts invoiced unta.,satisfactory cirhpletion of work. SANDAG shall promptly release retention amgdnts to Grange following drantee's satisfactory completion of work and receipt of Gran ee's final invoiceand all rec tred documentation. C. Eligible Costs. The-Gfaritee agrccyt} at Project costs eligible for [SGIP or ATGP] Funding mu. ttomply vrith the following requirements, unless SANDAG determines otherwise in w Mting. To be ejigable for 're bursement, Project costs must be: \ 1. Consistent wilt the Projett Scope of Work, the Approved Project Budget, and other provisions of tti Agreement. 2. necessary in order to accomplish the Project. 3. Reasbt abiefor the goods or services purchased. 4. Actual netcosts to the Grantee (i.e., the price paid minus any refunds, rebates, or other items of value received by the Grantee that have the effect of reducing the cost actually incurred, excluding program income). 5. Incurred for work performed, only on a reimbursement basis, after both the Effective Date of the Agreement and following Grantee's receipt of a Notice to Proceed from SANDAG. 177 of 554 6. Satisfactorily documented with supporting documentation which is to be submitted with each invoice. 7. Treated consistently in accordance with generally accepted accounting principles and procedures for the Grantee and any third -party contractors and subgrantees, (see Section 6 Accounting Records). 8. Eligible for [TransNet or TransNet and TDA] Funding as part of the [SGIP or ATGP]. 9. Indirect Costs are only allowable with prior SANDAG approval. Grantee must submit the following documentation as part of the grant applicatio 4nateriais: (1) an indirect cost allocation audit approved by a qualified independen »auditor or (2) the applicant's proposed method for allocating indirect costs in accorda:nce.with OMB guidelines. Indirect cost allocation plans must be reviewed aid renewgd annually. 10. Project generated revenue realized by the Grantee shall be utilised in support of the Project. Project generated revenue and,e Cpenditures, if any, shall a reported at the end of the Agreement period. D. Excluded Costs 1. In determining the amount f [SG:I:P or ATGP] Furtc ng..SANDAG will provide for the Project, SANDAG will exclude: ':7',-_. ' ; ' `a a. Any Project cost incurre&,by the Grantee before either the date SANDAG issues a Notice to Proceed to Graril[ee or the°tffectw e Date of the Agreement or any Amelent thereto; �''. . n x b. Apy cost that is`not included it? the latest Approved Project Budget; = 1 c. Any east for PJ ec* property or seryces received in connection with a subagre eiit, lease,-t Ftrd arty contract, or other arrangement that is required to be, but has not been, soured in or approved in writing by SANDAG; and d. Any cost ineligible for SANDAG participation as provided by applicable laws, regulatris;or polices. 2. . Certain costs at tames associated with bicycle and pedestrian projects are not eligible mien the benefit provided is not the exclusive use of bicyclists or pedestrians. These instances are listed below. a. Cat b and gutter are part of the roadway drainage system. As such, newly installed curb and gutter cannot be considered an improvement exclusively for the benefit of the sidewalk or bike lane and are not an eligible expense. b. Driveway ramps installed across sidewalks are not for the benefit of pedestrians, and in fact, degrade the pedestrian environment. Claimants may not include the cost of driveway ramps in applications for sidewalk projects. However, the distance across the driveway may be included when computing the per -square - foot cost of the sidewalk. 22 178 of 554 c. Where roadway design standards require a roadway shoulder width at least as wide as would be required for a standard bike lane, the cost of the shoulder construction wil! not be eligible. Appropriate bikeway signage is eligible. d. Under some circumstances, it may be necessary to remove and replace curb and gutter, driveway ramps, drainage facilities and other existing improvements in order to construct a bikeway or sidewalk. In such cases the cost of this work is most likely eligible, but claimants should carefully document why this is so in the claim submittal. E. The Grantee understands and agrees that payment to the Grantee #or any Project cost does not constitute SANDAG's final decision about whether thattost is allowable and eligible for payment under the Project and does not constitute a waxier ofany violation by the Grantee of the terms of the Agreement for the Project or Board. olicy Na, 035. The Grantee acknowledges that SANDAG will not make a final determination abutthe ailowability and eligibility of any cost until the final payment has/been made on the Pi=bfect or the results of an audit of the Project requested by SANDAQ,Or its Independent Taxpaye'W. Oversight Committee (ITOC) has been completed, whichever occurs latest. If SANDAG determines that the Grantee is not entitled to receive any portion`ofthef5G1Por ATGP] Funding requested or paid, SANDAG will notify the Grantee in writing, statg its reasons. The Grantee agrees that Project closeout will not alter the; rantee's responsibili'ty�to return any funds due to SANDAG as a result of later refunds, correc4dras; erftrmance deficlencres, or other similar actions; nor will Project closeout alter SANDAG'`s;:right tordtsallow..costs and recover funds provided for the Project on the basis of a later audit oh aher review. Uponnotifitation to the Grantee that specific amounts are owwd to SANDA kwhetherffor'etess payments of [SG!P or ATGP] Funding, disallowed costs, or funds recoyeredfroin third parties or elsewhere, the Grantee agrees to promptly remit ttk5ANDAG theamounts owed, including applicable interest, penalties and frninistrative(charges. `1 Vfll. ACCOUNTING RECORDS In compliance with applicable laws, regulations; -and policies, the Grantee agrees as follows: A. Project Accovirett,.The Grantee agrees to establish and maintain for the Project either d eparate set of accoopts•ar separate accounts within the framework of an established unting system that can be identified with the Project. The Grantee also agrees to maintain documentation of all checks, payrolls, invoices, contracts, vouchers, orders, or other accoung documents related in whole or in part to the Project so that they may be clearly identified; readily.4ccessible, and available to SANDAG upon request and, to the extent feasible, kept seParate from documents not related to the Project. B. Documentation of Project Costs and Program (income. Except to the extent that SANDAG determines otherwise, in writing, the Grantee agrees to support all costs charged to the Project, including any approved services or property contributed by the Grantee or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges, including adequate records to support the costs the Grantee has incurred underlying any payment in which SANDAG has agreed to participate in based upon a payable milestone. 23 179 of 554 IX. REPORTING, RECORD RETENTION, AND ACCESS A. Types of Reports. The Grantee agrees to submit to SANDAG all reports required by law and regulation, policy, this Agreement, and any other reports SANDAG may specify. B. Report Formats. The Grantee agrees that all reports and other documents or information intended for public availability developed in the course of the Project and required to be submitted to SANDAG must be prepared and submitted in electronic and/or typewritten hard copy formats, as SANDAG may specify. SANDAG reserves the right to specify that records be submitted in particular formats. C. Record Retention. During the course of the Project and for"three years thereafter from the date of transmission of the final expenditure report, the,Gr-antee agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the Project, as SANDAG may require'. D. Access to Records of Grantees and Subgrantees. The Grantee agrees to permit, and require its subgrantees to permit, SANDAG (Nits authorized#epresentatives,_upon request, to inspect all Project work, materials, payrolls, anclig,ther da,t4i, and to audit the books, records, and accounts of the Grantee and its subgrantees pettaining to the Project. E. Project Closeout. The Grantee agrees that Project closeout does not alter the reporting and record retention requirements of t' greefent. F. Quarterly Reports. Grantee shall subrri'it written/quarterly reports to SANDAG detailing the progress of its work, expenditures inc reel, anc nforrriatjon regarding whether the Project is projected to be completed Within the Iimits4f the Approved Project Budget, Project Schedule, and canslsltent with Board Policy No. 035 and any policy amendments thereto. Grantee shall document the progress and results of work performed under this Agreement to th . atisfactjrn'ef SANDAG. Th s`includes progress and final reports, plans. specifications, estimates, end other evidence of attainment of the Agreement objectives, whiuh-are requested bySANDAG or l OC. Grantee may be required to attend meetings of SANDAG-staff and commitiees., including but not limited to ITOC, the Regional Planning 'Committee, the twspprtatioti Committee, and the SANDAG Board of Directors, to report on - :its progress and respond to que ions. G. Cc'rrkmunities Served Data and Report. If requested, Grantee shall provide SANDAG with data regarding how the Project's benefits and burdens were equitably distributed among socio an conomico.pulations in the area affected by the Project, and associated smart growth dates. X. Project Completion, Audit, Settlement. and Closeout . Project Completion. Within ninety (90) calendar days following Project completion or termination by SANDAG, the Grantee agrees to submit a final certification of Project expenses and final reports, as applicable. All payments made to the Grantee shall be subject to review for compliance by SANDAG with the requirements of this Agreement and shall be subject to an audit upon completion of the Project. 180 of 554 B. Project Audit. Note to Grant Recipient: Only the applicable sections will be included. Note to SANDAG Contracts Staff: Please choose the appropriate: For TransNet-funded projects: The Grantee agrees to have financial and compliance audits perfr3rmed as 5ANDAG may require consistent with the TransNet Extension Ordinance. Th '`Grantee agrees that Project closeout will not alter the Grantee's audit responsibilities. #uditcosts are allowable Project costs. • For TDA-funded projects: The Grantee agrees to have financial and compliance audits performed'SANDAG may require consistent with Public Utilities Code Section 99245, far TDA funds, a d consistent with the TransNet Extension Ordinance for TransNet funds. Tle{Grantee agrees tha\t,Project closeout will not alter the Grantee's audit responsibilities. Audit costs are allowable Project costs. C. Performance Audit. The Granteevgrees:ip c«operate with SANDAG or ITOC with regard to any performance audit that is perfo ed on the PrQj;ect pursuant to the TransNet Ordinance. D. Project Closeout. Project_c loseout oca'kcrrswher SANDAG:riotifies the Grantee that SANDAG has closed the Project, and, if applicable, either forwards the final [5G[P or ATGP] Funding payment and oradcnowIedges that the Grantee has remitted the proper refund. The Grantee agrees that Prbjgctcloseoutby5ANDAG dc1 s not invalidate any continuing requirements impoCed by the Agreement/or a- y unmet requirements set forth in a written notification from SANDAG. E. Pritiject-ilse,krar tee was;awarded this Agreement based on representations in its grant (.application regaling the Proer:~i,'s intended use. If the Project is a capital project, Grantee `; hereby commits to tpntinued use bf the Project for the purposes stated in its application for a Period of at least fivetyears after completion of construction. SANDAG may require Grantee to grid SGIP fundini provided for the Project in the event Grantee fails to utilize the Project or its intended purposes as stated in the grant application or for any disallowed costs. XI. TIMELY PROGRESS AND RIGHT OF SANDAG TO TERMINATE A. Grantee shall make diligent and timely progress toward completion of the Project within the timelines set forth in the Project Schedule, and consistent with Board Policy No. 035 and any policy amendments thereto. If timely progress is not achieved, SANDAG may, in its sole discretion, review the status of the Project to determine if the remaining funding should be reallocated to another eligible project, as per Board Policy No. 035. Grantee understands and agrees that any failure to make reasonable progress on the Project or violation of this Agreement and/or Board Policy No. 035, that endangers substantial performance of the Project shall provide sufficient grounds for SANDAG, in its sole discretion, to terminate this Agreement. 25 181 of 554 B. In the event Grantee encounters difficulty in meeting the Project Schedule or anticipates difficulty in complying with the Project Schedule, the Grantee shall immediately notify the SANDAG Project Manager in writing, and shall provide pertinent details, including the reason(s) for the delay in performance and the date by which Grantee expects to complete performance or delivery. This notification shall be informational in character only and receipt of it shall not be construed as a waiver by SANDAG of a project delivery schedule or date, or any rights or remedies provided by this Agreement, including Board Policy No. 035 requirements. C. Upon written notice, the Grantee agrees that SANDAG may suspendor terminate all nr any part of the [SGIP or ATGP] Funding to be provided for the Proj`ect;if the Grantee has violated the terms of the Agreement, or Board Policy No. 035, or ifSANDAG determines that the purpose of the laws or policies authorizing the ProjectyvOpidltot be. adequately served by the continuation of ]SGIP or ATGP] Funding for the Protect.,;,..; D. In general, termination of [SGIP or ATGP] Funding for the Project will hot invalidate obligations properly incurred by the Granteefore the termination date4o the extent those obligations cannot be canceled. If, however, SAIVDAG determines that the GiNntee has willfully misused [SGIP or ATGP] Funding by failirtg.tomake adequate progress, or failing to comply with the terms of the Agreement, SANDAL ie$erves the right to require the Grantee to refund to SANDAG the entire ainount.of [SGIP or AtCP1 Funding provided for the Project or any lesser amount as SANDAG ay:`deter nine. E. Expiration of any Project time period5established-iri thi Project'Schedule will not, by itself, automatically constitute an expiration s`termin'a'�tiorrotthe Agreement for the Project, however, Grantee mtitt request and SANDA i'may agree to amend the Agreement in writing if the Project Scihedule-wiffobt be met. An amendment to the Project Schedule may be made at SANDAG`s discretion if Grlintee's request is consistent with the provisions of Board Policy No.035. XII. CIVIL RIGHTS The Gpantee agrees to comply Wi#hail applicable civil rights laws, regulations and policies and shall inclytie the provisions citth s Sectirii 12 in each subagreement, lease, third party contract or other legally;binding document` perform'ork funded by this Agreement. Applicable civil rights laws, regulations and policies incli4de, but are not limited to, the following: A. Nonclitcriinination,:'SANDAG implements its programs without regard to income level, disability t ce, coleii, and national origin in compliance with the Americans with Disabilities Act and TitleVI.o# the Civil Rights Act. Grantee shall prohibit discrimination on these grounds, notify the pub1 of their rights under these laws, and utilize a process for addressing complaints of discrimination. Furthermore, Grantee shall make the procedures for filing a complaint available to members of the public and will keep a log of all such complaints. Grantee must notify SANDAG immediately if a complaint is lodged that relates to the Project or program funded by this grant. B. Equal Employment Opportunity. During the performance of this Agreement, Grantee and all of its subcontractors: if any, shall not unlawfully discriminate, harass; or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, 26 182 of 554 religious creed, national origin, disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, denial of family and medical care leave, denial of pregnancy disability Leave, veteran status, or sexual orientation. Grantee and its subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (California Government Code Section 12900, et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0, et seq.). The applicable reguiations of the Fair Employment and Housing/Commission implementing California Government Code Section 12990 (a-f), set forth in Ci tptet 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into.ttris Agreement by this reference and are made a part hereof as if set forth in full. Grantee and .its subcontractors shall give written notice of their obligations under this clause labor organizations with which they have a collective bargaining or other agreement. XIII. OWNERSHIP OF WORK PRODUCT ' SANDAG shall own any deliverables created in whom or, in part/for SANDAG's,benefit pursuant to the Scope of Work for the Project. The term "deliverables° includes, but is not limited to, all original drawings, reports, photos, and other documents,Nificluding detailed calculations and other work product developed for the Projec#rsrvices performed,on the Project. XIV. DISPUTES AND VENUE • • A. Choice of Law. This Agreement shVl'be interpreted inaccordancewith the laws of the State of California. �. f B. Dispute Resolution Procs. In the event Grantee has a dispute with SANDAG during the performance of (this Agreement, Grantee `shall continue to perform unless SANDAG informs Grantee in writin .to cease o*mance. The dispute resolutionprocess for disputes arising f... e p p under this Agreerrie shial be as'folIows ' - .Grantee,shall submit, a statement of the grounds for the dispute, including all pertinen ` ates, nam s of persons involved, and supporting documentation, to SANDAG's Project Manager.,The Project Manager and other appropriate SANDAG staff will review the_documenta\ion in a timely manner and reply to Grantee within twenty (20) calendar gays, Upon receipt of an adverse decision by SANDAG, Grantee may 'submit a requyst.for reconsideration to SANDAG's Executive Director. The request for re&nsiderati6n Must be received within ten (10) calendar days from the postmark date of SADAG's reply. The Executive Director will respond to the request for reconsideration within ten (10) working days. The decision of the Executive Director will be in writing. 2. If Grantee is dissatisfied with the results following exhaustion of the above dispute resolution procedures, Grantee shall make a written request to SANDAG for appeal to the SANDAG Regional Planning Committee for SGLP projects or to the SANDAG Transportation Committee for ATGP projects. SANDAG shall respond to a request for mediation within thirty (30) calendar days. The decision of the Regional Planning Committee or Transportation Committee shall be final. 27 183 of 554 C. Venue. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, litigation and collection expenses, witness fees, and court costs as determined by the court. XV. ASSIGNMENT Grantee shall not assign, sublet, or transfer (whether by assignment or.Movation) this Agreement or any rights under or interest in this Agreement. XVI. INSURANCE Grantee shall procure and maintain during the period offperformance 'pf this Agreement, and for twelve (12) months following completion, policies/".of insurance frOnl insurance companies authorized to do business in the State of California'or the equivalent types•and amounts of self- insurance, as follows: ^ N A. General Liability. Combined single limit of $,ODOO per occurrence an d nd $2,000,000 general aggregate for personal anti bodily injury, inr pding death, and broad form property damage. The policy must incluc(e .an acceptable "Waiver' of Transfer Rights of Recovery Against Others Endorsement." The:pol y.. ust name SAN G'as an additional insured in the endorsement. A deductible or reteritjon may b utilized, subject to approval by SANDAG. r f B. Automobile Liiability.Sor personal aqd bodijyn)u'ry;-mOuding death, and property damage in an amount not jegg than.$1,000,000. \ ..... C. Workers' Con pen. sation and Employer's .Liability. Policy must comply with the laws of the State of Ca1irornia. The pricy must irilude an acceptable "Waiver of Right to Recover From Others Endor'se,rent4 namJj g SANpAG\rs an additional insured. D. bier Pegluiremrents.`£rantee shall furbish satisfactory proof by one or more certificates }.(irigirial coaie-'s).zhat it ha .,the.foregoing insurance. The insurance shall be provided by an acceptable insurance provider, asdetermined by SANDAG, which satisfies the following i- in►imurn requirements: 1.Ari insurance carrier qualified to do business in California and maintaining an agent for srvice of profess within the state. Such insurance carrier shall maintain a current A.M est rating classification of "A-" or better, and a financial size of "$10 million to $24 mi lion (Class V) or better," or 2. A Lloyds of London program provided by syndicates of Lloyds of London and other London insurance carriers: providing all participants are qualified to do business in California and the policy provides for an agent for service of process in California, E. Certificates of insurance shall be filed with SANDAG. These policies shall be primary insurance as to SANDAG so that any other coverage held by SANDAG shall not contribute to any loss under Grantee's insurance. Insurance policies shall not be canceled without first giving thirty 184 of 554 (30) days advance written notice to SANDAG. For purposes of this notice requirement, any material change in the policy prior to its expiration shall be considered a cancellation. XVII. INDEMNIFICATION AND HOLD HARMLESS A. B. Generally. With regard to any claim, protest, or litigation arising from or related to the Grantee's performance in connection with or incidental to the Project or this Agreement, Grantee agrees to defend, indemnify, protect, and hold SANDAG and its agents, officers, Board members, and employees harmless from and against any and all claims, including, but not limited to prevailing wage claims against the Project, asserted or established liability for damages or injuries to any person or property, includir!gAdiy to the Grantee's or its subgrantees' employees, agents, or officers, which arise fr46rn or are connected with or are caused or claimed to be caused by the negligent, reckless; orL,wijlful acts or omissions of the Grantee and its subgrantees and their agents, officers,` r.employces, in performing the work or services herein, and all expenses of investigatg and defending, against same, including attorney fees and costs; provided, however, tbet. the Grantee's duty`p indemnify and hold harmless shall not include any claims or lial4ty arising from the establit ed sole negligence or willful misconduct of SANDAG, its Board of threctors, ants, officers, or employees. Intellectual Property. Upon request by SANDA{he Grantee agrees to indemnify, save, and hold harmless SANDAG and it ;Board of Directors; f icers, agents, and employees acting within the scope of their officiai•.,dut�i. s against any liab{lity,including costs and expenses, resulting from any willful or int t onala,irnIation by thy, Grantee of proprietary rights, copyrights, or right of privacy, ari5jng out •o` the 'publicatiGn, translation, reproduction, delivery, use, or disposition of any data furnished#'und r.,the Project. The Grantee shall not be required to indemrify SANDAG for any such` liability caused solely by the wrongful acts of SANDAG employees or agents. t, XVIII. INDEPENDENT ONTRACTbR _ A. Status of Grantee. ra itee shall -perform the services provided for within this Agreement as an independent contrator, and not as at.employee of SANDAG. Grantee shall be under the control -of SANDAG ..as to tieresult to be accomplished and not the means, and shall consult with SANDAG as provided for the Scope of Work. The payments made to Grantee pursuant 'Ao this Agreement shp.II'be the ull and complete compensation to which Grantee is entitled. SAJ�DAG shall not make any federal or state tax withholdings on behalf of Grantee. SANDAG shallot be required: to pay any workers' compensation insurance on behalf of Grantee. GranteeNagrees to iridernnify SANDAG for any tax, retirement contribution, social security, overtime p yylrrent'or workers' compensation payment which SANDAG may be required to make on behalf of Grantee or any employee of Grantee for work done under this Agreement. B. Actions on behalf of SANDAG. Except as SANDAG may specify in writing, Grantee shall have no authority, express or implied, to act on behalf of SANDAG in any capacity whatsoever, as an agent or otherwise. Grantee shall have no authority, express or implied, to bind SANDAG or its members, agents, or employees, to any obligation whatsoever, unless expressly provided for in this Agreement. 185 of 554 XIX. SEVERABILITY AND INTEGRATION If any provision of the Agreement is determined invalid, the remainder of that Agreement shall not be affected if that remainder would continue to conform to the requirements of applicable Iavvs or regulations. This Agreement represents the entire understanding of SANDAG and Grantee as to those matters contained in it. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by SANDAG and the Grantee. XX. PROJECT MANAGER The Grantee has assigned [INSERT PROJECT MANAGER NAME],as• the Project Manager for the Project. Project Manager continuity and experience is deemed4sserKtiai in Grantee's ability to carry out the Project in accordance with the terms of this Agre,'ernent. Grantee shall not change the Project Manager without first providing written notice to4ANDAG. �. XXI. NOTICE _ F Any notice or instrument required to be given or delivered b . this Agreemently�ay be given or delivered by depositing the same in any United States`Rpst.dffice, registered or certified, postage prepaid, addressed to: San Diego Association of Governments \� �.. 401 B Street, Suite 800 San Diego, CA 92101 Attn: Susan Baldwin / Suchi Mukherjee Grantee: [LOCAL AGENCY NAME) [LOCAL AGENCY ADtRESS] Attn: [LOCAL AGENCYNIOJECT M NAGER] Notice shall beeffectiveupon receipt thereof Noteift.'SANDAG Contracts Staff: After receiving this original agreement back from the Grwitee and before n ting tfie priginal agreement for final SANDAG 'wet" signatures, cc�:�lr vr..q:th SANDAL Finance and Planning staff that the applicable RTIP has been appro'i. 186 of 554 XXII. SIGNATURES The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. SAN DIEGO ASSOCIATION OF GOVERNMENTS GARY L. GALLEGOS OR DESIGNEE Executive Director APPROVED AS TO FORM: Office of General Counsel [INSERT JUR!SDFCTION1 ,[ullname] ,'' tTitle] AI 'ROT ED'AS TO FORM: / 4fail Marne] [Title] 187 of 554 ATTACHMENT A SCOPE OF WORK, SCHEDULE, AND APPROVED PROJECT BUDGET Project Location (SPECIFIC PROJECT LOCATION INCLUDING JURISDICTION, COMMUNITY, NEIGHBORHOOD, CORRIDORS, AND INTERSECTIONS) Project Description [PROJECT TYPE (DESIGN ANDIOR CONSTRUCTION, MASTER PLAN, E;.; .), !YPES OF IMPROVEMENTS/RECOMMENDATIONS, PROJECT GOALS] (INSERT SCOPE, SCHEDULE AND APPROVED PROJECT BUDGET) 188 of 554 ATTACHMENT B BOARD POLICY NO. 035 COMPETITIVE GRANT PROGRAM PROCEDURES Applicability and Purpose of Policy 1 This Policy applies to all grant programs administered through SANDAG, whether from TransNet or another source, including but not limited to the Smart Growth incentive Program, Environmental Mitigation Program, Bike and Pedestrian Program, Senior.fMint G`rept Program, Federal Transit Administration grant programs, and Active Transportation(Gra't Program, Nothing in this Policy is intended to supersede federal Ole state grant rules, regulations, statutes, or contract documents that conflict with the requirements in this'Policy. Therese never enough government grant funds to pay for all of the projects; worthy f funding in the Ski Diego region. For this reason, SANDAG awards grant funds on a comptptiv+e basis that takes the grantees' ability to perform their proposed project on a timely basis into ac`c`ount;SANDAG intends to hold grantees accountable to the project schedules they have proposedN.order to ensure fairness in the competitive process and encourage grantees to -get -their projects implemented quickly so that the public can benefit from the project deliverables as sdtatas'possible. Procedures 1. Project Milestone and Cdi ptetion Deadlines 1.1. When `signing a;fgrant ,agreemeyt .for a competitive program funded and/or administered by SANDA , grant recipients Must agree to the project delivery objectives and schedules -in the agreerent. In addition; a grantee's proposal must contain a schedule that 15 within, the follovVig, deadlines. Failure to meet the deadlines below may result in revocation of all grant funds not already expended. The final invoice for capital, planning, \ or operations grants must b'skibrnitted prior to the applicable deadline. *. 1.1.1. Fundjrig for Capital Projects. If the grant will fund a capital project, the \, project muse be completed according to the schedule provided in the grant ` greement,'but at the latest, any necessary construction contract must be awarded within .tx Q years following execution of the grant agreement, and construction mush completed within eighteen months following award of the construction contract. Completion of construction for purposes of this policy shall be when the prime construction contractor is relieved from its maintenance responsibilities. If no construction contract award is necessary, the construction project must be complete within eighteen months following execution of the grant agreement. 1.1.2. Funding for Planning Grants. If the grant will fund planning, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary consultant contract must be awarded within one year following execution of the grant agreement, and the planning project must be 33 189 of 554 complete within two years following award of the consultant contract. Completion of planning for purposes of this policy shall be when grantee approves the final planning project deliverable. If no consultant contract award is necessary, the planning project must be complete within two years of execution of the grant agreement. 1.1.3 Funding for Operations Grants. ]f the grant will fund operations, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary services contract for operations must be awarded within one year following execution of the grant agreement, and the operations must commence within six months following award of/he operations contract. If no services contract for operations is necessary, the,Operations project must commence within one year of execution of the grant agrment :. 1.1.4 Funding for Equipment or Vehicloi Grants. If the giant will fund equipment or vehicles, the project must be complted.according to the `sedule provided in the grant agreement, but at the latest,,/.any,riecessary purchase contracts for equipment or vehicles must be awarded within one year:lollowing execulon of the grant agreement, and use of the equipment of vehidesfar the benefit of the public must commence within six months following award of the purchase contract. 2. Project Milestone and Completion Deadline.Extensions 2.1. Schedules within grant agiverrientS-May inttude project scopes and schedules that will identify interim milestones in those: described in Section 1 of this Policy. Grant recipients rr)agi receive extensions on -Their projett,s6edules of up to six months for good cause. Extensions --of op to six months aggregate that would not cause the project to miss a completion deadline in Section. 1 may be approved by the SANDAG Executive ti Director. Extensions beyor}ti six months a negate or that would cause the project to miss a completion dead1€.e in,,Setion 1 iiiust be approved by the Poiicy Advisory Committee that has been_,delegatedAhe necessary -authority by the Board. For an extension to be granted untfer this Section 2, the, following conditions must be met: 2,1.1. For extension, requests of up to six months, the grantee must request the extension irA writing tithe SANDAG Program Manager at !east two weeks prior to the earliest project schedule milestone deadline for which an extension is being requested. The Executive Director or designee will determine whether the extension \should be granted. The Executive Director's action will be reported out to the Board it •.fol]owifig month's report of delegated actions. 2.1.2.\A grantee seeking an extension must document previous efforts undertaken to maintain the project schedule, explain the reasons for the delay, explain why the delay is unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee proposes. 2.1.3. If the Executive Director denies an extension request under this Section 2, the grantee may appeal within ten business days of receiving the Executive Director's response to the responsible Policy Advisory Committee by sending the appeal to the SANDAG Program Manager. 34 190 of 554 2.1.4. Extension requests that are rejected by the Policy Advisory Committee will result in termination of the grant agreement and obligation by the grantee to return to SANDAL any unexpended funds within 30 days. Unexpended funds are funds for project costs not incurred prior to rejection of the extension request by the Policy Advisory Committee. 3. Project Delays and Extensions in Excess of Six Months 3.1. Requests for extensions in excess of six months, or that will cause a project to miss a completion deadline in Section 1 (including those projects hat were already granted extensions by the Executive Director and are again fallii;ig behind schedule), will be considered by the Policy Advisory Committee upon request to the SANDAG Program Manager. 3.2 A grantee seeking an extension must �cument pre ions efforts undertaken to maintain the project schedule, explain the reasons for the delay, 'Ian why the delay is unavoidable, and demonstrate an ability to,st creed in the extended ti a frame the grantee proposes. The grantee must provide the net ssary inforrr ation to SANDAL staff to place in a report to the Policy Advisory Committee. W, sufficient time is available and the grant utilized TransNet funds, the request will first`#e taken to the Independent Taxpayer Advisory Committee (ITOC) for a. recommendation__ The grantee should make a representative available at the\meing-::to present information to, and/or answer questions from, the ITOC and Poliii r-Advisoty COnmittee. `. 3.3 The Policy Advisory Committee will or Iy grarit an -extension under this Section 3 for • extenuating circurr taiires that the gila,nteeeeotijd not have reasonably foreseen. 4. Resolution and execution of the Grant A9reement 4.1 Two weeks prior,to the -review by4the Policy Advisory Committee of the proposed grants, prospective,granieesmustsubmit a resolution from their authorized governing body thjt-ircTiides the provisions in this Subsection 4.1. Failure to provide a resolution that meets the requirements in thi's.,5ubsection 4.1 will result in rejection of the application and the application will:•ke dropped. f, orri consideration with funding going to the next project as stored by the eva cation committee. In order to assist grantees in meeting this resolution \deadline, when SANDAG issues the call for projects it will allow at least 90 days for grant application submission "VA Grmitee governing body commits to providing the amount of matching fiin sset forth in the grant application. 4.1.2 "Grantee governing body authorizes staff to accept the grant funding and execute a grant agreement if an award is made by SANDAG. 4.2 Grantee's authorized representative must execute the grant agreement within 45 days from the date SANDAG presents the grant agreement to the prospective grantee for execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation of the grant award. 191 of 554 5. Increased Availability of Funding Under this Policy 5.1. Grant funds made available as a result of the procedures in this Policy may be awarded to the next project on the recommended project priority list from the most recent project selection process, or may be added to the funds available for the next project funding cycle, at the responsible Policy Advisory Committee's discretion. Any project that loses funding due to failure to meet the deadlines specified in this Policy may be resubmitted to compete for funding in a future call for grant applications. Adopted: January 2010 Amended: November 2014 192 of 554 ATTACHMENT C PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS Capital Grants 1. Contact Information: Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Baseline Data Collection: Prior to the construction of grafunded improvements, the Grantee is responsible for developing a baseline data collectiprr plan with SANDAG to gather information on pedestrian and bicyclist activity. At a minuet data should be collected for observed bicycle and pedestrian volumes, behavior, and attiUIdes'in project area. Once the data collection plan is approved by SANDAG staff, the Gran* is rresponsible,fot carrying out the plan and returning collected data to SANDAG as a deliverable. Standardized 'forms required for data collection will be provided by SANDAG. Iy 4` • Grantees are encouraged to use the National Bicycle: and edestrian Documentation Project methodology and plan for the following: • Conduct counts prior to projectconstruction, during'ational Documentation Days in the second week of September. Supplerhe tary Counts and. rveys can be conducted during t January, May, and July to provide seasonal ata,.if desired. , • Conduct counts for tysrfl_ hours, at pe@lt times relative the facility. For example, facilities attracting utilita iart trips should be c9untecl.on a Tuesday, Wednesday, or Thursday from 5 to 7 p.m., w) rreas facilities attracting,recreational trips should be counted on a Saturday, from 9 to 11 a4n. N In the case that the abaxe tiniefrarnes are deemed infeasible due to the project schedule, the Grantee and-SANDAG wiN, collaborate -on .an alternative data collection methodology and procedyr A sLset.of Grantees maybe selected for in-depth evaluation by SANDAG, in which case, SANDAG will conduct the data collection effort`Vvith required participation from Grantee staff. Such in-depth evaluating conducted by).SANDAG will take place solely for the purpose of SANDAG Active Transportation data, collection and monitoring efforts, and will not impact Grantees' budgets. / Grantees should plat to budget five thousand dollars ($5,000) for data collection. For questions or assistance with data--1 collection, contact Christine Eary at Christine.Eary@sandag.org, or (619) 699-6928. 3. Design Development and Community Meetings: Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of all design development and community meetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate. 193 of 554 4. Plan Review: Grantee must submit project design drawings and cost estimates (if available) to SANDAG for review and comment at 30 percent, 60 percent, 90 percent, and 100 percent. SANDAG staff may meet with the Grantee to comment on submitted plans and assure substantial conformance. SANDAG may comment on submitted plans regarding: • Whether they are consistent with the Project proposed in the original grant application, and • Consistency with accepted pedestrian/bicycle facility and smart growth design standards. 5. Quarterly Reports and Invoices: Grantee must submit quarterly reports and invoices to SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending issues and actions toward resolution, and status of budget and schedufe. Furthermore, the Grantee agrees to provide project milestone information (such as prese ati ns to community groups, other agencies, and elected officials, ground-breakings, and ribo�=cu9gs) to support media and communications efforts. 6. Media and Community Outreach Coordination: Press materials shall beprovided to SANDAG staff before they are distributed. SANDAG logos}`should be inched in press rnterials and other project collateral. Furthermore, the grantee agrees tir-p providproject milestonenformation to support media and communications efforts. N. 7. Photo Documentation: Grantees ate responsible for the following photo documentation: • Before and after photos, which should 'be.taken from sirilar angles to showcase how a particular area has been transformed over time. • Project milestone. hatos (such as gro rd-breakngs and ribbon -cuttings). • Photos taken thfoughout construction phases and throughout the length of the project. Photos should belh}gh resolution_ at least 4 inches by 6 inches with a minimum of 300 pixels per inch) and contain captions . rith project descri'ptrons, dates, locations, and the names of those featured,_ i f_ approp riate:-. 8. Project Signage:. ach proje or program in excess of $250,000 funded in whole or in part by revenues from the Tran` et Extenskw Ordinance shall be clearly designated during its construction or i:err;entation as beitc-provided-y such revenues. SANDAG will provide sign specifications. Grantee' -a, rees to follow sin specifications and submit proof files to SANDAG for approval before printing. ", 9. Performance Monitpring: SANDAG staff may measure performance of the constructed capital improvements against xated project objectives, and evaluate the overall grant program. Grantee is expected to meet wiikSANDAG staff to identify relevant performance measures and data sources, and provide available data and feedback regarding the program as appropriate. 194 of 554 Planning and Non -Capital Grants 1. Contact information. Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Request for Proposals and Consultant Selection. Upon request by SANDAG, Grantee must submit consultant draft Request for Proposals to SANDAG staff for review and comment for consistency with the agreed upon Scope of Work with SANDAG (Attachment A). 3. Quarterly Reports. Grantee must submit quarterly/reports to SANDAL, detailing accomplishments in the quarter, anticipated progress nextquarter{ pending issues and actions toward resolution, and status of budget and schedule. 4. Stakeholder and Community Meetings. Grantee .must provide SANDA :with advance notice (preferably within two weeks) and agendas of al stakeholder and commu i .meetings, and a meeting summary following the meeting. SANDAG staff may at:Ond any meetings appropriate. S. Media and Community Outreach Coordination. Preksmaterials shall be provided to SANDAG staff before they are distributed. SANDAG:logo(s) should be,mcluded in press materials and other project collateral. Furthermore, the Grant. :agrees to provide, project milestone information to support media and communications effort. 6. Photo Documentation. Grantees are rep ansible,forthe (oliawing photo documentation: • Existing conditiofis p • s, which shou4d rl castrate the current conditions of the project site and demonstr6tethe nee 'for improved; facilities • Project milessope ;photos ksuch as workops, presentations to agencies, and eieted off(ciaisj. Photos sl tlld be high. resol on (at least 4-inches by 6 inches with a minimum of 300 pixels per inch) 9 id contain -c tions with project descriptions, dates, locations, and the names of those featufed, if appropriate.., \y community groups, other 195 of 554 ATTACHMENT D QUARTERLY REPORT AND INVOICE FORMS TransNet Smart Growth incentive Program and TransNet1TDA Active Transportation Grant Program Quarterly Report • Report Submittal Date: [Insert] Reporting Period: [Insert - Example: FY 2014, Quarter 1] 6 t PART 1: DESCRIPTION OF ACTIVITY FOR REPORTING PE'IDD 7. Work Accomplished This Reporting Perim [INSTRUCTIONS: Replace this text with a detail•] description of work completed and underway during the reporting 15oriod; in a bullet forr'na1,-reference specific tasks.] Example: • Task 1 - Award -Consultant Co 1 act: JS . ed RFP-artd convened a selection panel of 5 members,from the City, MTS, N1-0:and SANDAG to shortlist 3 of 9 firms. The panel intervye eo the - :,:firms and selgdled XYZ Group for this project. The City Council approved the consiMtant contract ith XYZ Group on January 1, 2014. City staff held a kick-Off.‘meetirjigiOnTanuary 10, 2014. • Task 2 - Public ;Outreae i;. City -sta"f and XYZ Group began organizing the first avo:rlohop fo'Nfils`project. Tire. rtiCipated date of the first workshop will be in the Fe- ruary►1Ularch 14 ti meframe. • Task 3 Etc. • Task 4 — 2. De &verables Produced This Reporting Period [INSTRU ONS: urtrnarize the deliverables produced during this period and indicate the date submit*i to SANDAG. Deliverables can be submitted as an attachment to this report. See Item 5 for `i rrore details.] Example: Final RFP — Submitted in December 2014. Approved Consultant Contract and Kick -Off Meeting Notes - Submitted with this report. Please see accompanying list of attachments. 3. Is there an accompanying invoice for this period? 40 196 of 554 [INSTRUCT]ONS: Indicate YES or NO.] 4. Work Anticipated for the Next Reporting Period [INSTRUCTIONS: Replace this text with a brief description of work anticipated for the next reporting period. Also note any upcoming meetings or workshops.] 5. List of Attachments • [INSTRUCTIONS: List any deliverables or invoice documents attached to this report. Attachments over 6MB should be sent via WeTransfer.] WeTransfer Link: httos:Jlsandag.wetransfer.com/ {4 Example: • Attachment 1: Consultant Contract `. • Attachment 2: Kick -Off Meeting Notes • Attachment 3: Invoice Spreadsheet • Attachment 4: Invoice DiEtublintation • • PART 2: SCHEDULE AND TASK'STATUS 9 Task Scheduled Start Date (Per Grant Scope of Work) • Scheduled Completion Date -. (Per Grant Scope of Work) • Status Timing Anticipated Start Date (if Different from Grant Scope of Work) Anticipated Completion (if ' Different from Grant Scope of Work) NTP�te ` Task 1 [mm/dd/yy] '',- Irnirniddiyki.. t. [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mmlddl yy] [mmlddlyy] Task 2: Policy No. 035 Milestone `h m/dd/yy] \ , . [ middlyy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mmldd/yy] [mm/dd/yy] Task 3: Policy No. 035 Milestone [mm/dd/yy] [mm/dd/yy] • [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mmldd/yy] [mm/dd/yy] 41 • 197 of 554 PART 3: CHALLENGES, SCHEDULE DELAYS, AND AMENDMENT REQUESTS Challenges and Actions Toward Resolution (If applicable) [INSTRUCTIONS: If you are experiencing challenges in completing project tasks, please provide information about the delay and actions taken to resolve issues. If an amendment is needed, provide justification and check the appropriate box below.] No amendment requested at this time ❑ Amendment requested to*: ❑ Project Schedule ❑ Project Budget ❑ Scope of Work *Failure to check a box in the above section assumes there is noaalon requested. Amendment requests are subject to SANDAG's approval. It is the Gran e's responsibility to ensure compliance with SANDAG Board Policy No. 035: Competitive Grant Program Pk cethresand grant agreen ent..terms and conditions. . 4 PART 4: PROJECT STATUS REPOT T SIGNATURE Prepared by Date: Project I ona er,- 198 of 554 INVOlgtliarnagall Step 1: Con' plate the Qua rtegy Progress Rppelrt. _ ,Reimbyrsements cannot be made without a completed Quarterly •Progress Report. Step 2:._ Gathpr Docurneptation for StaffCosts cpqAmitipticAntra dor Costs, anct pomp r cps;!#.. . . _ _......._._ Prmide SANDAG with a copy Of any consultant and contractor agreements awarded through the gran( _....• • . .. , Stet' Costs should be supported by certited pajroli documerrtation „... . • CO rtri U it a nt costs should be supported by the consultant invoice AND a proof of payment The pr6of of Pliyment can be either a copy of the check provided to the - _ __. consultant or printout from the project's financial accounting system showing that funds wereltsbUreed 1:\s, der:motor costs should be supported by the contractor invoice, schedule of values, ANDA,Proof of payment. 'Fb proof of payment can be either a copy of the check proNided to the contractor or a prntout from the project's financial accounting system stc&ving that funds welt diikursed. Other costs should be supported by either an invoice from the vendor or a receipt ANti-iiiut be accompanied by a goof of payment. The proof of payment can be either a copy of the check provided to the vendor or a printout from the protect% financial idc:00fiting .systeni showing that fundi%ere disbursed. ._ Claaq identify (ie, highlight_or_ circle) all grantletated expenses on dopuments that igelud nonrr614ted costs, ':•:....- - '',,- ... • ...: .1 , ..• Step 3- Complete the Expense Summary „ _ . _ \ / _ . ... % . . . ;Summarize the iota' Staff ocists, Consultant/Contra.ctor Costs, and Other Costs incurred.duting the reporting period; Corrimi that_y_ou have the adequate documentabon. , ..t.t.-.. . \ ••• ._ . ._ __._ ____ _ __. ..... _ „_.• :Break down each cost ,I task. This will help with the next step to iornpleltAtte invoiceatatenlent\ Double check and make sure all sub -totals have been calculated conedly-.' ----:-:.... . . , ,..„ • __. _ • ..„.• .... • •Step 4: _ ConOete the Invoice Statement. Enter the costs for each task (calculated in Step 3) into the appro-Priati.tAS -Of ti:ielnvOiCe Nternent:lbeiAii646e-iitrilaiiii-0-11,-m--et-c-h.c•-o-nibUi43n, -and. retention ---: 'amounts should automatically calculate. . . _ .„... • _ Enter previous costs by task into the appropriate ceftftspreadsheet Th ffFiy grant balance should autorriti_catlY calculate. _ _ .Step 5: Submit Quarterly Progress Report, Invoice, and Stroporehg DOcumeitlitlieft6 SANDAL at sgatigranwasandan.org Sigr and scan the completed Quarterly Progress eport. Submit it in PDF • • - _ Sigr and scan the invoice statement Submit It OKforrrf Submit supporting documentation in PDFrm fo. • , Submit the completed Excel workbtoh THes#1 excess of 81yf13:01991d, be subiitted-,via: kitpi:lisandagofkffpVifor-corn •:, 43 199 of 554 200 of 554 'pair 1: STAFF COPS Personnel - Time Period Hours Hourly Rate Amount Documentation Attached? . . . . . - Staff Person A mmikkityy to mmfdslfyy , 10 $ 100.4C/X$ . 1,000.00 .YES/NO.. _ ; . , ....._ ... Staff Person B mm/dd/yy to mmfddfyy 10 $ 00,00 .$ 1,000. ..00 'YES/NO _ -- - ! Staff Person C .._ rrnrrOd41to mr1110dAY... ._.. 10 $ /401/00 $ 1,000.00 YES/NO i / • ..... , [INSERT ADDIT5NAL. LINES AS NEEDED] PART 2; CONSULTANT/CONAALIDIt COSTS Consultant/Contractor Consultant XYZ Consultant XYZ . . Consultant XYZ •Outreach Organization ABC 'INSERT ADDITONAL LINES AS NEEDED] Invoice No. Invoice Date Description ofCost Amount - Documentation Attached? „ ..... 1 1/4/2014,'trofessional sormOtte %f the i $ 10,000.00 YES/NO ' \• : It —Orate January 2014 \., I 2' 2/1120'14 , 0 rOt4bnakservices fOr the\ , $ 10,000,00 YES/NO --- -E.• month of ebittaly 2014 • • • • 3 3/1/20f4 Professlo0 sereoerfor, the • - $ 10,000.00 YES/NO ---- •4 °nth 2014 '" 1 .,•••'- l'-..1 3/1,2614 ::Iikleatioh frOm Janualy2014 to E $ 10,066.00 -...;48/No MarGh 2014 PART 3: OTHER COSTS Vendor VendorA Vendor 13 .........._ Vendor C LINESAS NEEDEDJ ilWOMMO. ,/ • • invoice Date Description of Costs Amount Documentation Attached? 1 1/1/2014 Printing costs for January 2014 $ 100.00 YES/NO 1. 2/1/2014 News Announcement for $ 100.00 YES/NO February 2014 Workshop 1: 2J28/2014 Snacks for February 2014 $ 100.00 YES/NO Workshop 45 201 of 554 TRANSNET sIViART GROWTH INCENTIVE PROGRAM INVOICE To: SUC1I MUKHERJEE _ i _ Project Name: :(PROJECT NAM] _ _ .m SANDAL Contract Number.: 600)00C 401 B Street Suite 900 ! ' '::: San Diego, CA92141-4231 'F Pram .._ Name _t, . _ ___ .. . _. __ .. _ i Address Grant Invoice Number, # ,•' Billing period:.T Imoice Date: 1.21ATE' Grant Award:; ,� $0.00 Balance Remainrhg $0.00 • TASK Previous Balance Current MMrDDiYYYYta MMIDDNYYY Total Expenses SANDAGTotal Match Spent Reimbursed to Date Match to Date Total to Date • Staff Costs Consultant or Contractor Costs Other Casts This Invoice this Invoice This Invoice 1 RFP $0.00 $0.00 $0 O0 'ti $0. $D-00',.., $1100 $0 00 $0 00 $0 DO 2 Existing Conditions Report $0.00 $0.00 $0 40 , , $0:00 �„ $0.00 50.00 $0 00 $0 00 $0 00 3 public Outreach $0.00 $0.00 $0 00 $0.00 -$0.00 $0.00 $0 00 $0 00 $0 00 4 Draft Plan $0.00 $0,00 $0 CD • . ., $ 00 .. • $0,b0 $0.00 $0 00 $0 00 $0 00 5 Final Plan $0.00 $0.00. $0 00 1000 00 $0.00 $0.00 $0 00 _$0 00 $0 00 Total $000 $000 $000 $000 $0 CO $000 $000 $000 $000 _ _ _ ......_...,_ ,' • • w �\ _..,.. / �ti1 - -.. , ..., ... _ _ -- .. _-- - -- . _ . _ ._ _ ._.._... _ Total Current Expenditures: Total Amount Due this Involcs: Less 709: Retention: ...._. _ _ _.._.. Match 56 Met to Date-"'. $0.00 $0.00 0D1V I Total Project Budget (Grant + Match) Task 1 • , $0.00 TaSk2 $0.00 Task 1,, $0.00 Task 4 ; $0.00 Tad L; $0.001 TErTAtL— $0.00 SAWDAG Grant: $0.00 Match: $0.00 SANDAG Contribution % #DIWO! Required Match % r #DIVID! 46 202 of 554 CERTIFICATION/ OF GRANTEE I herelyie ceriii; thefts ai;ove costs were Incurred In performance of the work required under the grant and are consistent with the amounts evidenced byeftsched supporting documents and evenditures. Signature Printed Name andittJ6 Date 47 203 of 554 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN APPLICATION FOR ACTIVE TRANSPORTATION GRANT PROGRAM (ATGP) FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR THE CITYWIDE SAFE ROUTES TO SCHOOL PEDESTRIAN ENHANCEMENTS PROJECT IN THE AMOUNT OF $1,678,000, ACCEPTING THE TERMS OF THE GRANT AGREEMENT, AND AUTHORIZING THE CITY MANAGER TO ACCEPT THE TRANSNETATGP FUNDS AND EXECUTE A GRANT AGREEMENT WITH SANDAG, IF SELECTED FOR GRANT AWARD WHEREAS, the Legislature and Governor of the State of California have provided funds for the Active Transportation Program (ATP) under Senate Bill 99, Chapter 359, and Assembly Bill 101, Chapter 354; and WHEREAS, the California Transportation Commission (CTC) has statutory authority for the administration of the ATP and established necessary procedures; and WHEREAS, the CTC has required in its ATP Guidelines that Metropolitan Planning Organizations (MPOs) coordinate the competitive selection process to select projects to receive a portion of the ATP funding; and WHEREAS, the San Diego Association of Governments (SANDAG), as the MPO for the San Diego region, is conducting a competitive selection process for the Cycle 3 distribution of ATP funds in the San Diego region; and WHEREAS, SANDAG is required to submit the proposed ranked list of Regional ATP projects and funding recommendations to the CTC for final consideration; and WHEREAS, SANDAG may offer a funding exchange with projects recommended through the Regional ATP competitive selection process which would reduce the administrative burden to Local jurisdictions associated with federal funding requirements; and WHEREAS, if a funding exchange is offered to City of National City, the Citywide SRTS Pedestrian Enhancements Project (the "Project") would be removed from the regional ATP ranking and funded through the TransNef Active Transportation Grant Program (ATGP); and WHEREAS, the SANDAG Regional ATP competitive selection process requires applicants to submit a resolution from their governing body to be considered for TransNet funding in the event a funding exchange is offered; and WHEREAS, City of National City has submitted an application to receive ATP funds for the Project; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that if SANDAG offers a funding exchange to City of National City for the Citywide SRTS Pedestrian Enhancements Project, the City of National City will commit to providing $0 in matching funds from sources other than the TransNet ATGP. 204 of 554 Resolution No. 2016 — Page Two BE IT FURTHER RESOLVED that City of National City authorizes the City Manager to accept the TransNet ATGP funds and execute a grant agreement with SANDAG, if selected for grant award. PASSED and ADOPTED this 1 si day of November, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 205 of 554 CC/CDC-HA Agenda 11/1/2016 — Page 205 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) authorizing the filing of an application for Active Transportation Grant Program (ATGP) funds through the San Diego Association of Governments (SANDAG) for the Euclid Avenue Bicycle and Pedes 206 of 554 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE, November 1, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the filing of an application for Active Transportation Grant Program (ATGP) funds through the San Diego Association of Governments (SANDAG) for the Euclid Avenue Bicycle and Pedestrian Enhancements Project in the amount of $3,335,000; 2) committing to a local match of $200,000; 3) accepting the terms of the Grant Agreement; and 4) authorizing the City Manager to accept the TransNetATGP funds and execute a grant agreement with SANDAG, if selected for grant award. PREPARED BY: Jose Lopez PHONE: 336-4312 EXPLANATION: See attached. DEPARTMENT. Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: /e' ACCOUNT NO. APPROVED: If grant funds are awarded, staff will return to City Council to appropriate funds. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A Finance MIS ATTACHMENTS: 1. Conceptual Exhibit 2. Sample Grant Agreement 3. Resolution 207 of 554 EXPLANATION The project will construct nearly two miles of traffic calming, bicycle and pedestrian enhancements on Euclid Avenue from the northern City limits at Cervantes Avenue south to E. 24th Street. Project improvements include traffic calming through road diets, curb extensions, median refuge islands, Class 1! buffered bicycle lanes, Class III bicycle routes, Class IV bikeways with bend -outs, high visibility crosswalks, pedestrian actuated LED -enhanced crosswalk signs, two High -Intensity Activated crosswalks (HAWKS) located near Paradise Valley Hospital, and a new traffic signal at the entrance to Euclid Plaza (Val!arta Supermarket) and Windsor Heights Apartments. Staff recommends that City Council take the following actions: 1) authorize the filing of an application for Active Transportation Grant Program (ATGP) funds through the San Diego Association of Governments (SANDAG) for the Euclid Avenue Bicycle and Pedestrian Enhancements Project in the amount of $3,335,000; 2) committing to a local match of $200,000; 3) accepting the terms of the Grant Agreement; and 4) authorizing the City Manager to accept the TransNet ATGP funds and execute a grant agreement with SANDAG, if selected for grant award. It shall be noted that the Grant Agreement contains provisions required by SANDAG, which have been reviewed and accepted by staff. While one such provision is a "hold harmless" provision, staff has determined that risk to the City is minimal since SANDAG's involvement in this grant -funded project is limited to accounting processes and financial audits. 208 of 554 LEGEND PROPOSED BIKE_CORRQQR Class II - bike Lane Install two 5 Buffered Bicycle Lanes Class III - Bike Route Install Shorrows and Signage Class IV - Bikeway Install two 6* Protected Broyale Lanes Road Diet - Remove one or more vehicular travel lanes cm Traffic Signal Ca HAWK Signal Ceri(a.r)teS ' • Ave •—• EXISTING BIKE CORRIDOR : 10 LI - 181k15 LOrlEt C10.35111 - Bike Route Litt Futuna Class 1,11, or III Bikeway' a 0 tura fticr Path' 1,te! 6 Bus Slap Nola- Bicycle Loop Deiectors to be installed ot all signalized intersections + Refer to Bike Muster Plan Continental Crosswalk Avow Peclesirian Actuated LED Sign , Pedestnan Befug_e Island ' • ' City of , ., , . ,. , „..... .ti- ' , : El To On . , Pork n: \ : . San Die -go .- - . •,., -- .. __ r•-. 4= fee E t . ‘. ' , - •?-•• - • - 1,1-Avenue-E - • 2 t" foyon • z . ,16ivision Si ATP Cycle 1 !Protect . Park .1 • ,;`? : Road Died Proiect . • *I _IConstructiori ,•ra A Bend -Out - - HAWK Pedestrian CrassIng .1 Cla55 II Bike Lane 7,, , • • 41h Street, Notional City • •- +. r Project Improvement Map I Class III Blke Route ClosIVBlkew9y. 2-, ; ;4 4th Street, National City , ' • * ;-` 32' ': • Cityof ••4* National City: • - :•• - Bend-Ovis • 6 Continental Crosswalk ' •.•:• •. Pec!astrian Actuated LED Sign • Uncoln Aores Pedestrian Refuge Island ' Granger High schooi .I. '—''''-•+.anr,- , . .., ....., , .::: • .II.•'-:- -- • - . 1. ' • :. --... 1(.1-1)UtS 1.1 - • . I 1 ." ''' ... .:-2., 7.:- ..- .- - -,: ... ..;;-.:.: I .:-:' • - Grove Str.eet I (111001 EN tng PedeSineln.-", 1 ' .-- Bridge ,.. , -.I.__ . :1 . .. fi:8ii7, St AT13. Cycle I Projecrl ill E. ,5 r.i..,,,„.!1,,. -- qConstruction 2016/2017) [6u:4...41-0,3N . .•• ttel. • , • !I y-4,4 EtActizt Avit•ima, ine.voLe. a Pedeoptria4t. Eii400.44144444.t4'4s Pedestrian Actuated LED Sign National City Blvd. National City ' . . County of • S.Or Dieg9 209 of 554 GRANT AGREEMENT TEMPLATE — FOR INFORMATION ONLY [SELECT APPLICABLE PROGRAM: TransNet SMART GROWTH INCENTIVE GRANT PROGRAM OR TransNet ACTIVE TRANSPORTATION GRANT PROGRAM] THIRD FUNDING CYCLE GRANT AGREEMENT [AGREEMENT NUMBER] BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND [INSERT AGENCYJJURISDICT!O 9 NAM REGARDING [INSERT FULL PROJECT TALE] THIS GRANT AGREEMENT [AGREEMENT NUMBER] (Agrees"ie'ntps made this [Day] day of [Month], 2015, by and between the San Diego Association of vein rats, 401 B Street, Suite 800, San Diego, California, hereinafter referred to as SANDAGAnd`the [Grant$ecipient and Address], hereinafter referred to as Grantee. This agreement expifeson [Month] [Day]x.IYear]. �J Note to Grant Recipient: This Agreement Tempicata covers provisions forkthe SGIP and ATGP. Prior to contract execution, the Grant greemeit will be tailoreV to reflect the / applicable grant program. r- Note to SANDAG Contracts Staff: Prfor:*internal routs . references to SGIP and ATGP should be updated as applicable. ``�__; • The following recitals are a substantive partofthis Agreement•._4.: Note to SANDAG Contracts Staff: Select 41fierrielP Recitals or ATGP Recitals. Smart Growth Incve Program (SGIP) Rees (A — J): A. The SANDAG Boggs .of.Dirgttorsallocates fLigds under the TransNet local sales tax program to support local tran aPtr€rn-refi infrastruiture projects in the San Diego region through a con)petiifive process. ' B. e.TransNet Exttrisibn OrCiNancke contains provisions to fund the Smart Growth Incentive Program (SGIP), whl funding`began on April 1, 2008. The SGIP encompasses projects that tter integrate transrrtation and land use and recognizes the comprehensive effort to inte rate smart growth place making, access to transit, and environmental justice. C. In Janua 2010, th9,4ANDAG Board of Directors approved Board Policy No. 035 — Competitive Grant Prog m Rr<ocedures (Board Policy No. 035), which is included as Attachment B. This Grant Award, Nreernent and the Grantee's performance thereunder are subject to Board Policy No. 35, which includes multiple "use it or lose it" provisions. D. The SANDAG Board of Directors approved programming of approximately $12 million in TransNet funds on December 19, 2014, by Resolution Number [insert Resolution Number]. E. On December 19, 2014, SANDAG issued a Call for Projects from local jurisdictions in San Diego County wishing to apply for a portion of the TransNet SGIP funds for use on capital improvement and planning projects meeting certain criteria. 12 210 of 554 F. Grantee successfully applied for TransNet SLIP funding for the [Insert Project Name], as described in Grantee's grant application. The Scope of Work, Project Schedule, and Approved Project Budget are included as Attachment A. Note to SANDAG Contracts Staff: Before finalizing this agreement for internal SharePoint routing, obtain from SANDAG Finance and Planning staff the TransNet MPO ID required to complete Recital G, below. G. Grantee's Project is funded with [insert dollar amount] in TransNet SGIP funds and the TransNet MPO ID for the Project is [insert ID number]. H. The purpose of this Agreement is to establish the terms and,Oonditions for SANDAG to provide Grantee with funding to implement the Project,/ 1. Although SANDAG will be providing financial assistptice'to Grante.to support the Project, SANDAG will not take an active role or retain su)stantial control of the Project. Therefore, this Agreement is characterized as a funding zireenient rather than a cooperative agreement. \ ; J. Grantee understands that TransNet funds derive from ril;transactions and use tax revenues which fluctuate. SANDAG's fundin commitment to Sc1P Projects, including this Project, is subject to these fluctuations, whi : 'i'n r.impact funding vailability for this Project. Active Transportation Grant Program TGP)'als. (A - L):-••, A. The SANDAG Board of Directors allocats fundsAnz derttT TransNet local sales tax program and the Transportatin-Development A (TO -to'supportlocal bicycle and pedestrian transportation p,rojects ill t&eSan Diego f g on'through a competitive process. f B. The TransNet Extension Ordjtance contains rovisions to fund the Bicycle, Pedestrian, and Neighborhood taf vPrn ai PN5P3; whir fianriinn began on lialy 1, 7DOFJ, The BPNSP encompasses bicycle d pe lestria`n-#rave1 pro ects and recognizes the comprehensive effort to integrate smart grotI place making, -access to transit and environmental justice. A C. z..Article 3 of the TDA jarovides titling for Bicycle and Pedestrian Facilities and Programs. D. 'ter the TransNej` PNSP and TDA Article 3 funding are commonly referred to as the SANDAG,Active Trans ortation Grant Program (ATGP). c E. In Januity,„2010, th -` ANDAG Board of Directors approved Board Policy No. 035 - Competitive Grant Progr n Procedures (Board Policy No. 035), which is included as Attachment B. This Grant Award, Agreement and the Grantee's performance thereunder are subject to Board Policy No. 035, which includes multiple "use it or lose it" provisions. F. The SANDAG Board of Directors approved programming of approximately $3 million in both TransNet and TDA funds on December 19, 2014, by Resolution Number [insert Resolution Number]. G. On [December 19, 2014], SANDAG issued a Call for Projects from local jurisdictions in San Diego County wishing to apply for SANDAG ATGP funds for use on capital improvement and planning projects meeting certain criteria. 13 211 of 554 H. Grantee successfully applied for ATGP Funding for the [Insert Project Name] (Project), as described in Grantee's grant application. The Scope of Work, Project Schedule, and Approved Project Budget are included as Attachment A. Note to SANDAG Contracts Staff: Before finalizing this agreement for internal routing, obtain from SANDAG Finance and Planning staff the TDA Claim Number or TransNet MPO ID required to complete Recital 1. below. I, Grantee's Project is funded with [insert dollar amount] in ATGP funds, which includes [insert dollar amount] in TransNet BPNSP funds and [insert dollar amousa;'iin TDA funds, and the TransNet MPO ID for the Project is [insert ID number] and the izbA;Claim Number is [insert claim number]. J. The purpose of this Agreement is to establish the terms and contaons for SANDAG to provide Grantee with funding to implement the Project'`' K. Although SANDAG will be providing financia!sjStance to Grantee to s port the Project, SANDAG will not take an active role or retain- ubstantial coM'trol of the Proj i Therefore, this Agreement is characterized as a funding a rnent r- ther than a coopers ve agreement. L. Grantee understands that TransNr fu ids -derive from ret J transactions and use tax revenues which fluctuate. SANDAG's funding orttiiitrnentto ATGPIrojects, including this Project is subject to these fluctuations, which ay imps riding avail iiIity for this Project. NOW, THEREFORE, it is agreed as follows: 1. DEFINITIONS A. Application. e.stgned an l.dated grant -ication, including any amendment thereto, with all exolanato a.rnoc#t:ing. d_supofefl entary documents filed with SANDAG by or on behalfofthe Grante ar d:atcepfed approved by SANDAG. All of Grantee's application mate iajs, not n v onflict ththis Agreement are hereby incorporated into this Agreement asthough full tforth h' rOiti.. B. `., pprovai, Authori on, Cororrence, Waiver. A written statement (transmitted in ewritten t hard co j�,. py�sor electronically) of a SANDAG official authorized to permit the Grandee to take or o tan action required by this Agreement, which action may not be taken or omih dwithout s kia written permission. Except to the extent that SANDAG determines otherwisein writi , such approval, authorization, concurrence, or waiver permitting the performance r ornission of a specific action does not constitute permission to perform or • omit other simii'ar actions. An oral permission or interpretation has no legal force or effect. C. Approved Project Budget. The most recent statement of the costs of the Project, the maximum amount of assistance from SANDAG for which the Grantee is currently eligible, the specific tasks (including specific contingencies) covered, and the estimated cost of each task, that has been approved by SANDAG. The Approved Project Budget is included in Attachment A. Note to Grant Recipient: Only the applicable grant program will be referenced here. 14 212 of 554 Note to SANDAG Contracts Staff: Choose the appropriate program here. D. [SGIP Funds and Funding. Funding from the TransNet Extension Ordinance for the SGIP.] OR [ATGP Funds and Funding. Funding from the TransNet BPNSP and TDA Article 3 funds.] E. Grantee. The local jurisdiction that is the recipient of ]SGIP or ATGP] funding under this Agreement. F. Notice to Proceed means a written notice from SANDAG issued to the Grantee authorizing the Grantee to proceed with all or G portion of the work described:ir the Scope of Work. Grantee shall not proceed with the work and shalll not be elig i to 'receive payment for work performed prior to SANDAG's issuance of a Notice to Ptscd. G. Subgrantee. Any contractor or consultant, at any tier4id direy or indirectly with funds flowing from this Agreement for the Project. II. PROJECT IMPLEMENTATION f A. General. The Grantee agrees to carry out the Project as foli"b : 1. Project Description. Grantee agrees to per thework as described in the Scope of Work included as t chment A. N 2. Effective Date. The effective date thi5-Agreemerit . r.any amendment hereto is the date on which this Agreemen Or an ar b d nt_is fully'executed. The Grantee agrees to undertake Project work promptly after,eig a,Notice to Proceed from SANDAL. 3. Grantee's paces. The Grantee;agf'e+es to maintain or acquire sufficient legal, financial/technical, arrd rnanagerialcapacity to: (a) plan, manage, and complete the Project a : provide fok the use of anly Project property; (b) carry out the safety and security asp of t/ iiject .and (c) komply with the terms of the Agreement and all applicable lavv°s regulati ns; nd policies pertaining to the Project and the Grantee, ar�clta i g but notiinlited to the trarlsiVet Extension Ordinance and Board Policy ilo U35: ~.:4. Project 5che ulle. The Gt ntee agrees to complete the Project according to the Project Schedul included in Attachment A and in compliance with Board Policy -NO.035, as ameuuded, and included as Attachment B. 5. Project Imp finentation and Oversight. Grantee agrees to comply with the ProjeIrlp#erraentation and Oversight Requirements, included as Attachment C, and Board PdflLcy No. 035, as amended. 6. Changes to Project's Scope of Work. This Agreement was awarded to Grantee based on the application submitted by Grantee, which contained representations by Grantee regarding project parameters, project proximity to transit, and other criteria relevant to evaluating and ranking the Project based on SANDAG [SGIP or ATGP] scoring criteria. Any substantive deviation from Grantee's representations in the Application during project implementation may require reevaluation or result in loss of funding. if Grantee knows or should have known that substantive changes .to the Project will occur or have occurred, Grantee will immediately notify SANDAG in writing. 15 213 of 554 SANDAG will then determine whether the Project is still consistent with the overall objectives of the [SGIP or ATGP] and whether the changes would have negatively affected the Project ranking during the competitive grant evaluation process. SANDAG reserves the right to have [SGIP or ATGP] Funding withheld from Grantee, or refunded to SANDAG, due to Grantee's failure to satisfactorily complete the Project or due to substantive changes to the Project. 7. Media and Community Outreach Coordination. The Grantee agrees notify SANDAG of any media and community outreach efforts, including presentations to community groups, other agencies, and elected officials. pfe Grantee agrees to assist SANDAG with media or community events related to thject, such as ground breaking and ribbon cutting. Press materials shall beroVided to SANDAG staff before they are distributed. SANDAG logo(s) should be iptititikIkiz,press materials and other project collateral, but may never be included .sbch documknts without advance approval from SANDAG. ./ As part of the quarterly reports submi1�4 d'to SANDAG„the Grantee rees to provide project milestone information to support. t dia an 4ommunications forts. SANDAG reserves the right to use the information prided the Grantee for ariV combination of the following, including but not limited toia1;'media posts, online photo albums, videos, press releases, Pow Fgiftpresentations updates, newsletters, and testimonials. In submitting otbs: SANDAG, the)srOtee agrees to release the rights of the photos to SANDAL fort use. 8. Project Signage and Designat on of T ns _Funided Facilities. Each capital project in exe of $250,000 fun* iplivhple or in part by revenues from the TransNet Extension Q'rdinan hall be cleariy;d gnated during its construction or implem tat on as berg provided Iciyrevenues from the TransNet Extension Ordinance. iF Grantee agrees fo. ff, 0w the Proje t Sil ridge Specifications. SANDAG will provide sign specifications ant agrees t.0.followysign specifications and submit proof files to " SANDAG:for:apprbbefore prin`tliig. Baseline D'a��:,Collecitl. For capital projects, Grantee is required to coordinate with SANDAG staff4ii the devfQpment of a baseline data collection plan in accordance with the Projecfilmplementation and Oversight Requirements. B. Applic`ia On of Law . Should a federal or state law pre-empt a local law, regulation, or the TransNet E tersiodinance, the Grantee must comply with the federal or state law and implementiriye uIations. No provision of this Agreement requires the Grantee to observe or enforce compliaf ce with any provision, perform any other act, or do any other task in contravention of federal, state, territorial, or local law, regulation, or ordinance. If compliance with any provision of this Agreement violates or would require the Grantee to violate any iaw, the Grantee agrees to notify SANDAG immediately in writing, Shouid this occur, SANDAG and the Grantee agree that they will make appropriate arrangements to proceed with or, if necessary, terminate the Project or affected portions thereof expeditiously. 214 of 554 C. Notice Regarding Prevailing Wages. SANDAG's [SGIP or ATGP] Grants are funded with TransNet revenues consistent with the TransNet Extension Ordinance adopted by the voters in November 2004 (SANDAG Ordinance 04-01). Although SANDAG Ordinance 04-01 does not require payment of prevailing wages, California law may require that Grantee's public works projects pay prevailing wages for workers. Grantee acknowledges that SANDAG has strongly encouraged Grantee to seek legal counsel regarding whether the Project will be subject to prevailing wage laws consistent with Labor Code Section 1720, et seq. This Agreement requires Grantee's compliance with all federal, state, and local laws and ordinances as applicable. D. Significant Participation by a Subgrantee. Although the,htee may delegate any or almost all Project responsibilities to one or more subgrants, the Grantee agrees that it, rather than any subgrantee, is ultimately responsible for''torpnce,with all applicable laws, regulations, and this Agreement. :. ,,, E. Third Party Contracting. Grantee shall not avya ci;contracts over thr`ee`thousand dollars ($3,000) on the basis of a noncompetitive pr{urement for work to be petforlt;ed under this Agreement without the prior written approval f SSANDAG:'Centracts aware by Grantee, if intended as local match credit, must meet the requtretnthlts set forth in this Agreement regarding local match funds. 1. if Grantee hires a consul nt t carryout profes3ignaI services funded under this Agreement, Grantee shall*epa Jndependent ost.Estimate (ICE) prior to soliciting proposals; publicly7advertiseTor r+ompeting proposals for the work; use cost as an evaluation factor ifyse:lectie conultant; document a Record of Negotiatipn: RON) establishing: a e amount paid by Grantee for the consultant services s fair`aniz reasonable; a11dpass through the relevant obligations in this Agre rnent to the nsultant. 2. If Grantee firesa'contractor to carryout construction services funded under this greement,(rantee sha'11 repare-a i ICE (e.g., a construction cost estimate) prior to soliciting bids,• p blicly advertis ,for competing bids for the work; award the work to the ldwwst respon and responsible bidder; document a RON establishing that the amount piiir by Gra �a� for the construction services is fair and reasonable; and pass *hroug t the rel��t obligations in this Agreement to the contractor. F. Gran(ee's Responsibility to Extend Agreement Requirements to Other Entities 1. EntSties Affected. Grantee agrees to take appropriate measures necessary to ensure that allTroiect participants comply with all applicable federal laws, regulations, and policies electing Project implementation. In addition, if an entity other than the Grantee is expected to fulfill any responsibilities typically performed by the Grantee, the Grantee agrees to assure that the entity carries out the Grantee's responsibilities as set forth in this Agreement. 2. Documents Affected. The applicability provisions of laws, regulations, and policies determine the extent to which those provisions affect an entity (such as a subgrantee) participating in the Project through the Grantee. Thus, the Grantee agrees to use a 17 215 of 554 written document to ensure that each entity participating in the Project complies with applicable laws, regulations, and policies. 3. Flowdown. The Grantee agrees to include in each document (subagreement, lease, third -party contract, or other) any necessary provisions requiring the Project participant (third -party contractor, subgrantee, or other) to impose applicable laws, Agreement requirements and directives on its subgrantees, lessees, third -party contractors, and other Project participants at the lowest tier necessary. G. No SANDAG Obligations to Thirci-Parties. in connection with heProject, the Grantee agrees that SANDAG shaii not be subject to any obligations orAaf i:ities to any subgrantee, lessee, third -party contractor, or other person or entity that'1!s not a party to the Agreement for the Project. Notwithstanding that SANDAG may hav tonctkta?ed in or approved any solicitation, subagreement, lease, or third -party contratat any tr, SANDAG has no obligations or liabilities to any entity other than tbiGrantee, indur'i g any subgrantee, lessee, or third -party contractor at any tier. H. Changes in Project Performance. The GrariVe agrees to.ai'otify SANDA6ediately, in writing, of any change in local law, conditions (i`hludinn4e,ts legal, financial, or'technical capacity), or any other event that may adversely aftthe Grantee's ability to perform the Project in accordance with the tesr s of:the Agreement nd.;as required by Board Policy No. 035. The Grantee also agrees t+ri e fy ANDAG immellately, in writing, of any current or prospective major dispute, breach, 13liefault oclittation that'mayadversely affect SANDAG's interests in the Project; and agrees t6,,inform SANDAG;-also in waiting, before naming SANDAG as a party to litigation for arkreason,-iri9fru.r ;At a minimum, the Grantee agrees to send eachiiiotice:to SANDAG quir d by this subjection to SANDAG's Office of General Counsel/ - - Standard of Choi, The Grantee expressly vxarr-ants that the work to be performed pursuant to this Agreementthal1 3ra'p tfratrri rn armVanrP With the applicable sfanriarrl of rare. Where approval by SANDAGits Extr4ve Director, or other representative of SANDAG is indhtated j the Scope of4 Vork, it is understood to be conceptual approval only and does not .ireve the Graire.of reslibqsibility for complying with all laws, codes, industry standards, ct`and liability for daages cauS'eli negligent acts, errors, omissions, noncompliance with Iqd0stry standards, ot the willfuhrisconduct of the Grantee or its subgrantees, 111. ETF A. Grantee 'G de of,l inductIStandards of Conduct. The Grantee agrees to maintain a written code; conduct or standards of conduct that shall govern the actions of its officers, employees, coufil or board members, or agents engaged in the award or administration of subagreements, leases, or third -party contracts supported with [5GIP or ATGP] Funding. The Grantee agrees that its code of conduct or standards of conduct shall specify that its officers, employees, council or board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential subgrantee, lessee, or third -party contractor at any tier or agent thereof. The Grantee may set de minimis rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value. The Grantee agrees that its code of conduct or standards of conduct shall also prohibit its officers, employees, board members, or agents from using their respective 18 216 of 554 positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain. As permitted by state or local law or regulations, the Grantee agrees that its code of conduct or standards of conduct shall include penalties, sanctions, or other disciplinary actions for violations by its officers, employees, council or board members, or their agents, or its third -party contractors or subgrantees or their agents. 1. Personal Conflicts of Interest. The Grantee agrees that its code of conduct or standards of conduct shall prohibit the Grantee's employees, officers, council or board members, or agents from participating in the selection, award, or administration of any third -party contract or subagreement supported by [SGIP tATGP] Funding if a real or apparent conflict of interest would be involved. Such a c nflict would arise when an employee, officer, board member, or agent, includir tnyrnember of his or her immediate family, partner, or organization that erptoys;,pr'intends to employ, any of the parties listed herein has a financial interest_i.n� firm co' eting for award. 