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Home My WebLink About1998 04-14 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY - APRIL 14, 1998 - 6:00 P.M. OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG BY ASSISTANT CITY MANAGER, PARK MORSE INVOCATION APPROVAL OF THE MINUTES OF A REGULAR MEETING OF APRIL 7, 1998. COUNCIL AGENDA 4/14/98 Page 2 MAYOR'S PRESENTATIONS Miss National City INTERVIEWS/APPOINTMENTS Housing & Community Development Committee — Reappointment PUBLIC HEARINGS 1. Public Hearing to review 1998-1999 Consolidated Plan funding available for the Community Development Block Grant (CDBG) and HOME Investment Partnership Act (HOME) programs and consider public comment and testimony regarding proposed projects and programs. (Community Development Commission) CONSENT CALENDAR Consent Calendar: Consent Calendar items involve matters which are of a routine or noncontroversial nature. All consent calendar 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 the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 2. Resolution No. 98-37 Resolution of the City Council of the City of National City authorizing the Mayor to sign a sublicensing agreement with San Diego Data Processing Corporation for a Digital Base Map. (Engineering) 3. Resolution 98-38 Resolution of the City Council of the City of National City accepting the work and authorizing the filing of the Notice of Completion, and approving Change Order No. 3 for the reroofing of the upper portion of the Camacho Recreation Center, Engineering Specification No. 97-9. (Engineering) COUNCIL AGENDA 4/14/98 Page 3 CONSENT CALENDAR (Cont.) 4. WARRANT REGISTER #39 (Finance) Ratification of Demands in the amount of $490,213.92. 5. Claim for Damages: Ruben Reta (City Clerk) 6. Claim for Damages: Mr. & Mrs. Delfino C. Blanco and Armando & Maricela Blanco. (City Clerk) NON CONSENT RESOLUTIONS 7. Resolution No. 98-39 Resolution of the City Council of the City of National City authorizing the City Manager and Chief of Police to execute a Memorandum of Understanding for participation in the Fiscal Year 1998/1999 High Intensity Drug Trafficking Area (HIDTA) Program. (Police) ORDINANCE FOR ADOPTION 8. An Ordinance of the City Council of the City of National City amending Chapter 10.25 of the National City Municipal Code regarding public pay telephone regulations. (City Attorney) NEW BUSINESS - CITY MANAGER COUNCIL AGENDA 4/14/98 Page 4 NEW BUSINESS (Cont.) -* CITY ATTORNEY -* OTHER STAFF —> MAYOR —> CITY COUNCIL PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. ADJOURNMENT Next Regular City Council Meeting — April 21, 1998 - 3:00 p.m. - Council Chambers, Civic Center. TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4230 George H. Waters - Mayor APRIL 7, 1998 TO: COUNCILMEMBERS FROM: MAYOR GEORGE H. WATERS SUBJECT: HOUSING & COMMUNITY DEVELOPMENT COMMITTEE Please be advised that Ms. Aileane Roberts term on the Housing & Community Development Committee expires on April 28, 1998. Ms. Roberts has served 2-1/2 terms on the Housing & Community Development Committee and is requesting consideration for reappointment. If there are no objections, I recommend we reappoint Ms. Roberts for a term ending April 28, 2000. This item will be placed on the Council Agenda for the meeting of April 14, 1998. GEORGE H. WATERS Mayor GHW:nu Recycled Paper CITY OF NATIONAL CITY N APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve an any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission enior Citizens Advisory Board =rks Recreation Advisory.Board ASerra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee Name: TO L) EP /9/ (E-41(6' Birth Date g/ly�/1 (Last) �f c /j/(Fiiirst) (Opti nal) Home Address: /J / �/� /Y . Cam C%4. Telephone: Residence ( '/7$ 3-3 7 -3 ) Business/Work ( ) NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? 7-7 SAN DIEGO COUNTY? ,3 NATIONAL CITY? 3G / ,IRS- / ARE YOU A REGISTERED VOTER: YES 1/ NO 5 4 3Ri.990101P&5it lsf 1 tt , ......................................:..........:...........:....... Colleges attended and degrees held, if any Related Professional or Civic !� Experience: 7i.'PSz Ervt DP &1s 2�C(u b Au.r. i?5 - BOAR. ri AR ifygs• RcdC R055 �3o9ad o� IfJRT;v4.E-611J ,2y?s. wln1 REs. ,? e's PLEASE INDICATE BELOW ANY FURTHER INFORMATION THAT WILL BE OF VALUE REGARDING YOUR SERVICE ON THE ABOVE NAMED BOARDS, COMMITTEES OR COMMISSIONS: DATE:I.2 YOUR SIGNATURE A kC G4e/t&I RETURN COMPLETED FORM TO: THE CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950 City of National City, California COUNCIL AGENDA STATEMENT April 14, 1998 MEETING DATE 1 AGENDA ITEM NO ITEM TITLE PUBLIC HEARING: TO REVIEW 1998-1999 CONSOLIDATED PLAN FUNDING AVAILABLE FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAMS AND CONSIDER PUBLIC COMMENT AND TESTIMONY REGARDING PROPOSED PROJECTS AND PROGRAMS. PREPARED BY Paul Desrochers, Executive Director7s'1 ARTMENT CDC EXPLANATION. Each year the City completes a process to solicit and approve programs and projects eligible for federal funding. The Department of Housing and Urban Development (HUD) has informed the City that $1,396,000 in CDBG funds and $586,000 in HOME funds will be available for Consolidated Plan program year 1998-99 (July 1, 1998 — June 30, 1999). Combined, these grants are almost the same amount as last year's grants. (See attached Report) Environmental Review X N/A Financial Statement FY 1998-99 CDBG Entitlements: CDBG = $1,396,000 HOME = $ 580.000 TOTAL = $1,982.000 Account No. TA a CitCoMMrcNona ct a public hearing to review 1998-1999 Consolidated Plan funding available for the Community Development Block Grant (CDBG) and HOME Investment Partnership Act (HOME) programs, consider public comment and testimony regarding proposed projects and programs, give desired direction to staff, and continue public hearing to April 21, 1998 to consider Annual Plan. BOARD/COMMISSION RECOMMENDATION Reccomendations for proposed CDBG/HOME expenditures from the Housing and Community Development Committee will be available at the April 21, 1998 Public Hearing. ATICXMENTS (Listed Below) 1. Public Hearing Notice 2. 1998-99 Consolidated Plan Notebook Resolution No A-200 (Rev '/2101 (Explanation, Continued) The purpose of today's public hearing is to afford residents of National City, the City Council, and CDBG applicants the opportunity to comment on the manner in which CDBG and HOME funds should be allocated to meet the City's housing and community needs. After thorough consideration of today's public comment and any desired Council direction, CDC staff:, in conjunction with the Chairman of the City CIP Committee and other City Department Heads, will begin to formulate CDBG and HOME funding recommendations and include them in the 1998-99 Consolidated Plan Annual Plan (CPAP) document. Per HUD regulations, the City must hold a 30-day comment period for the public to review the 1998- 99 CPAP and to make comments or suggest changes. This 30-day period started March 28, 1998 and will end April 28, 1998. During the 30-day comment period, the City Council is scheduled to continue this public hearing to April 21, 1998 to receive public comment on the plan. This continued public hearing will also provide Council with additional opportunity to deliberate recomendations and provide desired direction to staff. Tuesday, May 12, 1998 is the proposed date for the City Council approval of the 1998-99 CPAP which will include the CDBG and HOME budgets for the program year 1998-99. The 1998-99 CDBG funds will primarily benefit low and moderate income families, with a minimum of 70 percent of the funds targeted to benefit low income households. Accompanying this report is the 1998-99 Consolidated Plan Notebook (Attachment No. 2). The Notebook compiles all applications for the public service, community projects, and City capital projects and programs for 1998-99. In addition to CDBG, the City will receive $586,000 in 1998-99 HOME funds from HUD. These funds will be utilized by the City for affordable housing programs and projects. Tab No. 46 in the Notebook provides an explanation of the HOME program. Combining CDBG and HOME, the City will invest S1,982,000 into the community for 1998-99. Review of Consolidated Plan In 1995, Consolidated Plan regulations introduced a new consolidated process replacing all current planning and application requirements of four formula programs with a single submission. Programs affected were the Community Development Block Grant (CDBG), HOME Investment Partnership Act (HOME), Emergency Shelter Grant (ESG), and Housing for Persons with Aids (HOPWA) programs. Because the City of National City is an entitlement jurisdiction for the CDBG and HOME programs, it is these two programs that were consolidated for the City of National City. The 1995-2000 Consolidated Plan also replaced what was formerly known as the Comprehensive Housing Affordability Strategy (CHAS). The Consolidated Plan, as was the CHAS, is a planning document that identifies National City's overall housing and community development needs, outlines a Page 1 of 2 five-year strategic plan to address those needs, and describes a one year annual plan for expenditure of all Federal HUD resources. For 1998-99, HUD required an updated 1998-99 CPAP or "Action Plan" explaining what activities the City will undertake during the next year to address priority needs in terms of local objectives that were identified in last year's strategic plan (five-year plan). In other words, HUD wants to know what activities of the five-year strategic plan will be accomplished in 1998-99. Pale 2 of 2 PROOF OF PUBLICATION (2015.5 C.C.P.) ;TATE OF CALIFORNIA, county of San Diego: am a citizen of the United States and resident of the County aforesaid; I am ,ver the age of eighteen years, and not I party to or interested in the above- ntitled matter. I am the principal clerk )f the printer of the STAR -NEWS, a lewspaper of general circulation, pub - shed ONCE WEEKLY in the city of Jational City and the South Bay Judicial District, County of San Diego, which newspaper has been adjudged a iewspaper of general circulation by the Superior Court of the County of San Diego, State of California, under the late of April 23, 1951, Case Number i 82529; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been -published in each regular and entire ssue of said newspaper and not in any supplement thereof an the following dates, to -wit: 4/4 all in the year 1998 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Chula Vista, California 91910 this 4 day of April , 19 98 Signature- i, �� I Th/� PRINCIPLE CLERK This space is for the County Clerk's filing stamp Proof of Publicaton of: NC 13181 PUBLIC HEARING NOTICE ""` PUBL1CHEARING NOTIC 199$- 9 z cj =CONSOLIDATEDPLAN FUNDING ALLOCATION :i FOR COW/tanCOW/Utan DEVELOP/Ear BLOCK GRANT et. BGJANDNHOOLIEtatESTIENFPART? . NPA, P17BT Te Cay e€ Naturat:Ofycnliota as >reyAcrtv14,.19BffatECG PIE and ordain tlna Pubic heetig tai..Tuesdyt Aod21 199H+ at= PMi¢.TheC Coon Chafnbers,.124314Latiota6CAp BaulevertPieloraL .CA- i v> erne putpcaa of. thspubTicttearng is in arriartieb6Emm.; -matt on the ex end>rae of F Ft 1998.9G CaetcGdafr Plan. funding as weft as ramme t on the *wives of the Area/ Nam APP ip' 52.000.tlOslsve9 baspani it CDBGad. HOME progtaQrGirai9-5,- , L-tsi+_`." itw.xa -•c '-'The Cor ed Plan Budget::re/act:O.ati raqu4s _ crthe t99&99CDBGatetHOIEBtidget 'i --tt199ea9.,_ s zr = - COISOLDATED !LAN BUDGGET . toBra:::=StZrx } s t AdmQin7aramaPlaning i- - 375.000 ttu66csetveces..s{ pmyy},, Commuary Pro - . - _ SI HOME - Adrnidspaoan.. , .. n o� - �.- subearrdaLELehadrnatmrt . �: �:.'_ :,,=��;:s5oaooa TOTAL FUNDSRECUESTEi s S0E614736 TOTAL Ft 4DSAVAtLABLEf: r :=. ,51.982000. SHORTFALL _ ..... $7,672736. Further fat. .don cent; above tosaated Platiacavi ties can he obtainect at the Cammunriy Deveioomenr Cam- m"ssion bffee. t4CE 120t Street; Sate ' S . National G`ty.1 CA91950a catGngBenMartet�at(6191 4 PeetDerr nets f ..U:O'4"-Y�i -.a�?Y ExeamveDaeaa% fi, _ , � -� y.r ___ - - � Attachment No. 1 City of National City, California COUNCIL AGENDA STATEMENT APRIL 14, 1998 MEETING DATE AGENDA ITEM NO TTA�MM TT E A RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY AUTHORIZING T E'"MAO TO SIGN A SUBLICENSING AGREEMENT WITH SAN DIEGO DATA PROCESSING CORP. FOR A DIGITAL BASE MAP PREPARED BY DINO SERAFINI DEPARTMENT ENGINEERING EXPLANATION. SEE ATTACHED EXPLANATION 2 Environmental Review X N/A flTFina a)g�atement The Sublicensing Agreement Fee of $16,262 will be funded rI.�ie - vemei?! Management System Project, Account Number•109-509-500- 598-6115 Account No S1AFF RECOMMENDATION Approve the Resoluti BOARD/COMMISSION RECOMMENDATION N/A ttolIALO- ATTACHMENTS (Listed Below) 1. Resolution 2. Sublicense Agreement CID 98-37 Resolution No A -WO (Re. °/E:' Explanation Sublicense Agreement for Digital Database April 14, 1998 On September 2, 1997 the City Council approved a Resolution (97- 114) supporting an application for a grant to provide the City with a Traffic Collision Recording System (TCRS) through the State Office of Traffic Safety. National City was awarded the grant in the amount of $104,000. We stated in the grant agreement that the City would provide a digital base map of the street network for use with the TCRS as part of our administrative support of the grant. The San Diego Geographic Information Source's (SanGIS, formerly RUIS) electronic database is available by sublicense agreement through San Diego Data Processing Corporation. This comprehensive database was developed by San Diego Gas and Electric Company and remains a proprietary resource of SDG&E. The base map features several layers including: Public and private street and alley centerlines, with street names, address ranges, width of traveled way, functional class; annotated lot and parcel boundaries, with APNs, owner names, site addresses, assessed property and improvement values. All map features are tied to a relational database that will be current upon delivery. The base map and associated data will form the basis of the City's Geographic Information System. The street centerline and traveled -way layers are essential to the Engineering Department's new Pavement Management System and will also be used for future resurfacing and street maintenance projects. For this reason, the Pavement Management System is identified as the source funding for the sublicense fee which is $16,262 for a perpetual agreement (one that does not include any updates by SanGIS). Other immediate uses for the base map/database are sewer, storm drain and other facility management applications, property owner notifications, and project area maps. RESOLUTION NO. 98 — 37 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN A SUBLICENSING AGREEMENT WITH SAN DIEGO DATA PROCESSING CORPORATION FOR A DIGITAL BASE MAP WHEREAS, on September 2, 1997 the City Council approved Resolution 97-114 supporting an application for a grant to provide the City with a Traffic Collision Recording System (TCRS) through the State Office of Traffic Safety; and WHEREAS, National City was awarded the grant in the amount of $104,000; and WHEREAS, it was stated in the grant agreement that the City would provide a digital base map of the street network for use with the TCRS as part of our administrative support of the grant; and WHEREAS, the San Diego Geographic Information Source's electronic database is available by sublicense agreement through San Diego Data Processing Corporation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to sign a sublicensing agreement with San Diego Data Processing Corporation for a Digital Base Map. Said agreement is on file in the office of the City Clerk. Signature Page to Follow Resolution No. 98 — 3 7 April 14, 1998 Page Two PASSED and ADOPTED this 14th day of April, 1998. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney By: udolf Hradecky Senior Assistant City Attorney George H. Waters, Mayor BASE MAP SUBLICENSING AGREEMENT This Base Map Sublicensing Agreement (this "Agreement") is made this day of , 1998, by and among the City of National City, ("Licensee"), and San Diego Data Processing Corporation, a California nonprofit public benefit corporation ("SDDPC"). RECITALS WHEREAS, SDDPC is the designated entity to accomplish the purposes of the Regional Urban Information System ("RUIS"), a project undertaken by the City and County of San Diego to provide information and data base services to the City and County, and to other municipal corporations or organizations and political subdivisions within San Diego County; and WHEREAS, SDDPC, on behalf of RUIS, has acquired a license in perpetuity to use, enhance, extend, revise, sublicense, and update a data base of certain digital representations of regional and municipal features of San Diego County ("Land Base") under the Data Base License and Acquisition Agreement and Addendum thereto dated March 26, 1990, between GeoVision (San Diego Gas & Electric Company's predecessor in interest) and SDDPC ("License Agreement"); and WHEREAS, making the Land Base available at reasonable cost to public utilities, businesses, academic institutions, nonprofit organizations, consultants and other private individuals will lessen the burdens of government by enhancing governmental decision -making and increasing coordination among such groups and local government entities, will improve the local business and economic climate, and will assist the City and County of San Diego and other members of RUIS in defraying the costs of development and maintenance of the Land Base; and WHEREAS, Licensee desires to sublicense a portion of the Land Base reflecting requested features of the City of National City. NOW, THEREFORE, in consideration of the mutual promises contained herein, SDDPC and Licensee agree as follows: Section 1. The Base Map. The portion of the Land Base which shall be sublicensed to Licensee shall consist of the City of National City and a 300 foot buffer around Lhe city including any and all enhancements, extensions, revisions, and updates made by SDDPC to such 1 portion of. the Land Base prior to the effective date of this Agreement (the "Base Map"). The elements, layers, and geographic scope of the Base Map are more fully described in Exhibit 1. Section 2. Sublicense. SDDPC hereby grants to Licensee a non- exclusive sublicense to use the Base Map for its internal purposes for the term of and subject to the limitations of this Agreement. Section 3. Term. The teLLi of the sublicense granted to Licensee shall be perpetual. The sublicense is subject to termination as set forth in Section 12 of this Agreement. Section 4. Delivery of the Base Map. SDDPC shall deliver the Base Map to Licensee no later than ten (10) working days after signing this Agreement. It is expressly acknowledged and agreed that SDDPC is not guaranteeing the accuracy or quality of any aspect of the Base Map data base including, but not limited to, the geographic and municipal features of any city or political subdivision of San Diego County. SDDPC's responsibilities under this Agreement shall be limited to correcting any defects or errors in the technical functionality of the Base Map on the Licensee's hardware which are identified prior to Licensee's acceptance of the Base Map. After acceptance, SDDPC shall have no responsibility for any defects or errors in the technical functionality of the Base Map. Section 5. Financial Obligations. Licensee shall remit payment of the following as a sublicense fee within net thirty (30) days of receipt of the data: Perpetual License Fee Total Fees Section 6. Intentionally Left Blank. $16,262.00 $16,262.00 Section 7. Taxes. Licensee shall, in addition to the payments required hereunder, pay or reimburse SDDPC for all sales, use, transfer or other similar taxes, whether federal, state or local, however designated, which are levied or imposed by reason of the transactions contemplated under this Agreement. 2 Section 8. Confidentiality and Limitations on Access. Licensee acknowledges and agrees that the Base Map is a trade secret and the proprietary information of SDDPC and San Diego Gas & Electric Company ("SDG&E"). Licensee may use the Base Map in the performance of its own internal operations only. Licensee shall secure and protect the Base Map and all documentation and copies thereof (both preliminary and final) in a manner consistent with the proprietary rights of SDDPC and SDG&E and shall take appropriate action by instruction or agreement with its agents, employees and contractors to satisfy its obligations hereunder. Prior to January 1, 2001, Licensee shall not sell, transfer, license, sublicense, disclose or allow access to the Base Map or any component, enhancement, revision, or update thereof to any third party, except as expressly provided in this Section. 8.1 Provided that the requirements of subsection 8.2 are satisfied, Licensee may disclose or allow access to the Base Map as follows: a. Licensee may distribute hard copy maps to its own employees, agents, consultants or members of the public. b. Licensee may distribute or allow access to Base Map data in digital form to contractors performing work for the Licensee provided that: (i) there is a written agreement between the contractor and Licensee which includes the confidentiality and nondisclosure provision set forth in Exhibit 2; and (ii) such distribution or access shall be limited to the portion of the Base Map data being studied by such contractor. 8.2 All access to and copies of the Base Map in hard copy or digital form shall bear the following legend: "Proprietary Information: Access to and use of this information is restricted by a sublicense agreement. No sale, transfer, license, or assignment of this information is permitted." Licensee may charge for access to or disclosure of the Base Map under subsection 8.1 to recover costs of data reproduction and distribution costs. 8.3 The provisions of this Section 8 shall remain in full force and effect after termination of this Agreement. Section 9. Delays in Performance. The parties hereto shall not be responsible for any failure or delay in the performance of any obligations hereunder caused by acts of Gcd, labor strike, flood, fire, war, or the public enemy. 3 Section 10. Disclaimer. EXCEPT AS PROVIDED HEREIN, SDDPC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SDDPC BE LIABLE FOR LOSS OF PROFITS, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE BREACH OF ANY PROVISION OF THIS AGREEMENT. SDDPC warrants that it has the right to grant this sublicense to Licensee free and clear of the claims of GeoVision, SDG&E and all others for royalties or similar types of payments. Section 11. Indemnification. Licensee will defend, indemnify, and hold harmless SDDPC, together with any and all of SDD?C's agents and employees, from and against any and all claims, losses, liabilities, damages and expenses (including reasonable attorneys' fees) of any kind whatsoever for injuries to or death of any person (including, but not limited to, employees of SDDPC) arising out of the Base Map, including any subsequent modifications, updates or enhancements to the Base Map, and whether or not the negli Bence of SDDPC caused or contributed to said injury or death. This paragraph shall survive the termination or expiration of this Agreement. With respect to any claim for which SDDPC has requested indemnification under this Section 11, Licensee will be entitled to assume the defense of any related litigation, arbitration or other proceedings, provided that SDDPC may, at its election and expense, participate in such defense, and provided further that, in the event of any difference of opinion or strategy with respect to the defense of such action or the assertion of counterclaims to be brought with respect thereto, Licensee's legal counsel will, after consultation with counsel for SDDPC, determine the actual strategy, defense, and/or counterclaim to be employed. At Licensee's reasonable rea-est, SDDPC will cooperate with Licensee in the preparation of any defense to any such claim, and Licensee will reimburse SDDPC as applicable, for any reasonable expenses incurred in connection with such recu.est. If Licensee does not elect to assume the defense of any such matter, Licensee shall have the right, at its sole expense, to employ separate counsel acceptable to SDDPC and to participate in such defense, provided that, in the event of any difference of opinion cr strategy with respect to the defense of such action or the assertion of counterclaims to be brought with respect thereto, counsel for SDDPC will, after consultation with Licensee's counsel, determine the actual strategy, defense and/or counterclaim to be employed. Section 12. Termination of Sublicense. Licensee shall have the right to terminate this Agreement upon thirty (30) days written notice to SDDPC. SDDPC shall have the right to terminate this Agreement if: (1) Licensee violates the Confidentiality and Limitations on Access 4 provisions of Section 8 of this Agreement; or, (2) Licensee commits or permits any other breach of this Agreement and fails to remedy such breach within thirty (30) days after written notice of such breach is given by SDDPC. Termination of this Agreement by SDDPC shall be in addition to any other remedies available to SDDPC in law or in equity. Section 13. Effect of Termination. Immediately upon termination of this Agreement, all rights under the sublicense granted to Licensee shall terminate and Licensee shall return to SDDPC, at Licensee's exuense, all copies of the Base Map, including any modifications, enhancements, extensions, revisions, updates and documentation of the Base Map, in its possession. Licensee's obligations under the Confidentiality and Limitations on Access provisions of Section 8 and the Indemnification provisions of Section 11 shall survive the termination of this Agreement. Section 14. Termination of License. In the event that SDDPC's rights under the Licensing Agreement are terminated, Licensee shall be considered the licensee of SDG&E and shall perform all obligations arising under this Agreement for the benefit of SDG&E. Section 15. Authority. 15.1 Authority of SDDPC. SDDPC is a nonprofit public benefit corporation duly organized, validly existing and in good standing under the laws of the state of California. SDDPC has corporate power to execute and deliver this Agreement and has taken all actions required by law, its articles of incorporation, bylaws or otherwise to authorize the execution, delivery and performance of this Agreement. This Agreement is a valid and binding agreement of SDDPC in accordance with. its terms. 15.2 Authority of Licensee. Licensee is a municipal corporation, duly organized, validly existing and in good standing under the laws of the State of California. Licensee has power and authority to execute and deliver this agreement and has taken all actions required to authorize such execution, delivery and performance of this Agreement. This Agreement is a valid and binding agreement of Licensee in accordance with its terms. Section 16. General Provisions. 16.1 Waiver, Amendment, or Modification. The waiver, amendment or modification of any provision of this Agreement, or any right, power or remedy hereunder, shall not be effective unless in writing and signed by the party against whom enforcement of such waiver, amendment or 5 modification is sought. No failure or delay by either party in exercising any right, power or remedy with respect to any of the provisions of this Agreement shall operate as a waiver thereof. 16.2 Notice. Any notice, request, demand or other communication required or permitted hereunder shall be in writing and, shall be deemed to have been duly given on the date of service when delivered personally or received via facsimile transmission, or on the third day after deposit in the United States mail, if mailed, to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, as follows: To SDDPC: SAN DIEGO DATA PROCESSING CORPORATION Civic Center Plaza 1200 Third Avenue, Suite 1400 San Diego, CA 92101 Attn: President and CEO Telephone: (619) 533-5921 Fax: (619) 533-5997 Copy to: FOLEY & LARDNER 402 West Broadway, 23rd Floor San Diego, CA 92101-3542 Attn: Larry L. Marshall Telephone: (619) 234-6655 Fax: (619) 234-3510 Licensee: City of National City 1243 National City Boulevard National City, CA 91950 Attn: Burton S. Myers Telephone: (619) 336-4386 Fax: (619) 336-4376 Any party may change its address or fax number for purposes of this subsection 16.2, by giving the other party written notice of the new address or fax number in the manner set forth above. 16.3 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 6 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 may be settled by non -binding arbitration in San Diego, California, conducted in accordance with the Commercial Arbitration Rules of the AAA then existing. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award which shall otherwise be non -binding and advisory only. 16.4 Entire Agreement. Each party acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and further agrees that this Agreement is the complete and exclusive statement of the understanding between the parties, which supersedes and merges all prior proposals, understandings, and other agreements, oral or written, between the parties related to the subject matter of this Agreement. 16.5 Assignment; Successors. All of the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties thereto and their successors, assigns and legal representatives. Neither party may assign or otherwise transfer this Agreement and the license granted hereunder or delegate any of its duties hereunder, in whole or in part, without the other party's prior written consent and any attempt to do so shall be void and of no effect. 16.6 Disclaimer of Partnership or Agency. SDDPC and Licensee are independent contractors and shall have no power, nor will either of the parties represent that either has any power, to bind the other party or to assume or to create any obligation or responsibility, express or implied, on behalf of the other party or in the other party's name. This Agreement shall not be construed as creating a partnership between SDDPC and Licensee or creating any other form of legal association which would impose liability upon one party for the act or failure to act of the other. 16.7 Governing Law. The validity, construction and performance of this Agreement and the legal relations among the parties to this Agreement shall be governed by and construed in accordance with the laws of the State of California. 7 16.8 Severability. In the event any provision of this Agreement shall be held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement shall remain in full force and effect. 16.9 Headings. Section headings are included solely for convenience, are not to be considered as part of this Agreement and are not intended to be full and accurate descriptions of the contents thereof. 16.10 Exhibits. All exhibits to which reference is made are deemed incorporated in this Agreement, whether or not actually attached. IN WITNESS WHEREOF, the parties have executed this Agreement effective on the date and year first written above. LICENSEE By: Its: Date: SAN DIEGO DATA PROCESSING CORPORATION, By: Ronald K. Wittenberg Senior Vice President and COO Date: APPROVED AS TO FORM: FOLEY & LARDNER ATTORNEYS AT LAW By: Larry L. Marshall General Counsel San Diego Data Processing Corporation Date: 8 EXHIBIT 1 Elements, Layers, and Geographic Scope of the Base Map RUIS BASE MAP FEATURES Arc/Info Coveraae Description Road Centerlines for highways, roads, private roads, and alleys. Attributes will be provided to the extent they exist in the RUIS database, including: Street name Street type Left and Right address ranges Width of traveled way Width of right of way Segment class Dedication status Design class Functional class Left jurisdiction Right jurisdiction Land Lot boundaries and annotation. Parcel Parcel boundaries and parcel label points. Attributes will be provided to the extent they exist in the RUIS database, including: Assessor's Parcel Number (APN) Owner Name Site Address Assessed property value Assessed improvements value Tax Rate Area Control Survey control monument points and attribute data. Data provided for the City of National City and a 300 foot buffer around the city (defined by attached map). 9 Zr ( EXHIBIT 2 Contractor's Confidentiality and Nondisclosure Agreement The following provision shall be included in a written agreement between City and its contractors whenever Base Map data is provided to a contractor in digital form: Pursuant to this Agreement, ("Licensee") has or will provide with certain data (the "Data") which has been obtained by pursuant to a sublicense agreement with San Diego Data Processing Corporation ("SDDPC"). The Data is the proprietary information of SDDPC and San Diego Gas & Electric Company. shall not use the Data for any purpose Agreement. disclose or other than the performance provide access to the Data, of its duties under this shall not sell, transfer, directly or indirectly, to third parties and shall take all necessary and appropriate measures to ensure that the Data is not used or disclosed by its employees or agents except as provided herein. Upon termination of 's duties under this Agreement, shall destroy or immediately return to City all copies of the Data. The provisions of this Section may be enforced by Licensee, SDDPC, or SDG&E. If , or an agent, or employee of breaches or violates any covenant, condition, or promise of this Section, or otherwise misappropriates the Data through wrongful use or disclosure, such parties shall be entitled to: (i) both preliminary and final injunctive relief without the need for a showing of actual or irreparable injury; (ii) all other remedies available at law or equity; and, (ii) attorneys' fees and all costs incurred in the enforcement of this Section. 10 City of National City, California COUNCIL AGENDA STATEMENT April 14, 1998 3 MEETING DATE AGENDA ITEM NO. ITEM TITLE RESOLUTION ACCEPTING THE WORK ANll AU1HURIZING 1'HE r ILJi Or"1HE NOTICE OF COMPLETION FOR THE REROOFING OF THE UPPER PORTION OF CAMACHO RECREATION CENTER, SPECIFICATION NO. 97-9 PREPARED BY Cameron Berkuti DEPARTMENT Engineering EXPLANATION. On June 17, 1997, by Resolution No. 97-9 the City Council awarded a contract to Lakeside Roofing, Inc. for the reroofing of the upper portion of Camacho Recreation Center in the amount of $54,646.00. On October 31, 1997 the project was inspected and it was found to be satisfactorily completed. Copies of the three (3) Contract Change Orders that were issued on this project are attached for your information. Change Orders No. 1 and 2 were already approved by the City Council. Change Order No. 3 was in the amount of $2,297.00 and it was issued to secure and remove and replace electrical wiring. Final Contract Balance is attached for your information. X Environmental Review N/A Financialf5tatement L e The original contract was awarded for $54,646.00 and ina contract cost was $80,661.00. Funds are ava'lable from the project account 301 09-500-598-1548, P.O. #32 Accoun TAFF RECOMMENDATION Adopt the Resoluti BOARD/COMMISSION RECOMMENDATION N/A 9 8-38 ATTACHMENTS (Listed Below) Resolution No 1. Resolution 2. Notice of Completion 3. Contract Change Orders and Final Balance. 97-9 A•1D0 (per. '/89' RESOLUTION NO. 98 — 3 s RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK AND AUTHORIZING 111.E FILING OF THE NOTICE OF COMPLETION, AND APPROVING CHANGE ORDER NO. 3 FOR THE REROOFING OF THE UPPER PORTION OF THE CAMACHO RECREATION CENTER ENGINEERING SPECIFICATION NO. 97-9 BE IT RESOLVED by the City Council of the City of National City, California, as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by LAKESIDE ROOFING, INC., Engineering Specification No. 97- 9, for the reroofing of the upper portion of the Camacho Recreation Center has been completed, the City Council of National City hereby accepts said work and authorizes the filing of a Notice of Completion and orders that payment for said work be made in accordance with said contract. BE IT FURTHER RESOLVED that Change Order No. 3 is hereby approved. PASSED and ADOPTED this 14th day of April, 1998. Al LEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney By: Rudolf Hradecky Senior Assistant City Attorney George H. Waters, Mayor RECORDING REQUESTED BY WHEN ILCDaDFD MAIL TO NAME TOILET ADDRESS CITT. IrATE A m (apace above this line for recorder's use) NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on April 14 , 19 98 , of the Reroofing the Upper Portion of louis Camacho Recreation Center Work of improvement or portion of work of improvement under construction or alteration. on the premises located at 1810 E. 22nd Street, National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Fee Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with Lakeside Roofing, Inc. Name of Original Contractor The following work and material were supplied: Labor, roofing material, electrical. General statement of kind of labor. services, equipment or materials The names and addresses of co -owners are: N/A Dated: , 19 Joint tentants, tenants in common, or other owners Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned. say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on . 19 , at . California. Signature: GEORGE H. WATERS. MAYOR CONTRACT CZ. Ci ,_57£BTFICATION NO. ' -" DATE: GRANGE ORDER NO. 1 (one) PROJECT NC. 1548 PROJECT: REROOF UPPER PORTION OF LOUIS C?'=C' 0 RE:RE-T:ON rc•.-- TO: (CONTRACTOR) LAKESIDE ROOFING. INC. You are hereby requested to comply with the following changes from the contract plans and specificrtions: ITEM NO. (1) DESCRIPTION OP CHANGES--QUANT?T'IES, UNITS, UNIT PRICES, CHANGE IN COMPLETION SCEEDULZ AND JUSTIFICATION. (2) - DECREASE LEI CONTRACT PRICE (3) INCREASE IN CONTRACT PRICE (4) 1. REPLACEMENT OF ROOF INSULATION CHANGE IN CON:TACT PRICE DUE TO TUTS CHANGE ORDER: TOTAL DECREASE TOTAL INCREASE BETWEEN COL. (3) and (4) NET (INCREASE) f ,,, .) CONTRACT PRICE $14,000.00 $ $ $1_.0CC.27DIFFERENCE f• „.A...t_y; #,.. $ )RIGINAL CONTRACT PPTCE: s .[. ,L.. :n CURRENT CONTRACT PRICE, AS ADJUSTED BY PREVIOUS CHANGE OPPIERS: $ TEE SUM. OF $ 14,000.00 IS HEREBY ADDS TO, :;j,?:L _ , T= TOTAL allUZi_ CONTRACT PRICE, AND TOTAL ADJUSTED CONTRACT PRICE TO DATE THEREBY ZS $ TEE TIME PROVIDED FOR COMPLETION IN TEE CONTRACT UNCHANGED, INCRZAS , DECREASED, BY 11 (WORi;ING/mammmmASZt1 DAYS. TE✓'.E'C?_, TEE REVISED CONTRACT TIME IS _ (WORKING/CALENDAR) DAYS, AND TE± REVISID DATE FOR THE CST_ ION OF ALL WORK UNDER i_ CONTRACT WILL BE November 3, 1o97 THIS DOCUMENT SHALL BECOME AN Alea u!m'IT TO THE CONTRACT AND ALL PROVISIONS OF TEE CONTRACT WILL APPLY HERETO. TEE CONTRACTOR ACCEPTS THIS CHANGE ORDER AS TULL CamESATION FOR ADDITIONAL WORK AND ANY DELAY TO TH.-s PROJECT CAUSED BY THIS CHANGE ORDER. THIS CHANGE ORDER WAS REQUESTED BY THE (CONTRACTOR/CITY) PREPARED BY: Cameron Ber!kuti ,2AR/C 'DATE Z, L 4/CESDE , Cc7 "& TEE UNDERSIGNED CONTRACTOR, HAVE GIVEN CAPz"LL CONSIDERATION TO THE CHANGES PROPOSED AND HEREBY AGREE, IF PETS PROPOSAL IS APPROVE:, THAT WE WILL PROVIDE ALL EQUIPMENT, FURNISH ALL MATERIALS, EXCEPT AS MAY OT'EERWISE BE NOTED ABOVE, AND PERFORM ALL SERVICES NECESSARY FOR TEE WORK ABOVE SPEC?TJ, AND WILL ACTERT AS PULL PAYIL=Ni THEREFORE THE .PRICE SHOWN ABOVE. Sic' PrT' 4PfrNT-s (g) I ACCEPTED BY: 7/ /g-/ 'CONTRACTOR'S SIGNATURE /2221 / .!.?/, NA. R. APPROVED ,(7)-Iri APPROVED BY: 7-2--77 1 2? CI-:-ENGIN= /- DATE RESOLUTION NC. CITY MANAGER DATE. DAT= LAKESIDE ROOFING, INC. 12214 Woodside Avenue • Lakeside. CA 92040 • (619) 443-2713 • FAX (619) 443.7034 September 26, 1997 City Of National City Attn: Cameron Berkuti 1243 National City Blvd. National City, CA 91950-4397 RE: Camacho Recreation Center - Completion Date Dear Cameron, The original contract notice to proceed was dated 9/3/97 and completion date of 10/17/97. On 9/3/97 Lakeside Roofing, Inc. started production roof loading. On 9/3/97 at 2:30 pm Lakeside Roofing was notified by John Cole of the City Of National City to stop work until further notification from the City Of National City. Reason stated was a decision had to be made pertaining to the roof insulation. On 9/19/97 Lakeside Roofing, Inc. received written notification dated 9/18/97 to install new insulation, and an increase of 5 working days was added to install this additional insulation. As a result of this shut down period of 11 working days, these delay days will be required to be added to our completion date. The revised date of completion shall be 11/10/97. Sincerely, 7/71/417-64/ Mark Padilla Asst. Manager C3M)%1EBCAL C. INCCSTRIAL RCCFiI`!C S. _CIAL:5TS STAT L:C. 5C99 —'co' 0T,c c ST_G4.-. ...._ SPECIFICATION NC. CONTRACT CHANGE ORDER 97—. DATE: _= _..- CHANGE ORDER NO. PROJECT: '- (T of PROJECT NC. RE SOF ;,porn ?ORT'-^'1 OF i017s ',,HACHr TO: (CONTRACTOR) Lakeside Roo[ine. Inc. You are hereby requested to comply with the following changes fro the contract plans and specificrtions: ITL?! NO. (1) DESCRIPTION OF CHANGES --QUANTITIES, UNITS, UNIT PRICES, CHANGE IN COMPLETION SCEEDUIZ AND JUSTIFICATION. (2) - DECREASE IN CONTRACT PRICE (3) INCREASE IN CONTRACT PRICE (4) 1. remove all mechanical and lighting related -lectrical conduits and wires that are locat-d _thin the rigid insulation material and replace them with new conduits and wires -hove the new roofing material. CHANGE IN CONTRACT PRICE DUE TO THIS CHANGE ORDER: TOTAL DECREASE TOTAL INCREASE DI.. _.—NCR BIThEZN COL. (3) and (4) NET (INCPEASE) (DECREASE) CONTRACT PRICE S9,718.00 $ r ;c _ ^C XX i_ 1 .oc- C $ Sc - _ -,.. IGINAL. CONTRACT PRICE: ; c�o.00 CUR=L'vT CONTRACT PRICE, AS ADJUSTED BY PREVIOUS CHANGE ORDERS: $ =- --_• TEE SUM OF $ 9.7=5.00 IS HEREBY ADDED TO, DEDUCE--FROi!, TEE TOTAL CL::=N: CONTRACT PRICE, ANT TOTAL ADJUSTED CONTRACT PRICE TC DATE TEE_IS $ _.3c=. TEE TIME PROVIDED FOR COMPLETION IN TEE CONTRACT UNCHANGED, INCRREAST, DE- A. BY 10 NORKINGitalil2NTWIRO DAYS. THEREFORE, TEE REVISED CONTRACT TIME IS 31 (WORKING/GAL4 :AR) DAYS, AND TEE REVISED DATE FOR TEE COMPLETION 07 ALL WORK UNOZR TEE CONTRACT WILL BE November 18. 1997 THIS DOCTRSE*T SHALL BECOME AN AlriDMENT TO TEE CONTRACT AND ALL PROVISIONS OF TEE CONTRACT WILL APPLY HE ETO. TEE CONTRACTOR ACCEPTS THIS CHANGE ORDER AS FULL C MPESATICN FOR ADDITIONAL WORK AND ANY DELAY TO TEE PROJECT CAUSED BY THIS CHANGE ORDER. THIS CHANGE ORDER WAS REQUESTED BY TEE (CONTRACTOR/CITY) PREPARED BY: Cameron Berkuti1_11_/97 %/ 'DATE I , /724 / 6 /)a. f , `l/� TEE W ERSI G Tim CONTRACTOR , HAl? GDATE CAREER?. CONSIDERATION TO TEE CHANGES PROPOSED AND EMEBY AGREE, IF THIS PRCPOSAL IS APPROVED, THAT WE WILL PROVIDE ALL EQUIPMENT, FURNISH ALL MATERIALS, EXCEPT AS MAY OTC'*ISE BE NOTED ABOVE, AND PERFORM ALL SERVICES NECESSARY FOR TEE WORK ABOVE SPECIPTED, AND UTIL ACCEPT AS FULL PAYMENT TE:7=0LE THE PRII SHOWN ABOVE. ACCEPTI BY : ' CON TLACTOR',� SIGNATURE /-/j /%7.al.e/ „/,// APPROV BY: apt I� / I i L APPROVE: EY: C:.I ENGThE . RE30L_7:oN NC. /,2//7/97 LA-.1 / /41 /21/27-272 DATE C.TY MANAGE. DATE LAKESIDE ROOFING, INC. 12214 wzdzIce Ar�7ur • Ukes:de. CA 92C40 • (619) 443-2713 • FAX 1619) .343-7034 October 3, 1997 City Of National City Attn: Terry McAvoy 2100 Hoover Avenue National City, CA 9195i)-6599 PROJECT: Cataacho Recreation Center RE: Electrical Conduits On Roof CHANGE ORDER REQUEST Disconnect power to existing tights, fans, and 3toreboard. Remove and hart away existing conduits from roof top. ' InstalI 2.3 1t2" conduit stub -ups, 12" up for above roof connections. ' Install new lead conduit fleshings set in Garal Bond mastic and hot mopped water tight. After completion of finished roof, install new 1/2" conduits and wiring to lights, fams, and scoreboard. " Reconnect power and test. Sus T: Nine Thousand Seven Hundred & Eighteen Dollars (S9,713.00) BREAKDOWN: Comet Electric S4,690.00 Lakeside Roofing S3,084.00 25% Mark Up 51,944,00 Total S9,718.00 Rcoettfally Submitted. Mark Padilla Asst. Manager Cam? E..YGi�L & :Nr,CSTZAL RCCFTIG STATE c LC C/ uj Z AC..z :'?" ?