2. Organizational Conflicts of Interest. T ee Grantee agrees that code of conduct or standards of conduct shall include pro dares for identifying and piventing real and apparent organizational conflicts of inte esttAn or a aizational confli of interest exists when the nature of the work to be p i-ro under a proposed third -party contract or subagreement may, without some tritions on future activities, result in an unfair competitive adva#age to_the third -pa Contractor or subgrantee or impair its objectivity in performing a auatract work. B. SANDAG Code of Conduct. SANDAi has estab1j ed policies`concerning potential conflicts of interest. These policies apply to Grantee. For i awar4 5ANDAG, any practices which might result in un194ilaCtivity are prcikribL including, but not limited to, rebates, kickbacks, or oth+ fi itiriawN consideratio` s. ,ANDAG staff members are specifically prohibited frog patticipatini #n the selection process when those staff have a close personal relationship, far t' relatio,�.4hip,-or past (wi in the last 12 months), present, or potential business or' employ rit r$iation #i witi.1 a p suri or business entity seeking a contract with 5AND, # : it -is -unlawful; or any contracio be made by SANDAG if any individual B9trd:rnember or -staff hasa prohibited financial interest in the contract. Staff are also rahibited frorn'sQiiciting or ccepting gratuities from any organization seeking funding from SANDAG. SANDAG\54officers,ioyees, agents, and Board members shall not solicit or listept.gifts, gratuitie..favors, or anything of monetary value from consultants, potential coAt:itants, or parties±o subagreements. By signing this Agreement, Grantee affirms that it has noowledge of An ethical violation by SANDAG staff or Grantee. If Grantee has any reason to eiieve a, c6nflict of interest exists with regard to the Agreement or the Project, it should noti „,the-SANDAG Office of General Counsel immediately. C. Bonus or Commission. The Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its [SGIP or ATGP] Funding application for the Project. D. False or Fraudulent Statements or Claims. The Grantee acknowledges and agrees that by executing the Agreement for the Project, the Grantee certifies or affirms the truthfulness and accuracy of each statement it has made, it makes, or it may make in connection with the Project, including, but not limited to, the Grantee's grant application, progress reports and invoices. 19 217 of 554 IV. AMOUNT OF FUNDING ASSISTANCE The Grantee agrees that SANDAG will provide [SGIP or ATGP] Funding for the Project equal to the smaller of the following amounts: (a) the Maximum SANDAG Amount Approved of $ , or (b) the amount calculated in accordance with the Maximum Percentage(s) of SANDAG Participation, which is percent (%). SANDAG's responsibility to make payments under this Agreement is limited to the amounts listed in the Approved Project Budget for the Project. Grantee's estimate in its application for funding from SANDAG for the Project is the amount that forms the basis upon which SANDAG determines the Maximum SANDAG Amount Awarded and Maximum Percentage(s) of SANDAG Participation. V. MATCHING FUNDS Grantee has proposed to provide matching funds for the Proct and therefore agrees as follows: , A. Duty to Obtain Matching Funds. The Grantee.agrees to provide slifficiient funds or approved in -kind resources, together with the,¢G#P or ATGP] Funding carded, that will assure payment of the actual cost of each Prbj ct activity coyered by this Agreement. The amount of matching funds and percentage(s) .EnatchinOuPds Grantee sha`liprovide are set forth in the Approved Project Budget. The Granteel.grees cb complete all proceedings necessary to provide its share of the -Project costs at 3 ore the time the matching funds are needed for Project costs. B. Prompt Payment of Matching Furl. Th`eGantee agrees provide the proportionate amount of the matching funds promOit]yas it inc Project _cost or Project costs become due. Each of Grantee's invoices... must include its pro eta mat ng fund contribution as reflected in the Approved Project Budget; along wit suilpPrting, descriptive and/or explanatory documentation...forthhe matching funds pivvizded. C. Reduction ofPdihrIwing FU rnds. The Grantee agrees that no refund or reduction of the amount of matchi g,funds magi taiade unless, at the same time, a reduction of the pro�ttior al -amount d#_the [SGIP orA1iP] Funding provided is made to SANDAG in order to maintain-the:i aximum rcentage(s) of SANDAG Participation. VI. < APPROVED PROJECT BUDGET. Except tb.#1p extent that SANDAG determines otherwise in writing, the Grantee agrees as follows: The Grantee a nd. SANDAG have agreed to a Project budget that is designated the "Approved Project Budget", the Grange will incur obligations and make disbursements of Project funds only as authorized bye Approved Project Budget. An amendment to the Approved Project Budget requires the issuance•:`of.a formal amendment to the Agreement, unless the re -allocation of funds among budget items Or fiscal years that not increase the total amount of the [SGIP or ATGP] Funding awarded for the Project, does not negatively impact the benefits obtained from the Project, and is consistent with applicable laws, regulations, and policies. Prior written SANDAG Project Manager approval is required for transfers of funds between Approved Project Budget line items. 218 of 554 VII. PAYMENTS A. Grantee's Request for Payment When Matching Funds Are Required. The Grantee will demonstrate or certify that it will provide adequate matching funds such that, when combined with payments from SANDAG, will cover all costs to be incurred for the Project. Except to the extent that SANDAG determines, in writing, that the Grantee may defer its provision of matching funds for the Project, a Grantee is required under the terms of this Agreement to provide matching funds for the Project and agrees that it will not: 1. Request or obtain matching funds exceeding the amount justified by the matching share previously provided, or 2. Take any action that would cause the proportion ofiSGtPpr..ATGP] Funding made available to the Project at any time to exceed thr :pertenta e •authorized by the Agreement for the Project. B. Payment by SANDAG. Upon receiving a regj t for payment and adequate supporting information, SANDAG will make payment, [or r projects )yrth,TDA funding; authorize the County of San Diego to make payment] for elig41.7 amounts to Grantee withri thirty (30) days if Grantee has complied with the requirements;of ft :Agreement, including submission of a Quarterly Report which is included as Attachment,: has satisfied SANDAG that the [SGIP or ATGP] Funding requester•s- eded.for Project pgrpases in that requisition period, and is making adequate progress t rrd:,completion,consistent with Board Policy No. 035. After the Grantee has dem$ Crated `s`attsfactory com'tiltance with the preceding requirements, SANDAG may reimburs0 the Gra t e'S Vieren.t allowable costs incurred consistent with the .610fiebved Project B dget,ANDAG shbil retain ten percent (10%) from the amounts invgilred irnt4 ..,satisfactory cbinle:tion of work. SANDAG shall promptly release retention amo#ntito Granter following r;ra1ltee's satisfactory completion of work and receipt of Grantee's final in oiceand all recj aired documentation. E C. Eligible Costs. The`Gfan ee-agrees_that'Project costs eligible for [SGIP or ATGP] Funding mu tfomplyWith the it lowing requirements, unless SANDAG determines otherwise in vi6ting:`To beettible for 'reimbursement, Project costs must be: with the Proje S . , \„:1. Consistent cope of Work, the Approved Project Budget, and other provisions of th' Agreement. 2. Necessary in order to accomplish the Project. 3. ReasoTjableforthe goods or services purchased. 4. Actual netcosts to the Grantee (i.e., the price paid minus any refunds, rebates, or other items of value received by the Grantee that have the effect of reducing the cost actually incurred, excluding program income). 5. Incurred for work performed, only on a reimbursement basis, after both the Effective Date of the Agreement and following Grantee's receipt of a Notice to Proceed from SANDAG. 219 of 554 6. Satisfactorily documented with supporting documentation which is to be submitted with each invoice. 7. Treated consistently in accordance with generally accepted accounting principles and procedures for the Grantee and any third -party contractors and subgrantees, (see Section 6 Accounting Records). 8. Eligible for [TransNet or TransNet and TDA] Funding as part of the [SGPP or ATGP]. 9. Indirect Costs are only allowable with prior SANDAG approval. Grantee must submit the following documentation as part of the grant app!icato, `rneterials: (1) an indirect cost allocation audit approved by a qualified independent uditor or (2) the applicant's proposed method for allocating indirect costs in ac ordance with OMB guidelines. Indirect cost allocation plans must be reviewed ad renewed annually. 10. Project generated revenue realized by the,Gfantee shall be utiNed in support of the Project. Project generated revenue and penditures, if any, sha l l i e. reported at the end of the Agreement period. D. Excluded Costs 1. In determining the amount_if SIP or ATGP] Fund;rrrp-SANDAG will provide for the Project, SANDAG will a. Any Project cost incurred .by the Gra a before eider the date SANDAG issues a r Notice to Proceed to Grange or therect Dote of the Agreement or any Amen drdent thereto; b. A r cost that is not included 6 the latest Approved Project Budget; c. Any costfor P,i ject property or.services received in connection with a subagreement,lfease; bird -Tarty ontract, or other arrangement that is required to -be, but'h; s not been, ca5na rred in or approved in writing by SANDAG; and d. Any est ineligN for SANDAG participation as provided by applicable laws, regulaf ns; or polil3 ;: } 2. `\ Certain costs at 'rimes associated with bicycle and pedestrian projects are not eligible "hen the benefit provided is not the exclusive use of bicyclists or pedestrians. These • instances are fisted below. a. Cc and gutter are part of the roadway drainage system. As such, newly installed curb and gutter cannot be considered an improvement exclusively for the benefit of the sidewalk or bike lane and are not an eligible expense. b. Driveway ramps installed across sidewalks are not for the benefit of pedestrians, and in fact, degrade the pedestrian environment. Claimants may not include the cost of driveway ramps in applications for sidewalk projects. However, the distance across the driveway may be included when computing the per -square - foot cost of the sidewalk. 22 220 of 554 c. Where roadway design standards require a roadway shoulder width at least as wide as would be required for a standard bike lane, the cost of the shoulder construction will not be eligible. Appropriate bikeway signage is eligible. d. Under some circumstances, it may be necessary to remove and replace curb and gutter, driveway ramps, drainage facilities and other existing improvements in order to construct a bikeway or sidewalk. In such cases the cost of this work is most likely eligible, but claimants should carefully document why this is so in the claim submittal. E. The Grantee understands and agrees that payment to the Grantee.for any Project cost does not constitute SANDAG's final decision about whether thateostrsallowable and eligible for payment under the Project and does not constitute a waiir`er:of any violation by the Grantee of the terms of the Agreement for the Project or BordPolicy No:a 35. The Grantee acknowledges that SANDAG will not make a final determination abqutthe allowability and eligibility of any cost until the final payment hatizieen made on the Prbjettor the results of an audit of the Project requested by SANDAG/or its Independent Taxpayer`Oversight Committee (]TOC) has been completed, whichever occurs latest. If SANDAG 'determines that the Grantee is not entitled to receive any portionbfthei5GIP or ATGP] Funding requested or paid, SANDAG will notify the Grantee in writing, stag Its reasons. The Grantee agrees that Project closeout will not alter the rantee.'s responsibilit io:return any funds due to SANDAG as a result of later refunds, correct rforniance deficiencies, or other similar actions; nor will Project closeout alter SANDAG's‘r ight td d sail w costs and recover funds provided for the Project on the basis of a later audit ornther rev ew..Upon..notifi ation to the Grantee that specific amounts are owed to SANDAG\whethieffor.eikesspayments of [SGIP or ATGP] Funding, disallowed costs, or funds recoered from third parties or elsewhere, the Grantee agrees to prompt' remit tb:SANDAG the'amounts owed, including applicable interest, penalties and ,~ninistrativechrges. VIII. ACCOUNTING RECORDS In compliancew4h applicable laws, regulations; -and policies, the Grantee agrees as follows: A. 1F Project Accounts. The Granteeagrees to establish and maintain for the Project either a \separate set of accoii is or separ+ to accounts within the framework of an established wonting system that can be identified with the Project. The Grantee also agrees to mairtarri documentat an of all checks, payrolls, invoices, contracts, vouchers, orders, or other accounlg docume9ts related in whole or in part to the Project so that they may be clearly identified, -eadilyaiccessible, and available to SANDAG upon request and, to the extent feasible, keps-t*parate from documents not related to the Project. B. Documentation of Project Costs and Program Income. Except to the extent that SANDAG determines otherwise, in writing, the Grantee agrees to support all costs charged to the Project, including any approved services or property contributed by the Grantee or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges, including adequate records to support the costs the Grantee has incurred underlying any payment in which SANDAG has agreed to participate in based upon a payable milestone. 23 221 of 554 IX. REPORTING, RECORD RETENTION, AND ACCESS A. Types of Reports. The Grantee agrees to submit to SANDAG all reports required by law and regulation, policy, this Agreement, and any other reports SANDAG may specify. B. Report Formats. The Grantee agrees that all reports and other documents or information intended for public availability developed in the course of the Project and required to be submitted to SANDAG must be prepared and submitted in electronic and/or typewritten hard copy formats, as SANDAG may specify. SANDAG reserves the right to specify that records be submitted in particular formats. C. Record Retention. During the course of the Project and f9fthree years thereafter from the date of transmission of the final expenditure report, the,Graniee agrees to maintain, intact and readily accessible, all data, documents, reports, ree6rds, cost{acts, and supporting materials relating to the Project, as SANDAG may rewire. D. Access to Records of Grantees and Subgrarttees. The Grantee agrees*to permit, and require its subgrantees to permit, SANDAG o .jts authorized4epresentatives, upon request, to inspect all Project work, materials, payrolls, and',ther.data, and to audit the bolts, records, and accounts of the Grantee and its subgrantees portaiinng to the Project. E. Project Closeout. The Grantee agrees that Project closeout does not alter the reporting and record retention requirements of ibis Agre m nt. F. Quarterly Reports. Grantee shall subrriit written quarterly reports to SANDAG detailing the progress of its work, expenditures inci)'tred, anil�tnforrr ,nn regarding whether the Project is projected to be coleted Within the lirli1ts.4iite Approved Project Budget, Project Schedulp,`and cons"is ent with Board Policy No. 035 and any policy amendments thereto. GranteNe shall docurthent the progress`and results of work performed under this Agreement to thb. atisfactjl n`o1 SANDAG. This includes progress and final reports, plans, specifications, estim es,nd otliertvrdence 0 attainment of the Agreement objectives, which -are requested bb SkANDAG or (TMC,.Grantee may be required to attend meetings of SAIADAGstaff4nitcmmilttes, including but not limited to ITOC, the Regional Planning .A`o nrnittee, the TT-0,rsportatittit, Committee, and the SANDAG Board of Directors, to report on °.,itsprogress and respphd to que ens. G. Co unities Served Data and Report. !f requested, Grantee shall provide SANDAG with data regarding how the Project's benefits and burdens were equitably distributed among socio an tdriomicj opulations in the area affected by the Project, and associated smart growth date.. X. Project Completion, Audit, Settlement, and Closeout A. Proiect Completion. Within ninety (90) calendar days following Project completion or termination by SANDAG, the Grantee agrees to submit a final certification of Project expenses and final reports, as applicable. Ail payments made to the Grantee shall be subject to review for compliance by SANDAG with the requirements of this Agreement and shall be subject to an audit upon completion of the Project. 222 of 554 B. Project Audit. Note to Grant Recipient: Only the applicable sections will be included. Note to SANDAG Contracts Staff: Please choose the appropriate: For TransNet-funded projects: The Grantee agrees to have financial and compliance audits perfdrrfied as SANDAG may require consistent with the TransNet Extension Ordinance. Th€iantee agrees that Project closeout will not alter the Grantee's audit responsibilities. A dit costs are allowable Project costs. / For TDA-funded projects: The Grantee agrees to have financial and con fiance audits performed a SANDAG may require consistent with Public Utilities Code Srecidn 99245,)6r TDA funds; grid onsistent with the TransNet Extension Ordinance for TransNet airids..Th� Grantee agrees tha ,Project closeoutwill not alter the Grantee's audit responsibij ties,Audit costs are allowable Project costs. C. Performance Audit. The Grantee\igreesornperate with;SANDAG or ITOC with regard to any performance audit that is perf*ed onTe,tectpursuaDt,to the TransNet Ordinance. D. Project Closeout. Pr ectcloseout occurs wh SANDA_notifies the Grantee that SANDAG has dosed the Proj�and; of applicable\eit e ;forwards the final [SGIP or ATGP] Funding payment and o; cknowledigesethat the Grantee has remitted the proper refund. The Grantee agrees that Pr`ofectcloseout y5ANDAG d .:trot invalidate any continuing requirements imposed by the A eernentfor anyunmet re uirements set forth in a written notification from SANDAG. E. Pf�fiiecitibse, qrantee was: warded this Agreement based on representations in its grant ,: application regarImg the P 'ects intended use. If the Project is a capital project, Grantee `'\shereby commits to' rtinued of the Project for the purposes stated in its application for a km. d. of at least five- ars after compietion of construction. SANDAG may require Grantee to r 1.Md. SGIP fundin provided for the Project in the event Grantee fails to utilize the Project-or:'its intended purposes as stated in the grant application or for any disallowed costs. XI. TIMELY PROGRES'S AND RIGHT OF SANDAG TO TERMINATE A. Grantee shall md'ke diligent and timely progress toward completion of the Project within the timelines set forth in the Project Schedule, and consistent with Board Poiicy No. 035 and any policy amendments thereto. If timely progress is not achieved, SANDAG may; in its sole discretion, review the status of the Project to determine if the remaining funding should be reallocated to another eligible project, as per Board Policy No. 035. Grantee understands and agrees that any failure to make reasonable progress on the Project or violation of this Agreement and/or Board Policy No. 035, that endangers substantial performance of the Project shall provide sufficient grounds for SANDAG, in its sole discretion, to terminate this Agreement. 25 223 of 554 B. In the event Grantee encounters difficulty in meeting the Project Schedule or anticipates difficulty in complying with the Project Schedule, the Grantee shall immediately notify the SANDAG Project Manager in writing, and shall provide pertinent details, including the reason(s) for the delay in performance and the date by which Grantee expects to complete performance or delivery. This notification shall be informational in character only and receipt of it shall not be construed as a waiver by SANDAG of a project delivery schedule or date, or any rights or remedies provided by this Agreement, including Board Policy No. 035 requirements. C. Upon written notice, the Grantee agrees that SANDAG may suspend:or terminate all or any part of the [SGIP or ATGP] Funding to be provided for the Prpjectif the Grantee has violated the terms of the Agreement, or Board Policy No. 035, or ifNDAG determines that the purpose of the laws or policies authorizing the Project wbuld`ri+ t be adequately served by the continuation of [SGIP or ATGP] Funding for the Project ' D. In general, termination of [SGIP or ATGP] Fundirfg` for the Project will rtpt invalidate obligations properly incurred by the Grantee ore the terrr)ination date he extent those obligations cannot be canceled. If, however, SANDAG determnes that the Gr rttee has willfully misused [SGIP or ATGP] Funding by failirig,to mief4 adequate progress; or failing to comply with the terms of the Agreement, SANDAGerves the right to require the Grantee to refund to SANDAG the entire a4loilnt of [SGIP or ATr P].'Funding provided for the Project or any lesser amount as SANDAG ri y; errnine. E. Expiration of any Project time period established the Projects *edule will not, by itself, automatically constitute an expiration pr termi tiori Pfp6Agreement for the Project, however, Grantee mfst request and 5ANDA 4nay agree to -amend the Agreement in writing if the Project Scb duie wilT{3o+ot.be met. Ali amendment to the Project Schedule may be made at SANDAG's dkscretion if Gr'antee's reques is consistent with the provisions of Board Policy No. 035. XII. CIVIL RIGHTS The Graztee agrees-tpcorrnply W1i all applicable civil rights laws, regulations and policies and shall incivde the provisions of,this . Secti 12 in each subagreement, lease, third party contract or other IegaiiyFbinding document' perform ork funded by this Agreement. Applicable civil rights laws, regulatigps.and policies include, but are not limited to, the following: A. Nandi urination/SANDAG implements its programs without regard to income level, disability,.ce,.col and national origin in compliance with the Americans with Disabilities Act and Titiktil a(the Civil Rights Act. Grantee shall prohibit discrimination on these grounds, notify the pubf Of their rights under these laws, and utilize a process for addressing complaints of discrimination. Furthermore, Grantee shall make the procedures for filing a complaint available to members of the public and will keep a log of all such complaints. Grantee must notify SANDAG immediately if a complaint is lodged that relates to the Project or program funded by this grant. B. Equal Employment Opportunity. During the performance of this Agreement, Grantee and all of its subcontractors, if any, shall not unlawfully discriminate, harass, or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, 26 224 of 554 religious creed, national origin, disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, denial of family and medical care leave, denial of pregnancy disability leave, veteran status, or sexual orientation. Grantee and its subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (California Government Code Section 12900, et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0, et seq.). The applicable regulations of the Fair Employment and Housing/Commission implementing California Government Code Section 12990 (a-f), set forth in C 6Dter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated intott is Agreement by this reference and are made a part hereof as if set forth in full. Grant e.,an and its subcontractors shall give written notice of their obligations under this clause t6 labor i rganizations with which they have a collective bargaining or other agreement. XIII. OWNERSHIP OF WORK PRODUCT f SANDAG shall own any deliverables created in whole or in par 4or SANDAG's be efit pursuant to the Scope of Work for the Project. The term "deli\ able 'rn€ludes, but is notlimited to, all original drawings, reports, photos, and other documents, i :eluding detailed calculations and other work product developed for the Projector services performe on the Project. XIV. DISPUTES AND VENUE A. Choice of Law. This Agreement sh ill be intetrete in ,accordance with the laws of the �` State of California. \: �t-. F B. Dispute Resol. Lion Pro -Ceps.' In the evept Grantee has a dispute with SANDAG during the performance of,.this Agreer rent, Grantee'shall continue to perform unless SANDAG informs Grantee in writi t0 cease performance. The -dispute resolution process for disputes arising under this Agreement: Shalt be at-f ems _ Grantee, shall sub it a statement of the grounds for the dispute, including all pertinent`ates, naps of persons involved, and supporting documentation, to SANDAG's PreieCt Mana r. The Project Manager and other appropriate SANDAG staff � .wiil review thedocumentation in a timely manner and repiy to grantee within twenty 0) calendar days. Upon receipt of an adverse decision by SANDAG, Grantee may \stibrnit a request. for reconsideration to SANDAG's Executive Director. The request for real sideratian �i :nust be received within ten (10) calendar days from the postmark date of S�AIDA's. reply. The Executive Director will respond to the request for reconsideration within ten (10) working days. The decision of the Executive Director will be in writing. 2. If Grantee is dissatisfied with the results following exhaustion of the above dispute resolution procedures, Grantee shall make a written request to SANDAG for appeal to the SANDAG Regional Planning Committee for SGIP projects or to the SANDAG Transportation Committee for ATGP projects. SANDAG shall respond to a request for mediation within thirty (30) calendar days. The decision of the Regional Planning Committee or Transportation Committee shall be final. 27 225 of 554 C. Venue. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, litigation and collection expenses, witness fees, and court costs as determined by the court. XV. ASSIGNMENT Grantee shall not assign, sublet, or transfer (whether by assignment ordiovation) this Agreement or any rights under or interest in this Agreement. XVI. INSURANCE Grantee shall procure and maintain during the period okpe►'formancef this Agreement, and for twelve (12) months following completion, policiesof:. insurance fro insurance companies authorized to do business in the State of California or the equivalent types nd amounts of self- insurance, as follows: / . . A. General Liability. Combined single limit of KO . per occurrence and $2,000,000 general aggregate for personal anJ._bodily injury, in tiding death, and broad form property damage. The policy must inclu . ari' acceptable "Wa wer,of Transfer Rights of Recovery Against Others Endorsement." The,polity:.m stname SANISas an additional insured in the endorsement. A deductible or reten on. may'be,_u tized, subjectto approval by SANDAG. R. Automobile Liabilit ,for personal a }d.bodiIy;njury;`ii l cling death, and property damage in an amount not leis than $1,000,000. `(; - .z C. Workers' Cor sensation and Employev°s Liability. Policy must comply with the laws of the 5tate of Ca ` ornia. Thy policy must include an acceptable "Waiver of Right to Recover a ' f gS.�a "' G,san additional insured. From Others Eiiu�i`ia:ari,� �, ,aa, t. �s��xDAu D. 13„thir Rimuiretnents. brantee shall fcirnish satisfactory proof by one or more certificates ngtrial copies)�thatit ha ,.the foregoing insurance. The insurance shall be provided by an acceptable insurance providers as. determined by SANDAG, which satisfies the following • iirnum re uireme'` `y 1. \.An insurance cagier qualified to do business in California and maintaining an agent for set ice: of prq ess'within the state. Such insurance carrier shall maintain a current A.NI:'{iest rating •classification of "A-" or better, and a financial size of "$10 million to $24 mi11 n (Class V) or better,` or 2. A Lloyds of London program provided by syndicates of Lloyds of London and other London insurance carriers, providing all participants are qualified to do business in California and the policy provicies for an agent for service of process in California. E. Certificates of insurance shall be filed with SANDAG. These policies shall be primary insurance as to SANDAG so that any other coverage held by SANDAG shall not contribute to any loss under Grantee's insurance. Insurance policies shall not be canceled without first giving thirty 28 226 of 554 (30) days advance written notice to SANDAL. For purposes of this notice requirement, any material change in the policy prior to its expiration shall be considered a cancellation. XVII. INDEMNIFICATION AND HOLD HARMLESS A. Generally. With regard to any claim, protest, or litigation arising from or related to the Grantee's performance in connection with or incidental to the Project or this Agreement, Grantee agrees to defend, indemnify, protect, and hold SANDAG and its agents, officers, Board members, and employees harmless from and against any and all claims, including, but not limited to prevaiiing wage claims against the Project, asse„ilea ,or established iiabiiity for damages or injuries to any person or property, inciuding inju:iy to the Grantee's or its subgrantees' employees, agents, or officers, which arise fr#6m or are connected with or are caused or claimed to be caused by the negligent, reckieg,..or•.Ilful acts or omissions of the Grantee and its subgrantees and their agents, officers, r.employges; .gin performing the work or services herein, and all expenses of investigatVg. and defendirgagainst same, including attorney fees and costs; provided, however, teat the Grantee's duty`td indemnify and hold harmless shall not include any claims or liab{ffty arising frown the estabhsf ed sole negligence or willful misconduct of SANDAG, its Board ofbtrettors, agents, officers, or etlployees. B. Intellectual Property. Upon request by SANDAG;.;.t}ie Grantee agrees to indemnify, save, and hold harmless SANDAL and i Board of Directors; cers, agents, and employees acting within the scope of their officialstuti>4sagainst any lia lay, including costs and expenses, resulting from any willful or inteptionat-at olation by the rantee of proprietary rights, copyrights, or right of privacy, arNipg out of;he publicatron, translation, reproduction, delivery, use, or disposition of any datfurnishe under the Project. The Grantee shall not be required to indem ify SANDAG for any sur,,Ff.lia_bility cau-sped solely by the wrongful acts of SANDAG employeees dr agents, N XVIII.INDEPENDENT° NTRACTe')IT i / A. Status of Grantee: ra-Atee sha1I-p rforrn the services provided for within this Agreement as an independent -contra * r,•and not as`'aimemployee of SANDAG. Grantee shall be under the ntrot of SANQAG`;as to 14 result to be accomplished and not the means, and shall consult , with SANDAG as Kovided n the Scope of Work. The payments made to Grantee pursuant ``o this Agreement shall be thil and complete compensation to which Grantee is entitled. SANDAG shall not make any federal or state tax withholdings on behalf of Grantee. SANDAG shal of be required to pay any workers' compensation insurance on behalf of Grantee. Granteegrees to iaifemnify SANDAG for any tax, retirement contribution, social security, overtime p rrien,t'or workers' compensation payment which SANDAG may be required to make on beh# of Grantee or any employee of Grantee for work done under this Agreement. 9. Actions on behalf of SANDAG. Except as SANDAG may specify in writing, Grantee shall have no authority, express or implied, to act on behalf of SANDAG in any capacity whatsoever, as an agent or otherwise. Grantee shall have no authority, express or implied, to bind SANDAG or its members, agents, or employees, to any obligation whatsoever, unless expressly provided for in this Agreement. 227 of 554 XIX. SEVERABILITY AND INTEGRATION If any provision of the Agreement is determined invalid, the remainder of that Agreement shall not be affected if that remainder would continue to conform to the requirements of applicable laws or regulations. This Agreement represents the entire understanding of SANDAG and Grantee as to those matters contained in it. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by SANDAG and the Grantee. XX. PROJECT MANAGER The Grantee has assigned [INSERT PROJECT MANAGER NAME ., s the Project Manager for the Project. Project Manager continuity and experience is deemed/esseratial in Grantee's ability to carry out the Project in accordance with the terms of this Agreement. t(antee shall not change the Project Manager without first providing written notice t9ANDAG. "c;. XXI. NOTICE Any notice or instrument required to be given or .delivered IX- this Agreement ay be given or delivered by depositing the same in any United States`RQst:Othce, registered or certified, postage prepaid, addressed to: San Diego Association of Governments 401 B 5treet, Suite 800 San Diego, CA 92101 Attn: Susan Baldwin 15uchi Mukherjee Grantee: [LOCAL AGENCY NAME [LOCAL AGENCY ADDRESS] Attn: [LOCAL AGENCY'1OJECT MANAGER] N Notice shall be -effective upon receipt thereof. Note SANDAG`C retracts ..After receiving this original agreement back from the Girt ' ancd before suing the aiginal agreement for final SANDAG -wet" signatures, confirm with SANDAL finance and Planning staff that the applicable RTIP has been approVW... 228 of 554 XXII. SIGNATURES The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. SAN DIEGO ASSOCIATION OF GOVERNMENTS [INSERT JURISDa1ON] GARY L. GALLEGOS OR DESIGNEE iuil Name] Executive Director f [Title] APPROVED AS TO FORM: Office of General Counsel AP1?RO(ED AS TO FORM: /tFuJI N rne1 (Title] 229 of 554 ATTACHMENT A SCOPE OF WORK, SCHEDULE, AND APPROVED PROJECT BUDGET Project Location (SPECIFIC PROJECT LOCATION INCLUDING JURISDICTION, COMMUNITY, NEIGHBORHOOD, CORRIDORS, AND INTERSECTIONS) Project Description [PROJECT TYPE (DESIGN AND/OR CONSTRUCTION, MASTER PLAN, ET.:),.T 'PES OF IMPROVEMENTS/RECOMMENDATIONS, PROJECT GOALS] - (INSERT SCOPE, SCHEDULE AND APPROVED PROJECT BUII GET) \ f� A Traret MPO ID NO._ i 230 of 554 ATTACHMENT B BOARD POLICY NO. 035 COMPETITIVE GRANT PROGRAM PROCEDURES Applicability and Purpose of Policy This Policy applies to ail grant programs administered through SANDAG, whether from TransNet or another source, including but not limited to the Smart Grow Incentive Program, Environmental Mitigation Program, Bike and Pedestrian Program, Senior II1ni Grape Program, Federal Transit Administration grant programs, and Active Transportation Grant Program Nothing in this Policy is intended to supersede federal_r state grant rules, regulations, statutes, or contract documents that conflict with the requir{nts in thisolicy. There re`never enough government grant funds to pay for all of the projecl's,,wOrthylf funding in the Sail. Diego region. For this reason, SANDAG awards grant funds on a compkitive basis that takes the grantees' ability to perform their proposed project on a timely basis into acto:nt. SANDAG intends to hold grantees accountable to the project schedules<,,t ey have proposed"tn • order to ensure fairness in the competitive process and encourage grandees t%re't their projectsirnplemented quickly so that the public can benefit from the project deliver11b1es as somas possible. Procedures ... `. .' 1. Project Milestone and Completion Deadlknes 4 ti 1.1. When ''s cling a,*grant agreemht .for a competitive program funded and/or administered by tAfi; gran reap ients must agree to the project delivery objectives and scheciuiesin.the agr ment. In additron,a:grantee's proposal must contain a schedule that f v ithan the f.ollowit deadlines. Failure to meet the deadlines below may result in /lrevocation oh1I grant funds not already expended. The final invoice for capital, planning, • or operations gralits must be sibmitted prior to the applicable deadline. 1.1.1. Fund`}ng • for Capital Projects. If the grant will fund a capital project, the project musk be completed according to the schedule provided in the grant ',agreement/but at the latest, any necessary construction contract must be awarded within .two years following execution of the grant agreement, and construction mustMe completed within eighteen months following award of the construction contract. Completion of construction for purposes of this policy shall be when the prime construction contractor is relieved from its maintenance responsibilities. If no construction contract award is necessary, the construction project must be complete within eighteen months following execution of the grant agreement. 1.1.2. Funding for Planning Grants. If the grant will fund planning, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary consultant contract must be awarded within one year following execution of the grant agreement, and the planning project must be 33 231 of 554 complete within two years following award of the consultant contract. Completion of planning for purposes of this policy shall be when grantee approves the final planning project deliverable. If no consultant contract award is necessary, the planning project must be complete within two years of execution of the grant agreement. 1.1.3 Funding for Operations Grants. If the grant will fund operations, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary services contract for operatiois must be awarded within one year following execution of the grant agreem9rit,and the operations must commence within six months following award o;he: operations contract. If no services contract -for operations is necessary, the, perations project must commence within one year of execution of the grant agr rnery ; 1.1.4 Funding for Equipment or Vehicles Grants. If the `g ant,will fund equipment or vehicles, the project must be completed according to the sedule provided in the grant agreement, but at the latest, iny.necessary purchase corita-acts.. for equipment or vehicles must be awarded within, one yearrfollowing execution of the grant agreement, and use of the equipment or vehicles for the benefit of the public must commence within six months following award of the purchase contract. 2. Project Milestone and Completion dine. Extensions .. .:..:: 2.1. Schedules within grant agi ernents nny include project scopes and schedules that will identify interim milestones in addition tp`thos described in Section 1 of this Policy. Grant recipients mat ire eive extensions: oh/their project schedules of up to six months for good cause. Ex ras!ons-of up to six mtptiisaggregate that would not cause the project to miss a completion deadline in Section. 1 ` may be approved by the SANDAG Executive Director. Exteons beyond six months ag negate or that would cause the project to miss a completion deadfice must be approved by the Policy Advisory Committee that has been.. delegatedhe necessity -authority by the Board. For an extension to be granted Ulfi er this Section 2, thejQiiowing conditions must be met: k 2.1.1. Pqr extension requests of up to six months, the grantee must request the extension writing tote SANDAG Program Manager at least two weeks prior to the earliest 'project schedule milestone deadline for which an extension is being requested. The Executive Director or designee will determine whether the extension \should be panted. The Executive Director's action will be reported out to the Board in followifig month's report of delegated actions. N.- 2.1.2`\. grantee seeking an extension must document previous efforts undertaken to maintain the project schedule, explain the reasons for the delay, explain why the delay is unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee proposes. 2.1.3. If the Executive Director denies an extension request under this Section 2, the grantee may appeal within ten business days of receiving the Executive Director's response to the responsible Policy Advisory Committee by sending the appeal to the SANDAG Program Manager. 34 232 of 554 2.1.4. Extension requests that are rejected by the Policy Advisory Committee will result in termination of the grant agreement and obligation by the grantee to return to SANDAG any unexpended funds within 30 days. Unexpended funds are funds for project costs not incurred prior to rejection of the extension request by the Policy Advisory Committee. 3. Project Delays and Extensions in Excess of Six Months 3.1. Requests for extensions in excess of six months, or that will cause a project to miss a completion deadline in Section 1 (including those projects, inat were already granted extensions by the Executive Director and are again fa!J ng behind schedule), will be considered by the Policy Advisory Committee upon request to the SANDAG Program Manager. 3.2 A grantee seeking an extension must diticuMent preps .efforts undertaken to maintain the project schedule, explain the reasons for the delay, ;explain why the delay is unavoidable, and demonstrate an ability to4ucceed in the extended timeframe the grantee proposes. The grantee must provide the ne`cssary infornitlon to SANDb.A staff to place in a report to the Policy Advisory Committee. 1f,i,suffi5 nt time is available`,tand the grant utilized TransNet funds, the request will first `ire taken to the Independent Taxpayer Advisory Committee (1TOC) fOr a recommends on. The grantee should make a representative available at the.. rn epng --to present a information to, and/or answer questions from, the ITOC and Polr Advi3 n Committee. 3.3 The Policy Advisory Committee' will only graQt_an extension under this Section 3 for extenuating circumstarites,that the gr ntee ould not have reasonably foreseen. 4. Resolution andfExecution ofthe Grant Avoreement 4.1 Two weeks prior: to the review by.kthe Policy Advisory Committee of the proposed grants, prospective.gra #ees must submit%a resolution from their authorized governing body t4tindudes:the pro ions in this .titilisection 4.1. Failure to provide a resolution that meets the: Oatfu`rrem.etts•in this.� S�ubsection 4.1 will result in rejection of the application and the ' application will I e dropped, from consideration with funding going to the next project as scored by the evaluation cor iivittee. In order to assist grantees in meeting this resolution `deadline, when SANDAG issues the call for projects it will allow at least 90 days for grant application submissitjrn. ' 1.1 GrA tee governing body commits to providing the amount of matching ft�7is sef forth in the grant application. 4.1.2 'Grantee governing body authorizes staff to accept the grant funding and execute a grant agreement if an award is made by SANDAG. 4.2 Grantee's authorized representative must execute the grant agreement within 45 days from the date SANDAG presents the grant agreement to the prospective grantee for execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation of the grant award. 233 of 554 5. Increased Availability of Funding Under this Policy 5.1. Grant funds made available as a result of the procedures in this Policy may be awarded to the next project on the recommended project priority list from the most recent project selection process, or may be added to the funds available for the next project funding cycle, at the responsible Policy Advisory Committee's discretion. Any project that loses funding due to failure to meet the deadlines specified in this Policy may be resubmitted to compete for funding in a future call for grant applications. Adopted: January2010 Amended: November 2014 234 of 554 ATTACHMENT C PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS Capital Grants 1. Contact Information: Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Baseline Data Collection: Prior to the construction of gri,441t7fpnded improverner.ts, the Grantee is responsible for developing a baseline data collect) plan with SANDAG to gather information on pedestrian and bicyclist activity. At a mini urb, .data should be collected for observed bicycle and pedestrian volumes, behavior, and attitudes intF project area. Once the data collection plan is approved by.SANDAG staff, the Grante.isiesponsible.•for"carrying out the plan and returning collected data to SANDAG as a delivefibfe Standardized ¥orris required for data collection will be provided by SANDAG. Grantees are encouraged to use the National Bicycle andi''edestrian Documentation Project methodology and plan for the following: • Conduct counts prior to project construction, during ational Documentation Days in the second week of September. Suppiementarycounts and'su:rveys can be conducted during January, May, and July to provide ssasonal da a, f desired r. • Conduct counts for two hours, at pi k.tim 'rejbtive- the facility. For example, facilities attracting utilitar ri trips -should be c'ti)un4d on a Tuesday, Wednesday, or Thursday from 5 to 7 p.m., whereas fac htaes.attractingtrecreational trips should be counted on a Saturday, from 9 to 11ap. iii the case that the above tiJri e3rair7 " are-deernvd infeasible due to the project schedule, the Grantee and SANDAG wiB collaborate -caman ,alternative data collection methodology and procedure. Assetof Grantees maybe selecte for in-depth evaluation by SANDAG, in which case, SANDAG will co duct the data collaNtion effort"with required participation from Grantee staff. Such in-depth evaluation, .conducted by\, SANDAG will take place solely for the purpose of SANDAG Active Transflortation data) collection and monitoring efforts, and will not impact Grantees' budgets. Grantees shouid plan to budget five thousand dollars ($S,OOO) for data collection. For questions or assistance with data• ,- collection, contact Christine Eary at Christine.Eary@sandag.org, or (619) 699-6923. 3. Design Development and Community Meetings: Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of al! design development and community meetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate. 235 of 554 4. Plan Review: Grantee must submit project design drawings and cost estimates (if available) to SANDAG for review and comment at 30 percent, 60 percent, 90 percent, and 100 percent. SANDAG staff may meet with the Grantee to comment on submitted plans and assure substantial conformance. SANDAG may comment on submitted plans regarding: Whether they are consistent with the Project proposed in the original grant application, and • Consistency with accepted pedestrian/bicycle facility and smart growth design standards. 5. Quarterly Reports and Invoices: Grantee must submit quarterly reports and invoices to SANDAG, detailing accomplishments in the quarter, anticipated prioress next quarter, pending issues and actions toward resolution, and status of budget and schedule'. Furthermore, the Grantee agrees to provide project milestone information (such as preser #at tns to community groups, other agencies, and elected officials, ground-breakings, and rilorl=cutgs): to support media and communications efforts. 6. Media and Community Outreach Coordinatiok Press materials shall be provided to SANDAG staff before they are distributed. SANDAG Iogo(s)" should be included in press materials and other f project collateral. Furthermore, the grantee agrees\tp provide project milestone\lnformation to support media and communications efforts. 7, Photo Documentation: Grantees afe responsible for the ▪ fctllow,ing photo documentation: • • Before and after photos, which sstould`be._takenfrom similar angles to showcase how a particular area has been transformed over time. • Project milestonepliotos (such as groU d-tr akangs and ribbon -cuttings). • Photos taken throughout; Qnstruction chases and throughout the length of the project. Photos should be\IVI resolution_(at least 4 inthes by 6 inches with a minimum of 300 pixels per inch) and contain captions With .�roject..descrifItions, dates, locations, and the names of those featured, if_appropriate:. ' S. Prceect,5ignaget4ach.proje or program in excess of $250,000 funded in whole or in part by rev ,ues from the TranWet.Fxteniv Ordinance shall be clearly designated during its construction or iriipiernentation as beihp providedy"such revenues. SANDAG will provide sign specifications. Grantee'agrees to follow si4n specifications and submit proof files to SANDAG for approval before printing. ``-.\ 9. Performance MOnitp ing: SANDAG staff may measure performance of the constructed capital improvements agaig�st sated project objectives, and evaluate the overall grant program. Grantee is expected to meet with SANDAG staff to identify relevant performance measures and data sources, and provide available data and feedback regarding the program as appropriate. 236 of 554 Planning and Non -Capital Grants I. Contact lnfon-nation. Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Request for Proposals and Consultant Selection. Upon request by SANDAG, Grantee must submit consultant draft Request for Proposals to SANDAG staff for- review and comment for consistency with the agreed upon Scope of Work with SANDAG (Att9chtnent A). 3. Quarterly Reports. Grantee must submit quarterly/ reports to SANDAG, detailing accomplishments in the quarter, anticipated progress nex -'quartet- pending issues and actions toward resolution, and status of budget and schedule. 4. Stakeholder and Community Meetings. Grantee must provide 5ANDAA:with advance notice (preferably within two weeks) and agendas of all stakeholder and commun1 y meetings, and a meeting summary following the meeting. SANDAG st€lff may attend any meetings as appropriate. 5. Media and Community Outreach Coordination. Pr' s.ma'terials shall be provided to 5ANDAG staff before they are distributed. SANL [G logos) should be,induded in press materials and other project collateral. Furthermore, the Grantee,.agrees to provi 2sproject milestone information to support media and communications efforts: 6. Photo Documentation. Grantees are responsible i irthefoliowing photo documentation: • Existing conditi�'s;photos, which should i ustrate the current conditions of the project site and demons4r`ate the need:for improveclqacilities ▪ Project milestonephotos (such as workshops, presentations to community groups, other agencies, and ele teal offkkials) Photos should -be 'high resolu Lori (at least Zigches by 6 inches with a minimum of 300 pixels per inch) id coritaint ons wi project descriptions, dates, locations, and the names of those featured, if appropriate: 237 of 554 ATTACHMENT D QUARTERLY REPORT AND INVOICE FORMS TransNet Smart Growth Incentive Program and TransNetJTDA Active Transportation Grant Program Quarterly Report Report Submittal Date: [insert] Reporting Period: [insert - Example: FY 2014, Quarter 1] /' PART 1: DESCRIPTION OF ACTIVITY FOR/REPORTING PE`'I IOD 1. Work Accomplished This Reporting Period O [INSTRUCTIONS: Replace this tot with a detaitod ,description of work completed and underway during the reporting, ribtl In a bullet for t,'reference specific tasks.] Example: • Task 1 - Award Consultant Con,tract:sued RFP:and convened a selection panel of 5 memberyfr'orrn the City, MTS, f TCD and SANDAG to shortlist 3 of 9 firms. The panel intervie`Wed the ..,firms and selected XYZ Group for this project. The City Council • approired the constant contract nth XYZ Group on January 1, 2014. City staff held a kick-o meetin iprt;January 10, 294, • Task 2 — Nbiie Outreach,- City -stiff and XYZ Group began organizing the first wiirkthop for i1s'project. 1he...anticipated date of the first workshop will be in the Febni ry1March 14 timeframe. • Task 3=Ft:` `•. • Task 4-Et±. N. 2. Deliverables Produced This Reporting Period [INSTRUCTION5:: 'urnmarize the deliverables produced during this period and indicate the date subm tt d to SANDAG. Deliverables can be submitted as an attachment to this report. See Item 5 for more details.] Example: • Final RFP —Submitted in December 2014. • Approved Consultant Contract and Kick -Off Meeting Notes - Submitted with this report. Please see accompanying list of attachments. 3. Is there an accompanying invoice for this period? 40 238 of 554 [INSTRUCTIONS: Indicate YES or NO.] 4. Work Anticipated for the Next Reporting Period [INSTRUCTIONS: Replace this text with a brief description of work anticipated for the next reporting period. Also note any upcoming meetings or workshops.] 5. List of Attachments • [INSTRUCTIONS: List any deliverables or invoice documents ached to this report. Attachments over 6MB should be sent via WeTransfer.] ..' WeTransfer Link: https://sandag.wetransfer.com/ Example: c,, • Attachment 1: Consultant Contract • Attachment 2: Kick -Off Meeting Notes \� • Attachment 3: Invoice Sp dsheet • Attachment 4: Invoice D ttroifvWion i PART 2: SCHEDULE AND TASKt'! TATU Task Scheduled Start Date (Per Grant Scope of Work) Scheduled Completion Date (Per Grant Scope of Work) Status Timing , . Anticipated Start Date (/f Different from Grant Scope of Work) Antidpated Completion {if :. Different from Grant Scope of Work) NTP D .' Yy ` Tas k [mm/ddlyy] `'•,irriin/dd/yy i 1 ` '[In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/ddlyy] [rnm/dd/yy] Task 2: Policy No. 035 Milestone %rddfyy] \. A `' ` ' \ [[tin /dd/yy] ` [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/ddlyy] [mm/dd/yy] Task 3: Policy No. 035 Milestone [mm/ddiyy] [mmldd/yy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/ddlyy] [mmidd/yy] 239 of 554 PART 3: CHALLENGES, SCHEDULE DELAYS, AND AMENDMENT REQUESTS Challenges and Actions Toward Resolution (if applicable) [INSTRUCTIONS: If you are experiencing challenges in completing project tasks, please provide information about the delay and actions taken to resolve issues. If an amendment is needed, provide justification and check the appropriate box below.] ❑ No amendment requested at this time ❑ Amendment requested to*: ❑ Project Schedule ❑ Project Budget ❑ Scope of Work *Failure to check a box in the above section assumes there is nokaon requested. Amendment requests are subject to SANDAG's approval. it is the Gra 's.responsibility to enure compliance with SANDAG Board Policy No. 035: Competitive Grant Program Prpcedhressand grant agreer,ent.terms and conditions. • PART 4: PROJECT STATUS REPORT SIGNATURE / - Prepared by', r . Date: Project na.ger,/ 240 of 554 •_ .. __ • • • . _ , INVOICE INSTRUCTIONS step .1 :.._... complete the Quarterly Progress Report._ •_ _ Reimbursements cannot be made wifhout a comPleted Quarterly progress Report, • . i•-. • • MT, Stop 2:,_ Gather Docurnentedon forStaffCosts, CortsultanficontraFbr Copt* and Other Cpstis„ . _ _ .,..•-• .,,,,... : • . •• • , •••• • Proride Xisio."-‘6 wita copy aand ci any consultantcontractor agreements .a..vrarded irough the great' / • • AI I Im • , Sta,.• m • • A m g posts should bp, ppERcrtedty certified payroll documantaqon . • • • .., I V It / M X .1 If 1 A I T 4, ,,TIMIAA Consultant costs should be supported by the consultant inroice AND a proof Ofpayment, The . -of *ment can be either a copy of the cheek proVided-to the 0, • . consultant or printout from the projects financial accounting system showing that funds wers . Pursed : --. . Contractor costs should be supported by the contractor invoice. schedule of values, Aisl).4r6ofof payment -Iiie proof of payment can be either a copy ofthe check ' _ prodded to the contractor or a printout from the projecfs financial accounting system stimirib that funds wena,dibursed. . , .. . . i Other costs should be supported by either an invoice from the vendor or a receiptz? must be accompanied by a.Orizof of payment. The proof of payment can be either a • copy of the check provided to the rendor or a printout from the projects financial . unting system showing that fu .-vo.. we disbursed. ..... _.• •• • • • • .• _ _••• Clearly.i.dentify..(ize, highlight or circle) all grant -related expenses on documents that ittalude norkrelited costs. • :!•• ... Step 3:- . Compleie the EX.pense SurnMery. _ ... ..• • \, -7 • . ,.. • • , _• . • • „_• • . •_. •.... .. • „.•• • • _ • _ , .... • • , • - - Summarize the total Staff Casts, Consuftant/Contractor Costs, and Other Costs incurred duhng the reporting period. _ Confirm that you hare the adequate documentation. -4-- Break down each cost by task. This will help with the next step to 60m a 'ripe! staerne ,,. Double check and make sure all sub -totals have peen calculated conettly. ... -:-._ •',. Step. 4: Complete the Invoice Statement •', • • \ --__....., . . .„ _ , Enter the costs for each task (calculated in Step 3) Into the appropriatesoilks of the invoice ttatern- ant. The SANDAG contrib-ution.,-matc-h contribution, and amounts should automatically calculate. , .. - -'-, / '...:, . - """.. , . Enter precious costs by task into- the appropriate celtrOffrfe4preadsheet:vIli9,,rptiainifig grant *mice should automatically CalCUlate, --- Step 5: Submit Quarterly Progress Report Invoice siiiil Supportlhg Do urnefll1iOJttn SANDAG at "sgatqrantsgilsandan.orn ._ ...i< ' in- sc,the coplte.Quartlyra*S.ktPDF fc, \ \ 1 Sigh and scan the inice st!atFrpargSubmit it iek,PRF Aro< ,- • \ Submit supportingdocumentation in PDF farm. ••.• ' '`. • ' ._. ... , ..., .., Submit the corripleed Excel WOrictlOCA '''-.--"--,..._ ' '.S " • Files in excess of 6140shonid be subinitie s://sanda .weliantfer.corn 43 241 of 554 242 of 554 PART1: STAFF cons Personnel ... .. Staff Person A . — _ nr/dd/yy to rprrifddfyy,_10 $ Staff Person B mm/ddiyy to mmidd/yy . Staff Person C .. '.rnm/dcityy ,to mrniddlyy 10 $ 'Time Period Hclurs -Hourly Rate . . iINSERTADOri:iii5CLINES AS N EEDEDT. ---.! Amount Documentation Attached? _ 10040'4 1 000.00 YES/NO 100 00 $ 1,000.00 YES/NO .1100.00 $ 1,000.00 YES/NO PAITT 2: =SULTAN T/CONTIaCTOR-COSIS Consultant/Contractor Consultant XYZ . _ Consultant XYZ ConsUltent XYZ .Outreach Organization ABC [iNSERT ADOKONiACNLINES AS .EEDED] JT 1 PART &OiHER COSTS Invoice No. Vendor InVoil*Vo. • ..... Vendor A Vendor B Vendor C [INSERT ADD1TONAL LINES AS NEEDED] Invoice Date Description ciftostk 1 12014. PrOfessianal senneettOithe int$11,of January 2014 2 2/1'12d1,4'11;rigaSibriaL!eruicea r month of Febitspi,2014 : 3 3/1/2014V renessio9a1 se,tkfor the -ritonthp(Meith 20/4 3/1/2014 0.61.04611,11.Om January 2014 to March 2614 Amount Documentation Attached? $ 10,000.00 YES1NO $ 10,000.00 -YES/NO $ 10,000.00 YES/NO $ 10,000,00 YES/NO Invoice Date Description of Oasts .Amount Documentation Attached? 1 1/1/2014 Printing costs for January( 2014 $ 100.00 YES/NO 1 2/1 /2014 News Announcemeni for $ 100.00 YES/NO February 2014 Workshop 1 2/2.8/2014'SnaOks forFebruary 2014 100.00 YES/NO Workshop 45 243 of 554 To; From: TMNSift T SMART GROWTH INCENTIVE PROGRAM INVOICE SUCH[ MM I JEE 401 B Street Suite 000 San Diego, CA 92101-4231 — ..._ .. Name , .. _ . ,Address i Grant Award: $0.00 : .. . _ __. - Balance Remai> tg• $0.00 . Protect Name: [PROJECT NA12.J .. _ .. _..... _ Contract Number: 500XXX Grant Invoice Number: # ,f Billing Period; FRdM 'moles Date: 'l A'iTt< r'ry TO. TASK Previous Balance Current MMiDDrYYYYto MM!DDIYYYY Total Expenses SANDAGTotal Match Spent Reimbursed to Date Match to Date Total to Date Staff Costs Cons uttant or Contractor Costs Other Costs _ This Invoice This Invoice This Invoice 1 RFP $0.00 $0.00 $0 00,.-'., $0-3Y0 $O.0tl \ $0.00 $0 00 $0 00 $0 00 2 Existing Conditions Report $0.00 $0.00 $0 00 , -‘ $D:00 -'... $0.D J $0.00 $0 00 $0 00 $D 00 3 Public Outreach $0,00 $0.00 $0 00 ',,.._,'\. $0,00 _ `a$.0.0O $0.00 $0 CO $0 001 $0 00 4 Draft Plan $0.00 $0.00 $0 00 , \ $Y90,, . , • . $0,.00 $0.00 $0 00 $0 00 SO 00 5 Find Plan $0.00 $0.00 $0 00 ._ , 0-QC $0.00 $0.00 $0 CO $D 09 $0 00 Total $0 0 l $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 SO 00 $0 00 .4. •. .. _..._ _ _. r.t� ,• T.._ ' ...:' . • Current Expenditures: $0.00 Total..._.. _.. _... Total Amount Due this Invoice: $0.00 _. _ .Leas ...... Retention; 00 Match °% Met to Date:..... #DTWOI Total Project (Want+Match) Budget - - ' $0.00 Tad 1 . A., Ta k`2 $0.00 Task 1, $0.00 Task 4: $0,00 Task 5' $0.00 TOTAL $0.00 SANDAL Grant: $0,00 Match; $0.00 #DIVfOI SANDAG -� Contribution % Required Match °%' #DIVIOI 46 244 of 554 CERTIFICATION OF GRANTEE 1 hereby certify that in- e abo a costs were Incurred in performance of the work required under the grant and are consistent with the amounts evidenced byattached supporting documents and expenditures. Signature Printed Name artd`'ihtl 47 245 of 554 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN APPLICATION FOR ACTIVE TRANSPORTATION GRANT PROGRAM (ATGP) FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR THE EUCLID AVENUE BICYCLE AND PEDESTRIAN ENHANCEMENTS PROJECT IN THE AMOUNT OF $3,335,000, COMMITTING TO A LOCAL MATCH OF $200,000, ACCEPTING THE TERMS OF THE GRANT AGREEMENT, AND AUTHORIZING THE CITY MANAGER TO ACCEPT THE TRANSNETATGP FUNDS AND EXECUTE A GRANT AGREEMENT WITH SANDAG, IF SELECTED FOR GRANT AWARD WHEREAS, the Legislature and Governor of the State of California have provided funds for the Active Transportation Program ("ATP") under Senate Bill 99, Chapter 359, and Assembly Bill 101, Chapter 354; and WHEREAS, the California Transportation Commission ("CTC") has statutory authority for the administration of the ATP and established necessary procedures; and WHEREAS, the CTC has required in its ATP Guidelines that Metropolitan Planning Organizations ("MPOs") coordinate the competitive selection process to select projects to receive a portion of the ATP funding; and WHEREAS, the San Diego Association of Governments (SANDAG), as the MPO for the San Diego region, is conducting a competitive selection process for the Cycle 3 distribution of ATP funds in the San Diego region; and WHEREAS, SANDAG is required to submit the proposed ranked list of Regional ATP projects and funding recommendations to the CTC for final consideration; and WHEREAS, SANDAG may offer a funding exchange with projects recommended through the Regional ATP competitive selection process which would reduce the administrative burden to Local jurisdictions associated with federal funding requirements; and WHEREAS, if a funding exchange is offered to City of National City, the Euclid Avenue Bicycle and Pedestrian Enhancements Project (the "Project") would be removed from the regional ATP ranking and funded through the TransNet Active Transportation Grant Program ("ATGP"); and WHEREAS, the SANDAG Regional ATP competitive selection process requires applicants to submit a resolution from their governing body to be considered for TransNet funding in the event a funding exchange is offered; and WHEREAS, City of National City has submitted an application to receive ATP funds for the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that if SANDAG offers a funding exchange to City of National City for the Euclid Avenue Bicycle and Pedestrian Enhancements Project, the City of National City will commit to providing $200,000 in matching funds from sources other than the TransNet ATGP. 246 of 554 Resolution No. 2016 — Page Two BE IT FURTHER RESOLVED that City of National City authorizes the City Manager to accept the TransNet ATGP funds and execute a grant agreement with SANDAG, if selected for grant award. PASSED and ADOPTED this 1st day of November, 2016. ATTEST: Michael R. Dalia, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 247 of 554 CC/CDC-HA Agenda 11/1/2016 — Page 247 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) authorizing the filing of an application for Sustainable Transportation Planning Grant Program funds through the California Department of Transportation (Caltrans) for National City's INTRA-C 248 of 554 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 1, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the filing of an application tor Sustainable Transportation Planning Grant Program funds through the California Department of Transportation (Caltrans) for National City's INTRA-Connect project (Integrating Neighborhoods with Transportation Routes for All) in the amount of $230,000; 2) committing to a local match of $70,000; and 3) authorizing the City Manager to execute the grant agreement with Caltrans, if selected for grant award. PREPARED BY Stephen Manganiello PHONE: 336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: if grant funds are awarded, staff will return to City Council to appropriate funds. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution authorizing the filing of an application for Sustainable Transportation Planning Grant Program funds through Caltrans for National City's INTRA-Connect project in the amount of $230,000. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Resolution 249 of 554 EXPLANATION The Sustainable Transportation Planning Grant Program was created to support the California Department of Transportation's (Ca]trans') Mission to, "Provide a safe, sustainable, integrated and efficient transportation system to enhance California's economy and livability." The program focuses on supporting projects that demonstrate the ability to achieve the following transportation planning goals: 1. Improve Multimodal Mobility and Accessibility for All People: Expand the system and enhance modal choices and connectivity to meet the State's future transportation demands. 2. Preserve the Multimodal Transportation System: Maintain, manage, and efficiently utilize California's existing transportation system. 3. Support a Vibrant Economy: Maintain, manage, and enhance the movement of goods and people to spur the economic development and growth, job creation, and trade. 4, Improve Public Safety and Security: Ensure the safety and security of people, goods, services, and information in all modes of transportation. 5. Foster Livable and Healthy Communities and Promote Social Equity: Find transportation solutions that balance and integrate community values with transportation safety and performance, and encourage public involvement in transportation decisions. 6, Practice Environmental Stewardship: Plan and provide transportation services while protecting our environment, wildlife, historical, and cultural assets. Staff seeks City Council authorization to file an application for Sustainable Transportation Planning Grant Program funds through Caltrans for National City's INTRA-Connect project (Integrating Neighborhoods with Transportation Routes for All) in the amount of $230,000. The INTRA-Connect project expands upon National City's SMART Foundation Plan (Safe Multi -modal Accessible Routes To...transit, schools, parks, shops, services and recreation), which identified infrastructure enhancements to encourage multi -modal transportation in National City, by taking a comprehensive and integrated look at Smart Growth Planning, Smart Mobility and Smart Parking elements. This strategic approach will further support infill development as well as localize self-supporting neighborhoods that keep vehicular miles traveled (VMT) down, thereby reducing greenhouse gas (GHG) emissions and VMT, simultaneously. A central focus of this project will be the concept of 1 v-minute 'Walk neighborhoods," 10-minute "drive communities" and 10-minutes to "transit connections." The 10-minute concept will encourage more compact development, enhance transit use, increase 250 of 554 multi -modal transportation, reduce the distance and time people need to travel, and subsequently, reduce GHG emissions. The project wi!! maximize developable inf.!!! opportunities while taking a comprehensive approach to reviewing the City's street classification standards, including an analysis of the current community corridor network, creating additional definitions of sub -categories of street typology for all community corridors, and standardizing transportation amenities and street guidelines. The final plan will produce a framework of active transportation strategies, overview of street classifications and design standards, refinement of community corridors, development of priority projects including conceptual designs and preliminary cost estimates, identification of infill investment areas, and potential changes in land use and intensity. Staff has partnered with Circulate San Diego and KTU-1-A, through existing on -call contracts, to prepare the application and assist staff with project implementation if grant funds are awarded. The grant does require a local match. Staff recommends committing to a $70,000 local match, which will result in a $3O0,00O project. The local match amount of $70,000 has already been appropriated through the General Fund and has been programmed for use with these two consultant firms to assist with active transportation planning. Therefore, we would simply be leveraging these efforts towards the grant. Staff also recommends authorizing the City Manager to execute the grant agreement with Caltrans, if selected for grant award, to expedite Caltrans' ability to issue a Notice to Proceed. !f grant funds are awarded, staff will return to City Council to request appropriation of the grant funds and provide a timeline for the project, including community outreach efforts. 251 of 554 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN APPLICATION FOR SUSTAINABLE TRANSPORTATION PLANNING GRANT PROGRAM FUNDS THROUGH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION ("CALTRANS") FOR NATIONAL CITY'S INTRA-CONNECT PROJECT ("INTEGRATING NEIGHBORHOODS WITH TRANSPORTATION ROUTES FOR ALL") IN THE AMOUNT OF $230,000, COMMITTING TO A LOCAL MATCH OF $70,000, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT WITH CALTRANS, IF SELECTED FOR GRANT AWARD WHEREAS, the Sustainable Transportation Planning Grant Program was created to support the California Department of Transportation's Mission to "provide a safe, sustainable, integrated, and efficient transportation system to enhance California's economy and livability" that focuses on supporting projects that demonstrate the ability to achieve the following transportation planning goals: 1. Improve Multimodal Mobility and Accessibility for All People; 2. Preserve the Multimodal Transportation System; 3. Support a Vibrant Economy; 4. Improve Public Safety and Security; 5. Foster Livable and Healthy Communities and Promote Social Equity; 6. Practice Environmental Stewardship; and WHEREAS, the City has the opportunity to apply for Sustainable Transportation Planning Grant Program funds in the amount of $230,000 through Caltrans for National City's INTRA-Connect Project ("Integrating Neighborhoods with Transportation Routes for Alp"), with a recommended local match of $70,000, which will result in a $300,000 project; and WHEREAS, the central focus of this Project will be the concept of 10-minute "walk neighborhoods", 10-minute "drive communities", and 10-minutes to "transit connections" to encourage more compact development, enhance transit use, increase multi -modal transportation, reduce the distance and time people need to travel, and subsequently, reduce GHG emissions. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the filing of an application for Sustainable Transportation Planning Grant Program funds in the amount of $230,000 through the California Department of Transportation ("Caltrans") for National City's Intra-Connect Project ("Integrating Neighborhoods with Transportation Routes for All"), including a commitment of a local match in the amount of $70,000. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute said Grant Agreement with Caltrans, if selected for grant award, to expedite Caltrans' ability to issue a Notice to Proceed. [Signature Page to Follow] 252 of 554 Resolution No. 2016 — Page Two PASSED and ADOPTED this 1 si day of November, 2016. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney 253 of 554 CC/CDC-HA Agenda 11/1/2016 — Page 253 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City adopting City Council Policy #713 Environmentally Preferable Purchases and Practices (EPPP). (Engineering/Public Works) 254 of 554 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 1, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City adopting City Council Policy #713 — Environmentally Preferable Purchases and Practices (EPPP). PREPARED BY: Ray Roberson, Management Analyst II DEPARTMENT: Engineering/Public Works PHONE: (619) 336-4583 APPROVED BY. EXPLANATION: The proposed Environmentally Preferable Purchases and Practices (EPPP) policy formalizes the City's commitment to purchasing recycled products and implementing environmentally preferable practices. Local agencies that chose to adopt EPPP policies are eligible to apply for various State of California Department of Resources, Recycling and Recovery (CalRecycle) grants. FINANCIAL STATEMENT: ACCOUNT NO. No fiscal impact. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: STAFF RECOMMENDATION: Approve the Policy. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Policy #713 — Environmentally Preferable Purchases and Practices (EPPP) Finance MIS 255 of 554 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE; ENVIRONMENTALLY PREFERABLE PURCHASES AND PRACTICES (EPPP) POLICY # 713 ADOPTED: AMENDED: Purpose ENVIRONMENTALLY PREFERABLE PURCHASES The City of National City provides that all departments shall, whenever possible, use recycled products and recycled materials to meet their needs. This policy is enacted to demonstrate compliance with the Waste Management Reduction Act and foster market development for recycled products. PURCHASE POLICIES A. All City of National City departments shall use recycled products whenever practicable. Special emphasis shall be placed on the purchase of products manufactured with post -consumer recycled materials. B. All City of National City departments may, at their option and with purchasing concurrence, require procurement of designated recycled products or recycled products above the levels required by this policy. C. The City of National City shall require its contractors and consultants to use and specify recycled products in fulfilling contractual obligations whenever practicable. D. The City of National City shall promote the use of recycled products by publicizing its procurement policy whenever practicable. PURCHASE RESPONSIBILITIES OF RECYCLED PRODUCTS AND MATERIALS COORDINATOR The Purchasing Agent shall coordinate the implementation of this policy. He/she will establish a list of recycled products that shall be purchased by all City of National City departments whenever practicable and will develop the mechanism for maintenance, additions, and deletions to the list of recycled products available for procurement. Maintenance of the list will include addition of new products containing recycled material as they become available. Specifications of these new products and their suggested uses will be made available to all City of National City departments. The Purchasing Agent will also work with all departments to establish minimum recycled content standards for designated recycled products to maximize recycled product availability, recycled content, and competition. The Purchasing Agent will also be responsible for annual policy review. ENVIRONMENTALLY PREFERABLE PRACTICES The City of National City will act to make resource conservation an integral part of its waste reduction and recycling programs. The practice of discarding materials used in the City of National City facilities is wasteful of natural resources, energy, and money. Page 1 of 2 256 of 554 CITY COUNCIL POLICY CITY OF NATIONAL CITY PRACTICE POLICIES 1. The City of National City will integrate the concept of resource conservation, including waste reduction and recycling, into its environmental programs. 2. The City of National City will decrease the amount of waste of consumable materials by: a) reducing the consumption of consumable materials wherever possible; b) fully utilizing all materials prior to disposal; and c) minimizing the use of non -biodegradable products wherever possible. 3. The City of National City will cooperate with, and participate in, recycling efforts being made by the city and county. As systems for recovering waste and recycling develop within the City of National City, the City will participate by appropriately separating and allowing recovery of recyclable waste products. 4. The City of National City will purchase, where financially viable, recycled products. The City of National City will also encourage suppliers, both private and public, to make recyclable products and unbleached paper products available for purchase. 5. Representatives of the City of National City will actively advocate, where appropriate, for resource conservation practices to be adopted at the local, regional, and national levels. Page 2 of 2 257 of 554 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING CITY COUNCIL POLICY NO. 713 ENTITLED "ENVIRONMENTALLY PREFERABLE PURCHASES AND PRACTICES (EPPP)" BE IT RESOLVED by the City Council of the City of National City that City Council Policy No. 713, entitled "Environmentally Preferable Purchases and Practices (EPPP)" is adopted as recommended by the Director of Engineering and Public Works. PASSED and ADOPTED this 1" day of November, 2016. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney 258 of 554 CC/CDC-HA Agenda 11/1/2016 — Page 258 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City accepting the transfer by Grant Deed of certain Real Property from the Community Development Commission -Housing Authority of the City of National City consisting of a 385 square foot sliver of la 259 of 554 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 1, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City accepting the transfer by Grant Deed of certain Real Property from the Community Development Commission -Housing Authority of the City of National City consisting of a 385 square foot sliver of land for public access improvements on Hoover Avenue adjacent to the Phase II Housing Project of the Westside Infill Transit Oriented Development. PREPARED BY: Carlos Aguirre, Housing & Economic Development Manage PHONE: (619) 336-4391 DEPARTMENT: H APPROV Economic Dev. EXPLANATION: Paradise Creek II Housing Partners ("Developer") is required by the City on National City ("City") to provide adequate public access along Hoover Avenue adjacent the Phase II affordable housing project ("Project") of the Westside Infill Transit Oriented Development consisting of 92 apartment units. The Community Development Commission -Housing Authority of the City of National City ("CDC -HA") is the owner of the parcel consisting of approximately 2.1 acres on which the Project will be constructed. The CDC -HA will enter a long-term lease for the Phase II parcel as required by a Development and Disposition Agreement executed on June 21, 2011. The attached Grant Deed would transfer fee simple title from the CDC -HA to the City on a sliver of land described in Attachment No. 1 for the installation of public access improvements by the Developer as required by the City's conditions for approval. FINANCIAL STATEMENT: ACCOUNT NO. Not applicable. ENVIRONMENTAL REVIEW: Approval of the property transfer is not a "Project" under section 15378 of the California Environmental Quality Act ("CEQA") Guidelines because the proposed action consists of administrative activity that will not result in direct or indirect physical changes to the environment and, as such, pursuant to section 15061(b)(3) of the CEQA Guidelines is not subject to CEQA. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD 1 COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 1. Grant Deed 2. Resolution 260 of 554 Attachment No. 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Christensen & Spath LLP 550 West C Street, Suite 1600 San Diego, CA 92101 Attn: Walter Spath Exempt Recording - Govt. Code §6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE Transfer to governmental entity — Rev. & Tax. Code §11922 GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY ("Grantor"), hereby grants, transfers and assigns to the CITY OF NATIONAL CITY, a municipality ("Grantee"), all that certain real property located in the City of National City, County of San Diego, State of California, which real property is more particularly described in Exhibit A and depicted in Exhibit B, attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF, this Grant Deed has been executed this day of November, 2016. GRANTOR: COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY By: Ron Morrison, Chairman ACCEPTANCE This is to certify that the interest(s) in real property conveyed by this instrument to the City of National City are hereby accepted by the undersigned officer on behalf of the City of National City, pursuant to the authority conferred by City of National City Resolution No. on November 1, 2016, and the grantee consents to recordation thereof by its duly authorized officer. GRANTEE: City of National City By: Dated: November _, 2016 Ron Morrison, Mayor Approved as to Form: Christensen & Spath LLP Special Counsel to the Grantor and the Grantee By: Walter F. Spath III, Esq. 261 of 554 Attachment No. 1 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy. or validity of that document. State of California County of San Diego ) ) On , 2016, before me, , notary public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy. or validity of that document. State of California County of San Diego ) ) ) On , 2016, before me, , notary public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 262 of 554 Attachment No. 1 Exhibit A TO GRANT DEED Real Property Description Real property in the City of National City, County of San Diego, State of California, described as follows: A PORTION OF PARCEL 2 IN THE CERTIFICATE OF COMPLIANCE RECORDED AUGUST 20, 2013, AS INSTRUMENT 2013-521150 OF OFFICIAL RECORDS IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY CORNER OF PARCEL 2 OF SAID CERTIFICATE OF COMPLIANCE; SAID POINT ALSO BEING A POINT IN THE WESTERLY RIGHT OF WAY OF HOOVER AVENUE HAVING A HALF WIDTH OF 40.00 FEET; THENCE SOUTH 17°48'25" EAST 5.77 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 17°48'25" EAST 51.47 FEET; THENCE LEAVING SAID RIGHT OF WAY SOUTH 72°04'38" WEST 3.11 FEET; THENCE ALONG A NON -TANGENT CURVE WITH A RADIUS OF 42.57 FEET AND AN EXIT RADIAL OF SOUTH 67°03'28" EAST; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 55.40 FEET THROUGH A CENTRAL ANGLE OF 74°33'40" TO THE TRUE POINT OF BEGINNING. REFER TO ATTACHED EXHIBIT B DEPICTING DESCRIBED PROPERTY. 263 of 554 Attachment No. 1 Exhibit B TO GRANT DEED 264 of 554 EXHIBIT A -HOOVER Attachment No. 1 A PORTION OF PARCEL 2 IN THE CERTIFICATE OF COMPLIANCE RECORDED AUGUST 20, 2013 AS INSTRUMENTS 2013-521150 OF OFFICIAL RECORDS IN THE OFFICE OF SAN DIEGO COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY CORNER OF PARCEL 2 OF SAID CERTIFICATE OF COMPLIANCE; SAID POINT ALSO BEING A POINT IN THE WESTERLY RIGHT OF WAY OF HOOVER AVENUE HAVING A HALF WIDTH OF 40.00 FEET; THENCE SOUTH 17'48'25" EAST 5.77 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 17°48'25" EAST 51.47 FEET; THENCE LEAVING SAID RIGHT OF WAY SOUTH 72'04'38" WEST 3.11 FEET; THENCE ALONG A NON —TANGENT CURVE WITH A RADIUS OF 42.57 FEET AND A EXIT RADIAL OF SOUTH 67'03'28" EAST; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 55.40 FEET THROUGH A CENTRAL ANGLE OF 74°33'40" TO THE TRUE POINT OF BEGINNING. SEE EXHIBIT "B" SHEET 2 FOR A SKETCH DEPICTING DESCRIBED PROPERTY. CONTAINS 385 SQ. FT., MORE OR LESS. BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS PLAT IS THE CENTERLINE OF 22ND ST PER EJ CHRISTMAN BUSINESS AND INDUSTRIAL PARK I MAP NO 8038 AS SHOWN AS NORTH 72' 16'45" EASE. ENGINEER/SURVEYOR PREPARED UNDER THE SUPERVISION OF: VINCENT W. SCARPATI R.C.E.33520 DATE LICENSE EXP. 06/30/2018 W <,\,� sc9�Ey\ rrt No. 33520 Exp. 6/30/2018 CIV1� OF CALF EXH. A SHEET 1 OF 2 BY: DSK DATE: 10-18-16 SCALE: AS SHOWN c&v �=1 CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING & SURVEYING 6 ORCHARD STE 200 LAKE FOREST, CALIFORNIA 92630 T. 949.916.3800 F. 949.916.3805 WWW.CVC-INC.NET STREET EASEMENT PORTION OF HOOVER AVENUE SHEET 1 OF 2 265 of 554 EXHIBIT A -HOOVER Attachment No. 1 SCALE: 1" = 50' zOrttl- STCT VAA LINE TABLE LINE LENGTH BEARING L1 5.77 S17°48'25"E L2 51.47 S17°47'56"E L3 3.11 572`04'38"W CURVE TABLE CURVE LENGTH RADIUS DELTA TAN C1 55.40 42.57 74'33'40" 32.41 ENGINEER/SURVEYOR PREPARED UNDER THE SUPERVISION OF: VINCENT W. SCARPATI R.C.E.33520 DATE LICENSE EXP. 06/30/2018 EXH. A SHEET 2 OF 2 BY: DSK DATE: 10-18-16 SCALE: AS SHOWN c&v �1 CONSULTING, INC, CIVIL ENGINEERING LAND PLANNING & SURVEYING 6 ORCHARD STE 200 LAKE FOREST, CALIFORNIA 92630 T. 949.916.3800 F. 949.916.3805 WWW.CVC-INC.NET STREET EASEMENT PORTION OF HOOVER AVENUE SHEET2OF2 266 of 554 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE TRANSFER BY GRANT DEED OF CERTAIN REAL PROPERTY FROM THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CONSISTING OF A 385 SQUARE FOOT SLIVER OF LAND FOR PUBLIC ACCESS IMPROVEMENTS ON HOOVER AVENUE ADJACENT TO THE PHASE II HOUSING PROJECT OF THE WESTSIDE INFILL TRANSIT ORIENTED DEVELOPMENT WHEREAS, the Successor Agency to the Community Development Commission as the National City Redevelopment Agency ("Successor Agency") is subject to the enforceable obligation commonly referred to as the Westside Infill Transit Oriented Development ("WI-TOD") Development and Disposition Agreement ("DDA"), entered into June 21, 2011 with Paradise Creek II Housing Partners, LP ("Developer"); and WHEREAS, in accordance with California Health and Safety Code section 34176, the Community Development Commission -Housing Authority of the City of National City "CDC -HA" accepted the affordable housing functions of the former redevelopment agency pursuant to CDC -HA Resolution No. 2012-01; and WHEREAS, the CDC -HA owns two legal parcels, Parcel 1 and Parcel 2 totaling 6.299 acres, generally bounded by 19th Street, Harding Avenue, 22nd Street, and Hoover Avenue in National City; and WHEREAS, the DDA requires that Parcel 2 be used for the development of a 92- unit affordable housing project ("Project") as described in the DDA; and WHEREAS, a sliver of land from Parcel 2 adjacent to Hoover Ave of approximately 385 square feet is needed for public access improvements to be constructed by the Developer as required by the City's conditions for approval of the Project; and WHEREAS, the transfer of real property is not a "Project" under section 15378 of the California Environmental Quality Act ("CEQA") Guidelines because the proposed action consists of administrative activity that will not result in direct or indirect physical changes to the environment and, as such, pursuant to section 15061(b)(3) of the CEQA Guidelines is not subject to CEQA. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts by Grant Deed certain Real Property from the Community Development Commission -Housing Authority of the City of National City consisting of a 385 square foot sliver of land for public access improvements on Hoover Avenue adjacent to the Phase II Housing Project of the Westside Infill Transit Oriented Development. Said Grant Deed will be publicly recorded with County of San Diego Office of the Recorder. [Signature Page to Follow] 267 of 554 Resolution No. 2016 — Page Two PASSED and ADOPTED this 1st day of November, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill Interim City Attorney Ron Morrison, Mayor 268 of 554 CC/CDC-HA Agenda 11/1/2016 — Page 268 The following page(s) contain the backup material for Agenda Item: Warrant Register #13 for the period of 09/21/16 through 09/27/16 in the amount of $2,136,821.84. (Finance) 269 of 554 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 1, 2016 AGENDA ITEM NO. ITEM TITLE: Warrant Register #13 for the period of 09/21/16 through 09/27/16 in the amount of $2,136,821.84. (Finance) PREPARED BY: K. Apalategui PHONE: 019-336-4572 EXPLANATION: !Per Government Section Code 37208, attached are the warrants issued for the period of 09/21/16 through 09/27/16. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor DEPARTMENT: Finance .1 APPROVED BY: �'� Check/Wire Amount Explanation Dick Miller Inc 325437 Kimley Horn and Assoc Inc 325470 Medifit Community Svcs 325482 Project Professionals 325502 West Tech Contracting Inc 325552 Public Emp Ret Systems 9222016 104,701.13 58,945.66 67,920.61 89,662.53 72,276.22 401,645.69 Plaza Blvd. Widening Project Wayfinding Task Project Pool Management Fee / CSD / July & Aug Plaza Blvd. Widening Project Paradise Creek Rest. Project Service Period 08/30/16 — 09/12/16 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $2,136,821.84. ENVIRONMENTAL REVIEW: APPROVED: $ Finance APPROVED: MIS This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratify warrants totaling $2,136,821.84, BOARD 1 COMMISSION RECOMMENDATION: iN/A ATTACHMENTS: Warrant Register #13 270 of 554 114 PAYEE ACEDO, 4 ACME SAFETY & SUPPLY CORP ADAMSON POLICE PRODUCTS ADMINSURE INC ALDEMCO ALL FRESH PRODUCTS ALPHA PROJECT FOR THE HOMELESS ANDERSON,E APWA AT&T AT&T AT&T MOBILITY BANNER BANK BEARD, P BECK, L BISHOP, R BJ'S RENTALS BOEGLER, C BOYD JR, P CALIFA GROUP CALIFORNIA STATE UNIVERSITY CARAVANTES, S CARRILLO, R CDWG CHRISTENSEN & SPATH LLP CLAIMS MANAGEMENT ASSOCIATES COLE, L COMMERCIAL AQUATIC SERVICE INC CONDON, D CORPUZ, T COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO CULLIGAN DANESHFAR, Z DATA TICKET INC DEAF COMMUNITY SRVCS OF SD DELTA DENTAL DELTA DENTAL INSURANCE CO DEPARTMENT OF JUSTICE DESROCHERS, P DI CERCHIO, A DICK MILLER INC DILLARD, S DREDGE, J EISER III, G AGUILAR, E EXPERIAN EXPRESS PIPE AND SUPPLY CO INC NATIONAL Cm xN4DRPOwATW --� WARRANT REGISTER #13 9127/2016 DESCRIPTION CHK NO DATE AMOUNT RETIREE HEALTH BENEFITS / OCT 2016 3253,95 9/27/16 160.00 LIME VEST / PW 325396 9/27/16 233.81 POLICE BLACK VEST/ PD 325397 9/27/16 76.30 WC CLAIMS ADMINISTRATION FEES 325398 9/27/16 6,948.33 FOOD 1 NUTRITION CENTER 325399 9/27/16 4,271.22 FOOD 1 NUTRITION CENTER 325400 9/27/16 1,302.70 ALPHA PROJECT SVCS FOR THE HOMELESS/NSD 325401 9/27/16 8,016.45 RETIREE HEALTH BENEFITS / OCT 2016 325402 9/27/16 110.00 APWA CHAPTER AND MEMBERSHIP DUES / PW 325403 9/27/16 418.00 AT&T SERVICE AUGUST 2016 325404 9/27/16 8,541.68 AT&T SERVICE SEPTEMBER 2016 325405 9/27/16 169.86 AT&T WIRELESS AUGUST 2016 325406 9/27/16 2,266.90 PLAZA BLVD. WIDENING PROJECT 325407 9/27/16 9,051.24 RETIREE HEALTH BENEFITS / OCT 2016 325408 9/27/16 70.00 RETIREE HEALTH BENEFITS / OCT 2016 325409 9/27/16 140.00 RETIREE HEALTH BENEFITS / OCT 2016 325410 9/27/16 110.00 EQUIPMENT RENTAL/ PW 325411 9/27/16 96.80 RETIREE HEALTH BENEFITS / OCT 2016 325412 9/27/16 260.00 RETIREE HEALTH BENEFITS / OCT 2016 325413 9/27/16 145.00 GENIC LIBRARY BROADBAND 325414 9/27/16 4,642.20 ECONOMIC DEV CERT PROGRAM 325415 9/27/16 800.00 TRAVEL EXP: CERT CONFERENCE 325416 9/27/16 131.55 RETIREE HEALTH BENEFITS / OCT 2016 325417 9/27/16 290.00 HANDSET CORDS 1 MIS 325418 9/27/16 529.74 WITODILEGAL SERVICES/SA 325419 9127/16 4,433.75 LIABILITY & RISK MANAGEMENT SERVICES -AUG 325420 9/27/16 7,244.60 RETIREE HEALTH BENEFITS / OCT 2016 325421 9/27/16 165.00 PURCHASE OF CHEMICAL POOL SUPPLIES / PW 325422 9127/16 1,838.78 RETIREE HEALTH BENEFITS / OCT 2016 325423 9/27/16 280.00 RETIREE HEALTH BENEFITS / OCT 2016 325424 9/27/16 140.00 COUNTY BUILDING RECORDS 325425 9/27/16 24.00 RCS AUGUST 2016 325426 9/27/16 8,234.90 MAIL PROCESSING SERVICES / AUG 325427 9/27/16 2,622.33 WATERSOFTNER FOR DISHWASHER / NUTRITION 325428 9/27/16 221.50 RETIREE HEALTH BENEFITS / OCT 2016 325429 9/27/16 250.00 DATA TICKET HANDHELD DEVICES 325430 9/27/16 9,661.65 SIGN LANGUAGE INTERPRETATION SERVICES 325431 9/27/16 150.00 COBRA DENTAL INS - AUG 2016 325432 9/27/16 45.22 COBRA DENTAL INS PM! AUG 2016 325433 9/27/16 127.38 FINGERPRINT TEST RESULTS 325434 9/27/16 806.00 RETIREMENT BENEFIT OCT 2016 325435 9/27/16 110.00 RETIREE HEALTH BENEFITS / OCT 2016 325436 9/27/16 70.00 PLAZA BLVD. WIDENING PROJECT 325437 9/27/16 104,701.13 RETIREE HEALTH BENEFITS / OCT 2016 325438 9127/16 480.00 RETIREE HEALTH BENEFITS / OCT 2016 325439 9/27/16 250.00 RETIREE HEALTH BENEFITS / OCT 2016 325440 9/27/16 250.00 LIABILITY CLAIMS COSTS 325441 9/27/16 1,240.66 MONTHLY CREDIT PRE EMPLOYEE REPORT / PD 325442 9/27/16 43.76 CITY WIDE PLUMBING PARTS & MATERIALS / PW 325443 9/27/16 223.18 271 of 554 2/4 * G A:L.! F O,RN I A *-e- NATIONALClry WARRANT REGISTER #13 9/27/2016 PAYEE DESCRIPTION CHK NO DATE AMOUNT FABINSKI, D RETIREE HEALTH BENEFITS / OCT 2016 325444 9/27/16 220.00 FARINGHY, A EDUCATION REIMBURSEMENT 325445 9/27/16 150.00 FASTSIGNS DIBOND 3MM WITH CUT OR PRINTED VINYL 325446 9/27/16 518.70 FELIX, Y HOST POLICE RECORDS SUP TRAINING 325447 9/27/16 75.00 FIFIELD, K RETIREE HEALTH BENEFITS / OCT 2016 325448 9/27/16 540.00 GELSKEY, K RETIREE HEALTH BENEFITS / OCT 2016 325449 9/27/16 115.00 GIBBS JR, R RETIREE HEALTI I BCNEFITS / OCT 2016 325450 9/27/16 120.00 GONZALES, M RETIREE HEALTH BENEFITS / OCT 2016 325451 9/27/16 480.00 GOVCONNECTION INC FORTIANALYZER LICENSE 325452 9/27/16 1,262.86 GTC SYSTEMS INC OTC SUPPORT 325453 9/27/16 21,637.50 HANDY METAL MART HINGE 2 1/4 X 3 1/2 / PW 325454 9/27/16 28.80 HANSON, E RETIREE HEALTH BENEFITS / OCT 2016 325455 9/27/16 135.00 HARLAN, M RETIREE HEALTH BENEFITS / OCT 2016 325456 9/27/16 500.00 HAUG, S RETIREE HEALTH BENEFITS / OCT 2016 325457 9/27/16 120.00 HERNANDEZ, R RETIREE HEALTH BENEFITS / OCT 2016 325458 9/27/16 400.00 HERNANDEZ, R REIMBURSEMENT FOR TRAVEL EXPENSES, IAFC 325459 9/27/16 379.64 HODGES, B RETIREE HEALTH BENEFITS / OCT 2016 325460 9/27/16 200.00 HONDO, E RETIREE HEALTH BENEFITS / OCT 2016 325461 9/27/16 110.00 HONEYWELL INTERNATIONAL INC HVAC SERVICES ON CITY BUILDING 325462 9/27/16 6,202.59 IAPMO MEMBER SERVICES IAPMO MEMBERSHIP RENEWAL / FIRE 325463 9/27/16 250.00 IBARRA, J RETIREE HEALTH BENEFITS / OCT 2016 325464 9/27/16 780.00 JAMES, R RETIREE HEALTH BENEFITS / OCT 2016 325465 9/27/16 140.00 JUNIEL, R RETIREE HEALTH BENEFITS / OCT 2016 325466 9/27/16 50.00 KAISER FOUNDATION HEALTH PLANS KAISER RETIREES INS COBRA AUG 2016 325467 9/27/16 1,647.02 KEYSER MARSTON ASSOCIATES INC PROFESSIONAL SERV/PLAZA BLVD 325468 9/27/16 750.00 KIMBLE, R RETIREE HEALTH BENEFITS / OCT 2016 325469 9/27/16 300.00 KIMLEY HORN AND ASSOC INC WAYFINDING TASK PROJECT 325470 9/27/16 58,945.66 KIRK'S RADIATOR RECORE RADIATOR / PW 325471 9/27/16 864.00 KTU&A NC DOWNTOWN SPECIFIC PROJECT 325472 9/27/16 23,930.00 LANDA, A RETIREE HEALTH BENEFITS / OCT 2016 325473 9/27/16 155.00 LANGUAGE LINE SERVICES LANGUAGE LINE INTERPRETATION SERVICES 325474 9/27/16 78.53 LIMFUECO, M RETIREE HEALTH BENEFITS / OCT 2016 325475 9/27/16 160.00 LOPEZ, T TRANSLATION SERVICES 325476 9/27/16 140.00 MABPA MABPA MONTHLY LUNCH MEETING / CM MENDIVIL 325477 9/27/16 25.00 MALLORY SAFETY & SUPPLY LLC SAFETY APPAREL 325478 9/27/16 434.97 MATIENZO, M RETIREE HEALTH BENEFITS / OCT 2016 325479 9/27/16 100.00 MAZON, B REIMB / SEX OFFENDER BOOTCAMP / PD 325480 9/27/16 78.11 MC CABE, T RETIREE HEALTH BENEFITS / OCT 2016 325481 9/27/16 280.00 MEDIFIT COMMUNITY SERVICES LLC POOL MANAGEMENT FEE / CSD / JULY & AUG 325482 9/27/16 67,920.61 MEDINA, R RETIREE HEALTH BENEFITS / OCT 2016 325483 9/27/16 105.00 MINER, D RETIREE HEALTH BENEFITS / OCT 2016 325484 9/27/16 580.00 MOBILE WIRELESS LLC NETMOTION MOBILE MAINTENANCE RENEWAL 325485 9/27/16 4,028.00 MOSSY NISSAN TIRE ROTATION / PW 325486 9/27/16 171.89 MTS MTS TROLLEY FLAGGER SERVICE - NSR 325487 9/27/16 65.89 MYERS, B RETIREE HEALTH BENEFITS / OCT 2016 325488 9/27/16 140.00 NATIONAL CREDIT REPORTING MONTHLY SERVICE PROVIDED / SEC 8 325489 9/27/16 51.35 NBS LANDSCAPE MAINTENANCE DISTRICT/PLANNING 325490 9127/16 848.03 NOTEWARE, D RETIREE HEALTH BENEFITS / OCT 2016 325491 9/27/16 120.00 ORKIN PEST CONTROL SERVICES / PW 325492 9/27/16 659.00 272 of 554 3/4 -;--- CALIFORNIA •4' PAYEE PACIFIC HIGHWAY RENTALS LLC PADRE JANITORIAL SUPPLIES PAUU JR, P PEASEJR,D PETERS, S POST, R POWERSTRIDE BATTERY CO INC PRO BUILD PRO -EDGE KNIFE PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RAY, 5 RCP BLOCK & BRICK INC REEDER, M ROARK, L ROBINSON, 5 RUIZ, J S & S WELDING S D COUNTY SHERIFFS DEPT SAFRAN MORPHOTRUST SAN DIEGO FRICTION PRODUCTS SAN DIEGO GAS & ELECTRIC SAN DIEGO PET SUPPLY SAN DIEGO PLASTICS INC SAN DIEGO PR SAN DIEGO UNION TRIBUNE SCST INC SDG&E SEAPORT MEAT COMPANY SERVATIUS, J SHERWIN WILLIAMS SHOEMAKER, M SHORT, C SHRED IT USA SMART SOURCE OF CALIFORNIA LLC SMITH, J SOUTH COAST EMERGENCY SOUTHWEST SIGNAL SERVICE SPARKLETTS SPEEDPRO IMAGING STAPLES BUSINESS ADVANTAGE STOUT, Z STRASEN, W SUPERIOR READY MIX SWEETWATER AUTHORITY SWEETWATER AUTHORITY SYSCO SAN DIEGO INC THE COUNSELING TEAM THE HOME DEPOT CREDIT SERVICES NATIoNAL am raw WARRANT REGISTER #13 9/27/2016 DESCRIPTION CHK NO DATE AMOUNT LIGHTING TOWER RENTAL AT LAS PALMAS PARK 325493 9/27/16 3,900.00 JANITORIAL SUPPLIES / NUTRITION 325494 9/27/16 393.65 RETIREE HEALTH BENEFITS / OCT 2016 325495 9/27/16 340.00 RETIREE HEALTH BENEFITS / OCT 2016 325496 9/27/16 140.00 RETIREE HEALTH BENEFITS 1 OCT 2016 325497 9/27/16 290.00 RETIREE HEALTH BENEFITS / OCT 2016 325498 9/27/16 280.00 BATTERIES 31 PC2150 Jr PW 325499 9/27/16 2,628.62 MOP #45707 PLASTIC HEAD CUT KEY / PW 325500 9/27/16 186.60 KNIFE SHARPENING SERVICE / NUTRITION 325501 9/27/16 46.00 PLAZA BLVD. WIDENING PROJECT 325502 9/27/16 89,662,53 MOP 45742 UNIFORM CLEANING/ NEIGHBORHOOD 325503 9/27/16 26.08 RETIREE HEALTH BENEFITS / OCT 2016 325504 9/27/18 190.00 MORTAR MEDIUM TAN ROCK / PW 325505 9/27/16 30.32 APA REIMBURSE/MREEDER/PLANNING 325506 9/27/16 575.00 RETIREE HEALTH BENEFITS / OCT 2016 325507 9/27/16 135.00 REIMB BREAKFAST ST#31 CREW / FIRE 325508 9/27/16 24.50 RETIREE HEALTH BENEFITS / OCT 2016 325509 9/27/16 310.00 SPECIAL TRAF GRATE GALVANIZED / PW 325510 9/27/16 479.60 CAL ID PROGRAM 325511 9/27/16 7,734.00 FINGERPRINT SUBMISSIONS 325512 9/27/16 44.00 AIR SPRING / PW 325513 9127/16 859.01 GAS & ELECTRIC UTILITIES / NUTRITION 325514 9/27/16 2,919.64 MOP # 45753 K9 FOOD / PD 325515 9/27/16 197.05 PVCX KOMALU WHITE/WHITE 1/8" / PW 325516 9/27/16 274.68 NATIONAL CITY NEWS / JUNE & JULY 2016 325517 9/27116 600.00 ADVERTISING FOR CIP E 16TH/GROVE PROJECT 325518 9/27/16 573.24 PLAZA & 14TH ST, PROJECT 325519 9127/16 3,975.00 FACILITIES DIVISION GAS & ELECTRIC UTILITIES 325520 9/27/16 46,554.34 MEAT / NUTRITION CENTER 325521 9/27/16 1,181.59 RETIREE HEALTH BENEFITS / OCT 2016 325522 9/27/16 340.00 PAINT FOR FACILITY BUILDINGS 325523 9/27/16 652.40 REIMB. LUNCH, ST#31 CREW / FIRE 325524 9/27/16 26.45 RETIREE HEALTH BENEFITS / OCT 2016 325525 9/27/16 300.00 MONTHLY SHREDDING SERVICE / AUG 325526 9/27/16 92.95 MOP 63845. BUSINESS CARDS/HOUSING 325527 9/27/16 222.36 RETIREE HEALTH BENEFITS / OCT 2016 325528 9/27/16 320.00 FRONT WINDOW REGULATOR /PW 325529 9/27/16 1,199.13 STREET SIGNS / PW 325530 9/27/16 17,180.47 WATER SERVICES / SEPTEMBER 2016 325531 9/27/16 24.00 GRAPHICS / PW 325532 9/27/16 308.83 MOP: 45704 OFFICE SUPPLIES / PD 325533 9/27/16 1,668.46 EDUCATION REIMBURSEMENT 325534 9/27/16 150.00 RETIREE HEALTH BENEFITS / OCT 2016 325535 9/27/16 135.00 660-2-4000P, 7 SK CONCRETE 1 PW 325536 9/27/16 2,340.52 FACILITIES DIVISION WATER UTILITIES 325537 9/27/18 36,292.98 WATER UTILITIES/500 E PLAZA/ SA 325538 9/27/16 46.57 FOOD / NUTRITION CENTER 325539 9/27/16 4,084.55 EMPLOYEE SUPPORT SERVICE 325540 9/27/16 800.00 FABRIC PEGS / PW 325541 9/27/16 272.27 414 273 of 554 PAYEE THE LAW OFFICES OF EDWARD Z KOTKIN TIPTON, B TODD PIPE & SUPPLY LLC VERIZON WIRELESS VERRY, L VILLAGOMEZ, J VIORA, VISTA PAINT VISTA PAINT WAXIE SANITARY SUPPLY WEST TECH CONTRACTING INC WHITE, J WILLY'S ELECTRONIC SUPPLY YBARRA, A ZENGOTA, V WIRED PAYMENTS UNION BANK OF CALIFORNIA PUBLIC EMP RETIREMENT SYSTEM PAYROLL Pay period Start Date 20 9/13/2016 C. IFoR IA.' TIC CifmcaRpomilim WARRANT REGISTER #13 9/27/2016 DESCRIPTION KOTKIN/LEGAL SERVICES/SA RETIREE HEALTH BENEFITS / OCT 2016 PLUMBING MATERIALS / PW VERIZON AUGUST 2016 RETIREE HEALTH BENEFITS / OCT 2016 RETIREE HEALTH BENEFITS / OCT 2016 PARAMEDIC RECERT REIMB MOP 68834 PAINT SUPPLIES / NEIGHBORHOOD TRAFFIC CONTROL SUPPLIES MISCELLANEOUS JANITORIAL SUPPLIES /PW PARADISE CREEK REST. PROJECT RETIREE HEALTH BENEFITS / OCT 2016 ELECTRONICS SUPPLIES / MIS TRAINING REIMBURSEMENT / TASER INSTRUCTOR RETIREE HEALTH BENEFITS f OCT 2016 AUG 2016 THRU JUL 2017 AMAIN FEES SERVICE PERIOD 08/30/16 - 09/12/16 End Date Check Date 9/26/2016 10/5/2016 CHK NO DATE AM. UNT 325542 9/27/16 120.00 325543 9/27/16 250.00 325544 9/27/16 1,966,77 325545 9/27/16 107.58 325546 9/27/16 280.00 325547 9/27/16 480.00 3255.18 9/27f1a 217.00 325549 9/27/16 195.57 325550 9/27/16 2,350.04 325551 9/27/16 1,981.77 325552 9/27/16 72,276.22 325553 9/27/16 230.00 325554 9/27/16 303.62 325555 9/27/16 59.73 325556 9/27/16 300.00 AM Total 702,900.46 844788 9/27/16 1,165.00 9222016 9/22/16 401,645.69 1,031,110.69 GRAND TOTAL $ 2,136,821.84 274 of 554 Certification IN ACCORDANCE. WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN JERRY CANO, VICE -MAYOR ALEIANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER ALBERT MENDIVIL, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASTJRER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 1" OF NOVEMBER, 2016. AYES NAYS ABSENT 275 of 554 CC/CDC-HA Agenda 11/1/2016 — Page 275 The following page(s) contain the backup material for Agenda Item: Warrant Register #14 for the period of 09/28/16 through 10/04/16 in the amount of $1,675,164.55. (Finance) 276 of 554 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 1, 2016 AGENDA ITEM NO. '. ITEM TITLE: Warrant Register #14 for the period of 09/28/16 through 10/04/16 in the amount of $1,675,164.55. (Finance) PREPARED BY: 'K. Apalategui DEPARTMENT: Financ , APPROVED BY: (,fit PHONE: 1619-336-4572 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 09/28/16 through 10/04/16. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor National City Chamber Check/Wire 325585 Haaker Equipment Company 325639 COSD Auditor & Controller 842235 Amount 55,310.28 282,338.34 325,000.00 Explanation NC Tourism Marketing District Fee / July Broom Bear Dual Street Sweeper Proceeds / Sale of the Centro Condo FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,675,164.55. APPROVED: bj Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: !Ratify warrants totaling $1,675,164.55. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #14 277 of 554 1/3 C AL F0),I1.4 PAYEE 211 SAN DIEGO AFLAC AIR PURIFICATION SYSTEMS AIRGAS WEST AUSTIN DOORS BROADWAY AUTO GLASS CA PARKS AND RECREATION CARDIAC SCIENCE CORPORATION COAST INDUSTRIAL SYSTEMS INC COUNTY OF SAN DIEGO CPP PRINTING CYNTHIA TITGEN CONSULTING INC DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DEESE, L DENHAM, A FASTSIGNS FERGUSON ENTERPRISES INC FLEETCREW HONEYWELL INTERNATIONAL INC JJJ ENTERPRISES MANNING & KASS MEYERS NAVE MOSSY NISSAN NATIONAL CITY CHAMBER NATIONAL CITY CHAMBER NOBLE KNIGHTS AUTO GROUP ORIENTAL TRADING COMP LLC ORKIN PATTY'S LINEN RENTALS POWERSTRIDE BATTERY CO INC PRO BUILD PRUDENTIAL OVERALL SUPPLY RED WING SHOES STORE RELIABLE TIRE CO RELIANCE STANDARD RODRIGUEZ, G SAM'S ALIGNMENT SERVICE SHERWIN WILLIAMS SITEONE LANDSCAPE SUPPLY LLC SMART SOURCE OF CALIFORNIA LLC SOUTHERN CALIF TRUCK STOP SPEEDPRO IMAGING STACEY POWERS STAPLES BUSINESS ADVANTAGE NaloN �"vicea,'�c�a WARRANT REGISTER #14 10/4/2016 DESCRIPTION CHK NO DATE AMOUNT 211 SAN DIEGO INFO LINE OF SAN DIEGO 325557 10/4/16 11,716.40 AFLAC ACCT BDM36 / OCTOBER 2016 325558 10/4/16 642,08 REGULATOR BODY WITH GAUGE AND FITTINGS / PV 325559 1014/16 834.11 MOP#45714 PLUMBING MATERIALS 325560 10/4/16 1,221.99 SERVICE ONE ROLL UP DOOR 325561 10/4/18 1,463.86 WINDSHIELD REPLACEMENT / PW 325562 10/4/16 440.00 CPRS MEMBERSHIP 1 A DENHAM 325563 10/4/16 475,00 G3 PLUS FULLY - AUTOMATIC PACKAGE 325564 10/4/16 1,295,00 HOUSING Q TIP FILTER / PW 325565 10/4/16 326.29 CO OF SD SHARE PARKING CITATION/AUG 2016 325566 10/4/16 10,058.75 2X3 WELCOME BOARD- MOUNTED POSTER 325567 10/4/16 45.62 WC MONTHLY SERVICES/SEPTEMBER 325568 10/4/16 2,992,50 LIABILITY CLAIM COST 325569 10/4/16 31,535.85 LIABILITY CLAIM COST 325570 10/4/16 11,323.22 LIABILITY CLAIM COST 325571 10/4/16 4,240.11 LIABILITY CLAIM COST 325572 1014/16 1,260.74 LIABILITY CLAIM COST 325573 10/4/16 526.74 LIABILITY CLAIM COST 325574 10/4/16 140.00 CATERING SVCS / SO BAY MAYORS AND CMO'S 325575 10/4/16 300.00 REIMB/ VOLUNTEER RECOGNITION EVENT 325576 10/4/16 73.69 VINYL HXW WHITE / PW 325577 10/4/16 52,32 MOP#45723 PIPE MATERIALS 325578 10/4/16 491.99 EMS SERVICE LABOR/ PW 325579 10/4/16 887,50 THERMOSTAT / PW 325580 10/4/16 1,532.92 SECURITY MONITORING SERVICES 325581 10/4/16 450.00 LIABILITY CLAIM COST 325582 1014/16 5,000,00 LABOR RELATIONS & NEGOTIATIONS SERVICES 325563 10/4/16 297.00 OIL CHANGE AND FILTERS PACKAGE 325584 10/4/16 75.97 NC TOURISM MARKETING DISTRICT FEE / JULY 325585 10/4116 55,310.28 NC CHAMBER BREAKFAST/ SEPT 2016 / CM MEN 325586 10/4/16 25.00 LIABILITY CLAIM COST 325587 10/4/16 736.50 HALLOWEEN SUPPLIES / PW 325588 10/4/16 312.99 PEST CONTROL SERVICES MONTH OF AUGUST 325589 10/4/16 416.50 WHITE RESIN CHAIR WITH PADDED SEAT / CSD 325590 10/4/16 731.50 MOP#467839 AUTO SUPPLIES / PW 325591 10/4/16 144.64 MOP#45707 SUPPLIES / PW 325592 10/4/16 887.28 MOP#45742 LAUNDRY SERVICES / PARKS 325593 10/4/16 446.87 SAFETY BOOTS / PW 325594 10/4/16 125.00 PASSENGER TIRES /PW 325595 10/4/16 361.50 VOLUNTARY LIFE INSURANCE / OCTOBER 2016 325596 10/4/16 2,695.98 REFUND / CITATION OVERPAYMENT 325597 10/4/16 80.00 MOP#72442 VEHICLE SERVICE / PW 325598 10/4/16 207.00 MOP#77816 PAINT / NSD 325600 10/4/16 795.80 MOP#69277 HORTICULTURAL ITEMS 325601 10/4/16 2,988.87 MOP 63845 - BUSINESS CARDS HR 325602 10/4/16 74.12 MOP#45758 OIL 325603 10/4/16 136.49 CITY OF NATIONAL CITY LOGO - PW 325604 10/4116 828.00 CHAIR YOGA CLASS 325605 10/4/16 100.00 MOP 45704. OFFICE SUPPLIES / FINANCE 325606 10/4/16 476.14 278 of 554 2/3 PAYEE STEVENSON, S SWANK MOTION PICTURES INC T MAN TRAFFIC SUPPLY THE HOME DEPOT CREDIT SERVICES TOPECO PRODUCTS U S BANK U S HEALTHWORKS UNITED ROTARY BRUSH CORP VULCAN MATERIALS COMPANY WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY ZUMAR INDUSTRIES INC MANZO, J RIBBONS GALORE SAN DIEGO FRICTION PRODUCTS VALLEY INDUSTRIAL. SPECIALTIES AIRGAS WEST ALDEMCO ALL FRESH PRODUCTS ATKINS NORTH AMERICA INC BEST BEST & KRIEGER ATTNY LAW CALIFORNIA COMMERCIAL SECURITY CEB CEB CLF WAREHOUSE DANIELS TIRE SERVICE DATA TICKET INC DEPARTMENT OF INDUSTRIAL FERGUSON ENTERPRISES INC GEOSYNTEC CONSULTANTS INC GRAINGER HAAKER EQUIPMENT COMPANY HUNTER'S NURSERY INC KNOX ATTORNEY SERVICE INC LEFORTS SMALL ENGINE REPAIR METRO AUTO PARTS DISTRIBUTOR NEW CENTURY CONSTRUCTION INC O'REILLY AUTO PARTS PENSKE FORD PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PRUDENTIAL OVERALL SUPPLY SEAPORT MEAT COMPANY SHEPHARD, S SPARKLETTS STAPLES BUSINESS ADVANTAGE SYSCO SAN DIEGO INC USBANK CALIFORNIA NATIONAL ITy WARRANT REGISTER #14 10/4/2016 DESCRIPTION TRAVEL REIMBURSEMENTJICMA CONFERENCE WS DVD GOOSEBUMPS / CSD MOP#76666 TRAFFIC SUPPLIES BLACK POST W FLANGE MOP#63849 SUPPLIES / PARKS CREDIT CARD EXPENSE / PW PRE -EMPLOYMENTS PHYSICALS MOP#62683 AUTO SUPPLIES / PW 3/4 IN CL 2 BASE / PW MOP#63850 AUTO PARTS / PW MOP#45763 AUTO PARTS JPW TRAFFIC SUPPLIES PW BL ADMIN REFUND CUSTOM FLAT RIBBON / CSD MOP#80333 AUTO PARTS / PW MOP#46453 SUPPLIES / PW MOP#45714 SUPPLIES / PW FOOD / NUTRITION CENTER FOOD / NUTRITION CENTER ALLEY DESIGN SERVICES REGIONAL PERMIT PETITION FRAME SERVICE LEGAL PUBLICATION LEGAL PUBLICATION MOP#80331 SUPPLIES / PW MOP#76986 TIRES 1 PW TICKET APPEALS & ON-LINE ACCESS / NSD ELEVATOR INSPECTION - PUBLIC WORKS MOP#45723 SUPPLIES EDUCATION VILLAGE PROJECT MOP#65179 SUPPLIES / FIRE BROOM BEAR DUAL STREET SWEEPER MOP#45719 HORTICULTURAL ITEMS KNOX ATTORNEY SERVICE MOP#80702 AUTO PARTS / PW MOP#75943 AUTO PARTS / PW D AVE & E. 12TH ST ROUNDABOUT PROJECT MOP#75877 AUTO PARTS / PW MOP#49078 AUTO PARTS / PW MOP#45703 AUTO PARTS / PW MOP#67839 AUTO SUPPLIES / PW MOP#45707 SUPPLIES / PW MOP#45742 LAUNDRY SERVICES / NSD MEAT FOR NUTRITION CENTER ADV SUBS / SHERMAN BLOCK SLI TRAINING / PD WATER 1 NUTRITION CENTER OFFICE SUPPLIES/CITY ATTORNEY FOOD 1 NUTRITION CENTER CREDIT CARD EXPENSES CHK NO DATE AMOUNT 325607 10/4/16 750.96 325608 10/4/16 1,000.00 325609 10/4/16 1,273.51 325610 10/4/16 370.67 325611 1014/16 11.30 325612 10/4/16 39.14 325613 10/M1/16 745.00 325614 10/4/16 398.67 325616 10/4/16 309.64 325617 10/4/16 570.50 325618 10/4/16 145.25 325619 10/4/16 5,106.11 325620 10/4/16 10.50 325621 10/4/16 160.71 325622 10/4/16 116.27 325623 10/4/16 607.38 325624 10/4/16 326.70 325625 10/4/16 1,547.79 325626 10/4/16 567.87 325627 10/4/16 22,515.25 325628 10/4/16 427.50 325629 10/4/16 231.25 325630 10/4/16 239.26 325631 10/4/16 167.71 325632 10/4/16 391.59 325633 10/4/16 301.83 325634 1014/16 3,467.36 325635 10/4/16 2,700.00 325636 10/4/16 204.16 325637 10/4/16 29,628.70 325638 10/4/16 337.61 325639 10/4/16 282,338.34 325640 10/4/16 110.10 325641 10/4/16 74.75 325642 10/4/16 548.38 325643 10/4/16 469.90 325644 10/4/16 15,000.00 325645 10/4/16 156.84 325646 10/4/16 1,287.44 325647 10/4/16 186.28 325648 10/4/16 326.95 325649 10/4/16 891.87 325650 10/4/16 625.06 325651 10/4/16 475.29 325652 10/4/16 384.00 325653 10/4/16 3.99 325654 10/4/16 741.99 325655 10/4/16 1,903.60 325656 10/4/16 120.14 279 of 554 3/3 NATIONAL ory RYORAT D WARRANT REGISTER #14 10/4/2016 PAYEE J)ESCRIPTION CHK NO DATE AMOUNT WEST COAST ARBORISTS INC GPS TREE INVENTORY 325657 10/4/16 9,134.00 WEST PAYMENT CENTER LEGAL PUBLICATION / CITY ATTORNEY'S OFFICE 325658 10/4/16 1;037.33 A/P Total 548.046.45 WIRED PAYMENTS COSD AUDITOR & CONTROLLER SECTION 8 HAPS PAYNIEHTS PROCEEDS / SALE OF THE CENTRO CONDO 842235 9/28/16 325,000.00 Start Date End Date 9/28/201 B 10/4/2016 802,118.10 GRAND TOTAL $1,675164.55 280 of 554 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. f� ter{ MARK ROBERT , FINANC " 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 1.0 OF NOVEMBER, 2016. AYES NAYS ABSENT 281 of 554 CC/CDC-HA Agenda 11/1/2016 — Page 281 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 10.14 to Title 10 of the National City Municipal Code to Prohibit all Commercial Marijuana Activity in the City of National City, Regulate the Cultivation of Recreational Marijua 282 of 554 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 1, 2016 AGENDA ITEM NO. ITEM TITLE: An Ordinance of the City Council of the City of National City adding Chapter 10.14 to Title 10 of the National City Municipal Code to Prohibit all Commercial Marijuana Activity in the City of National City, Regulate the Cultivation of Recreational Marijuana for Personal Use, and Regulate the Possession of Recreational Marijuana in anticipation of Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act ("AUMA"), passing on November 8, 2016. PREPARED BY: Nicole Pedone PHONE: lExt. 4221' EXPLANATION: Please see attached staff report. DEPARTMENT: City Attorney APPROVED BY:,��L —. FINANCIAL STATEMENT: ACCOUNT NO. Not applicable. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This activity is not a project as defined in Section 15378 of the California Code of Regulations; therefore, no further action is required under the California Environmental Quality Act. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt proposed ordinance. BOARD / COMMISSION RECOMMENDATION: Not applicable' ATTACHMENTS: Staff Report Exhibits 1-7 283 of 554 \\"/ice eim. CALIFORNIA NATIONAL CIrrY XNCORPORA'TED City Council Staff Report October 18, 2016 ITEM An Ordinance of the City Council of the City of National City adding Chapter 10.14 to Title 10 of the National City Municipal Code to Prohibit all Commercial Marijuana Activity in the City of National City, Regulate the Cultivation of Recreational Marijuana for Personal Use, and Regulate the Possession of Recreational Marijuana in anticipation of Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act ("AUMA"), passing on November 8, 2016. STAFF RECOMMENDATION Adopt an Ordinance to add Chapter 10.14 to Title 10 of the National City Municipal Code to Prohibit all Commercial Marijuana Activity in the City of National City, Regulate the Cultivation of Recreational Marijuana for Personal Use, and Regulate the Possession of Recreational Marijuana in anticipation of Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act ("AUMA"), passing on November 8, 2016 to be effective immediately or as otherwise specified in Chapter 10.14. BACKGROUND AND OVERVIEW OF THE CONTROL, REGULATE, AND TAX ADULT USE OF MARIJUANA ACT ("AUMA") The following background information is largely taken from a memorandum written by the League of California Cities' (the entirety of the memorandum as well as a chart is attached as Exhibit 1): On November 8, 2016, AUMA will come before California voters as Proposition 64. If passed, the AUMA will legalize the nonmedical use of marijuana by persons 21 years of age and over, and the personal cultivation of up to six marijuana plants. In addition, the AUMA will create a state regulatory and licensing system governing the commercial cultivation, testing, and distribution of nonmedical marijuana, and the manufacturing of nonmedical marijuana products. 1. The League of California Cities mission statement reads as follows: "To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians." © 2016 League of California Cities 284 of 554 A. Personal Nonmedical Marijuana Use The AUMA makes it legal for persons 21 years of age or older to: (1) smoke or ingest marijuana or marijuana products; (2) possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older, without any compensation, 28.5 grams of marijuana, or 8 grams of concentrated marijuana, including as contained in marijuana products; and (3) possess, plant, cultivate, harvest, dry or process up to six living marijuana plants for personal use.2 The AUMA requires that marijuana in excess of 28.5 grams that is produced by plants kept pursuant to the personal cultivation provision of the Act be kept in a locked space on the grounds of a private residence that is not visible from a public place.3 Although persons 21 years of age or older may use and possess nonmedical marijuana under the Act, their ability to engage in these activities is not unfettered. The AUMA prohibits the smoking of marijuana: (1) in any public place, except where a local jurisdiction has authorized use on the premises of a retailer or microbusiness in accordance with Business and Professions Code section 26200; (2) where smoking tobacco is prohibited; (3) within 1,000 feet of a school, day care center, or youth center while children are present; and (3) while driving, or riding in the passenger seat of, any vehicle used for transportation.4 Moreover, individuals cannot possess marijuana on school grounds, in day care centers, or in youth centers while children are present, or possess an open container of marijuana or marijuana products while driving, operating, or riding in any vehicle used for transportation.5 The AUMA further provides that cities may prohibit possession and smoking in buildings owned, leased, or occupied by the city, and that employers, including cities, may maintain a drug and alcohol free workplace by prohibiting the use, consumption, possession, transfer, transportation, sale, display or growth of marijuana in the workplace.6 B. Personal Cultivation The AUMA provides that local governments can reasonably regulate, but cannot ban, personal indoor cultivation of up to six living marijuana plants within the person's private residence. The Act defines private residence as "a house, an apartment unit, a mobile home, or other similar dwelling unit.i8 This includes cultivation in a greenhouse on the same property as the residence that is not physically part of the home, as long as it is fully enclosed, secure, and not visible from a public space.9 The AUMA completely protects the ability of local governments to regulate, and to ban, personal outdoor cultivation operations. 10 However, it purports to repeal any ordinance that bans 2. Health & Safety Code §11362.2(a) 3. Health & Safety Code §11362.2(a)(2) 4. Health & Safety Code §11362.3(7)-(8) 5. Health & Safety Code §11362.3(3), 11362.3(4) 6. Health & Safety Code § 11362.45(f)-(g) 7. Health & Safety Code §11362.1(a)(3), 11362.2 8. Health & Safety Code § 11362.2(5) 9. Health & Safety Code §11362.2(a)(2) 10. Health & Safety Code §11362.2(b)(3) Staff Report 1 Ordinance Adding Chapter 10.14 November 1, 2016 Prohibiting All Commercial Marijuana Activity 285 of 554 outdoor cultivation upon the California Attorney General's determination that nonmedical use of marijuana is lawful under federal law.11 C. Commercial Nonmedical Marijuana Activity Under the AUMA, California will have a comprehensive state regulatory system for nonmedical marijuana that governs the industry from "seed to sale." The Bureau of Marijuana Control, currently the Bureau of Medical Cannabis Regulation, which is within the Department of Consumer Affairs, will have primary responsibility for administering and enforcing the AUMA.12 The AUMA divides state licensing and enforcement responsibilities among three agencies: (1) the Department of Consumer Affairs, which will issue licenses for the transportation, storage, distribution, and sale of marijuana;13 (2) the Department of Food and Agriculture will issue marijuana cultivation licenses, which will administer the provisions of the AUMA related to the cultivation of marijuana;14 and (3) the Department of Public Health, which will issue licenses for marijuana manufacturers and testing laboratories.15 Each of these state licensing authorities is responsible for creating regulations governing their respective areas of responsibility, and must begin issuing licenses by January 1, 2018.16 A state marijuana license will be valid for one year.17 A separate state license is required for each commercial marijuana business location.18 With the exception of testing facilities, any person or entity licensed under the AUMA may apply for and be issued more than one type of state license.19 D. Local Control All nonmedical marijuana businesses must have a state license.20 A state license cannot issue to an applicant whose operations would violate the provisions of any local ordinance or regulation.21 However, a state applicant need not provide documentation that the applicant has a local license or permit. The AUMA does not limit the authority of a local jurisdiction to adopt and enforce local ordinances regulating or completely prohibiting state -licensed marijuana businesses.22 Local 11. Health & Safety Code § 11362.2(b)(4) 12. Business & Professions Code §26010 13. Business and Professions Code § 26012(a)(1) 14. Business and Professions Code § 26012(a)(2) 15. Business and Professions Code § 26012(3) 16. Business and Professions Code § 26012(c), 26013(a) 17. Business and Professions Code § 26050(c) 18. Business and Professions Code § 26055(c) 19. Business and Professions Code § 26053 20. Business and Professions Code § 26038 21. Business and Professions Code § 26055(e) 22. Business and Professions Code § 26200(a); but see, Business and Professions Code §§ 19340(f), 26080(b), 26090(c) which prohibits cities from preventing the use of public roads to lawfully transport or deliver nonmedical marijuana. Staff Report 2 Ordinance Adding Chapter 10.14 November 1, 2016 Prohibiting All Commercial Marijuana Activity 286 of 554 jurisdictions may establish "standards, requirements, and regulations regarding health and safety, environmental protection, testing, security, food safety, and worker protections that exceed state standards."23 E. Local Enforcement AUMA establishes a dual enforcement scheme for commercial marijuana activities that violate either state or local laws. The state licensing authorities will enforce state statutes and regulations. State authorities can suspend or revoke state licenses,24 pursue civil penalties against violating businesses in an amount equal to three times the applicable licensing fee per violation,25 or may prosecute violators criminally.26 Local authorities will be responsible for enforcing local ordinances and regulations.27 For state -licensed facilities operating within a city, a city may have authority to enforce state law and regulations "if delegated the power to do so by the [B]ureau [of Marijuana Control] or a licensing authority."28 The AUMA does not require an applicant to provide evidence of local permission prior to being issued a state license.29 Instead, the AUMA prohibits state licensing entities from approving licenses for activities that would violate local ordinances.30 Thus, state licensing officials bear the onus of evaluating local regulatory compliance. PROPOSED ORDINANCE Chapter 10.14, titled "Recreational Marijuana" would be added to Title 10, Public Peace, Morals, and Safety under section III titled Offenses Against Health and Safety. This ordinance would prohibit all commercial marijuana activity in the city including the licensing and operation of any marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, marijuana delivery businesses, marijuana storage facilities, retail marijuana stores, and marijuana establishments. All outdoor cultivation of marijuana would also be prohibited and in accordance with proposed Health and Safety code section 11362.2(a), not more than six plants may be cultivated within a single private residence. The possession, display, consumption, sale, or use of recreational marijuana will be prohibited in or upon any public area, public park and public building and the smoking of marijuana will be prohibited anywhere the smoking of tobacco is prohibited and as otherwise prohibited in proposed Health and Safety Code section 11362.3. The ordinance will also make it unlawful for any person to purchase marijuana for, or to sell to, any person under the age of 21 years old. 23. Business and Professions Code § 26201 24. Business and Professions Code § 2603 25. Business and Professions Code § 26038(a) 26. Business and Professions Code § 26038(c) 27. Business and Professions Code § 26200(b) 28. Business and Professions Code § 23202(a) 29. Business and Professions Code § 26056 30. Business and Professions Code § 26055(e) Staff Report 3 Ordinance Adding Chapter 10.14 November 1, 2016 Prohibiting All Commercial Marijuana Activity 287 of 554 ENFORCEMENT Violations of this ordinance could result in prosecution in accordance with Title 1 of the National City Municipal Code and may be enforced through injunctive relief or any other relief available by law, including civil or criminal prosecution. Penalties may result in a misdemeanor citation for each day in violation, punishable by a maximum of one year in jail and a one thousand dollar fine. Violations of the ordinance are declared to be a public nuisance and may be abated by the City in accordance with the law and as provided for under the National City Municipal Code. Enforcement efforts will be done by a combination of police officers, code compliance Officers, the fire marshal, or any other city official authorized to enforce any provision of the municipal code. ORDINANCE This ordinance is necessary for the preservation of the public peace, health, and safety due to the impending vote on November 8, 2016 in which Proposition 64 is anticipated to pass with a majority vote legalizing the recreational use of marijuana. The city already bans all medical marijuana dispensaries and cultivation regardless of purpose. The cultivation, transportation, distribution, and sale of recreational marijuana can create problems related to crime, public health, and safety, water and air quality and energy consumption. Marijuana creates nuisance activity such as loitering and criminal activity in business and residential districts. In addition, equipment utilized to grow marijuana indoors can pose a risk of fire. The negative impacts of the legalization of recreational marijuana are significant as documented by the findings after Colorado legalized marijuana. 31 • Impaired Driving o a 32% increase in marijuana -related traffic deaths in 2014, when retail marijuana businesses began operating, there was in just one year from 2013. o 92% increase from 2010-2014 in marijuana -related traffic deaths 8% for all other traffic deaths in that period. o 45% increase in positive marijuana results of active THC results for primarily driving under the influence since 2014, when retail marijuana business began operating. • Youth Marijuana Use o 11.16% of Colorado youth ages 12 to 17 years old were considered current marijuana users compared to 7.15% nationally in 2013. o Colorado ranked 3rd in the nation and was 56% higher than the national average. o 40% increase during the school years 2008 — 2014 in Drug -related suspensions / expulsions, the majority were marijuana violations. 31. See attached Rocky Mountain High Drug Trafficking Area (RMHIDTA) September 2015 (Volume 3) Report, Exhibit 2. Staff Report 4 Ordinance Adding Chapter 10.14 November 1, 2016 Prohibiting All Commercial Marijuana Activity 288 of 554 o A 2015 survey of school resource and school counselors revealed similar results about increased marijuana issues since recreational marijuana was legalized. • Youth Marijuana Use o Adult 29% of college age students (18-25 years old) in 2013, were considered current marijuana users compared to 18.91% nationally. o Colorado ranked 2nd in the nation, 54% higher than the national average. o 10.13% of adults ages 26 years and up in 2013 were considered current marijuana uses compared to 5.45% nationally. Colorado ranked 5th in the nation for current marijuana use among adults (85.87 percent higher than the national average). o 49% increase of probationers age 18 to 25 years old, were positive for THC. 87% increase in marijuana users ages 26 and older since it was legalized. • Emergency Room Admissions o a 29% increase in the number of marijuana -related emergency room visits and 38% increase in marijuana -related hospitalizations in one year In 2014, when retail marijuana businesses began operating. o a 46% increase in hospitalizations related to marijuana in the three years after medical marijuana was commercialized, compared to the three years prior. o Children's Hospital Colorado reported 16 cases of marijuana ingestions among children under 12 in 2014, compared to 2 in 2009. • Marijuana -related Exposure Issues o In 2014, when retail marijuana businesses began operating, marijuana -only related exposures increased by 72% in one year. o During the years 2013-2014, the average number of all age exposures was 175 per year. Exposures have doubled since marijuana was legalized in Colorado. o Young children (0-5 years old): 2013-2014, average of 31 exposures per year. • Overall, crime in Denver increased 12.3% from 2012 to 2014. o Colorado increase in marijuana tourism industry. o Huge growing black market and criminal enterprise (15% increase in violent crime). o Residential homes rented specifically for grow use. o Increase in Utilities Theft. o Pesticides / Environmental Impact. o Increased use in public events. o Increase Expenses for citizens (vehicle / health insurance, rental prices). o Not enough revenue to areas impacted for regulation (cities / counties that opt out). In addition, a study released in May 2016 by AAA Foundation for Traffic. Staff Report 5 Ordinance Adding Chapter 10.14 November 1, 2016 Prohibiting All Commercial Marijuana Activity 289 of 554 Research found that fatal crashes involving drivers who recently used marijuana doubled in Washington State after that state legalized the drug. An analysis of the "Adult Use of Marijuana" initiative by the San Diego District Attorney's office points out, "The initiative allows persons convicted of dealing large amounts of controlled substances such as heroin (up to 20,000 individual doses), methamphetamine (up to 10,000 individual doses) to become `legal marijuana dealers'; and the analysis further notes that the initiative permits convicted felony drug dealers who have used children to courier drugs to an adult buyer to be eligible to apply for a California marijuana license. Further, there are no provisions in the initiative to prevent advertising and marketing to children and teens near parks, community centers, child -focused businesses, and community colleges. Besides the increase in crime, deaths, and increased exposure of the drug to our youth, the legalization of the drug presents serious implications to our environment. For instance, each plant requires 6 gallons of water per day in a state that is currently battling a drought and asking residents to conserve. This ordinance is urged for the health and safety of our residents, and in order to commit to the success and positive future of our community youth.32 This ordinance was introduced at the City Council meeting on October 18, 2016. The ordinance is now submitted to the City Council for final adoption, to take effect in 30 days. At the October 18 meeting, a companion version of the ordinance was enacted by the City Council as an urgency ordinance, effective immediately. FISCAL IMPACT None 32 See attached California Police Chiefs Association Findings on Marijuana Use, Exhibit 3, and additional resources and sources, Exhibit 4. Staff Report 6 Ordinance Adding Chapter 10.14 November 1, 2016 Prohibiting All Commercial Marijuana Activity 290 of 554 GU LE EAlFC?ItNl:,,V CITIES 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www,cacities.org MEMORANDUM' To: League of California Cities' City Managers Department League of California Cities' City Attorneys Department From: League Staff Date: September 26, 2016 Re: The Control, Regulate and Tax Adult Use of Marijuana Act On November 8, 2016, the Control, Regulate, and Tax Adult Use of Marijuana Act ("AUMA" or "Act") will come before California voters as Proposition 64. If passed, the AUMA will legalize the nonmedical use of marijuana by persons 21 years of age and over, and the personal cultivation of up to six marijuana plants. In addition, the AUMA will create a state regulatory and licensing system governing the commercial cultivation, testing, and distribution of nonmedical marijuana, and the manufacturing of nonmedical marijuana products. The regulatory system governing these commercial marijuana activities largely mirrors the Medical Marijuana Regulation and Safety Act ("MMRSA"), but there are key differences. This memorandum will provide an overview of the AUMA, highlight the ways in which the AUMA differs from the MMRSA, and identify the issues that cities will need to take action on if the AUMA passes. I. Overview of the AUMA A. Personal Nonmedical Marijuana Use The AUMA makes it legal for persons 21 years of age or older to: (1) smoke or ingest marijuana or marijuana products; (2) possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older, without any compensation, 28.5 grams of marijuana, or 8 grams of concentrated marijuana, including as contained in marijuana products; and (3) possess, plant, cultivate, harvest, dry or process up to six living marijuana plants for personal use.' The AUMA requires that marijuana in excess of 28.5 grams that is produced by plants kept pursuant to the personal cultivation provision of the Act be kept in a locked space on the grounds of a private residence that is not visible from a public place.3 Although persons 21 years of age or older may use and possess nonmedical marijuana under the Act, their ability to engage in these activities is not unfettered. The AUMA prohibits the smoking ' DISCLAIMER: These materials are not offered as or intended to be legal advice. Readers should seek the advice of an attorney when confronted with legal issues. Attorneys should perform an independent evaluation of the issues raised in these materials. 2 Health & Saf. Code § 11362.2(a). 3 Health & Saf. Code § 11362.2(a)(2). 1 291 of 554 of marijuana: (1) in any public place, except where a local jurisdiction has authorized use on the premises of a retailer or microbusiness in accordance with Business and Professions Code section 26200; (2) where smoking tobacco is prohibited; (3) within 1,000 feet of a school, day care center, or youth center while children are present; and (3) while driving, or riding in the passenger seat of, any vehicle used for transportation.4 Moreover, individuals cannot possess marijuana on school grounds, in day care centers, or in youth centers while children are present, or possess an open container of marijuana or marijuana products while driving, operating, or riding in any vehicle used for transportation.5 The AUMA further provides that cities may prohibit possession and smoking in buildings owned, leased, or occupied by the city, and that employers, including cities, may maintain a drug and alcohol free workplace by prohibiting the use, consumption, possession, transfer, transportation, sale, display or growth of marijuana in the workplace.6 1. Personal Cultivation The AUMA provides that local governments can reasonably regulate, but cannot ban, personal indoor cultivation of up to six living marijuana plants within the person's private residence.' The Act defines private residence as "a house, an apartment unit, a mobile home, or other similar dwelling unit."g This includes cultivation in a greenhouse on the same property as the residence that is not physically part of the home, as long as it is fully enclosed, secure, and not visible from a public space.9 The AUMA completely protects the ability of local governments to regulate, and to ban, personal outdoor cultivation operations.10 However, it purports to repeal any ordinance that bans outdoor cultivation upon the California Attorney General's determination that nonmedical use of marijuana is lawful under federal law) B. Commercial Nonmedical Marijuana Activity Under the AUMA, California will have a comprehensive state regulatory system for nonmedical marijuana that governs the industry from "seed to sale." The Bureau of Marijuana Control, currently the Bureau of Medical Cannabis Regulation, which is within the Department of Consumer Affairs, will have primary responsibility for administering and enforcing the AUMA. ' 2 The AUMA divides state licensing and enforcement responsibilities among three agencies: (1) the Department of Consumer Affairs, which will issue licenses for marijuana the transportation, 4 Health & Saf. Code §§ 11362.3; 11362.4. 5 Health & Saf. Code §§ 11362.3(3), 11362.3(4). 6 Health & Saf, Code § 11362.45 (f)-(g). 7 Health & Saf. Code §§ 11362.1(a)(3), 11362.2. 8 Health & Saf. Code § 11362.2(5), 4 Health & Saf. Code § 11362.2(a)(2). 10 Health & Saf. Code § 11362.2(b)(3). 11 Health & Saf. Code § 11362.2(b)(4). 12 Bus. & Prof. Code § 26010. 292 of 554 storage, distribution, and sale of marijuana;13 (2) the Department of Food and Agriculture will issue marijuana cultivation licenses, which will administer the provisions of the AUMA related to the cultivation of marijuana; 14 and (3) the Department of Public Health, which will issue licenses for marijuana manufacturers and testing laboratories.15 Each of these state licensing authorities is responsible for creating regulations governing their respective areas of responsibility, and must begin issuing licenses by January 1, 2018.' A state marijuana license will be valid for one year.17 A separate state license is required for each commercial marijuana business location.'$ With the exception of testing facilities, any person or entity licensed under the AUMA may apply for and be issued more than one type of state license.19 1. Local Control All nonmedical marijuana businesses must have a state license.20 A state license cannot issue to an applicant whose operations would violate the provisions of any local ordinance or regulation.21 However a state applicant need not provide documentation that the applicant has a local license or permit. The AUMA does not limit the authority of a local jurisdiction to adopt and enforce local ordinances regulating or completely prohibiting state -licensed marijuana businesses.22 Local jurisdictions may establish "standards, requirements, and regulations regarding health and safety, environmental protection, testing, security, food safety, and worker protections that exceed state standards."23 2. Local Enforcement Like the MMRSA, the AUMA establishes a dual enforcement scheme for commercial marijuana activities that violate either state or local laws. The state licensing authorities will enforce state statutes and regulations. State authorities can suspend or revoke state licenses,24 pursue civil penalties against violating businesses in an amount equal to three times the applicable licensing fee per violation,25 or may prosecute violators criminally.26 Local authorities will be responsible 13. Bus. & Prof. Code § 26012(a)(1). 14 Bus. & Prof. Code § 26012(a)(2). 15 Bus. & Prof. Code § 26012(3). 16 Bus. & Prof. Code §§ 26012(c), 26013 (a). 17 Bus, & Prof. Code § 26050(c). 18 Bus. & Prof Code § 26055(c). 19 Bus. & Prof. Code § 26053. 20 Bus. & Prof. Code § 26038.) 21 Bus. & Prof. Code § 26055(e). 22 Bus. & Prof. Code § 26200(a). But see, Bus. & Prof. Code §§ 19340(f), 26080(b), 26090(c) [prohibiting cities from preventing the use of public roads to lawfully transport or deliver nonmedical marijuana]. 23 Bus. & Prof. Code § 26201. 24 Bus. & Prof. Code § 2603. 25 Bus. & Prof. Code § 26038(a) 26 Bus. & Prof. Code § 26038(c). 293 of 554 for enforcing local ordinances and regulations.27 For state -Licensed facilities operating within a city, a city may have authority to enforce state law and regulations "if delegated the power to do so by the [B]ureau [of Marijuana Control] or a licensing authority."28 II. Key Differences Between the AUMA and MMRSA A. Licensing The MMRSA established dual licensing of medical marijuana businesses, requiring both local approval and a state license in order for a business to operate legally.29 Specifically, the MMRSA requires applicants to provide the relevant state licensing entity with documentation proving their compliance with local ordinances and regulations.3° The AUMA does not require an applicant to provide evidence of local permission prior to being issued a state license?' Instead, the AUMA prohibits state licensing entities from approving licenses for activities that would violate local ordinances.32 Thus, state licensing officials bear the onus of evaluating local regulatory compliance. Under this system, the AUMA allows a nonmedical marijuana business licensed by the state to operate within city limits unless the city's municipal code prohibits the use, Cities that wish to regulate or prohibit nonmedical marijuana businesses will need to do so before the State begins issuing licenses, either by enacting a nonmedical marijuana ordinance/regulation or by amending an existing medical marijuana ordinance/regulation to include nonmedical marijuana within its scope. B. License Revocation Under the MMRSA, revocation of a local license or permit unilaterally terminates the ability of the medical marijuana business to operate in the jurisdiction issuing the permit, until such time as the local permitting entity reinstates it.33 Under the AUMA, if a local jurisdiction revokes a local license, permit, or authorization for a licensee to engage in commercial marijuana activity within the local jurisdiction, the Bureau of Marijuana Control must initiate proceedings to determine whether the state license issued should be suspended or revoked within ten days of being notified by the local jurisdiction of the local revocation.34 Note, however, that, even if the state license is not suspended or revoked immediately, the business cannot operate within the local jurisdiction once local revocation occurs. 27 Bus. & Prof. Code § 26200 (b). 28 Bus. & Prof. Code § 23202(a). 29 Bus. & Prof. Code § 19320(b). 3o Bus. & Prof. Code § 19322(a). 31 Bus. & Prof. Code § 26056. 32 Bus. & Prof. Code § 26055(e). 33 Bus. & Prof. Code § 19320(d). 34 Bus. & Prof. Code § 26200(c). 294 of 554 C. Personal, Indoor Cultivation Under the MMRSA, local governments possess the power to regulate and completely ban personal, indoor cultivation.35 Under the AUMA local governments can "reasonably regulate" indoor cultivation of up to six marijuana plants for personal use, but cannot ban it.36 D. Personal Outdoor Cultivation Under the MMRSA local governments can prohibit all outdoor cultivation. Under the AUMA local governments can prohibit all outdoor cultivation, until such time as the Attorney General determines that the use of nonmedical marijuana is lawful in the State of California under federal law.37 Upon such determination, the AUMA purports to repeal all local bans on outdoor cultivation.38 E. Amendment Any portion of the MMRSA can be amended at any time, if there is sufficient political support within the Legislature for making substantive changes to the regulatory structure. Under some circumstances, an amendment to the MMRSA by the Legislature might arguably violate The Compassionate Use Act of 1996 (adopted by the voters as Proposition 215), which decriminalized the personal use of medical marijuana.33 Under the AUMA, the Legislature may amend Sections 5 (relating to the use of medical marijuana for medical purposes) and 6 (relating to state licensing) and the provisions relating to penalties by majority vote. The Legislature may amend any other provision of the Act by a 2/3 vote. Any amendment must further the purposes and intent of the AUMA. The purpose and intent of the Act include allowing local governments to ban nonmedical marijuana businesses. F. Taxation The AUMA imposes new state taxes on medical and nonmedical marijuana in the following manner: • Effective January 1, 2018, the AUMA imposes an excise tax at the rate of 15% of gross retail sales receipts.4a o This tax will be in addition to existing state and local sales tax.41 Given that state and local sales taxes can range from 7-10%, the combined excise tax + sales tax at the retail level could approach 25%; 35 Health & Saf, Code § 11362.777(g); Maral v. City of Live Oak (2013) 221 Ca1.App.4th 975, 984; Kirby v. County of Fresno (2015) 242 Cal.App.4th 940, 969-970. 36 Bus. & Prof. Code § 11362.2(b)(1). 37 Bus, & Prof, Code § 11362.2(6)(4). 35 Bus, & Prof. Code § 11362.2(6)(4). 39 Health & Saf. Code § 11362.5. 40 Rev. & Tax Code § 34011(a). 5 295 of 554 • Effective January 1, 2018, the AUMA imposes a separate cultivation tax on all harvested marijuana as follows:42 o $9.25 per dry -weight ounce on all marijuana flowers; o $2.75 per dry -weight ounce on all marijuana leaves; • The AUMA prohibits imposition of state and local sales taxes on medical marijuana.43 • The AUMA exempts marijuana cultivated for personal use from taxation.44 The AUMA does not pre-empt local taxation.45 However, the AUMA's estimated cumulative tax rate of nearly 35% on the purchase of nonmedical marijuana has potentially troubling implications for local governments. A high state tax rate by itself may depress sales and stimulate the black market. Any local taxation of marijuana should be governed by an awareness that a high retail sales tax rate, unposed on an industry that, until recently, has not been regulated at all, might stimulate black market activity and compromise the anticipated yield of revenue. In order to avoid such a result, cities might consider imposing an excise tax on discrete commercial nonmedical marijuana activities rather than on retail sales. New taxes on marijuana require compliance with Proposition 218. 1. Allocation of State Tax Revenues After repaying certain state agencies for marijuana regulatory costs not covered by license fees, and making certain grants to universities for research and development and the Governor's Office of Business and Economic Development, the AUMA distributes the remaining tax revenue as follows: • 60% for youth programs, substance abuse education, prevention and treatment; • 20% for environmental cleanup and remediation; and • 20% for state and local programs that reduce DUI and grant programs designed to reduce negative health impacts resulting from marijuana legalization G. Deliveries Under the MMRSA, medical marijuana deliveries can only be made from a state -licensed dispensary in a city, county, or city and county that does not explicitly prohibit it by local ordinance.46 A delivery person must carry a copy of the dispensary's state -issued license, a government ID, and a copy of the delivery request.47 The patient or caregiver requesting the delivery must also maintain a copy of the delivery request.48 Dispensaries and delivery people who comply with MMRSA are immune from prosecution for marijuana transportation. 9 41 Rev. & Tax Code § 34011(d). 42 Rev. & Tax Code § 34012. 43 Rev. & Tax Code § 34011(g). 44 Rev. & Tax Code § 34012(j). 45 Rev. & Tax Code § 34021. 46 Bus. & Prof. Code § 19340(a). 47 Bus. & Prof Code §§ 19340(b)(2), 19340(d). 48 Bus. & Prof. Code § 19340(e). 49 Bus. & Prof. Code § 19317(f). 296 of 554 Under the AUMA, deliveries can be made by a state -licensed retailer, microbusiness, or nonprofit unless they are prohibited by local ordinance.5° Although the AUMA does require a customer requesting delivery to maintain a copy of the delivery request, there is no express requirement that delivery people carry or maintain any records.S1 Moreover, unlike the MMRSA, the AUMA does not require that deliveries come from a dispensary. Instead, it states that "Deliveries, as defined in this division, may only be made by a licensed retailer or microbusiness, or a licensed nonprofit under Section 26070.5."52 Thus, there is at least some question regarding whether deliveries may be made from non -retail locations by retail employees. Under both the MMRSA and the AUMA, local jurisdictions can ban or regulate deliveries within their borders.53 However, local jurisdictions cannot prevent a delivery service from using public roads to simply pass through its jurisdiction from a licensed dispensary to a delivery location outside of its boundaries.54 III. Local Regulatory Options55 The AUMA preserves the authority of a city to adopt business regulations and land use regulations for nonmedical marijuana activities.56 A. Personal Marijuana Cultivation Under the AUMA local governments can regulate or ban all personal, outdoor cultivation, until such time as the Attorney General determines that the use of nonmedical marijuana is lawful in the State of California under federal law. In addition, local governments can "reasonably regulate," but cannot ban, personal, indoor cultivation. Nothing in the AUMA requires a city to enact an ordinance or regulation by a certain date. However, assuming that the AUMA passes, if a city does not have a ban or regulatory scheme governing personal, outdoor cultivation or a regulatory scheme governing personal, indoor cultivation in place before November 9, 2016, a person may legally engage in personal cultivation of up to six marijuana plants at his or her private residence. 5a Bus. & Prof. Code §26090(a). 51 Bus. & Prof. Code §26090(b). 52 Bus. & Prof. Code § 26090(a). 53 Bus. & Prof. Code §§ 19340(a), 19316(a), 26200. 54 Bus. & Prof. Code §§ 19340(f), 26080(b), 26090(c). 55 For a thorough discussion of the various marijuana regulatory options that a city may consider, see McEwen, Medical Marijuana -Revisited After New State Laws (Spring 2016) <http://www.cacities.org/Resources- D o cuments/Memb er-Engagement/Pro fessional-Departments/City-Attorneys/Library/2 016/Spring-2016/5-2016- Spring-Medical-Marijuana-%E2%80%93-Revisited-After>. In addition, sample ordinances may be found on the League's website, at: http://www.cacities.org/Policy-Advocacy/Hot-Issues/Medical-Marijuana. But note: the regulatory schemes discussed in the McEwen paper and posted on the League's website pertain to medical marijuana businesses under the MMRSA and may need to be modified to comply with the requirements of the AUMA. 56 Health & Safi Code § 11362.2; Bus. & Prof. Code §§ 26201, 26200(a). 7 297 of 554 B. Nonmedical Marijuana Businesses The AUMA recognizes a range of businesses, including dispensaries, cultivators, manufacturers, distributors, transporters, and testing laboratories. Cities may expressly ban, adopt business regulations, or adopt land use regulations pertaining to any or all of these businesses. Again, the AUMA does not require a city to enact a regulatory scheme or ban by a certain date. However, assuming that the AUMA passes in November, if a city wishes to regulate or ban marijuana businesses before marijuana businesses may legally operate within the city, the regulations or ban will need to take effect before the state begins issuing nonmedical marijuana business licenses. The League anticipates that cities have until January 1, 2018 to enact bans or regulations relating to nonmedical marijuana businesses, because: (1) nonmedical marijuana businesses cannot operate in any city without a state license;57 (2) the state licensing agencies in charge of implementing the AUMA have stated that they anticipate that they will not begin issuing licenses under the MMRSA until January 2018, and it is unlikely that said agencies will be able to begin issuing licenses under the AUMA before they begin issuing Licenses under the MMRSA; and (3) the AUMA does not require state agencies to issue licenses until January 1, 2018.58 It is not the League's position that state licensing agencies cannot issue licenses before January 1, 2018, just that it is unlikely that they will do so. C. Caution Against Use of Permissive Zoning Under a permissive zoning code, any use not enumerated in the code is presumptively prohibited, unless an authorized city official finds that the proposed use is substantially the same in character and intensity as those land uses listed in the code.59 Although the MMRSA upheld a city's authority to rely on permissive zoning to prohibit medical marijuana land uses, it is unlikely that cities will succeed in arguing that nonmedical marijuana land uses are prohibited by permissive zoning under the AUMA. This is so because: (1) the statutory language in the AUMA regarding local control seems to anticipate that a city will adopt an ordinance explicitly prohibiting and/or regulating nonmedical marijuana businesses (rather than relying on the silence of its Code to argue for a prohibited use);C° (2) the AUMA does not contain the same protective language as the 57 Bus. & Prof. Code § 26038. 5a Bus. & Prof. Code § 26012 (c). 59 See City of Corona v. Naulls (2008) 166 Cal.App.4th 418, 433-436. See also County of Los Angeles v. Hi11(2011) 192 Cal.App.4th 861, 871 [holding that "medical marijuana dispensaries and pharmacies are not `similarly situated' for public health and safety purposes"]; City of Monterey v. Carrnshimba (2013) 215 Ca1.App.4th 1068, 1091 [holding that a medical marijuana dispensary was not substantially similar to the listed commercial use classifications for personal services, retail sales, pharmacies and medical supplies] ; County of Tulare v. Nunes (2013) 215 Cal.App.4th 1188, 1205 [holding that a medical marijuana collective did not qualify as an "agricultural" land use because "marijuana is a controlled substance and is not treated as a mere crop or horticultural product under the law"]. 6° Bus. & Prof Code § 26200 ["Nothing in this division shall be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related 8 298 of 554 MMRSA with respect to permissive zoning;61 and (3) the AUMA explicitly designates nonmedical marijuana as an agricultural product —thus if a city's permissive zoning code authorizes agricultural uses, the city may be precluded from arguing that marijuana is prohibited.62 Therefore, cities that wish to ban all or some nonmedical marijuana activities should adopt express prohibitions, even if they operate under a permissive zoning code. IV. What actions need to be taken? At this time city officials should: (1) review the city's municipal code; (2) consider whether they wish to regulate the personal cultivation of nonmedical marijuana indoors; (3) consider whether they wish to regulate or ban the personal cultivation of nonmedical marijuana outdoors; (4) consider whether they wish to enact business regulations of nonmedical marijuana businesses; (5) consider whether they wish to enact land use regulations of nonmedical marijuana businesses; (6) consider whether they wish to enact local taxes on marijuana; and (7) comply with Proposition 218 if they decide to enact local taxes on marijuana. Cities should prioritize considering or enacting ordinances regulating personal nonmedical marijuana cultivation, because it will be legal under state law on November 9, 2016 if the AUMA passes, whereas nonmedical marijuana businesses will not be able to operate lawfully until the state licensing system becomes operational (likely in late 2017). Although cultivation for personal use will be legal as of November 9, 2016 if the AUMA is approved by voters, local governments will not lose any regulatory authority if they do not have an ordinance in place addressing personal cultivation before the election. Locals will retain the ability to regulate personal cultivation and to enact related ordinances at any time after the election. The only change the AUMA will make in this area is to prohibit local bans of indoor cultivation for personal use. No ordinance enacted prior to the election can prevent this change in the law. to reducing exposure to second hand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction."] (emphasis added). 61 Compare Health & Safi Code § 11362.777(b)(3) [a "person or entity shall not submit an application for a state license ... if the proposed cultivation of marijuana will violate the provisions of any local ordinance or regulation, or if medical marijuana is prohibited by the city, county, or city and county in which the cultivation is proposed to occur, either expressly or otherwise under principles of permissive zoning"] with Bus. & Prof Code § 26205(e) ["Licensing authorities shall not approve an application for a state license under this division if approval of the state license will violate the provisions of any local ordinance or regulation adopted in accordance with Section 26200."]. G2 Bus. & Prof. Code § 26067(a). 299 of 554 ADULT USE OF MARIJUANA ACT (AUMA) PROVISIONS DIRECTLY AFFECTING CITY AUTHORITY PERSONAL USE NON -MEDICAL and MEDICAL Possession of no more than 28.5 grams of marijuana or 8 grams of marijuana products Cities cannot prohibit or regulate' Cultivation of 6 plants Cities can prohibit OUTDOOR cultivation; Cannot prohibit INDOOR cultivation but can reasonably regulate2 No Smoking Where smoking tobacco prohibited; within 1,000 feet of school, day care center, or youth center; driving automobile or boat; possess on school grounds, day care center, youth center3 City Facilities May prohibit possession and smoking in building owned, leased, or occupied by city4 City as Employer May maintain a drug and alcohol free workplace and not required to permit or accommodate the use, consumption, possession, transfer, transportation, sale, display, or growth of marijuana in the workplaces BUSINESS (COMMERCIAL CANNABIS) REGULATIONS6 NON -MEDICAL MEDICAL Local Land Use Regulation May prohibit or regulate variety of land uses7 May prohibit or regulate variety of land uses (see fn. 6) Local BansfRegulationlLicensing May prohibit or regulate activities licensed by state (see fn. 6) May prohibit or regulate activities licensed by state (see fn. 6)8 Person can't submit application for state license unless has received license, permit, or authorization from local government9 Local Regulation of Delivery May prohibit or regulate but can't prohibit use of city streets10 Must explicitly prohibit" Local Environmental; Health; Safety; Testing; Security Cities may adopt stricter standards than state minimum standards12 TAXATIONt3 NON -MEDICAL MEDICAL State /Local: Sales Tax YES NO14 Other Local Taxes15 YES YES State excise tax (15%) on purchasers; shared with public safety agencies. YES YES May 23, 2016 300 of 554 State cultivation tax ($9.25 per dry - weight ounce of flowers; $2.75 per dry -weight ounce of leaves); shared with public safety agencies. YES YES 1 H&S 11362.1(a) 2 H&S 11362.2(b). AUMA requires marijuana produced by plants in excess of 28.5 grams to be kept within private residence in a locked space that is not visible from a public place. 3 H&S 11362.3. Smoking of marijuana is prohibited in all of these locations. 