- : / /i E I, CN : �"�L =:: si 1^c k 6Z 8 L86 L-S2-0 Sr::CIFICATION NC. CONTRACT CHANGE ORDER 97-9 DATE: 2/ 1 CHANGE ORDER NO. PROJECT: 3 .Three.'' PROJECT NO. REROOF UPPER PORTION OF LOUIS CANACHO RECREATION CENTER TO: (CONTRACTOR) Lakeside Roofing, Inc. You are hereby requested to comply with the follaving changes from the contract plans specifications: and ITEM NO. (1) DESCRIPTION OF CHANGES --QUANTITIES, UNITS, UNIT PRICES, CHANGE IN COMPLETION SCHEDULE AND JUSTIFICATION. (2) - DECREASE IN CONTRACT PRICE (3) INCREASE IN CONTRACT PRICE (4) 1. 2. To secure the wiring for 20 light junction boxes. Two backboard moters - remove_and replace conduits and wires. CHANGE IN CONTRACT PRICE DUE TO MIS ORANGE ORDER: TOTAL DECREASE TOTAL INCREASE DIFFERENCE BETWEEN COL. (3) and (4) NET (INCREASE) pDECR71Ri.7 CONTRACT PRICE 31,32f.:0 $ 972.:C $ $ 2.29-. 0 c- arc; $ $ . _- .nr, $ $ _ _9770 ORIGINAL CON TACT PRICE: $="•o"o•vv CURRENT CONTRACT PRICE, AS ADJUSTED BY PP_dIOUS CHANGE ORDERS: $ .Od6.00 TEE SLY OF $ 2.297.00 IS HEREBY ADDED TO, DEDUb4 h FRUIN THE TOTAL CUT CONTRACT PRICE, AND TOTAL ADJUSTED CONTRACT PRICE TO DATE THEREBY IS $ TEE TIME PROVIDED FOR COMPLETION IN TEE CONTRACT Tn� ANIC'EDc INCREASE:, -DBE__+, BY 2 (WORKING/CX.ENDAR) DAYS. T=7D.E-.FORE, THE REVISED CONTRACT TIME IS -S (WORKING/CALENDAR) DAYS, AND TEE REVISE DATE FOR TEE COMPLETION OF ALL WORK UNDER TEE CONTRACT WILL BE November 20. 1997 THIS DOCU1TIT SHALL BECOME AN AMENDMENT TO TEE CONTRACT AND ALL PROVISIONS OF TEE CONTRACT WILL APPLY EE' TO. TEE CONTRACTOR ACCEPTS THIS CHANGE ORDER AS FULL Car-DESATION FOR ADDITIONAL WORK AND ANY DELAY TO THE PROJECT CAUSED. BY THIS CHANGE ORDER. THIS CHANGE ORDER WAS REQUESTED BY TEE (CONTRACTOR/CITY) PREPARED BY: Cameron Berkuti 17/15197 "DATE I, / /Gc _ 4/4 TEE UNDERSIGNED CONTRACTOR, HAVE GIVEN CAREFUL CONSIDERATION TO THE CHANGES PROPOSED AND HEREBY AGREE, IF THIS PROPOSAL IS APPROVED, TEAT WE WILL PROVIDE ALL EQUIPMENT, FURNISH ALL MATERIALS, EXCEPT AS MAY OTEFINISE BE NOTED ABOVE, AND PERFORM ALL SERVICES NECESSARY FOR THE WORK ABOVE SPECT.71ED, AND WILL ACCEPT AS FULL PAYMENT THEREFORE THE PRICE SHOW: ABOVE. ACCEPTED BY: APPROVED BY: APPROVED BY: RESOLUTION NC 72- /7- 97 CONTRACTOR'S $.IGNATURi DA-= /724:77 , . '/ � (7 7/6 t. __CLTY ENGINET 1 CITY MANAGE?. DATE DA -E LAKESIDE ROOF+NC, INC. No. 12214 We dstcfe Auenuc • (akesz.e. CA 92C=.0 • (6 i 9 } 4.' 3.2713 • FAX (6 (97 443 7034 October 9, 1997 9. City Of National City Attn: Terry Mc Avoy 2100 Hoover Avenue National City, CA 91950-6599 PROJECT: Camacho Recreation RE: Electrical Junction Boxes CHANGE ORDER REQUEST #3 Upon inspection of each electric junction box for in door ceiling light it was discovered by Comet Electric the wiring for each of the (20) lights were not attached securely, and would result in possible failure of connection to power on these lights after nesv roofing has been installed. The need to correctly attach new wire is necessary at this tirne and recommended by Cornet Electric_ It will be necessary to rent a high reach man lift to perform this work at the 20 separate locations, because the ceiling light in the gymnasium is over 35' high. The additional cost to perform this work is S1,325_00. No additional work will be required to perform this work - The above price is not be added to change order 42 for electrical conduits making the total for electrical work S11,068.00 Sincerely, Mark Padilla Asst. Manager CG/a.MEIRCIAL INCUST.'iAL =:CCFNG SFEC1,L'STS STAr :C. fc; 40 ( •:CL cfNi.L°. t.:va a .a --_ =c =CcS r Cr= LAKESIDE ROOFING, INC. 12214 Woodside Avenue • Lakeside. CA 92040 • (619) 4412713 • FAX (619) 443.7034 October 17, 1997 City Of National City Attn: Terry McAvoy 2100 Hoover Avenue National City, CA 91950-6599 CAMACHO RECREATION CENTER CHANGE ORDER 3A Additional findings and work performed: * 20 light junction boxes are loose and wire inside is pulling out. * Remove covers from below utilizing a portable man lift. * InstalI new wires into box. reattach securely. PRICE: One Thousand Three Hundred & twenty Eight Dollars (S1,323.00) Respectfully Submitted, Mark Padilla Asst. Manager Accepted By Date CCtit^IERCIAL I1"'CCSTRIAL RCCF1NC SrEC!ALISTS _1C. 509940 11V VLi 1L! Y. • ✓ v CONTRACT.GR'S S2GN rtiRS IA City of National City, CA. REROOFING UPPER PORTION OF LOUIS CAMACHO RECREATION CENTER Spec No: 97-9 LAKESIDE ROOFING, INC. Final Balance 12/22197 DATE: '12/22/1997 PROJECT: ENGINEERING CONTRACTOR: FINAL INSPECTION Item No: Reroofing SPECIFICATIONS Lakeside Bid Qty_ Upper Portion Roofing DATE: 10/7/1997 Unit LS SF LS LS LS NA1 c,M.. V' of Louis Camacho Recreation NO. 97-9 CONTRACT Center FINAL BALANCE Cost -To -date Inc. Total Cost $ 54,646.00 $0.00 0.00 0.00 Qty-To-date Unit Price Item Description +I- Qty +/- Cost Base Bid: 1 Additive 1 Contract 1 2 3 C LS Bid: 1000 Change Orders: LS LS LS vi ov WP N� 1 $ 54,646.00 $0.00 0.00 0.00 0.00 $54,646.00 $54,646.00 $0.00 $54,646.00 $14,000.00 $9,718.00 $2,297.00 $80,661.00 Reroof Upper Portion of Louis Camacho Recreation $0.00 $0.00 Deck Repair and Replacement P Replacement of Roof Insulation $0.00 $0.00 LS $14,000.00 $14,000.00 $9,718.00 Replacement of Mechanical and Electrical Conduits and wires Wiring for Light Junction Boxes and Motors LS $9,718.00 0.00 $54,646.00 LS $2,297.00 $2,297.00 Total $00,661.00 $26,015.00 Page 1 City of National City, CA. REROOFING UPPER PORTION OF LOUIS CAMACHO RECREATION CENTER Spec No: 97-9 LAKESIDE ROOFING, INC. Final Balance 12/22/97 DATE: 12/22/1997 PROJECT: Reroofing Upper Portion of Louis Camacho Recreation Center ENGINEERING SPECIFICATIONS NO. 97-9 CONTRACTOR: Lakeside Roofing Inc. FINAL INSPECTION DATE: 10/7/1997 CONTRACT FINAL BALANCE The sum of $26,015 00 is hereby added to the total contract price, and the total adjusted contract price to dale i thereby is $80,661.00 the total time provided for completion in the contract is increased by 23 Working Days. Therefore, the revised contract time is 53 Working Days. This document shall become an amendment to the contract and all provisions of the contract will apply thereto. [he Contractor accepts this Final Balance as full compensation for additional work and any delay to the project caused by all of the Change Orders. Prepared by: Cameron Berkuti, Assistant ity Engineer Date: December 22, 1997 Accepted by: �' Date: Contractor's Signature .4 W Approved by: Resolution No. City Engineer Page 2 City of National City, California COUNCIL AGENDA STATEMENT 4 MEETING DATE April 14, 1998 AGENDA ITEM NO ITEM TITLE WARRANT REGISTER #39 PREPARED BY Tess E. Limfueco DEPARTMENT Finance EXPLANATION. Ratification of Warrant Register #39 per Government Section Code 37208. Environmental Review N/A Financial Statement N/A Account No. TAFF RECOMMENDATION I recommend ratification o ese rants for a total of $499,192.78 BOARD/COMMISSION RECOMMD TION7 , 1 ATTACHMENTS (Listed Below) Resolution No 1. Warrant Register #39 2. Worker's Comp Warrant Register dated 04/07/98 A,200 OAev. 9/B01 City of National City Department of Finance 1243 National City Blvd., National City, CA 91950-4397 (619) 336-4267 TO: THE MAYOR AND CITY COUNCILMEMBERS FROM: MARIA L. MATIENZO, FINANCE DIRECTOR SUBJECT: RATIFICATION OF WARRANTS AND/OR PAYROLL REGISTER NO. 39 GENERAL FUND TECHNOLOGY FUND LIBRARY FUND PARKS MAINTENANCE FUN GRANT -CA LITERACY CAM RETIREMENT FUND P.O.S.T. FUND LOWER SWEETWATER FUND SEWER SERVICE FUND TINY TOT CLASSES FUND GRANT -JUDGE PROGRAM STATE PUBLIC LIBRARY GENERAL FLAN UPDATE R GRANT -NC SUPPR. OF DR REGISTER TOTALS PAYROLL TOTAL 98,137.02 31,693.52 1,492.75 2,054.54 173.30 4,034.49 3,393.96 282.02 37,052.11 246.64 424.77 7.99 169.71 352.35 LIBRARY SCHOOL DISTRI COPS GRANT PART II LIBRARY COMPUTER CENT GRANT-C.D.B.G. CDC PAYMENTS STP LOCAL/TRANSNET HI GRANT-CMAQ TDA FACILITIES MAINT FUND LIABILITY INS. FUND GENERAL SERVICES FUND INFORMATION SERVICES MOTOR VEHICLE SVC FUN TRUST & AGENCY 5.13 1,364.53 212.43 1,662.82 660.46 221,670.04 1,679.07 54,665.34 3,725.65 4,350.10 3,729.43 2,542.16 13,121.81 1,309.78 490,213.92 0.00 490,213.92 I HEREBY CERTIFY THAT THE DEMANDS AS LISTED ABOVE AND COVERED BY: WARRANT NUMBERS 148398 THROUGH 148516 INCLUSIVE EXCEPTING NONE/ 103963 THROUGH 104006 INCLUSIVE ARE CORRECT AND JUST TO THE BEST OF MY KNOWLEDGE AND CONFORM TO THE BUDGET FOR THE CURRENT FISCAL YEAR AND THAT MONEY IS AVAILABLE IN THE PROPER FUNDS TO PAY SAID DEMANDS. MARIA L. MATIENZO, FINAIjE DIRECTOR Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 14, 1998 5 AGENDA ITEM NO % ITEM TITLE PREPARED BY EXPLANATION. CLAIM FOR DAMAGES: Ruben Reta Michael R. Dalla DEPARTMENT City Clerk The claim of Ruben Reta arises from an occurrence on March 28, 1998, and was filed with the City Clerk's Office on March 30, 1998. Environmental Review XX N/A Financial Statement N/A Account No TAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD/COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) Resolution No N/A A-200 (Re.. >/801 City of National City, California COUNCIL AGENDA STATEMENT April 14, 1998 6 MEETING DATE AGENDA ITEM NO ITEM TITLE PREPARED BY EXPLANATION. CLAIM FOR DAMAGES: Mr. & Mrs. Delfino C. Blanco, Armando & Maricela Blanco Michael R. Dalla DEPARTMENT City Clerk The claim of Mr. and Mrs. Delfino C. Blanco, Armando & Maricela Blanco arises from an occurrence on December 7, 1997, and was filed with the City Clerk's Office on March 9, 1998. Environmental Review XX NJA Financial Statement N/A Account No STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD/COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) Resolution No. N/A A-200 (Rev. 9/801 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 14, 1998 7 AGENDA ITEM NO ITEM TITLE FISCAL YEAR 1998/1999 HIDTA GRANT PREPARED BY � — DEPARTMENT raig ort Skip DiCerchio EXPLANATION_ Police Captain Chief of Police Pursuant to an M.O.U. with the San Diego Police Department, National City Police Department will hire and provide one police officer to the California Border Alliance Group (C-BAG). That officer's salary, benefits, overtime, materials and equipment will be fully paid by grant funds from the High Intensity Drug Trafficking Area (HIDTA) Program. A vehicle will be provided by HIDTA. All direct costs associated with fuel and maintenance for that vehicle will be reimbursed to the City by HIDTA. C-BAG is a multi jurisdictional task force of eighty law enforcement personnel which investigates narcotics smuggling, transportation and distribution operations along the California -Mexico border. The task force is based in San Ysidro. Participation in C-BAG will allow NCPD access to the substantial drug interdiction resources that task force represents, so as to better attack dnrg trafficking moving through National City from Mexico and increase the police department's assets. (Based on the history of other local agencies' participation, federal asset forfeiture monies of approximately $50,000 annually can be expected.) Environmental Review Financial Statement No negative effect. N/A Account No STAFF RECOMMENDATION Accept Police Department participation in C-BAG and approval of M.O.U. between NCPD and SDPD. City Attorney has reviewed all relevant documents and found them to be acceptable. BOARD/COMMISSION RECOMMENDATION 98-39 ATTACHMENTS (Listed Below) Resolution No 1. M.O.U. between National City Police Department and San Diego Police Department with attachments. 2. Resolution A•iCO (Rev. 9/3C , RESOLUTION NO. 98 — 39 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER AND CHIEF OF POLICE TO EXECUTE A MEMORANDUM OF UNDERSTANDING FOR PARTICIPATION IN 1'HE FISCAL YEAR 1998/1999 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) PROGRAM BE IT RESOLVED by the City Council of the City of National City, California, that the City Manager and Chief of Police are hereby authorized to execute a Memorandum of Understanding with the San Diego Police Department to participate in the Fiscal Year 1998/1999 High Intensity Drug Trafficking Area (HIDTA) Program. A copy of said Memorandum of Understanding is on file in the office of the City Clerk. PASSED and ADOYI'ED this 14th day of April, 1998. Al 1EST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney By: .udolf Hradecky Senior Assistant City Attorney George H. Waters, Mayor :FFICE OF ERRY SANDERS :I-UEF OF PCUCE TFHE CITY OF SAN llIr:GO POLICE DE?ARTMG T • 1401 BRO`tDWAY SANDIECO. C.AUFGRIVIA 9210! - 5729 • TELEPHONE (619) 551-2000 Memorandum of Understanding (Page 1 of 2) IN .9E?