4 H&S 11362.45(g) s H&S 11362.45(f) 6 The AUMA establishes a licensing scheme for nonmedical marijuana businesses (B&P 26000 and following). Existing law (B&P §19320 and following) establish a licensing scheme for medical marijuana businesses. Businesses covered are delivery, transportation, manufacture, cultivation, retailer, distributor and testing service. B&P 26200 'EXCEPTION: Cities must explicitly prohibit delivery (B&P 19340(b)(1)) 9 B&P 19322 to EXCEPTION: Cities may not prohibit use of public streets for delivery (H&S 26090(c)) 11 B&P 19340(b)(1) 12 B&P 19316; 26201 13 The AUMA imposes an excise tax on the purchase of marijuana and a cultivation tax on the cultivation of marijuana. l4 R&T 34011(d) is R&T 34021 May 23, 2016 301 of 554 THE LEGALIZATION OF MARIJUANA IN COLORADO THE IMPACT r • o )7) 302 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 PREPARED BY: INTELLIGENCE ANALYST KEVIN WONG INTELLIGENCE ANALYST CHELSEY CLARKE 303 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3.1September 2015 Acknowledgements Thank you to all who provided case examples and information for the "related materials" sections of this report. Also, thanks to all the agencies that were so cooperative in providing data used in this report; specifically: • El Paso Intelligence Center • National Highway Traffic Safety Administration • National Center for Natural Products Research • Substance Abuse and Mental Health Services Administration • United States Custom and Border Protection • United States Postal Inspection Service • Colorado Bureau of Investigation • Colorado Department of Education • Colorado Department of Human Services, Office of Behavioral Health • Colorado Department of Public Health and Environment • Colorado Department of Transportation • Colorado Office of State Planning and Budgeting • Colorado State Patrol • Colorado Violent Death Reporting System • Colorado Department of Revenue • Marijuana Enforcement Division • Rocky Mountain Poison and Drug Center • State of Colorado Judicial Branch, Division of Probation Services • University of Colorado Hospital - Burn Trauma Unit • Aurora Police Department • Boulder Police Department • City and County of Denver • Denver Epidemiology Working Group • Denver Police Department • Lorimer County Sheriff's Office • Arapahoe House Public Communications Office • ChemaTox Laboratory • Colorado Association of School Resource Officers • Colorado Children's Hospital • Colorado Hospital Association • Colorado School Counselors Association • McDonalds Corporate Office • Starbucks Coffee Company Corporate Office • The Salvation Army Acknowledgements P14 304 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 THIS PAGE INTENTIONALLY LEFT BLANK 305 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Table of Contents Acknowledgements Executive Summary 1 Introduction 7 Purpose 7 The Debate 7 Background g Preface g Colorado's History with Marijuana Legalization 9 Early Medical Marijuana 2000-2008 9 Medical Marijuana Commercialization and Expansion 2009-Present 9 Recreational Marijuana 2013-Present 11 SECTION 1: Impaired Driving 13 Introduction 13 Definitions 13 Some Findings 14 Data for Traffic Deaths 15 Total Number of Statewide Traffic Deaths 16 Marijuana -Related Traffic Deaths 16 Average Number of Traffic Deaths Related to Marijuana 17 Traffic Deaths Related to Marijuana 17 Percent of All Traffic Deaths That Were Marijuana Related 18 Operators Testing Positive for Marijuana 18 Average Number of Operators Testing Positive for Marijuana 19 Percent of Operators Tested Who Were Positive for Marijuana 19 Drug Combinations for Operators Testing Positive for Marijuana 20 Data for Impaired Driving 20 Trends in Cannabinoid Screens & THC Confirmations in Colorado 2009-2014 21 Number of Cannabinoid Screens 22 Number of Positive Cannabinoid Screens 22 Number of Positive Cannabinoid Screens with Active THC 23 Colorado State Patrol Number of DUIDs, 2014 24 Denver Police Department Number of DUIDs Involving Marijuana 25 Aurora Police Department Number of DUIDs, 2014 25 Table of Contents 306 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Larimer County Sheriff's Office Percent of DUIDs Involving Marijuana 26 Number of DUI Admissions to Arapahoe House with Marijuana as a Self -Reported Drug of Choice 26 Total Number of Accidents in Colorado 27 Related Costs 27 Drug Recognition Experts 28 Case Examples and Related Material 28 Sources 32 SECTION 2: Youth Marijuana Use 35 Introduction 35 Some Findings 35 Data 37 Colorado Average Past Month Use of Marijuana Ages 12 to 17 Years Old 37 Youth (Ages 12 to 17 Years Old) Past Month Marijuana Use National vs. Colorado 37 Prevalence of Past 30-Day Marijuana. Use, 12 to 17 Years Old, 2006-2012 (U.S., Denver Metro and Colorado) 38 National Average Past Month Use by 12 to 17 Years Old, 2013 38 State by State Past Month Usage by 12 to 17 Years Old, 2013 39 Top and Bottom States for Past Month Marijuana Use Youth (12 to 17 Years Old), 2013 40 Drug -Related Suspensions/Expulsions 40 Average Drug -Related Suspensions/Expulsions 41 Percentage of Total Suspensions in Colorado from 2004-2014 School Years 42 Percentage of Total Expulsions in Colorado from 2004-2014 School Years 42 Percentage of Total Referrals to Law Enforcement in Colorado from 2004-2014 School Years 43 Colorado Probation Average Percent Positive THC Urinalyses Ages 12 to 17 Years Old 43 Colorado School Resource Officer Survey 44 Predominant Marijuana Violations, 2015 44 Student Marijuana Source, 2015 45 Some Comments from School Resource Officers 45 School Counselor Survey 46 Predominant Marijuana Violations, 2015 47 Student Marijuana Source, 2015 48 Some Comments from School Counselors 48 Youth Use Surveys Not Utilized and Why 52 Youth Risk Behavior Survey (YRBS) 52 Monitoring the Future (MTF) Study 52 Healthy Kids Colorado Survey (HKCS) 53 Related Material 53 Table of Contents ii 307 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Sources 58 SECTION 3: Adult Marijuana Use 61 Introduction 61 Some Findings 62 Data ... _ 63 College Age (18 to 25 Years Old) 63 Average Past Month Use of Marijuana College Age 63 College Age Past Month Marijuana Use (National vs. Colorado) 64 Prevalence of Past 30-Day Marijuana Use 2006-2012 (United States, Denver Metro and Colorado) 64 States for Past Month Marijuana Use College -Age, 2013 65 State of Colorado Probation Number of Positive THC Urinalyses 65 Adults (26+ Years Old) 66 Average Past Month Use of Marijuana 66 Adult Past Month Marijuana Use (National vs. Colorado) 66 Prevalence of Past 30-Day Marijuana Use, 2006-2012, (United States, Denver Metro and Colorado) 67 States for Past Month Marijuana Use Adults, 2013 67 State of Colorado Probation Number of Positive THC Urinalyses 68 Colorado Adult Marijuana Use Demographics 68 Related Material 69 Sources 72 SECTION 4: Emergency Room and Hospital Marijuana -Related Admissions 75 Introduction 75 Some Findings 75 Definitions 77 Data 77 Marijuana -Related Emergency Room Visits 77 Colorado Emergency Department Rates that are Likely Related to Marijuana 78 Colorado Emergency Department Rates that Could be Related to Marijuana 79 Emergency Department Rates Per 100,000 Marijuana -Related, 2011-2013, Colorado and Deriver 80 Hospitalizations Related to Marijuana 81 Average Marijuana -Related Hospitalizations 81 Colorado Hospitalization Rates that are Likely Related to Marijuana 82 Colorado Hospitalization Rates that Could be Related to Marijuana 83 Hospital Discharge Rates Per 100,000 Marijuana Related, 2007-2013, Colorado and Denver 84 Table of Contents iii 308 of 554 The Legalization of Marijuana in Colorado: The Impact 'Vol. 3/September 2015 Marijuana Ingestion Among Children Under 12 Years -of -Age 85 Cost 85 Related Material S5 Sources 87 SECTION 5: Marijuana -Related Exposure 89 Introduction 89 Some Findings 89 Data 91 All Ages, Average Number of Marijuana -Related Exposures 91 Number of Exposures Reported for Marijuana Only 91 Number of Marijuana -Related Exposures, by Age Range 92 Youth Ages 6 to 17 Years Old, Average Number of Marijuana -Related Exposures 92 Children Ages 0 to 5 Years Old, Average Number of Marijuana -Related Exposures 93 Marijuana -Related Exposures Children Ages 0 to 5 Years Old 93 Average Percent of All Marijuana -Related Exposures, Ages 0 to 5 Years Old, National vs. Colorado 94 Related Material 94 Sources 95 SECTION 6: Treatment 97 Introduction 97 Some Findings 97 Data 98 Treatment with Marijuana as Primary Substance of Abuse, All Ages 98 Drug Type for Treatment Admissions, All Ages 99 Percent of Marijuana Treatment Admissions by Age Group 99 Marijuana Treatment Admissions Based on Criminal Justice Referrals 100 Sources 100 SECTION 7: Diversion of Colorado Marijuana 101 Introduction 101 Definitions 102 Some Findings 102 Data 103 Colorado Marijuana Interdiction Seizures 103 Average Pounds of Colorado Marijuana from Interdiction Seizures 104 States to Which Colorado Marijuana Was Destined (2014) 105 Top Three Cities for Marijuana Origin 105 A Few Examples of Interdictions 105 Table of Contents iv 309 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 A Few Examples of Investigations 111 A Few Examples of Diversion Involving Youth 116 Some Examples from School Resource Officers 117 Some Examples from School Counselors 118 Comments 118 Sources 119 SECTION 8: Diversion by Parcel 123 Introduction 123 Some Findings 123 Data 124 Parcels Containing Marijuana Mailed from Colorado to Another State 124 Pounds of Colorado Marijuana Seized by the U.S. Postal Inspection Service 125 Number of States Destined to Receive Marijuana Mailed from Colorado 125 A Few Parcel Examples 127 Sources 130 SECTION 9: THC Extraction Labs 133 Introduction 133 Some Findings 134 Data 134 THC Extraction Lab Explosions 134 THC Extraction Lab Explosion Injuries 135 University of Colorado Hospital THC Extraction Lab Self -Admitted Burn Victims 135 Sources 136 SECTION 10: Related Data 137 Topics 137 Crime 137 Colorado Crime 138 All Reported Crime in Denver 138 City and County of Denver Crime 139 Total Marijuana -Related Crime for Denver City and County 139 Marijuana -Related Crime for Denver City and County (Industry and Non -Industry) 140 Denver Police Department Unlawful Public Display/Consumption of Marijuana 141 Boulder Police Department Marijuana Public Consumption Citations 141 Revenue 142 Total Revenue from Marijuana Taxes, Calendar Year 2014 142 Colorado's Total General Fund Revenue, FY 2015 143 Table of Contents 310 of 554 The Legalization of Marijuana in Colorado: The Impact Vol, 3/September 2015 Some Costs Related to Marijuana Revenue for the State of Colorado, FY 2015/16 144 Articles 144 Homeless 146 Total Overnight Beds Provided, January Through June 146 Related Material 146 Suicide Data 148 Average Toxicology of Suicides Among Adolescents Ages 10 to 19 Years Old, 2009-2013 149 Average Toxicology Results by Age Group Colorado, 2009-2013 149 Environmental Impact 149 THC Potency 151 Potency Monitoring Program — Average THC Percent DEA-Submitted Cannabis Samples 1995-2013 (National) 151 Potency Monitoring Program — Average THC Percent All Submitted Hash Oil Samples 1995-2013 (National) 152 Marijuana Use and Alcohol Consumption 153 Colorado Average Consumption of Alcohol in Gallons, Per Calendar Year 153 Medical Marijuana Registry 153 Medical Marijuana Registry Identification Cards 153 Profile of Colorado Medical Marijuana Cardholders 154 Percent of Medical Marijuana Patients Based on Reporting Condition 154 Colorado Licensed Marijuana Businesses as of January 2015 154 Business Comparisons, January 2015 155 Colorado Business Comparisons, January 2015 155 Denver Business Comparisons, January 2015 156 Demand and Market Size 156 2014 Reported Sales of Marijuana in Colorado 157 2014 Price of Marijuana 157 Local Response to the Medical and Recreational Marijuana Industry in Colorado 158 Polling 158 Lawsuits 159 Other Issues 160 Sources 161 SECTION 11: Reference Material 165 Reports 165 Articles 167 Table of Contents vi 311 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Executive Summary Purpose Rocky Mountain High Intensity Drug Trafficking Area (RMHIDTA) is tracking the impact of marijuana legalization in the state of Colorado. This report will utilize, whenever possible, a comparison of three different eras in Colorado's legalization history: • 2006 - 2008: Early medical marijuana era • 2009 - Present: Medical marijuana commercialization and expansion era • 2013 - Present: Recreational marijuana era Rocky Mountain HIDTA will collect and report comparative data in a variety of areas, including but not limited to: • Impaired driving • Youth marijuana use • Adult marijuana use • Emergency room admissions • Marijuana -related exposure cases • Diversion of Colorado marijuana This is the third annual report on the impact of legalized marijuana in Colorado. It is divided into eleven sections, each providing information on the impact of marijuana legalization. The sections are as follows: Section 1- Impaired Driving: • In 2014, when retail marijuana businesses began operating, there was a 32 percent increase in marijuana -related traffic deaths in just one year from 2013. • Colorado marijuana -related traffic deaths increased 92 percent from 2010 - 2014. During the same time period all traffic deaths only increased 8 percent. Executive Summary Page 1 1 312 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 • Marijuana -related traffic deaths were approximately 20 percent of all traffic deaths in 2014 compared to half that (10 percent) just five years ago. • In 2014, when retail marijuana businesses began operating, toxicology reports with positive marijuana results of active THC results for primarily driving under the influence have increased 45 percent in just one year. Section 2 - Youth Marijuana Use: • In 2013,11.16 percent of Colorado youth ages 12 to 17 years old were considered current marijuana users compared to 7.15 percent nationally. Colorado ranked 3rd in the nation and was 56 percent higher than the national average. • Drug -related suspensions/expulsions increased 40 percent from school years 2008/2009 to 2013/2014. The vast majority were for marijuana violations. • Positive THC urinalyses tests, for probationers ages 12 to 17 years old, increased 20 percent since marijuana was legalized in 2013. • A 2015 survey of school resource officers and school counselors revealed similar results about increased school marijuana issues since the legalization of recreational marijuana. Section 3 - Adult Marijuana Use: • In 2013, 29 percent of college age students (ages 18 to 25 years old) were considered current marijuana users compared to 18.91 percent nationally. Colorado, ranked 2nd in the nation, was 54 percent higher than the national average. • In 2013,10.13 percent of adults ages 26 years old and over were considered current marijuana users compared to 5.45 percent nationally. Colorado, ranked 5th in the nation, was 86 percent higher than the national average. • Positive THC urinalyses tests, for probationers age 18 to 25 and 26+ years old, increased 49 and 87 percent respectively since marijuana was legalized in 2013. Executive Summary Page 12 313 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Section 4 - Emergency Room Marijuana and Hospital Marijuana -Related Admissions: • In 2014, when retail marijuana businesses began operating, there was a 29 percent increase in the number of marijuana -related emergency room visits in only one year. • In 2014, when retail marijuana businesses began operating, there was a 38 percent increase in the number of marijuana -related hospitalizations in only one year. • In the three years after medical marijuana was commercialized, compared to the three years prior, there was a 46 percent increase in hospitalizations related to marijuana. • Children's Hospital Colorado reported 2 marijuana ingestions among children under 12 in 2009 compared to 16 in 2014. Section 5 - Marijuana -Related Exposure: • In 2014, when retail marijuana businesses began operating, marijuana -only related exposures increased 72 percent in only one year. • In the years medical marijuana was commercialized (2009 - 2012), marijuana - related exposures averaged a 42 percent increase from pre -commercialization years (2006 - 2008) average. • During the years 2013 - 2014, the average number of all age exposures was 175 per year. Exposures have doubled since marijuana was legalized in Colorado. • Young children (ages 0 to 5) marijuana -related exposures in Colorado: o During the years 2013 - 2014, the average number of children exposed was 31 per year. ■ This is a 138 percent increase from the medical marijuana commercialization years (2009 - 2012) average which was a 225 percent increase from pre -commercialization years (2006 - 2008). Executive Summary Page 1 3 314of554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Section 6 - Treatment: • Over the last ten years, the top three drugs involved in treatment admissions, in descending order, were alcohol (average 12,943), marijuana (average 6,491) and methamphetamine (average 5,044). • Marijuana treatment data from Colorado in years 2005 - 2014 does not appear to demonstrate a definite trend. Colorado averages approximately 6,500 treatment admissions annual for marijuana abuse. Section 7 - Diversion of Colorado Marijuana: • During 2009 - 2012, when medical marijuana was commercialized, the yearly average number interdiction seizures of Colorado marijuana increased 365 percent from 52 to 242 per year. • During 2013 - 2014, when recreational marijuana was legalized, the yearly average interdiction seizures of Colorado marijuana increased another 34 percent from 242 to 324. • The average pounds of Colorado marijuana seized, destined for 36 other states, increased 33 percent from 2005 - 2008 compared to 2009 - 2014. Section 8 - Diversion by Parcel: • U.S. mail parcel interceptions of Colorado marijuana, destined for 38 other states, increased 2,033 percent from 2010 - 2014. • Pounds of Colorado marijuana seized in the U.S. mail, destined for 38 other states, increased 722 percent from 2010 - 2014. • From 2006 - 2008, compared to 2013 - 2014, the average number of seized parcels containing Colorado marijuana, that were destined outside the United States, increased over 7,750 percent and pounds of marijuana seized in those parcels increased over 1,079 percent. Executive Summary Page 14 315 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Section 9 - THC Extraction Labs: • In 2013, there were 12 THC extraction lab explosions compared to 32 in 2014. • In 2013, there were 18 injuries from THC extraction lab explosions compared to 30 in 2014. Section 10 - Related Data: • Overall, crime in Denver increased 12.3 percent from 2012 to 2014. • Colorado annual tax revenue from the sale of recreational marijuana was 52.5 million (CY2014) or about 0.7 percent of total general fund revenue (FY2015). • The majority of cities and counties in Colorado have banned recreational marijuana businesses. • National THC potency has risen from an average of 3.96 percent in 1995 to an average of 12.55 percent in 2013. The average potency in Colorado was 17.1 percent. • Homelessness increased with the appeal of legal marijuana being a factor. • Denver has more licensed medical marijuana centers (198) than pharmacies (117). Section 11- Related Material: • This section lists various studies and reports. There is much more data in each of the eleven sections, which can be used as a standalone document. All of the sections are on the Rocky Mountain HIDTA website and can be printed individually; go to www.rrnhidta.org/Reports. Executive Summary Page 15 316 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 THIS PAGE INTENTIONALLY LEFT BLANK Page 1 6 317 of 554 The Legalization of Marijuana in Colorado: The Impact Vol, 3/September 2015 Introductjon Purpose The purpose of this report and future reports is to document the impact of the legalization of marijuana for medical and recreational use in Colorado. Colorado and Washington serve as experimental labs for the nation to determine the impact of legalizing marijuana. This is an important opportunity to gather and examine meaningful data and facts. Citizens and policymakers may want to delay any decisions on this important issue until there is sufficient and accurate data to make an informed decision. The Debate There is an ongoing debate in this country concerning the impact of legalizing marijuana. Those in favor argue that the benefits of removing prohibition far outweigh the potential negative consequences. Some of the benefits they cite include: • Eliminate arrests for possession and sale, resulting in fewer people with criminal records and a reduction in the prison population. • Free up law enforcement resources to target more serious and violent criminals. • Reduce traffic fatalities since users will switch from alcohol to marijuana, which does not impair driving to the same degree. • No increase in use, even among youth, because of tight regulations. • Added revenue generated through taxation. • Eliminate the black market. Those opposed to legalizing marijuana argue that the potential benefits of lifting prohibition pale in comparison to the adverse consequences. Some of the consequences they cite include: • Increase in marijuana use among youth and young adults. • Increase in marijuana -impaired driving fatalities. • Rise in number of marijuana -addicted users in treatment. Introduction Page 17 318 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 • Diversion of marijuana. • Adverse impact and cost of the physical and mental health damage caused by marijuana use. • The economic cost to society will far outweigh any potential revenue generated. Background The next several years should help determine which side is most accurate. A number of states have enacted varying degrees of legalized marijuana by permitting medical marijuana and four permitting recreational marijuana. In 2010, Colorado's legislature passed legislation that included the licensing of medical marijuana centers ("dispensaries"), cultivation operations and manufacturing of marijuana edibles for medical purposes. In November 2012, Colorado voters legalized recreational marijuana allowing individuals to use and possess an ounce of marijuana and grow up to six plants. The amendment also permits licensing marijuana retail stores, cultivation operations, marijuana edible factories and testing facilities. Washington voters passed a similar measure in 2012. Preface Volume 3 2015 will be formatted similar to Volume 2. It is important to note that, for purposes of the debate on legalizing marijuana in Colorado, there are three distinct timeframes to consider. Those are: the early medical marijuana era (2000 - 2008), the medical marijuana commercialization era (2009 - current) and the recreational marijuana era (2013 - current). • 2000-2008: In November 2000, Colorado voters passed Amendment 20 which permitted a qualifying patient, and/or caregiver of a patient, to possess up to 2 ounces of marijuana and grow 6 marijuana plants for medical purposes. During that time there were between 1,000 and 4,800 medical marijuana cardholders and no known dispensaries operating in the state. • 2009-Current: Beginning in 2009 due to a number of events, marijuana became de facto legalized through the commercialization of the medical marijuana industry. By the end of 2012, there were over 100,000 medical marijuana cardholders and 500 licensed dispensaries operating in Colorado. There were also licensed cultivation operations and edible manufacturers. Introduction Page 18 319 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 • 2013 - Current: In November 2012, Colorado voters passed Constitutional Amendment 64 which legalized marijuana for recreational purposes for anyone over the age of 21. The amendment also allowed for licensed marijuana retail stores, cultivation operations and edible manufacturers. Retail marijuana businesses became operational January 1, 2014. Colorado's History with Marijuana Legalization Early Medical Marijuana 2000 - 2008 In November 2000, Colorado voters passed Amendment 20 which permitted a qualifying patient and/or caregiver of a patient to possess up to 2 ounces of marijuana and grow 6 marijuana plants for medical purposes. Amendment 20 provided identification cards for individuals with a doctor's recommendation to use marijuana for a debilitating medical condition. The system was managed by the Colorado Department of Public Health and Environment (CDPHE), which issued identification cards to patients based on a doctor's recommendation. The department began accepting applications from patients in June 2001. From 2001- 2008, there were only 5,993 patient applications received and only 55 percent of those designated a primary caregiver. During that time, the average was three patients per caregiver and there were no known retail stores selling medical marijuana ("dispensaries"). Dispensaries were not an issue because CDPHE regulations limited a caregiver to no more than five patients. Medical Marijuana Commercialization and Expansion 2009 - Present In 2009, the dynamics surrounding medical marijuana in Colorado changed substantially. There were a number of factors that played a role in the explosion of the medical marijuana industry and number of patients: The first was a Denver District Judge who, in late 2007, ruled that CDPHE violated the state's open meeting requirement when setting a five -patient -to -one -caregiver ratio and overturned the rule. That opened the door for caregivers to claim an unlimited number of patients for whom they were providing and growing marijuana. Although this decision expanded the parameters, very few initially began operating medical Introduction Page 19 320 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3fSeptember 2015 marijuana commercial operations (dispensaries) in fear of prosecution, particularly from the federal government. The judge's ruling, and caregivers expanding their patient base, created significant problems for local prosecutors seeking a conviction for marijuana distribution by caregivers. Many jurisdictions ceased or limited filing those types of cases. At a press conference in Santa Ana, California on February 25, 2009, the U.S. Attorney General was asked whether raids in California on medical marijuana dispensaries would continue. He responded "No" and referenced the President's campaign promise related to medical marijuana. In mid -March 2009, the U.S. Attorney General clarified the position saying that the Department of Justice enforcement policy would be restricted to traffickers who falsely masqueraded as medical dispensaries and used medical marijuana laws as a shield. Beginning in the spring of 2009, Colorado experienced an explosion to over 20,000 new medical marijuana patient applications and the emergence of over 250 medical marijuana dispensaries (allowed to operate as "caregivers"). One dispensary owner claimed to be a primary caregiver to 1,200 patients. Government took little or no action against these commercial operations. In July 2009, the Colorado Board of Health, after hearings, failed to reinstate the five - patients -to -one -caregiver rule. On October 19, 2009, U.S. Deputy Attorney General David Ogden provided guidelines for U.S. Attorneys in states that enacted medical marijuana laws. The memo advised "Not focus federal resources in your state on individuals whose actions are in clear and unambiguous compliance with existing state law providing for the medical use of marijuana." By the end of 2009, new patient applications jumped from around 6,000 for the first seven years to an additional 38,000 in just one year. Actual cardholders went from 4,800 in 2008 to 41,000 in 2009. By mid-2010, there were over 900 unlicensed marijuana dispensaries identified by law enforcement. In 2010, law enforcement sought legislation to ban dispensaries and reinstate the one -to -five ratio of caregiver to patient as the model. However, in 2010 the Colorado Legislature passed HB-1284 which legalized medical marijuana centers (dispensaries), marijuana cultivation operations, and manufacturers for marijuana edible products. By Introduction Page 110 321 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 2012, there were 532 licensed dispensaries in Colorado and over 108,000 registered patients, 94 percent of who qualified for a card because of severe pain. Recreational Marijuana 2013 - Present In November of 2012, Colorado voters passed Amendment 64, which legalized marijuana for recreational use. Amendment 64 allows individuals 21 years or older to grow up to six plants, possess/use 1 ounce or less and furnish an ounce or less of marijuana if not for remuneration. Amendment 64 permits marijuana retail stores, marijuana cultivation sites, marijuana edible factories and marijuana testing sites. The first retail marijuana businesses were licensed and operational in January of 2014. Some individuals have established private cannabis clubs, formed co-ops for large marijuana grow operations, and/or supplied marijuana for no fee other than donations. What has been the impact of commercialized medical marijuana and legalized recreational marijuana on Colorado? Review the report and you decide. NOTE: • DATA, IF AVAILABLE, WILL COMPARE PRE- AND POST-2009 WHEN MEDICAL MARIJUANA BECAME COMMERCIALIZED AND AFTER 2013 WHEN RECREATIONAL MARIJUANA BECAME LEGALIZED. o MULTI -FEAR COMPARISONS ARE GENERALLY BETTER INDICATORS OF TREN DS. ONE-YEAR FLUCI`UATIONS DO NOT NECESSARILY REFLECT A NEW TREND. PERCENTAGE COMPARISONS MAY BE ROUNDED ro THE NEAREST WHOLE NUMBER • PERCENT CHANGES ADDED TO GRAPHS WERE CALCULATED AND ADDED BY ROCKY MOUNTAIN HIDTA. o THIS REPORT WILL CITE DATASEI S WITH TERMS SUCH AS "MARIJUANA -RELATED" OR "TESTED POSITIVE FOR MARIJUANA." THAT DOES NOT NECESSARILY PROVE THAT MARIJUANA WAS THE CAUSE OF THE INCIDENT. Introduction Page 111 322 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 THIS PAGE INTENTIONALLY LEFT BLANK Page 112 323 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 SECTION 1: Impaired Driving Introduction This section provides information on traffic deaths and impaired driving involving positive tests for marijuana. The data comparison, when available, will be from 2006 through 2014. The information compares the early medical marijuana era (2006 - 2008), the medical marijuana commercialization and expansion era (2009 - current) and the recreational marijuana era (2013 - current) in Colorado. • 2006 - 2008: There were between 1,000 and 4,800 medical marijuana cardholders and no known dispensaries operating in Colorado. • 2009 - Current: There were over 108,000 medical marijuana cardholders and 532 licensed dispensaries operating in Colorado by the end of 2012. See the introduction at the beginning of this report for more details on the commercialization and explosion of Colorado's medical marijuana trade. • 2013 to- Current: In November 2012, Colorado voters passed Constitutional Amendment 64 which Legalized marijuana for recreational purposes for anyone over 21 years of age. The amendment also allowed for licensed marijuana retail stores, cultivation operations and edibles manufacturing. Definitions DUID: Driving Under the Influence of Drugs (DUID) which can include alcohol in combination with drugs. This is an important measurement since the driver's ability to operate a vehicle was sufficiently impaired that it brought his or her driving to the attention of law enforcement. Not only the erratic driving but the subsequent evidence that the subject was under the influence of marijuana confirms the causation factor. SECTION 1: Impaired Driving Page 113 324 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Definitions in Reviewing Fatality Data: • Marijuana -Related: Also called "marijuana mentions/' is any time marijuana shows up in the toxicology report. It could be marijuana only or marijuana with other drugs and/or alcohol. • Marijuana Only: When toxicology results show marijuana and no other drugs or alcohol. • Fatalities: A death resulting from a traffic crash involving a motor vehicle. • Operators: Anyone in control of their own movements such as a driver, pedestrian or bicyclist. Some Findings • In 2014, when retail marijuana stores began operating, there was a 32 percent increase in marijuana -related traffic deaths in just one year. • Colorado marijuana -related traffic deaths increased 92 percent from 2010 - 2014. During the same time periods all traffic deaths only increased 8 percent respectively. • In 2009, Colorado marijuana -related traffic deaths involving operators testing positive for marijuana represented 10 percent of all traffic fatalities. By 2014, that number nearly doubled to 19.26 percent. • The average number of marijuana -related traffic deaths increased 41 percent in the two years recreational marijuana was legalized (2013 - 2014) compared to the medical marijuana commercialization years (2009 - 2012), which was 48 percent higher than pre -commercialization years (2006 - 2008). • Consistent with the past, in 2014 still only 47 percent of operators involved in traffic deaths were tested for drug impairment. Out of those who were tested, about 1 in 4 tested positive for marijuana. • The Colorado State Patrol DUID Program, started in 2014, indicated: o 77 percent (674) of the 874 DUIDs involved marijuana SECTION 1: Impaired Driving Page 114 325 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 a 41 percent (354) of the 874 DUIDs involved marijuana only • Denver Police Department DUIDs involving marijuana increased 100 percent from 2013 (33) to 2014 (66). • In 2014, when retail marijuana businesses began operating, toxicology reports with positive marijuana results of active THC primarily related to driving under the influence increased 45 percent in only one year. Data for Traffic Deaths NOTE: • THE DATA FOR 2012 THROUGH 2014 WAS OBTAINED FROM THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION'S FATALITY ANALYSIS REPORTING SYSTEM (FARS). COLLECTION AND ANALYSIS OF DATA WAS CONDUCTED BY ROCKY MOUNTAIN HIDTA AFTER CONTACTING ALL CORONER OFFICES AND LAW ENFORCEMENT AGENCIES INVOLVED WITH FATALITIES TO OBTAIN TOXICOLOGY REPORTS. THIS REPRESENTS 100 PERCENT REPORTING. PRIOR YEAR(S) MAY HAVE HAD LESS THAN 100 PERCENT REPORTING TO THE COLORADO DEPARTMENT OF TRANSPORTATION, AND SUBSEQUENTLY THE FATALITY ANALYSIS REPORTING SYSTEM (FARS). • 2014 FARS DATA WILL NOT BE OFFICIAL UNTIL TANUARY 2016, SECTION 1: Impaired Driving Page 1 15 326 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Number of Deaths 800 Total Number of Statewide Traffic Deaths 700 600 5 ---554----548- 500 465 447 472 400 300 MO WO o 481 488 2006 2007 2008 2009 2010 2011 2012 2013 2014 SOURCE: National Highway Traffic Safety Administration, Fatality Analysis Reporting System (FARS), 2006- 2013 and CDOT/RMHIDTA 2014 Crash Year Marijuana -Related Total Statewide Fatalities Traffic Deaths* Fatalities with Operators Testing Positive for Marijuana Percentage Total Fatalities (Marijuana) 2006 535 37 6.92% 2007 554 39 7.04% 2008 548 43 7.85% 2009 465 47 10.10% 2010 450 49 10.89% 2011 447 63 14.09% 2012 472 78 16.53% 2013 481 71 14.76% 2014 488 94 19.26% *Fatalities Involving Operators Testing Positive for Marijuana SOURCE: National Highway Traffic Safety Administration, Fatality Analysis Reporting System (FARS), 2006-- 2013 and CDOT/RMHIDTA 2014 SECTION 1: Impaired Driving Page I 16 P37 327 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Average Number 90 so 70 60 50 40 30 20 10 0 Average Number of Traffic Deaths Related to Marijuana * 2006-2008 2009-2012 Pre -Commercialization Post -Commercialization 2013-2014 Legalization *Average Ntunber of Fatalities when an Operator Tested Positive for Marijuana SOURCE: National Highway Traffic Safety Administration, Fatality Analysis Reporting System (FARS), 2006- 2013 and CDOT/RMHIDTA 2014 Numberof Deaths 100 90 -;-- 80 4- Traffic Deaths Related to Marijuana* 94 78 70+ 60 47 50 1- - - - 3 40 7 j--- 30 20 -1- Commercialization 10 ±- 0 , Legalization I T 2006 2007 2008 2009 2010 2011 2012 2013 2014 *Number of Fatalities Involving Operators Testing Positive for Marijuana SOURCE: National Highway Traffic Safety Administration, Fatality Analysis Reporting System (FARS), 2006- 2013 and CDOT/RMHIDTA 2014 SECTION 1: Impaired Driving Page 117 328 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Percent of Deaths 25.00% 20.00% 15.00% Percent of All Traffic Deaths That Were Marijuana Related* 10.00% T 6.92% 7.04% 5.00% 0.00% Commercialization 10.10% 10.89% -7.85% 2006 2007 2008 16.53% 14.09°I° 14.76°f 7- 2009 2010 2011 2012 19.26% Legalization *Percent of All Fatalities Where the Operators Tested Positive for Marijuana SOURCE: 2013 2014 National Highway Traffic Safety Administration, Fatality Analysis Reporting System (FARS), 2006- 2013 and CDOT/RMHIDTA 2014 Crash Year 2006 Operators Testing Positive for Marijuana* Total Operators Involved in Crashes 795 Operators in Fatal Crashes Testing Positive for Marijuana 32 Percentage of Total Operators Who Tested Positive for Marijuana 2007 866 34 2008 782 39 2009 718 46 2010 652 45 2011 648 57 2012 732 70 2013 702 63 4.03% 3.93% 4.99% 6.41% 6.90% 8.81% 9.56% 2014 765 87 Operators Involved in Fatalities Testing Positive for Marijuana SOURCE: National Highway Traffic Safety Administration, Fatality Analysis Reporting System (FARS), 2006- 2013 and RMHIDTA 2014 8.97% 11.37% ❖ Consistent with the past, in 2014 still only 47 percent of operators involved in traffic deaths were tested for drug impairment. SECTION 1: Impaired Driving Page 118 P39 329 of 554 The Legalization of Marijuana in Colorado: The Impact Average Nu tuber 80 70 60 50 40 30 20 10 0 Average Number of Operators Testing Positive for Marijuana 2013-2014 Pre-Commerdalization Post -Commercialization Legalization SOURCE: National Highway Traffic Safety Administration, Fatality Analysis Reporting System (FARS), 2006- 2013 and CDOTIRMHIDTA 2014 Vol. 3/September 2015 30.00% 25.00% E 20.00% 15.00% 2 ▪ 10.00% • 5.00% 0.00% i 1 2006-2008 2009-2012 Percent of Operators Tested Who Were Positive for Marijuana* i 24.03% Legalization 2006 2007 2008 2009 2010 2011 2012 2013 2014 *Percent of All Operators Tested for Drag Impairment SOURCE: National Highway Traffic Safety Administration, Fatality Analysis Reporting System (FARS), 2006- 2013 and CDOT/RMHIDTA 2014 SECTION 1: Impaired Driving Page 119 330 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Drug Combinations for Operators Positive for Marijuana* Marijuana and Other Drugs (No Alcohol) 15% Marijuana and Alcohol 37% Nor Marijuana, Other l)rugs and Alcohol 15% Mai ij uana ONLY 33% "Toxicology results for all substances present in individuals who tested positive for marijuana SOURCE: National Highway Traffic Safety Administration/Colorado Department of Transportation/Rocky Mountain HIDTA ❖ In 2014, of the operators who tested positive for marijuana, one out of three had only marijuana present in their system. Data for impaired Driving NOTE: THE NUMBER OF DUID ARRESTS IS NOT REFLECTIVE OF THE TOTAL NUMBER OF PEOPLE ARRESTED FOR DRIVING UNDER THE INFLUENCE WHO ARE INTOXICATED ON NON -ALCOHOL SUBSTANCES. IF SOMEONE IS DRIVING BOTH INTOXICATED ON ALCOHOL AND INTOXICATED ON ANY OTHER DRUG (INCLUDING MARIJUANA), ALCOHOL IS ALMOST ALWAYS THE ONLY INTOXICANT TESTED FOR. A DRIVER WHO TESTS OVER THE LEGAL LIMIT FOR ALCOHOL WILL BE CHARGED WITH DUI, EVEN IF HE OR SHE IS POSITIVE FOR OTHER DRUGS. HOWEVER, WHETHER OR NOT HE OR SHE IS POSITIVE FOR OTHER DRUGS WILL REMAIN UNKNOWN BECAUSE. OTHER DRUGS ARE NOT OFTEN TESTED FOR. SECTION 1: Impaired Driving Page 120 331 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 31September 2015 Trends in Cannabinoid Screens &THC Confirmations in Colorado 2009 - 2014 Canna bawd screens • P4s itiveScreens{%pos•ive oftotall am 3ee7 • Positive THC 2 ng/ml or higher. '2014 !KC 1 ngimt or higher, (% of lsao pos. screens with THC confirmed) Yin 15m axa e 1514 2809 I 52% 2009 58% 38% 11 2010 2011 4263 4323 2013 63% 4371 2014 csois.ficvn chrmsro. tebord ors vets mrr2re eritb doss sovvfieti br cdaiado oevorfincoi of Prb44 Heotthand Eneirameat-1oalyMgry taboralo,y for 2005.2013 'Co. la a drann in dia. coinason the ceetkesasko mbar far PodtimlHeMended from2. Ades'. • 2013) tat nafmt (26111• eased en. I* data It b eaKmated -1E% of pies wwrldlall betreen 1 ark 2 end rewttlegIn an estimated 47% Positive lHC ales abort 2 iseimt m201I. SOURCE: Sarah Urfer, M.S., D-ABFT-FT; ChemaTox Laboratory Explanation of ChemaTox Graphs '81% 1 The below three graphs are Rocky Mountain HIDTA's conversation of ChemaTox data into raw numbers. The first graph represents the total number of drug screens that were tested for cannabinoids. Of those screens tested, the second graph represents the number of cannabinoid positive screens. The third graph demonstrates, of those positive screens, how many were positive for active THC. SECTION 1: Impaired Driving Page 21 332 of 554 The Legalization of Marijuana in Colorado: The Impact Number of Screens 5,000 4,500 4,000 3,500 3,000 2500 2,000 1,500 1,000 500 0 Number of Cannabinoid Screens 2009 2010 SOURCE: Rocky Mountain HIDTA Number of Positive Screens 2011 2012 2013 Vol. 3/September 2015 2014 Number of Positive Cannabinoid Screens 2009 SOURCE: Rocky Mountain HIDTA 2010 2011 2012 2013 2014 SECTION 1: Impaired Driving Page 1 22 333 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Number of Screenswith ActiveTHC 2,500 2,000 1,500 1,000 500 Number of Positive Cannabinoid Screens with Active THC 2009 2010 2011 2012 2013 2014 ■ lng/rnL ■ 2ng/mL ''"Due to a change in data collection, the confirmation cutoff for Positive THC changed from2ng/mL (2009-2013) to 1 ng/mL (2014). Based on available dataitis estimated-18% of cases would fall between 1 and2ng/mL resulting in an estimated 67% Positive THC at or above 2 ng/mLin 2014."1 SOURCE: Rocky Mountain HIDTA NOTE: THE ABOVE GRAPHS INCLUDE DATA FROM CHEMATOX LABORATORY WHICH WAS MERGED WITH DATA SUPPLIED BY COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT - TOXICOLOGY LABORATORY. THE VAST MAJORITY OF THE SCREENS ARE DUID SUBMISSIONS FROM COLORADO LAW ENFORCEMENT. NOTE: COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT DISCONTINUED TESTING IN JULY 2013. SECTION 1: Impaired Driving Page 23 334 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 ual 0 E z 900 800 700 600 500 400 300 200 100 0 Colorado State Patrol Number of DUIDs, 2014 DUIDs Marijuana Only DUIDs Involving Marijuana Total Number of DUIDs SOURCE: Colorado State Patrol, CSP Citations for Drug Impairment by Drug Type, 2014 •:* 77 percent of total DUIDs involved marijuana •:+ 41 percent of total DUIDs involved marijuana only NOTE: "MARIJUANA CITATIONS DEFINED AS ANY CITATION WHERE CONTACT WAS CTTED FOR DRIVING UNDER THE INFLUENCE (DUI) OR DRIVING WHILE ABILITY IMPAIRED (DWAI) AND MARIJUANA INFORMATION WAS FILLED OUT ON TRAFFIC STOP FORM INDICATING MARIJUANA & ALCOHOL, MARIJUANA & OTHER CONTROLLED SUBSTANCES, OR MARIJUANA ONLY PRESENT BASED ON OFFICER OPINION ONLY (NO TOXICOLOGICAL CONFIRMATION)." - COLORADO STATE PATROL SECTION 1: Impaired Driving Page 124 P45 335 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Number of DUIDs 70 60 50 40 30 20 10 0 Denver Police Department Number of DUIDs Involving Marijuana 2013 2014 SOURCE: Denver Police Department, Traffic Investigations Bureau via Data Analysis Unit Aurora Police Department Number of DUIDs, 2014 150 a 100 a ,c E 50 z DUIDs Involving Marijuana SOURCE: Aurora Police Department, Traffic Division Total DUIDs ❖ 66 percent of total DUIDs involved marijuana. SECTION 1: Impaired Driving Page 125 336 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 PercentPositive 60.00% 59.00% 58.00% 57.00% 56.00% 55.00% 54.00% 53.00% 52.00% 51.00% Larimer County Sheriff's Office Percent of DUIDs Involving Marijuana* 2013 *Percent of all DUID blood samples submitted for drug testing SOURCE: Larimer County Sheriff's Office, Records Unit Numberof DUI Admissions 500 400 300 200 100 2014 Number of DUI Admissions to Arapahoe House with Marijuana as a Self -Reported Drug of Choice 2013 SOURCE: Arapahoe House, Public Communications Office 2014 SECTION 1: Impaired Driving Page 126 337 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Number of Accidents Total Number of Accidents in Colorado 20,000 0 L Commercialization 991011 100 832 101,627 100,994 115,455 107,E 04 — L_aliz.ation 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 SOURCE: Colorado Department of Transportation (CDOT) ❖ 15 percent increase from 2012 to 2014 Related Costs Economic Cost of Vehicle Accidents Resulting in Fatalities: According to the National Highway Traffic Safety Administration report, The Economic and Societal Impact Of Motor Vehicles Crashes, 2010, the total economic costs for a vehicle fatality is $1,398,916. That includes property damage, medical, insurance, productivity, among other considerations. Cost of Driving Under the Influence: The cost associated with the first driving - under -the -influence offense (DUI) is estimated at $10,270. Costs associated with a DUID (driving -under -the -influence -of -drugs) are very similar to those of a DUI/alcohol' SECTION 1: Impaired Driving Page 127 338 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Drug Recognition Experts According to the Colorado Department of Transportation Drug Recognition Experts (DRE) Coordinator, in 2014, 290 individuals evaluated (48.49 percent) showed signs of marijuana impairment.4 Case Examples and Related Material Both Drivers Killed Were "Stoned": Two females, one 28 and the other 49, died in an automobile crash on September 29, 2014 in Longmont, Colorado. "Both drivers had more than 5 ng/mL of THC in their systems..." The younger woman, who was believed to be the primary cause of the accident, was also under the influence of alcohol. This woman was the mother of twin 3-year-olds who were in the vehicle but survived.5 Hit and Run Kills Veteran: In April 2014, the driver of a vehicle ran into the back of a motorcycle sending the cyclist flying into the street. The driver of the vehicle, who had blood alcohol content (BAC) of 2.5 and marijuana in his system', failed to stop and went home. The driver of the motorcycle was a 23-year-old airman stationed at Buckley Air Force Base involved in the Global Missile Warning System. The driver of the vehicle, a 32-year-old and former president of his fraternity at Colorado State University, was sentenced to 12 years in prison.6 Teen Driver Under the Influence Kills a High School Student: In November 2014, a teenager driving under the influence of marijuana hit and killed a 16-year-old high school student. One of the passengers in the vehicle said that the driver had been smoking "weed" in the car and was too high to drive safely. Another friend told law enforcement and he and the driver had smoked "weed" before driving to the high school the day of the crash. He said that he tried to convince the driver not to take the wheel but the driver refused. According to police the driver had trouble walking a straight line, following directions and smelled like marijuana.' One Died in Three -Car Accident During Morning Commute: In January 2013, during the morning commute, a Jeep hit the back of a Subaru station wagon as both vehicles were headed eastbound on U.S. 36. The driver of the Jeep lost control and the vehicle flipped, ejecting the driver who died at the scene.' The driver of the Jeep tested positive for marijuana only.. ' Information obtained by Rocky Mountain HIDTA not published in the original article. SECTION 1: Impaired Driving Page 128 339 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2013 Driver and Passenger Engulfed in Flames: On August 3, 2015 at 6:30 in the morning, 25-year-old Ricardo Gardea drove his SUV through a neighborhood careening through traffic. He was spotted by police prior to the crash and estimated to be driving at about 100 mph. He ran a red light and began "pinballing" off cars in the intersection. He eventually slammed into the back of a Jeep which was "hurtled roughly a block." The gas tank exploded, engulfing the driver and his passenger in flames. The police officer at the scene called in "we need the paramedics in here quick because this person is still moving, but he, uh, he's on fire." The driver of the vehicle, whose burns covered 65 percent of his body, died leaving behind a 7-month-old daughter. The passenger of the vehicle was seriously injured. Gardea, who caused this six -vehicle accident, fled the scene on foot but was subsequently arrested. According to the police report, "Gardea told investigators that he was under the influence of marijuana and had been drinking." The 25-year-old has a criminal record dating back to 2007 including more than 20 arrests.' Hit and Run Kills One: An SUV crashed into a minivan driven by a mother with two children inside. The crash happened at Peoria and 51st Street a little after midnight. Both the driver and the passenger of the SUV left the scene of the accident, taking off running. The driver was later arrested and tested positive for marijuana only.- The mother died from her injuries, the 6-year-old had serious injuries and the 11-year-old minor injuries.70 Drag Racing Kills Two: In June 2013, while drag racing a driver lost control of his vehicle and struck another vehicle head on. This happened at about 8:30 p.m. at Constitution Avenue just east of Circle Drive in Colorado Springs. The driver, who was allegedly drag racing, was killed as was the driver of the other vehicle who was an 84- year-old woman. The driver was a 25-year-old male who tested positive for marijuana only.11 Pedestrian Killed: In June 2013 a pedestrian was hit and killed when crossing a street at the 1400 block of South Nevada Avenue in Colorado Springs, Colorado. The driver of the vehicle was not charged because the pedestrian was not crossing at a crosswalk.12 The pedestrian tested positive for marijuana only. - Bicyclist Died from a Collision: A bicyclist cycling eastbound on westbound lanes of 100th Avenue in Thornton didn't stop at a stop light at the intersection with Colorado Boulevard. The bicyclist was struck by a GMC pick-up at about 10:30 p.m.13 The bicyclist, who was at fault, tested positive for marijuana and oxycodone, died.. SECTION 1: Impaired Driving Page 129 340 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 31September 2015 Injured Teacher No Fan of Marijuana: An article in The Pueblo Chieftain dated June 21, 2015 tells the story of a young schoolteacher who was crippled from a head-on collision by a truck driven by a man under the influence of marijuana. Witnesses to the accident saw the driver of the truck stumbling out of a Loaf 'N Jug and enter his truck. The observers were so alarmed they called authorities and then followed him so they could report his location. They then watched him weave across the lines of the highway and smash head-on into the young teacher's vehicle. They searched the vehicle and subsequently discovered small amounts of marijuana inside a marijuana grinder. The Pueblo West High School mathematics teacher said, "People didn't know what they were voting for. And if it continues to grow as it has since being legalized, there will be a lot more drivers who are high, and a lot more victims Iike me."14 Driver High on Pot Causes Crash that Injures Six: In July 2014, a 22-year-old woman was speeding eastbound on Colfax Avenue at about 2:30 in the morning. She ran a red light at Speer Boulevard and collided with another vehicle. Apparently she was driving 60 mph in a 30 mph zone when the accident, injuring six people, occurred. The young female admitted to "drinking one beer and smoked a bowl of marijuana." "A just -completed study on medical marijuana by University of Colorado researchers found the proportion of marijuana -positive drivers involved in fatal crashes in Colorado increased dramatically since the middle of 2009. That's when medical marijuana was commercialised in the state."15 Pilot Error Caused Fatal 2013 Plane Crash: In December 2013, a pilot and her two passengers were killed when the airplane stalled and went into a spin prior to crashing into a remote snow-covered area on the Western Slope. The National Transportation Safety Board report said that the pilot failed to maintain adequate air speed while flying in low altitude, causing the wreck. A toxicology test showed that the pilot had consumed marijuana prior to the accident but there was not enough evidence to determine impairment.16 Drugged Driving Increases: It was brought to the attention of Rocky Mountain HIDTA that although the article "Drug Use on I.I.S. Roads Rises as Drunken Driving Drops," was correctly cited and used in this report; the article itself misquotes a study from the National Highway Traffic Safety Administration (NHTSA). Therefore, we have removed that entry from our publication. Buying Auto Insurance to Combat Pothead Drivers: A 2007 study by the National Highway Traffic Safety Administration found that marijuana was the most common drug used by drivers. "This sample found that about 4 percent of drivers were high during day and more than 6 percent at night." SECTION 1: Impaired Driving Page 130 341 of 554 The Legalization of Marijuana in Colorado: The Impact Vol, 3/September 2015 Researchers from Columbia University's Mailman School of Public Health, examining over 23,500 fatal car crashes, found that marijuana contributed to 12 percent of the deaths in 2010 from only 4 percent in 1999. "But increased danger on the road from stoned drivers in states where use is legal means all drivers should consider additional auto insurance, such as uninsured/underinsured motor coverage..." This came from Insurance Information Institute spokesperson Loretta Worters.'7 Study on Marijuana -Impaired Drivers. The National Institute on Drug Abuse and the National Highway Traffic Safety Administration funded a study of 18 persons behind the wheel of a driving simulator who were given different combinations of marijuana, alcohol and/or a placebo. The study revealed that newer marijuana users were worse drivers at just 1 or 2 nanograms than heavy marijuana users. Also of note for the study: • "THC moved more rapidly than alcohol out of the bloodstream and into the body, making it harder to detect accurately with a blood test." Also of note from this study: • "Some heavy users had detectable THC in their body for nearly a month, and they performed some tasks worse up to three weeks after they last consumed marijuana." • "Drivers who drank alcohol and smoked marijuana saw a stronger "high" than with pot alone..." • Combining alcohol and marijuana impairs the driver to a greater degree than just one or the other. Marilyn Huestis, chief of chemistry and drug metabolism of the Intramural Research Program at the National Institute on Drug Abuse, stated, "One of the things we know happens with cannabis is that it reduces your field of vision and you get tunnel vision, so you're unable to react as quickly."18,19 70 Percent of Marijuana Users Have Driven Under the Influence: The National Cannabis Prevention and Information Centre (NCPIC) surveyed 4,600 Australians and found that 70 percent of recent marijuana users had driven under the influence of the drug. The primary researcher, Dr. Gates, stated, "We know from research that any cannabis use will affect your tracking ability, your reaction time, your attention span, your awareness of distance, your co- ordination, concentration." He said, "It is time for a wake-up call."20 SECTION 1: Impaired Driving Page 131 342 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Sources 1 Sarah Urfer, ChemaTox Laboratory. 2 U.S. Department of Transportation National Highway Traffic Safety Administration, "The Economic and Societal Impact Of Motor Vehicle Crashes, 2010," May 2014, <http://www.nrd.nhtsa.dot.gov/pubs/812013.pdf>, accessed February 19, 2015 Cost of a DUI brochure, <https://www.codot.gov/library/brochures/COSTDUI09.pdf/view>, accessed February 19, 2015 4 Colorado Department of Transportation, 2015 Anica Padilla, ABC7 News -Denver, December 3, 2014, "Police: Both drivers killed in Longmont crash were stoned, one had also been drinking", <http://www. thedenverchannel. com/news/local-news/police-bath-drivers-killed-in- longmont-crash-were-stoned-one-had-also-been-drinking>, accessed December 3, 2014 6 Raquel Villanueva and Blair Shiff, KUSA-9 News, November 14, 2014, "Man get 12 years for hit-and-run that killed airman," <http://www.9news.com/story/news/loca1/2014/11/14/man-sentenced-in-hit-and-run- that-killed-an-airman/19027447/>, accessed July 23, 2015 ' Megan Quinn, Broomfield News, March 17, 2015, "Police: Teen driver who struck. Killed Broomfield HS student Chad Britton was high at time of accident, <http ://www.broomfieldenterp ris e. com/broomfield-news/ci_27729745/police-teen- driver-who-struck-killed-broomfield-hs>, accessed March 18, 2015 s Mitchel Byars, The Denver Post/Lifestyles section, January 22, 2013, "1 dead after 3- car accident closes U.S. 36 for hours during morning commute", <http ://www. denverp o st. com/ci_22423991 /u-s-36-shut-down- after -possibly -fatal>, accessed December 3, 2014 9 Jesse Paul, The Denver Post, "Denver Hit-and-Run/Police ID suspect in deadly wreck," August 5, 2015 SECTION 1: Impaired Driving Page 132 343 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 1° KUSA 9News/Denver, December 25, 2013, "1 killed, 3 injured in Denver hit-and- run," http://archive.9news.comInews/local/article/370380/346/1-killed-3-injured-in- Denver-hit-and-run, accessed December 4, 2014 " Travis Ruiz, FOX21News.com, June 24, 2013, "Two people killed in possible street - racing crash", <http://fox2lnews.com/2013/06/24/two-people-killed-in-possible-street- racing-crash/>, accessed December 3, 2014 72 Travis Ruiz, Fox2lnews.com, June 24, 2013, "Springs police: Pedestrian killed when crossing street," <http://fox2lnews.cam/2013/06/24/springs-police-pedestrian- killed-when-crossing-street/>, accessed December 3, 2014 13 9News Staff, KUSA-Channel 9 Denver, March 10, 2013, "Police: Bicyclist at fault in fatal weekend collision," <http://www.9news.com/story/news/local/2014/02/25/1847780/>, accessed December 4, 2014 14 Steven Henson, The Pueblo Chieftain, June 21, 2015, "Injured teacher no fan of marijuana," <http://www.chieftain.com/news/3695332-120/driver-marijuana-pueblo- driving>, accessed June 22, 2015 75 Dave Young, KDVR.com, July 30, 2014, "Driver accused of causing crash that hurt 6 was high on pot, DA says," <http://kdvr.com/2014/07/30/22-year-old-woman-charged- with-driving-high-assaulting-six-people/,>accessed July 23, 2015 16 The Associated Press, May 5, 2015, "Pilot error caused fatal 2013 plane crash," <http://www.9news. com/story/news/crime/2015/05/05/grand-junction-pilot-error-plane- crash-2013/26916463/>, accessed May 7, 2015 17 Ed Leefeldt, insurance.com, April 29, 2014, "Buying auto insurance to combat pothead drivers," <http://www.insurance.com/auto-insurance/coverage/buying-auto- insurance-combat-pothead-drivers.html>, accessed October 20, 2014 18 Trevor Hughes, USA Today, June 23, 2015, "Study analyzes how much pot impairs drivers," <http://www.usatoday.com/story/news/2015/06/23/marijuana- drivers/29155165/>, accessed June 25, 2015 14 DailyMail.com reporter, June 24, 2015, "Official: Cannabis use impairs driving as much as alcohol says first of its kind study while drug's legality continues to spread," <http://www.dailymail.co.uk/news/article- SECTION 1: Impaired Driving Page 133 344 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 3137943/Marijuana-DOES-imp air-driving-kind-comprehensive-government- study-reveals-cannabis-use-affect-motor-skills-three-drinks.html>, accessed June 25, 2015 20 Andrew Griffits, ABCNews.net, June 9, 2015, "Nearly 70 per cent of cannabis users report driving under the influence: research," <http://www. abc. net. au/news/2015-06 -10/cannabis-users-repo rt-driving-under- influence/6534368>, accessed June 22, 2015 SECTION 1: Impaired Driving Page ! 34 345 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September2015 SECTION 2: Youth Marijuana Use Introduction The following section reviews youth use rates of marijuana in Colorado and nationally. Datasets examine reported use "within the last 30 days" as opposed to "lifetime" usage. The use of the 30-day data provides a more accurate picture and is classified as current use. The lifetime data collection model typically includes individuals who are infrequent or experimental users of marijuana. Most of the comparisons are between 2006 through 2013. The information compares the early medical marijuana era (2006 - 2008), the medical marijuana commercialization and expansion era (2009 - current) and the recreational marijuana era (2013 -current) in Colorado. • 2006 -2008: There were between 1,000 and 4,800 medical marijuana cardholders and no known dispensaries operating in Colorado. • 2009 - Current: There were over 108,000 medical marijuana cardholders and 532 licensed dispensaries operating in Colorado by the end of 2012. See the introduction at the beginning of this report for more details on the commercialization and explosion of Colorado's medical marijuana trade. • 2013 - Current: In November 2012, Colorado voters passed Constitutional Amendment 64 which legalized marijuana for recreational purposes for anyone over 21 years of age. The amendment also allowed for licensed marijuana retail stores, cultivation operations and edibles manufacturing. Some Findings • Youth (ages 12 to 17 years old) Past Month Marijuana Use, 2013 o Colorado average for youth was 11.16 percent SECTION 2: Youth Marijuana Use Page 135 346 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 o National average for youth was 7.15 percent • Colorado was ranked 3rd in the nation for current marijuana use among youth (56.08 percent higher than the national average) • In 2006, Colorado ranked 14th in the nation for current marijuana use among youth • Between pre -commercialization and post -commercialization of medical marijuana, there was a 24 percent increase in youth (ages 12 to 17 years old) monthly marijuana use. There was an 8 percent increase in just one year after legalization of recreational marijuana in 2013. • The top ten states for the highest rate of current marijuana use were all medical marijuana states whereas the bottom ten were all non -medical -marijuana states. • There was a 40 percent increase in drug -related suspensions and expulsions in Colorado from school year 2008/2009 to 2013/2014. • There was a 20 percent increase in the percent of 12 to 17 year old probationers testing positive for marijuana since marijuana was legalized for recreational purposes. • A June, 2015 Rocky Mountain HIDTA survey of 95 Colorado school resource officers (SROs) and an August 2015 survey of 188 Colorado school counselors reveals: o The majority have experienced an increase in student marijuana -related incidents since recreational marijuana was legalized. o The most common violations on campus are possession and being under the influence during school hours. o Most students obtain their marijuana from a friend who gets it legally, or from their parents/family member(s). NOTE: SAMHSA RELEASED NATIONAL DATA ON DRUG USE FOR 2014 IN SEPTEMBER 2015. HOWEVER, STATE DRUG USE DATA FOR 2014 WILL NOT BE AVAILABLE UNTIL TOWARD THE END OF 2015. SECTION 2: Youth Marijuana Use Page 136 P57 347 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3!September 2015 Data Average Percent 12.0O% 10.00% 8 . 0 0 % 6. 00% 4.00% 2_00% 0.00% Colorado Average Past Month Use of Marijuana Ages 12 to 17 Years Old 2013 (Pre-Commerciali7adon) (Post-Comrerdalizaffon) (Legalization) SOURCE: SAMHSA.gov, National Survey on Drug Use and Health 2012 and 2013 Average Percentage 2006-2008 2009-2012 Youth (Ages 12 to 17 Years Old) Past Month Marijuana Use National vs. Colorado Commercialization 12.00 10.00 8.00 6.00 400 2.00 Legalization 0.00 2 2006 2007 2008 2009 2010 2011 2012 2013 ■ National Average 6.74 6.67 6.67 7.03 7.38 7.64 7.55 7.15 ■ Colorado Average 7.60 8.15 9.13 10.17 9.91 10.72 10.47 11.16 SOURCE: SAMHSA.gov, National Survey on Drug Use and Health, 2006-2013 SECTION 2: Youth Marijuana Use Page 137 348 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Prevalence of Past 30-Day Marijuana Use, 12 to 17 Years Old, 2006-2012 12.00% ▪ 10.00% w • 8.00% ▪ 6.00% a • 4.00% d 2.00% 0.00% United States Colorado Denver Metro ■ 2006-2008 ■ 2008-2010 r_ 2010-2012 SOURCE: Denver Epidemiology Working Group (DEWG), Denver Office of Drug Strategy, October 29, 2014 and National Survey of Drug Use and Health, Sub -state Estimates 2006 — 2012 Average Percentage 12.0% 10.0% S.0% 6.0% 4.0% 2.0% 0.0% National Average Past Month Use by 12 to 17 Years Old, 2013 Non -Medical Marijuana Medical Marijuana Recreational/Medical States States Marijuana States SOURCE: SAMHSA.gov, National Survey on Drug Use and Health 2012 and 2013 SECTION 2: Youth Marijuana Use Page 138 349 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 State -by -State Past Month Usage by 12 to 17 Years Old, 2013 Rhode island Vermont Colorado Washington New Hampshire Oregon Hawaii Maine New Mexico Delaware Michigan Massachusetts Alaska Montana Connecticut Nevada Arizona New York California Florida Maryland Ohio Wisconsin Georgia South Carolina Missouri Pennsylvania Minnesota North Carolina Illinois Iowa Nebraska Virginia Tennessee Indiana Wyoming Texas Arkansas Idaho New Jersey Utah West Virgina North Dakota Oklahoma Mississippi South Dakota Louisiana Kansas Kentucky Alabama As of 2013: Legalized Recreational/Medical Marijuana State Legalized Medical MarijuanaState Non -legalized Medical Marij uana State 0.00% 200% 4.00% b.00% 8.00% 10.00% 12.00% 14.00% Average Percentage SOURCE: SAMHSA.gov, National Survey on Drug Use and Health 2012 and 2013 SECTION 2: Youth Marijuana Use Page 139 350 of 554 The Legalization of Marijuana in Colorado: The Impact VoI. 3/September 2015 States for Past Month Marijuana Use Youth (12 to 17 Years Old), 20131 Top 10 Bottom 10 (Medical Marijuana States in 2013) (Non -Medical Marijuana States in 2013) National Rate = 7.15% 1. Rhode Island -12.95% 2. Vermont -11.34% 3. ++Colorado - 11.16% 4. ++Washington - 9.81% 5. New Hampshire - 9.62% 6. Oregon - 9.59% 7. Hawaii - 9,55% 8. Maine - 9.26% 9. New Mexico - 9.22% 10. Delaware - 9.15% 41. Utah - 5.35% 42. West Virginia - 5.23% 43. North Dakota - 5.19% 44. Oklahoma - 5.16% 45. Mississippi - 5.13% 46. South Dakota - 5.13% 47. Kansas - 5.09% 48. Louisiana - 5.09% 49. Kentucky - 5.07% 50. Alabama - 4.81% ++ Legalized recreational marijuana in 2013 Number of Students 6,000 5,000 4,000 3,000 2,000 1,000 0 Drug -Related Suspensions/Expulsions ,7aa 3,833 3,779 3,736 5,417 5,249 4,965279 4,933 Commercialization Legalization e ��b ��� �e ry�g °�° ti°1 ,y°tip, e e ‘6,3Academic Years SOURCE: Colorado Department of Education, 10-Year Trend Data: State Suspension and Expulsion Incident Rates and Reasons SECTION 2: Youth Marijuana Use Page 140 351 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 NOTE: THE COLORADO DEPARTMENT OF EDUCATION INCLUDED ALL DRUGS IN THIS DATASET. HOWEVER, DEPARTMENT OFFICIALS REPORTED THAT MOST DRUG -RELATED SUSPENSIONS/EXPULSIONS REPORTED SINCE THE 2008/2009 ACADEMIC YEAR HAVE BEEN RELATED TO MARIJUANA.R a .° 6,000 S 5,000 E x 4,000 3,000 •- 2,000 tt 1,000 vs Average Drug -Related Suspensions/Expulsions 2004-2005 to 2008-2009 Academic Years 2009-2010 to 2013-2014 SOURCE: Colorado Department of Education, 10-Year Trend Data: State Suspension and Expulsion Incident Rates and Reasons SECTION 2: Youth Marijuana Use Page 141 352 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Percentage of Total Suspensions 7 6 a 4 3 2 1 0 Percentage of Total Suspensions in Colorado from 2004-2014 School Years Commercialization tie g', ti°o� �' „,9 � �' ,yfl�� ,gout. 10 Academic Years -4--Drug Violations Alcohol Violations SOURCE: Colorado Department of Education, 10-Year Trend Data: State Suspension and Expulsion Incident Rates and Reasons Percentage of Total Expulsions Percentage of Total Expulsions in Colorado from 2004-2014 School Years 45 -- - ---- — — _ 41:7 4 40 - — 38.8 34.8 30 35 2G.2 23.7 24.3 4 25 6 Legalization 20 15 10 Commercialization 5 .4 1 2.4 32 -24 2.6 2s& 3.0 2.7 0 re 10' AcademicYears -4--Drug Violations -ill-Alcohol Violations SOURCE: Colorado Department of Education, 10-Year Trend Data: State Suspension and Expulsion Incident Rates and Reasons SECTION 2: Youth Marijuana Use Page 142 353 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Percentage of Total Referrals to Law Enforcement in Colorado from 2004-2014 School Years 40 to [ 3-4.1 1 35 i 33- _3a8 I T't 25 h 2. 3.3 23.4 24.1 23.5 244i1.....,.....- 20 ..--4 -411v.-- 4:- ii.• Legalization .., 15 Commercialization 6 3 j -4-Drug Violations "C c 10 I 6.8 a° 7.5 6.3 6.6 5.3 --a6.— . -II- Alcohol Violations o.i 5 P- • 0 1, 4' 4'6° fe 6' e' ' v 101/2' AcademicYears SOURCE: Colorado Department of Education,10-Year Trend Data: State Suspension and Expulsion Incident Rates and Reasons Colorado Probation Average Percent Positive THC Urinalyses Ages 12 to 17 Years Old QJ 35.00% 30.00% 4.4 • 25.00% I 20.00% a 15.00% to°1 10.00% • 5 CO'Y tY • 0 < 0.00% 2006-2008 (Pre - Commercialization) 2009-2012 Post - commercialization) 2013-2014 (Legal'izaticrn) SOURCE: State of Colorado Judicial Branch, Division of Probation Services SECTION 2: Youth Marijuana Use Page 1 43 354 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3ISeptember 2015 Colorado School Resource Officer Survey3 In June 2015, 95 school resource officers (SROs) completed a survey concerning marijuana at schools. The majority were assigned to high schools with an average tenure of six years as an SRO. They were asked for their professional opinion on a number of questions induding: • Since the legalization of recreational marijuana, what impact has there been on marijuana -related incidents at your school? o 90 percent reported an increase in incidents o 9 percent reported no change in incidents o 1 percent reported a slight decrease in incidents • What were the most predominant marijuana violations on campus? o 51 percent reported possession of marijuana o 42 percent reported being under the influence during school hours o 4 percent reported selling marijuana to other students o 2 percent reported sharing marijuana with other students o 1 percent reported possession of marijuana -infused edibles Percent of Responses 60% 50% 40% 30% 20% 10% O%O Predominant Marijuana Violations, 2015 Student in Student Student selling Student under Student in possession of sharing marijuana to the influence possession of marijuana marijuana with other students during school marijuana infusededibles other students hours SOURCE Colorado Association of School Resource Officers (CASRO) and Rocky Mountain HIDTA SECTION 2: Youth Marijuana Use Page 144 355 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 • Where do the students get their marijuana? o 39 percent reported friends who obtain it legally o 30 percent reported from their parents o 18 percent reported from the black market o 6 percent reported from retail marijuana stores o 3 percent reported from medical marijuana cardholders o 2 percent reported from medical marijuana caregivers o 1 percent reported from medical marijuana dispensaries Percent of Responses 40% 35% 30% 25% 20°%0 15% 10 5% 0% Medical Marijuana Dispensaries Student Marijuana Source, 2015 Friend Who Obtained it Leggy SOURCE: Colorado Association of School Resource Officers (CASRO) and Rocky Mountain HIDTA Medical Marijuana Caregivers Medical Marijuana Cardholders Retail Marijuana Stores Some Comments from School Resource Officers Black Market Parents 6th Grade Users: "I have 6th graders that smoke marijuana before school. They steal it from their parents or older siblings." Pick Up Tool: "One junior boy, while in class and trying to pick up girls in his class. Offered to share marijuana edibles (Rice Krispy treats/fruity pebbles infused) to three girls in his class while asking for their phone numbers." SECTION 2: Youth Marijuana Use Page 145 356 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Medical Marijuana Card for 18th Birthday: "During the spring I made contact with a student under the influence of marijuana with friends in an alley. After taking them back to my office to write citations. A female who was 18 years old had a marijuana card. She related that her parents took her to get it on her birthday. I advised her she had to be 21 regardless of her card." School to ER: Had two marijuana overdoses requiring ambulance transport to ER. Both incidents were 14 year old females." Increased Incidents: "Numbers of incidents are climbing each year in a school of 430. 2012-2013 (5 incidents) 2013-2014 (11 incidents) 2014-2015 (18 incidents)" 15-Year-Old Marijuana Card Holder: "15 year old with red card obtaining marijuana from friends in tobacco form. Attempted to give it to other females if they would smoke with him. Same student was caught with pipes one month before, the student attempted to fight with staff to keep them from searching him." 17-Year-Old Assaults Father: "17 year old male refused to hang up cell phone during class. Student caused disruption in class attempted to physically stop principal from taking his backpack subsequent search found marijuana in his backpack. Suspect later assaulted his father and was taken into custody." Father's Joint: "In April 2015, five middle school students were observed on the playground passing around what appeared to be a marijuana joint. When contacted, each admitted to consuming marijuana on campus. When asked were (sic) the marijuana was obtained, one of the students admitted taking it from his father." Vapor Pens: "Students smoking marijuana in class out of vapor pens. 8 year old found in possession of vapor pens and test positive for marijuana." School Counselor Survey4 In August 2015, 188 school counselors completed a survey concerning the legalization of marijuana at schools. The majority were assigned to high schools with SECTION 2: Youth Marijuana Use Page 146 357 of 554 The Legalization of Marijuana in Colorado: The Impact Vol, 3,' September 2015 an average tenure of ten years, They were asked for their professional opinion on a number of questions including: • Since the legalization of recreational marijuana, what impact has there been on marijuana -related incidents at your school? o 69 percent reported an increase in incidents o 30 percent reported no change in incidents o 2 percent reported a slight decrease in incidents • What were the most predominant marijuana violations on campus? o 51 percent reported being under the influence during school hours o 30 percent reported possession of marijuana o 9 percent reported possession of marijuana -infused edibles o 6 percent reported sharing marijuana with other students o 5 percent reported selling marijuana to other students Predominant Marijuana Violations, 2015 Student selling Student sharing Student in Student in Student under the marijuana to other marijuana with possession of possession of influence daring students other students marijuana infused marijuana school hours edibles SOURCE Colorado School Counselor Association (CSCA) and Rocky Mountain HIDTA SECTION 2: Youth Marijuana Use Page 147 358 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 • Where do the students get their marijuana? o 29 percent reported friends who obtain it legally o 25 percent reported from their siblings or other family members O 21 percent reported from their parents o 18 percent reported from the black market O 3 percent reported from retail marijuana stores c 2 percent reported from medical marijuana dispensaries O 1 percent reported from medical marijuana cardholders a 1 percent reported from medical marijuana caregivers Percent of Responses 30% 25% 20% 15% 10% 5% 0% Medical Marijuana Cardholders Student Marijuana Source, 2015 Medical Marijuana Caregivers Medical Marijuana Dispensaries Retail Marijuana Stores B1ackMarket Parents Siblings/Other Friend w1 Family obtained it Members legally SOURCE Colorado School Counselor Association (CSCA) and Rocky Mountain HIDTA Some Comments from School Counselors Halls Reek of Pot After Lunch: • "Many kids come back from lunch highly intoxicated from marijuana use. Halls reek of pot, so many kids are high that it is impossible to apprehend all but the most impaired." • "They go off campus and smoke during lunch with friends. They will run home with friends during lunch and smoke then." SECTION 2: Youth Marijuana Use Page 148 359 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 • "There have been several instances of students in their cars on lunch or during their off hours 'hotboxing' or smoking marijuana. Most students are seniors but on occasion, seniors will provide marijuana to 9th or 10th grade students." • "2014/2015 school year, several students caught coming back from off - campus lunch under the influence of marijuana." • "Had a student come back from lunch, teacher believed that they were high. Student was escorted to the office, student admitted they were indeed high to the administrator." • "Students are often referred after lunch (open campus) after they have been riding around smoking marijuana with their friends." • "More and more students are coming back to school high after lunch." • "In April 2015, students were going out for a break. 2-3 students smoked marijuana about a block away from school. They smelled like pot when they got back" Arrives at School Stoned: • "At the beginning of the second semester, three middle school boys were routinely arriving late at school, and noticeable intoxicated." • "We have middle school students who either come to school high, or have it on them in a bag. Or they have pipes on them." • "In May 2015, a teacher witnessed 2 seniors smoking marijuana while driving to school. One student admitted to having done so; the other denied it" • "Teaching a lesson in class during first period that started 7:30 AM and 2 students were already high in class." • "A male 13 y/o student fell asleep in several classes. He was interviewed by the school counselor and the RSO (sic). He was assessed as being high and admitted that he uses marijuana often before school. He steals it from his older brother." • "12 yr. old, sixth grader, was suspected of coming to summer school high. When confronted he told the teacher that he smoked it at home the night before but denied being high at the time. Later, he confirmed that he had smoked early that morning. The marijuana came from his mother's stash." New Use of Bathrooms: • "Students using in the bathroom." • "2 students were smoking marijuana in the restroom last year." • "8th grade male student had marijuana in his locker, classmates reported it. 8th grade female student smoked a joint in a school bathroom during school hours. Shared it with a friend." SECTION 2: Youth Marijuana Use Page 149 360 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 • "7th grade girl last year had hidden marijuana and a pipe in the girl's restroom and told several friends who began getting bathroom break passes from various classrooms. Security noted an increased traffic flow to and from that restroom and found the weed and soon after the violators." It's Legal: • "3 or 4 times in the last school year, students have come to school under the influence after meeting at homes where parents were absent, sharing marijuana off campus and then bringing it on campus. 7th and Sth grade students have been involved, and most often their reaction when caught is 'it's legal'." • "I met with at least 5 students last year alone that have been showing significant signs of drug use or were caught and they all said they will not stop using weed on a daily basis. Their justification was it's fine because it's legal. If it's legal it's not as bad as what adults say about the risks." rust a Plant: • "In March of 2015 a fifth grade boy offered marijuana to another fifth grader on the playground. In October of 2014 a kindergarten girl described the pipe in her grandmother's car and the store where you go to buy pipes. In May of 2015 a first grade girl reported that her mom smokes weed in the garage. 'It's not a drug, it's just a plant'." Grades Decline: • "I would like to say that in general our Marijuana incidents have not gone up. We have a savvy population that knows to keep it away from school. However, I have seen a huge spike in talking with kids about it in my sessions. Last year I had two very intelligent students (above 4.0) that used marijuana 2-6 times a week. Both of them had grades decline and significant social emotional issues spike in the Spring of their Senior Year. They also both had violations at school." Dad Allows Pot Smoking: • "We had reports of two students (brothers) appear to be high at school. Our officer assessed both of them and discovered that their father, who had a medical marijuana card, was having them both "smoke a bowl" before school. He thought it would make their school day easier." SECTION 2: Youth Marijuana Ise Page 1 50 361 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Parents High: • "At our elementary school, we have noticed an increased number of parents showing up to school high. Kids have also brought [marijuana] to school to show their friends." Difficulty in Assessment: • "For school personnel, it is more difficult to evaluate what substance a student is under the influence of. We can smell alcohol and smoked marijuana but the edibles and vapes are hard to detect." Warning: Drug Canines: • "I would like to just offer that we need policy that allows for more use of drug dogs and not having to forewarn students or parents when these dogs will be present. Students and especially dealers, the ones we need to catch, are very vigilant in making adjustments when these resources are used." SECTION 2: Youth Marijuana Use Page 151 362 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Youth Use Surveys Not Utilized and Why After careful analysis and consideration, Rocky Mountain HIDTA did not use the following datasets in this report because of the following reasons: Centers for Disease Control Youth Risk Behavior Survey (YRBS): In 2013, Colorado fell short of the required number of student responses and was, therefore, not included. Additionally, upon further review, it was discovered that since 1991 the state of Colorado has only been represented in the High School YRBS survey with weighted data four times. Since 1995, Colorado has only been represented in the Middle School YRBS survey by weighted data twice. States that participated in the 2013 Middle School and High School YRBS surveys are represented in dark blue in the below maps. It should be noted, in 2013, high schools in the following eight states were not included with high school data: California, Colorado, Oregon, Washington, Minnesota, Illinois, Iowa and Pennsylvania. San Frmisce, Centers for Disease Control Youth Risk Behavior Survey 2013 YRBS Participation Map Middle Schools ,Ne.bgoTr•e alc� r t i dr0rtliA mit �1Se�bkdmkea•s 41i la.TX n l•..lglad..la• s ❑ W.c•rtwpae • ode tad a LLbeghla4411k-t•r•e•1•A ebdpercn•.M nags dnd[e•em ti ken gawk r :,a • Aaeb,pan ♦ l••c • modem Elwaa shack • Mu High Schools Los AKA.. sore you ✓ Ylpandf/.1•Nli• ❑ l..wldM.aseaete.f n d4ea1a•404 • 1MdalddfehidnbiAlat4 t•bitc swadlaaRi o OrmliMed•wn Mliv.lW aRY•^^•nmetasiS Mme•SpnTrp 0 Tr oiupq L b. PitK ilarksabalA0 1•wtd^T. R �AldiraraKR • baaal Sa e, • ,_• • I•wwaj•_••►1• • Mot • memo,. SOURCE: Centers for Disease Control and Prevention, Adolescent and School Health, YRBSS Participation Maps and History<http:/hvww.cdc.gov/healthyyouth/datalyrbs/participation.htm> Monitoring the Future (MTF) Study: Monitoring The Future is designed to be nationally -represented and not state -represented. MTF does not provide usable estimates for the specific state of Colorado because of the state's relatively small size. Colorado is only 1.6 percent of the total U.S. population; thus, the sampling would only SECTION 2: Youth Marijuana Use Page 152 363 of 554 The Legalization of Marijuana in Colorado: The impact Vol. 3/September 2015 be 1.6 percent of Colorado schools (400) or about 6 schools per year. Since 2010, the survey sampled an average of 4.6 Colorado schools. In 2014 and 2015, there were four schools surveyed each year of which three were eighth grade. Therefore, the MTF study is not useful for state data pertaining to Colorado for school -age drug use data and trends.6 Healthy Kids Colorado Survey (HKCS): The Healthy Kids Colorado Survey is voluntary, self -reported health information from Colorado middle and high school students. However, this survey notably changed in 2013. "Sample sizes from 2005-2011 ranged from about 700 to 1,500 students" whereas "sample size for 2013 for current and lifetime use was about 25,000 high school students." Additionally, the HKCS "methodology changed in 2013 to include charter schools and to expand the sample size." Rocky Mountain HIDTA did not feel it was consistent to compare data pre-2013 with the new method of collecting data.' Related Material Denver Public School Marijuana Arrests Increased 39 Percent: Since marijuana was legalized in 2013, Denver Police Department reported 154 arrests in 2013 compared to 111 in 2012 which is a 39 percent increase. Students who talked to 9News from one high school are quoted as saying:8 • "[Legalization] does make it more acceptable because a lot of people couldn't get it before, but now they have uncles or cousins or whatever that are old enough to get it, and they can just get it for them." • Another student saying he sees pot use frequently, "around the parks, walking on the streets, at the bus, in the bus. Everywhere." • Another student saying that students have easier access to the drug than they did before made the comment, "It's Colorado." A student commented, "Yeah, some kids just come to class all stoned." "[Teachers] don't really do nothing. They just look at them. Give them a weird look and then just walk away." School workers say it can be a tough call to report cases like that. Kids suspected of being high that are not disrupting classes, just quietly zoned out at their desk. Valley Schools See Increase in Marijuana -Related Offenses: "Administrators at the Roaring Fork Valley high schools have seen an uptick in marijuana -related infractions over the first full year of the drug being legalized for adult recreational use, causing some changes in the curriculum to better inform students about how pot can adversely affect the teenage brain." School District Superintendent Diana Sirko said in SECTION 2: Youth Marijuana Use Page 153 364 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 comparison to the last three to five years there has been a "dramatic increase" in infractions during the recently -completed school year. She states, "I didn't think [legalization] would affect things any more than alcohol does, but we've been more impacted than we first thought. Because of the fact that [marijuana] is now legal, it's viewed differently by kids... It's the availability and overall mindset that leads to problems ."9 School Drug Incidents Raise Questions on Colorado Pot Policy: "Hundreds of Colorado's middle -school students got caught with drugs at school last year, setting a decade -high record while raising questions about the impact of the state's legal marijuana industry." School -based experts believe that the 24 percent increase in middle school drug reports directly relate to the legal marijuana industry. Denver Public Schools saw a 7 percent increase from 452 in school year 2012/13 to 482 in school year 2013/14. "The 951 middle -school drug violations across Colorado was the highest tally in a decade." School officials say that the greater availability and acceptance appears to be prompting more kids to try marijuana. Aurora P.D. School Resource Officer Susan Condreay stated, "I would say that at any given time, any day of the week, there are probably about 10% of the kids in the high school that are under the influence of something."1° Chuck Frank: Study Shatters Claims Marijuana is Harmless: An article in the scientific journal Addiction by Professor Wayne Hall of King's College in London, who is also the World Health Organization drug advisor, "built a compelling case with regard to the negative and adverse effects of cannabis." Among the professor's findings was that regular use, particularly among teens, leads to long-term mental health problems as well as addiction.? • "One in six teenagers who regularly smoke the drug become dependent on it." • Cannabis doubles the risk of developing psychotic disorders, including schizophrenia. • "Cannabis users do worse at school. Heavy use in adolescence appears to impair intellectual development." • "One in ten adults who regularly smoke marijuana become dependent and are more likely to go on to harder drugs." • "Driving after smoking marijuana doubles the risk of car crashes, which increases substantially if the driver also drank alcohol." • "A study released (April 23, 2014) by the Journal of the American Heart Association revealed a relationship between cardiovascular disease and cannabis use in regular marijuana users." SECTION 2: Youth Marijuana Use Page 154 365 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 This New Study is Bad News if You're a Marijuana Supporter: Researchers at Northwestern University released a study in the journal Hpppocampus related to some findings regarding heavy use of marijuana on teenagers' long-term memory. The study examined daily marijuana users who began at the age of 16 compared to the same age young adults who never used marijuana. Researchers used an MRI scan of the area of the brain responsible for long-term memory retention. Researchers also conducted MRI scans for subjects in their early 20's who were two years removed from heavy marijuana use. The study showed an "oddly shaped hippocampus" in heavy marijuana users that accompanied long-term memory test scores 18 percent lower than those who had not used marijuana. One of the senior authors stated, "The memory processes that appear to be affected by cannabis are ones that we use every day to solve common problems and to sustain our relationships with friends and family." This apparently was the first study that confirmed the relationship between heavy marijuana use and a misshapen hippocampus that lead to poor long-term memory function.12 Impact of Youth Marijuana Use: A study published in the journal Lancet Psychiatry by Dr. Muiris Houston provides some startling findings concerning marijuana use among youth. • Daily users of marijuana prior to the age of 17 are 60 percent less likely to complete high school or get a university degree than those who do not use marijuana. • Teens who are daily users of marijuana are seven times more likely to attempt suicide. • Teens who use marijuana on a daily basis are eight times more likely to use other drugs later in life.13 Teen. Marijuana Use and the Risk of Psychosis: "Doctors in Germany have noted an alarming rise in psychotic episodes linked to excessive marijuana use among young people, which follows other studies around the world raising alarms." "The number of patients admitted with psychotic episodes after having consumed cannabis has more than tripled in Germany over the last 15 years, from 3,392 in 2000 to 11,708 in 2013." "More than half the patients are younger than 25."14 Pot Smoking Can Damage Developing Brains "Scientists believe that the increased potency leads to abnormalities in the shape, density, and volume of the nucleus accumbens, the walnut -shaped area of the brain that's associated with pleasure and pain. The nucleus accumbens "Is the core of motivation," says study co-author Hans Breiter. J.M. [Gilman et al., Cannabis Use Is Quantitatively Associated with Nucleus Accumbens and Amygdala Abnormalities in Young Adult Recreational Users, Journal of SECTION 2: Youth Marijuana Use Page 155 366 of 554 The Legalization of Marijuana in Colorado: The Impact Neuroscience (Neurobiology of Disease section), 34 (2014), 5529-5538] brain you do not want to mess around with."75 Vol. 3/September 2015 "This is a part of the Teens That Smoke Pot Could End Up Shorter: "Researchers at a university in Pakistan studied levels of hormones linked to growth and puberty in the blood of 217 boys addicted to marijuana and 220 who didn't smoke at all." They found certain hormones linked to puberty were higher among pot users but growth hormone levels were significantly lower. When checking back years later, the researchers found non - marijuana users were 9 pounds heavier and 4.6 inches taller on average than their marijuana -smoking counterparts. The scientists, who presented their findings at a conference in Ireland, said that this might help provide some insight into the effects of drug use on growth and development.76 Medical Marijuana May Pose Risk to Teens: Study: A study by a professor in the School of Nursing at the University of Michigan showed that teens who legally were using medical marijuana were ten times more likely to say they were addicted than those that got the drugs illegally. The study author, Carol Boyd, stated, "I think that medical marijuana laws are failed policy and that these data lend support to my position."" Study Identifies Teens at Risk for Hashish Use: "The recent increase in popularity of marijuana use coupled with more liberal state -level policies has begun to change the landscape of adolescent marijuana use. More potent forms of marijuana, such as hashish, may present a threat to adolescent health." A study by researchers connected to the New York University Center for Drug Use and HIV Research was one of the first to examine the prevalence and correlation between hash use among a sample of U.S. high school students. One of the researchers reports that one out of ten teens reported using hashish and that marijuana and hashish bear the same risk factors for regular users but are much stronger from hashish, which is a more potent form of marijuana.18 THC Levels in Teens: In a Colorado Springs Gazette Op/Ed dated June 21, 2015 entitled "THC extracts concentrate problems: For example, the average level of THC found in the urine of about 5,000 adolescents ages 12-19 by researchers at the University of Colorado jumped from 358 nanograms per milliliter in 2007 through 2009 - just before the state's boom in medical marijuana dispensaries - to 536 milliliters from 2010 through 2013."19 Pot Unsafe to Teen and Young Adult Brains Under Construction: "Even moderate marijuana use among teens and young people was shown in a study this year to cause abnormalities in the developing brain. Yet as Colorado and other states legalize SECTION 2: Youth Marijuana Use Page 156 367 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 recreational pot use, the public perception is that it is generally safe." A study published in the journal of Neuroscience in April 2014, conducted by the Harvard Medical School and Northwestern University Feinberg School of Medicine, used brain scans on young adults who smoked marijuana moderately. The researchers found changes in the volume, shape and density in the regions of the brain responsible for judgment, motivation, decision -making and emotional behavior. They found that the more these young adults smoked, the greater the abnormalities.20 Pot Used to be Pretty Harmless, But It's Plenty Dangerous Today: Dr. Grace M. McGorrian, in a Pittsburgh Post -Gazette editorial, compares the impact of marijuana from the 1960s and '70s to the marijuana of today. She states, "Modern marijuana has been genetically modified to be more potent — six to 10 times higher in THC." The article goes on to describe experience with marijuana users in that they have a greater distortion of reality and consciousness and also sometimes appear to be very sedated and unsteady on their feet. She mentions poor balance and compromised memory even when no longer high. She mentions that she has seen THC levels rise from "200 nanograms per milliliter to 500, to 1,000, to 1,750 (I have seen all these levels.)" Dr. McGorrian also cites that 50 percent of those using high -potency marijuana daily will experience withdrawal symptoms to include poor sleep, decline in appetite, possible vomiting and stomach pain. She cites anxiety, irritability increases and some experience muscle twitching and limb spasms. She says the symptoms will clear in less than a week but the experience is rough and that many heavy users resume smoking mid -withdrawal. Dr. McGorrian is board -certified in adult and forensic psychiatry.21 Under the Influence of Parents: A survey conducted by the Hazelden Betty Ford Foundation's Center for Public Advocacy show that children of parents who have used marijuana are three times more Likely to use it themselves. This nationwide survey was conducted of individuals between the ages of 18 and 25 to get a better understanding of marijuana using habits and attitudes. The survey found that 72 percent of children who reported their parents have used, or are using, marijuana have in fact used it themselves. That compares to less than 20 percent of children whose parents have not used marijuana. The survey also found that 15 percent stated they used marijuana before the age of 14 and about 35 percent between the ages of 14 and 16. The survey also found that the majority of young adult marijuana users (6 out of 10) did not think marijuana was addictive and didn't damage the brain. Almost half of those felt that eating marijuana was safer than smoking it. In Colorado, close to 49 percent of youth surveyed admitted they had used marijuana compared to approximately 41 percent nationwide. In Colorado, 24 percent of youth said they used marijuana daily compared to about 19 percent for the rest of the country.22 SECTION 2: Youth Marijuana Use Page 157 368 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Marijuana Exposure Among Children Younger Than Six Years in the United States: "The rate of exposure to marijuana among young children nationwide is rising. Young children in states where laws allow sale and use of marijuana face significantly elevated risks of exposure and poisoning."23 Sources ' National Survey on Drug Use and Health Model 2013, <http://www.SAMHSA.gov> 2 Tatum, Christine, "Pot plagues Colorado schools," December 2013, <http://drthurstone.corn/pot-plagues-colorado-schools/>, accessed December 2013 School Resource Officer survey by Rocky Mountain HIDTA 4 School Counselor survey by Rocky Mountain HIDTA 5 Centers for Disease Control and Prevention, Adolescent and School Health, YRBSS Participation Maps and History, <http://www.cdc.gov/healthvyouth/data/yrbs/participation.htm>, accessed August 2015 <http://www.cdc.gov/healthyyouth/data/yrbsiparticipation.htm>, University of Michigan, Institute for Social Research, Monitoring the Future Study ' University of Colorado Denver, Healthy Kids Colorado Survey, Marijuana Overview of 2013 Data, <http://www.ucdenver. e du/academics/colleges/PublicHe alth/community/CEPEG/UnifY outh/Documents/Marijuana%200verview.pdf>, accessed August 2015 8 Brandon Rittiman, KUSA, December 16, 2014, "DPD revised data on Denver school pot arrests", <http://www.9news.com/story/news/education/2014/12/15/pot-arrests- denver-schools/20459607/>, accessed December 16, 2014 9 Collin Szewczyk, Aspen Daily News Online, June 9, 2015, "Valley schools see increase in marijuana -related offenses, " <http://www.aspendailynews.com/print/166966>, accessed June 9, 2015 SECTION 2: Youth Marijuana Use Page 158 369 of 554 The Legalization of Marijuana in Colorado: The Impact Vol, 3/September 2015 1° Katie Kuntz, Rocky Mountain PBS I -News, USAToday.com, February 18, 2015, "School drug incidents raise questions on Colo. pot policy", <http://www.usatoday. com/story/news/nation/2015/02/18/colo-middle-school-drugs- marijuana-violations/23620235/>, accessed February 19, 2015 " Chuck Frank, The Union, April 4, 2015, "Chuck Frank: Study shatters claims marijuana is harmless," <http://www.theunion.com/opinion/columns/15021803- 113/chuck-frank-study-shatters-claims-marijuana-is-harmless>, accessed April 5, 2015 12 Sean Williams, The Motley Fool, April 12, 2015, "This New Study Is Bad News if You're a Marijuana Supporter," <http://www.fool. com/investing/general/2015/04/12/this-new-study-is-bad-news-if- youre-a-marijuana-su.aspx>, accessed April 12, 2015 " Muiris Houston, September 15, 2014, Irishtimes.com, "Medical Matters: The health and social benefits of abstaining from cannabis", <http: //www. irishtimes. com/life-and-style/he alth-family/medical-matters-the-he alth- and-social-benefits-of-abstaining-from-cannabis-1.1924047>, accessed September 16, 2014 14 Freia Peters, Worldcrunch.com, May 3, 2015, "Teen Marijuana Use And The Risks of Psychosis", <http://www.worldcrunch.com/culture-society/teen-marijuana-use-and- the-risks-of-psychosis/drug-health-addiction-cannabis- europe/c3s18633/#.VZ2EcsbJCos>, accessed May 4, 2015 is THE WEEK (Health & Science), Volume 14/Issue 701 December 31, 2014, pg. 9 16 Arden Dier, Newser Staff, newser.cotn, May 19, 2015, "Smoked Pot as a Teen? You Could Have Been Taller," <http://www.newser.corn/story/207051/smoked-pot-as-a- teen-you-could-have-been-taller.html>, accessed May 19, 2015 77 Robert Preidt, WebMD News from HealthDay, July 24, 2014, "Medical Marijuana May Pose Risk to Teens: Study," <http://teens.webmd.com/news/20150724/medical- marijuana-may-pose-risk-to-teens-study-suggests>, accessed July 24, 2015 18 MedicalXpress (as provided by New York University), Apri113, 2015, "Study identifies teens at risk for hashish use," <http://medicalxpress.com/news/2015-04-teens- hashish.html>, accessed April 13, 2015 SECTION 2: Youth Marijuana Use Page 159 370 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3,September 2015 79 Wayne Laugesen and Pula Davis, The Gazette editorial board, June 21 2015, "Clearing the Haze/THC extracts concentrate problems," <http://gazette.com/clearing- the-haze-thc-extracts-concentrate-problems/article/1554097>, accessed June 22, 2015 20 Electra Draper, The Denver Post, December 26, 2014, "A Year of Legal Pot/Pot unsafe for teen and young adult brains under construction," <http: //www. denverpost. com/potanniv ers ary/ci_27174681 /pot-uns afe-teen- and -young - adult -brains -under>, accessed July 14, 2015 21 Dr. Grace M. McGorrian, Pittsburgh Post -Gazette, May 24, 2015, "Pot used to be pretty harmless, but it's plenty dangerous today," <htly://www.post- gazette.corn/opinion/Qp-Ed/2015/05/24/A-tale-oftwo-reefers/stories/201505240065>, accessed May 25, 2015 22 Hazelden Betty Ford Center Foundation, Recovery News, September 18, 2014, "Under the Influence of Parents — Children of marijuana users much more likely to start using marijuana at a young age, new Hazelden Betty Ford Foundation survey finds," <https://www.hazelden.org/web/public/children-of-marijuana-users,page>, accessed September 18, 2014 23 Bridget Anders, BS, et al, "Marijuana Exposure Among Children Younger Than Six Years in the United States," Clinical Pediatrics, June 10, 2015, 1-9 SECTION 2: Youth Marijuana Use Page 160 371 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 SECTION 3: Adult Marjuana Use Introduction The following section reviews rates of marijuana use by adults in Colorado and nationally. Data sets examine reported use "within the last 30 days" as opposed to "lifetime" use. Use of the 30-day data provides a more accurate picture and is classified as current use. The lifetime data collection model includes those who were typically infrequent or experimental users of marijuana. Data comparisons are from years 2006 through 2013. The information compares the early medical marijuana era (2006 - 2008), the medical marijuana commercialization and expansion era (2009 - current) and the recreational marijuana era (2013 - current) in Colorado. • 2006 - 2008: There were between 1,000 and 4,800 medical marijuana cardholders and no known dispensaries operating in Colorado. • 2009 - Current: There were over 108,000 medical marijuana cardholders and 532 licensed dispensaries operating in Colorado by the end of 2012. See the introduction at the beginning of this report for more details on the commercialization and explosion of Colorado's medical marijuana trade. • 2013 - Current: In November 2012, Colorado voters passed Constitutional Amendment 64 which legalized marijuana for recreational purposes for anyone over 21 years of age. The amendment also allowed for licensed marijuana retail stores, cultivation operations and edibles manufacturing. SECTION 3: Adult Marijuana Use Page f 61 372 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Some Findings • College Age Adults (ages 18 to 25 years old) Current Marijuana Use 2013 o Colorado average - 29.05 percent o National average -18.91 percent ■ Colorado was ranked 2nd in the nation for current marijuana use among college -age adults (53.62 percent higher than the national average). • In 2006, Colorado was ranked 8th in the nation for current marijuana use among college -age adults. • Between pre- and post -commercialization of medical marijuana, there was a 17 percent increase in college -age (ages 18 to 25 years old) monthly marijuana use. There was an 11 percent increase in just one year after legalization of recreational marijuana in 2013. • There was a 49 percent increase in 18 to 25-year-old probationers testing positive for marijuana since marijuana was legalized for recreational purposes. • Adults (ages 26+ years old) Current Marijuana Use 2013 o Colorado average -10.13 percent o National average - 5.45 percent • Colorado was ranked 5th in the nation for current marijuana use among adults (85.87 percent higher than the national average) • In 2006, Colorado was ranked 8th in the nation for current marijuana use among adults • Between pre- and post -commercialization of medical marijuana, there was a 32 percent increase in adult (26+ years old) monthly marijuana use. There was a 27 percent increase in just one year after legalization of recreational marijuana in 2013. • The top ten states for the highest rate of current marijuana use were all medical - marijuana states. o College age rate (18 to 25 years old): Top ten states average of 26.31 percent compared to national average of 18.91 percent o Adult rate (26+ years old): Top ten states average of 9.28 percent compared to national average of 5.45 percent SECTION 3: Adult Marijuana Use Page 162 373 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 • There has been an 87 percent increase in 26+ years old probationers testing positive for marijuana since marijuana was legalized for recreational use. NOTE: SAMSHA RELEASED NATIONAL DATA ON DRUG USE FOR 2014 IN SEPTEMBE.R 2015. HOWEVER, STATE DRUG USE DATA FOR 2014 WILL NOT BE AVAILABLE UNTIL TOWARD THE END OF THE YEAR 2015. Data College Age (18 to 25 Years Old) Average Percent 30.00% 25.00% 20.00% 15.00% 10.00% 5.�0y0% q 0.0TD Average Past Month Use of Marijuana College Age (18 to 25 Years Old) 29.0A 2006-2008 2009-2012 2013 (Pre-Commerrialiaation) (Post-Commerdalization) (Legalization) SOURCE: SAMHSA.gov, National Survey on Drug Use and Health, 200E-2013 SECTION 3: Adult Marijuana Use Page 163 374 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Average Percentage College Age (18 to 25 Years Old) Past Month Marijuana Use 25 20 15 10 5 Commercialization Legalization t v 2006 2007 2008 2009 2010 2011 2012 2013 ■ National Average , 16.42 16.34 16.45 17.42 118.39 18.78 18.89 18.91 • Colorado Average 121.43 22.21 23.44 24.28 1 26.35 27.26 26.81 29.05 SOURCE: SAMHSA.gov, National Survey on Drug Use and Health, 2006 - 2013 Average Percent of Use Prevalence of Past 30-Day Marijuana Use, 18 to 25 Years Old, 2006-2012 35.00% 30.00% 25.00% 20.00% 15.00% 10.00°.4 5.00%1V 0.00% United States Colorado Denver Metro 12006-2008 12008-2010 It 2010-2012 SOURCE: Denver Epidemiology Workgroup (DEWG), Denver Office of Drug Strategy, October 29, 2014 and the National Survey of Drug Use and Health, Sub -state Estimates 2006-2012 SECTION 3: Adult Marijuana Use Page 164 375 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 States for Past Month Marijuana Use College Age (18 to 25 Years Old), 20131 Top 10 Bottom 10 (Medical Marijuana States in 2013) (Non -Medical Marijuana States in 2013) National Rate = 18.91% 1, Rhode Island - 29.79% 2. ++Colorado - 29,05°%a 3. Vermont - 28.74% 4. New Hampshire - 27.77% 5. Massachusetts - 26.64% 6. ++Washington - 25.56% 7. Maine - 24.71% 8. Connecticut - 24.41% 9. Oregon - 23.39% 10. Montana - 23.04% ++ Legalized recreational marijuana in 2013 Nu mberPositive 30,000 25,000 20,000 15,000 10,000 5,000 41, Oklahoma -14.43% 42. Arkansas -14.28% 43. Wyoming -14.12% 44. Idaho -14.05% 45. North Dakota -14.04% 46. Alabama -13.93% 47. Texas -13.88% 48. South Dakota -12.68% 49. Kansas-12.23% 50. Utah -10.91 % State of Colorado Probation Number of Positive THC Urinalyses Ages 18 to 25 Years Old ,099 5,987 7,193 Legalization Commercialization 13,125 10,979 16,246 20,019 17,60117,234 I25,606 22,160 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 SOURCE: State of Colorado Judicial Branch, Division of Probation Services SECTION 3: Adult Marijuana Use Page ! 65 376 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Adults (26+ Years Old) Average Percent 12.00% 10.00% 8.00% 6.00% 4.00% 2.00% 0.00% Average Past Month Use of Marijuana Adults (Age 26+ Years Old) (321Talncrease)(27%Increase/ 2013 (Pre -Commercialization) (Post -Commercialization) (Legalization) SOURCE: SAMHSA.gov, National Survey on Drug Use and Health, 2006-2013 Average Percentage 12 10 8 6 4 2 2006-2008 2009-2012 Adult (Age 26+ Years Old) Past Month Marijuana Use Legalization Commercialization 4 U 2 2006 2007 2008 2009 - 2010 2011 2012 2013 ■ National Average 41 4.02 406 4.42 4.68 4.8 5.03 5.45 • Colorado Average 5.32 5.88 6.88 7.31 8.86 8.19 7.63 10.13 SOURCE: SAMHSA.gov, National Survey on Drug Use and Health, 2006-2013 SECTION 3: Adult Marijuana Use Page 166 377 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Prevalence of Past 30-Day Marijuana Use, 26+ Years Old, 2006-2012 12.00% v 8.00% 6.00% ClOrt 4.00% 'el 2.00% 10.00% 0.00°Io United States Colorado ■ 2006-2008 IN 2008-2010 f 2010-2012 Denver Metro SOURCE: Denver Epidemiology Workgroup (DEWG), Denver Office of Drug Strategy, October 29, 2014 and the National Survey of Drug Use and Health, Sub -state Estimates 2006-2012 States for Past Month Marijuana Use Adults 26 Years Old and Older, 20131 Top 10 Bottom /0 (Medical Marijuana States in 2013) (Non -Medical Marijuana States in 2013) National Rate = 5.45% 1. Rhode Island -11.18% 2. Alaska -10.60% 3. ++Washington -10.39% 4. Oregon -10.37% 5. ++Colorado - 10.13% 6. Vermont- 8.88% 7, Montana - 8.44% 8. Maine - 7,95% 9. Michigan - 7.64% 10. New Mexico - 7.23% 41. South Dakota - 3.67% 42. **New Jersey - 3.64% 43. Texas - 3.62% 44. West Virginia -3.57% 45. Kentucky - 3.53% 46. Alabama - 3.41% 47. Louisiana - 3.33% 48. Mississippi - 3.26% 49. North Dakota - 3.26% 50. Kansas - 2.90% ++ Legalized recreational marijuana in 2013 ** First dispensary opened in December 2012 SECTION 3: Adult Marijuana Use Page 167 378 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 NumberPositive 35,000 30,000 25,000 20,000 15,000 10,000 5.000 0 State of Colorado Probation Number of Positive THC Urinalyses Ages 26+ Years Old 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 SOURCE: State of Colorado Judicial Branch, Division of Probation Services Colorado Adult Marijuana Use Demographics2 According to the Colorado Behavior Risk Factor Surveillance System, 2014: • 13.6 percent of adults (18+ years old) are current users of marijuana • Approximately 1 out of 3 current users report using marijuana daily • A little less than 1 in 5 (18.8 percent) report driving after using marijuana • Highest current use demographics: o Younger adults (18 to 24 years old) o Less than high school education o Lower household income o Black o Gay/Lesbian/Bisexual adults o Men • Three highest current use areas in Colorado: o Boulder 18.9 percent o Denver 18.5 percent o Mountain Area West of Denver 15.6 percent SECTION 3: Adult Marijuana Use Page 168 379 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Related Material Marijuana Intoxication Blamed for More Deaths, Injuries: CBS4 Investigates reporter Brian Maass, in May of 2015, did a report on marijuana intoxication and deaths. One case cited was an 18-year-old former outstanding soccer player (Daniel Juarez) who was smoking marijuana with a friend and subsequently told the friend he did not want anymore because he was too high. According to witnesses, he began acting irrationally, running wild, stripping off his clothes and went into an apartment. He then got a knife and stabbed himself 20 times, one of which pierced his heart. The autopsy report showed 38.2 nanograms of THC in his blood at the time of death. The level set for impaired driving by the state of Colorado is 5 nanograms. A second case cited was a University of Wyoming 19-year-old student (Levy Pongi) who was visiting Denver. Apparently he and his friends were ingesting marijuana edibles when the student began acting irrationally by upending furniture, tipping over lamps then rushing out on the hotel balcony and jumping to his death. This student had 7.2 nanograms of THC in his blood at time of death. A third case cited was a wife (Kristine Kirk) who called 911 to report her husband (Richard Kirk) was acting erratically after eating marijuana edibles. While she was on the phone, her husband shot and killed her in front of their three children. The husband's lawyer claimed he was not responsible for his actions due to "involuntary" intoxication. A fourth case cited was a 17-year-old Boulder high school student (Brant Clark) who committed suicide. According to his mother he had consumed a large amount of marijuana at a party and then suffered major psychotic episodes requiring emergency care at two hospitals over a three-day period. Three days later he took his own life leaving behind a note that said, "Sorry for what I have done. I wasn't thinking the night I smoked myself out." This case occurred in 2007 prior to the commercialization of medical marijuana. A fifth case cited was an individual (Tron Doshe) who was returning home from a Colorado Rockies game and had lost his keys. He attempted to climb the outside of the apartment building to reach his balcony when he fell to his death. This death was ruled an accident. The autopsy report showed that this individual had 27.3 nanograms of marijuana in his system, 5 times over Colorado's legal limit and no other drugs were found in his system. The last case cited was a college student (Luke Goodman) who was on a skiing vacation with his family in Keystone, ingested marijuana edibles and subsequently shot himself to death. The autopsy report showed that he had 3.1 nanograms of THC in his system but that family members said he acted extremely irrational after ingesting the edibles. SECTION 3: Adult Marijuana Use Page 169 380 of 554 The Legalization of Marijuana in Colorado: The Impact VoI.3/September 2015. Doctor Chris Colwell, chief of Emergency Medicine at Denver Health Medical Center, said, "Since the legalization of marijuana in Colorado, he has seen more and more cases like these of people who have ingested marijuana making poor decisions, decisions they would not otherwise make." He said, "In some cases they will ingest marijuana and behave in a way we would describe as psychotic." Dr. Colwell goes on to state several times each week they see people at the emergency department who have ingested marijuana and are acting suicidal. He states that they have to be restrained to ensure they are not a danger to themselves or other people. Dr. Colwell recalls one example in which a man dressed as Super Man ingested marijuana edibles and then jumped off a balcony as if he could fly. Although the man survived, he suffered several fractures.3 Marijuana Edibles Blamed for Keystone Death: Luke Goodman, a 23-year-old college graduate was on a two -week ski vacation with his family. He and a cousin purchased marijuana edibles and marijuana. They began ingesting the edible marijuana. Apparently Goodman consumed several peach tart candies and several hours later was reported to be jittery, incoherent and talking non -sensibly. His cousin reports that he made eye contact but didn't see them. His cousin described him as "pretty weird and relatively incoherent. It was almost like something else was speaking through him." Apparently the family left the condo and Luke Goodman retrieved a handgun he traveled with and shot himself to death. His cousin and family members referred to him as well -adapted, well -adjusted with no signs of depression or suicidal thoughts. His cousin said that, "He was the happiest guy in the world. He had everything going for him."4,5.6 Hiker Falls to His Death: Twenty-one year old Justin Bondi fell 150 feet to his death while hiking with a friend. According to the friend, on May 3, 2015 they stopped to eat sandwiches while hiking. The friend said that Bondi, "suddenly started shaking" and then fell to his death. The friend later acknowledged to investigators that they had smoked marijuana before embarking on their hike. The autopsy report showed marijuana, a metabolic of cocaine and Xanax. "A 'marijuana drink' and a `metal tool commonly used in association with marijuana' were also found at the scene according to the police report."7 Comedian Takes Too Much of Colorado Marijuana: "Comedian Ralphie May was escorted by police out of his concert venue on Thursday night after he allegedly indulged in too many marijuana -infused edibles and 'lost the plot' on stage." Apparently the 42-year-old entertainer was so high that he struggled to make it onto the stage. While trying to continue, he apparently couldn't put a sentence together, had trouble finishing a joke and constantly lost his place. Obviously the audience was not SECTION 3: Adult Marijuana Use Page 70 381 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 happy and demanded refunds. This took place at Avalon Theater in Grand Junction, Colorado.' Colorado Adult Marijuana Use Now Almost Double the National Average: "A new statewide study funded by the Colorado Department of Public Health and Environment found that 13.6% of Colorado adults are regular users of marijuana - almost double the rate (7.4%) of the entire country, according to recent Health and Human Services studies." "Denver is home to the most number of marijuana stores - and leads the state with 18.5% of adults as current users." 9 Marijuana Use Increases in Colorado, According to New Federal Survey: "As marijuana legalization took hold in Colorado, the estimated percentage of regular cannabis users in the state jumped to the second -highest level in the country, according to new federal stats." "Only Rhode Island topped Colorado in the percentage of residents who reported using marijuana as frequently."1° Colorado Partly Blamed as Pot Use Up: "An increasing number of visitors to Yellowstone National Park are being prosecuted for possession of small amounts of medical and recreational pot, which remains illegal on federal land. Park rangers attribute the trend to ignorance of federal law and the growing prevalence of legal pot in other states, including neighboring Colorado, which has legal medical and recreational marijuana. The U.S. attorney's office prosecuted 21 marijuana cases from Yellowstone in 2010 and 52 in 2014. As of December 17th, the office had handled 80 cases in 2014. Those convicted of misdemeanor possession typically receive $1,000 fines."" Study Shows Increased Adult Marijuana Use and Binge Drinking in States That Legalize Medical Marijuana: "Researchers from Emory's [University] Rollins School of Public Health found an increase in adult marijuana use and binge drinking after the implementation of medical marijuana laws (MML) in ten states that permit marijuana use for medical purposes." Dr. Heife Wen, PhD states, "These potential public health consequences may impose considerable economic and social costs on the society."12 Cannabis Smokers Warned They Risk Poorer Exam Grades: "After studying data on more than 54,000 course grades achieved by students from around the world who were enrolled at Maastricht University [Netherlands' before and after the restrictions were introduced, the economists came to a striking conclusion." [Before and after the restrictions were introduced, for certain out -of -country students from buying marijuana.] In a paper presented to the Royal Economic Society conference in Manchester, the economists revealed that those who could no longer legally buy SECTION 3: Adult Marijuana Use Page 171 382 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 cannabis did better in their studies. University economist Olivier Marie stated, "The effects we find are large, consistent and statistically very significant." The economist goes on, "In line with how THC consumption affects cognitive functioning, we find that performance gains are larger for courses that require more numerical/mathematical skills."13 Marijuana-Using_Employees: According to Quest Diagnostics: "Drug use costs the U.S. economy billions of dollars annually. According to the 1998 report by the Department of Labor, 73 percent of all current drug users aged 18 and older were employed. This calculates to 6.7 million full-time workers and 1.6 million part-time workers. Marijuana use among employees can lead to lower productivity, increased workplace accidents and injuries, increased absenteeism and lower morale." "According to the U.S. Department of Labor, drug abuse in the workplace costs employers approximately $81 billion each year in lost productivity."14 Drug Tests in the Workforce: "Quest Diagnostics' Drug Testing Index showed that, in 2013, positive drug test results in the workforce for marijuana increased nationwide by 6.2 percent. This is the first increase in positive reported drug tests in a decade. Positive tests for marijuana were dramatically higher in the two states with legal recreational marijuana. The marijuana positivity rates increased 20 percent in Colorado and 23 percent in Washington."75 Sources 1 National Survey on Drug Use and Health (NSDUH), Substance Abuse and Mental Health Services Administration (reports 2006 through 2013) 2 Colorado Behavioral Risk Factor Surveillance System, "Marijuana Use in Colorado," Colorado Department of Public Health and Environment 3 Brian Maass, CBS4 Investigates, May 18, 2015, "Marijuana Intoxication Blamed In More Deaths, Injuries,"<http://denver.cbslocal.com/2015/05/18/marijuana-intoxication- blamed-in-more-deaths-injuries/>, accessed May 19, 2015 4 Brian Maass, CBS4 Investigates, March 25, 2015, "Marijuana Edibles Blamed For Keystone Death,"<http://denver.cbslocal.com/2015/03/25/marijuana-edibles-blamed- for-keystone-death/>, accessed March 26, 2015 SECTION 3: Adult Marijuana Use Page 172 383 of 554 The Legalization of Marijuana in Colorado: The Impact Vol, 3/September 2015 From Staff Reports, Tulsa World, March 26, 2015, "Mother of local man who committed suicide says marijuana candy in Colorado led to his death," <http://www, tulsaworld.com/news/local/mother-of-lo cal-man-who-committed-suicide- says-marijuana-candy/article_5f34296b-7bec-5689-90b5-fd677d2dd8e5.html>, accessed March 26, 2015 6 National Families in Action & Partners, The Marijuana Report, May 27, 2015, The Marijuana Report.org/The Marijuana Report, accessed May 28, 2015 ' Mitchel Byars, Daily Camera, August 20, 2015, "Boulder coroner: Man's fall accidental; drugs may have been involved," <http://www. dailycamera.com/news/boulder/ci_28676915/boulder-coroner-mans-fall- accidental-drugs-may-have>, accessed August 21, 2015 S Sophie Jane Evans, Dailymail.com, January 18, 2015, "Police called to comedian Ralphie May's Colorado show after 'he takes too much legal marijuana', forgets his act and causes uproar among the audience," <http://www/dailymail.co.us/news/>, accessed January 18, 2015 9 Smart Approaches to Marijuana (SAM), "Colorado Adult Marijuana Use Now Almost Double the National Average," press release, June 16, 2015 70 John Ingold, The Denver Post, December 26, 2014, "Marijuana use increased in Colorado, according to new federal survey", <http://www. denverpost.com/news/d_27212493/marijuana-use-increased-colorado- according-new-federal-survey>, accessed December 26, 2014 " The Denver Post/Colorado Roundup, Tuesday, January 6, 2015"Yellowstone National Park - Colorado partly blamed as pot use up" 72 Woodruff Health Sciences Center, May 6, 2015, "Emory study shows increased adult marijuana use and binge drinking in states that legalize medical marijuana," <http://www.news.emory. edu/stories/2015/05/legalize_medical_marijuana_abuse/index, html>, accessed May 7, 2015 73 Jamie Doward, The Guardian, April 22, 2015, "Cannabis smokers warned they risk poorer exam grades," <http://www.theguardian.com/society/2015/apr/11/cannabis- smokers-risk-poorer-grades-dutch-study-legalisation>, accessed April 11, 2015 SECTION 3: Adult Marijuana Use Page 173 384 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 14 Quest Diagnostics webpage, <http://www.questdiagnostics.com/home/companies/employerJdrug-screening/drugs- tested.html/>, accessed November 29, 2014 15 Institute for Behavior and Health, Inc., "Workplace Drug Testing in the Era of Legal Marijuana, March 2015" SECTION 3: Adult Marijuana Use Page 174 385 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 SECTION 4: Emergency Room and Hospital Marijuana -Related Admissions Introduction The following section summarizes emergency room (ER) and hospital data related to marijuana in Colorado. The information, when available, compares the early medical marijuana era (2006 — 2008), the medical marijuana commercialization and expansion era (2009 — current) and the recreational marijuana era (2013 — current) in Colorado. • 2006-2008: There were between 1,000 and 4,800 medical marijuana cardholders and no known dispensaries operating in Colorado. • 2009—Current: There were over 108,000 medical marijuana cardholders and 532 licensed dispensaries operating in Colorado by the end of 2012. See the introduction at the beginning of this report for more details on the commercialization and explosion of Colorado's medical marijuana trade. • 2013—Current: In November 2012, Colorado voters passed Constitutional Amendment 64 which legalized marijuana for recreational purposes for anyone over 21 years of age. The amendment also allowed for licensed marijuana retail stores, cultivation operations and edibles manufacturing. Some Findings • Colorado emergency room visits per year related to marijuana: o 2013-14,148 0 2014 -18,255 SECTION 4: Emergency Room and Hospital Marijuana -Related Admissions Page 175 386 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 • In 2014, when retail marijuana businesses began operating, there was a 29 percent increase in the number of marijuana -related emergency room visits in only one year. • In 2014, when retail marijuana businesses began operating, the rate of emergency department visits likely related to marijuana increased 25 percent in just one year. • Emergency room visits related to marijuana per 100,000 in 2013: o Denver rate - 415.46 o Colorado rate - 248.32 • Denver's rate was 67 percent higher than Colorado's rate and increased 25 percent when recreational marijuana was legalized in 2013. • Hospitalizations related to marijuana: o 2011- 6,305 o 2012 - 6,715 o 2013 - 8,272 o 2014 -11,439 • In 2014, when retail marijuana businesses began operating, there was a 38 percent increase in the number of marijuana -related hospitalizations in only one year. • In 2014, when retail marijuana stores began operating, the rate of hospitalizations likely related to marijuana increased 20 percent in only one year. • Hospital discharges related to marijuana per 100,000 in 2013: o Denver rate - 245.94 o Colorado rate -148.80 ■ Denver's rate was over 65 percent higher than Colorado's rate and increased 29 percent when recreational marijuana was legalized in 2013. • In the three years after medical marijuana was commercialized, compared to the three years prior, there was a 46 percent increase in hospitalization related to marijuana. SECTION 4: Emergency Room and Hospital Marijuana -Related Admissions Page 176 387 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 • Children's Hospital Colorado reported 2 marijuana ingestions among children under 12 years old in 2009 compared to 16 in 2014. Definitions Marijuana -Related: Also referred to as "marijuana mentions." This means the data could be obtained from lab tests, self -admitted or some other form of validation by the physician. That does not necessarily prove marijuana was the cause of the emergency admission or hospitalization. Data Number of Visits Marijuana -Related Emergency Room Visits 20,000 18,000 16,000 14,000 12,000 10,000 8,000 6,000 4,000 2,000 0 2011 2012 2013 2014 SOURCE: Colorado Hospital Association, Emergency Department Visit Dataset. Statistics prepared by the Health Statistics and Evaluation Branch, Colorado Department of Public Health and Environment NOTE: 2011 AND 2012 EMERGENCY DEPARTMENT DATA REFLECTS INCOMPLETE REPORTING STATEWIDE. INFERENCES CONCERNING TRENDS, INCLUDING 2011 AND 2012, SHOULD NOT BE MADE. 2014 FIGURES SHOULD BE ACCURATE, OR CLOSE TO ACCURATE, BUT HAVE NOT YET BEEN FINALLY CONFIRMED. SECTION 4: Emergency Room and Hospital Marijuana -Related Admissions Page 177 388 of 554 The Legalization of Marijuana in Colorado: The Impact Rates Per 100,000 Vol. 3/September 2015 • Colorado Emergency Department Rates that are Likely Related to Marijuana* 2011 2012 2013 2014 *Rates of Emergency Department (ED) Visits withPossible Marijuana Exposures, Diagnoses, or Billing Codes in the First Three Diagnosis Codes per 100,000 ED Visits by Year in Colorado SOURCE: Colorado Department of Public Health and Environment, Monitoring Health Concerns Related to Marijuana in Colorado: 2014 NOTE: "POSSIBLE MARIJUANA EXPOSURES, DIAGNOSES, OR BILLING CODES IN THE FIRST THREE. DIAGNOSIS CODES: THESE DATA WERE CHOSEN TO REPRESENT THE HD AND ED VISITS WHERE MARIJUANA USE WAS LIKELY A CAUSAL OR STRONG CONTRIBUTING FACTOR TO THE UNDERLYING REASON FOR THE HD AND ED VISIT. THESE DATA CONSISTED OF HD AND ED VISITS CODED WITH DISCHARGE CODES RELATED TO .POISONING BY PSYCHODYSLEPTICS OR SEPARATE CODES RELATED TO CANNABIS ABUSE IN THE FIRST THREE DIAGNOSIS CODES WHICH ARE MORE LIKELY TO BE CLINICALLY SIGNIFICANT CODES." - COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, MONITORING HEALTH CONCERNS RELATED TO MARIJUANA IN COLORADO: 2014 NOTE: DATA NOT AVAILABLE PRE-2011. SECTION 4: Emergency Room and Hospital Marijuana -Related Admissions Page 178 389 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Rates Per 100,000 Colorado Emergency Department Rates that Could be Related to Marijuana* 2011 2012 2013 2014 *Rates of EmergencyDepartment (ED) Visits with Possible MarijuanaExposwes, Diagnoses, or BiliingCodes per SOURCE: Colorado Department of Public Health and Environment, Monitoring Health Concerns Related to Marijuana in Colorado: 2014 NOTE: "POSSIBL.E MARIJUANA EXPOSURES, DIAGNOSES, OR BILLING CODES IN ANY OF LISTED DIAGNOSIS CODES: THESE DATA WERE CHOSEN TO REPRESENT THE HD AND ED VISITS WHERE MARIJUANA COULD BE A CAUSAL, CONTRIBUTING, OR COEXISTING FACTOR NOTED BY THE PHYSICIAN DURING THE HD OR ED VISIT. FOR THESE DATA, MARIJUANA USE IS NOT NECESSARILY RELATED TO THE UNDERLYING REASON FOR THE HD OR ED VISIT. SOMETIMES THESE DATA ARE REFERRED TO AS HD OR ED VISITS WITH ANY MENTION OF MARIJUANA." - COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, MONITORING HEALTH CONCERNS RELATED TO MARIJlL4NA IN COLORADO: 2014 NOTE: DATA NOT AVAILABLE PRE-2011. SECTION 4: Emergency Room and Hospital Marijuana -Related Admissions Page 179 390 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Rates Per 100,000 Emergency Department Rates Per 100,000 Marijuana -Related, 2011-2013 Colorado 450.00 400.00 350.00 300.00 250.00 200.00 150.00 100.00 50.00 0.00 2011 I 2012 147.80 179.00 Legalization 1 2013 248.32 ■ Denver City and County 315.34 331.22 415.46 SOURCE: Denver Office of Drug Strategy, The Denver Drug Strategy Commission, Proceedings of the Denver Epidemiology Work Group (DEWG), October 29, 2014 ❖ The highest rates from 2011 to 2013 were among young adults (18 to 25 years). NOTE: 2011 AND 2012 EMERGENCY ROOM DATA DOES NOT REPRESENT COMPLETE, STATEWIDE. PARTICIPATION. INCREASES OBSERVED OVER THESE THREE YEARS MAY BE DUE PARTLY, OR COMPLETELY, TO INCREASES IN REPORTING BY EMERGENCY ROOMS. SECTION 4: Emergency Room and Hospital Marijuana -Related Admissions Page 180 391 of 554 The Legalization of Marijuana in Colorado: The Impact 12,000 c 10,000 y 8,000 6, 4,000 E 2,000 Vol. 3/September 2015 Hospitalizations Related to Marijuana _., 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 SOURCE: Colorado Hospital Association, Hospital Discharge Dataset. Statistics prepared by the Health Statistics and Evaluation Branch, Colorado Department of Public Health and Environment Average Hospitalizations 10,000.00 9,000.00 8,000.00 7,000.00 6,000.00 5,000.00 4,000.00 3,000.00 2,000.00 1,000.00 0.00 Average Marijuana -Related Hospitalizations 2006-2008 2009-2012 Pre -Commercialization Post -Commercialization 2013-2014 Legalization SOURCE: Colorado Hospital Association, Hospital Discharge Dataset. Statistics prepared by the Health Statistics and Evaluation Branch, Colorado Department of Public Health and Environment SECTION 4: Emergency Room and Hospital Marijuana -Related Admissions Page 181 392 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Rates Per 100,000 600 400 300 200 100 Colorado Hospitalization Rates that are Likely Related to Marijuana* 2006 2007 2008 2009 2010 2011 2012 2013 2014 "Rates of Hospitalization (HD) Visits with Possible Marijuana Exposures, Diagnoses, or Billing Codes in theFirst Three Diagnosis Codes per 100,000 HD Visits by Year in Colorado SOURCE: Colorado Department of Public Health and Environment, Monitoring Health Concerns Related to Marijuana in Colorado: 2014 NOTE: "POSSIBLE MARIJUANA EXPOSURES, DIAGNOSES, OR BILLING CODES IN THE FIRST THREE DIAGNOSIS CODES: THESE DATA WERE CHOSEN TO REPRESENT THE HD AND ED VISITS WHERE MARIJUANA USE WAS LIKELY A CAUSAL OR STRONG CONTRIBUTING FACTOR TO THE UNDERLYING REASON FOR THE HD AND ED VISIT. THESE DATA CONSISTED OF HD AND ED VISITS CODED WITH DISCHARGE CODES RELATED TO POISONING BY PSYCHODYSLEPTICS OR SEPARATE CODES RELATED TO CANNABIS ABUSE IN THE FIRST THREE DIAGNOSIS CODES WHICH ARE MORE LIKELYTO BE CLINICALLY SIGNIFICANT CODES." - COLORADO DEPARTMENT ENT OF PUBLIC HEALTH AND ENVIRONMENT, MON'ITOR/NG HEAT TH CONCERNS RELATED TO MARIJUANA IN COLORADO: 2014 SECTION 4: Emergency Room and Hospital Marijuana -Related Admissions Page 182 393 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Colorado Hospitalization Rates that Could be Related to Marijuana* Rates Per 100,000 2006 2007 2008 2009 2010 2011 2012 2013 2014 *Rates of Hospitali 7ation (I -ID) Visits with Possible MarijuanaExposures, Diagnoses, or Billing Codes per 100,000 HD Visits by Year in Colorado SOURCE: Colorado Department of Public Health and Environment, Monitoring Health Concerns Related to Marijuana in Colorado: 2014 NOTE: "POSSIBLE MARIJUANA EXPOSURES, DIAGNOSES, OR BILLING CODES IN ANY OF LISTED DIAGNOSIS CODES: THESE DATA WERE CHOSEN TO REPRESENT THE. HD AND ED VISITS WHERE MARIJUANA COULD BE A CAUSAL, CONTRIBUTING, OR COEXISTING FACTOR NOTED BY THE PHYSICIAN DURING THE HD OR ED VISIT. FOR THESE DATA, MARIJUANA USE IS NOT NECESSARILY RELATED TO THE UNDERLYING REASON FOR THE HD OR ED VISIT. SOMETIMES THESE DATA ARE REFERRED TO AS HD OR ED VISITS `WITH ANY MENTION OF MARIJUANA.' - COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, MONTTORING HEALTH CONCERNS RELATED TO MARIJUANA LET COLORADO: 2074 SECTION 4: Emergency Room and Hospital Marijuana -Related Admissions Page 183 394 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Rates Per 100,000 Hospital Discharge Rates Per 100,000 Marij uana-Related, 2007-2013 Commerriali7ratiOn Legalization 1 2007—i 2008 ! 2009 T 2010 ' 2011 2012 2013 —+—Denver City and County 129.90 146.76 154.81 ! 201.20 189.08 190.51 245.94 ♦—Colorado 77.15 87.50 j 89.88 114.18 117.48 123.65 148.80 300.00 250.00 200.00 150.00 100.00 50.00 0.00 SOURCE: Denver Office of Drug Strategy, The Denver Drug Strategy Commission, Proceedings of the Denver Epidemiology Work Group (DEWG), October 29, 2014 • The highest rates from 2011 to 2013 were among young adults (18 to 25 years). NOTE: HOSPITAL DISCHARGE DATA REPRESENTS AN INDIVIDUAL'S INPATIENT STAY AT A HOSPITAL REQUIRING, AT MINIMUM, AN OVERNIGHT STAY AND IS IN REFERENCE TO WHEN THE PATIENT LEAVES THE HOSPITAL. A CODE IS ASSIGNED AS TO WHY THE PATIENT WAS IN THE HOSPITAL, CALLED THE ICD-9 CODE, WHICH IS USED FOR BOTH THE PATIENT'S MEDICAL RECORD AND FOR BILLING PURPOSES. SECTION 4: Emergency Room and Hospital Marijuana -Related Admissions Page 184 395 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Numberof Children Marijuana Ingestion Among Children Under 12 Years -of -Age 2009 2010 2011 2012 16 2013 2014 SOURCE: George Sam Wang, M.D. and Lalit Bajaj, M.D., Children's Hospital Colorado Cost Cost of Emergency Room: A study was conducted of a cross section of ER encounters from 2006 to 2008. The study found that "During our study period, the median charge for outpatient conditions in the emergency room was $1,233."1 Related Material Cannabis -Related ED Visits Rise in States With Legalized Use: "Cannabis use and abuse have increased significantly during the past few years, especially in states where use of the substance is now legal, new research suggests." A study from the U.S. Healthcare Cost and Utilization Project show that emergency room visits coded for marijuana grew 50.4 percent between 2007 and 2012 in Colorado. This study was presented at the American Academy of Addiction Psychiatry (AAAP) 25t" Annual meeting. "Everyone's talking about Colorado, but why aren't they also talking about the states with medical use of marijuana? There appears to be a flaw in the system," lead author Abhishek Rai, MD, from the Department of Psychiatry at St. Mary Mercy SECTION 4: Emergency Room and Hospital Marijuana -Related Admissions Page 185 396 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Hospital in Livonia, Michigan, told Medscape Medical News. "People with access to marijuana are using it and then coming to the ED," added Dr. Rai.' Places With More Marijuana Dispensaries Have More Marijuana -Related Hospitalizations: A press release on August 10, 2015 from the University of Pittsburgh Schools of the Health Sciences released a study to be published in the scientific journal Drug and Alcohol Dependence. The study revealed that, "People who live in areas of California with a higher density of marijuana dispensaries experience a greater number of hospitalizations involving marijuana abuse and dependence."' The Implications of Marijuana Legalization in Colorado: An article in the Journal of the American Medical Association by physicians from the Department of Emergency Medicine University of Colorado discusses the health implications of "marijuana policy liberalization." They write that, "Increased availability lead to increased health care utilization related to marijuana exposure. Exacerbation of chronic health conditions was expected. Tetrahydrocannabinol (THC) is associated with psychosis, anxiety, and depression symptoms, making exacerbation of underlying psychiatric disorders inevitable." The article further states, "However, there has been an increase in visits for pure marijuana intoxication. These were previously a rare occurrence, but even this increase is difficult to quantify. Patients may present to emergency departments (EDs) with anxiety, panic attacks, public intoxication, vomiting, or other nonspecific symptoms precipitated by marijuana use. The University of Colorado ED sees approximately 2000 patients per week; each week, an estimated 1 to 2 patients present solely for marijuana intoxication and another 10 to 15 for marijuana -associated illnesses."4 Five Students at a Denver Middle School Ingest Pot Edibles: A Denver middle school student had sprinkled marijuana on top of "rice crispy treats". Apparently five students ingested the marijuana, some of whom became ill. One of the students was rushed to the hospital at the request of her parents.' 3-Year-Old Rushed to Emergency A 3-year-old was taken to the emergency room after her father told the mother that the child was laying on the couch, seemed tired and not acting normally. At the hospital, the little girl vomited and was subsequently tested positive for marijuana. A search of the couple's residence found nearly 9 ounces of marijuana in a "plastic open top bin" and four marijuana plants growing. Officers also discovered suspected cocaine in the residence.6 SECTION 4: Emergency Room and Hospital Marijuana -Related Admissions Page 186 397 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Burglar Taken to Hospital. Two juveniles were caught burglarizing a marijuana dispensary in Denver. One of the juveniles had to be taken to the hospital because he was so intoxicated.' Sources 1 Caldwell N, Srebotnjak T, Wang T, Hsia R (2013 "How Much Will I get Charged for This?" Patient Charges for Top Ten Diagnoses in the Emergency Department, Plops ONE 8(2): e55491. Doi:10.1371/journal.pone.0055491, accessed January 2015 2 Deborah Brauser, Medscape Medical News from the American Academy of Addiction Psychiatry (AAAP) 25th Annual Meeting, December 16, 2014, "Cannabis - Related ED Visits Rise in States with Legalized Use", <http://www.medscape.cam/viewartide/836663>, XXWAAWS December 16, 2014 University of Pittsburgh, Schools of the Health Sciences Media Relations, press release, August 10, 2015, <http://www.upmc.com/media/NewsReleases/2015/Pages/mair-marijuana. aspx>, accessed August 10, 2015 4 Andrew A. Monte, MD; Richard D. Zane, MD; and Kennon J. Heard, MD, PhD, Department of Emergency Medicine, University of Colorado, Journal of the American Medical Association, December 8, 2014, "The Implications of Marijuana Legalization in Colorado," <http://jama.jamanetwork.com>, accessed December 9, 2014 5 Anthony Cotton, The Denver Post, May 7, 2015, "Denver police: Five students at Skinner Middle School ingest pot edibles; girl cited", <http://www.denverpost.com/news/ci_28070625/denver-police-investigating-reports- that-students-at-middle>, accessed May 7, 2015 6 Alan Gaithright, ABC 7 News Denver, December 17, 2014, "Denver toddler ingests marijuana; parents charged with child abuse, drug possession, DA says," <http://w-ww. thedenverchannel.cam/news/local-news/denver-toddIer-ingests- marijuana-parents-charged-with-child-abuse-drug-possession-da-says>, accessed December 17, 2014 Noelle Phillips, The Denver Post, January 14, 2015, "Two juveniles busted breaking into Denver marijuana dispensary," <http://denverpost.cam/news/ci_27320321/twa- juveniles-busted-breaking-into-denver-marijuana-dispensary>, accessed January 24, 2015 SECTION 4: Emergency Room and Hospital Marijuana -Related Admissions Page 187 398 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 THIS PAGE INTENTIONALLY LEFT BLANK SECTION 5: Marijuana -Related Exposure Page 188 399 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 SECTION 5: Marijuana -Related Exposure Introduction This section provides information primarily regarding Colorado marijuana -related self -reported calls to the Rocky Mountain Poison and Drug Center (RMPDC), Denver, Colorado. The data comparisons are from 2006 through 2013. The information compares the early medical marijuana era (2006 - 2008), the medical marijuana commercialization/expansion era (2009 - current) and the recreational marijuana era (2013 - current) in Colorado. • 2006 - 2008: There were between 1,000 and 4,800 medical marijuana cardholders and no known dispensaries operating in Colorado. • 2009 - Current: There were over 108,000 medical marijuana cardholders and 532 licensed dispensaries operating in Colorado by the end of 2012. See the introduction at the beginning of this report for more details on the commercialization and explosion of Colorado's medical marijuana trade. • 2013 - Current: In November 2012, Colorado voters passed Constitutional Amendment 64 which legalized marijuana for recreational purposes for anyone over 21 years of age. The amendment also allowed for licensed marijuana retail stores, cultivation operations and edibles manufacturing. Some Findings • In 2014, when retail marijuana businesses began operating, marijuana -only related exposures increased 72 percent in only one year. SECTION 5: Marijuana —Related Exposure Page 189 400 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/Septeinber 2015 • In the years medical marijuana was commercialized (2009 - 2012), marijuana - related exposures averaged a 42 percent increase from prior years (2001 - 2008) average. • All ages Colorado marijuana -related exposures: c During the years 2013 - 2014, the average number of all ages exposures was 175 per year. ■ Exposures for all ages doubled in Colorado after legalization. • Youth (ages 6 to 17 years old) marijuana -related exposures in Colorado: c During the years 2013 - 2014, the average number of children exposed was 45 per year. ■ This is an 80 percent increase from medical marijuana commercialization years (2009 - 2012) average which was a 67 percent higher increase over previous years (2006 - 2008) averages. • Young children (ages 0 to 5 years old) marijuana -related exposures in Colorado: o During the years 2013 - 2014, the average number of children exposed was 31 per year. ■ This is a 138 percent increase from the medical marijuana commercialization years (2009 - 2012) average which was a 225 percent increase from prior years (2006 - 2008). • Percent of total marijuana -related exposures involving children ages 0 to 5 years old: o During 2013 - 2014, a yearly average of 17.71 percent ■ This is about triple the national average of 5.95 percent SECTION 5: Marijuana -Related Exposure Page 190 401 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Data Average Nu mber 180 160 140 120 100 80 60 40 20 0 All Ages, Average Number of Marijuana -Related Exposures 2006-2008 2009-2012 Pre -Commercialization Post-Coninerriaiization SOURCE: Rocky Mountain Poison and Drug Center 160 140 0 4°', 120 100 10 0 80 0 60 0 z 40 20 0 2013-2014 Legalization Number of Exposures Reported for Marijuana Only 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 SOURCE: Colorado Department of Public Health and Environment, Monitoring Health Concerns Related to Marijuana in Colorado: 2014 via Rocky Mountain Poison and Drug Center SECTION 5: Marijuana -Related Exposure Page 191 402 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 ti a 250 w 200 150 z 100 50 Number of Marijuana -Related Exposures, by Age Range 0-5yrs 6-12vrs 208 13-14yrs 15-17yrs 18-25yrs 26+ yrs Age Range SOURCE Rocky Mountain Poison and Drug Center Average Number 40 35 30 25 20 15 10 5 Youth Ages 6 to 17 Years Old, Average Number of Marij uana-Related Exposures 2006-2008 Pre-Cornmerri a1i 7ation 2009-2012 Post -Commercialization SOURCE: Rocky Mountain Poison and Drug Center 2013-2014 Legalization ■ 2005-2009 ■ 2010-2014 SECTION 5: Marijuana -Related Exposure Page 192 403 of 554 The Legalization of Marijuana in Colorado: The Impact Average Number Vol. 3/September 2015 Children Ages 0 to 5 Years Old, Average Number of Marijuana -Related Exposures 2006-2008 2004-2012 Pre -Commercialization Post- Commercialization SOURCE: Rocky Mountain Poison and Drug Center 40 35 24 30 25 W 20 it 15 F 10 5 2013-2014 Legalization Marijuana -Related Exposures Children Ages 0 to 5 Years Old 2006 2007 2008 2009 2010 2011 2012 2013 2014 SOURCE: Rocky Mountain Poison and Drug Center SECTION 5: Marijuana —Related. Exposure Page 193 404 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Average Percent 18.00% 16.00% 14.00% 12.00% 10.00% 8.00% 6.00% 4.00% 2.00% 0.00%b Average Percent of All Marijuana -Related Exposures, Ages 0 to 5 Years Old 2009-2012 ■ National I Colorado SOURCE: Rocky Mountain Poison and Drug Center 2006-2008 Related Material 2013.2014 Pot -related Calls to Colorado, Washington Poison Centers Up: In a Denver Post article dated January 25, 2015 by Gene Johnson of the Associated Press, it cites the substantial increase in calls to poison control centers related to marijuana. "The spike in numbers since marijuana was legalized includes a troubling jump in cases involving young kids." Calls to the Colorado poison center in 2014 almost doubled the number of calls in 2013 and tripled the calls in 2012. Calls to the Washington poison center jumped about 50 percent from 2013 to 2014. Calls involving children nearly doubled in both states.' Child Marijuana Poisoning Incidents Increase After States Legalize Pot: A study by researchers at the Nationwide Children's Hospital report, "More young children are exposed to marijuana in states after the drug had become legal for medical or recreational use..." This study, in the journal Clinical Pediatrics found: "the rate of marijuana exposures among children 5 years old and under increased 16 percent each SECTION 5: Marijuana —Related Exposure Page 194 405 of 554d The Legalization of Marijuana in Colorado: The Impact Vol.:31September 2015 year after legalization in those states." According to the National Poison Database System, child exposures increased 147 percent from 2006- 2013.2 Children and THC-Infused Edibles: According to a Colorado Springs Gazette Op/Ed dated June 21, 2015, entitled "THC extracts concentrate problems": "In Colorado, the number of exposures to THC-infused edibles in your children increased fourfold in one year, from 19 cases in 2013 to 95 in 2014, according to the Rocky Mountain Poison and Drug Center. "3 Sources 1 Gene Johnson, the Associated Press/Denver Post, January 25, 2015, "Pot -related calls to Colo., Wash. poison centers up" 2 Jackie Borchardt, Northeast Ohio Media Group, June 16, 2015, "Child marijuana poisoning incidents increase after states legalize pot," <http://www. cleveland.com/open/index. ssf/2015/06/child_poisoning_cases_increas e. ht ml%23incart_river>, accessed June 17, 2015 3 Wayne Laugesen and Pula Davis, The Gazette editorial board, June 21 2015, "Clearing the Haze/THC extracts concentrate problems," <http://gazette.com/clearing- the-haze-thc-extracts-concentrate-problems/article/1554097>, accessed June 22, 2015 SECTION 5: Marijuana —Related Exposure Page 195 406 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 THIS PAGE INTENTIONALLY LEFT BLANK SECTION 5: Marijuana —Related Exposure Page 196 407 of 554 The Legalization of Marijuana in Colorado: The Impact Vol..3/September 2015 SECTION 6: Treatment Introduction This section examines whether Colorado's legalized medical marijuana industry and the recent legalization of marijuana for recreational use has affected the admission rate to substance abuse treatment programs. The information compares the early medical marijuana era (2006 - 2008), the medical marijuana commercialization and expansion era (2009 - current) and the recreational marijuana era (2013 - current) in Colorado. • 2006-2008: There were between 1,000 and 4,800 medical marijuana cardholders and no known dispensaries operating in Colorado. • 2009-Current: There were over 108,000 medical marijuana cardholders and 532 licensed dispensaries operating in Colorado by the end of 2012. See the introduction at the beginning of this report for more details on the commercialization and explosion of Colorado's medical marijuana trade. • 2013-Current: In November 2012, Colorado voters passed Constitutional Amendment 64 which legalized marijuana for recreational purposes for anyone over 21 years of age. The amendment also allowed for licensed marijuana retail stores, cultivation operations and edibles manufacturing. Some Findings • Marijuana treatment data from Colorado in years 2005 - 2014 does not appear to demonstrate a definitive trend. Colorado averages approximately 6,500 treatment admissions annually for marijuana abuse. • Over the last ten years, the top three drugs involved in treatment admissions, in descending order, were alcohol (average 12,943), marijuana (average 6,491) and methamphetamine (average 5,044). SECTION 6: Treatment Page 197 408 of 554 The Legalization of Marijuana in Colorado: The Impact Vol, 3/September 2015 Data Number of Admissions 8,000 7,000 6,000 5,000 4,000 3,000 2,000 1,000 Treatment with Marijuana as Primary Substance of Abuse, All Ages 2006 2007 2008 2009 2010 2011 2012 2013 2014 SOURCE: Center for Behavioral Health Statistics and Quality, Substance Abuse and Mental Health Services Administration, Treatment Episode Data Set (TEDS) based on administrative data reported by states to TEDS through April 03, 2013 SECTION 6: Treatment Page 198 409 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Nu mbrrof Admissions --Alcohol Drug Type for Treatment Admissions All Ages 16,000 14,000 12,000 10,000 ♦ -Maujuana -A-Cocaine 8,000 6,000 4,000 2000 , 4 PE' A�IIIIIIL .� 0 r2006 2006 2007 2008 2009 12010 - b-Methamphetamine. -41-Heron - 6-Prescription - +-- Other 10,1681 11,721 12,094113,385 13, 866 113,284 56815711 6 5 ,144 6,906 7,085 6,924 2936 3,485 3,464 3,691 3,036 ; 2,519 5087 5,071 5,117 4,945 4,556 14,446 4,366 14,990 1 5677 5,536 ! 1,380T12353 11,499 1,730 1 1,786 2227 12,732 1 3,183 772 892 1 1,029 11,293 11,537 'I 1,738 1,937 12,340 2,266 • 329 355 426 I 530 S7 519 817 I 821 743 2011 12012 2013 13,414 114,811 1 13, 908 12,783 6,688 I7,052 6,817 6,011 2375 1 2,283 1,755 1,526 6,186 3,995 2,076 576 SOURCE: Colorado Department of Human Services, Office of Behavioral Health, 2005 - 2014 c Percent of Admi 6or 5o 40 30 20 10 1- Percent of Marijuana Treatment Admissions by Age Group 2006 ' 2007 2008 2009 2010 2011 2012 2013 2014 -4-12-171 31.2 28.2 28.3 28.7 29 27.7 24.1 22.4 19.8 --F 18-20 13 13.3 13 14 12.9 11.9 12.1 11.2 9.4 20 I 202 19.6 20.2 20.E 19.9 20.5 20.9 22A - -21-25 35.8 I 38.3 39.1 37.1 37.6 40.5 43.3 45.6 48.4 -40-26+ SOURCE: Center for Behavioral Health Statistics and Quality, Substance Abuse and Mental Health Services Administration, Treatment Episode Data Set (TEDS) based on administrative data reported by states to TEDS through April 3, 2015 SECTION 6: Treatment Page 199 P120 410 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Numbero( Admissions 1,600 Marijuana Treatment Admissions Based on Criminal Justice Referrals 1,400 1,202 1,200 H. • 1,000 800 821 600 I- I 400 805 —1,292 1,204 1,204 660 826 1,446 1,347 1,309 1,327�\ 1.306 988 1,030 999 1,054 200 1- 0 791 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 -4-Ages 17 and Under - I -Ages 18-25 SOURCE: Colorado Department of Health Services, Office of Behavioral Health, 2005 - 2014 NOTE: DATA FROM THE COLORADO OFFICE. OF BEHAVIORAL HEALTH IN YEARS 2011 THROUGH 2013 SHOWS THAT APPROXIMATELY 70 PERCENT OF MARIJUANA TREATMENT ADMISSIONS FOR THOSE OVER 18 YEARS OF AGE WERE REFERRALS FROM CRIMINAL JUSTICE AND 30 PERCENT WERE CLASSIFIED AS VOLUNTARY) THIS IS LIKELY A CONTRIBUTING FACTOR FOR THE DROP IN ADMISSIONS FOR MARIJUANA ABUSE. "We have noticed that those presenting with Cannabis Use Disorder are more committed to their use and harder to get through to than in years past. Patients tell us regularly that they will give up other drugs/alcohol but not marijuana and remind us of its legal status. This logic would obviously hold no water with alcohol and is a disturbing trend given that patients telling us this are often in dire straits. Their use/addiction has had and is having extremely detrimental effects on their lives yet they tell us it can't be an issue because marijuana is "legal and non-addictive."2 Sources 1 Colorado Department of Human Services, Office of Behavioral Health, 2005 — 2014 Clinical Director Michael Barnes, PhD, LMFT, Business Development/Community Liaison, CeDAR/University of Colorado Hospital, September 2015 SECTION 6: Treatment Page 1100 P121 411 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 SECTION 7: Diversion of Colorado Marijuana Introduction This section examines whether Colorado legalizing medical and recreational marijuana has established Colorado as a marijuana source state for other parts of the country. There is no mandatory process for law enforcement to report either the seizure or the source of the marijuana. Rocky Mountain High Intensity Drug Trafficking Area (RMHIDTA) contacted some law enforcement entities and requested voluntary reporting of those instances in which Colorado marijuana was seized in their jurisdiction. Only those cases that were completed and are a matter of public record were used in this report. Open or long-term major investigations involving marijuana trafficking from Colorado have been excluded. This section includes: • Interdictions resulting in seizure of marijuana from Colorado • Investigations resulting in seizure of marijuana from Colorado • Cases involving youth trafficking The information compares the early medical marijuana era (2006 - 2008), the medical marijuana commercialization and expansion era (2009 - current) and the recreational marijuana era (2013 - current) in Colorado. • 2006 - 2008: There were between 1,000 and 4,800 medical marijuana cardholders and no known dispensaries operating in Colorado. • 2009 - Current: There were over 108,000 medical marijuana cardholders and 532 licensed dispensaries operating in Colorado by the end of 2012. See the introduction at the beginning of this report for more details on the commercialization and explosion of Colorado's medical marijuana trade. SECTION 7: Diversion of Colorado Marijuana Page 1101 P122 412 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 • 2013 - Current: In November 2012, Colorado voters passed Constitutional Amendment 64 which legalized marijuana for recreational purposes for anyone over 21 years of age. The amendment also allowed for licensed marijuana retail stores, cultivation operations and edibles manufacturing. Definitions Colorado Marijuana Interdiction Seizures: Incidents where highway or state patrols stopped a driver for a traffic violation and subsequently found Colorado marijuana destined for other parts of the country. These interdiction seizures are reported on a voluntary basis to the National Seizure System (NSS) managed by the El Paso Intelligence Center (EPIC). These are random traffic stops, not investigations, and does not include local law enforcement data. Some Findings • During 2009 - 2012, when medical marijuana was commercialized, the yearly average number interdiction seizures of Colorado marijuana increased 365 percent from 52 to 242 per year. • During 2013 - 2014, when recreational marijuana was legalized, the yearly average interdiction seizures of Colorado marijuana increased another 34 percent from 242 to 324. • In 2014, there were 360 interdiction seizures of Colorado marijuana destined for other states. When compared to the pre -commercialization average of 52 from 2005 - 2008, this represents a 592 percent increase. • The total average number of pounds of Colorado marijuana seized from 2005 - 2008 compared to 2009 - 2014 increased 33 percent from 2,763 pounds to 3,671 pounds. • Of the 360 seizures in 2014, there were 36 different states destined to receive marijuana from Colorado. The most common destinations identified were Kansas, Missouri, Illinois, Oklahoma and Florida. SECTION 7: Diversion of Colorado Marijuana Page 1102 413 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 • The top county identified as the source for the marijuana in 2014 was Denver with 63 percent. Data NOTE: THE BELOW CHARTS ONLY INCLUDE CASES WHERE COLORADO MARIJUANA WAS ACTUALLY SEIZED AND REPORTED. IT IS UNKNOWN HOW MANY COLORADO MARIJUANA LOADS WERE NOT DETECTED OR, IF SEIZED, WERE NOT REPORTED. + A 2014 survey of approximately 100 interdiction experts estimates they seize 10 percent or less of what gets through undetected. N umber of Seizu res 400 -, Colorado Marijuana Interdiction Seizures 350 300 �--- 250 -- - -- 200 150 100 50 0 Commerriali?aiio 92 321 288 Legalization 360 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 SOURCE: El Paso Intelligence Center, National Seizure System, as of March 20, 2015 SECTION 7: Diversion of Colorado Marijuana Page 1103 414 of 554 The Legalization of Marijuana in Colorado: The Impact Average Nu tuber of Pounds 4,003 3,500 3,000 2,500 2000 1,500 1,000 500 0 Vol. 3/September 2015 Average Pounds of Colorado Marijuana from Interdiction Seizures 2005-2008 Pre -Commercialization 2009-2014 Post -Commercialization SOURCE: El Paso Intelligence Center, National Seizure System, as of March 20, 2015 Rocky Mountain HIDTA expects the total weight of marijuana seized in the future will likely decrease due to: • More marijuana loads with high THC content and lower weight "buds" as opposed to lower THC content and higher weight bulk. • The increased popularity of hash and hash oil which are high THC, high price and low weight. • Smaller loads with less weight are easier to conceal and more difficult to detect. SECTION 7: Diversion of Colorado Marijuana Page 1 104 415 of 554 The Legalization of Marijuana in Colorado: The Impact Vol, 3/September 2015 States to Which Colorado Marijuana Was Destined (2014) (Total Reported Incidents per State) 2 Wand Nrna. Coksrda NC* A4xian •0 1klMuw lob 2 yr 6 Ohio 1.-w- �a. 8�. f Jf Yapeia Mang.2T� f 6 Mang. 3 ,rar. 1. atm., SOURCE: El Paso Intelligence Center, National Seizure System, as of March 20, 2015 + 21 seizures with undisclosed destination states Top Three Cities for Marijuana Origin Ark Ocean eaSM Wow. Originating City Rank Number of Seizures from Originating City Percentage 1, 2. Denver Yuma Colorado Springs A Few Examples of Interdictions 227 20 14 63.06% 5.56% 3,89% Wyoming Highway Patrol Busy with Colorado Marijuana: The Wyoming Highway Patrol reported that, in the first quarter of 2015, 30 percent of their highway SECTION 7: Diversion of Colorado Marijuana Page 1105 416 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 interdiction seizures involved people traveling to Colorado specifically for the purpose of purchasing and transporting marijuana and THC products to locations outside of Colorado. In one case in March, a highway patrol trooper stopped a vehicle for traffic violations. The officer subsequently found that the driver had failure -to -appear warrants for traffic offenses out of Wyoming and did not have a valid drivers' license. Subsequent to the arrest, officers found close to 5 ounces of high-grade marijuana. The driver told the officer that he had purchased the marijuana from a dispensary in the Steamboat Springs area of Colorado. Georgia Dealer Moves to Colorado for Marijuana Supply: On June 4, 2014, a Mississippi Highway Patrol trooper stopped a vehicle with Georgia plates for a traffic violation. As a result of the traffic stop, the trooper seized 5 pounds of marijuana from Denver, Colorado en route to Atlanta, Georgia. Apparently a Georgia resident moved to Denver so he could qualify for and use Colorado's legalization status to obtain and ship marijuana back to Georgia. The marijuana was referred to as "legal mile -high weed." Scottsbluff, Nebraska Resident Frequents Colorado Dispensaries: On December 20, 2014, a Scottsbluff (Nebraska) Police Department officer stopped a vehicle for a traffic violation. The vehicle was being driven by a female but the vehicle was registered to her boyfriend, both from Scottsbluff. Pursuant to the stop the officer found numerous items of marijuana literature from dispensaries in Denver and containers of marijuana bottles from dispensaries. The female told the officer that her boyfriend frequents marijuana dispensaries. The search further revealed numerous concealment locations in the vehicle. While the officer was conducting the search, the boyfriend arrived and advised the officer that anything found in the vehicle belonged to him. "Old Stuff" (Colorado Marijuana) to Mom's House: On December 17, 2014, a Shawnee County Sheriff's Office deputy stopped a rental vehicle registered in Missouri. The driver, from Denver, Colorado, was en route to Parkville, Missouri allegedly with boxes of "old stuff" to be taken to his mother's house. During this traffic stop the officer found THC butter, 3.9 pounds of high-grade marijuana in 17 different containers, labels from a Colorado dispensary as well as equipment and butane for setting up a marijuana extraction lab. Medical Marijuana Items from Colorado: On January 28, 2015, a South Dakota Highway Patrol officer stopped a vehicle registered in Minnesota for a traffic violation. During the search of the vehicle, the officer found 1 pound of marijuana, lfi pound of SECTION 7: Diversion of Colorado Marijuana Page 1 106 417 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 butane hash oil and 4 pounds of marijuana edibles. According to the officer, almost all of it was medical marijuana items from Colorado. Candy and Gummy Bears from Colorado to Florida: On September 8, 2014, Louisiana law enforcement stopped a rental vehicle for a traffic violation. The vehicle, traveling from Colorado to Tallahassee, Florida, was subsequently searched. The officer found approximately 10 pounds of high-grade marijuana and assorted marijuana edibles, including 3 bottles of sour gummy bears, "Monkey Bar", "Boulder Bar" and "Cookies and Cream." Marijuana Plants and Edibles: In March of 2015, a Kansas Highway Patrol trooper stopped a vehicle, registered in Wisconsin, for a traffic violation. Subsequent to the stop the trooper searched the vehicle and found 4 pounds of marijuana, 44 marijuana plants, 2 tubs of marijuana edibles and 3 marijuana candy bars in the vehicle. The vehicle was coming from Denver, Colorado en route to Wisconsin. Colorado Marijuana and Candy to Montana: On July 27, 2014, a Wyoming Highway Patrol trooper stopped a vehicle with Tennessee plates coming from Denver, Colorado en route to Montana. As a result of the traffic stop the trooper seized over 11 ounces of high-grade marijuana, 1 THC lollipop and 2 THC candies. The driver claimed he was going to Montana to fly fish although there was no fly fishing gear in the vehicle. Over 14 Pounds of Marijuana and Half a Pound of THC Wax: On March 14, 2015, a South Dakota Highway Patrol trooper stopped a vehicle registered in Minnesota for a traffic violation. A subsequent search revealed close to 15 pounds of marijuana and over half a pound of THC wax concealed in a suitcase and bag in the trunk of the vehicle. The vehicle was coming from Denver, Colorado en route to Rapid City, South Dakota. 120 Pounds and Edibles: In December of 2014, Kansas Highway Patrol troopers stopped a vehicle registered in Georgia for a traffic violation. Subsequent to the stop, the trooper discovered 120 pounds of marijuana and a half pound of marijuana edibles inside the vehicle. The vehicle was coming from Denver, Colorado en route to Missouri. Marijuana and Edibles Destined for Lincoln, Nebraska: On April 4, 2015, a Colorado State Patrol trooper stopped a rental vehicle for a traffic violation. During the stop, the trooper discovered 30 pounds of marijuana and 3,200 milligrams of marijuana SECTION 7: Diversion of Colorado Marijuana Page 1107 418 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 edibles concealed in a suitcase and duffel bag in the trunk. The vehicle was headed to Lincoln, Nebraska from Denver, Colorado. U-Haul with Marijuana: In July of 2014, a Kansas Highway Patrol trooper stopped a vehicle towing a U-Haul trailer for traffic violations. During the traffic stop, the vehicle was searched and 67 pounds of marijuana, along with 17 pounds of marijuana edibles, were found inside the vehicle. The vehicle was coming from Denver, Colorado en route to Missouri. Colorado to Minnesota: On January 24, 2015, a South Dakota Highway Patrol trooper stopped a vehicle registered in Minnesota for a traffic violation. A subsequent search revealed 3 pounds of marijuana and 44 grams of THC wax as well as a loaded 9 mm handgun. This vehicle was coming from Fort Collins, Colorado en route to Minnesota. Colorado Marijuana to Virginia: On April 6, 2015, a Nebraska State Patrol trooper stopped a vehicle registered in Virginia for a traffic violation. A subsequent search revealed over 7 pounds of marijuana as well as marijuana edibles concealed inside a suitcase in the trunk of the vehicle and backpacks throughout the vehicle. The vehicle was coming from Colorado en route to Virginia. 168 Pounds Seized in South Carolina Two individuals from Colorado were arrested in Cherokee County, South Carolina after a traffic stop revealed approximately 168 pounds of marijuana. According to arresting officers, the marijuana was destined for Charlotte, North Carolina and worth approximately $900,000.' Troopers Seize 33 Pounds of Pot: In November, 2014, Texas Department of Public Safety troopers seized 33 pounds of marijuana during a traffic stop. The two occupants of the vehicle who were arrested had just come from Colorado and were suspected of transporting the marijuana back to Ashville, North Carolina.2 34 Pounds Found in Pennsylvania Rental Vehicle: On January 11, 2015, a Nebraska State Patrol trooper stopped a vehicle for a traffic violation. This rental vehicle, registered out of Pennsylvania, was coming from Colorado en route to Mason City, Iowa. The trooper subsequently discovered 34 pounds of marijuana concealed inside two duffel bags in the trunk of the vehicle. 242 Pounds of Marijuana Seized: On April 11, 2014, a Nebraska State Patrol trooper stopped a vehicle for a traffic violation. A subsequent search revealed 242 SECTION 7: Diversion of Colorado Marijuana Page 1108 P129 419 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 pounds of marijuana found under the bed of the truck. The vehicle was coming from Denver, Colorado en route to Rochester, New York. 53 Pounds Destined for Wisconsin: On February 19, 2015, a South Dakota Highway Patrol trooper stopped a vehicle registered in Wisconsin. A subsequent search of the vehicle revealed 53 pounds of marijuana concealed in the trunk. This vehicle was coming from Colorado en route to Wisconsin. 10 Pounds Destined for Cedar Falls, Iowa: On October 20, 2014, an Iowa State Patrol trooper stopped a vehicle for a traffic violation. The trooper subsequently discovered 10 pounds of marijuana concealed inside two bags in the back seat of this pick-up truck. The driver came from Aurora, Colorado and was en route to Cedar Falls, Iowa. 5 Pounds Destined for College Town: On December 13, 2014, an Iowa State Patrol trooper stopped a vehicle for a traffic violation. The trooper subsequently discovered 5 pounds of marijuana concealed inside the inner lining of a suitcase that was located in the trunk of the vehicle. The vehicle was coming from Denver, CO en route to Ann Arbor, Michigan. New Jersey Rental Transporting Marijuana to Minnesota: On March 6, 2015, an Iowa State Patrol trooper stopped a vehicle for a traffic violation. A subsequent search revealed 6 pounds of marijuana concealed inside the spare tire area of the trunk of the vehicle. The rental vehicle, registered in New Jersey, was coming from Colorado en route to Twin Cities, Minnesota. Yuma, Colorado to Boston, Massachusetts: On March 8, 2014, an Ohio Highway Patrol trooper stopped a vehicle for traffic violations. During the stop, the trooper seized over 45 kilograms of marijuana. The vehicle was coming from Yuma, CO en route to Boston, Massachusetts. 55 Pounds to Columbia, Missouri: On October 25, 2014, Missouri Highway Patrol troopers pulled over a vehicle for traffic violations. During the stop, a subsequent search was conducted and the troopers discovered 55 pounds of marijuana. The vehicle, registered in Texas, was coming from Yuma, CO en route to Columbia, Missouri. SECTION 7: Diversion of Colorado Marijuana Page 1109 420 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Illinois Stops Marijuana Destined for Ohio: On October 23, 2014, Illinois State Police stopped a vehicle traveling from Denver, Colorado to Akron, Ohio. During the traffic stop officers, assisted by a K9, seized 8 pounds of high-grade marijuana vacuum - sealed and placed in two duffel bags in the trunk. 36 Pounds Destined for Florida: In January of 2015, a Kansas Highway Patrol trooper stopped a vehicle for traffic violations. Subsequent to the stop, the trooper discovered 36 pounds of high-grade marijuana inside the vehicle. This vehicle, registered in Florida, was coming from Denver, Colorado en route to Florida. Marijuana to Kentucky: In April of 2015, a Kansas Highway Patrol trooper stopped a vehicle with Texas registration for a traffic violation. A subsequent search of the vehicle revealed 24 pounds of marijuana concealed inside the vehicle. The vehicle was coming from Denver, Colorado en route to Kentucky. Marijuana to New Mexico: On September 4, 2014, a Colorado State Patrol trooper stopped a vehicle registered in New Mexico for a traffic violation. During the stop the trooper discovered 32 pounds of marijuana in a duffel bag in the trunk of the car. The vehicle was coming from Denver, Colorado en route to Roswell, New Mexico. 