_YTNG ?l.asa o ve cup =EF NC. The Office of Drug Control Policy (ONDCP) has awarded a HIDTA Grant, Appendix A, to the San Diego Police Deparent (SDPD) in behalf of all State and Local Law Enforcement Agencies participating in the California Border Alliance Group (CBAG). These funds shall be used as designated in each agency's CRAG recommended and ONDCP approved budget for that Initiative, Appendix B. Scope of Service The services carried out under this memorandum of ag<eeinent shall be consistent with those contained in the Initiative Proposal and Budget as approved for funding by ONDCP. Changes shall not be made in the subject or the proposed objectives and products of Initiative activities without prior written approval from the CRAG Executive Committee and the Southwest Border HIDTA Director. Reprogramming of Funds Reprogramming or funds requires different levels of approval based on the amount to be reprogrammed and whether the reprogramming is intra agency or intra initiative. In all cases the recipient agency is responsible for maintaining detailed records of the reprogamrning activities and forwarriing a request for authorization to the CBAG Executive Committee. Reporting Requirements A final report of initiative expenditures shall be submitted to CBAG within thirty (30) days after the close of the approved period of the HIDTA Grant. Interim financial reports shall be submitted to CBAG by April 30th for the period ending March 31st. It is understood that these reports are required by ONDCP. The financial report shall contain expenditures / costs by cost categories of the approved initiative budget and the comparison of actual expenditures / costs against budget estimates. Failure to submit reports on a timely basis may result in the interruption or termination of the initiative funding for that agency. Detailed information on the financial reporting requirements are found in ONDCP's Program Guidance, Appendix C. Memorandum of Understanding (Page 2 of 2) Financial Management Standards (Refer to Appendix A) Record Retention (Refer to Appendix A) Equipment / Vehicles (Refer to Appendix A) Procurement Standards (Refer to Appendix A) Supplanting (Refer to Appendix A) Invoicing Each agency shall invoice once per month for expenditures incurred. Invoices shall report each initiative separately and contain the expenditures by category with the agency maintaining the documentation. Equipment should be identified by item and cost. A CBAG inventory bar code tag will be issued for each item. Each agency shall maintain the item in their inventory and place the CBAG tag on each item. This will assist us in meeting ONDCP's requirement for a Partnership Equipment Book. Acceptance Acceptance of this MOA by participating agencies is acceptance of all standards and conditions of the }TA Grant included as Appendix A. Participating Agency: Fiscal Agent: National City Police Deparment San Diego Police Department Skip DiCerchio Chief of Police National City Police Depaarnnent Date Jerry Sanders Chief of Police San Diego Police Department Date EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF NATIO`iAL DRUG CONTROL POLICY Iflashington, D.C. 20303 January 15, 1993 Jerry Sanders San Diego. Police Dept. 1401 Broadway San Diego, California 92101 Dear Mr. Sanders, FILE COPY tx9s We are pleased to inform you that an Award has been approved in the amount of S5,433,075.00. This award to the San Diego Police Dept. will support the Southwest Border California State & Local Initiatives in the Southwest Border - California HIDTA. The original and one copy of the Award with Special Conditions are enclosed. If you accept this award, sign both the Award and Special Conditions and return a copy to The Assistance Center in Miami. Keep the original copy of the Cooperative Agreement Award and Special Conditions for your file. By accepting this award, you assume cer-a;n administrative and financial responsibilities including the ~ ely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash -on -hand. Should your organization not adhere to the terms and conditions of this award, it is subject to termination for cause or other administrative action as appropriate. If you have any questions pertaining to this grant award, please feel free to contact Joy Willett on 202-395-6739. Sincerely, oto HIDTA Director Office ofNational Drag Control Policy Enclosures 3 FILE COPY Executive Office of the President Office of National Drug Control Policy AWARD Cooperative Agreement Page I of 6 I. Recipient Name and Address San Diego Police Dept. 1401 Broadway San Diego, California 92101 4. Award Number 13PSCP575 5. Project Period: From 1/1/98 To 12/31/98 Budget Period: From 1/1/98 To 12/31/98 1A. Recipient IRS/Vendor No. 6. Date: 1/15/98 7. Action 2. Subrecipient Name and Address 8. Supplement Number re Iaidal ii SuppLem e.^.taii 2a. Subrecipient IRE/Vendor No. 9. Pervious Award Amount S5,483,075.00 3. Project Title Southwest Border California State & Local 10. Amount of This Award S :nitiarives 11. Total Award S5,488,075.00 L. apeciat Loncanons L:iecs, it appucacie/ subject to such conditions or limitations as are set X The above Cooperative Agreement is approved forth on the attached 5 page(s). 13. Statutory Authority for Grant: Public Law 105-61 MINEMENIN A:1'KLiVAL ALL:r.YIAINL=, 14. typea Name ana line or Approving UtV1JL.e Official Rich Yamamoto HIDTA Director t o. t ypec Name ana tine or .Autnoriz__ Kecpte.^.t Official Jerry Sanders San Diego Police Dept. 16. Signature of Approving O DCP Official 17. Signature of Authorized Recipient Agency Use Only 17A. Date 18. Accounting CIassification Code 19. 1~DTA AWARD Office of National Drug Control Policy Attachment to Award R Page 1or'b Award Recipient: San Diego Police Dept. I8PSCP575 } DTA: Southwest Border - California Initiative: Project Contact: Award Amount: Southwest Border California State & Local Kon Yapama S5,488,075.00 Award Period: 1/1/98 - 12/31/98 ONDCP Contact: All financial reports, requests for payment, audit reports, and other materials and inquiries should be submitted to: The Assistance Center 8401 Northwest 53rd Terrace Suite 200 Miami, Florida 33166. (305) 716-3270 A. Conditions 1. The award is based on the detail budget attached to the application submitted for this initiative. This is your approved budget for the initiative and any deviation must comply with the reprograrnming requirements as set forth in the ONDCP Guidelines. B. General Provisions 1. This award is subject to: a the Uniform A4im istrative Requirements for Grants and Cooperative Agreements to State and Local Governments, also known as the "Common Rule", b. the Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters; Drug -Free Workplace Requirements; Federal Debt Status, and Nondiscrimination Statutes And Implementing Regulations. s Office of National Drug Control Policy Attachment to Award 4 I8PSCP575 'age J of • c. the audit requirements of OMB Circular A-133, d. the cost principles contained in OMB Circular A-87, and e. the administrative guidelines contained in ONCDP's Financial and Administrative Guidelines. 2. Payment Basis OMB Standard Form. 270 - Request for Advance or Reimbursement" shall be used to request payment. Copies of invoices, payroll registers, and canceled checks must accompany the SF 270 to provide documentation for the tieimbursement request. Request for advances will be accompanied by detail specifying the obligation. Documentation of how the advance was spent must be submitted before another advance or reimbursement can be requested. Funding for this award is authorized to be paid on a monthly basis. Payments will be made via Elec^_or_ic Fund Transfer to the award recipient's bank account. Recipients are therefore requested to provide the following information in Block 10 of the SF 270: bank name, bank address, bank telephone number, point of contact at the bank, American Bankers Association (ABA) number, and account n _tuber. This will provide the banking information needed to make payments to the proper bark account. The bank must be FDIC insured. It is desirable that the bank be a member of the Federal Reserve System. The account must be interest bearing.. (All payments ;eater than S25,000 .._mot be n ade by EFT. Recipients must request a waiver from this provision for payments less than S25,000). 3. Reporting Requirements Financial Status Reports (OMB Standard Form 269) will be re :wired quarterly during the award period, and at the end of the award. Performance repors will be required as specified in. the Program Guida,ce. A schedule of the financial reports due dates follows. Copies of this schedule should be forwarded to the officials(s) responsible for the reports' submission. Report Period to be Covered Due Date Interim Reports: 1/1/98- 3/31/98 4/30/98 4/1/98- 6/30/98 7/31/98 7/1198-9/30/98 10/31/98 Final Reports: 1/1/98-12/31/98 1/31/99 Note that the final financial reports should be cumulative for the entire award period. Performance Reports: Due as specified in the Program Guidance. Office of National Drug Control Policy Attachment to Award Special Conditions HIDTA Cooperative Agreements IBPSCP575 Page 4of6 Tne following special conditions are incorporated into each award document. 1. In order to provide for compatibility, integration, coordination, and cost effectiveness in the use, procurement, and operation of ADP systems, equipment, and software, recipients are encouraged and authorized to enter into joint purchase or service agreements on. a reimbursable or nonreimbursable bases with other HIDTA award recipients. Award recipients are authorized and encouraged to enter into joint purchases or service agreements with other HIDTA award recipients. 2. No federal funds shall be used to supplant state or local funds that would otherwise be made available for project purposes. 3. The operating principles found in 28 CFR Part 23, which pertain to information collection and management or criminal intelligence systems, shall apply to any such systems supported by this award. 4. Prior to expenditure of confidential funds, the award recipient or subrecipient shall sib. a certification indicating that he or she has read, understands, and azrees to abide by all of the conditions pertaining to confidential fund expenditures as set forth in Attachment B to the ONDCP Financial and Administrative Guide for Cooperative Agreements. This certification should be submitted to the Assistance Center. 5. The award recipient agrees to account for and use program income, including but not limited to asset forfeitures, in accordance with the "Common Rule" and the ONDCP Financial and Administrative Guide for Cooperative A; eements. Moreover, the use of program income must be consistent with the National Drag Control Strategy. 6. Where furniture has been approved in the budget, the recipient will make every effort to urili7ed existing State land local surplus property prior to the purchase of any furniture, including computer furniture or items of similar nature. 7. The award recipient may not use designated aircraft assigned to IafDTA-approved task operations and initiatives far the transport of VIP Executives) or similar circumstances not relating to the goals and objectives of state and local law enforcement programs. 8. The budget submitted with the proposal is approved. Funds up to 10% of the total award, may be reprogrammed between budget categories without prior approval provided that the reprozramming is within the same agency and the same initiative. This 10% is applied to a singular reprogramming or the aggregate of reprogramming per funding year. Office of National Drug Control Policy Attachment to Award T ISPSCP3 3 Page: ot 6 Any reprogramming of funds in excess of 10% of the award, or when aggregate reprogramming will exceed 10% of award, requires the written approval of your F= DTA director. The reprogramming must be within the same agency and the same initiative. Reprogramming of funds between agencies or initiatives require the written approval of the ONDCP HIDTA Office, regardless of the dollar value of the reprogramming. In all cases the recipient is responsible for maintaining detailed records of the reprogramming activities and forwarding notification to your I--DTA Director regarding reprogramming activities as they occur. 9. The recipient agrees to comply with the orpni7,tional audit requirements of OMB Circular A-133, "Audits of State and Local Governments.' The management letter must be submitted with the audit report. Audits must be submitted no later than thirteen (13) months after the close of the recipient organization's audited fiscal year. The submission of the audit report shall be as follows: An -original and one copy shall be sent to the cognizant Federal A_ency. Also, a copy of the audit report shall be sent to The Assistance Center, 8401 Northwest 53:d Terrace, Suite 200, Miami, Florida 33166. 10. The recipient agrees to submit operation reports as defined in the Cu-rent Year Program_ Guidance. 11. Equipment acquired under the grant progrrar'i must be used by the recipient in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. W Len no longer ;,-,r the original program, the equipment may be used in other activities supported by the Federal agency, The recipient may dispose of the original equipment when no longer needed or supported by the grantor agency. Inventory lists must be supplied to the HIDTA Director to facilitate the sharing of equipment within and between the HIDTA's. Items to be inventoried include Communications, Computer & tRelated Equipment, Surveillance Equipment, Photo, Vehicles, Video, and Weapons. 12. The recipient will be permitted to designate funds that would be matched or shared, however, these matched or shared funds will not constitute an obligation on behaLf of the recipient Office of National Drug Control Policy • Attachment to Award . I3PSCP575 - ate 6 at 6 13. Budget item submissions for equipment and ocher contract items are accepted as best estimate only and are riot deemed approved at that price. Recipients are required co assure such items are not currently available. are not duplicative or excessive. and should make market surveys and obtain the best prices available. 14. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 23 CFR section 42.302), that is approved by the Office of Civil Rights, is a violation of its Certified Assurances and may result in the suspension of the drawdown of funds. I5. The recipient agrees to complete and keep on file, as appropriate. Immigration and Naturalization Service Employment Eligibility Verification Form (I-9). This form is to be used by recipients of federal funds to verify that person are eligible to work in the United States. RECIPIENT ACCEPTANCE OF SPECIAL COi`iDITIONS Jer- ySande_ s Typed Name Chier Title (Signature) Date ASSURANCES —NON-CONTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, inci__:ng time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and comp et.g and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of ths collection of information, including suggestions for reducing this burden, to the Office of Management and budget, Paper..c x Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF !i_ NAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program, if you have questions, p: se contact the awarding agency. Further, certain Federal -awarding agencies may require applicants to certify ;o additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant I certify that the applicant: 1. Has the legal authority to apply for Federal assistance Office and Treannent Act of 1972 (P. _. 