38 Pounds to Sioux Falls, South Dakota: On September 18, 2014, a Colorado State Patrol trooper stopped a vehicle for traffic violations. During the stop, the trooper discovered 38 pounds of marijuana in brand new Luggage that was purchased in Denver specifically for the purpose of storing the marijuana in the trunk. The vehicle was coming from Denver en route to Sioux Falls, South Dakota. Trick or Treat Bag with Marijuana: On November 1, 2014, a Wyoming Highway Patrol trooper stopped a vehicle for speeding. When asked, the driver admitted she did not have registration for the vehicle and that she was coming from Colorado en route to Wamsutter, Wyoming. The trooper subsequently found eight plastic bags containing over 7 ounces of high-grade marijuana that were concealed in a plastic trick or treat bag. Colorado Marijuana to North Dakota: On December 5, 2014, a Colorado State Patrol trooper stopped a vehicle for a traffic violation. The vehicle was coming from Denver, Colorado en route to Grand Forks, North Dakota. During the stop, the trooper seized 15 pounds of marijuana wrapped in a vacuum -sealed container found in a suitcase and duffel bag in the trunk. SECTION 7: Diversion of Colorado Marijuana Page 1 110 P131 421 of 554 The Legalization of Marijuana in Colorado: The Impact VoI. 3/September 2015 A Few Examples of Investigations NOTE: THE EXAMPLES BELOW ARE ONLY A SMALL SAMPLE OF THE MANY INVESTIGATIONS INVOLVING COLORADO MARIJUANA CITED BY VARIOUS DRUG UNITS. Colorado "Medical" Marijuana Sold in Springfield, Missouri: Based on a tip, Springfield (Missouri) P.D. officers secured a search warrant on the home of a drug dealer. Pursuant to the warrant, officers seized half a pound of marijuana, $2,000 in cash and nine weapons. Records show that one of the suspects had removed some of the contraband from the residence prior to police executing the warrant. They also seized items consistent with a THC extraction lab. Both suspects face charges of possession with intent to distribute a controlled substance. According to the news article: "A pair of Springfield men have been arrested and accused of collecting medical marijuana in Colorado and selling it in southwest Missouri."' Caregiver and 425 Pounds of Colorado Marijuana in Nashville: Two Breckenridge residents were arrested in a drug bust in Nashville, Tennessee where officers seized 425 pounds of marijuana, 4 pounds of hashish and $355,000 in cash. "Nashville police say Breckenridge's Christopher Steven Crumbliss, 39, and Tasha Desmond, 21, were part of a group traveling around the country illegally selling high- grade marijuana from Colorado." Crumbliss had a history of brushes with the law connected with marijuana cultivation and distribution activities but claimed to be a caregiver. In 2007 he and his wife, Tiffany, were charged in Larimer County (Colorado) with marijuana cultivation and possession with intent to distribute. They argued they were protected under the caregiver provision of Colorado medical marijuana law. Charges against Tiffany were dropped and Christopher Crumbliss plead guilty but was given probation in Lieu of prison. A year later Larimer County Sheriff's Depaitment and DEA served search warrants at the Crumbliss' three homes in Larimer County and Blue River, seizing more than 200 plants and 20 pounds of finished product. There were no criminal charges filed. Tiffany Crumbliss is the owner of Soul Shine Medical Consulting, a medical marijuana dispensary in Breckenridge. She categorically denies that the marijuana seized in Nashville came from her business.4 "Weak Enforcement" Leads to Colorado Marijuana Trafficking Organizations: In March 2015, Colorado law enforcement secured indictments against 32 people accused of being part of a multi -million dollar organization growing marijuana in Colorado for distribution out of state. This group, although growing illegally, had warehouses in areas populated by licensed commercial marijuana growers. The organization operated under the false pretense of being medical marijuana caregivers. "Their real goal, SECTION 7: Diversion of Colorado Marijuana Page 1111 P132 422 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 according to the indictment, was to use Colorado's laws and commercial marijuana industry to 'hide in plain sight."' "Organization members 'subjectively felt Colorado's weak regulatory enforcement structure afforded them the easiest opportunity to conduct illegal marijuana and distribution activity with little to no consequences from law enforcement and civil regulators,' the indictment states." Apparently most of the marijuana, estimated at 400 pounds monthly, was exported primarily to Minnesota. In fact, an individual with a skydiving business is accused of using company aircraft for marijuana shipments between Colorado and Minnesota or Texas. Apparently this individual was stopped in Kansas and found to be in possession of 66 pounds of marijuana and $330,000 in cash.5 Sex Trafficking and Drugs: "Denver has evolved into a breeding ground, officials say, for sex -traffickers who lure young runaways, often in exchange for drugs, into the underground business." "Tom Ravenelle with the FBI said he's seeing more print and online advertisements - chock-full of keywords like '4-20 friendly' - that attract young girls." "A former prostitute who said she traded sex for marijuana talked to CBS4 anonymously about her experience." Apparently she ran away when she was 17 and fell into prostitution, bartering sex for drugs and didn't leave until more than two decades. "I traded for marijuana because that was my vice," she said. "I needed to escape."' Legalization of Marijuana and Sex Tourism: • The legalization of marijuana is fueling a sex tourism industry in Colorado. • "Several victims were brought to Colorado specifically because of the availability of marijuana and the state being'420-friendly`."a Outlaw Motorcycle Gang Affiliate Trafficking in Colorado Marijuana: In September 2014, Colorado law enforcement initiated an undercover operation involving the sale of large quantities of marijuana. A suspect sold an undercover agent 1 pound of marijuana for $2,300 and negotiated the sale of an additional 30 pounds of marijuana. Just prior to completing the sale, officers served a search warrant at the unregistered warehouse and the suspect's residence. Officers seized a sophisticated marijuana grow operation with 198 marijuana plants and approximately 31 pounds of marijuana. The entire investigation resulted in 2 arrests and the seizure of 1,600 marijuana plants, 36 pounds of processed marijuana, 22 firearms and over $100,000 in cash." 1,100 Marijuana Plants in Lafayette, Colorado: David Melvin, 44, and Katie Melvin, 31, were arrested for growing 1,100 marijuana plants inside their home in Lafayette, Colorado. The two claimed the marijuana grow was legal, although the Colorado Department of Revenue "asserts that neither Kingsley [Katie Melvin's former SECTION 7: Diversion of Colorado Marijuana Page 1112 P133 423 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 business partner] nor the Melvins had any existing applications with the state, or with the city or county of Denver, with whom Katie told police she had applied."9 Pot Delivery Services Thriving in Colorado's Black Market: "Legalizing marijuana was supposed to largely eliminate the black market for pot, but a CBS4 Investigation found dealers have come off the street corner and onto the Internet, openly posing as legitimate delivery services. In just three hours, we contacted three delivery services and had marijuana products delivered all over Denver. The services claim to be perfectly legal because nothing was for sale. Instead of payment, buyers were expected to pay a pre -specified, cash 'donation'." In one case, a CBS4 employee appearing under age answered an ad for marijuana for a "$35 donation." When the marijuana delivery service arrived, the delivery man said that he had to get the money first and that he got the marijuana from a friend who was a grower for a dispensary. Another CBS4 employee responded to an ad for "Delicious Edibles for Donation." When ordering by text, the CBS4 employee asked if they were strong and the reply was, "Yes, will have a morbidly depressed person laughing on the floor." In the third case, the delivery driver claimed to be the chef who made the edibles and arrived with pre -packaged candies. Apparently they offered a full menu and the CBS4 employee ordered a $60 sampling but again there was no proof of age required. The delivery service offered to ship bulk orders. None of these delivery services would be interviewed on camera.70 Springfield Inundated by High-grade Marijuana from Colorado: Springfield, Missouri drug investigators are seeing an influx of high-grade marijuana, particularly from Colorado. A highway patrol sergeant says that the more potent marijuana has driven up the prices. In 2013, the Missouri State Highway Patrol seized 1,071 pounds of marijuana and approximately 1,700 pounds in 2014. So far in 2015, January through June, they seized more than 1,000 pounds. They also say that they have seen a huge increase in marijuana -infused food products.11 Medical Marijuana Scam Leads to Residence Turned Into Pot Farm: In June of 2015, a Colorado woman thought she was renting her home to a sweet couple from Florida who needed a place to live. What she didn't realize is this sweet couple was actually engaged in marijuana cultivation and trafficking. Apparently the couple turned the unfinished 2,800 sq. ft. basement into an elaborate marijuana cultivation facility. She said they had been cleaning up the mess for a week and that the tenants caused tens of thousands of dollars in damage. She said, "It absolutely makes me sick to my stomach." Apparently the tenant stated that his doctor had prescribed him 75 plants as well as his cousin and his cousin's wife. He claimed he was in compliance with the law. The lady who owned the home thought she was renting to a couple who SECTION 7: Diversion of Colorado Marijuana Page 1113 424 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 were going to start a senior care service. Little did she know that the man had served 3- 1/2 years in prison for trafficking more than a ton of marijuana.12 Colorado Marijuana to Illinois and Georgia: In January 2015, Colorado law enforcement conducted an undercover operation into a marijuana trafficking organization shipping Colorado marijuana to Illinois and Georgia. The operation resulted in several undercover purchases of marijuana and a search warrant for the primary location. Pursuant to the search warrant, a 456 marijuana plant grow, a hash oil lab and 28 weapons were seized.13 Yellowstone Sees Rise in Marijuana Cases: "An increasing number of visitors to Yellowstone National Park are being prosecuted for possession small amounts of medical and recreational pot, which remains illegal on federal land." Park rangers attribute this increasing trend to ignorance of federal law and the growing prevalence of legal marijuana, including neighboring Colorado. In 2010, there were only 21 marijuana cases in Yellowstone which more than doubled in 2013 and quadrupled in 2014 as of December 17, 2014. There were 52 cases in 2013 and, as of December 17, 2014, 80 cases handled by the U.S. Attorneys Office in October 2013. An artist from Hawaii was pulled over for speeding and park rangers subsequently found 3 grams of marijuana which he admitted to purchasing in Colorado.74 Oklahoman Busted with 85 Pounds of Colorado Marijuana: In December 2014, two days after Oklahoma officials filed a lawsuit against the state of Colorado, a Tulsa subject was arrested with 85 pounds of marijuana and $20,000 in cash. Apparently the man and a mother -daughter team from Broken Arrow, Oklahoma were taking the marijuana to Tulsa. Officers found receipts showing that the three had gone to Colorado where they had purchased the marijuana.75 Undercover Operation in Boulder: On May 9, 2014 Boulder Police Department arrested six adults and one juvenile after a month -long undercover investigation. Apparently this group was responsible for distributing marijuana and psychedelic mushrooms to juveniles and adults in and around the Central Park area. The involved officers believe the marijuana was purchased from a local medical marijuana dispensary.16 Forged Marijuana Business Licenses: Anna Cozy, 36, was charged with forging marijuana business licenses. "The charges allege that Cozy was running a marijuana business in Denver and provided phony business licenses to inspectors."17 SECTION 7: Diversion of Colorado Marijuana Page 1114 425 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Colorado Marijuana -Infused Candy in Maryland: Prince Georges County (Maryland) police seized several boxes of candy that were infused with marijuana. The boxes were destined for Laurel, Maryland coming from Colorado and the West Coast. The candy included taffy, mint chocolate bars, blueberry chocolate bars and banana - walnut chocolate bars. The police put out a warning to parents to be aware of such products saying they are easily confused with real candy.'a State Shuts Down Pot Shops: The Department of Revenue has around 55 fulltime employees to keep "a closer eye" on over 2,000 marijuana businesses. However, in 2014 55 medical marijuana businesses closed compared to 35 during the 3 previous years combined. Some of the reasons for the closures include a dispensary with 4,000 ounces of marijuana beyond their per -patient limit, neglecting to implement required inventory tracking, failing to provide evidence that at least 70 percent of their stock was self - grown, insufficient internal cultivation and other violations of regulations. "In October, the Herbal Center in Denver was closed for a laundry list of infractions, including having more than 200 pounds of excess marijuana on its medical side, evidence of consumption on the premises, operating before obtaining a local license, inventory tracking errors and insufficient security." In Carbondale (Colorado) in 2011 the owner of Mother Earth Dispensary was arrested on charges of selling marijuana to unlicensed buyers and selling cocaine to undercover law enforcement officers.19 Craigslist Pot Sellers: Three men were arrested for selling 4-1/4 pounds of marijuana for $10,000. An undercover officer found a posting for an online marketplace for marijuana and made a contact. He made arrangements for the undercover purchase, meeting two of the individuals at one location and driving to another which was a licensed marijuana retailer. It was there they met another individual who was an employee of the retail marijuana operation who had a backpack full of marijuana. This individual "had been buying thousands of dollars` worth of marijuana from his employer, according to the [Denver Police Department's] Facebook post."20 2,630 Marijuana Plants in an Outdoor Grow on Public Land: On October 1, 2014 federal and local law enforcement seized an outdoor marijuana cultivation site with 2,630 marijuana plants on White River National Forest land. This grow operation was well tended by the growers. It had black piping supplying water to the grow operation from a stream that was dammed up to collect the water. Officers reported tents, food, shovels, tarps, weed spreader and other items for the grow operation, including piles of trash throughout the grow site?' SECTION 7: Diversion of Colorado Marijuana Page 1115 P136 426 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3ISeptember 2015 A Few Examples of Diversion Involving Youth Teacher Accused of Providing Pot to Students: A high school teacher in Thornton, Colorado was fired for allegedly providing marijuana to students. "One parent told FOX31 Denver, 'My daughter is a senior at Pinnacle and she said that kids have been buying edibles as well as regular marijuana from her.'"22 Teen Shot During Hash Oil Deal: A man, with a female teenager, made arrangements over Facebook to buy "marijuana wax" (hash oil). When they met to consummate the transaction, one of the suspects got out of the vehicle and robbed the man at gunpoint. The man then drove after the suspect's vehicle from which a shot was fired, hitting the 16-year-old teenager and a dog that was in the man's vehicle 23 Mother Provided Marijuana to Son Who Jumped From Window: The mother of a 19-year-old teenager was arrested for providing a marijuana edible brownie to her son. On April 14, 2015, the young man consumed one dose of edible marijuana brownie and started acting strangely. According to witnesses, he ran toward the living room window and jumped three stories to the ground. A neighbor reports that he heard the window shatter when the young man jumped and found him lying bloodied on the ground. Reports indicate he was covered in glass and blood but was confused when he ran up to him to ask for help. According to a neighbor, the young man didn't realize he had jumped from a window.24 Mom Supplies Marijuana Edibles: In February 2015, a 14-year-old was taken by ambulance to a hospital after eating homemade marijuana -infused candy. The student obtained the candy from a fellow student who brought it to school after his mom had made it at home. The mother, who claims to be a consultant for marijuana manufacturing, stated that the candy did not contain any marijuana. Apparently the Colorado Bureau of Investigation disagreed as analysis of the candy revealed it did contain marijuana. The mother will be charged with contributing to the delinquency of a minor.25 Girl Eats Father's Marijuana -Laced Bar: A young Wisconsin girl ate a THC-laced chocolate bar that was purchased in Colorado and brought back to Wisconsin. The girl said she found the bar in the dresser drawer of her father's bedroom. When school officers were alerted, the young girl's pulse was so weak that the officers were unable to read it. When officers served a search warrant at the girl's residence, they found infused marijuana labeled as being medicinal THC. The officers also seized hash oil, a concentrated form of THC.26 SECTION 7: Diversion of Colorado Marijuana Page 1116 427 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Some Examples from School Resource Officers27 Middle School Drug Organization: "On an incident three students, one -sixth, seventh and eighth graders, were involved in sale, transport and exchange of marijuana. One of the students was the salesman the other would transport the weed and Last student would collect the money. All the students were reported by the buyer. All received a citation." Medical Marijuana "Patient" Sells at High School: "19 years of age non -student leaves medical marijuana dispensary and drives straight to my high school. The non - student was able to blend in inside the school and was attempting to sell his medical marijuana to students in the lunch room. He went to jail. Approximately three ounces of marijuana was recovered from his car in the parking lot." Mom is Source: "In February 2015, a high school student was contacted on campus with marijuana and marijuana edibles that she was given by her mother who legally obtained them recreationally." Dispensary Marijuana: "More than 50% of confiscated marijuana was in dispensary containers." Grow Operation "Discards": "Students are retrieving discards from a grow operation to re -sell as true product. Charged with felony distribution." 13-Year-Old Dealer: "In February 2014, a 13 year old was dealing marijuana to two other students after stealing marijuana from his father's medical supply." 10-Year-Old Dealer: "A ten year old boy selling marijuana to other ten year olds on school grounds. Boy got the drugs from parents stuff." Lock and Key: loth grade student takes approximately three ounces of medical marijuana from parents inventory and brings it to school where he was attempting to sell it to other students. Parents were adamant that he couldn't have got it from their supply as they have the only key to gain access to it. They were wrong." SECTION 7: Diversion of Colorado Marijuana Page E 117 P138 428 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Some Examples from School Counselors28 Dealing Pot at School: • "Last spring we had a 10th grade student who sold marijuana to another student in the men's faculty bathroom." • "October, 2014. 7th grade students reported another 7th grader trying to sell marijuana at school. He was searched and the substance was found. Got it from dad's supply." • "A seventh grade student was caught selling edibles to classmates in the hallway. The student was suspended. An 8th grade student was caught carrying a knife and an empty container of marijuana in his backpack. He was also suspended. Ironically, he was one of the students. Who was caught buying the brownies from the 7th grade student." Comments Nebraska Sheriff Speaks Out Against Marijuana Source: Adam Hayward, the sheriff of Deuel County, Nebraska, which is right by the state line with Colorado, says he has "arrested all sorts of people carrying marijuana back from Colorado along Interstate 76: teenagers making weekend runs to Denver and once a 67 year old grandmother." In reference to a 75 pound seizure of marijuana, he stated that the pot came from a marijuana growing facility in Colorado.24 Sidney, Nebraska Chief of Police Rolls Eyes at Colorado Ads: The Chief of Police of Sidney, Nebraska felt that the radio ads by the Colorado Department of Public Health and Environment telling people not to take marijuana out of the state were a joke. He says, "Do you really think that somebody listening to that is going to say, `Oh, they said on the radio I shouldn't take my marijuana back into Nebraska. So because they said it on the radio and I got a warning, I'm gonna listen to it'? Nah." Since Colorado has had retail stores, police in rural counties that border Colorado are reporting big increases in illegal marijuana trafficking. The chief says they have seen a 50 percent increase during that time.30 Black Market is Thriving in Colorado: Colorado Attorney General Cynthia Coffman, in referencing the marijuana black market, stated "Don't buy that," she told the room (fellow state attorneys general at a professional conference in February). "The criminals are still selling on the black market. ...We have plenty of cartel activity in Colorado (and) plenty of illegal activity that has not decreased at all."31 SECTION 7: Diversion of Colorado Marijuana Page 1118 P139 429 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Oklahoma Sheriff's Deputy Reference Colorado Marijuana: "We're running into more people with marijuana out of Colorado - just a regular, old traffic stop," said Dillon March, a sheriff's deputy in Custer County, Oklahoma who regularly patrols Interstate 40, a major east -west freeway stretching across the country. "They'll drive to Colorado, they'll pick it (marijuana) up, and they'll drive back to where they're from, whether that be Oklahoma, Texas, Missouri or Arkansas."32 Sources Carla Field, WYFF4.com, January 13, 2015, "Traffic stop yields more than $900K worth of pot," <http://www.wyff4.com/news/Traffic-stop-yields-mare-than-900K- worth-of-pot/30682306>, accessed January 13, 2015 2 JC Cortez, Amarillo GIove-News/Amarillo.com, November 21, 2014, "Troopers seize 33 pounds of pot," <ht1p://arnarillo.com/news/local-news/2014-11-21/troopers-seize-33- pounds-pot>, accessed November 21, 2014 3 Harrison Keegan, Springfield News -Leader, December 8, 2014, "Police say men collected medical pot in Colorado and sold it in Springfield", <http://www.news- leader. com/story/news/local/ozarks/2014/12/08/police-say-men-colle cted-medical-pot- colorado-sold-springfield/20100513/>, accessed December 10, 2014 4 Ben Trollinger, Summit Daily, December 1, 2014, "Two Breckenridge residents charged in Nashville marijuana bust netting 4251bs. of pot", <http://www. summitdaily. com/news/14058026-113/marijuana-crumbliss-chase- county>, accessed December 1, 2014 5 John Ingold, The Denver Post, March 25, 2015, "32 indicted in massive Colorado marijuana trafficking investigation", <http: //www. denverpost.cam/news/ci_27783732/32-indicted-massive-colorado- marijuana-trafficking-investigation>, accessed June 23, 2015 6 CBS4 News/Denver, September 1, 2014, "Sex -Trafficking Lures Increasing In Denver, Officials Say," <http://denver.cbslocal.com/2014/09/01/sex-trafficking-lures- increasing-in-denver-officials-say/>, accessed April 15, 2015 Colorado Springs Police Department, "2014 Year -End Human Trafficking Demographic Report," February 3, 2015 SECTION 7: Diversion of Colorado Marijuana Page 1119 430 of 554 The Legalization of Marijuana in Colorado: The Impact Vol, 3/September 2015 8 Rocky Mountain High Intensity Drug Trafficking Area, 2015 9 Alex Burness, Daily Camera, January 31, 2015, "1,100 marijuana plants uncovered at alleged illegal grow in Lafayette," <http://www.dailycamera.com/top- stories/ci_27436704/1-100-marijuana-plants-uncovered-at-alleged-illegal>, accessed February 1, 2015 70 Denver (CBS4), "Pot Delivery Services Thriving In Colorado's Black Market," May 6, 2015, <http://denver.cbslocal.cam/2015/05/06/pot-delivery-services-thriving-in- colorados-black-market/>, accessed May 7, 2015 11 KCTV 5 News, Kansas City, "Springfield inundated by high-grade marijuana from Colorado, June 29, 2015, <http://www.kctv5.com/story/29430277/springfield-inundated- by-high-grade-marijuana-from-colorado>, information from Springfield News -Leader, <http://www.news-leader.com>, accessed June 30, 2015 12 Brandon Rittiman, KUSA-Channel 9 News, June 8, 2015, "Renters turn house into pot farm," <http://www.9news.com/story/news/local/2015/06/08/renters-turn-house- into-pot-farm/28713457/>, accessed June 9, 2015 13 Rocky Mountain High Intensity Drug Trafficking Area op cit 14 Ben Neary, Associated Press, January 4, 2015, "Yellowstone sees rise in marijuana cases," <http://www.tri-cityherald.com/2015/01/04/3341300_yellowstone-sees-rise-in- marijuana.html?sp=/99/900/1154/&rh=1#storylink=cpy>, accessed January 4, 2015 15 KOCO-TV (Oklahoma City), December 24, 2014, "Police say Tulsa man busted with Colorado pot," <http://www.koco.com/news/Police-say-Tulsa-man-busted-with- Colorado-pot/30389266>, accessed December 24, 2014 16 Mitchell Byars of the Daily Camera, The Denver Post, Saturday, May 10, 2014, page 16A NEWS section, "Seven arrested in drug bust by Boulder police" 77 Anthony Cotton, The Denver Post, December 17, 2014, "Woman charged with forging marijuana business licenses", <http: //www. denverpost. com/news/ci_27156731 /woman -charged -forging -marijuana - business -licenses>, accessed December 17, 2014 SECTION 7: Diversion of Colorado Marijuana Page 1120 431 of 554 The Legalization of Marijuana in Colorado: The Impact Vol, 3/September 2015 18 Associated Press, The Washington Times, October 31, 2014, "Maryland police seize marijuana -infused candy," <http://www.washingtontimes.corn/news/2014/oct/31/maryland-police-seize-marijuana- laced-candy/>, accessed November 1, 2014 791 Will Grandbois, Glenwood Springs Post Independent, December 9, 2014, "State closes dozens of med pot shops in'14", <http://www.aspentimes.com/news/14170766- 113/marijuana-medical-recreational-state>, accessed December 9, 2014 20 Noelle Philips, The Denver Post/Denver and The West Section, Sunday, May 10, 2015, "Denver police say three men tried to sell pot using Craigslist," <http ://wwwdenverpost. com/news/ci_28079525/denver-police-s ay -three -men -tried -sell - pot>, accessed May 10, 2015 21 Two Rivers Drug Enforcement Team, e-mail June 16, 2014 "MJ Grow in Pitkin County" 22 Justin Joseph, KDVR-TV/Fox 31 Denver, February 12, 2015, "Teacher at Pinnacle Charter High School fired, accused of providing pot to students," <http://kdvr.com/2015/02/12/te acher-at-pinnacle-charter-high-school-fired-accused-of- providing-pot-to-students/>, accessed February 13, 2015. 23 Robert Garrison, 9News-KUSA, March 18, 2015, "Teen shot during hash oil deal outside Aurora Target," <hEtp://www.9news.com/story/news local/2015/03/17/teen-dog- shot-in-robbery-at-aurora-target/24942985/>, accessed May 7, 2015 24 CBS4Denver, April 23, 2015, "Mom Arrested For Allegedly Giving Edibles To Son Who Jumped From 3rd Story," <http://denver.cbslocal.com/2015/04/23/mom-arrested- pot-edibles-teen-jumped-third-story/>, accessed May 6, 2015 25 E-mail from Sergeant Jim Gerhardt, Thornton Police Department, "Marijuana Incident", April 1, 2015 26 Brenna Linsley, The Chippewa Herald/Associated Press, August 31, 2014, "Girl eats father's marijuana -laced bar", <http://chippewa.com/news/local/complaint-girl-eats- father-s-marijuana-laced-bar/article_da742ff8-a4e8-57eb-b408-5272d0055d2f.html>, accessed August 31, 2014 27 Colorado Association of School Resource Officers written survey, Rocky Mountain HIDTA, 2015 SECTION 7: Diversion of Colorado Marijuana Page 1121 432 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 28 School Counselor survey by Rocky Mountain HIDTA 29 Alison Stewart, PBS Newshour (transcript), February 14, 2015, "Between a rock and cannabis: How neighboring states struggle when pot becomes legal," <http://www.pb s.org/newshour/bb/rock-cannabis-neighboring-states-struggle-pot- becomes-legal/>, accessed February 14, 2015 3o Kirk Siegler, National Public Radio, February 3, 2015, "Nebraska Says Colorado Pot Isn't Staying Across The Border," <http: //www.npr. org/2015/02/03/382646498/nebrask a-says-colorado-pot-isnt-staying-on- its-side-of-the-border>, accessed February 4, 2015 37 The Gazette, March 23, 2015, "Special report, 'Clearing the Haze:' Black market is thriving in Colorado," <http://gazette.com/black-market-is-thriving-in- colorado/article/1548305>, accessed March 24, 2015 32 The Gazette, March 23, 2015, "Special report, `Clearing the Haze:Black market is thriving in Colorado," <http://gazette.com/black-market-is-thriving-in- colorado/article/1548305>, accessed March 24, 2015 33 School Counselor survey by Rocky Mountain HIDTA SECTION 7: Diversion of Colorado Marijuana Page 1 122 433 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 SEC710N 8: Diversion by Parcel Introduction This section examines whether Colorado's legalized medical marijuana industry and the recent legalization of marijuana for recreational use has established Colorado as a source state for marijuana for other parts of the country. The use of parcel packages as a drug transportation method has gained popularity with drug traffickers. The available information compares the years 2009 through 2013 considered the medical marijuana commercialization/expansion era (2009 - current) and the recreational marijuana era (2013 - current) in Colorado. • 2006 - 2008: There were between 1,000 and 4,800 medical marijuana cardholders and no known dispensaries operating in Colorado. • 2009 - Current: There were over 108,000 medical marijuana cardholders and 532 licensed dispensaries operating in Colorado by the end of 2012. See the introduction at the beginning of this report for more details on the commercialization and explosion of Colorado's medical marijuana trade. • 2013 - Current: In November 2012, Colorado voters passed Constitutional Amendment 64 which legalized marijuana for recreational purposes for anyone over 21 years of age. The amendment also allowed for licensed marijuana retail stores, cultivation operations and edibles manufacturing. Some Findings • From 2010 - 2014, the number of intercepted U.S. mail packages of marijuana from Colorado, has increased 2,033 percent from 15 to 320. • In just one year, from 2013 to 2014 when retail marijuana businesses began operating, there was a 55 percent increase in Colorado marijuana packages seized in the mail. SECTION 8: Diversion of Colorado Marijuana by Parcel Page 1123 434 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 • From 2010 — 2014, the total pounds of marijuana seized from U.S. packages mailed from Colorado has increased 722 percent from 57 to 470 pounds. • Between 2010 and 2014, the number of states destined to receive marijuana mailed from Colorado has increased each year from 10 to 38. • From 2006 — 2008, compared to 2013 — 2014, the average number of parcels containing Colorado marijuana seized that were destined outside the United States increased over 7,750 percent and the pounds of marijuana seized in those parcels increased over 1,079 percent. Data NOTE: THESE FIGURES ONLY REFLECT PACKAGES SEIZED; THEY DO NOT INCLUDE PACKAGES OF COLORADO MARIJUANA THAT WERE MAILED AND REACHED THE INTENDED DESTINATION. INTERDICTION EXPERTS BELIEVE THE PACKAGES SEIZED WERE JUST THE "TIP OF THE ICEBERG." Number of Parcels Parcels Containing Marijuana Mailed from Colorado to Another State 2009 2010 2011 2012 2013 2014 SOURCE: United States Postal Inspection Service, Prohibited Mailing of Narcotics, as of January 21, 2015 SECTION 8: Diversion of Colorado Marijuana by Parcel Page 1124 P145 435 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 600 500 I400 W c 300 200 100 0 Pounds of Colorado Marijuana Seized by the U.S. Postal Inspection Service Le atizatian 2009 2010 2011 2012 2013 2014 SOURCE: United States Postal Inspection Service, Prohibited Mailing of Narcotics, as of January 21, 2015 Number of Different States 25 15 10 Number of States Destined to Receive Marijuana Mailed from Colorado Legalization ommerciaiization 10 2009 2010 1. 2011 2012 2013 SOURCE: United States Postal Inspection Service - Prohibited Mailing of Narcotics 38 2014 SECTION 8: Diversion of Colorado Marijuana by Parcel Page 1125 436 of 554 The Legalization of Marijuana in Colorado: The Impact Vol, 31September 2015 NOTE: INFORMATION ON THIS PAGE (PG. 12b) WAS REMOVED AS IT WAS DISCOVERED TO BE INACCURATE INFORMATION RELATED TO SOME COLORADO PARCELS OF MARIJUANA BEING SENT OUTSIDE THE UNITED STATES. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK SECTION 8: Diversion of Colorado Marijuana by Parcel Page 1126 437 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 NOTE: INFORMATION ON THIS PAGE (PG. 127) WAS REMOVED AS IT WAS DISCOVERED TO BE INACCURATE INFORMATION RELATED TO SOME COLORADO PARCELS OF MARIJUANA BEING SENT OUTSIDE THE UNITED STATES. A Few Parcel Examples ❖ There are courier delivery service companies, with locations throughout the country, from which Colorado marijuana destined for other states have been seized. Unlike the U.S. Postal Service, a central data repository does not exist for these various private couriers. Bad Luck in Marijuana Industry Leads to Arrest: In April 2015, a major parcel company alerted Chicago Police to a package coming from Colorado that had a strong odor of marijuana. Police obtained a search warrant and seized nearly 7 pounds of marijuana. The individual to whom the package was delivered was arrested. This individual was identified as part of the young entrepreneurs who went to Colorado about five years prior to make money in the medical marijuana industry. Apparently he moved to Colorado and grew marijuana plants in a warehouse outside of Denver. At the same time, his wife operated a small medical marijuana dispensary in Denver. Prior to this arrest in 2015, he was arrested in 2010 by Chicago Police for a parcel post package containing 40 pounds of marijuana. The individual reflected on his hard luck in the medical marijuana business and stated, "Some people in the industry have gotten lucky. Other guys like me have gotten caught in the system."' REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK SECTION 8: Diversion of Colorado Marijuana by Parcel Page 1127 P148 438 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 North Metro Task Force Busy with Parcel Cases: North Metro Task Force responded to 142 packages containing marijuana from just one parcel company. They have had additional cases with two other major parcel companies.' Medical Marijuana Store Owner to Receive $16,000: In February 2015, three suspicious parcels were identified. A search warrant was obtained and revealed the packages contained over $16,000 in cash. These three parcels, all coming from different locations including Idaho, Pennsylvania and Illinois, were destined for a Colorado Springs metro area medical marijuana store owner.' Colorado Marijuana Selfie: In February 2015, a Texas man was arrested for trying to send himself marijuana and marijuana products he purchased in Pueblo, Colorado. Apparently the subject purchased the marijuana in Pueblo and then mailed it to himself in San Angelo, Texas where he resides. The package, when seized, contained 9 pounds of "high-grade marijuana" and marijuana edibles as well as cough syrups, skin patches and "wax" that had been "legally purchased" from two separate dispensaries in Pueblo. This individual was arrested in Texas.3 Breck Man Gets Pot Christmas Presents at New York Hotel": In December, 2014, a 28-year-old Breckenridge, Colorado resident was taken into custody for possession of over 16 pounds of marijuana. Apparently he used the U.S. Postal Service to ship the marijuana, wrapped as Christmas presents, to himself in New York.' It`s Illegal to Ship Marijuana Out of State?: In October 2013, North Metro Task Force investigated a package containing 10.2 pounds of marijuana and 3.4 pounds of edibles being shipped to Florida. They were able to identify the individual, a former resident of Florida, who was sending packages to relatives living in Florida. He claimed he didn't realize it was illegal to ship marijuana and edibles.' Castle Rock Man Mails Pot: An individual in Castle Rock, Colorado plead guilty to sending more than 100 packages of marijuana to "locations across the country and receiving several hundred thousand dollars through the mail in return." The U.S. Attorney's Office in Colorado reports that searches of the subject's apartment and vehicle turned up approximately 24 pounds of marijuana, marijuana extract and marijuana edibles. The authorities also seized $53,000 in cash.' SECTION 8: Diversion of Colorado Marijuana by Parcel Page 1 128 439 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Colorado Marijuana to Broward County, Florida: In 2014, there were nine separate parcels received in Broward County, Florida that were marijuana originating from Colorado. The total weight was 30.17 pounds with one package as small as 4 grams and another as large as 17 pounds. There was hash oil and marijuana candy seized in two of the packages. Four of the packages were sent from Denver, two from Aurora, one from Lakewood, one from Colorado Springs and one from Golden.' 25 Parcels Seized Going to 13 States: In 2014, one parcel facility seized 25 packages containing marijuana from Colorado with a total weight of 123 pounds. They were able to identify that nine of the packages came directly from Denver, three from Littleton, two from Aurora, two from Breckenridge and the rest were sent from six other cities in Colorado.2 Brownies to Florida: In March 2015, the West Metro Task Force responded to a parcel company that opened a suspicious package and found two baggies with marijuana brownies, along with a business card. The card read "Sweet Mary Jane — Merciful Chocolate." The package was destined for Sulphur Springs, Florida.' Regular Customer: In January 2014, a suspicious parcel was located which subsequently lead to a search warrant revealing 1.2 pounds of marijuana. Law enforcement was able to identify the sender who was shipping the marijuana from Colorado to Maryland. The individual was a frequent customer at this parcel location.2 Colorado Marijuana to Northern Florida: In Northern Florida, 15 marijuana and/or hashish parcels from Colorado had been sent to Florida weighing a total of 40.5 pounds. All the marijuana was hydroponic and destined for Florida with the exception of one 5.7 pound package that was destined for Georgia.' Highway Traffic Stop Results in Package Interception: In July 2014, two subjects traveling from Aurora, Colorado to Des Moines, Iowa were stopped on Interstate 76 in Colorado for a traffic violation. During the stop, a receipt from a major parcel company was discovered. The package on the receipt was subsequently intercepted and 3.5 pounds of marijuana was seized.2 Colorado to Arkansas: In April 2014, a parcel company turned over a package containing 5.4 ounces of marijuana to TRIDENT. Apparently the package, coming from Garfield County, Colorado, was en route to Jonesboro, Arkansas.' Regular Packages from Colorado to South Dakota: In July 2014, North Metro Task Force investigated a package containing 3.2 pounds of marijuana being shipped from SECTION 8: Diversion of Colorado Marijuana by Parcel Page 1129 440 of 554 The Legalization of Marijuana in Colorado: The Impact VoI. 3/September 2015 Colorado to Rapid City, South Dakota. The follow-up investigation with the South Dakota authorities resulted in the suspect confessing to have received packages from Colorado on a regular basis.' Stuffed Animals with Marijuana: In June 2015, Loveland Police Department was called out on a suspicious package from a parcel company. They discovered that the package contained stuffed animals full of marijuana and weighing over 2 ounces. The package was coming from Colorado en route to Navarre, Florida.2 Hash to Florida: In January 2015, a customer acting very suspicious attempted to ship a parcel from the Colorado Springs area to Florida. This individual subsequently gave consent to open the parcel, which contained approximately 5 ounces of hash.2 5 Pounds to Houston, Texas: In May 2015, West Metro Task Force investigators were called by a parcel company who had discovered five 1-pound packages of marijuana destined to be shipped to Houston, Texas.' Helping a Friend: In September 2014, West Metro Task Force investigators responded when a 29-year-old male attempted to send an overnight package containing miscellaneous food items and marijuana concentrate. When arrested, the individual told the investigators he was attempting to "help" a friend who lived in Hawaii.2 Halloween Candy from Colorado: In October 2014, law enforcement in the Metropolitan Washington, DC area seized three parcels containing approximately 7.2 pounds of THC-laced Halloween candy. These parcels originated from Colorado and were set to be delivered to an address in Maryland.' Colorado Marijuana to Mississippi: In 2014, there were six packages with marijuana from Colorado being sent to Mississippi via parcels. The total weight of the six parcels was 9.7 pounds.2 Sources 1 CBS2 Local/Chicago, April 6, 2015, "Man Busted Again For Colorado -To -Chicago UPS Marijuana Shipment," <http://Chicago.cbslocal.com/2015/04/06/man-busted-again- for-Colorado-to-Chicago-ups-marijuana-shipment/>, accessed April 6, 2015 SECTION 8: Diversion of Colorado Marijuana by Parcel Page 1130 P151 441 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 31September 2015 2 Rocky Mountain High Intensity Drug Trafficking Area, 2015 3 Jesse Paul, The Denver Post/Denver and the West Section, February 5, 2015, "Pueblo police: Texas man arrested after trying to send $63,000 of marijuana," <http://wwwdenverpost. corn/news/ci_27465615/pueblo-police-texas-man-arrested- after-trying-send?source=infin to>, accessed February 5, 2015 4 Allison Sylte, 9News.com, December 17, 2014, "Breck man gets pot Christmas presents at NY hotel," <http://www.9news.com/story/news/crime/2014/12/17/david- malchow-marijuana-christmas-present/20548229/>, accessed December 18, 2014 5 The Denver Post/Colorado Roundup Section, May 13, 2015 "Castle Rock Man pleads guilty to mailing marijuana." SECTION 8: Diversion of Colorado Marijuana by Parcel Page 1131 442 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 THIS PAGE INTENTIONALLY LEFT BLANK SECTION 8: Diversion of Colorado Marijuana by Parcel Page 1132 443 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 SECTIQN 9: THC Extraction Labs Introduction Since the de facto and actual legalization of marijuana, many new trends have developed. The emergence of the THC extraction lab, commonly referred to as a butane hash oil (BHO) lab, is a prime example. The major draw to marijuana extraction is the potency of the final product. Some marijuana concentrates can contain 80-90 percent THC, whereas an average size marijuana cigarette averages 10-15 percent THC. Marijuana users state that vaporizing even a small amount of marijuana concentrate produces a more euphoric high than smoking. There are several solvents that can be used during the extraction process, including acetone, butane, carbon dioxide (CO2), hexane and rubbing alcohol. However, butane hash oil extraction has become an increasingly popular method of producing marijuana concentrate. The process involves forcing butane through an extraction tube filled with finely -ground marijuana. The residue that emerges from the other end is a mixture of highly -concentrated THC and butane. Once the butane has completely evaporated, the final product is a viscous liquid known as "dab," "wax,", "shatter", or "earwax," to name a few. This product does not emit the characteristic odor of traditional marijuana. Butane is a very volatile and explosive solvent. Flash fire explosions have originated from the butane used in the extraction process. Several elements can spark a deadly explosion, such as static electricity, open flame from a cigarette lighter, or a simple electric switch. This process has sent several individuals to the hospital for burn treatments and the numbers continue to rise. This section examines the trends in both extraction lab explosions and the resulting injuries. The information in this section covers the medical marijuana commercialization and expansion era (2009 - current) and the recreational marijuana era (2013 - current) in Colorado. SECTION 9: THC Extraction Labs Page 1133 444 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Some Findings • From 2013 — 2014 there was a 167 percent increase in reported Colorado THC extraction lab explosions from 12 to 32. • From 2013 — 2014, there was a 67 percent increase of injuries related to Colorado THC extraction lab explosions from 18 to 30. • Top three cities where a THC extraction lab explosion occurred in Colorado in 2014: o Denver=7 o Grand Junction = 4 o Colorado Springs = 3 • In 2014, 94 percent of all explosions occurred in a residential setting. • As of September 9, 2015, there have only been 7 THC extraction lab explosions reported. Data QS Mx 20 • 15 Z 10 THC Extraction Lab Explosions 2009 2010 2011 2012 SOURCE: Rocky Mountain HIDTA, Investigative Support Center 2013 2014 SECTION 9: THC Extraction Labs Page 1134 445 of 554 The Legalization of Marijuana in Colorado: The Impact Number of Injuries Vol. 3/September 2015 THC Extraction Lab Explosion Injuries 2009 2010 2011 2012 SOURCE: Rocky Mountain HIDTA, Investigative Support Center Number of Burn Victims 2013 2014 University of Colorado Hospital THC Extraction Lab Self -Admitted Bum Victims 18 16 14 12 10 8 6 4 2 0 2011 2012 2013 SOURCE: University Hospital Burn Unit — University of Colorado Hospital 2014 SECTION 9: THC Extraction Labs Page 1 135 446 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 • Some of the injuries from the extraction process include, but are not limited to, severe burns to the hands, arms and face. The University Hospital Burn Unit - University of Colorado Hospital reports several cases in which skin grafts were required to repair the injuries.1 It should be noted that based on the first seven months of reported THC extraction lab explosions in 2015, there appears to be a significant decline from the previous two years. This is largely due to the publicity generated by the police, fire, healthcare and media in 2014 regarding the dangers of THC extraction labs. As of September 9, 2015, only seven lab explosions have been reported to Rocky Mountain HIDTA and only four lab -related injuries reported to the Burn Center. Sources ' Camy Boyle, MS, RN, CCRN, CCNS, associate nurse manager, University Hospital Burn Unit - University of Colorado Hospital, personal interview, March 2014 Rocky Mountain HIDTA compiled the data provided by local, fire and police departments. SECTION 9: THC Extraction Labs Page 1136 447 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 SECTION 10: Related Data Topics • Crime • Revenue • Homeless • Suicides • Environmental Impact • THC Potency • Marijuana Use and Alcohol Consumption • Medical Marijuana Registry • Licensed Marijuana Businesses as of January 2015 • Business Comparisons as of January 2015 • Demand and Market Size • 2014 Reported Sales of Marijuana in Colorado • 2014 Price of Marijuana • Local Response to the Medical and Recreational Marijuana Industry in Colorado • Polling • Lawsuits • Other Issues Crime Denver Crime: Some proponents from the marijuana industry claim that, since marijuana retail stores began on January 1, 2014, the crime rate in Denver has decreased. Actually, reported crime in Denver increased 10 percent during that time period. SECTION 10: Related Data Page 1137 P158 448 of 554 The Legalization of Marijuana in Colorado: The Impact Number of Crimes 180,000 160,000 140,000 120,000 100,000 80,000 60,000 40,000 20,000 Colorado Crime Vol. 3/September 2015 V 2008 2009 2010 2011 2012 2013 2014 • Property Crimes 158,064 158,213 159,536 159,397 164,973 167,802 165,483 ■ Violent Crimes 16,062 16,608 16,676 16,278 15,719 16,056 16,355 SOURCE: Colorado Bureau of Investigation, http:/icrimeinco.cbi.state.co.us/ All Reported C 2013 2014 55,115 reported crimes 60,788 reported crimes 5,391 reported crimes increase from 2013 to 2014 (10 percent increase) • Crimes against persons increased 15.1 percent • Crimes against property decreased 3 percent • Crimes against society increased 23 percent • All other offenses increased 41 percent SOURCE: National Incident Based Reporting System definitions in the City and County of Denver, September 11, 2015 SECTION 10: Related Data Page 1138 449 of 554 The Legalization of Marijuana in Colorado: The Impact 2014 2013 2012 2011 2010 2009 0 City and County of Denver Crime ■ Fi.perty Crirr s • Violent Crimes 5,000 10,000 15,000 20,000 Number of Climes Vol, 3/September 2015 ,573 31,345 32,55 31,719 9,551 25,000 30,000 SOURCE: City and County of Denver, Denver Police Department, Crime Statistics and Maps, September 10, 2015 Number of Incidents Total Marijuana -Related Crime for Denver City and County 2012 2013 2014 SOURCE: City and County of Denver Open Source Data Catalog, July 2015 NOTE: "DATA ARE CRIMES REPORTED TO THE DENVER POLICE DEPARTMENT WHICH, UPON REVIEW, WERE DETERMINED TO HAVE CLEAR CONNECTIONS OR RELATION TO MARIJUANA. THESE DATA DO .NOT INCLUDE POLICE REPORTS FOR VIOLATIONS RESTRICTING THE POSSESSION, SALE, AND/OR CULTIVATION OF MARIJUANA." - OPEN DATA CATALOG, MARIJUANA CRIME, DATA.DENVERGOV.ORG SECTION 10: Related Data Page 1139 450 of 554 The Legalization of Marijuana in Colorado: The Impact Vol, 3/September 2015 Marijuana -Related Crime for Denver City and County 180 160 y 140 4:1 120 100 80 S 60 40 20 0 2012 2013 2014 SOURCE: City and County of Denver Open Source Data Catalog, July 2015 It Non -Industry t Industry The majority of marijuana -related crime was the burglary of licensed marijuana businesses. NOTE: "DATA ARE CRIMES REPORTED TO THE DENVER POLICE DEPARTMENT WHICH, UPON REVIEW, WERE DETERMINED TO HAVE CLEAR CONNECTIONS OR RELATION TO MARIJUANA. THESE DATA DO NOT INCLUDE POLICE REPORTS FOR V1OL:ATIONS RESTRICTING THE POSSESSION, SALE, AND/OR CULTIVATION OF MARIJUANA," - OPEN DATA CATALOG, MARIJUANA CRIME, DATA.DENVERGOV.ORG SECTION 10: Related Data Page 1140 451 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Nu mber of Arrests/Citations 800 700 600 500 400 300 200 100 0 Denver Police Department Unlawful Public Display/Consumption of Marijuana 2012 2013 2014 SOURCE: Denver Police Department, Traffic Operations Bureau via Vice/Drug Bureau Nutnberof Citations Boulder Police Department Marijuana Public Consumption Citations 140 120 100 80 60 40 20 0 2013 2014 SOURCE Boulder Police Department, Records and Information Services NOTE: THE CITY OF BOULDER DID NOT HAVE A MUNICIPAL STATUTE SPECIFIC TO PUBLIC CONSUMPTION OF MARIJUANA UNTIL MID-2013, "City Leaders in Vail recently banned recreational marijuana stores, sighting (sic) the increase in crime and panhandling in other mountain towns that do allow sales, as a major factor their ban."' SECTION 10: Related Data Page 1141 452 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Revenue Question: How much revenue will the recreational marijuana industry generate in Colorado? Will the income exceed the cost related to the impact of legalization in Colorado? Answer: No one knows for sure. It will take years of data collection to complete an analysis of whether marijuana legalization is economically positive or an economic disaster. Total Revenue from Marijuana Taxes, Calendar Year 2014 60,000,000 50,000,000 40,000, 000 etim 0 30,000,000 20,000,000 10,000,000 0 2.9% Regular Sales 10% Special Sales 15% Excise Total 2014 Taxes ■ Retail. Marijuana Taxes Of Medical Marijuana Taxes SOURCE: Colorado Department of Revenue, Monthly Marijuana Taxes, Licenses and Fees Transfers and Distribution NOTE: FIGURES Do NOT INCLUDE ANY CITY TAXES: THE STATE DOES NOT ASSESS OR COLLECT THOSE TAXES. SECTION 10: Related Data Page 1142 453 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Colorado's Total General Fund Revenue, FY 2015* t Marijuana Tax Revenue (Medical and Recreational) = 0.7% "Preliminary Numbers based on June 2015 Forecast SOURCE: Colorado Office of State Planning and Budgeting, June 2015 Forecast (eleven months of data) Total marijuana tax revenue (medical and recreational) for FY2015 comprises 7/10 of 1 percent (0.7%) of Colorado's total general fund revenue. SECTION 10: Related Data Page 1143 P164 454 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Some Costs Related to Marijuana Revenue for the State of Colorado FY2015/162 $13,000,728 $314,633 $3,292,643 $271,328 $190,097 $436,766 $1,168,000 $320,388 $2,150,000 $212,369 $21,806,952 $6,600,000 $29,900,000 Department of Revenue (includes the Marijuana Enforcement Division) Department of Agriculture Department of Public Health and Environment (primarily medical marijuana) Department of Public Safety Governor's Office of Marijuana Coordination Department of Law Department of Law (Peace Officer Standards and Training) Department of Public Health and Environment Department of Public Health and Environment (Marijuana public education campaign) Department of Local Affairs TOTAL Estimate distributed to local government (FY 2014/15) Estimate collected for school construction (18 months, January, 2014 - June, 2015) NOTE: THESE ARE BUDGETED AMOUNTS AND MAY NOT REPRESENT ACTUAL SPENDING. DOES NOT INCLUDE COSTS TO LOCAL GOVERNMENT NOR ANY COSTS ASSOCIATED WITH SOCIETAL IMPACTS SUCH AS TRAFFIC DEATHS AND EMERGENCY ROOM ADMISSIONS. Articles Colorado Weed Czar: Revenue Up in Smoke: According to Andrew Freedman, director of the Colorado Governor's Office of Marijuana Coordination, most revenue generated from legal marijuana sales will be used to regulate the industry. "Freedman, who is tasked with keeping tabs on the regulation of Colorado's retail and medical marijuana markets, said the tax dollars brought in largely go toward the 'cost of legalization."' He said, "You do not legalize for taxation. It is a myth. You are not SECTION 10: Related Data Page 1144 455 of 554 The Legalization of Marijuana in Colorado: The Impact Vol, 3/September 2015 going to pave streets. You are not going to be able to pay teachers. The big red herring is the whole thing that the tax revenue will solve a bunch of crises. But it won't."3 Tax Revenue Doesn't Measure Up: In February 2015, state officials released tax revenue figures from recreational and medical marijuana for 2014 at around $63 minion. "The 15 percent excise tax dedicated for schools - projected alone to raise $40 million - has generated about one-third of the original estimates. Excise taxes totaled $13.3 million from Jan. 1 through Dec. 31 according to data from the Colorado Department of Revenue." Colorado's governor had to drastically modify his $100 million plan for tax revenue. "We ended up with much closer to a $33.5 million budget for this fiscal year," said Andrew Freedman, director of the Governor's Office of Marijuana Coordination. Freedman said the first priority is to cover costs of regulation. Apparently about $7.6 million is needed to enforce regulations and $5,6 million for a statewide public education campaign.4 "Marijuana Taxes Won't Save State Budgets": Colorado Governor John Hickenlooper's office projected $118 million in taxes from recreational marijuana and modified that projection down to $69 million. The Colorado Department of Revenue commissioned report estimated 130 metric tons of marijuana would be consumed in Colorado, but just 77 metric tons were sold through medical or recreational retailers. The rest was sold through an unregulated and untaxed gray market and the black markets The False Promise of Marijuana Money in Education: This article cites a 2014 survey in which more than half the respondents said that the positive to legalization was tax revenue as the greatest benefit. The artide goes on to point out that, of the $40 million earmarked for schools, excise taxes have brought in about half of that.6 SECTION 10: Related Data Page 1145 456 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Homeless Number of Beds Provided 100,000 90,000 80,000 70,000 60,000 50,000 40,000 30,000 20,000 10,000 0 Total Overnight Beds Provided, January Through June 2013 2014 SOURCE: The Salvation Army, Intermountain Division Related Material 2015 Denver Shelters Cite Legal Pot in Homeless Upswing:7 There are no records on how many homeless people came to Colorado because of "legal weed." However, homeless centers are seeing an influx, straining their ability to meet the need. • Director Brett Van Sickle of Denver's Salvation Army Crossroads Shelter: "The older ones are coming for medical (marijuana), the younger ones are coming just because it's legal." An informal survey of around 500 new out- of-towners found as many as 30 percent relocated for pot. • Executive Director Tom Luehrs of Denver's Saint Francis Center has seen a big increase in new faces at the shelter and an increase of 50 people a day more in 2014 than 2013. He says many have said they were drawn to Colorado because of legal marijuana. • Urban Peak, which provides services to those ages 15 to 25, saw a 152 percent increase at their drop -in center in just one year. Director Kim Easton said about one-third of the newcomers cite legal marijuana as a factor in moving to Colorado. SECTION 10: Related Data Page 1146 457 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Legal Pot Blamed for Influx of Homeless:8 • Deputy Director Kendall Rames of Urban Peak said, "Of the new kids we're seeing, the majority are saying they're here because of the weed." • Director Melinda Paterson, of Father Woody's Haven of Hope, said, "Typically, they have an attitude. But we are really strict here." She said that normally in the summer Father Woody's gets an increase of 50 people per month but this year more than 300 a month. • The Salvation Army Denver shelter averages went from 225 men to about 300 per night. They are seeing a much larger number of 18 to 25-year-olds. An informal survey suggested about 25 percent of the increase was related to marijuana. • St. Francis Center Executive Director Tom Luehrs says marijuana only trails looking for work among a list of reasons for coming to Colorado. Legalized Recreational Marijuana Use Draws Homeless Texans to Colorado: An article about homelessness and marijuana, published on September 22, 2014 states, "Colorado is seeing a significant increase in the number of homeless people arriving from Texas and the head of two homeless shelters said a big reason for the increase is homeless people wanting to smoke pot." One homeless female from Texas is quoted as saying, "It wasn't the only reason but it was one of the main factors." Another individual from Lubbock, Texas who went to Denver, Colorado says he meets homeless Texans every day that went to Colorado to smoke marijuana. Murray Flagg, of the Salvation Army, said, "We were averaging 190 people a night. Now we are averaging 345 people a night." He goes on to state, "We find about one in four people have come for some marijuana related issue."9 Homeless, Marijuana and Crime: Larimer County (Colorado) Sheriff Justin Smith has noted that, since marijuana was legalized, his agency is experiencing a significant spike in the homeless, transient and sheltered (HTS) population. HTS accounts for approximately 25 percent of county jail inmates. Many of those admit they came to Colorado because marijuana was legalized. The 121 homeless, transient and sheltered inmates generally have not been arrested for petty crime. In reviewing booking charges, it appears only 20 percent could be considered minor crime. Most were arrested for multiple crimes such as:I° • 28 percent - some kind of assault charge • 26 percent - harassment or felony menacing charge • 22 percent - some kind of theft, from burglary to auto theft charge • 13 percent - resisting arrest charge SECTION 10: Related Data Page 1147 P168 458 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Suicide Data NOTE: ON AVERAGE, BETWEEN 2006 — 2013, 95 PERCENT OF ALL SUICIDES HAD TOXICOLOGY RESULTS OF WHICH 8 PERCENT WERE POSITIVE FOR MARIJUANA.36 Su bstanceType Average Toxicology of Suicides Among Adolescents Ages 10 to 19 Years Old, 2009-2013 Marijuana Alcohol Opioid Antidepressent Amphetamine Cocaine 0.0% 2.0% 4.0% 6.0% 8.0% 10.0% 12.0% 14_0% 16.0% 18.0% Percent Positive SOURCE: Colorado Violent Death Reporting System, Colorado Department of Public Health and Environment (CDPEiE) SECTION 10: Related Data Page 1148 459 of 554 The Legalization of Marijuana in Colorado: The Impact Percent of caseswith toxicology available 35.0% 30.0% 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% Cocaine Vol. 3/September 2015 Average Toxicology Results by Age Group Colorado, 2009-2013 Amphetamine Marijuana Antidepressent SubstanceType Opioid Alcohol ■ Ages 20+ ■ Ages 10-19 SOURCE: Colorado Violent Death Reporting System, Colorado Department of Public Health and Environment (CDPHE) ❖ Marijuana is the only substance where youth ages 10 to 19 years old have a higher percent than adults ages 20 and older. Environmental Impact Pesticides on "Legal" Marijuana Grows: Denver city officials quarantined marijuana plants at eleven legal grow facilities in May of 2015. This quarantine is based on hundreds of millions of dollars' worth of marijuana believed to be contaminated with pesticides.71 Water -Intensive Marijuana Cultivation: An article concerning marijuana cultivation in California, published in the journal Bioscience, revealed that marijuana is an extremely thirsty plant. "In the state's north coast region, about 22 liters of water or more per plant per day is used during the growing season, which lasts from June through October." A co-author pointed out that marijuana grown in the state of Califomia uses nearly twice as much water as wine grapes.12 Side Effects of Legal Marijuana: "Damaged homes have become an epidemic nightmare for the realtors who manage rental properties, who have been left explaining SECTION 10: Related Data Page 1149 460 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 to homeowners why black mold has infested their income properties, why their sheetrock has been pulled out and makeshift watering systems installed. Every realtor seems to have a horror story about renting to seemingly fine tenants who are actually quick -profit -making pot entrepreneurs. No insurance company will cover damages from a grow establishment because it is still federally illegal."13 Marijuana Stink Means Property Values Sink: Apparently neighbors in Pitkin County (Colorado) are infuriated by the stench that comes from a marijuana greenhouse.74 Marijuana Electric Demands: "Surging electricity consumption by Colorado's booming marijuana industry is sabotaging Denver's push to use less energy — just as the White House perfects a Clean Power Plan to curb carbon pollution." Apparently Denver's electricity rate is increasing at a rate of 1.2 percent per year and 45 percent of the increase conies from marijuana growing facilities. The growing facilities used 86 million kWh in 2012, 121 million in 2013 and 200 million in 2014.15 Pot Growers and Sky -High Power Bills: "The average indoor grow operation in Denver has a monthly electric bill of $20,000 to $50,000," said Jay Czarkowski, a principal at Canna Advisors, a consulting firm in Boulder." Colorado's marijuana industry uses large amounts of energy for lighting and air conditioning. The owner of one of Colorado's largest cannabis companies said that her utility bill is approximately $40,000 a month. Ron Flax, a building sustainability expert in Boulder, said that the power demand for marijuana growing operations is five times higher than the typical monthly demand of comparable commercial buildings. Evan Mills, an energy analyst and scientist from the Lawrence Berkeley National Laboratory, wrote a paper entitled, "Energy Up in Smoke: The Carbon Footprint of Indoor Cannabis Production." Her conclusion was that growing marijuana indoors requires four times more energy than a hospital on a per -square -foot basis and eight times more energy than a typical U.S. commercial building.16 SECTION 10: Related Data Page 1150 461 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 THC Potency Average THC Percent Potency Monitoring Program- Average THC Percent DEA-Submitted Cannabis Samples 1995 - 2013 (National) 14.00% 12.00% 1 10.00% 8.00% 6 00% 3.96% 4.00% -� 2.00% 12.33% 12.55% --11.13% - - — -- 9.58% 9.75% 8.02% 6.11% f1 /yip OE00�° H--_ i I T I I r- T -1 1995 1997 1999 2001 2003 2005 2007 2009 2011 2012 2013 SOURCE: Potency Monitoring Program, Quarterly Report Number 123, National Center for Natural Products Research (NCNRP) at the University of Mississippi, under contract with the National Institute on Drug Abuse. ❖ The 2015 average THC percent for Colorado marijuana is 17.1 percent.'' SECTION 10: Related Data Page 1 151 462 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 AverageTHC Percent 60.00°/° T- 50.00% 40.00% 30.00% 20.00% Potency Monitoring Program- Average THC Percent All Submitted Hash Oil Samples 1995 - 2013 (National) 18.20% 28.58% 22.51% 19.44% 31.00% 32.00% 15.540,E 18.74% 24.85% 52.49% 12.71% 0 52.41% — -- — — -- — 6.40% 0.00% -1 -7- -1-- i f T1 i 1 ---f 7 1 i cloi) oil\ ,,,,,,,b 4, ,,,$) ,,,,:s\ p c',) 6,.... ,,, ici 6 c?i ie. '). .N... ..\'1' ..<,) SOURCE: Potency Monitoring Program, Quarterly Report Number 123, National Center for Natural Products Research (NCNRP) at the University of Mississippi, under contract with the National Institute on Drug Abuse. 10 00°t. 16.21% 3 23% 6.73% ❖ The 2015 average THC percent for Colorado concentrate is 62.1 percent." Colorado Marijuana Study Finds Legal Weed Contains Potent THC Levels: "In old -school dope, levels of THC — the psychoactive chemical that makes people high — were typically well below 10 percent. But in Colorado's legal bud, the average THC level is 18.7 percent, and some retail pot contains 30 percent THC or more..." A Denver lab licensed to analyze marijuana samples reports that after 600 samples provided by licensed growers and sellers, they detected little medical value and lots of contamination. "We have been finding some really dirty marijuana," said Andy LaFrate, president of Charas Scientific. He cited fungi and solvents such as butane. He also stated that the 600-plus samples generally carried little or no CBD, the compound that makes medical marijuana "medical." His study shows that the average CBD was 0.1 percent.$ THC Concentrates and Youth: "Now the threat of THC concentrates pose to public health and safety loom large. A new study from researchers at Ohio's Nationwide Children's Hospital finds more American children are exposed to marijuana before reaching their fifth birthday. The report, published in the peer -reviewed journal Clinical SECTION 10: Related Data Page 1152 463 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Pediatrics, found that, between 2006 and 2013, the marijuana exposure rate rose 147.5 percent among children age 5 and under. In that same period, the rate rose nearly 610 percent in states that sanctioned medical marijuana before 2000, the year Colorado followed suit.!"19 Marijuana Use and Alcohol Consumption There are some who have theorized that legalizing marijuana would reduce alcohol consumption. Thus far that theory is not supported by the data. 0 Colorado Average Consumption of Alcohol in Gallons, Per Calendar Year 145,000,000 143,000,030 141,003,000 139,000,000 137,000,000 135,000,000 133,000,000 131,000,000 2011-2012 2013-2014 SOURCE: Colorado Department of Revenue, Colorado Liquor Excise Tax Medical Marijuana Registry Medical Marijuana Registry Identification Cards20 • December 31, 2009 — 41,039 • December 31, 2010 —116,198 • December 31, 2011 — 82,089 • December 31, 2012 —108,526 • December 31, 2013 —110,979 • December 31, 2014 —115,467 SECTION 10: Related Data Page I 153 464 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Profile of Colorado Medical Marijuana Cardholders:2° • 65 percent male, with an average age of 41 years • 23 percent between the ages of 21 and 30 • 66 percent under the age of 50 • 15 percent over the age of 61 • 93 percent reporting severe pain as the medical condition • Only 5 percent reporting cancer, AIDS and glaucoma as the medical condition Percent of Patients Percent of Medical Marijuana Patients Based on Reporting Condition 100% 90%p/ 80% 0% 60% 509/0 40% 30% 20% 10% 0% �e� lea ' �,fi CGa a ca4 64 ce e a SOURCE: Colorado Department of Public Health and Environment, Medical Marijuana Statistics NOTE: TOTAL DOES NOT EQUAL 100 PERCENT AS SOME PATIENTS REPORT USING MEDICAL MARIJUANA FOR MORE THAN ONE DEBILITATING MEDICAL CONDITION. Colorado Licensed Marijuana Businesses as of January 2015 Medical Marijuana:21 • 505 medical marijuana centers ("dispensaries") • 748 marijuana cultivation facilities • 163 infused products (edibles) businesses SECTION 10: Related Data Page 1 154 465 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Recreational Marijuana:22 • 322 marijuana retail stores • 397 marijuana cultivation facilities • 98 infused product (edibles) businesses • 16 testing facilities Business Comparisons, January 2015 Licensed Businesses Colorado Business Comparisons, January 2015 1600 1400 1200 1000 800 600 400 200 McDonalds Starbucks Marijuana Pharmacies Liquor Stores ■ Medical Marijuana Dispensaries t Retail Marijuana Stores SOURCE: Colorado Department of Revenue; Starbucks Coffee Company, Corporate Office Headquarters; McDonalds Corporation, Corporate Office Headquarters SECTION 10: Related Data Page 1155 466 of 554 The Legalization of Marijuana in Colorado: The Impact 350 300 250 'y 200 150 100 50 Vol. 3/September 2015 Denver Business Comparisons, January 2015 Pharmades McDonalds Liquor Stores Starbucks Marijuana ■ Medical Marijuana Dispensaries ■ Retail Marijuana Stores SOURCE: Colorado Department of Revenue; Starbucks Coffee Company, Corporate Office Headquarters; McDonalds Corporation, Corporate Office Headquarters ❖ Denver: • 198 licensed medical marijuana centers ("dispensaries")" • 117 pharmacies (as of February 12, 2015)23 Demand and Market Size The Colorado Department of Revenue published a report in July 2014 called, "Market Size and Demand for Marijuana in Colorado."6 Some of the information included: Demand: • In 2014, the established demand for marijuana by Colorado residents 21 years and older is 121.4 metric tons (267,638.44 pounds) of marijuana. • In 2014, the estimated demand for marijuana by out-of-state visitors 21 years and older is 8.9 metric tons (19,620.94 pounds). SECTION 10: Related Data Page 1156 467 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 • The potential range of demand for the above two groups is between 104.2 -157.9 metric tons (between 229,719.32 and 348,106.34 pounds). Market Size: • There are an estimated 485,000 Colorado adult regular marijuana users (at least once per month), which is 9 percent of the total Colorado population of all ages (5.363 million). • Heavy users who consume marijuana nearly daily make up the top 21.8 percent of the user population but account for 66.9 percent of the demand for marijuana. • Out-of-state visitors represent about 44 percent of the metro area marijuana retail sale of marijuana and approximately 90 percent of sales in heavily -visited mountain communities. • Colorado has 23 percent of its users consume nearly daily compared to 17 percent nationally; that is 35.29 percent higher. 2014 Reported Sales of Marijuana in Colorado17 • 109,578 pounds of medical marijuana flower • 36,600 pounds of recreational marijuana flower • 1,964,917 units of medical edible products • 2,850,733 units of recreational edible products ❖ A single ounce of marijuana, depending on the solvent type and production method, can produce between 347 and 413 edibles of 10 mg strength. 2014 Price of Marijuana17 1 Gram Ounce Buds/Flowers $14.03 $264.14 Edibles $24.99 (100 mg) N/A Concentrates $55.00 N/A SECTION 10: Related Data Page 1157 468 of 554 The Legalization of Marijuana in Colorado: The Impact VoI. 3/September 2015 Local Response to the Medical and Recreational Marijuana Industry in Colorado24 • 321 total local jurisdictions o 228 (71 percent) prohibit any medical or recreational marijuana businesses o 67 (21 percent) allow any medical and recreational marijuana businesses o 26 (8 percent) allow either medical or recreational marijuana businesses, not both Polling August 2015 Smith Johnson Research Poll (Colorado Survey) • In 2012: 51.5 percent favored legalization 48.5 percent opposed legalization • In 2015: 49.2 percent now favor legalization (2.3 percent drop) 50.8 percent now oppose legalization February 2014 October 2014 2013 2014 October 2014 Pew Research Center Poll Favor Legalized Oppose Legalized Unsure 54 percent 52 percent 42 percent 45 percent 3 percent 3 percent October 2014 Gallup Poll Favor Legalized Oppose Legalized Unsure 58 percent 51 percent 39 percent 47 percent 3 percent 2 percent SECTION 10: Related Data Page 1158 469 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 September 2014 Suffolk University/USA Today Poll Colorado • 46 percent continue to support Amendment 64 • 50.2 percent do not agree with Amendment 64 decision SOURCE: Polling Report.com Quinnipiac University Poll, February 2015:�5 • 58 percent of Coloradoans polled still support legalizing marijuana for recreational use • 38 percent are opposed •:* November 2012 Amendment 64 election results: • 55 percent in favor • 45 percent opposed Lawsuits Lawsuit Using Federal Racketeering Laws: In February 2015, the Safe Streets Affiance filed a lawsuit on behalf of a horse farm and mountain hotel against two licensed marijuana businesses. The lawsuit, claiming damages, is utilizing the federal Racketeer Influenced and Corruption Organizations (RICO) Act. The lawsuit says, "Marijuana businesses make bad neighbors. They drive away legitimate businesses' customers, emit pungent, foul odors, attract undesirable visitors, increase criminal activity, increase traffic, and reduce property values." Five months after the suit was filed one of the defendants, a medical marijuana retail store, closed.26.27 Colorado, Nebraska and Kansas Sheriffs and Prosecutors File Lawsuit: Twelve sheriffs and prosecutors from Colorado, Nebraska and Kansas have filed a lawsuit as a federal preemption challenge to Colorado's recreational marijuana laws. The lawsuit puts Colorado sheriffs in the position of supporting Colorado's marijuana law in violation of federal law and their oath of office. The out-of-state authorities are citing the challenges and issues of dealing with the diversion of Colorado marijuana into their states.28 SECTION 10: Related Data Page 1159 470 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Colorado Lawsuit Claims Marijuana Edibles Caused People to `Overdose': Seven people filed a suit in Denver after they became sick from eating THC-laced treats manufactured by a licensed edible business. The plaintiffs visiting the Pot Pavilion at the Denver County Fair claimed they were told the chocolates did not contain THC. "A few hours later, though, they were in hospitals complaining about rapid heart rates, passing out, tunnel vision, and other scary symptoms." One of the plaintiffs became so sick that he uncontrollably vomited into his vehicle and was diagnosed at the emergency room as overdosing on THC.29 Fifth Amendment Lawsuit: A pro -marijuana industry attorney, on behalf of several plaintiffs, filed a lawsuit in June of 2014 alleging the payment of sales and excise taxes on the sale of recreational marijuana in Colorado violates the plaintiff's Fifth Amendment rights against self-incrimination.3° Employers Rights to Drug Tests: An employee of Dish Network, LLC filed a lawsuit against the company for having been fired for failing to pass a drug test. The individual, a licensed medical marijuana cardholder, believes he should have the right to possess and use medical marijuana under limited circumstances without fear of being fired from his place of employment.31 Nebraska and Oklahoma Sue Colorado Over Pot: In 2014, the states of Nebraska and Oklahoma filed a lawsuit against Colorado for legalizing recreational marijuana. The lawsuit deals with the diversion of Colorado marijuana to the states of Nebraska and Oklahoma and the burden it places on the two states. Since this is a lawsuit in which a state is suing another state, it goes directly to the Supreme Court.32 Other Issues Too Many "Stoned" Employees: In the spring of 2015, Little Spider Creations' owner is moving his company to South Carolina. The owner claims that, since Colorado legalized marijuana, too many of his employees were coming in high. He said the main reason they are leaving Colorado is that marijuana got into their industry and hall of their sculptors would come to work high. He said, "We went through 25 sculptors. Only five of [our sculptors] either were quality or would show up unimpaired." He says those employees coming to work high were not as productive and tended to have a "it's good enough" attitude. The owner, a native Coloradoan, had 47 full-time employees.33 SECTION 10: Related Data Page 1160 471 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 Pot Stores Find Ways of Accepting Credit Cards: Fox31 News (Denver) found that 47 percent of medical marijuana centers polled are allowing the use of credit cards although technically illegal. Apparently these medical retail stores are using holding companies that have legitimate banking relationships. That prevents the banks from knowing they are doing business with marijuana retailers.34 Edible Pot Labels Inaccurate: A study from John Hopkins University shows that more than 80 percent of product labels for marijuana edibles were inaccurate according to researchers. The study, published in the Journal of the American Medical Association, showed that only 17 percent of the labels were accurate to within 10 percent of the actual THC content.35 Sources 1 Matt Kroschel, CBS4 Mountain Newsroom, August 14, 2015, "Panhandling For Pot? Increase May Be Linked to recreational Marijuana/' <http://denver. cbslo cal. corn/2015/0S/14/p anhandling-f or -pat -increase -may -be -linked -to - recreational -marijuana/>, accessed August 14, 2015 2 Colorado Office of State Planning and Budget 3 Bob McGovern, BostonHerald.com, June 12, 2015, "Colorado weed czar: Revenue up in smoke," <http://www.bostonherald.com/news_opinion/local_coverage/2015/06/colorado_weed_ czar_revenue_up_in_smoke>, accessed June 15, 2015 4 The Gazette Op/Ed, March 22, 2015, "No tax windfall from medical, retail sales," <http://gazette.com/no-tax-windfal-from-medical-retail-sales/article/1548295>, accessed April 2, 2015 5 Josh Barro, The New York Times, April 9, 2015, "Marijuana Taxes Won't Save State Budgets," <http://www.nytimes.com/2015/04/09/upshot/09up-marijuana.html?_r=0>, accessed April 13, 2015 6 Marijuana Policy Group for the Colorado Department of Revenue, Executive Summary, "Market Size and Demand for Marijuana in Colorado," July 2014 SECTION 10: Related Data Page 1161 472 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 The Associated Press, The New York Times, December 24, 2014, "Denver Shelters Cite Legal Pot in Homeless Upswing," <http://www.nytimes. com/aponline/2014/12/24/us/ap-us-marijuana- homeless.html?_r=0>, accessed August 13, 2015 8 Tom McGhee, The Denver Post, July 26, 2014, "Legal pot blamed for some of influx of homeless in Denver this summer," <http://www.denverpost.com/news/ci_26216037/le gal -pot -blame d-some-influx- homeless-this-summer>, accessed July 26, 2014 9 Jace Larson, Click2Houston.corn, September 22, 2014, "Legalized recreational marijuana use draws homeless Texans to Colorado," <http://www. click2houston. com/news/pot- draws-homeless-texans-to- colorado/28186888>, accessed September 23, 2014 70 Sheriff Justin Smith, "Interesting Info for RMHIDTA," e-mail message, August 20, 2015. " Trevor Hughes, LISAToday, May 15, 2015, "Judge: Pot believed to have pesticide can be seized," <http://www.usatoday.com/story/news/nation/2015/05/15/marijuana- pesticide-use-quarantine/27367563/>, accessed May 15, 2015 12 Sarah Yang, Berkeley News, June 24, 2015, "Environment takes big hit from water - intensive marijuana cultivation,"<http://news.berkeley.edu/2015/06/24/marijuana- environmental-impact/>, accessed June 24, 2015 13 Barbara Hardt, May 14, 2015, The Mountain -Ear, "Side Effects of Legal Marijuana," <http://themtnear.com/2015/05/side-effects-of-legal-marijuana/>, accessed May 15, 2015 14 Rick Carroll, The Aspen Times, June 9, 2015, "Residents" Marijuana stink means property values sink," <http://www.aspentimes.com/news/16724245-113/residents- marijuana-stink-means-property-values-sink>, accessed June 9, 2015 15 Bruce Finley, The Denver Post, July 1, 2015, "Marijuana -growing spikes Denver electric demand, challenges clean -power plan," <http ://www.denverpost.com/environment/ci_28417456/p of-boom-spikes-denver- electric-demand-challenges-clean>, accessed July 1, 2015 16 Cathy Proctor, Denver Business Journal, August 7, 2015, "Colorado pot growers face sky-high power bills," <http://www.bizjournals.com/denver/print- SECTION 10: Related Data Page 1162 473 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 edition/2015/08/07/colorado-pot-growers-face-sky-high-power-bills.html>, accessed August 7, 2015 77 Colorado Department of Revenue, "Marijuana Equivalency in Portions and Dosage", August 10, 2015 18 Bill Briggs, NBC News, March 23, 2015, "Colorado Marijuana Study Finds Legal Weed Contains Potent THC Levels," <http://www.nbcnews.com/storyline/legal- pot/legal-weed-surprisingly-strong-dirty-tests-find-n327811>, accessed April 8, 2015 19 The Gazette Op/Ed, Sunday, June 21, 2015, "THC extracts concentrate problems," <http: //m. gazette.com/clearing-the-haze-thc-extracts-concentrate- problems/article/1554097>, accessed June 22, 2015 2D Colorado Department of Public Health and Environment, "Medical Marijuana Registry Program Update (as of March 31, 2015)", <http s://www. colorado. goy/pacific/sites/de fault/files/03_2015_%20MMR_report_draf t.p df>, accessed May 15, 2015 21 Colorado Department of Revenue, Enforcement Division 22 John IngoId, The Denver Post, February 20, 2014, "Lot of green will roll in" 23 Colorado Department of Regulatory Agencies, State Board of Pharmacy 24 Colorado Department of Revenue, Enforcement Division — Marijuana, Annual Update, February 27, 2015 25 Quinnipiac University, News and Events, Quinrtipiac University Poll, Release Detail, February 24, 2015, "Colorado, Iowa, Virginia Governors Get Good Grades Quinnipiac University Swing State Poll Finds; Colorado Voters Still High On Legalized Marijuana," <http://www.quinnipiac.edu/news-and-events/quinnipiac-university- poll/search-releases/search-results/release- detail?ReleaselD=2166&What=&strArea=16;28;26;&strTime=12>, accessed February 24, 2015 26 Kristen Wyatt, The Associated Press, February 19, 2015, "Colorado residents are first to ask feds to block legal pot," < http://news.yahoo.corn/colorado-residents-first- ask-feds-block-legal-pot-175909907. finance.html>, accessed February 19, 2015 SECTION 10: Related Data Page 1163 474 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 27 Kristen Wyatt, The Associated Press, July 13, 2015, "Marijuana opponents using racketeering law to fight industry," <http://news.yahoo.com/marijuana-opponents- using-racketeering-law-fight-industry-180311017.htm1>, accessed July 13, 2015 28 Monte Stiles, Sheriffs and Prosecutors from CO, NE and KS Announce Federal - Preemption Legal Challenge to Colorado's "Recreational -Marijuana" Law, e-mail message, March 5, 2015 29 John Dyer, Vice News, January 15, 2015, "Colorado Lawsuit Claims Marijuana Edibles Caused People to `Overdose'," <https://news.vice.com/article/colorado-lawsuit- claims-marijuana-edibles-caused-people-to-overdose>, accessed January 15, 2015 3o Drug Enforcement Administration Intelligence Note, August 2014, "Marijuana Taxes vs. the Right Against Self -Incrimination" 31 Brandon Coats, Petitioner vs. Dish Network, LLC, Respondent, Case No. 2013SC394, Supreme Court, State of Colorado, State of Colorado's Amicus Brief in Support of Respondent Dish Network, LLC, filed May 21, 2014 32 Rocky Mountain High Intensity Drug Trafficking Area, 2014 33 USA Today Network and Jen Marnowski, KUSA 9News, April 23, 2015, "Too many high employees prompts company to leave Colorado," , <http://www.ksdk. cam/story/news/nation-now/2015/04/23/too-many-high-employees- prompts-company-to-leave-colorado/26279165/>, accessed April 24, 2015 34 Chris Halsne, Fox31 Denver, April 27, 2015, "Visa for pot: The credit card smokescreen," <http://kdvr.com/2015/04/27/visa-for-pat-the-credit-card-smokescreen/>, accessed May 28, 2015 35 CBC News British Columbia, June 25, 2015, "Most edible pot products labelled with inaccurate THC content, finds new U.S. study," <http ://www.cbc. ca/news/canada/british-columbia/most-edible-pot-pro ducts-labelled- with-inaccurate-thc-content-finds-new-u-s-study-1.3126793>, accessed June 25, 2015 36 Colorado Violent Death Reporting System, Colorado Department of Public Health and Environment (CDPHE) SECTION 10: Related Data Page 1164 475 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3SSeptember 2015 SECTION 11: Reference Materials Reports ❑ ANNUAL UPDATE BY THE COLORADO DEPARTMENT OF REVENUE, ENFORCEMENT DIVISION - MARIJUANA, FEBRUARY 27, 2015 This report includes information on the Marijuana Enforcement Division's activities related to medical and recreational marijuana businesses as well as data concerning cultivation and distribution of marijuana by licensed businesses in Colorado. ❑ MARKET SIZE AND DEMAND FOR MARIJUANA IN COLORADO PREPARED FOR THE COLORADO DEPARTMENT OF REVENUE BY THE MARIJUANA POLICY GROUP, MILES K. LIGHT ET AL This report provides estimates for the demand for marijuana and the characteristics of Colorado's market for marijuana. ❑ MARIJUANA EQUIVALENCY IN PORTIONS AND DOSAGE BY THE. COLORADO DEPARTMENT OF REVENUE, AUGUST 2015 This report is an assessment of physical and pharmacokinetic relationships in marijuana products and consumption in Colorado. ❑ MONITORING HEALTH CONCERNS RELATED TO MARIJUANA IN COLORADO: 2014, PUBLISHED BY THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Based on legislative mandate, the Colorado Department of Health and Environment appointed a thirteen -member committee to review the scientific literature on the health effects of marijuana including Colorado -specific outcomes and use data. This report looks at changes in marijuana use in Colorado and also reviews literature on marijuana use and health effects. The committee, in reviewing the literature, judges the findings based on the evidence including categories such as substantial evidence, limited evidence, insufficient evidence, etc. SECTION 11: Reference Materials Page 1165 476 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 ❑ COLORADO'S LEGALIZATION OF MARIJUANA AND IMPACT ON PUBLIC SAFETY: A PRACTICAL GUIDE FOR LAW ENFORCEMENT, PUBLISHED BY THE COLORADO ASSOCIATION OF CHIEFS OF POLICE AND THE POLICE FOUNDATION This report focuses on identifying "Colorado's public safety challenges, solutions, and unresolved issues with legalized medical marijuana and recreational marijuana." ❑ POST -LEGALIZATION OF RETAIL MARIJUANA: A STUDY FOCUSING ON EFFECTS OF CRIME, LIVABILITY AND PERCEPTIONS OF CRIME IN THE DENVER METRO AREA, EARLY SUMMER 2015 BY METROPOLITAN STATE UNIVERSITY This report examines crime in Denver and homelessness since the first recreational retail businesses went into effect January 1 2014. ❑ DENVER METRO AREA SENTINEL COMMUNITY EPIDEMIOLOGY REPORT #1, MAY 15, 2015 BY THE DENVER OFFICE OF DRUG STRATEGY, PREPARED BY BRUCE MENDELSON, MPA, DENVER METRO AREA SENTINEL COMMUNITY EPIDEMIOLOGIST This report includes "data collection, analysis, and discussions" regarding alcohol and drug abuse in Denver and the Denver Metro area. ❑ MARIJUANA DATA DISCOVERY AND GAP ANALYSIS SUMMARY REPORT, SEPTEMBER 4, 2014 BY REBOUND SOLUTIONS This report by Rebound Solutions for the state of Colorado analyzes available data to gauge the impact of the legalization of marijuana has on the state of Colorado. This report identifies data, the value of the data and the gaps involved in doing a complete assessment. ❑ HEALTHY KIDS COLORADO SURVEY2013, SEPTEMBER 2014 PREPARED FOR THE COLORADO DEPARTMENT OF EDUCATION, COLORADO DEPARTMENT OF HUMAN SERVICES AND COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT BY THE UNIVERSITY OF COLORADO-DENVER COMMUNITY EPIDEMIOLOGY AND PROGRAM EVALUATION GROUP This report collected self -reported health information from Colorado middle to high school students related to a number of issues including drug abuse. ❑ FEDERAL PROPOSALS TO TAX MARIJUANA: AN ECONOMIC ANALYSIS, NOVEMBER 13, 2014 BY THE CONGRESSIONAL RESEARCH SERVICE, JANE G. GRAVELLE, ET AL This report "focuses solely on issues surrounding a potential federal marijuana tax." It provides a brief overview of marijuana production, justification estimate levels of tax and possible marijuana tax designs. SECTION 11: Reference Materials Page 1166 477 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3!September 2015 ❑ EXAMINING THE RELATIONSHIP BETWEEN MARIJUANA USE, MEDICAL MARIJUANA DISPENSARIES, AND ABUSIVE AND NEGLECTFUL PARENTING BY FREISTHLER, B., ET AL. This study examines whether and how current marijuana use, and the physical availability of marijuana, are related to child physical abuse, supervisory neglect, or physical neglect by parents while controlling a child, caregiver or family characteristics in a general population survey in California. ❑ WHAT WILL LEGAL MARIJUANA COST EMPLOYERS, 2014 BY NATIONAL FAMILIES IN ACTION This report covers the impact of legal marijuana on employers dealing with safety, litigation, compliance and productivity. ❑ 1-502 EVALUATION PLAN AND PRELIMINARY REPORT ON IMPLEMENTATION BY WASHINGTON STATE INSTITUTE FOR PUBLIC POLICY, SEPTEMBER 2015 ❑ THE EFFECTS OF CANNABIS USE DURING ADOLESCENCE, 2015 BY THE CANADIAN CENTRE ON SUBSTANCE ABUSE This report covers the impact of marijuana use on youth including the brain, mental illness and addiction. ❑ 'HIGH' ACHIEVERS? CANNABIS ACCESS AND ACADEMIC PERFORMANCE, BY OLIVIER MARIE AND ULF ZOLITZ, INSTITUTE FOR THE STUDY OF LABOR, BONN, GERMANY, MARCH 2015 This report investigates the impact of marijuana on student performance. O RESULTS OF THE 2013-2014 NATIONAL ROADSIDE SURVEY OF ALCOHOL AND DRUG USE BY DRIVERS BY THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, FEBRUARY 2015 Articles ❑ AMERICAN ACADEMY OF PEDIATRICS REAFFIRMS OPPOSITION TO LEGALIZATION OF MARIJUANA FOR RECREATIONAL OR MEDICAL USE, JANUARY 26, 2015 BY THE AMERICAN ACADEMY OF PEDIATRICS This policy statement opposing the legalization of marijuana also has some recommendations from the American Academy of Pediatrics. SECTION 11: Reference Materials Page 1167 478 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 ❑ AMERICAN EPILEPSY SOCIETY PRESIDENT SAYS SIDE EFFECTS OF ARTISANAL CBD OILS CAN BE SO SEVERE NO PEDIATRIC NEUROLOGIST IN COLORADO WILL RECOMMEND THEM, FROM NATIONAL FAMILIES IN ACTION & PARTNERS, THE MARIJUANA REPORT E- NEWSLETTER, JUNE 24, 2015 This article discusses medical marijuana related to CBD. ❑ ANY DOSE OF ALCOHOL COMBINED WITH CANNABIS SIGNIFICANTLY INCREASES LEVELS OF THC IN BLOOD, AMERICAN ASSOCIATION FOR CLINICAL CHEMISTRY, MAY 27, 2015 AS REPORTED IN Sciencefaily This article points to a study for the first time that the use of alcohol and marijuana produces a significantly higher blood concentration of THC than use of marijuana alone. ❑ EVIDENCE LINKING MARIJUANA AND RISK OF STROKE GROWS, AMERICAN HEART ASSOCIATION/NEWSROOM, FEBRUARY 20, 2015 This article reports that smoking marijuana may increase the chance of having a stroke. ❑ MARIJUANA BY THE AMERICAN LUNG ASSOCIATION (WEBSITE) This report discusses the negative impact of marijuana on health and youth. ❑ MARIJUANA AND MADNESS: CLINICAL IMPLICATIONS OF INCREASED AVAILABILITY AND POTENCY, ROBIN M. MURRAY, MD, PROFESSOR OF PSYCHIATRIC RESEARCH AT THE INSTITUTE OF PSYCHIATRY, KING'S COLLEGE LONDON, PSYCHIATRIC TIMES, APRIL 30,2015 In the Psychiatric Times this article discussed use and potency as well as cognitive impairment, psychosis, the developing brain and other implications. ❑ MARIJUANA USE DURING PREGNANCY AND LACTATION, JULY 2015 BY THE AMERICAN COLLEGE OF OBSTETRICIAN AND GYNECOLOGISTS, COMMITTEE ON OBSTETRIC PRACTICE This report discusses the use of marijuana while pregnant, ❑ PROPORTION OF PATIENTS IN SOUTH LONDON WITH FIRST -EPISODE PSYCHOSIS ATTRIBUTABLE TO USE OF HIGH POTENCY CANNABIS: A CASE -CONTROL STUDY, DEFORTI, ET AL, DEPARTMENT OF PSYCHOSIS STUDIES, INSTITUTE OF PSYCHIATRY, KING'S COLLEGE, LONDON, UK, LANCET PSYCHIATRY 2015 In the Lancet Psychiatry 2015 this study investigates how frequent use of high - potency marijuana in south London is associated with psychotic disorders. SECTION 11: Reference Materials Page ! 