92-255), as and the institutional, managerial and financial amended, reining to nondiscrimira c_ on the basis of capability (including funds sufficient to pay the non- drug abuse; (f) the Comprehensive .Alcohol Abuse buse and federal share of project cost) to ensure proper Alcoholism Prevention, Treatment a-= <-••^':-ilitation planning, management and completion of the project . _ Act of 1970 (P. L. 91-616), as amended_ relating to describe in this application. nondiscrimination on the basis of aic:h abuse or 2. Will give the awarding agency, the Compnoller alcoholism; (s) 523 and 527 of the _____ Health General of United States, and if appropriate, the State, Service Ac: of 1912 (42 U. S. C. 79C o^ anti 290 e_- through any authorized representative, access to and 3), as amended, relating :o conflaenti of L _ci:0i the right to examine all record, books, paper, or • and drug abuse patient records; (h) Tint nI: of the documentsrelated to the award; and will establish a Civil Rizht: Act of 1963 (42 U S C. 36 _es sect, as proper accounting system in accordance with amended, relating to nondiscrimination In the sale, generally accepted accounting standards or agency rental or financing ofhou.sirg; (I) any :d_r directives. nondiscrimination provisions in the sp __rutte(s) 3. Will establish safeguards to prohibit employees from under which application for Federal a"____e s using their positions for a purpose that constitutes or being made; and (j) :he reeuiremens of �_. presents the appearance of personal or organizational nondiscrimination statute(s) whichmay-- conflict of interest, or personal gain. application. 4. Will initiate and complete the work within the 7. Will comply, or has already complied. the applicable time frame after receipt of approval of the requirements of Titles II and III of the _-.:ifo W awarding agency. Relocations Assist nce and Real Proper-: icc. isition 5. Will comply with the Intergovernmental Personnel Policies Act of 1970 (P. L. 91-646) which provide for Act of 1970 (42 U. U. C. 4728-4763) relating to fair and equitable ueatment of persons displaced or prescribed standards for merit systems for trograms whose property is acquired as a result of Federal or funded under one of the nineteen statutes or federally assistance proms. These requirements regulations specified in Appendix A of OPM's apply to all interest in real property ac_ui.-ed for Standards for a Merit System of Personnel project pun -poses regardless of Federal _a cipation in Adminisu lion (5 C. F. R. 900, Subpart F). purchases. 6. Will comply with all Federal;tatutes relating to 8. Will comply, as applicable, with provisions of die nondiscrimination. These include but are not limited Hatch Act (5 U. S.C. 1501-1503 and 732=-7223) to: (a) Title VI of the Civil Rights Act of I964 (P.L. which limit the political activities are funded it: whole 88-352) which prohibits discrimination on the basis of or in part with Federal Funds_ race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U. S. C. 1681- 1633, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U. S. C. 794), which prohibits discrimination on the basis of handicaps: (d) the Age Discrimination .Act of 1975, as amended (. 2 U. S. C. 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse l 0 1. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U. S. C. 276a to 276a — 7), the Copeland Act (40 U. S. C. 276c and 18 U. S. C. 874), and the Contract Work Hours and Safety Standards Act (40 U. S. C. 327-333), regarding labor standards • 2. for federally assisted construction sub agreements. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is Si 0,000 or more. 3. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of I969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et esq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176 (c) if the Clear Air Act of 1955, as amended (42 U.S.C. 7401 et esq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended. (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L..93-205). 4. Will comply with the Wild and Scenic: Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 5. Will assist the awarding agency in assuring compliance with section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470),.E0 11593 (identification and protection of historic properties) and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-I et seq.). 6. WiIl comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 7. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 8. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 9. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit • Act of 1984 or OMB Circular No. A-133, Audits of Institutions of Higher Learning and other Non-profit Institutions. 10. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies zoverning this program. SIGNATURE AU ORIZED CE • IFYING OFFICIAL Mr. Jerry Sanders TITLE APPLICANT ORGANIZATION San Diego Police Department DATE SUBMITTED /// 3/9A BUDGET INFORMATION - CONTRUCTION PROGRAMS NOTE: Certain Federal assistance programs require additional computations to arrive at the Federal share ofproject costs eligible for participation. If such is the case your will be notified COST CLASSIFICATION a. 'total Cost b. Costs Not Allowable for Participation c. Total Allowable Costs (Column • a-b) I. Administrative and legal expenses 2. Land, structures, rights of way, appraisals, etc. 3. Relocation expenses and payments 4. Architectural and engineering fees 5. Other architectural and engineering fees 6. Project inspection fees 7. Site work 8. Demolition and removal 9. Construction 10. Equipment I I. Miscellaneous 12. SUBTOTAL ( sum of lines I — I I) 13. Contingencies 14. SUBTOTAL IS. Project (program) income 16. TOTA1. PROJECT COSTS (subtract U 15 from 11 14) r r Y1YY Y�YY 17. federal assistance requested, calculate as follows (Consult Federal agency for Federal percentage share). Enter resulting Federal share. .Inl,KA), h UIVI)IIVI. Enter eligible costs front line I 6c Multiply X ASSURANCES - CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average I5 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estate or any other aspect of this collection of information, including suggestions for reducing this burden, to the office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of theses assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants CO certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant I certify that 1. Has the Iegal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non - Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of , modify the use of, or changethe terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure non- discrimination during the useful life of the project 4. Will comply with the requirements of the assistance awarding agency with regards to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progress reports and such other information as may e required by the assistance awarding agency or State. 6. Will initiate and complete the work within the applicable time i-ame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or present the appearance of personal or organizational conflict of interest, or personal gain. 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4728-3763) relating to 2. • the applicant: prescribed standards for merit system for programs funded under one of the nineteen statutes or regulations specified in appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900 Subpart F). Si:" Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C_ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statues relating to non- discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88- 352) which prohibits.discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 168I-1683, and 1685-1686) which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) which prohibits discrimination of the basis of handicaps; (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 Drug Abuse Office and Treatment act of 1972 (P.L. 93-255), as amended, relating to non-discrimination on the basis of drug abuse; (f) the comprehensive alcohol Abuse and alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient record; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq. ), as amended, relating to non-discrimination in the sale, rental or financing of housing; (I) any other non-discrimination provisions I the specific statute(s) under which application for Federal assistance is being made and (j) the requirements on any other non- discrimination Statute(s) which may apply to the application. i3 1. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally assisted programs. These requirements apply to all interest in real property acquired for project purpose regardless of Federal participation in purchases. 2. WiIl comply with the provisions of the Hatch Act (5 U.S.C. 1501-1508 and 7324-7328) which Iimit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 3. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. 276a to 276a-7), the Copeland Act (40 U.S.C. 276c and 18 U.S.C. 874), The contract Work hours and safety Standards Act (40 U. S. C. 327-333) regarding Iabor standards for federally assisted conssuction subagreements. 4. WilI comply with the flood insurance purchase requirements of Section IO2(a) of the Flood Disaster . Protection Act of 1973 (P.L- 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable const*uction and acquisition is $10,000 or more 5. Will comply with environmental standards which may be prescribe pursuant to the following: (a) institution of environmental quality control measures under the National environmental policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to 20 11990; (d) evaluation of flood hazard in floodpiai:s in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of under glound sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (a) protection of endangered species under the Endangered species Act of 1973, as amended, (P.L. 93-205). 6. Will comply with the wild and scenic rivers act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 7. Will assist the awarding agency in assg compliance with section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of _ historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-I et seq.). 8. WiIl cause to be performed the required financial and compliance audits in accordance with .he single Audit Act of 1984. 9. Will comply with all applicable recuiremer..ts of all other Federal laws, Executive Orders, regulations and policies governing this program. N SIGNATUR E� y C ORiZE ERTIFYIG OFFICIAL Mr/Jerry Sanders f TITLE APPLICANT ORGANIZATION San Diego Police Department DATE SUBMITTED OFFICE OF NATIONAL CONTROL POLICY (b) CERTIFICATINS REGARDING LOBBYING, DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; DRUG -FREE WORKPLACE REQUIREMENTS; FEDERAL DEBT STATUS, AND NONDISCR.IMLNATION STATUS AND IMPLEMENTING REGULATIONS Instructions for the certifications General Requirements The Office of National Drug Control Policy (ONDCP) is required to obtain from all applicants certifications regarding federal debt status, debarment and suspension, and a drugfree workplace. Applicants requesting monies greater than S 100,000 in grans funds must also certify regarding lobbing activities and may be required to submit a Disclosure of Lobbying Activities" (Standard Form LLL). Institutional applicants are required to certify that they will comply with the nondiscrimination statues and implementing regulations. Applicants should refer to the regulations cited below to determine the certifications to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of the form provides for compliance with certification requirements under 21 CFR part 1405, "New Restrictions on Lobbying" and 21 CFR part 1414, Government wide Debarment and Suspension.• (Non procurement), Certification Regarding Federal debt Status (Olvffi Circular A-129), and Certification Regarding the Nondiscrimination Statutes and Implementing Regulations. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Office of National Drug Control Policy determines to award the covered cooperative agreement 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented in 21 CFR part 1405, for persons entering into a cooperative agreement over SI00,000, as defined at 21 CFR Part 1405, the applicant certifies that: (a) No fedemI 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, and officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, die entering into continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will being paid to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Grant or cooperative agreement, the undersigned shall complete and submit Standard Form —LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this certification be included in the award document for all subawards at all tiers (including subgrantas, contracts under gants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTER (DIRECT RECIPIENT) As required by Executive Order I2549, Debarment and Suspension and implemented at 21 CFR Part 1404, for prospective participants in primary covered transactions A. The applicant certifies that it and its principals: (a) (b) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal deparrnent or agency: Have not within a three-year period preceding this application been convicted of or and a civil judgment rendered against them for commission of gaud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State, or local ) transaction or contact under a public transaction' violation of Federal or State antitrust statures or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for o otherwise criminally or civilly charged by a governmental entity (Federal, State, or Iocal) terminated for cause or defaulr,and B. Where the applicant is unable to certify to any of the statements in this certification. He or she shall attach an explanation to the application. 2. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug Free Workplace Act of 1988, and implemented at 21 CFR Part 1404 Subpart F. A. The applicant certifies that it wiII or will continue to provide a drug free workplace by: (a). Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the applicant's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (b) Establishing an on -going drug free awareness program to inform employees about �s (1) The dangers of drug abuse in the workplace; (2) The applicant's policy of maintaining a drug free workplace; Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violation occurring in the workplace; (d) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the gram, the employee will (3) (e) (1) (2) (f) Abide by the terms of the statement; and Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction: Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) form an employee or otherwise receiving actual notice of such convictions. Employers of convicted employees must provide notice including position title, to: The Assistance Center, 8401 Northwest 53r1Terrace, suite 200, Miami, Florida 33166. Notice shall include the identification number of each affected grant; (g) Taking one of the following actions within 30 calendar days of receiving notice under subparagraph (d)(2), with respect of any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal State, or local health, law enforcement, or other appropriate agency; (h) Making a good faith effort to continue to maintain a drug free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). B. The applicant may insert in the space provided below the site(s) for the performance of work done in connection with the specific cooperative agreement: (2) Place of Performance (street address, city, country, state, zip code) San Diego Police Department 1401 Broadway San Diego, CA 92101 Check if there are workplace on file that are not identified here. The regulations provide thata recipient that is a State may elect of make one certification in each Federal fiscal year. A copy of which should be included with each application for ONDCP Funding. DRUG FREE WORKPLACE (RECIPIENTS WHO ARE INDIVIDUALS) As required by the Drug Free Workplace Act of 1988, and implemented at 21 CFR Part 1404 Subpart F. A. as a condition of the cooperative agreement, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conduction any activity with the grant; and B. If convicted of a criminal drug offense resulting form a violation occurring during the conduct of any grant activity, I will report the conviction in writing, within 10 calendar days of the conviction, to: The Assistance Center, 8401 Northwest 53'd Terrace, Suite 200, Miami, Florida 33166. 4. CERTIFICATION REGARDLNG FEDERAL DEBT STATUS (OMB Circular A-I29) The Applicant certifies to tine best of its knowledge and belief, that it is not delinquent in the repayment. of any federal debt. 5. CERTIFICATION REGARDL G THE NONDISCRLI'IINATIN STATUTES AND IMPLEMENTING REGULATIONS The applicant certifies that it will compiy with the following nondiscrimination statues and their impiement:ng regulations: (a) title VI of the Civil right Act of 1964 (42 U.S.C. 2000D et seq.) which provides Mat no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of or be otherwise subjected to discrimination under any program or activity for which the applicant received federal financial assistance; (b) Section 504 if the rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicap in programs and activities receiving federal financial assistance; (c) title IX of the Education Amendments of 1972m as amended (20 U.S.C. 1981 et seq.) which prohibits discrimination on the basis of sex in education programs and activities receiving federal financial assistance; and (d) the Age Discrimination Act of 1975, and amended (42 U.S.C. 6101 et seq.) which prohibits discrimination on the basis of age in programs and activities receiving federal financial assistance, except that actions which reasonably take age into account as a factor necessary for Me normal operation or achievement of any statutory objective of the prject or activity shall not violate this statute As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. Grantee Name and Address: San Diego Police Department 1401 Broadway San Diego, CA 92101 Application Number and/or Project Name: I8PSCP575 Southwest Border CA. State & Local nit 1. Grantee IRS/Vendor Number. 95"— 6000 776 Type Name and Title of Authorized Representative: Mr. Jerry Sanders 5. Sigitazure: I() 6. Date: /7 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose activities pursuant to31 U.S.C. 1352 (See reverse for public burden disclosure) I. Type of Federal Action: 2. Status of Federal Action 3. Report Type II 2. contract b a.. bid/offer/application a a. Initial filing b. grant C. cooperative agreement d. loan b. Initial award c. post -award b. material change For Material Change only Year. Quarter. e. loan guarantee Date of last report: f. loan insurance 4. Name and Address of reporting Entity — 5. If reporting entity in No. 4,is Subawardee, Enter name and address of Prime: xj Prime Subawardee Tier_-_, if known: San Diego Police Department 1401 Broadway San Diego, CA 92101 Congressional District, if known Congressional District, if known 6. Federal Department/Agency: ONDCP 7. Federal Program Name/Description: HIDTA 8. Federal Action Number, if known 9. Award Amount, if known S 5,488,075.00 10. a. Name and Address of Lobbying Entity (if individual, last name, first name, MI) None (attach b. Individuals Pei -forming Services (including address if different from No. 10a) last name, first name, MI) None Continuation Sheet (s) SF-LLL-A, if necessary) 11. Amount of Payment (check all that apply): S N/A planned 13. Type of Payment (check all that apply) a. retainer _actual _ b. one-time fee 12. Form of Payment (check all that apply): _ a. cash b. in -kind; specify: nature _ c. commission _ d. contingent fee e. deferred value _ F. other; specify: _ 14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including offtcier(s), emploee(s), or Member(s) contacted, for Payment indicated in Item 11: None (attach Qontinuation Sheet (s) SF-LLL-A, if necessary) IS. Continuation Sheet(s) SF-LLL-A atached: _Yes X No 16. Information requested through this form is authorized by title 31 U.S.C. section I352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made o entered into. This disclosure is requested pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to Gle the required disclosure shall be subject to a civil penalty of not less than S10,000 and not more than S100,000 for each such failure. Signature: /- , Print Name: Mr. Jerry Sanders Title: Cle/ Telephone No.: 6195575324 Date: // 3 by Federal Use Only: Authorized for local reproduction Standard Form - LLL Le Confidental Funds Certification This is to certify that I have read, understood, and agree to abide by all of the conditions�,for confidential funds as set forth in the effective edition of ONDCP Financial & Adminstrative Guide. i�i�'v G Date: �n3%e Signature: Z(f/ Project Director. Mr. Ron Papania Grant No.: I8PSCP575 1 11 California Border Alliance Group Executive Committee Budget Request FY 1998 Operation Alliance Joint Task Force National City PD Investigation Local A. Personnel Name/Position Detective-TBD Annual Salary % Time 52,200 100% B. Fringe Benefits Name/Position Detective-TBD Annual Amount % Time 18,480 100% C. Overtime Position Detective-TBO # of Hours Rate 295 38 F. Services Description and Quantity cell phone usage # of Months Monthly Rate 12 60 vehicle maintenance 12 100 fuel 12 80 G. Equipment Description Subtotal Total 52,200 0 52,200 Subtotal Total 18,480 0 18,480 Subtotal Total 11,210 0 Subtotal 720 1,200 960 11,210 Total 2,880 Quantity (#) Unit Price Subtotal Total Recorder -palm 1 800 800 Page 1 of 2 .20 Ca98 Budget-passsack ondcp9-17--97, op a/i-narl city, 2/598 Digital Cell phone 1 200 vest 1 240 vehicle radio 1 2,814 portable radio 1 2,400 undercover sedan 1 15,000 H. Supplies Description Misc. # of Months Rate 12 40 Note: Subtotals are rounded products of input figures. 200 240 2,814 2,400 15,000 Subtotal 480 0 21,454 Total 480 Total Budget 106,704 Page 2 of 2 Ca98 Budget-passback andcp9-17-97, op all-nar! city, 2/598 c EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF NATIONAL DRUG CONTROL POLICY Washington, D.C. 20503 July 25, 1997 Dear Mr. Smith: The purpose of this letter is to transmit the Program Guidance for FY-98. Please note that your threat assessment, strategy, and initiatives will be due on August II, 1997. The most notable changes in the FY-98 Program Guidance over the FY-97 �sidance are the addition of performance standards and performance measures. This year fording targets will be at 95 percent of last year's budget. The HIDTA program is the centerpiece of our domestic supply reduction effort. Look forward to working with you in the years ahead. Enclosure Mr. Terrance Smith California Regional Director Southwest Border HIDTA 225 Broadway, Suite 310 San Diego, CA 92101 Barry R. McCaffrey Director �2 EXECtiTIVE OFFICE OF THE PRESIDE`+'T OFFICE OF NATIONAL DRUG CONTROL POLICY Washington. D.C. 20503 HIGH ENTENSITY DRUG TR F I ICKt•NG AREAS FISCAL YEAR 1998 PROGRAM GUIDANCE July 25, 1997 I. REFERENCES: A. Anti -Drug Abuse Act of 1988, as amended B. The President's 1997 National Drag Control Stratev C. Government Performance and Results Act of 1993 (GPRA) D. FrEDTA Developmental Standards (Appendix Ci) E. IDTA Program Policy (CY Series, May 27, 1996) F. IOTA Format Manual Fiscal Year 1998 (May 12, 1997) G. EDTA Financial and Administrative Guide (April 1996) II. PURPOSE: To provide Fiscal Year 1998 program and budget guidance for the High Intensity Drug Trafficicing Areas. III. DESCRIPTION: Pursuant to the Anti -Drug Abuse Act of 1988 as amended, the Fszh Intensity Druz Trafcidng Areas (FTfTAs) designated by the Director of the Office of National Drug Control Policy are the most critical drug trafficking areas of the United States. The Executive Committee of each =DTA is composed of representatives from local, State, and Federal agencies. Each Executive Committee receives a charter from the Director of ONDCP to reduce nafcking activities, particularly those that adversely affect other areas of the country. IV. 1997 NATIONAL DRUG CONTROL STRATEGY GOALS: The 1997 National Drug Control Strategy consists of five goals, each having a series of objectives: • Goal 1: Educate and enable America's youth to reject illegal drugs as well as alcohol and tobacco. • Goal 2: Increase the safety of America's citizens by substantially reducing drug -related crime and violence. • Goal 3: Reduce health and social costs to the public of illegal drug use. •• Goal 4: Shield America's air, land, and sea frontiers from the drug threat. • Goal 5: Break foreign and domestic drug sources of supply. The second objective of Goal 2 specifically addresses the IOTA Program —"Improve the ability of High Intensity Drug Trafficking Areas (EIDTAs) to counter drug tratncking." ONDC?'HIDTA July 25, 1997 .23 . FY-Q8 HTDT Prngram Guidance V. PERFORMANCE TARGETS: All HIDTAs are required to establish systems to measure their performance toward achieving the following targets. Additional targets are under development. 1. Development - Each IIIDTA will improve the scope and efficiency of the IOTA Program by the progressive adoption of the National ITT A Developmental Standards, maintaining the level of compliance of the previous year. HIDTAs must meet the standards in the lefthand column on Attactr-rent C and then successively improve by meeting the standards in the coliirine to the right. Each :ETA will meet at least one additional step of the =TA Developmental Standards in at least one category by the end of FY-1998. 2. Drug trafficking organizations in HIDTAs - By the end of{FY-1998, each established IOTA will disrupt, dismantle, or render ineffective 5 percent of targeted drug 7atncldng organizations identified in its.threat assessment. Pending approval of National Drug Control Strategy targets, a 20 percent reduction of drug arsciting organizations in PTAs by 2002 compared to the 1997 base year is the anticipated long term target. By 2007, drug trafficking organizations in T.as will be reduced by 50%. 3. Money laundering organizations in HIDTA.s - By the end of FY-1998, each established FIDTA will disrupt, dismantle, or render ineffective 5 percent of targeted money laundering organizations identified in its threat assessment. Pending approval of National Drug Control Strategy targets, a 15 percent reduction of money laundering organizations in ".=TAs by 2002 compared to the 1997 base year is the anticipated long term target. By 2007, money laundering organr7at ons in F- T As will be reduced by 50%. 4. Drug -related crime - By the end. of FY-1998, achieve a 5 percent reduction in specified crimes (homicides, robberies, assaults and crimes against property). VI. FY-1998 FUNDING TARGETS: The President's FY-1998 Budget for the IOTA Program is $140 207 ttullion.. Congress may increase or decrease this amount in the appropriations process, which is projected to be completed by September 30, 1997. Executive Comn,;rtees must submit proposed initiatives with a budget of 95 percent of the total they received in FY-1997. Should Congress appropriate the full amount requested in. the President's Budget, the five percent decrement will constitute a management reserve for ONDCP. This reserve will enable ONDCP to reinforce those FI DTAS with major outcomes in accordance with the principles of GPRA. Executive Committees are encouraged to conduct evaluations of ongoing initiatives and prioritize their requirements within their : rgeted budget levels. Supplemental initiative proposals may be submitted for consideration in an amount up to 25 percent of the total amount received in FY-1997. Supplemental initiatives must be prioritized and will be considered pending the availability of funds. ONDC?/HiDTA July 25, 1997 • FY-98 MDT.A Program Guidance No less than half of the funding shall be allocated to State and local agencies for their portions of joint initiatives. Exceptions with strong justifications will be considered. Directors' salaries will be submitted as separate initiatives and will not be included in the targeted amount. (Staff support expenses are included within the funding target.) VII. BUDGET REQUIREMENTS: Appendix A defines the policies and requirements that must be taken into consideration in formulating budgets. Budgets must conform to the categories and levels of detail specified in the Format Manual (summary is in Appendix B). When equipment or services are purchased by one agency for use by a different agency, sufficient documentation must identify the agency using the resources and the agency that received the funding. VIII. FISCAL YEAR (FY) 1998 HIDTA SUBMISSIONS: By August 11, 1997 all Executive Committees shall: Update the threat assessment to ensure current criteria for measuring program success; Move toward attainment of the Developmental Standards listed in Appendix C by making necessary changes in IOTA strate_ies and procedures; and Develop and prioritize initiatives to implement the ?