168 479 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 ❑ STUDY: SCANT EVIDENCE THAT MEDICAL POT HELPS MANY ILLNESSES, JUNE 23, 2015, AP MEDICAL WRITER LINDSEY TANNER, WITH HIGHLIGHTS FROM THE JOURNAL OF THE AMERICANMEDICAL ASSOCIATION This articles states, "Medical marijuana has not been proven to work for many illnesses that state laws have approved it for, according to the first comprehensive analysis of research on its potential benefits." ❑ MARIJUANA STUDY: MEDICAL POT ISN'T PROVEN, BY RICARDO BACA, THE DENVER POST BY RICARDO BACA, THE DENVER POST, JUNE 24, 2014 This article discusses a study published in the Journal of the American Medical Association concerning an analysis involving 6,500 participants that shows marijuana's efficacy regarding most related conditions is unproven. ❑ TEEN CANNABIS USERS HAVE POOR LONG-TERM MEMORY IN ADULTHOOD, MARCH 12, 2015, NORTHWESTERN UNIVERSITY This article discusses heavy teenage marijuana users having abnormally -shaped brain hippocampus that affects long-term memory. ❑ WHAT HAS RESEARCH OVER THE PAST TWO DECADES REVEALED ABOUT THE ADVERSE HEALTH EFFECTS OF RECREATIONAL CANNABIS USE?, WAYNE HALL, THE UNIVERSITY OF QUEENSLAND CENTRE FOR YOUTH SUBSTANCE ABUSE RESEARCH, HERSTON, AUSTRALIA, AUGUST 4, 2014, Addiction, 110. 19-35 This study examines the adverse impact of marijuana on health. SECTION 11: Reference Materials Page I 169 480 of 554 The Legalization of Marijuana in Colorado: The Impact Vol. 3/September 2015 THIS PAGE INTENTIONALLY LEFT BLANK SECTION 11: Reference Materials Page 1170 481 of 554 P192 482 of 554 Rocky Mountain High Intensity Drug Trafficking Area Investigative Support Center Denver, Colorado www.rmhidta.org/reports 483 of 554 CPCA Findings on Marijuana Use Brain Development and Public Health • In a paper published on November 10, 2014 in Proceedings of the National Academy of Sciences, researchers for the first time comprehensively describe existing abnormalities in brain function and structure of long-term marijuana users with multiple magnetic resonance imaging (MRI) techniques. Findings show chronic marijuana users have smaller brain volume in the orbitofrontal cortex (OFC), a part of the brain commonly associated with addiction, but also increased brain connectivity. • In a study published on October 2, 2012 in Proceedings of the National Academy of Science, researchers found that persistent cannabis use was associated with neuropsychological decline broadly across domains of functioning, even after controlling for years of education. Informants also reported noticing more cognitive problems for persistent cannabis users. Impairment was concentrated among adolescent -onset cannabis users, with more persistent use associated with greater decline. Further, cessation of cannabis use did not fully restore neuropsychological functioning among adolescent -onset cannabis users. • In 2011, marijuana accounted for 38 percent of ED visits in which illicit drugs were mentioned (about 450,000 visits, or one for ever/ 40 past -month marijuana users; SAMHSA, 2013a, Table 4); this is a 62-percent increase since 2004 (SAMHSA, 2013a, Table 9). The most common stated reason for these visits is "unexpected reaction" (Kissin and Ball, 2003), which is usually a transient panic attack brought on by extreme intoxication. • Marijuana smoke contains many of the same carcinogens as tobacco smoke (Moir et al., 2008). • According to the National Institute on Drug Abuse/ National Institute of Health, approximately 9 percent, or 1 in 11, of those who use marijuana will become addicted. This rate increases to 17 percent, or about 1 in 6, if you start in your teens. • The Rocky Mountain High Intensity Drug Trafficking Area (HIDTA) reports that ED visits related to marijuana (for those of any age) increased in Colorado by 29 percent in the first year after legalization of personal possession and use (12,888 in 2013 versus 9,982 in 2012), and that was before stores selling recreational marijuana opened. • According to Colorado Public Radio, on April 29, 2014 "The head of the emergency room at one of Denver's largest hospitals says he's seeing more Michaels 2015 484 of 554 people being admitted after consuming large quantities of edible marijuana in the form of cookies or other foods. Dr. Richard Zane, head of the Department of Emergency Medicine at the University of Colorado Hospital, says the increase coincides with the legalization of recreational marijuana...Dr. Zane says University Hospital is admitting about a person a day for pot -related problems, and most are linked to edibles." • According to a doctor's account at Colorado's Telluride Medical Center, "I have served in emergency departments for over 15 years. During those first ten years I don't recall treating a single case of an adverse reaction to marijuana. This changed as medicinal marijuana use became more prevalent. Now, after the Legalization of recreational marijuana, I'm noticing a dramatic increase in emergency visits related to the drug...The majority of patients reporting marijuana related emergencies at the Telluride Medical Center have the same symptoms: severe nausea and vomiting, anxiety, elevated heart, respiratory and blood pressure rates... A recent study published by the journal JAMA Pediatrics reported a spike in the number of young children treated at Children's Hospital Colorado for accidentally eating marijuana treats. The study found that in the two years after marijuana laws were liberalized in 2009,14 kids were treated for accidental ingestion. In the four years before the change, the study found no children had been hospitalized for accidental ingestion. • According to the 2012 National Survey for Drug Use and Health (conducted by the U.S. Department of Health and Human Services), because they are accessible and available, our legal drugs are used far more than our illegal ones. According to recent surveys, alcohol use is used by 52% of Americans and tobacco is used by 27% of Americans. Marijuana is used by 8% of Americans. • According to the national organization "Smart Approaches to Marijuana," for every $1 in alcohol and tobacco tax revenues, society loses $10 in social costs, from accidents to health damage. o LM Note: unable to find primary source of this statistic. • According to the University of Mississippi Potency -Monitoring Project, since 1983, when the THC concentrations averaged below 5 percent, potency has intensified with today's potency averaging 14% with peek content exceeding 30%. In BHO was it is up to 95% THC Michaels 2015 485 of 554 Impact on Youth • In Colorado, Drug -related suspensions/expulsions increased 40 percent from school years 2008/2009 to 2013/2014. The vast majority were for marijuana violations (HIDTA). • Legalization diminishes perceived risk of use among high school students. A 2013 study conducted by the Colorado Department of Public Health and Environment found that the percentage of high school students who thought there was moderate or great risk from marijuana declined from 58 percent in 2011 to 54 percent in 2013. • ED episodes involving children are a particular concern. Colorado has experienced an increase in young children admitted to EDs because of accidental ingestion of marijuana infused edibles (e.g., Ingold, 2014b; Wang, Roosevelt, and Heard, 2013). According to an article in The Denver Post published in May 2014, nine children went to just one hospital ED (Children's Hospital Colorado) between January and May 2014, which was more than it saw the entire year before. Seven of the nine were admitted to the hospital's intensive care unit to be watched due to extreme sedation and agitation, and one required a respirator. • In a January 2015 Policy Statement, the American Academy of Pediatrics stated that "The AAP opposes legalization of marijuana because of the potential harms to children and adolescents. The AAP supports studying the effects of recent laws legalizing the use of marijuana to better understand the impact and define best policies to reduce adolescent marijuana use." • In Colorado, there was a 20 percent increase in the percent of 12 to 17 year old probationers testing positive for marijuana since marijuana was legalized for recreational purposes (HIDTA). • Children's Hospital Colorado reported 2 marijuana ingestions among children under 12 in 2009 compared to 16 in 2014 (HIDTA). Drugged Driving • The 2007 National Roadside Survey found that the most prevalent drug detected in the pilot study was marijuana. In 2009, marijuana accounted for 25 percent of all positive drug tests for fatally injured drivers for whom drug -test results were known and 43 percent among fatalities involving drivers 24 years of age and younger with known drug -test results. • Downey (2012) finds that the increase of THC dosage alone influences perception of what is a safe distance to leave between cars. Furthermore, differences in the Michaels 2015 486 of 554 amount of "straddling the solid line," "straddling the barrier line," "insufficient stopped clear space" occur when THC was consumed (rather than a placebo). • Li (2011) finds that drivers who test positive for marijuana or self -report using marijuana are more than twice as likely as other drivers to be involved in motor vehicle crashes • Bosker (2012) finds that cannabis is significantly related to performance on the one -leg stand test. • According to a May 2014 Denver Post article, in 2011, the proportion of drivers in fatal crashes in Colorado testing positive for marijuana had risen to 10 percent — up from 5.9 percent in early 2009. o LM Note: Even with a 5 nanogram per se in Colorado, drugged driving has increased. Black Market Activity • PBS recently did a program on black market activity in Colorado, "One of the benefits attached to legalization was that it would eliminate the black market. But that market is still thriving, according to a 39 year old marijuana grower who asked us to call him John Doe and to conceal his identity because he sells on the underground market.... John Doe says low-income buyers turn to the black market because prices are higher at legal retail stores. There's conflicting information, but an ounce of pot on the black market can cost as little as $180. At the store Andy Williams owns, you have to pay around $240 for an ounce...The illegal trade is doing especially well in black and Latino communities, and he says it works the same way it did when pot was illegal." • According to an April 2014 Washington Times article, legalization has done nothing more than enhance the opportunity for the black market. • During 2009 - 2012, when medical marijuana was commercialized, the yearly average number of interdiction seizures of Colorado marijuana increased 365 percent from 52 to 242 per year. During 2013 - 2014, when recreational marijuana was legalized, the yearly average interdiction seizures of Colorado marijuana increased another 34 percent from 242 to 324 (HIDTA). • The average pounds of Colorado marijuana seized, destined for 36 other states, increased 33 percent from 2005 - 2008 compared to 2009 - 2014 (HIDTA). • U.S. mail parcel interceptions of Colorado marijuana, destined for 38 other states, increased 2,033 percent from 2010 - 2014 (HIDTA). • Pounds of Colorado marijuana seized in the U.S. mail, destined for 38 other states, increased 722 percent from 2010 - 2014 (HIDTA). Michaels 2015 487 of 554 Our Penal System • As of Januaryl, 2011 possession of one ounce or less of marijuana is an infraction punishable by a maximum $100 fine with no criminal record under CA Health and Safety Code 11357b. • According to the Office of the Attorney General, there were 13,779 marijuana - related felony arrests in California in 2013, compared to 85,035 "dangerous drug" related felony arrests. Because personal possession is an infraction, these felony arrests apply to illicit sale and illicit cultivation (meaning sale and cultivation occurring outside of permitted medical marijuana activity). Michaels 2015 488 of 554 ADDITIONAL REFERENCES AND SOURCES: Research Report Series: Marijuana," National Institute of Health, National Institute on Drug Abuse; July 2012. For quick reference, see "Drug Facts: Marijuana": National Institute of Health, National Institute on Drug Abuse; January 2014, available at: https://www.drugabuse.gov/publicationsfdrugfacts/marijuana. California Healthy Kids Survey Research Report Series: Marijuana," National Institute of Health, National Institute on Drug Abuse; July 2012. For quick reference, see "Drug Facts: Marijuana": National Institute of Health, National Institute on Drug Abuse; January 2014, available at: https://www.drugabuse.gov/publications/drugfacts/marijuana. http://www.acpeds.orgimarijuana-use-detrimental-to-youth http://www.rmhidta. org/htm1/2015 %20F INAL%20LEGALIZATION%20OF%20MARIJUANA %20IN%2000LORADO%20THE%20IMP ACT.pdf ARIZONA REFERENCES "Research Report Series: Marijuana," National Institute of Health, National Institute on Drug Abuse; July 2012. For quick reference, see "Drug Facts: Marijuana": National Institute of Health, National Institute on Drug Abuse; January 2014, available at: https://www.drugabuse.gov/publicationsfdrugfacts/marijuana. "Arizona Youth Survey: State Report," Arizona Criminal Justice Commission, 2012; p. 32. For quick reference, see "Arizona Youth Survey 2012: Marijuana Data Brief." "Research Report Series: Marijuana," National Institute of Health, National Institute on Drug Abuse; July 2012. "Drug Facts: Marijuana": National Institute of Health, National Institute on Drug Abuse; January 2014, available at: https://www.drugabuse.gov/publications/drugfacts/marijuana Meier, Madeline H.; Caspi, Avshalom, et. al., "Persistent Cannabis Users Show Neuropsychological Decline From Childhood to Midlife," Proceeding of the National Academy of Sciences of the United States of America", vol. 109 no. 40; October 2, 2012. Calkins, Kathryn, "Early Onset, Regular Cannabis Use Is Linked to IQ Decline," National Institute on Drug Abuse; August 13, 2013. Accompanying video presentation by Dr. Madeline Meier, located at: https://www.youtube.com/watch?v=gJXnxHYapbE. "Marijuana's Lasting Effects on the Brain," National Institute on Drug Abuse; March 2013. "Heavy marijuana users have abnormal brain structure and poor memory," Science Codex; December 6, 2013. "Heavy marijuana users have abnormal brain structure and poor memory," Science Codex; December 6, 2013. ,. "Arizona Youth Survey: State Report," Arizona Criminal Justice Commission, 2012; p. 58. "Two New Studies Conclude Marijuana Use Connected to College Failure," Community Anti -Drug Coalitions of America; March 28, 2013. 489 of 554 "Two New Studies Conclude Marijuana Use Connected to College Failure," Community Anti - Drug Coalitions of America; March 28, 2013. "Is there a link between marijuana use and mental illness?" National Institute on Drug Abuse; July 2012. MacDonald, Ann, "Teens who smoke pot at risk for later schizophrenia, psychosis," Harvard Health; March 7, 2011. Bergland, Christopher, "Heavy Marijuana Use Alters Teenage Brain Structure," Psychology Today; December 16, 2013. "" "Research Report Series: Marijuana," National Institute of Heal Health, National Institute on Drug Abuse; July 2012. For quick reference, see "Drug Facts: Marijuana": National Institute of Health, National Institute on Drug Abuse; January 2014, available at: https://www.drugabuse.gov/publicationsidrugfacts/marijuana. "Arizona Youth Survey: State Report," Arizona Criminal Justice Commission, 2012. For quick reference, see "Arizona Youth Survey 2012: Marijuana Data Brief."This prediction by the Arizona Criminal Justice Commission is an extrapolation based on the date included in the "Arizona Youth Survey: State Report," Arizona Criminal Justice Commission, 2012. ' "Research Report Series: Marijuana," National Institute of Health, National Institute on Drug Abuse; July 2012. For quick reference, see "Drug Facts: Marijuana": National Institute of Health, National Institute on Drug Abuse; January 2014, available at: https://www.drugabuse.govipublications/drugfacts/marijuana. "How cannabis suppresses immune functions: cannabis compounds found to trigger unique immune cells which promote cancer growth," Wiley -Blackwell, ScienceDaily; November 26, 2010. ""Drug Facts: Drugged Driving," National Institute of Health, National Institute on Drug Abuse; October 2013. '' "Drug Facts: Drugged Driving," National Institute of Health, National Institute on Drug Abuse; October 2013." "The Public Health Consequences of Marijuana Legalization," White House Fact Sheet. Kilmer, Beau, et al., "Altered States? Assessing How Marijuana Legalization in California Could Influence Marijuana Consumption and Public Budgets," RAND Corp.; 2010. "Marijuana in the Workplace," University of Washington, Alcohol & Drug Abuse Institute; August 2013. "' "The Public Health Consequences of Marijuana Legalization," White House Fact Sheet. 490 of 554 JESUS RODRIGUEZ ASSISTANT DISTRICT ATTORNEY OFFICE OF THE DISTRICT ATTORNEY COUNTY OF SAN DIEGO BONNIE M. DUMANIS DISTRICT ATTORNEY San Diego 330 West Broadway San Diego, CA 92101 (619) 531-4040 httpilwww.sandiegoda.coln RE: No. 15-0103 - The Control, Regulate, and Tax Adult Use of Marijuana Act, commonly referred to as the "Parker Initiative" Key Provisions On November 2, 2015, proponents for the legalization of marijuana, including Sean Parker, submitted a proposed state-wide ballot initiative with a request for title and summary. The proposed initiative was assigned number 15-0103, and was titled, "The Control, Regulate, and Tax Adult Use of Marijuana Act. " It is also known as the "Parker Initiative", and the "Adult Use of Marijuana Act" or the "AUMA." An amended version of the proposed initiative was submitted on December 7, 2015. Title and Summary were prepared on January 6, 2016. If passed by the voters, the initiative would legalize the possession of one ounce of marijuana and the cultivation of six plants by adults, 21 years of age and over. Beginning in 2018, it would allow licenses and regulations for small and medium cultivators and for retail sales. It would also impose state sales taxes of 15% of the sales price and cultivation taxes per ounce of flowers and leaves. The Office of the San Diego County District Attorney has not taken a position on this initiative. However, there are concerns that are worth noting. Numerous articles and studies on the recreational marijuana laws in other states, and the impact of those laws on communities have been published. One underlying reality facing states that have legalized marijuana is that the federal government still classifies it as a Schedule I drug under the Controlled Substances Abuse Act of 1970 (the "CSA"). It remains illegal at the federal level. AlI of the ramifications of this conflict in the laws is yet to be determined. What is clear is that the usual venture capitalists, and investors are steering clear of this risky business. This wild -west of an industry is unlike any we have ever known, and by studying what challenges the other states are facing, we can begin to understand the price we may pay from the legalization of marijuana, and from passage of this particular initiative. The Underground Black Market: Proponents of the initiative claim that "by bringing marijuana into a regulated and legitimate market, AUMA creates a transparent and accountable system. This will help police crackdown on the underground black market that currently benefits violent drug cartels and transnational gangs, which are making billions from marijuana trafficking and jeopardizing public safety." However, it is a mistake to infer that cartels and other criminals will quietly get out of the drug dealing business, and not infiltrate the burgeoning multi -billion dollar a year marijuana industry. Cartels and gangs don't play by normal business rules and don't obey regulations and laws. The cartels are notorious for their innovative smuggling strategies and their flagrant use of our public land to grow thousands and thousands of marijuana plants. "The competitive advantage of 491 of 554 criminal organizations stems from their proficiency in violence, intimidation and smuggling, none of which are essential to compete in legal markets," says Ethan Nadelmann, director of the Drug Policy Alliance. While the trafficking of cocaine, heroin and methamphetamine is the main focus of U.S. law enforcement, it is marijuana that has long provided most of the revenue for Mexican drug cartels. More than 60 percent of the cartels' revenue -- $8.6 billion out of $13.8 billion in 2006 -- came from U.S. marijuana sales, according to the White House Office of National Drug Control Policy. There are no indications that this will change; rather indications are that they will increase their land holdings in states where the cultivation and sales are legal. In fact, there has been a spike in marijuana shipments out of the legalized region across state lines to supply users in neighboring states where marijuana remains illegal. "No one knows exactly how much pot leaves Colorado. When illegal shipments are seized, it's often impossible to prove where the marijuana was grown. But court documents and interviews with law enforcement officials indicate well -organized traffickers are seeking refuge in Colorado's flourishing pot industry," according to an Associated Press article in January 2016. The Rocky Mountian High Intensity Drug Trafficking Area (RMHIDTA) 2015 annual report shows that in one year after marijuana retail stores started operating, there was a 25% increase in the number of interstate seizures with most of the marijuana going to Kansas and Missouri. Interdiction experts estimate they seize 10% or less of what gets through undetected. Although anecdotal evidence suggests the legalization of marijuana has reduced the cartels multi -billion dollar bottomline, what will prevent these dangerous organizations and other criminals from infiltrating the so-called "legal structure" offered under AUMA. Shortly before Colorado legalized commercial marijauna in 2013, agents served search warrants at 14 Denver dispensaries operated by individuals with alleged ties to Columbian cartels. These enterprises excel at money laundering. The criminal structures are extremely complex, with far-reaching financial tentacles that easily penetrate "legal" businesses, and especially those businesses where the operators are already entrenced. A recent article in the Los Angeles Times reported that Washington's State Liquor and Cannabis Board will now allow investors from around the U.S. to help finance the state's exploding legal marijuana industry. Oregon approved a similar practice, and Colorado is expected to follow suit, eliminating its two year residency requirement for financiers. This change comes with the risk that cartels will become the new breed of marijuana venture capitalists. As far as the importation of marijuana from other countries, advocates argue the cartels are being pushed aside by the gradual legalization of marijuana in the U.S. A recent TIME Magazine article points out that despite several states legalizing marijuana, cartels are not going away, but simply shifting their business strategy. "Seizures of both heroin and crystal meth on the U.S.- Mexico border have gone up as those of marijuana have sunk, according to U.S. Depaitunent of Homeland Security (DHS). In 2015, DHS figures revealed an astounding 300% increase in California meth seizures coming from Mexico in the last few years. Driving Under The Influence of Drugs (DUID): Legalization of marijuana in Colorado, Washington and Oregon has led to more motorists driving under the influence and there is no reason to believe this trend will not manifest in California if AUMA passes. Those who smoke today's highly potent marijuana and get behind the wheel are a risk to all drivers. The data already shows these individuals cause significant injury and financial loss to innocent motorists. Whether a driver is impaired due to alcohol or 492 of 554 marijuana or both, it is illegal. Driving under the influence of marijuana is already on the rise and much harder to prove in a court of law. Colorado has seen a spike in driving fatalities in which marijuana alone was involved, according to Insurance.com. The trend started in 2009 — the year medical marijuana dispensaries were effectively legalized at the state level. In 2015, the RMHIDTA annual report shows that one year after commercial marijuana was legalized, Denver Police Department reported a 100% increase in DUIDs involving marijuana. Nearby counties, such Larimer and Aurora, also reported significant increases of DUIDs involving marijuana. Newly released data from the Washington Traffic Safety Commission (WTSC) shows that marijuana is increasing as a factor in deadly crashes. The number of drivers involved in fatal crashes who tested positive for marijuana increased 48 percent from 2013 to 2014. Considering how much taxable revenue AUMA anticipates will be generated by the legalization of marijuana, it offers a meager three -million dollars a year for four years to the California Highway Patrol (CHP) to develop and implement rigorous evidence -based DUID testing. In California there is currently no DUID standard for testing the level of someone who may be Driving Under the Influence of marijuana, and creating an evidence based standard may be problematic. States that have legalized medical marijuana, and more recently commercial marijuana, are still trying to develop a viable DUID test that is comparable to the DUI Blood Alcohol Content matrix. In 2013, Colorado passed a law that put limits on blood levels while driving and created a legal presumption that at 5 nanograms or more of active THC per milliliter, a driver is impaired. While a blood draw is considered the gold standard to determine impairment for alcohol, there are issues when it comes to marijuana because it converts more quickly than alcohol. Marijuana impaired driving arrests are being successfully challenged due to the amount of time that passes between pulling over suspected impaired drivers; determining if they are under the influence of marijuana, finding a judge, obtaining a search warrant to perform a blood draw and then having that sample tested at the state toxicology laboratory. Law enforcement in California, which legalized medical marijuana in 1996, and states that have legalized recreational marijuana since and now have more impaired drivers on the road, continue to grapple with the marijuana DUID issue due to the lack of scientific advancements in this area. Dangers to Teens and Children AUMA claims it will protect teens from marijuana by limiting marketing and regulating packaging and labeling. Unfortunately, current AUMA guidelines, which are similar to those in the other states, will not protect teens. It allows for the delivery of this gateway drug right to their doorstep. Those under the age of 18 will have greater access to marijuana than ever before and the punishment for breaking the laws promulgated by AUMA are so lenient that they will not serve as a deterrent. Teenagers who grow their own marijuana, smoke or sell it and get caught will receive no meaningful punishment. If marijuana is legal for those 21 and older, it becomes "normalized," and sends the wrong message to our teens. If the adults around them are using and growing marijuana, and eating marijuana products like gummy bears and lollipops, they may conclude that marijuana must be okay and safe. 493 of 554 AUMA states that "no licensee shall advertise or market" marijuana products in a manner to encourage persons under the age of 21 years to consume marijuana. Colorado has the same law, but enforcing it is another issue. Dispensaries in Colorado, which are held to similar anti -child labeling compliance regulations, package marijuana products with names such as "Girl Scout Cookies." According to the 2015 RMHIDTA report, marijuana medical centers currently outnumber Starbucks coffee shops and recreational marijuana stores outnumber McDonalds restaurants in Colorado. In Ohio, marijuana proponents have created a campaign "super -hero" mascot. The cartoonish marijuana budhead is named "Buddie." He is currently touring college campuses to drum up support for legalization of marijuana in that state. Teenagers under 18 years of age will have a tough time ignoring the marketing blitz in their neighborhoods, and those between 18 and 20 years of age will be faced with marijuana marketing on college campuses. A New England Journal of Medicine article states, "Although the use of marijuana remains illegal everywhere for people under 21 years of age, today's edibles are likely to appeal to children and young people. Even if consumption by minors is not intended by manufacturers, the packaging of edibles brings to mind the tort -law concept of the "attractive nuisance": a hazardous condition that is foreseeably likely to attract children who are unable to appreciate the risk involved. It also evokes tobacco companies' use of advertising campaigns with youth appeal, such as the long -running campaign featuring Joe Camel." There are real, significant dangers to children because of these slick marketing campaigns, packaging, and sadly, the tragedy of accessibility to toddlers in their home. Dozens of youngsters find the "edible" marijuana products, brightly packaged and adorned with cartoon characters, naturally appealing. In 2014, when marijuana retail businesses began operating, Colorado's Rocky Mountain Poison and Drug Control Center marijuana -related calls increased over 70 percent from 2013. During that same time, the Center reported 38 cases of marijuana related exposures for children 0 to 5 years of age. In 2015, the Washington Poison Control received 272 calls regarding exposures to marijuana products. Of those 272 cases, nearly half were for youngsters 19 years of age and under. The majority of calls were regarding 13 — 19 year olds who had been exposed to some form of marijuana, and more than 20 calls were for toddlers three years of age and under also exposed to some form of marijuana. Not only does the legalization of marijuana in general cause concern, but some of the provisions in the AUMA are problematic. The following are some of the concerns surrounding its key provisions. Cultivation A homeowner or a renter could grow, harvest, and process up to six plants in every home or apartment. (A landowner may, however, restrict the ability for a tenant to do so.) While local jurisdictions could ban outdoor cultivation, indoor cultivation of six plants or less could not be banned. Enforcement of the latter provision is questionable. License to Sell 11 Marij u an a 494 of 554 The initiative allows -persons convicted of dealing large amounts of controlled substances such as heroin, methamphetamine or cocaine to become "legal marijuana dealers." There is nothing in the initiative that will prevent anyone with a prior conviction involving dealing any drug (Cocaine, PCP, Heroin, Methamphetamine, etc.) from getting a license except for those who fall into the following categories: • Persons previously convicted of using a minor to commit a drug felony: i.e. the practice of using a child as a courier to sell drugs to other children, but not the more common practice of using a child to hold the dealer's stash, serve as a lookout, or serve as a courier to adult buyers. • Persons convicted of a drug felony involving quantities exceeding one kilogram of a controlled substance. Keep in mind, however, that an amount that is barely less than one kilogram represents a substantial level of drug dealing. For example, slightly less than one kilogram of Heroin can yield approximately 20-thousand doses, one kilogram of Meth yields 10-thousand doses, one kilogram of Cocaine yields 10-thousand doses. • Persons convicted of manufacturing more than one pound of solid or three gallons of liquid drugs. Again, these are substantial quantities. The Parker Initiative is very explicit that a prior conviction for any trafficking or manufacture of a controlled substance may not, in itself be the sole grounds for rejecting a license. Thus, those who were convicted of dealing very high quantities of drugs, thousands upon thousands of doses, cannot be denied a license on that basis alone. The end result may very well be that convicted drug dealers will continue to deal both legal drugs such as marijuana, in the same place and at the same time they continue to deal illegal drugs, jeopardizing public safety. Only once caught, does the illegal trafficking of drugs become grounds for license revocation. Prior Marijuana Convictions An individual previously convicted of any marijuana offenses, no matter how recent, may petition to have his conviction expunged. This includes individuals who are currently serving time, as well as persons whose activities were used to advance the objectives of a criminal street gang. Prosecutors will no longer be able to allege one-year prison prior enhancements, if the underlying conviction involved marijuana, and the conviction has been expunged. Penalties for Violations The penalties for possession for those 18 and younger suggest they may be at risk to become the users, growers and dealers of tomorrow. The penalty for a first time possession offense for those 18 years of age and under is an infraction (whether it's possession of less than or more than an ounce of marijuana). Penalties for first time offenders 18 years of age and under who plant, cultivate or harvests ANY marijuana face an infraction. Every person under the age of 18 who possesses marijuana for sale also faces an infraction. This initiative provides no incentive for teenagers not to get into the business of using and selling marijuana. The penalties for adults and juveniles are as follows: 495 of 554 Smoking marijuana in a public place is an infraction punishable by $100; but if under 18, must complete 4 hours of drug education and up to 10 hours community service in lieu of the fine. Smoking/Vaping in violation of no smoking signs is an infraction with $250 fine. For juvenile, it is four hours of drug education and up to 20 hours of community service. Possession of less than an ounce of marijuana by an individual 18 - 20 years of age would be an infraction with a maximum fine of $100. Possession of less than an ounce of marijuana (4 grams concentrated cannabis) by a person under the age of 18 is an infraction and is punishable by 4 hours of drug education and up to 10 hours community service in lieu of the fine for a first offense, and 6 hours of drug education and 20 hours of community service for each subsequent offense. Possession of more than an ounce of marijuana (8 grams of concentrated cannabis if over 21 pursuant to HS 11362.1 (a) (2), otherwise 4 grams) by an individual over 18 would remain a violation of HS11357(b) and would be subject to imprisonment of not more than six months or by of fine of $500, or by both fine and imprisonment; but if under 18, it is an infraction with 8 hours of drug education and 40 hours of community service for a first offense and 10 hours of drug education and up to 60 hours of community service for a second offense. Use of marijuana within 1000 feet of a school or day care, if detectable and children are present, is punishable as an infraction with a $250 fine,but if under 18, it is punishable by 4 hours drug education and 20 hours community service. Possession or use of marijuana on a school or day care for anyone over 18 is a misdemeanor, up to $250 fine for a first offense, and a $500 fine and up to 10 days in county jail for a second offense. Possession or use of marijuana on a school or day care for anyone under 18 is an infraction, with 8 hours of drug education and 40 hours of community service for a first offense and 10 hours of drug education and up to 60 hours of community service for a second offense. Growing more than 6 plants or otherwise violating the cultivation rules for personal use would be an infraction with up to a $250 fine, except that any underage growers, persons 18 - 20 who grow up to 6 plants thus violating the rules, would be guilty of an infraction with a fine of up to $100. And those persons under 18, any cultivation would be an infraction, with 8 hours of drug education and 40 hours of community service for a first offense and 10 hours of drug education and up to 60 hours of community service for a second offense. Except that anyone over 18 growing more than six plants may be punished by 16m, 2, 3 years in local prison if, they have a prior conviction of specified sex offenses with a child under 14, homicide or solicitation of homicide offenses, assault with a machine gun on a peace officer or firefighter, possession of a weapon of mass destruction, an offense requiring registration as a sex offender, two prior convictions for gift or sales, the offense involved the knowing sale to a person under the age of 18, importing or exporting marijuana in or out of State or any serious and/or violent felony offense punishable in California by life imprisonment or death; if they have two prior convictions for growing 496 of 554 more than 6 plants, or, if the offense results in the diversion of water, pollution, the discharge of hazardous waste, or environmental harm. Possession of marijuana for sale would be a misdemeanor with a maximum penalty of $500 fine and up to six months in county jail. Juvenile violators could get 8 hours of drug education and 10 hours of community service for a first offense or 6 hours and 20 hours of community service for subsequent offenses. Except that individuals over 21 who possess marijuana for sales and the offense involves knowingly hiring or using a person younger than 21 to grow or sell marijuana is a felony punishable by 16m, 2, 3 years in local prison. Felony prosecutions are also available for individuals over 18 who possess for sale, sell or transport marijuana for sales if they have a prior conviction of specified sex offenses with a child under 14, homicide or solicitation of homicide offenses, assault with a machine gun on a peace officer or firefighter, possession of a weapon of mass destruction, an offense requiring registration as a sex offender, two prior convictions for sales or transportation, the offense involved the knowing sale to a person under the age of 18, importing or exporting more than 1 ounce (4 grams concentrated) marijuana in or out of state or any serious and/or violent felony offense punishable in California by life imprisonment or death; in which case they will serve 16m, 2, or 3 years in local prison for possession for sales, and 2-3-4 years in local prison for sales or transportation for sales. Manufacturing of Butane Hash Oil would be a felony, 3/5/7 years in State Prison and $50,000 fine. Marketing: Marijuana businesses would be banned from locating within 600 feet of schools. Consumption is prohibited within 1,000 feet of a school (K-12) or youth -center while children are present, except on residential property or on licensed premises and provided the smoking is not detectable by the children. Conclusion: The legalization of marijuana in general raises concerns regarding the involvement of cartels who may buy up the land in California and monopolize the industry through violence and intimidation. Additionally, the AUMA will allow those persons who have been convicted of dealing large amounts of controlled substances such as heroin, methamphetamine or cocaine to become licensed marijuana dealers, allowing a greater criminal presence in the industry. Rates of DUID will rise in California as they have in the other states that have legalized marijuana. AUMA allocates $3 million annually to the CHP to establish and adopt DUID enforcement and identification standards and protocols. Currently, none exist in California. However, there is no clarification regarding THC remnant levels, especially if the person is a Medical Marijuana patient or a chronic user and evidence based standards will be difficult to develop. In the meantime, people will continue to drive under the influence, injuring and killing other innocent drivers on the road. 497 of 554 AUMA will allow those 21 and older to grow up to six indoor plants. How will anyone know if someone is growing six or 16 plants inside their home? More importantly, if the person doing the growing is a juvenile, the punishment is an infraction. In fact, juveniles face only an infraction for possession, for growing, for selling or for transporting ANY amount of marijuana. Thus, the AUMA actually encourages the entry of juveniles into the industry. These issues are only some of the concerns that arise from the legalization of marijuana and the passage of the AUMA. These concerns must be considered before an intelligent decision is made on whether to support or oppose this measure. 498 of 554 / National Institute { on Drug Abuse ��hl DrugFacts What is marijuana? www.drugabuse.gov Marijuana Marijuana refers to the dried leaves, flowers, stems, and seeds from the hemp plant, Cannabis sativa. The plant contains the mind -altering chemical delta-9- tetrahydrocannabinol (THC) and other related compounds. Extracts with high amounts of THC can also be made from the cannabis plant (see "Marijuana Extracts" on page 2), ' Marijuana is the most commonly used illicit drug in the Photo by NIDA United States.' Its use is widespread among young people. According to a yearly survey of middle and high school students, rates of marijuana use have steadied in the past few years after several years of increase. However, the number of young people who believe marijuana use is risky is decreasing.2 Legalization of marijuana for medical use or adult recreational use in a growing number of states may affect these views. Read more about marijuana as medicine in DrugFacts: 1s Marijuana Medicine? at www.drugabuse.gov/publications/drugfacts/marijuana- medicine. How do people use marijuana? People smoke marijuana in hand -rolled cigarettes (joints) or in pipes or water pipes (bongs). They also smoke it in blunts —emptied cigars that have been partly or completely refilled with marijuana. To avoid inhaling smoke, more people are using vaporizers. These devices pull the active ingredients (including THC) from the marijuana and collect their vapor in a storage unit. A person then inhales the vapor, not the smoke. Photo by ©Stephen 0rsilla/ Shutterstock/http://shutr.bz/1Mkvs 1K Marijuana March 2016 4 Page 1 499 of 554 Users can mix marijuana in food (edibles), such as brownies, cookies, or candy, or brew it as a tea. A newly popular method of use is smoking or eating different forms of THC- rich resins (see "Marijuana Extracts"). Marijuana Extracts Smoking THC-rich resins extracted from the marijuana plant is on the rise. Users call this practice dabbing. People are using various forms of these extracts, such as: • hash oil or honey oil —a gooey liquid • wax or budder —a soft solid with a texture like lip balm • shatter —a hard, amber -colored solid These extracts can deliver extremely large amounts of THC to users, and their use has sent some people to the emergency room. Another danger is in preparing these extracts, which usually involves butane (lighter fluid). A number of people who have used butane to make extracts at home have caused fires and explosions and have been seriously burned. How does marijuana affect the brain? Marijuana has both short -and long-term effects on the brain. Short-term effects When a person smokes marijuana, THC quickly passes from the lungs into the bloodstream. The blood carries the chemical to the brain and other organs throughout the body. The body absorbs THC more slowly when the person eats or drinks it. In that case, the user generally feels the effects after 30 minutes to 1 hour, THC acts on specific brain cell receptors that ordinarily react to natural THC-like chemicals in the brain. These natural chemicals play a role in normal brain development and function. THC acts on numerous areas (in yellow) in the brain. Image by NIDA Marijuana overactivates parts of the brain that contain the highest number of these receptors. This causes the "high" that users feel. Other effects include: • altered senses (for example, seeing brighter colors) • altered sense of time • changes in mood Marijuana . March 2016 • Page 2 500 of 554 • impaired body movement • difficulty with thinking and problem -solving • impaired memory Long-term effects Marijuana also affects brain development, When marijuana users begin using as teenagers, the drug may reduce thinking, memory, and learning functions and affect how the brain builds connections between the areas necessary for these functions. Marijuana's effects on these abilities may last a long time or even be permanent. For example, a study showed that people who started smoking marijuana heavily in their teens and had an ongoing cannabis use disorder lost an average of eight IQ points between ages 13 and 38. The lost mental abilities did not fully return in those who quit marijuana as adults. Those who started smoking marijuana as adults did not show notable IQ declines.3 A Rise in Marijuana's THC Levels The amount of THC in marijuana has been increasing steadily over the past few decades.4 For a new user, this may mean exposure to higher THC levels with a greater chance of a harmful reaction. Higher THC levels may explain the rise in emergency room visits involving marijuana use. What are the other health effects of marijuana? Marijuana use may have a wide range of effects, both physical and mental. Physical effects • Breathing problems. Marijuana smoke irritates the lungs, and frequent marijuana smokers can have the same breathing problems that tobacco smokers have. These problems include daily cough and phlegm, more frequent lung illness, and a higher risk of lung infections, Researchers still do not know whether marijuana smokers have a higher risk for lung cancer. • Increased heart rate. Marijuana raises heart rate for up to 3 hours after smoking, This effect may increase the chance of heart attack. Older people and those with heart problems may be at higher risk. The popularity of edibles also increases the chance of users having harmful reactions. Edibles take longer to digest and produce a high. Therefore, people may consume more to feel the effects faster, leading to dangerous results. Dabbing is yet another growing trend. More people are using marijuana extracts that provide stronger doses, and therefore stronger effects, of THC (see "Marijuana Extracts" on page 2). Higher THC levels may mean a greater risk for addiction if users are regularly exposing themselves to high doses. • Problems with child development during and after pregnancy. Marijuana use during pregnancy is linked to increased risk of both brain and behavioral problems in babies. If a pregnant woman uses marijuana, the drug may affect Marijuana • March 2016 • Page 3 501 of 554 certain developing parts of the fetus's brain. Resulting challenges for the child may include problems with attention, memory, and problem -solving. Additionally, some research suggests that moderate amounts of THC are excreted into the breast milk of nursing mothers. The effects on a baby's developing brain are still unknown. Mental effects Long-term marijuana use has been linked to mental illness in some users, such as: • temporary hallucinations —sensations and images that seem real though they are not • temporary paranoia —extreme and unreasonable distrust of others • worsening symptoms in patients with schizophrenia (a severe mental disorder with symptoms such as hallucinations, paranoia, and disorganized thinking) Marijuana use has also been linked to other mental health problems, such as depression, anxiety, and suicidal thoughts among teens. However, study findings have been mixed, How Does Marijuana Affect a User's Life? Compared to nonusers, heavy marijuana users more often report the following: • lower life satisfaction • poorer mental health • poorer physical health • more relationship problems Users also report less academic and career success. For example, marijuana use is linked to a higher likelihood of dropping out of schools it is also linked to more job absences, accidents, and injuries.6 Is marijuana addictive? Photo by ©iStock/Adrian Hillman/ http://istockpho.to/1TLt77P Is marijuana a gateway drug? Some research suggests that marijuana use is likely to come before use of other drugs.? Marijuana use is also linked to addiction to other substances, including nicotine. In addition, animal studies show that the THC in marijuana makes other drugs more pleasurable to the brain.8 Although these findings support the idea of marijuana as a "gateway drug," the majority of people who use marijuana don't go on to use other "harder" drugs. Read more about marijuana as a gateway drug in the Marijuana Research Report at www.drugabuse.gov/publications/ research-reports/marijuana/letter-director. Contrary to common belief, marijuana can be addictive. Research suggests that 30 percent of users may develop some degree of problem use, which can lead to dependence Marijuana • March 2016 • Page 4 502 of 554 and in severe cases takes the form of addiction.' People who begin using marijuana before age 18 are 4 to 7 times more like than adults to develop problem use,10 Dependence becomes addiction when the person can't stop using marijuana even though it interferes with his her or daily life. How can people get treatment for marijuana addiction? Long-term marijuana users trying to quit report withdrawal symptoms that make quitting difficult, These include: • grouchiness • sleeplessness • decreased appetite • anxiety • cravings Behavioral support has been effective in treating marijuana addiction. Examples include therapy and motivational incentives (providing rewards to patients who remain substance free). No medications are currently available to treat marijuana addiction, However, continuing research may lead to new medications that help ease withdrawal symptoms, block the effects of marijuana, and prevent relapse, Points to Remember • Marijuana refers to the dried leaves, flowers, stems, and seeds from the hemp plant, Cannabis sativa. • The plant contains the mind -altering chemical delta-9-tetrahydrocannabinol (THC) and other related compounds. • People use marijuana by smoking, eating, drinking, and inhaling it. • Smoking THC-rich extracts from the marijuana plant (a practice called dabbing} is on the rise. • THC overactivates certain brain cell receptors, resulting in effects such as: o altered senses o changes in mood o impaired body movement o difficulty with thinking and problem -solving o impaired memory and learning • Marijuana use may have a wide range of effects, both physical and mental, which include: o breathing illnesses o possible harm to a fetus's brain in pregnant users o hallucinations and paranoia • The amount of THC in marijuana has been increasing steadily, creating more harmful effects for users. • Marijuana can be addictive. • Treatment for marijuana addiction includes forms of behavioral therapy. No medications currently exist for treatment. Marijuana • March 2016 • Page 5 503 of 554 Learn More For more information about marijuana and marijuana use, visit: www.drugabuse.gov/drugs-abuse/marijuana www.drugabuse.gov/publications/drugfacts/drugged-driving For more information about marijuana as medicine and about state laws related to marijuana, visit: www.drugabuse.gov/publications/drugfacts/marijuana-medicine www.whitehouse.gov/ondcp/state-laws-related-to-marijuana Monitoring the Future Learn more about the Monitoring the Future survey, which annually measures drug, alcohol, and tobacco use and related attitudes among teenage students nationwide: www.drugabuse.gov/related-topics/trends-statistics/monitoring-future This publication is available for your use and may be reproduced in its entirety without permission from NIDA. Citation of the source is appreciated, using the following language: Source: National Institute on Drug Abuse; National Institutes of Health; U.S. Department of Health and Human Services. Updated March 2016 Marijuana • March 2016 • Page 6 504 of 554 References 1. Center for Behavioral Health Statistics and Quality (CBHSQ). Behavioral Health Trends in the United States: Results from the 2014 National Survey on Drug Use and Health. Rockville, MD: Substance Abuse and Mental Health Services Administration; 2015. HHS Publication No. SMA 15-4927, NSDUH Series H-50. 2. Johnston L, O'Malley P, Miech R, Bachman J, Schulenberg J. Monitoring the Future National Survey Results on Drug Use: 1975-2015: Overview: Key Findings on Adolescent Drug Use. Ann Arbor, MI: Institute for Social Research, The University of Michigan; 2015. 3. Meier MH, Caspi A, Ambler A, et al. Persistent cannabis users show neuropsychological decline from childhood to midlife. Proc Natl Acad Sci USA. 2012;109(40):E2657-E2664. doi:10.1073/pnas.1206820109. 4. Mehmedic Z, Chandra S, Slade D, et al. Potency trends of A9-THC and other cannabinoids in confiscated cannabis preparations from 1993 to 2008. J Forensic Sci. 2010;55(5):1209-1217. doi:10.1111/j.1556-4029.2010.01441.x. 5. McCaffrey DF, Pacula RL, Han B, Ellickson P. Marijuana Use and High School Dropout: The Influence of Unobservables. Health Econ. 2010;19(11]:1281-1299. doi:10.1002/hec.1561. 6. Zwerling C, Ryan J, 0rav EJ. The efficacy of preemployment drug screening for marijuana and cocaine in predicting employment outcome. JAMA.1990;264(20):2639-2643. 7. Secades-Villa R, Garcia -Rodriguez 0, Jin CJ, Wang S, Blanco C. Probability and predictors of the cannabis gateway effect: a national study. Intl Drug Policy. 2015;26(2):135-142. d o i:10.1016 /j.drugpo. 2 014.0 7.011. 8. Panlilio LV, Zanettini C, Barnes C, Solinas M, Goldberg SR. Prior exposure to THC increases the addictive effects of nicotine in rats. Neuropsychopharmacol Off Publ Am Coll Neuropsychopharmacol. 2013;38(7):1198-1208. doi:10.1038/npp.2013.16. 9. Hasin DS, Saha TD, Kerridge BT, et al. Prevalence of Marijuana Use Disorders in the United States Between 2001-2002 and 2012-2013.JAMA Psychiatry. 2015;72(12):1235-1242. doi:10.1001/j amapsychiatry.2 015.185 8. 10. Winters KC, Lee C-YS. Likelihood of developing an alcohol and cannabis use disorder during youth: association with recent use and age. Drug Alcohol Depend. 2008;92(1-3):239-247. doi:10.1016/j.drugalcdep.2007.08.005. Marijuana • March 2016 • Page 7 505 of 554 Saving lives through research and education -2� SEpAT 'LE Mtl iA4:7 Prevalence of Marijuana Involvement in Fatal Crashes: Washington, 2010-2014 May 2016 foundation r Traffic Safety 607 14th Street, NW, Suite 201 I Washington, DC 20005 I AAAFoundation.org 1202-638-5944 506 of 554 Title Prevalence of Marijuana Involvement in Fatal Crashes: Washington, 2010 — 2014. (May 2016) Authors Brian C. Tefft, Lindsay S. Arnold, & Jurek G. Grabowski AAA Foundation for Traffic Safety About the Sponsor AAA Foundation for Traffic Safety 607 14th Street, NW, Suite 201 Washington, DC 20005 202-638-5944 www.aaafoundation.org Founded in 1947, the AAA Foundation in Washington, D.C. is a not -for -profit, publicly supported charitable researchand education organization dedicated to saving lives by preventing traffic crashes and reducing injuries when crashes occur. Funding for this report was provided by voluntary contributions from AAA/CAA and their affiliated motor clubs, from individual members, from AAA -affiliated insurance companies, as well as from other organizations or sources. This publication is distributed by the AAA Foundation for Traffic Safety at no charge, as a public service. It may not be resold or used for commercial purposes without the explicit permission of the Foundation. It may, however, be copied in whole or in part and distributed for free via any medium, provided the AAA Foundation is given appropriate credit as the source of the material. The AAA Foundation for Traffic Safety assumes no liability for the use or misuse of any information, opinions, findings, conclusions, or recommendations contained in this report. If trade or manufacturer's names are mentioned, it is only because they are considered essential to the object of this report and their mention should not be construed as an endorsement. The AAA Foundation for Traffic Safety does not endorse products -or manufacturers. ©2016, AAA Foundation for Traffic Safety 507 of 554 Executive Summary_ The purpose of this study was to quantify the prevalence of marijuana involvement in fatal crashes in the state of Washington in years 2010 — 2014 and to investigate whether the prevalence changed after Washington Initiative 502, which legalized recreational use of marijuana for adults aged 21 years and older and also created a new per se limit for driving under the influence of marijuana, took effect on 6 December 2012. The data examined were obtained from the Washington Traffic Safety Commission and comprised a census of all motor vehicle crashes that occurred on public roads in the state of Washington and resulted in a death within 30 days. This study examined the presence and concentration of delta-9-tetrahydrocannabinol (hereafter THC), the main psychoactive chemical in marijuana, in the blood toxicological test results of drivers involved in fatal crashes. THC presence and concentration in the subset of drivers whose blood was not tested or whose test results were unavailable were estimated using the method of multiple imputation. The imputation method explicitly accounted for changes implemented during the study period in the cutoff levels used in the state laboratory for detection of THC. Statewide, 3,031 drivers were involved in fatal crashes in years 2010 — 2014. Overall, considering both the actual blood toxicology test results and imputed results, an estimated 303 drivers-10.0% of all drivers involved in fatal crashes in Washington between 2010 and 2014—had detectable THC in their blood. at or shortly after the time of the crash. Of all THC-positive drivers involved in fatal crashes, an estimated 34.0% had neither alcohol nor other drugs in their blood, 39.0% had detectable alcohol in addition to THC, 16.5% had other drugs in addition to THC, and 10.5% had had both alcohol and other drugs in addition to THC in their blood. From 2010 through 2013, the estimated number and proportion of drivers involved in fatal crashes who had a detectable concentration of THC in their blood ranged from a low of 48 (7.9%) to a high of 53 (8.5%); the number and proportion both approximately doubled from 49 (8.3%) in 2013 to 106 (17.0%) in 2014. Analysis of trends over time before and after Initiative 502 took effect indicated that the proportion of drivers positive for THC was generally flat before and immediately after Initiative 502 took effect, but began increasing significantly at a rate of 9.7 percentage points per year approximately 9 months after Initiative 502 took effect. It was not clear whether this increasing trend was attributable to Initiative 502 or to other factors that were beyond the scope of the study. THC is metabolized rapidly, thus, it is possible that some surviving drivers in fatal crashes may have had a detectable concentration of THC in their blood at the time of the crash but that their THC levels had fallen below the minimum detectable level by the time a blood. sample was drawn. Also, results of this study do not indicate that drivers with detectable THC in their blood at the time of the crash were necessarily impaired by THC or that they were at -fault for the crash; the data available cannot be used to assess whether a given driver was actually impaired, and examination of fault in individual crashes was beyond the scope of this study. 1 508 of 554 Introduction On 6 November 2012, the citizens of the state of Washington approved by popular vote ballot Initiative 502, which allows adults aged 21 years and older to possess up to 1 ounce of marijuana, 16 ounces of marijuana -infused product in solid form, or 72 ounces of marijuana -infused product in liquid form (Revised Code of Washington 69.50.4013; Revised Code of Washington 69.50.360(3)). Initiative 502 also established a per se legal limit for driving under the influence [DUI] such that a person aged 21 years or older is guilty of DUI if he or she, "has, within two hours after driving, a THC concentration of 5.00 or higher," where THC denotes delta-9-tetrahydrocannabinol, the main psychoactive chemical in marijuana, and THC concentration of 5.00 denotes 5 nanograms of THC per milliliter of whole blood (Revised Code of Washington 46.61.502). The new laws also made it illegal for a person under the age of 21 to drive with any measurable amount of THC in their blood (Revised Code of Washington 46.61.503). The laws legalizing possession of marijuana and creating a per se THC limit for DUI became effective on 6 December 2012, Data from population -based surveys indicate that the proportion of Washington state residents who report having used marijuana at least once in the past month and the proportion who reported having ever used marijuana both increased after the new law took effect (Washington State Institute for Public Policy, 2015). However, not much is known about the prevalence of driving after using marijuana or the prevalence of recent marijuana use among drivers involved in crashes in Washington primarily due to data limitations. In January 2016, the Washington Traffic Safety Commission (WTSC) made available for -the first time the quantitative results of toxicology tests for THC performed on drivers involved in fatal crashes in the state of Washington, and appended these new data to their database of all drivers involved in fatal crashes statewide. This study uses these new data from the WTSC to estimate the proportion of drivers in fatal crashes in the state of Washington who had a detectable concentration of THC in their blood at or soon after the time of the crash and to investigate whether that proportion changed after Washington Initiative 502 took effect on 6 December 2012. 2 509 of 554 Methods Overview The purpose of this study was to estimate the number and proportion of drivers involved in fatal crashes in Washington state who had a detectable concentration of THC in their blood at or shortly after the time of the crash each year for years 2010 — 2014, and to investigate whether the proportion of fatal -crash -involved drivers with detectable THC changed after recreational use of marijuana by adults was legalized. Some drivers were not tested for drugs. The method of multiple imputation was used to estimate the proportion of drivers not tested for drugs who likely would have tested positive for THC had they been tested. This was done by analyzing the relationships between other available data and the probability of being tested for drugs and the probability of testing positive for THC if tested. Results of actual drug tests were combined with imputed results from drivers not tested for drugs to estimate the overall prevalence of detectable levels of THC among all drivers involved in fatal crashes in Washington during the study period. Data The data analyzed for this study was the Washington State Fatality Analysis Reporting System (FARS) data file, which was obtained from the WTSC. The Washington State FARS data file is a census of all crashes that occurred on public roadways in the state of Washington and resulted in a death within 30 days of the crash. Data pertaining to the details of each crash and the vehicles and drivers involved were recorded by police officers and entered into a database by Washington State FARS Analysts for submission to the National Highway Traffic Safety Administration (NHTSA) FARS data system. The data included records of 3,031 drivers involved in 2,070 fatal crashes that occurred in the state of Washington between 1 January 2010 and 31 December 2014. NHTSA's FARS data includes some information regarding the results of toxicological tests, however, FARS data are very limited with respect to toxicology results related to marijuana (Berning & Smithey, 2014). To address this limitation, Washington State FARS Analysts collaborated with the Washington State Toxicologist to manually abstract from actual toxicology reports data on the presence and concentration of delta-9-tetrahydrocannabinol (hereafter THC), its inactive metabolite carboxy-tetrahydrocannabinol (hereafter carboxy- THC), and unspecified cannabinoids, and append these data to the Washington State FARS data file. The process by which this was accomplished is described by Grondel (2015). Analyses pertaining to detection of THC, carboxy-THC, and unspecified cannabinoids were based on the data abstracted from toxicology reports and appended to the FARS data file, not the standard FARS variables reported in the FARS data file published by NHTSA. Drug testing The FARS data file includes variables to indicate the type of specimen on which toxicological tests were performed; values include blood, urine, both blood and urine, other specimen type, unknown specimen type, specimen type not reported, unknown if tested, and not tested. For the purpose of this study, drug test specimen type was classified as: 3 510 of 554 • Blood • Other/unknown/unreported specimen type • Not tested Drivers coded as having had both blood and another specimen tested were coded as having had blood tested; for the purpose of this study, the fact that another type of specimen in addition to blood was also tested was not of substantive interest. Overall, 1,508 drivers (49.8%) had a blood specimen tested, 280 (9.2%) had an other/unknown/unreported type of specimen tested (239 urine; 41 other/unknown specimen type), 37.8% of drivers were not tested for drugs at all, and 3.2% were reported as "unknown if tested," which for the purpose of this study were assumed to have not been tested for drugs and thus were grouped with those who were not tested. Determination of THC presence and concentration The main outcome of interest in this study was the number and proportion of drivers who had a detectable level of THC in their blood. Toxicology test results for THC were reported in the Washington State FARS data file as an indicator for whether THC was detected, and the concentration of THC, measured in nanograms of THC per milliliter of blood (ng/mL), if THC was detected. Because THC may not be reliably detected in urine (Huestis & Smith, 2007), only results from tests of blood specimens were used; results from tests of specimens other than blood were treated as unknown. The minimum concentration of THC that would be recorded as a positive test result changed twice during the study period. At the beginning of the study period, the threshold for detection of THC in blood was 1 nanogram of THC per milliliter of blood (ng/mL), which was increased to 2 ng/mL on 3 December 2012 and then returned to 1 ng/mL on 8 May 2014. To produce results that had the same physical meaning for the entire study period, negative toxicology results for THC during the period when the 2 ng/mL threshold was in effect were treated as unknown if the same driver also tested positive for carboxy-THC, because the presence of carboxy-THC suggests that the driver had consumed cannabis at some point which may or may not have been recent enough for THC to remain in the driver's blood; this resulted in 27 negative results for THC being treated as unknown. Drivers who tested negative for carboxy-THC as well as for THC were assumed truly THC- negative, because carboxy-THC is detectable in blood for a longer period of time subsequent to cannabis consumption than is THC (Desrosiers et al., 2014). Blood toxicological test results for THC were also treated as unknown if a driver was not reported to have tested positive for THC nor for carboxy-THC but was reported to have tested positive for unspecified cannabinoids, which typically suggests that a specimen was screened for the presence of cannabinoids and cannabinoids were found but no confirmatory test was performed to confirm the presence of THC and/or carboxy-THC. This resulted in test results from an additional 11 drivers being treated as unknown for both THC and carboxy-THC. For the purpose of this report, a driver is said to have had a usable blood toxicology test result if the driver was given a blood toxicology test, results were available, and results 4 511 of 554 were not treated as unknown for any of the previously -mentioned reasons. A total of 1,470 drivers (48.5% of all drivers) had usable blood toxicology test results. Missing information about THC Slightly more than half of all drivers had an unknown (missing) values for THC presence and concentration, including 1,243 (41.0%) who were not tested for drugs at all, 280 (9.2%) whose test for drugs was not performed on a blood specimen, 27 (0.9%) who tested negative for THC but positive for carboxy-THC during the period of time when a positive test result for THC was based on a threshold of 2 ngfmL rather than the 1 ng/mL threshold in use during most of the study period, and 11 drivers (0.4%) who tested positive for unspecified cannabinoids which could have been THC or carboxy-THC. Multiple imputation of missing THC values To estimate the distribution of THC values and proportion positive for THC in the entire population of drivers involved in fatal crashes including those not tested for drugs or whose results were unknown, the method of multiple imputation (Rubin, 1987) by chained equations (van Buuren et al., 1999) was used to create ten. independent estimates of what would have been each driver's THC test result had the driver's blood been tested at a detection threshold of 1 ng/mL and the results known. A variable was included in the imputation model if it was significantly associated with the probability of a driver being subject to a blood toxicology test (x2 test, P<0.05; see Table 1), if it was significantly associated with the probability of testing positive for THC if tested, or if the variable's relationship to THC was of analytical interest. Variables included in the final imputation model for THC are shown in the Appendix. All variables included in the model except day of week were significantly associated with the probability of being tested for drugs, the probability of testing positive for THC if tested, or both; day of week was included because it was of interest for subsequent analyses. The imputation procedure replaced each missing value of THC with a value selected randomly from among the cases most similar to the case of interest with respect to the values of the explanatory variables specified in the imputation model, yielding a new copy of the data file in which all drivers had a THC value (i.e., their actual toxicology test result if known, or else an imputed value). THC values were imputed in two stages: first a binary indicator was imputed (THC present vs. absent), and then THC concentration was imputed in cases in which THC was imputed as present. Missing values of explanatory variables included in the imputation model were imputed similarly in order to enable the imputation of THC to proceed. Imputation was performed 10 times, yielding 10 independent copies of the data file in which observed values of THC were copied from the original data file and missing values of THC were replaced by imputed values. Results based on imputed values of THC in conjunction with actual THC test results were obtained by calculating the statistic of interest (e.g., the proportion of drivers who had a THC concentration of 1 ngfmL or greater) in each of the ten copies of the data file separately and then averaging the results. Standard errors and confidence intervals were calculated using the method of Rubin (1987) to account for both the variability in the observed data and the uncertainty in the imputed values. 5 512 of 554 Validation of imputation model To assess the performance of the imputation model, half of all drivers with usable blood toxicology test results and complete data for all variables included in the imputation (hereafter complete cases, n=1,253) were selected at random and their toxicology test results for THC, carboxy-THC, and cannabinoids were replaced with missing values and were imputed. The proportion imputed THC-positive was compared to the proportion actually THC-positive. This procedure was repeated 500 times with 500 independent random samples of half of all complete cases. The mean difference over the 500 repetitions between the imputed versus actual proportion of drivers who were THC-positive was -0.2 percentage points. The mean absolute difference (i.e., regardless of the sign of the difference) was 1.5 percentage points. The 95th percentile absolute difference between the proportion imputed THC-positive vs. actually THC-positive was 3.4 percentage points (i.e., the difference was 3.4 percentage points or smaller in 95% of the 500 repetitions). The actual proportion of drivers who were THC-positive fell within the 95% confidence interval of the imputed proportion in 484 of the 500 repetitions (96.8%), indicating that the nominal 95% confidence intervals of the imputed values were slightly wider than true 95% confidence intervals. Analysis Descriptive statistics The numbers and proportions of drivers who tested positive for THC or were imputed to have had a detectable concentration of THC were tabulated in relation to crash, vehicle, and driver characteristics. The proportion of drivers with THC concentrations of 5 ng/dL or greater was tabulated overall and in relation to year and survival status. The prevalence of alcohol and other drugs in THC-positive drivers was also examined by year and survival status. Estimating the effect of Initiative 502 A binomial regression model with an identity link function was used to assess whether the proportion of drivers with detectable THC changed subsequent to the effective date of Washington Initiative 502 (6 December 2012), which legalized marijuana use in Washington for adults aged 21 years and older and established a per se legal limit of 5 ng/mL of THC for DUI. The model used to estimate the effect of the new law included a binary indicator for whether the Initiative 502 was in effect (0 before 6 December 2012, 1 after) to account for the immediate effect of Initiative 502 on the average proportion of drivers in fatal crashes who were THC-positive, indicator variables for seasons to account for seasonal variation in the proportion of drivers who were THC-positive, and a piecewise linear spline representing time in days before or after Initiative 502 became effective to account for any underlying trend in THC involvement in fatal crashes before Initiative 502 took effect and any change in the slope of the trend associated with Initiative 502. Alternative models were also fit to the data with the change in the slope of the linear time trend occurring up to 1 year (at 1 week increments) before or after Initiative 502 took effect, to assess whether the data were more consistent with a change in the slope of the trend at some point before or after Initiative 502 became effective rather than requiring that any 6 513 of 554 change in the slope of the trend occur at the same time as Initiative 502 became effective. The deviance of alternative models was compared, with lower deviance indicating better fit. Several sensitivity analyses were also performed, including: using the 2 ng/mL detection threshold rather than the 1 ng/mL threshold, using only actual blood toxicology test results (with missing values excluded rather than imputed), using only fatally -injured drivers with actual blood toxicology test results, and using only fatally -injured drivers with both actual blood toxicology test results and blood alcohol concentration test results that indicated a BAC lower than 0.08. All results are based on both actual observations and imputed data for THC, other drugs, and blood alcohol concentration (BAC) unless otherwise noted. Imputed values of other variables whose missing values were imputed in the course of imputing the missing values of THC (age, sex, etc.) are not shown; those variables are presented with respect to their original values only. 7 514 of 554 Results A total of 3,031 drivers were involved in fatal crashes in Washington state in years 2010 — 2014. Blood toxicology tests were performed on 49.8% of all drivers (Table 1, at end of report). The proportion of drivers tested for drugs (at all) varied by year. Also importantly, the proportion of tested drivers whose tests were performed on blood specimens increased substantially over the study period. At the beginning of the study period, approximately one in four drivers tested for drugs was not subject to a blood test, whereas in 2013 and 2014, almost all drivers tested for drugs were subject to a blood test. Drivers who died within 2 hours of the crash were the most likely to be tested for drugs, drivers who died later were somewhat less likely to be tested, and drivers who survived were much less likely to be tested. The likelihood of a driver's blood being tested for drugs was also associated with the driver's age, sex, license status, driving record, vehicle type, vehicle age, circumstances of the crash (time of day, number of vehicles in crash, whether the vehicle departed the roadway, pedestrian involvement, unsafe driving actions or errors), type of police agency investigating (state patrol vs. county sheriff vs. city or municipal police), officer suspicion of alcohol or drug involvement, and blood alcohol concentration (Table 1). Examining only drivers who were tested for drugs and who had usable blood toxicology test results (i.e., excluding cases with (n=1,470; 48.5% of all drivers), 14.5% tested positive for the presence of THC ('Table 2). The proportion positive for THC varied substantially by year. From 2010 through 2013, an average of 12.2% of drivers whose blood was tested for drugs tested positive for THC (range: 10.8% — 13.4%); in 2014, the proportion increased to 22.1%. To investigate whether this increase was attributable to the change in the threshold that the state laboratory used for the detection of THC from 2 ng/mL to 1 nglmL in May of 2014, the proportion of drivers with usable toxicology results whose THC concentrations were equal to or greater than 2 ngfmL were also examined: an average of 11.5% of drivers whose blood was tested for drugs between 2010 and 2013 had a THC concentration of 2 ng/mL or greater (range: 10.1% - 12.5%); that proportion increased to 17.1% in 2014 (not shown in table). Drivers who died within one hour of the crash were much more likely to test positive for THC (at either threshold) than were drivers who died later or who survived. The proportion of those subject to blood test who tested positive for THC varied significantly in relation to most of the same variables as the probability of receiving a blood test, with the exceptions of seatbelt use, previous DWI convictions, road type, pedestrian involvement, and unsafe actions or errors reported, which were associated with the probability of being tested for drugs but were not significantly associated with the detection of THC. Including drivers whose values of THC were imputed as well as those that were confirmed by usable blood toxicology test results, an estimated 303 drivers, representing 10.0% of all drivers involved in fatal crashes in the state of Washington over the five-year study period, had a THC concentration of at least 1 ng/mL at the time of the crash (213 confirmed by toxicology and an additional 90 imputed). There was a large increase in the estimated number and proportion of THC-positive drivers in 2014. In each year of 2010 — 2013, the estimated annual number of drivers in fatal crashes who were THC-positive ranged from a low of 48 to a high of 53, which represented 7.9 — 8.5% of all drivers involved in fatal crashes each year. In 2014, the estimated number 8 515 of 554 (106) and percentage (17,0%) of drivers in fatal crashes who were THC-positive were both double the largest number (53) and largest percent (8.5%) estimated in any of the prior four years. Drivers whose license was suspended or revoked at the time of the crash were much more likely than drivers with a valid license to have been THC-positive (23.9% vs. 8.1%). Drivers who tested positive for alcohol were much more likely to have been THC-positive than were drivers who were tested for alcohol and were found alcohol -negative (19.2% vs. 8.7%). Drivers who left the scene of the crash were much more likely to have been THC-positive than were drivers who remained at the scene (27.6% vs. 9.4%). After excluding deceased drivers, who by definition were unable to leave the scene, drivers who left the scene of the crash were fully 4 times as likely to have been THC-positive as were drivers who remained at the scene (27.6% vs. 6.8%). Drivers who died were significantly more likely to have been THC-positive than drivers who survived, the proportion THC-positive was greater for drivers ages 18-20 than for any other age group, males were more likely than females to have been THC-positive, drivers of vehicles that were more than 15 years old were more likely to have been THC-positive than drivers of newer vehicles, drivers involved in crashes between 8 PM and 5:59 AM were more likely to have been THC-positive than were drivers who crashed during daytime hours; and drivers involved in single -vehicle road -departure crashes were more likely to have been THC-positive than were drivers in multiple -vehicle crashes or other types of single -vehicle crashes. THC-positive drivers who died tended to have higher THC concentrations than did drivers who survived. The proportion of all deceased drivers whose THC concentration was equal to or greater than 5 ng/mL (67.6%) was nearly double the corresponding proportion of surviving drivers (36.3%) (Table 3). While the proportion of all drivers with THC concentrations of 5 ng/mL or greater did not vary significantly by year (P=0.071), the proportion of deceased drivers with THC concentrations of 5 ng/mL or greater increased by a statistically significant 7.8 percentage points (95% CI: 2,8 — 12.8 percentage points) from 2013 to 2014. The majority of drivers who had detectable levels of THC also had alcohol and/or other drugs in their blood at the time of the crash (Table 4). Of all THC-positive drivers involved in fatal crashes over the study period, an estimated 34.0% were positive for THC only, 39.0% were positive for both THC and alcohol, 16.5% were positive for both THC and one more other drugs (but not alcohol), and 10.5% were positive for THC, alcohol, and one or more other drugs. (Note that not all drugs included in the category of "other drugs" were necessarily illegal nor impairing; however, sample sizes were insufficient to examine specific drugs.) THC-positive drivers who died were relatively more likely to be positive for alcohol and/or other drugs; only 24.1% were positive for THC alone. In contrast, 47.0% of surviving drivers in fatal crashes who were THC-positive were positive for THC alone. Post hoc analysis suggest this was largely a function of seatbelt use: drivers positive for alcohol and/or other drugs in addition to THC had much lower rates of seatbelt use than did drivers positive for THC alone, and thus were more likely to die given involvement in a crash. The proportions positive for other substances besides THC fluctuated somewhat from year to year but did not exhibit any clear evidence of a trend. Notably, however, the raw number of drivers positive for THC alone, THC in conjunction with alcohol, THC in conjunction with other drugs, and THC in conjunction with both alcohol and other drugs all were greater in 9 516 of 554 2014 than in any of the preceding four years, as were their shares of all drivers involved in fatal crashes. Analysis of whether the proportion of drivers in fatal crashes who were THC-positive or the trend. therein changed after Washington Initiative 502 took effect on 6 December 2012 showed that the new law was not associated with a significant shift in the average proportion of fatal -crash involved drivers who were THC-positive (P=0.65), but was associated with a statistically significant change in the slope of the trend (P=0.004). However, the change in the slope of the trend appeared to have actually occurred several months after the effective date of Initiative 502. The model that provided the best fit to the data modeled the increasing trend in the proportion THC-positive as beginning 39 weeks after the effective date of Initiative 502 (Figure 1). In this model, after adjustment for seasonal variation, the proportion of drivers in fatal crashes who were THC-positive had been decreasing at a statistically non -significant rate of 0.1 percentage points per year prior to the effective date of Initiative 502, continued to follow this trend for approximately 39 weeks after Initiative 502 took effect, and then began increasing at a rate of 9.7 percentage points per year (95% CI 4.4 — 14.9 percentage points per year) beginning in September 2013 (Figure 1). To investigate whether this result was confounded by the timing of changes in the state laboratory's minimum threshold for detection of THC, changes in practices regarding whether drivers already found to have been legally intoxicated by alcohol were tested for drugs, or other issues related to the imputation procedure, sensitivity analyses were performed: 1) Using 2 ng/mL rather than 1 ngimL as the threshold for classifying drivers as THC- positive, 2) Including only fatally -injured drivers who were tested for both alcohol and drugs and had usable test results for both, 3) Using only drivers who had a BAC below 0.08. Results were similar. There was no discernible trend in the proportion of drivers with THC concentrations of 2 ng/mL or greater before or immediately after Initiative 502 took effect; in September 2013 the proportion THC-positive at 2 ng/mL began increasing by an average of 5.7 percentage points per year (95% CI 1.6 — 9.7). Analyses based only on actual blood toxicology test results of fatally -injured drivers (with missing values excluded rather than imputed) produced the same general pattern of results. Limiting analyses to actual blood toxicology test results from fatally -injured drivers with BAC<0.08 yielded the largest estimates of the rate of increase in the prevalence of THC-positive drivers beginning in September 2013 (estimated rate of increase = 12.5 percentage points per year). 10 517 of 554 Discussion This study examined the prevalence of THC, the main psychoactive chemical in marijuana, in the blood of drivers involved in fatal crashes in Washington state in years 2010 — 2014. Results showed that overall, 10% of drivers involved in fatal crashes over the study period had a detectable concentration of THC in their blood at the time of the crash. The prevalence was not constant over the study period. The proportion of fatal -crash -involved drivers with detectable THC in their blood was approximately twice as great in 2014 as in prior years. Analysis of trends before and after the Initiative 502 legalized the recreational use of marijuana for adults suggested that the proportion of drivers in fatal crashes who had detectable THC in their blood was basically flat before and immediately after the new law went into effect, but then began increasing rapidly in or around September 2013, or approximately 9 months later. It is possible —because Initiative 502 not only legalized recreational use of marijuana but also established a per se THC limit for DUI —that new users of marijuana may have refrained from driving after using marijuana out of concern of arrest for DUI, but that such concern subsided somewhat in the months following Initiative 502, leading to a gradually increasing prevalence of THC-positive drivers on the road and in fatal crashes. This, however, is merely speculative. This study could not determine whether the increase beginning in or around September 2013 in the proportion of drivers in fatal crashes who were THC positive was a delayed effect of Initiative 502 or whether it was attributable to some other phenomenon that was beyond the scope of the study. Another factor that might have been expected to have been associated with an increase in the proportion of drivers positive for THC was the opening of marijuana retail stores in Washington state in July of 2014. It was not possible to evaluate the impact of the opening of marijuana retail stores on the prevalence of THC-positive drivers in fatal crashes, because this occurred only 6 months before the end of the study period. However, this does not appear to have been a major contributor to the increase in prevalence of THC-positive drivers observed in this study, because most of the increase clearly occurred prior to the date when the first marijuana retail stores opened in Washington. This should be investigated in future research when newer data become available. This study analyzed data compiled by the Washington Traffic Safety Commission in collaboration with the state toxicologist and appended to Washington state's FARS file. These data were more detailed than the data on drug test results reported in the relevant variables included in the NHTSA's version of the FARS data file, without which this study could not have been performed. The drug test result variables in the NHTSA's version of the FARS data file allow for the reporting of a positive drug test result for: "marijuana;" THC; cannabinoids, type unknown; and several other related substances not coded for any drivers in Washington over the study period. Apost hoc analysis was performed to compare the presence of THC and other cannabinoids in the standard FARS variables versus in the supplemental variables produced by the WTSC. While both the standard FARS variables and the supplemental WTSC variables agreed regarding the presence or absence of any cannabinoids of any kind in 99.7% of all cases, the two disagreed regarding specifically the presence of THC in 4.7% of all cases and 27.5% of all cases in which either set of variables indicated that THC was detected over the study period. Notably, the level of agreement 11 518 of 554 between the standard FARS variables and the supplemental WTSC variables with respect to THC presence varied substantially by year, with relatively poor agreement in years 2010-2012 (disagreed in 8.5% of all cases and 46.6% in which either indicated that THC was detected) but much better agreement in. 2013 and 2014 (disagreed in 0.4% of all cases and 2.7% of cases in which either indicated that THC was detected). Also importantly, the supplemental WTSC data included quantitative test results for THC, which made it possible to examine the number and proportion of drivers whose THC concentration exceeded Washington's per se legal limit of 5 ng/mL. The standard FARS variables do not report the actual concentration of THC that was detected, thus precluding such analysis. The Washington Traffic Safety Commission also performed analysis of the same data that were analyzed in this study (Grondel, 2015), yielding similar but not identical results. There were a number of important differences between the current study and the WTSC study. Most importantly, the WTSC study reported the proportion of drivers who tested positive for THC as a proportions of all drivers who were tested for drugs and alcohol. Those proportions should not be projected onto the entire population of drivers involved in fatal crashes in the state unless the probability of being tested for drugs is assumed to be independent of the probability that the driver was actually THC-positive. The current study found that the probability of being tested for drugs was strongly associated with numerous driver, vehicle, and crash -related characteristics that were also predictive of THC presence among those drivers who were tested. In addition, the WTSC study reported THC-positive drivers as a percent of all drivers tested for drugs, including some for whom only a urine specimen and not a blood specimen was tested, and treated as THC-negative all drivers who were tested for drugs and did not produce a positive result for THC. However, THC may not be reliably detected in urine (Huestis & Smith, 2007). Thus, the current study treated drug test results as unknown if they were not from a blood specimen. To produce estimates of THC prevalence applicable to the entire population of drivers involved in fatal crashes in the state of Washington, the current study used the method of multiple imputation to estimate the distribution of THC presence and levels among drivers for whom drug test results were not available or were not altogether interpretable with respect to THC. The imputation model accounted for the relationships of the probability of being tested for drugs and the probability of being positive for THC if tested with numerous crash, vehicle, and driver -related characteristics found to be associated with either or both probabilities. By producing ten independent data sets containing both actual and imputed THC values, this study was able to produce statistical estimates of the proportion of all drivers involved in fatal crashes —not only those who were tested for drugs —who had a detectable amount of THC in their blood at the time of the crash, and account for the uncertainty introduced into the estimates through the imputation process. NHTSA has been using the method of multiple imputation since 2001 to estimate the distribution of the BACs of drivers for whom test results were unavailable (Subramanian, 2002). The data analyzed in this study were obtained from the Washington Traffic Safety Commission and did not include NHTSA's imputed BAC values in cases when BAC test results were unavailable. Thus, missing values of BAC were imputed in this study along with missing values of THC, to ensure that imputed values of THC reflected the strong relationship with alcohol presence that was observed among drivers tested for both alcohol and drugs. To compare the performance of the imputation model used in the current study with that developed and validated by NHTSA (Rubin et al., 1998), the distribution of BAC 12 519 of 554 values imputed in the present study were compared to those imputed by NHTSA and published in NHTSA's version of the FARS data file. This study estimates that 711 drivers involved in fatal crashes in Washington over the 5-year study period had a BAC of 0.08 mgfdL or greater, compared with NHTSA's estimate of 701, a discrepancy of 10 drivers out of 1,183 for whom BAC was imputed; the largest discrepancy in any single year was 4 drivers out of 236 in 2011. Limitations THC is metabolized rapidly after consumption in a living human body (Desrosiers et al., 2014). Consequently, if a driver had used cannabis at some point relatively shortly (e.g., in the past few hours) prior to driving, toxicology tests performed on a blood sample drawn from a surviving driver hours after the occurrence of a crash are likely to underestimate the concentration of THC that was present in the driver's blood at the time of the crash, or even fail to detect THC at all. In another AAA Foundation study, Banta -Green et al. (2016) estimated that the average time between contact with police and the collection of a sample of a driver's blood was over two hours and that THC concentrations present in drivers' blood decreased by an average of 5 nglmL over the first two hours between initial contact with police and the time that blood was drawn. In the current study, deceased drivers were significantly more likely than surviving drivers to have had any THC detected, and deceased drivers who tested positive for THC had higher THC concentrations than surviving drivers who tested positive for THC. Thus, it is possible that some surviving drivers who were tested for THC and tested negative actually had what would have been a detectable concentration of THC in their blood at the time of the crash, but that it was no longer detectable by the time their blood was drawn for testing. Thus, the results of this study may underestimate the proportion of drivers in fatal crashes who had a detectable concentration of THC in their blood at the actual time of the crash, especially among drivers who survived. This study used the presence of at least 1 ng/mL of THC in blood as an indicator of recent use of marijuana. In a study of 14 frequent marijuana smokers (defined as smoking marijuana at least 4 times per week) and 11 occasional marijuana smokers (less than twice per week), Desrosiers et al. (2014) found that none of the occasional users had a blood THC concentration of 5 nglmL or greater, the per se limit for DUI in Washington, 2 hours after having smoked one 6.8% THC cannabis cigarette, and the longest time that any of the occasional users had any detectable THC in their blood was 6 hours after smoking. However, all of the frequent users had a detectable concentration of THC in their blood for at least 24 hours after smoking the same one 6.8% THC cannabis cigarette, and four still had a blood THC concentration of 5 nglmL or greater 24 hours after smoking. Another study of chronic marijuana users found a small proportion still had at a blood THC concentration of 1 nglmL or greater 7 full days after the last time that they had used marijuana (Karschner et al., 2009). Thus, it is possible that some of the THC-positive drivers in the current study may have last used marijuana several hours or even days prior to the crash. In a population -based survey conducted in Washington State in 2014, 9.2% of licensed drivers aged 18 years and older reported having used marijuana at least once in the past 30 days; 45% of those reported having used marijuana on 15 days or more out of the past 30, including 28% who reported having used marijuana every single day for the past 30 days (Washington State Department of Health, 2014). Another study, however, 13 520 of 554 found that chronic daily marijuana users may experience some degree of psychomotor impairment for days or even weeks after the last time that they used marijuana (Bosker et al., 2015), suggesting that it is possible that impairment might have still been present even if the marijuana use that resulted in the detection of THC among drivers in the current study occurred days earlier. Some research also suggests that THC may be redistributed in the body after death and thus that the concentration of THC in a sample of blood would vary depending upon the location in the body from which the blood was drawn (e.g., Lemos et al., 2015). However, it is unlikely that this phenomenon would have led to THC-positive drivers being classified as THC-negative, and it would not result in drivers who had not used any cannabis testing positive for THC, and thus should have had little if any impact on the main results of this study. Approximately half of all drivers had missing values of THC, either because they were not tested for drugs, because the drug test administered was not a blood test (results of urine tests were treated as unknown for THC because THC is not reliably detected in urine), or because the results of the test were unclear (e.g., indicated "cannabinoids," but did not specify whether the cannabinoid detected was THC, carboxy-THC, or another metabolite of cannabis). The imputation model was found to perform very well in imputing the presence of THC in cases when drug test results were actually known but were treated as unknown and imputed for validation purposes. However, in those cases, missing values were by definition missing completely at random, because they were deleted randomly. If the probability that a driver was tested for drugs was associated with whether the driver actually had detectable THC in his or her blood in ways not specifically accounted for in the model (i.e., if THC values were not missing at random conditional upon the explanatory variables included in the model), bias could still be present in the imputed values. Finally, this study examined the presence of detectable concentrations of THC in drivers' blood. Drivers who had detectable THC in their blood at the time of the crash were not necessarily experiencing impairment in their ability to drive safely, nor were they necessarily at fault for the crash. Determination of actual impairment or fault status was beyond the scope of the study. Relatedly, many of those who were positive for THC were also positive for alcohol and/or other drugs, which in some cases likely contributed more significantly to the crash than did the THC. Research on the relationship between THC presence and risk of crash involvement has been inconclusive, One systematic review and meta -analysis of studies of the relationship between THC and crash risk (Asbridge et al., 2012) reported that THC was associated with significantly elevated crash risk, however, another systematic review & meta -analysis (Elvik, 2013) found that THC was not significantly associated with elevated crash risk after controlling for other factors. A recent case -control study by the National Highway Traffic Safety Administration found a statistically significant but small association between THC and crash risk before controlling for other factors, but this association was reduced to zero (adjusted odds ratio = 1.00) after controlling for driver demographic characteristics and blood alcohol concentration (Compton & Berning, 2015). 14 521 of 554 Conclusion This study estimates that an average of 10% of all drivers involved in fatal crashes in Washington between 2010 and 2014 had detectable THC in their blood at the time of the crash. There was evidence that the proportion of drivers in fatal crashes who were positive for THC increased after Initiative 502 legalized recreational use of marijuana for adults aged 21 years and older, however, the increase was not immediate and appeared to have begun approximately 9 months after the effective date of Initiative 502. In 2014, the number and proportion of drivers in fatal crashes who were positive for THC were both more than double the averages from the prior four years. Researchers and policymakers should continue to monitor trends in THC presence and concentrations among drivers involved in crashes. Other states should follow the model of the Washington Traffic Safety Commission in recording quantitative toxicology test results and appending them to their motor vehicle crash databases to make such surveillance possible. 15 522 of 554 References Asbridge M, Hayden JA. Cartwright JL. 2012. Acute cannabis consumption and motor vehicle collision risk: A systematic review of observational studies and meta - analysis. BMJ, 344:e536. Banta -Green C, Rowhani-Rahbar A, Ebel BE, Andris LM, Qiu Q. 2016. Cannabis Use among Drivers Suspected. of Driving Under the Influence or Involved in Collisions: Analyses of Washington State Patrol Data. Washington, DC: AAA Foundation for Traffic Safety. Berning A, Smither DD. 2014. Understanding the Limitations of Drug Test Information, Reporting, and Testing Practices in Fatal Crashes. Report No. DOT HS 812 072. Washington, DC: National Highway Traffic Safety Administration. Bosker WM, Karschner EL, Lee D, Goodwin RS, Hirvonen J, Innis RB, Theunissen EL, Kuypers KPC, Huestis MA, Ramaekers JG. 2013. Psychomotor function in chronic daily cannabis smokers during sustained abstinence. PLOS One, 8(1): e53127. Compton RP, Berning A. 2015. Drug and Alcohol Crash Risk. Report No. DOT HS 812 117. Washington, DC: National Highway Traffic Safety Administration. Fatality Analysis Reporting System [Data files]. 2015. Washington, DC: National Highway Traffic Safety Administration. (Updated December 14, 2015. Accessed December 15, 2015. Available at: ftp://ftp.nhtsa.dot.govlfars). Desrosiers NA, Himes SK, Scheidweiler KB, Concheiro-Guisan M, Gorelick DA, Huestis MA. 2014. Phase I and II cannabinoid disposition in blood and plasma of occasional and frequent smokers following controlled smoked cannabis. Clinical Chemistry, 4: 631-643. Elvik R. 2013. Risk of road accident associated with the use of drugs: A systematic review and meta -analysis of evidence from epidemiological studies. Accident Analysis & Prevention, 60: 254-267. Grondel DT. 2015. Driver Toxicology Testing and the Involvement of Marijuana in Fatal Crashes, 2010 — 2014: A Descriptive Report. Olympia, WA: Washington Traffic Safety Commission. Huestis MA, Smith ML. 2007. Human cannabinoid pharmacokinetics and interpretation of cannabinoid concentrations in biological fluids and tissues, In M. A. E1Sohly (Ed.), Marijuana and the Cannabinoids. Totowa, New Jersey: Humana Press. pp. 205-235. Karschner El, Schwilke EW, Lowe RH, Darwin WD, Pope HG, Herning R, Cadet JL, Huestis MA. 2009. Do delta9-tetrayhdrocannabinol concentrations indicate recent use in chronic cannabis users? Addiction, 104(12): 2041-2048. 16 523 of 554 Lemos NP, San Nicolas AC, Volk JA, Ingle EA, Williams CM. 2015. Driving under the influence of marijuana versus driving and dying under the influence of marijuana: A comparison of blood concentrations of A9-tetrahydrocannabinol, 11-hydroxy-A9- tetrahydrocannabinol, 11-nor-9-carboxy-A9-tetrahydrocannabinol and other cannabinoids in arrested drivers versus deceased drivers. Journal of Analytical Toxicology, 39(8): 588-601. Rubin, DB. 1987. Multiple Imputation for Non -Response in Surveys. Wiley: New York. Rubin DB, Schafer JL, Subrarnanian R. 1998. Multiple Imputation of Missing Blood Alcohol Concentration (BAC) Values in FARS. Report No. DOT HS 808 816. Washington, DC: National Highway Traffic Safety Administration. Subrarnanian R., 2002. Transitioning to Multiple Imputation — A New Method to Impute Missing Blood Alcohol Concentration (BAC) values in FARS. Report No. DOT HS 809 403. Washington, DC: National Highway Traffic Safety Administration. Van Buuren S, Boshuizen HC, Knook DL. 1999. Multiple imputation of missing blood pressure covariates in survival analysis. Statistics in Medicine, 18: 681-694. Washington State Department of Health, Center for Health Statistics, Behavioral Risk Factor Surveillance System. 2014. Supported in part by Centers for Disease Control and Prevention, Cooperative Agreement U58ICCU002118-4 and S014-1401. Washington State Institute for Public Policy. 2015. I-502 Evaluation Plan and Preliminary Report on Implementation. Olympia, WA: Washington State Institute for Public Policy. 17 524 of 554 Tables 18 525 of 554 Table 1. Toxicology test status of drivers involved in fatal crashes in relation to crash, vehicle, and driver characterisg tics, Washington, 2010 - 2014, Drug test type Other/ Dtherl Blood unknown None Total P Blood unknown None Total Row % All Year 2010 2011 2012 2013 2014 Survival status / time to death Died < 1 hour after crash Died 1-2 hours after crash Died > 2 hours after crash Survived Age (years) Sex Seatbelt used <16 16-17 18-20 21-24 25-34 35-49 50-64 65+ 49.8 9.3 41.0 3,031 45.2 15.8 38,9 39.9 17.2 42.9 47.5 11.0 41.5 61.7 1.9 36,5 54.6 0.5 44.9 619 606 591 592 623 72.2 22.2 5.6 985 71,4 15.6 13.0 77 57.2 11.4 31,4 334 33.5 0.5 66.0 1,617 62.5 0.0 37.5 54.7 9.3 36.0 59.4 10.4 30.2 52.9 11.9 35.3 51,4 9.8 38.8 47.9 8.0 44.1 47.2 8.8 44.0 50.9 9.6 39.5 Female 44.7 Male 52.2 Yes No Driver's license status (non-CDL) Valid Unlicensed Suspended/Revoked Expired/Cancelled/Denied Convicted of DWI in past 3 years Yes No License suspended in past 3 years Yes No Palace -reported alcohol Yes No f not reported Unknown (reported as 'unknown' Police -reported drugs Yes No / not reported Unknown reported as "unknown" Data: Washington Traffic Safety Commission, 2010 - 2014. Drug test type Blood includes drivers given multiple types of drug tests if at least one was a blood test. P-value is from x2 test of whether drug test type varied by row variable, 8 75 212 329 580 714 702 375 6.2 49.1 754 10.4 37.4 2,244 43.0 6.8 50.2 60,7 14,1 25,2 47.3 9.7 43.1 66.7 8.7 24.6 74.7 6.5 18.8 69.2 15,4 15.4 75.8 6.5 49.9 9.4 1,759 1,044 2,601 69 292 i3 Blood Alcohol Concentration (mgldL) 0 84.3 0.01 -0.07 75.5 0.08+ 75.5 <0.001 Unknown f not tested 0.9 Vehicle type <0.001 0.039 <0,001 <0.001 <0.001 17.7 62 <0.001 40.7 2,896 66,3 9.1 24.6 47.5 9.4 43.1 2,498 71.2 13.8 15.0 34.0 4I.9 61.0 66.6 14.9 18.5 460 <0,001 Gar) light truck Large truck I bus Motorcycle Vehicle age (years) 0-5 6-10 11-15 16+ 48.2 42.9 65.2 43.6 48.6 48.0 59.0 Driving errors reported Yes 63.5 No 45.3 Left scene (hit and rim) Yes 30.6 No 50.4 Time of day 6:00-9:59 AM 10:00AM-3:59 PM 4:00-7:59 PM 8:00-11:59 PM Midnight-5:59 AM Crash location Road type 47.2 42.5 48.8 51.8 62.7 Rural 46.3 Urban 52.7 rnterstate Principal arterial Collector f local street/road 53.4 Crash Type Single -vehicle road departure 66.6 Single vehicle other 40.0 Multiple -vehicle 44.4 Pedestrian involved 13.9 13.3 17.6 0.3 8.3 3,7 19.8 9.4 10.8 10.2 6.9 1.8 11.2 6,9 98.8 43.5 53.4 15.0 46.9 40.6 41.8 34.1 1,154 98 596 1,183 <0,001 2,405 191 <0.001 374 637 870 687 800 <0.001 8.5 28.0 739 <0.001 9.5 45.2 2,292 1.0 68.4 98 <0.001 9.5 40.1 2.933 7.0 7.8 9.0 11.1 11.4 7.6 45.8 49.6 42.2 371 842 754 <0.001 37.1 542 25.8 507 46.1 1,409 10.7 36.6 1,610 <0.001 43.5 10.4 46.1 347 46.2 7.4 46.4 1,039 <0,001 10.7 35.9 1,513 16.9 1.9 74 16.4 815 58.0 48.2 417 <0.001 1.799 0.0 63.3 362 <0.001 10.5 38.0 2,669 9.6 10.6 7.5 40.0 35.8 47,8 96,0 1.6 2.4 47.7 9,6 42.7 66,7 0.0 33.3 Yes 36.7 572 No 51.5 1,648 <0.001 Investigating agency 811 Washington State Patrol 50.4 County Sheriff 53.6 126 City or Municipal Police 44.7 2,902 <0.001 3 1,640 659 0.010 707 19 526 of 554 Table 2. Number and proportion of drivers in fatal crashes who were positive for THC based on blood toxicological test results and multiple imputation of missing values, Washington, 2010 - 2014. All Year Survival status Age (years) Sex Drivers license status Blood toxicological test results known All drivers Number of Drivers 1,470 Yesa No° Tested Number Imputed Number THC-positive of THC-positive of N (%) Drivers N (%) Drivers 213 (14.5) 1,561 90 (5.8) 3,031 2010 273 35 (12.8) 346 18 (5.2) 619 2011 239 32 (13.4) 367 16 (4.3) 606 2012 279 35 (12.5) 312 13 (4.1) 591 2013 344 37 (10.8) 248 12 (4.8) 592 2014 335 74 (22.1) 288 32 (11.0) 623 Died Survived Tested+Imputed THC-positive N (%;. 95% CI) 303 (10.0; 8.7 -11.3) 53 (8.5; 6.0 - 11.1) 48 (7.9; 5.3 -10.4) 48 (8.1; 5.5 - 10.6) 49 (8.3; 5.7- 10.9) 106 (17.0; 13.1 -20.8) 943 151 (16.0) 471 22 (4.6) 1,414 173 (12.2; 10.4 -14.0) 527 62 (11.8) 1,090 68 (6.3) 1,617 130 (8.1; 6.3-9.8) 16-17 41 2 (4.9) 34 3 (7.6) 75 18-20 120 35 (29.2) 92 8 (8.8) 212 21-24 169 33 (19.5) 160 10 (6.1) 329 25-34 289 63 (21.8) 291 20 (6.7) 580 35-49 332 43 (13.0) 382 22 (5.8) 714 50-64 324 31 (9.6) 378 13 (3.5) 702 65+ 191 6 (3.1) 184 4 (2.3) 375 Female Mate Valid Unlicensed Suspended/Revoked Alcohol detected Yes No Unknown 1 not tested Other drugs detected Yes No Unknown 1 not tested Left scene (hit and run) Yes No Vehicle type Car / light truck Large truck/ bus Motorcycle Vehicle age (years) Day of week Time of day 0-5 6-15 16+ 330 32 (9.7) 1,140 181 (15.9) 1,202 144 (12.0) 42 7 (16.7) 211 59 (28.0) 505 120 (23.8) 955 91 (9.5) 10 2 (20.0) 424 17 (4.0) 1,104 63 (5.7) 1,399 27 81 189 199 1,173 66 (4.7) 1 (5.2) 11 (13.3) 13 (7.0) 9 (4.7) 67 (5.7) 5 (6.1; 0 -13.0) 43 (20.3; 14.4 - 26.2) 43 (13.0; 9.2-16.8) 83 (14.2; 10.9 - 17.6) 65(9.1; 6.8-11.5) 44 (6.3; 4.3 - 8.3) 10 (2.7; 0.9 - 4.5) 754 49 (6.5; 4.2 -8.8) 2,244 244 (10.9; 9.3 - 12.5) 2,601 210 (8.1; 7.0 - 9.6) 69 8 (12.2; 2.7 - 25.4) 292 70 (23.9; 19.6 - 30.4) 694 133 (19.2; 16.2 - 22.2) 1,154 100 (8.7; 7.0 - 10.4) 1,183 69 (5.9; 3.7 -8.1) 402 60 (14.9) 17 6 (35.9) 419 66 (15.8; 12.1 - 19.4) 1,068 153 (14.3) 21 5 (24.8) 1,089 158 (14.5; 12.4-16.6) 0 0 1,523 79 (52) 1,523 79 (5.2; 3.3 -7.0) 30 9 (30.0) 98 27 (27.6; 13.9 - 41.2) 1,440 204 (14.2) 2,933 276 (9.4; 8.2 - 10.7) 1,128 177 (15.7) 80 1 (1.3) 242 33 (13.6) 275 28 (10.2) 739 92 (11.2) 451 93 (20.6) Monday -Friday 1,025 140 (13.7) Saturday -Sunday 445 73 (16.4) 6:00-9:59 AM 10:OOAM-3:59 PM 4:00-7:59 PM 8:00-11:59 PM Midnight-5:59 AM 68 18 (26.5) 1,493 72 (4.8) 1,277 111 132 362 818 349 71 (5.5) 3 (2.9) 6 (4.8) 13 (3.7) 41 (4.4) 27 (7.9) 1,059 57 (5.4) 502 33 (6.5) 2,405 248 (10.3; 8.8 - 11.7) 191 4 (2.2; -1-4.0) 374 39 (10.5; 7.3 -13.7) 637 41 (6.5; 4.5 - 8.5) 1,557 133 (8.5; 7.0 -10.0) 800 120 (15.1; 11.9 -18.2) 2,084 197 (9.5; 7.8 -11.1) 947 106 (11.2; 8.9 -13.5) 173 14 (8.1) 198 8 (4.1) 371 351 37 (10.5) 491 18 (3.7) 842 360 45 (12.5) 394 23 (5.8) 754 274 49 (17.9) 268 19 (7.2) 542 304 67 (22.0) 203 21 (10.3) 507 22 (6.0; 2.7 - 9.2) 55 (6.6; 4.7 - 8.4) 68 (9.0; 6.7 - 11.3) 68 (12.6; 8.6 - 16.6) 88 (17.3; 13.5-21.2) 525 105 (20.0) 815 126 (15.4; 12.7 -18.1) 165 19 (11.5) 417 41 (9.9; 6.2- 13.5) Mutti le -vehicle crash 780 89 (11.4) 1,799 136 (7.6; 6.0-9.1 Data: Washington Traffic Safety Commission, 2010 - 2014. THC values were imputed 10 times when driver was not tested or test results were unknown; results reflect averages from 10 imputed values for each driver. Drivers with missing values of row variables were excluded from rows where relevant. Row and column totals may not add to grand total and percents in table may differ from percents calculated by hand from counts shown in table due to rounding of averages of imputed values. a. THC-positive based on detection of THC concentration of 1 ng/mL or greater in sample of blood. b. Includes 38 drivers subject to blood toxicology test but with results indeterminate for THC due to reporting issues (27 positive for unspecified cannabinoids; 11 negative at 2 ng/mL threshold but positive for carboxy-THC). Crash type Single -vehicle road departure Single -vehicle other p 290 252 1,019 21 (7.1) 22 (8.8) 47 (4.6) } 527 of 554 Table 3. Drivers with THC concentrations equal to or greater than 5 nglmL as a proportion of all drivers involved in fatal crashes and as a proportion of all THC-positive drivers involved in fatal crashes, by year and survival status, Washington, 2010 - 2014. THC >_ 5 nglmL Total Number % of all drivers a/ of THC+ drivers drivers THC-positive N (95% CI) (95% Cl) All drivers 3,031 303 164 5.4 (4.4 - 6.4) 54.1 (46.5 - 61.8} Survival status Died 1,414 173 117 8.3 (6.7 - 9.8) 67.6 (59.9 - 75.2) Survived 1,617 130 47 2.9 (1.8 - 4.1) 36.3 (23.2 - 49.6) 2010 619 53 32 5.2 (3.0 - 7.3) 60.3 (40.8 - 79.9) 2011 606 48 26 4.3 (2.5 - 6.0) 54.2 (38.4 - 70.2) 2012 591 48 29 4.9 (3.0 - 6.9) 61.2 (43.5 - 79.3) 2013 592 49 25 4.1 (2.4 - 5.9) 50.0 (34.2 - 65.9) 2014 623 106 53 8.4 (5.7 - 11.2) 49.7 (37.3 - 62.2 ) Year (Died) 2010 291 32 25 8.7 (5.2 - 12.1) 78.1 (62.0 - 94.2) 2011 291 29 19 6.6 (3.6 - 9.6) 67.4 (47.4 - 87.3) 2012 272 27 19 6.8 (3.8 - 9.9) 68.6 (49.2 - 88.2} 2013 271 26 15 5.5 (2.7 - 8.4) 58.1 (38.1 - 78.1) 2014 289 59 39 13.4 (9.3 - 17.4) 65.5 (53.0 - 78.0) Year (Survived) 2010 328 21 7 2.0 (0 - 4.3} 32.2 (0 - 65.5) 2011 315 19 7 2.1 (0.2-4.1) 34.7 (8.2-61.6) 2012 319 21 11 3.3 (0.8-5.8) 51.5 (22.2-81.1) 2013 321 23 10 3.0 (0.7 - 5.2) 40.9 (15.7 - 66.5) 2014 334 47 14 4.2 (0.5 - 7.8) 29.8 (7.1 - 52.1) Data: Washington Traffic Safety Commission, 2010 -2014. Based on results of blood toxicological tests. Results imputed 10 times when driver was not tested or test results were unknown; results reflect averages from 10 imputed values for each driver. Row and column totals may not add to grand total and percents in table may differ from percents calculated by hand from counts shown in table due to rounding of averages of imputed values. THC-positive and THC+ denote THC concentration of 1 ng/mL or greater. Year 21 528 of 554 Table 4. Presence of alcohol and other drugs among THC-positive drivers involved in fatal crashes; by year and survival status, Washington, 2010 - 2014. Total Other substances present THC-positive None Alcohol and Drivers (THC only) Alcohol Other drugs other drugs N (Row %) All drivers 303 103 (34.0) 118 (39.0) 50 (16.5) 32 (10.5) Survival status Died 173 42 (24.1) 76 (44.2) 35 (20.2) 20 (11.5) Survived 130 61 (47.0) 42 (32.2) 15 (11.6) 12 (9.1) Year 2010 53 16 (30.1) 23 (43.7) 9 (17.2) 5 (9.1) 2011 48 14 (29.5) 22 (46.0) 6 (11.9) 6 (12.6) 2012 48 20 (42.8) 15 (32.3) 8 (17.2) 4 (7.8) 2013 49 14 (27.6) 22 (44.3) 7 (14.7) 7 (13.5) 2014 106 39 (37.0) 36 (34.2) 20 (18.8) 11 (10.0) Year (Died) 2010 32 6 (17.9) 15 (46.6) 7 (21.6) 5 (13.9) 2011 29 6 (20.4) 14 (49.1) 4 (15.1) 4 (15.4) 2012 27 8 (30.3) 11 (39.1) 5 (19.2) 3 (11.4) 2013 26 6 (23.6) 11 (42.6) 5 (19.4) 4 (14.3) 2014 59 16 (26.8) 26 (43.5) 13 (22.8) 4 (7.0) Year (Survived) 2010 21 11 (52.7) 8 (39.0) 2 (10.2) 0 (1.5) 2011 19 8 (43.0) 8 (41.5) 1 (7.3) 2 (8.3) 2012 21 12 (59.2) 5 (23.3) 3 (14.6) 1 (2.9) 2013 23 7 (31.9) 11 (46.1) 2 (9.5) 3 (12.5) 2014 47 23 (49.9) 11 (22,5) 6 (13.7) 7 (13.9) Data: Washington Traffic Safety Commission, 2010 - 2014. Based on results of blood toxicological tests. Results imputed 10 times when driver was not tested or test results were unknown; results reflect averages from 10 imputed values for each driver. Row and column totals may not add to grand total and percents in table may differ from percents calculated by hand from counts shown in table due to rounding of averages of imputed values. Category other drugs indicates driver tested (or imputed) positive for one or more drugs other than cannabinoids, including: depressants, stimulants, narcotics, hallucinogens, inhalants, PCP, or other unspecified drug. 22 529 of 554 Figure 1. Quarterly average proportion of drivers involved in fatal crashes who were positive for THC and modeled seasonally -adjusted linear trend before and after Washington initiative 502 took effect on 6 December 2012 legalizing recreational use of marijuana for adults aged 21 years and older, Washington, 2010-2014. % of drivers positive for THC 30% - 25% - 20% - 15% - • 10% - 5°f° - • Quarterly % THC-positive (observed + imputed) Model -based prediction (seasonally -adjusted, with 95% CI) — Model -based prediction (linear trend) 1 Initiative 502 I (eff. 6 Dec 2012) 1 1 n `Yoh pN 61' d`5 Q-' N. aN 4ti p`5 ao o\ 0`' 6-' Do �6> 4ti 6.' dk �4�. 40, 4P a4` N. Data: Washington Traffic Safety Commission, 2010 — 2014. Drivers positive for THC based on results of blood toxicological tests. Results imputed 10 times when driver was not tested or test results were unknown; results reflect averages from 10 imputed values for each driver. Model -based predictions are from binomial regression model with identity link function, indicator variables for seasons, and a linear spline with change in slope on 5 September 2013 (39 weeks after effective date of Initiative 502). 23 530 of 554 Appendix Variables used in imputation model for THC • Calendar year • Quarter (Jan -Mar, Apr -Jun, Jul -Sep, Oct -Dec) • Day of week (Mon-Thurs, Fri, Sat, Sun) • Time of day (6-9:59AM, 10AM-3:59PM, 4-7:59PM, 8-11:59PM, midnight-5:59AM) • Survival / time to death (died within 1 hour after crash, died 1-2 hours after crash, died more than 2 hours after crash, survived) • Driver's age and sex (entered into model as age, age2, sex, age x sex, and age2 x sex) • Driver's license status (valid, expired, suspended/revoked, unlicensed) • Previous DWI convictions in past 3 years (0, 1+) • Previous license suspensions in past 3 years (0, 1+) • Driver's seatbelt use (yes/no) • Any unsafe driving actions or driving errors were noted. on the police report (yes/no; derived from driver -related contributing factors indicative of specific driving actions or errors) • Driver fled from the scene of the crash (yes/no) • Number of vehicles involved in the crash (1, 2, 3+) • Pedestrian involved in crash (yes/no) • Vehicle departed the roadway prior to the crash (yes/no) • Investigating agency (State Patrol, County Sheriff, City/Municipal Police) • Vehicle type (car/light truck, large truck or bus, motorcycle, other) • Vehicle age (0-5 years, 6-10 years, 11-15 years, 16+ years) • Land use (urbanlrural) • Roadway type (Interstate, principal arterial, collector or local street or road) • Police -reported alcohol involvement (yes, no, unknown [police reported "unknown"]) • Police -reported drug involvement (yes, no, unknown [police reported "unknown"]) • Blood alcohol concentration (milligrams of alcohol per deciliter of blood) • Carboxy-THC detected in drug test (yes/no) • Other cannabinoids detected in drug test (yes/no) • Other drugs besides cannabinoids or alcohol detected (yes/no) • Type of drug test (blood, other/unknown, none) • Laboratory threshold for detection of THC (1 mg/dL, 2 mg/dL) one month after crash date 24 Fatal Road Crashes involving Marijuana Double After State Legalizes Drug I AAA NewsRoom NewsRoom NewsRoom Fatal Road Crashes Involving Marijuana Double After State Legalizes Drug +1 I 25 FOR MORE INFORMATION: 7 Tarnra Johnson Manager, AAA public Relations (202) 942-2079 TRJohnson@national.aaa.com 101 1 New AAA Foundation Research Also Shows that Legal Limits for Marijuana and Driving are Meaningless Additional Resources State Map of Marijuana Laws Infographic B-roll video http:llnewsroom .aaa.com12016/o5/fatal-road-crashes-involving-marijuana-doubt e-state-I egal izes-drug! 1/3 532 of 554 Fatal Road Crashes Involving Marijuana Double After State Legalizes Drug l AAA NewsRoom ashington State Fatalities Chart Prevalence of Marijuana Involvement in Fatal Crashes: Washington, 2010-2014 An Evaluation of Data from Drivers Arrested for Driving Under the Influence in Relation to Per se Limits for Cannabis WASHINGTON, D.C. (May 10, 2016)— Fatal crashes involving drivers who recently used marijuana doubled in Washington after the state legalized the drug, according to the latest research by the AAA Foundation for Traffic Safety. New research also shows that legal limits for marijuana and driving are arbitrary and unsupported by science, which couid result in unsafe motorists going free and others being wrongfully convicted for impaired driving. Washington was one of the first two states to legalize the recreational use of marijuana, and these findings raise serious concems about drug -impaired driving with at least 20 states considering marijuana legalization this year. The Foundation examined drug tests and fatal crashes among drivers in Washington, a state that legalized marijuana in December 2012. The researchers found: The percentage of drivers involved in fatal crashes who recently used marijuana more than doubled from eight to 17 percent between 2013 and 2014. One in six drivers involved in fatal crashes in 2014 had recently used marijuana, which is the most recent data available. "The significant increase in fatal crashes involving marijuana is alarming," said Peter Kissinger, President and CEO of the AAA Foundation for Traffic Safety. "Washington serves as an eye-opening case study for what other states may experience with road safety after legalizing the drug." In an attempt to enforce drug -impaired driving, some states have created legal limits, aiso known as per se limits, which specify the maximum amount of active THC that drivers can have in their system based en a blood test. THC is the main chemical component in marijuana that can impair driver performance and affect the mind, and the presence of active THC is generally suggestive of recent marijuana use. These limits are similar in concept to the .08 BAC limit for driving under the influence of alcohol. Researchers examined the lab results of drivers arrested for impaired driving, and the results suggest that legal limits for marijuana and driving are problematic because: There is no science showing that drivers reliably become impaired at a specific level of marijuana in the blood. Depending on the individual, drivers with relatively high levels of marijuana in their system might not be impaired, while others with low levels may be unsafe behind the wheel. This finding is very different from alcohol, where it is clear that crash risk increases significantly at higher BAC levels. High THC levels may drop below legal thresholds before a test is administered to a suspected impaired driver. The average time to collect blood from a suspected driver is often more than two hours because taking a blood sample typically requires a warrant and transport to a facility. Active THC blood levels may decline significantly and could drop below legal limits during that time. Marijuana can affect people differently, making it challenging to develop consistent and fair guidelines. For example, frequent users of marijuana can exhibit persistent levels of the drug long after use, while drug levels can decline more rapidly among occasional users. "There is understandably a strong desire by both lawmakers and the public to create legal limits for marijuana impairment, in the same manner as we do with alcohol," said Marshall Doney, AAA's President and CEO, "In the case of marijuana, this approach is flawed and not supported by scientific research. It's simply not possible today to determine whether a driver is impaired based solely on the amount of the drug in their body." AAA is urging states to use more comprehensive enforcement measures to improve road safety. Rather than relying on arbitrary legal limits, states should use a two -component system that requires (1) a positive test for recent marijuana use, and most importantly, (2) behavioral and physiological evidence of driver impairment. This system would rely heavily on two current law - enforcement training programs: Advanced Roadside Impaired Driving Enforcement (ARIDE) and the 50-state Drug Evaluation http:l/newsroom,aaa.com/2016/05ifatal-road-crashes-involving-marijuana-double-state-legalizes-drug/ 2/3 533 of 554 Fatal Road Crashes Involving Marijuana Double After State Legalizes Drug j AAA NewsRoom ification (DEC) program. These programs train law enforcement officers around the country to more effectively !ze drug -impaired driving. "Marijuana can affect driver safety by impairing vehicle control and judgment," continued Doney. "States need consistent, strong and fair enforcement measures to ensure that the increased use of marijuana does not impact road safety," Whether the use of marijuana is legal or not, all motorists should avoid driving while impaired. Just because a drug is legal does not mean it is safe to use while operating a motor vehicle. Drivers who get behind the wheel while impaired put themselves and others on the road at risk. Four states, including Alaska, Colorado, Oregon, Washington and Washington, D.C., have legalized the recreational use of marijuana, and 20 states have legalized it for therapeutic and medicinal use. Montana and Washington have implemented a per se limit for marijuana at 5 ng/mL; Nevada and Ohio have set a limit at ng/mL; and Pennsylvania's is set at 1 nglmL. Twelve states have strict per se laws that forbid the presence of any levels of marijuana. In Colorado, a blood concentration of 5 ng/mL or more gives rise to permissible inference thata person was driving under the influence of the drug. This news release promotes two new studies by the AAA Foundation into marijuana and driving: Prevalence of Marijuana Involvement in Fatal Crashes: Washington, 2010-2014 An Evaluation of Data from Drivers Arrested for Driving Under the Influence in Relation to Per se Limits for Cannabis The Foundation also is releasing related research into marijuana and driving, including: Cannabis Use among Drivers Suspected of Driving Under the Influence or Involved in Collisions: Analysis of Washington State Patrol Data Driving Under the Influence of Alcohol and Marijuana: Beliefs and Behaviors, United States, 2013-2015 Advancing Drugged Driving Data at the State Level: Synthesis of Barriers and Expert Panel Recommendations Overview of Major Issues Regarding the Impacts of Alcohol and Marijuana an Driving Established by AAA in 1947, the AAA Foundation for Traffic Safety is a 501(c)(3) not -for -profit, publicly supported charitable research and educational organization. Dedicated to saving lives and reducing injuries on our roads, the Foundation's mission is to prevent crashes and save lives through research and education about traffic safety. The Foundation has funded over 300 research projects designed to discover the causes of traffic crashes, prevent them and minimize injuries when they do occur. Visit www.AAAFoundation.org for more information on this and other research, As North America's largest motoring and leisure travel organization, AAA provides more than 56 million members with travel, insurance, financial and automotive -related services. Since its founding in 1902, the not -for -profit, fully tax -paying AAA has been a leader and advocate for the safety and security of all travelers. AAA clubs can be visited on the Internet atAAA.com. Motorists can map a route, identify gas prices, find discounts, book a hotel and access AAA roadside assistance with the AAA Mobile app for iPhone, iPad and Android. Learn more at AAA.com/mobile. AAA news releases, high -resolution images, broadcast -quality video, fact sheets and podcasts are available on the AAA NewsRoom at NewsRoom.AAA.com Related Articles http:flnewsroom.aaa.com/20161051fatal-road-crashes-involving-marijuana-double-state-legalizes-drugf 313 534 of 554 ORDINANCE NO. 2016 - 2416 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 10.14 TO TITLE 10 OF THE NATIONAL CITY MUNICIPAL CODE TO PROHIBIT ALL COMMERCIAL MARIJUANA ACTIVITY IN THE CITY OF NATIONAL CITY, REGULATE THE CULTIVATION OF RECREATIONAL MARIJUANA FOR PERSONAL USE, AND REGULATE THE POSSESSION OF RECREATIONAL MARIJUANA IN ANTICIPATION OF PROPOSITION 64, THE CONTROL, REGULATE, AND TAX ADULT USE OF MARIJUANA ACT ("AUMA"), PASSING ON NOVEMBER 8, 2016 WHEREAS, National City is committed to the success and positive future of its community youth, and to the health and safety of its residents; and WHEREAS, National City supports efforts to decrease and prevent youth use of and exposure to non -medical marijuana and other drugs; and WHEREAS, marijuana use can be harmful to the adolescent brain, affecting the parts of the brain that influence pleasure, memory, thinking, concentration, sensory and time perception, and coordinated movement as documented and set forth in "Drug Facts: Marijuana": National Institute of Health, National Institute on Drug Abuse, January 2014, https://www.drugabuse.gov/publications/drugfacts/marijuana and as identified in the staff report and accompanying exhibits; and WHEREAS, a ballot measure titled the "Adult Use of Marijuana" to permit commercial sales of non -medical marijuana in California will be on the November 2016 General Election ballot; and WHEREAS, analysis of the "Adult Use of Marijuana" ("AUMA") initiative by the San Diego District Attorney's office points out, "The initiative allows persons convicted of dealing large amounts of controlled substances such as heroin (up to 20,000 individual doses), methamphetamine (up to 10,000 individual doses) to become `legal marijuana dealers- (see Exhibit 4); and WHEREAS, the analysis further notes that the initiative permits convicted felony drug dealers who have used children to courier drugs to an adult buyer to be eligible to apply for a California marijuana license (see Exhibit 4); and WHEREAS, National City is concerned that the recreational use of marijuana in the city and the commercial availability of marijuana in the city will attract greater felony behavior, increase crime in the city and can exploit children; and WHEREAS, there are no provisions in the initiative to prevent advertising and marketing to children and teens near parks, community centers, child -focused businesses, and community colleges; and WHEREAS, the High Intensity Drug Trafficking Areas ("HIDTA") statistics for marijuana use in Colorado teens ages 12-17 are 74% above the national average as 535 of 554 documented and indicated in "The Rocky Mountain High Intensity Drug Trafficking Area (RMHIDTA) September 2015 annual report (see Exhibit 2); and WHEREAS, the initiative allows for the indoor growing of up to six marijuana plants per residence and each plant requires 6 gallons of water per day in a state that is currently battling a drought; and WHEREAS, in Colorado, where non -medical marijuana is legal and commercialized, marijuana -related traffic deaths increased 92% from 2010 to 2014 while all traffic deaths increased only 8 percent during the same time period (see staff report and Exhibit 2); and WHEREAS, a study released in May 2016 by AAA Foundation for Traffic Research found that fatal crashes involving drivers who recently used marijuana doubled in Washington after the state legalized the drug as discussed in "Prevalence of Marijuana Involvement in Fatal Crashes: Washington, 2010-2014," May 2016, AAA Foundation for Traffic Safety; and WHEREAS, National City is highly concerned of the likelihood of a severe increase in fatal crashes or incidents involving drivers who recently used marijuana should marijuana be legalized in the State of California and commercially available in the city; and WHEREAS, National City is concerned for the health and safety of its residents should marijuana be legalized in the State of California and commercially available in the city; and WHEREAS, National City currently prohibits medical marijuana dispensaries under National City Municipal Code section 18.30.340 and prohibits the cultivation of marijuana for medicinal and other purposes under National City Municipal Code section 18.30.345. NOW THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. Title 10 of the National City Municipal Code is amended by adding Chapter 10.14 to read as follows: Chapter 10.14 RECREATIONAL MARIJUANA Sections: 10.14.010 Definitions. 10.14.020 Commercial marijuana activity — Prohibited. 10.14.030 Cultivation of recreational marijuana for personal use. 10.14.040 Possession of recreational marijuana. 10.14.050 Smoking of marijuana in public - Prohibited Ordinance No. 2016 - 2416 2 Adding Chapter 10.14 to Prohibit All November 1, 2016 Commercial Marijuana Activity in National City 536 of 554 10.14.060 Penalties. 10.14.070 Enforcement. 10.14.080 Non -exclusivity. 10.14.090 Severability. 10.14.010 Definitions. A. For purposes of this chapter, "marijuana" shall have the same meaning as the definition of that word in Section 11018 of the California Health and Safety Code. B. "Commercial marijuana activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery, or sale of marijuana and marijuana products. C. "Cultivation of marijuana" shall mean the planting, growing, cultivating, harvesting, drying, curing, grading, trimming or processing of marijuana as defined in Business and Professions Code section 26001. D. "Delivery" means the commercial transfer of marijuana or marijuana products to a customer. Delivery also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed, that enables customers to arra nge for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products as defined in Business and Professions Code section 26001(h). E. "Marijuana accessories" shall have the same meaning as section 11018.2 of the Health and Safety Code. Any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana or marijuana products into the human body. F. "Marijuana cultivation facility" means an entity licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. G. "Marijuana establishment" means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store. H. "Marijuana product manufacturing facility" means an entity licensed to purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers. "Marijuana products" means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use of consumptions, such as, but not limited to, edible products, ointments and tinctures and as otherwise defined in section 11018.1 of the Health and Safety Code. J. "Marijuana storage facility" means any entity or premise used for the storage of marijuana, marijuana products or marijuana accessories. K. "Marijuana testing facility" means an entity licensed to analyze and certify the safety and potency of marijuana. L. "Private Residence" means a house, an apartment unit, a mobile home, or other similar habitable dwelling as defined in Health and Safety Code section 11362.2(b)(5). Ordinance No. 2016 - 2416 3 Adding Chapter 10.14 to Prohibit All November 1, 2016 Commercial Marijuana Activity in National City 537 of 554 M. "Retail marijuana store" includes any entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers; or any premises, whether licensed or unlicensed, where marijuana, marijuana products, or devices for the use of marijuana or marijuana products are offered, either individually or in any combination, for retail sale, including an establishment that delivers marijuana and marijuana products as part of a retail sale. 10.14.020 Commercial marijuana activity - Prohibited. The licensing and/or operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, marijuana delivery businesses, marijuana storage facilities, retail marijuana stores, marijuana establishments, or any commercial marijuana activity is prohibited. 10.14.030 Cultivation of recreational marijuana for personal use. A. Outdoor Cultivation. The cultivation of marijuana outdoors is prohibited regardless of purpose. B. Indoor Cultivation. Not more than six plants may be cultivated, planted, harvested, dried, processed or possessed within a single private residence at one time per Health and Safety Code section 11362.2(a). This provision on indoor cultivation shall only become effective if Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act ("AUMA") passes on November 8, 2016. 10.14.040 Possession of recreational marijuana. A. It is unlawful for a person under the age of twenty-one (21) years to possess, transfer, transport or purchase marijuana, marijuana products, marijuana accessories. B. It is unlawful for any person to display, consume, sell, or use marijuana in or upon any public area, public park, or public building. C. It is unlawful for any person to purchase marijuana or marijuana products for consumption or possession by, or otherwise provide marijuana for consumption or possession by, or to sell marijuana to, any person under the age of twenty-one (21) years. D. This section 10.14.040 shall only become effective if Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act ("AUMA") passes on November 8, 2016. 10.14.050 Smoking of marijuana in public - Prohibited. A. General Prohibition. The smoking of marijuana is prohibited anywhere the smoking of tobacco is prohibited. B. Smoking of marijuana shall be prohibited as stated in Health and Safety Code section 11362.3. 10.14.060 Penalties. A. General Penalty. In addition to any other penalties that may exist under state, federal, and local laws, a violation of any provision of this chapter or a failure to comply with any mandatory requirements of this chapter is subject to prosecution in accordance with Title 1 of the National City Municipal Code and may be enforced through injunctive relief or oth er relief available by law. Penalties for violations of the provisions of this chapter may result in a misdemeanor citation for each day in violation, punishable by a maximum of one year in jail and a one thousand dollar fine. Ordinance No. 2016 - 2416 4 Adding Chapter 10.14 to Prohibit All November 1, 2016 Commercial Marijuana Activity in National City 538 of 554 B. Public Nuisance. The conduct of any activity or business in violation of this chapter is declared to be a public nuisance and the city may, in addition to all other remedies set forth hereunder, commence an action or actions or proceedings, for the abatement, removal and enjoinment thereof, in a manner provided by the law; and may take such other steps and may apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such marijuana cultivation facility, marijuana product manufacturing facility, marijuana testing facility, marijuana delivery business, marijuana storage facility, retail marijuana store, marijuana establishment, or any commercial marijuana activity and restrain and enjoin any person from operating, conducting or maintaining such a business or establishment contrary to the provisions of this chapter. C. Cost Recovery. Administering departments are authorized to charge cost recovery fees for services provided under this chapter. Cost recovery fees may also be recovered for equipment and personnel expenses incurred. Said fees may be established from time to time by resolution of the city council. 10.14.070 Enforcement. The provisions of this chapter shall be enforced by the fire marshal, any police officer, any code compliance officer, and any other city official authorized to enforce any provision of the municipal code. 10.14.080 Non -exclusivity. Nothing in this chapter shall limit or preclude the enforcement of other applicable laws. 10.14.090 Severability. The provisions of this chapter are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this chapter, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this chapter, or the validity of its application to other persons or circumstances. PASSED and ADOPTED this 1st day of November, 2016. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ordinance No. 2016 - 2416 5 Adding Chapter 10.14 to Prohibit All November 1, 2016 Commercial Marijuana Activity in National City 539 of 554 CC/CDC-HA Agenda 11/1/2016 — Page 539 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 authorizing the Chairman to execute a Subordination Agreement allowing a new mortgage that is not -to -exceed $106,000 to be and remain a lien prior and superi 540 of 554 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY COUNCIL AGENDA STATEMENT MEETING DATE: November 1, 2016 AGENDA ITEM NO. ITEM TITLE: Commission -Housing a Subordination Agreement a lien prior and superior at 1928 E Avenue in National Comm. Dev. Specialist II Development Commission Investment Partnerships E Avenue in National City. is interested in refinancing from Wells Fargo Bank, the Community Development agreement allowing the new second lien position on a 30 year term. There will not the combined loan Authority of the City of National City allowing a new mortgage that is not - to a home purchase assistance loan on City. DEPARTMENT: Ho g & Economic Dev. APPRO EBY: Resolution of the Community Development authorizing the Chairman to execute to -exceed $106,000 to be and remain a single-family residence located PREPARED BY: Angelita Palma, PHONE: 619-336-4219 EXPLANATION: On March 13, 2014, the Community a loan for $18,026 from the HOME family residence located at 1928 $17,795. Teresa Trujillo Labra ("Borrower") and has been approved for a new loan The Lender is requiring that execute the attached subordination loan. The CDC -issued loan will maintain reduce the interest rate to 4% for refinance. Staff has satisfactorily reviewed loan application, and underwriting summary. Tonal ity ("CDC") made rehabilitation of a single- principal balance of loan on the property Authority (CDC -HA) to the CDC -issued of the refinance is to the Borrower through the report, new loan terms, ' o Program to assist in the The loan has an outstanding the first mortgage N.A. ("Lender"). Commission -Housing loan to hold superior position the property. The purpose be cash proceeds to -to -value, preliminary title FINANCIAL STATEMENT: APPROVED: Finance APPROVED: MIS N/A ACCOUNT NO. ENVIRONMENTAL REVIEW: FINAL ADOPTION: N/A ORDINANCE: INTRODUCTION: I STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Attachment No. 1: Subordination Agreement 541 of 554 Attachment No. 1 RECORDING REQUESTED BY FIRST AMERICAN TITLE COMPANY AND WHEN RECORDED MAIL TO: CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 ATTN: HOUSING & ECONOMIC DEV ORDER NO.: 00148707-996-MCO-JH7 SPACE ABOVE THIS LINE FOR RECORDER'S USE SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. THIS AGREEMENT, made this 1st day of November 2016 by Teresa Trujillo Labra, owner of the land hereinafter described and hereinafter referred to as "Owners", and the Community Development Commission -Housing Authority of the City of National City, a public body, corporate and politic as present owner and holder of the deed of trust and note first hereinafter described and hereinafter referred to as "Beneficiary". WITNESSETH THAT WHEREAS, Owners has executed a deed of trust, dated March 13, 2014, to the Community Development Commission - Housing Authority of the City of National City as trustee, covering the Real property in the City of National City, County of San Diego, State of California, described as follows: ALL OF LOTS 6 AND 7 IN BLOCK 1, OF POWELL'S SUBDIVISION OF THE WEST HALF OF LOT 13 IN QUARTER SECTION 153 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1270, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1910. EXCEPTING THEREFROM SAID LOTS 6 AND 7 THE WESTERLY 47.92 FEET. EXCEPTING THEREFROM ALSO FROM LOT 7 THE NORTHERLY 32 FEET. APN: 560-251-08-00 to secure a note in the sum of $18,026, dated March 13, 2014, in favor of The Community Development Commission -Housing Authority of the City of National City, a public body, corporation and politic, which deed of trust was recorded March 17, 2014, Recording Number 2014-0103793 Official Records of said county; and WHEREAS, Owners has executed, or is about to execute, a deed of trust and note in the sum not to exceed $106,000 dated 2016, in favor of Wells Far2o Bank, N.A., hereinafter referred to as "Lender", payable with interest and upon the terms and conditions described therein, which deed of trust is to be recorded concurrently herewith; and WHEREAS, it is a condition precedent to obtaining said loan that said deed of trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the deed of trust first above mentioned; and WHEREAS, Lender is willing to make said loan provided the deed of trust securing the same is a lien or charge upon the above described property prior and superior to the lien or charge of the deed of trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor or Lender; and Page 1 of 3 542 of 554 Attachment No. 1 Order No.: DCVE-5242515 WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and Beneficiary is willing that the deed of trust securing the same shall, when recorded, constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust first above mentioned. NOW THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows: (1) That said deed of trust securing said note in favor of Lender, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the property therein described, prior and superior to the lien or charge of the deed of trust first above mentioned. (2) That Lender would not make its loan above described without this subordination agreement. (3) That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deeds of trust hereinbefore specifically described, any prior agreement as to such subordination including, but not limited to, those provisions, if any, contained in the deed of trust first above mentioned, which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to another mortgage or mortgages. Beneficiary declares, agrees and acknowledges that (a) He/She consents to and approves (i) all provisions of the note and deed of trust in favor of Lender above referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements, between Owner and Lender for the disbursement of the proceeds of Lender's loan; (b) Lender in making disbursements pursuant to any such agreement is under no obligation or duty to, nor has Lender represented that it will, see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; (c) He/She intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust first above mentioned in favor of the lien or charge upon said land of the deed of trust in favor of Lender above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination specific loans and advances are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and (d) An endorsement has been placed upon the note secured by the deed of trust first above mentioned that said deed of trust has by this instrument been subordinated to the lien or charge of the deed of trust in favor of Lender above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. Community Development Commission — Housing Authority of the City of National City By: Ron Morrison, Chairman Teresa Trujillo Labra Beneficiary Owner (All signatures must be acknowledged) IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. Page 2 of 3 543 of 554 I Attachment No. 1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF } SS: On before me, a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature FOR NOTARY SEAL OR STAMP A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF } SS: On before me, a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature FOR NOTARY SEAL OR STAMP Page 3 of 3 544 of 554 RESOLUTION NO. 2016 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A SUBORDINATION AGREEMENT ALLOWING A NEW MORTGAGE THAT IS NOT -TO -EXCEED $104,000 TO BE AND REMAIN A LIEN PRIOR AND SUPERIOR TO A HOME REHABILITATION LOAN ON A SINGLE-FAMILY RESIDENCE LOCATED AT 1928 "E" AVENUE IN NATIONAL CITY WHEREAS, Teresa Trujillo Labra ("Borrower") is the owner of a single-family residence located at 1928 "E" Avenue in National City; and WHEREAS, on March 13, 2014, the Community Development Commission of the City of National City made a loan for $18,026 from the HOME Investment Partnerships Program to assist in the rehabilitation of a single-family residence; and WHEREAS, the Borrowers desire to refinance the existing first mortgage to reduce the interest rate to 4% for a term of 30 years with a new mortgage with a principal amount not -to -exceed $106,000 from Wells Fargo Bank, N.A. ("Lender"); and WHEREAS, in order to provide the loan, the Lender requires the subordination of the Deed of Trust that secures the HOME funds. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission -Housing Authority of the City of National City hereby authorizes the Chairman to execute a Subordination Agreement and any other Escrow related documents as necessary. After being recorded by the County of San Diego, of the Subordination Agreement will be on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of November, 2016. Ron Morrison, Chairman ATTEST: Leslie Deese, Secretary APPROVED AS TO FORM: George H. Eiser III Interim City Attorney 545 of 554 CC/CDC-HA Agenda 11/1/2016 — Page 545 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 authorizing the Chairman to execute a Grant Deed transferring certain Real Property from the Community Development Commission -Housing Authority of the City o 546 of 554 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY COUNCIL AGENDA STATEMENT MEETING DATE: November 1, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the Community Development Commission -Housing Authority of the City of National City authorizing the Chairman to execute a Grant Deed transferring certain Real Property from the Community Development Commission -Housing Authority of the City of National City to the City of National City consisting of a 385 square foot sliver of land for public access improvements on Hoover Avenue adjacent to the Phase II Housing Project of the Westside Infill Transit Oriented Development. PREPARED BY: Carlos Aguirre, Housing & Economic Development Manager PHONE: (619) 336-4391 DEPARTMENT: usin l& Economic Dev. APPROV --SY: EXPLANATION: Paradise Creek II Housing Partners ("Developer") is required by the City on National City ("City") to provide adequate public access along Hoover Avenue adjacent the Phase II affordable housing project ("Project") of the Westside Infill Transit Oriented Development consisting of 92 apartment units. The Community Development Commission -Housing Authority of the City of National City ("CDC -HA") is the owner of the parcel consisting of approximately 2.1 acres on which the Project will be constructed. The CDC -HA will enter a long-term lease for the Phase II parcel as required by a Development and Disposition Agreement executed on June 21, 2011. The attached Grant Deed would transfer fee simple title from the CDC -HA to the City on a sliver of land described in Attachment No. 1 for the installation of public access improvements by the Developer as required by the City's conditions for approval. FINANCIAL STATEMENT: ACCOUNT NO. Not applicable. ENVIRONMENTAL REVIEW: Approval of the property transfer is not a "Project" under section 15378 of the California Environmental Quality Act ("CEQA") Guidelines because the proposed action consists of administrative activity that will not result in direct or indirect physical changes to the environment and, as such, pursuant to section 15061(b)(3) of the CEQA Guidelines is not subject to CEQA. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD ! COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 1. Grant Deed 2. Resolution 547 of 554 Attachment No. 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Christensen & Spath LLP 550 West C Street, Suite 1600 San Diego, CA 92101 Attn: Walter Spath Exempt Recording - Govt. Code §6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE Transfer to governmental entity — Rev. & Tax. Code §11922 GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY ("Grantor"), hereby grants, transfers and assigns to the CITY OF NATIONAL CITY, a municipality ("Grantee"), all that certain real property located in the City of National City, County of San Diego, State of California, which real property is more particularly described in Exhibit A and depicted in Exhibit B, attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF, this Grant Deed has been executed this day of November, 2016. GRANTOR: COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY By: Ron Morrison, Chairman ACCEPTANCE This is to certify that the interest(s) in real property conveyed by this instrument to the City of National City are hereby accepted by the undersigned officer on behalf of the City of National City, pursuant to the authority conferred by City of National City Resolution No. on November 1, 2016, and the grantee consents to recordation thereof by its duly authorized officer. GRANTEE: City of National City By: Dated: November _, 2016 Ron Morrison, Mayor Approved as to Form: Christensen & Spath LLP Special Counsel to the Grantor and the Grantee By: Walter F. Spath III, Esq. 548 of 554 Attachment No. 1 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy. or validity of that document. State of California County of San Diego ) ) On , 2016, before me, , notary public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy. or validity of that document. State of California County of San Diego ) ) ) On , 2016, before me, , notary public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 549 of 554 Attachment No. 1 Exhibit A TO GRANT DEED Real Property Description Real property in the City of National City, County of San Diego, State of California, described as follows: A PORTION OF PARCEL 2 IN THE CERTIFICATE OF COMPLIANCE RECORDED AUGUST 20, 2013, AS INSTRUMENT 2013-521150 OF OFFICIAL RECORDS IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY CORNER OF PARCEL 2 OF SAID CERTIFICATE OF COMPLIANCE; SAID POINT ALSO BEING A POINT IN THE WESTERLY RIGHT OF WAY OF HOOVER AVENUE HAVING A HALF WIDTH OF 40.00 FEET; THENCE SOUTH 17°48'25" EAST 5.77 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 17°48'25" EAST 51.47 FEET; THENCE LEAVING SAID RIGHT OF WAY SOUTH 72°04'38" WEST 3.11 FEET; THENCE ALONG A NON -TANGENT CURVE WITH A RADIUS OF 42.57 FEET AND AN EXIT RADIAL OF SOUTH 67°03'28" EAST; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 55.40 FEET THROUGH A CENTRAL ANGLE OF 74°33'40" TO THE TRUE POINT OF BEGINNING. REFER TO ATTACHED EXHIBIT B DEPICTING DESCRIBED PROPERTY. 550 of 554 Attachment No. 1 Exhibit B TO GRANT DEED 551 of 554 EXHIBIT A -HOOVER Attachment No. 1 A PORTION OF PARCEL 2 IN THE CERTIFICATE OF COMPLIANCE RECORDED AUGUST 20, 2013 AS INSTRUMENTS 2013-521150 OF OFFICIAL RECORDS IN THE OFFICE OF SAN DIEGO COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY CORNER OF PARCEL 2 OF SAID CERTIFICATE OF COMPLIANCE; SAID POINT ALSO BEING A POINT IN THE WESTERLY RIGHT OF WAY OF HOOVER AVENUE HAVING A HALF WIDTH OF 40.00 FEET; THENCE SOUTH 17'48'25" EAST 5.77 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 17°48'25" EAST 51.47 FEET; THENCE LEAVING SAID RIGHT OF WAY SOUTH 72'04'38" WEST 3.11 FEET; THENCE ALONG A NON —TANGENT CURVE WITH A RADIUS OF 42.57 FEET AND A EXIT RADIAL OF SOUTH 67'03'28" EAST; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 55.40 FEET THROUGH A CENTRAL ANGLE OF 74°33'40" TO THE TRUE POINT OF BEGINNING. SEE EXHIBIT "B" SHEET 2 FOR A SKETCH DEPICTING DESCRIBED PROPERTY. CONTAINS 385 SQ. FT., MORE OR LESS. BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS PLAT IS THE CENTERLINE OF 22ND ST PER EJ CHRISTMAN BUSINESS AND INDUSTRIAL PARK I MAP NO 8038 AS SHOWN AS NORTH 72' 16'45" EASE. ENGINEER/SURVEYOR PREPARED UNDER THE SUPERVISION OF: VINCENT W. SCARPATI R.C.E.33520 DATE LICENSE EXP. 06/30/2018 W <,\,� sc9�Ey\ rrt No. 33520 Exp. 6/30/2018 CIV1� OF CALF EXH. A SHEET 1 OF 2 BY: DSK DATE: 10-18-16 SCALE: AS SHOWN c&v �=1 CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING & SURVEYING 6 ORCHARD STE 200 LAKE FOREST, CALIFORNIA 92630 T. 949.916.3800 F. 949.916.3805 WWW.CVC-INC.NET STREET EASEMENT PORTION OF HOOVER AVENUE SHEET 1 OF 2 552 of 554 EXHIBIT A -HOOVER Attachment No. 1 SCALE: 1" = 50' zOrttl- STCT VAA LINE TABLE LINE LENGTH BEARING L1 5.77 S17'48'25"E L2 51.47 S17°47'56"E L3 3.11 572`04'38"W CURVE TABLE CURVE LENGTH RADIUS DELTA TAN C1 55.40 42.57 74'33'40" 32.41 ENGINEER/SURVEYOR PREPARED UNDER THE SUPERVISION OF: VINCENT W. SCARPATI R.C.E.33520 DATE LICENSE EXP. 06/30/2018 EXH. A SHEET 2 OF 2 BY: DSK DATE: 10-18-16 SCALE: AS SHOWN c&v �1 CONSULTING, INC, CIVIL ENGINEERING LAND PLANNING & SURVEYING 6 ORCHARD STE 200 LAKE FOREST, CALIFORNIA 92630 T. 949.916.3800 F. 949.916.3805 WWW.CVC-INC.NET STREET EASEMENT PORTION OF HOOVER AVENUE SHEET2OF2 553 of 554 RESOLUTION NO. 2016 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A GRANT DEED TRANSFERRING CERTAIN REAL PROPERTY FROM THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY TO THE CITY OF NATIONAL CITY CONSISTING OF A 385 SQUARE FOOT SLIVER OF LAND FOR PUBLIC ACCESS IMPROVEMENTS ON HOOVER AVENUE ADJACENT TO THE PHASE II HOUSING PROJECT OF THE WESTSIDE INFILL TRANSIT ORIENTED DEVELOPMENT WHEREAS, the Successor Agency to the Community Development Commission as the National City Redevelopment Agency ("Successor Agency") is subject to the enforceable obligation commonly referred to as the Westside Infill Transit Oriented Development (WI-TOD) Development and Disposition Agreement ("DDA"), entered into June 21, 2011 with Paradise Creek II Housing Partners, LP ("Developer"); and WHEREAS, in accordance with California Health and Safety Code section 34176, the Community Development Commission -Housing Authority of the City of National City "CDC - HA" accepted the affordable housing functions of the former redevelopment agency pursuant to CDC -HA Resolution No. 2012-01; and WHEREAS, the CDC -HA owns two legal parcels, Parcel 1 and Parcel 2 totaling 6.299 acres, generally bounded by 19th Street, Harding Avenue, 22nd Street, and Hoover Avenue in National City; and WHEREAS, the DDA requires that Parcel 2 be used for the development a 92- unit affordable housing project ("Project") as described in the DDA; and WHEREAS, a sliver of land from Parcel 2 adjacent to Hoover Ave of approximately 385 square feet is needed for public access improvements to be constructed by the Developer as required by the City's conditions for approval of the Project; and WHEREAS, the transfer of real property is not a "Project" under section 15378 of the California Environmental Quality Act ("CEQA") Guidelines because the proposed action consists of administrative activity that will not result in direct or indirect physical changes to the environment and, as such, pursuant to section 15061(b)(3) of the CEQA Guidelines is not subject to CEQA. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission -Housing Authority of the City of National City hereby authorizes the Chairman to execute a Grant Deed transferring certain Real Property from the Community Development Commission -Housing Authority of the City of National City to the City of National City consisting of a 385 square foot sliver of land for public access improvements on Hoover Avenue adjacent to the Phase II Housing Project of the Westside Infill Transit Oriented Development. Said Grant Deed will be publicly recorded with County of San Diego Office of the Recorder. [Signature Page to Follow] 554 of 554 Resolution No. 2016 — Page Two PASSED and ADOPTED this 1st day of November, 2016. Ron Morrison, Chairman ATTEST: Leslie Deese, Secretary APPROVED AS TO FORM: George H. Eiser III Interim City Attorney