-ETA's strategy and prepare the DTA's budget. By August 31, 1998, all Executive Committees shall provide ONDCP with an annual report containing information on the accomplishments (outputs) of initiatives and impact (outcomes) of strategies. IX. GENERAL PROGRAM REQUIREMENTS: IOTA funds will support only initiatives that include Federal, State, and local participation and implement the HIDTA strategy. Content must comply with the Budget Requirements (Appendix A). HIDTAs are expected to strive to meet the highest level of Developmental Standards (Appendix C). Funding priority will be based upon the achievement of performance targets (See Section V. PERFORMANCE TARGETS) and other measures to be developed. A. Mission Statements - Include the official mission statement in the description of each initiative. To be considered for funding, official mission statements must contain information related to the joint drug nature of the initiative and how it relates to the strategy of the IOTA B. Intelligence Sharing - Submit proposals for only those initiatives that systematically support the central drug intelligence/information-sharing center. Include descriptions of ONDCP!HIDTA July 25. 1997 3 ,` S FY-98 HIDT& Prn"ram Guidance central intelligence/information-sharing and an intelligence dissemination plan approved by the Executive Committee. Sharing of information/intelligence is required, except where disclosure is prohibited by law (e.g., grand jury secrecy, privacy of taxpayer information, and Title III restrictions). C. Strategic Planning - Request funding only for those drug initiatives that are con -elated to the strategy of the HIDTA. Strategic plans must describe performance targets and how achievements will be measured. Indicate how funding for the most significant cases will be coordinated with the OCDETF program. Funds will be made available primarily for those initiatives that most directly lead to the accomplishment of projected outcomes. Identification of all drug criminal targets should be coordinated through the central intelligence/information-sharing center to facilitate cross -case analysis, prevent duplication, and ensure the Executive Committee has sufficient information to establish priorities. Targeting of drug criminal organizations not coordinated with the central intelligence information -sharing center must be justified by the Executive Committee and approved by ONDCP. D. Teamwork - Collocation of drug joint task forces is the standard. Exceptions for remote locations may be requested. Priority of support tiv=ill go to initiatives that achieve sync:.ron nation of multi -task force drug operations. =T_As will pursue Organized Crime and Drug Enforcement Task Force (OCDETF) case designations as a matter of course. This will make the most effective use of limited =TA resources. Although prozrammatiic emphasis is to be on drug law enforcement, prosecution, interdiction, and intelligence, Execu-tive Committees are encouraged to seek input from the demand reduction community. E. Accountability - Include in all material printed with I-- TA funds (e.g., newsletters, letterheads, reports) how the item relates to the EIIDTA. For example, a Joint Drug Intelligence Group report printed with EFTA funds should indicate the report supports the HIDTA. NOTE: if suchi a statement cannot be made, then ITT A funds should not be used. Development of new software and purchase of major computer hardware (e.g., servers) must be cleared by the EFTA Systems Clearinghouse Manager 202-395-0277. Purchases of all equipment, supplies, software, and vehicles will be centrally managed by the Task Force or EDDTA equipment pool. Keep a central inventory of all equipment to facilitate sharing of resources and equipment Comply with all regulations and policies of the agency receiving P=TA funds. No exemptions to established agency policies are permitted to be made unilaterally by }±UJTA participants. Executive Committees should conduct self-examinations to ensure accountability of resources. ONDCP!I:IDTA Juiy 25, 1997 A t o�� FY-98 Program Guidance BUDGET REQUIREMENTS Appendix A All High Intensity Drug Trafficking Areas (HIDTAs) are required to adhere to the ONDC? defined budget requirements. Budgets must conform to the following: Memorandum of Agreement - Federal agencies participating in the Program are required to sign a Memorandum of Agreement (MOA) with ONDCP prior to any fends being transferred to them. The MOA sets forth the minimum requirements for financial management, reporting reprogramming of funds, and records retention. Those �=TAs that do not comply with the MOA may be required to repay funds or incur other restrictions. The purpose of all HIDTA funded activitiets must directly relate to counter - drug activity. For noncompliance with the MOA, repayment or appropriate resrrictions may apply. 2. Use of HIDTA Funds - IOTA funds must provide greater benefit to the respective HIDTA Progra*n than to the funded agency. The Program requires no matching ands and does not provide indirect costs to agencies receiving major benefit from we funding.. 3. Funds Coordination - Officials requesting funds must coordinate the funding of their portions of joint initiatives with their neadquarters's budgetary and prog_2mr atic offices. 4. Reimbursement to Agencies - State and local agencies will be funded thrcug: an ON -DC? Cooperative Agreement (see the Financial and Adminisrrative Guide). A Cooperative Agreement will be provided to the requesting agency following :he execution of the application (SF-424), signed with the required certifications and representations. After the Cooperative Agreement is received by ONDC?, requests for reimbursement may be submitted for expended funds. 5. Previous Years' Funding - Requests from State and local agencies with irEDTA funding remaining from previous years (earlier than FY 1997) will be decrenented from the funding targets of the HIDTAs in the amount of unobligated funds. 6. Reprogramming - Funds from Cooperative Agreements, extended beyond the original termination date, cannot be reprogrammed into new initiatives. F;EDTAs must receive written approval from the on -site Director for all reprogramming within the same agency and initiative beyond ten percent) A copy of the approval must be submitted to ONDCP. All reprogram .ing between initiatives or agencies must be approved by the Executive Committee and ONDCP. HIDTAs that do not adhere to ONDCP m_idelines on reprogramming may lose all reprogramming authority. For Southwest Border HIDTA reprogramming, the "on -site Director" is the Southwest Border HIDTA Director. ONDCP/HIDTA !uiy 1997 .27 FY-98 Pragrrn Guidanc_ 7. Supplanting Agency Funds Prohibition - All agencies are required to demonstrate that HIDTA resources do not supplant (displace) agency budgets and are dedicated to the joint initiatives through which the funding was requested (e.g., equipment purchased for ajoint collocated task force must be located in that task force). Agencies must certify that HIDTA funded positions would be terminated if the funding were not available. Executive Committees are strongly encouraged to examine all personnel costs and explore alternative ways to support salaries, benefits, and overtime. SUPPLANTING OF AGENCY FUNDS IS STRICTLY PROHIBITED. 8. Overtime Limits - Overtime payments must be in accordance with established Federal limits. Therefore, overtime requests must not exceed the level provided by respective agency regulations. However, even if agency regulations permit, the cumulative Iimit (including OCDETF funding), will be that of the Departments of Treasury or Justice, whichever is higher. Using Program funds for overtime for Federal personnel (except for U.S. Border Patrol personnel and Customs Patrol Officers involved in specific joint drug interdiction operations) and administrative personnel (those who do not directly support investigations), will not be considered. 9. Administrative Expenses - Overhead and administrative expenses (i.e., non -operational expenses) for the HIDTA must be displayed separately from operational budges. Directors will be paid under separate agreements through an agency. 10. VeiicIes - Program funded vehicles must be used by personnel working full-time in a I- TA initiative. Each agency must document who -uses the vehicle and that person's involvement in the b' V)TA courterdrug activities. Vehicles must be controlled by the initiative and will not leave the initiative upon the departure of the agent to whom the vehicle was assi°rled. 11. Unallowable Expenses - H DTA funds will not be used to purchase promotional or representational items (e.g., hats, pins, T-shirts, and other memorabilia), bar or professional association duesi real property, or food and beverage items. Administrative (not operational) travel must clearly benefit the Program. For more detailed information and other unallowable expenses, see the Financial and Administrative Guide. 12. Audits - All agencies handling Program funds will be audited and evaluated by ONDCP. All agencies are responsible for maintaining programmatic and financial accountability for HIilTA resources (including equipment inventory). c ONDC?!HiDTA July ti, 1997 FY-98 Program Guidance Appendix B ONDCP FORMAT SUMMARIES See the HIDTA Format Manual dated May 12, 1997 for a detailed description of HIDTA formats. The following is a summary of the manual's contents:., 1. Threat Assessment Summary • Major Drug Trafficking Problem Number of Major Drug Trafficking Organizations Estimated Amount of Money Going Back to Drug Source Areas Cost of Doing Business for Major Traffickers Known Drug Related Crime Rates Other Trends that Can be Counted 2. HIDTA Strategy Environment Mission Statement Overall Concept of the Counter -Drug Strategy Structure Composition Unity of Effort - Organization Operational Drug Task Forces Expected Outputs/Desired Outcomes 3. HIDTA Initiatives • Initiative Title • System Description • Expected Outputs for Current Year • Expected Outputs for Following Year • Budget for the Initiative t 4. HIDT4. Annual Report • Percentage of Major Drug Trafficking Organizations Dismantled • Decrease in the Flow of Money Going Back to Source Areas • Increases in the Cost of Doing Business for Major Traffickers • Increase in Public Safety • . Improvement in. the Ability of the IOTA to Counter Drug Trafficking ONDC?/HIDTA July 11. 1997 029 ONECP 1HDTA DEVELOPMENTAL STANDARDS Inlellleence and Information Sharin ► Goal Requitement Ercnt deconfliction . sen•ice to all I IIDTA task forces • seIVlee to all drug control agencies within IIIDTA • service to all law enforce - meat in IIIDIA region • wrak week availability • 24 hrsl7 days availability • same day service . instantaneous service Criminal subject decmtliction Pointer index service to Connectivity to national service to all I IIDTA task forces IIIDTA region Connectivity of all IIIDTA , pointer index Pointer Index Service in other task forces to intelligence I IIl7PAs and non -I Il D'I A center and each other agencies Ad I hoc Post seizure analysis Post seizure analysis & Post seizure analysis & & dissemination (or the most dissemination for IIIDTA — national dissemination significant seizures (by task forces and participating investigating agencies) agencies Collocated access to major Specific analytical support Full service case support data bases (e.g. NADDIS, to IIIDTA task forces (e.g., to all IIIDTA cases upon TEC S, NLEFS, NCIC, loll analysis, document request (complete analysis WALES, AOI., etc.) analysis, Idle III analysis) including prosecution stage) Access to unique databases (FINCEN, BASAS, Phone disc) Access to regional intelligence Access to domestic intelligence Access to global intelligence Collection of trend and pattern data Full trend & pattern analysis, special assessments produced Predictive analysis (strategic intelligence and products) Teamwork - Goal Requirement Milli -jurisdictional, collocated task forces (exceptions must be approved) Joint training for I IIDTA task forces Joint investigations, IIIDTA region multi -task force - operations (info exchange, case coordination) • Joint training for IIIDTA region Routine/inslitrtioual multi -task force operations Task force operations with other I III)TAa (as appropriate) Specialized training exported to requesting I IIDFAs Strafeeic Plamdntt & Execution * II er111 11'elllelli Goal Develop a viable IIIDTA Produce measurable Achieve targeted region Threat Assessment, Strategy, and Annual outputs and mdcomes (articulated) outputs/outcomes Report • correlate strategy to Establish evaluation the threat h capacity • measurable objectives Integrated planning with Other I IIDTAs Implement initiatives Integrated systems Integrated systems which execute strategy approach among IIIDTA approach within I IIDTA task forces • Intelligence • Interdiction region (parole, probation, courts, corrections, testing, sanctions) • Investigation • Prosecution Correlate budget to Periodically review and Continuous review and strategy (initiatives) reallocate resources reallocation of resources Accounlab1111 Requirement t- Goal • Establish sound fiscal/ Implement scheduled self- Implement self -review programmatic management inspection program to proCCSS to evaluate including shared fiscal monitor I IIDTA resources initiatives and recommend reports among EXCOM programming needs to members EXCOM Identify and implenwnl Share successes, failures Adapt efficiencies resource saving systems, eliminate duplication with other IlIDTAs (recommend best practices) developed by other IIIDTAs Establish and maintain System allows sharing of I IIDTA equipment equipment between inventory and control system initiatives Establish an information management system i• SECOND READING MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT April 14, 1998 8 AGENDA ITEM NO ITEM TITLE ORDINANCE AMENDING CHAPTER 10.25 OF THE NATIONAL CITY MUNICIPAL CODE REGARDING PUBLIC PAY PHONE REGULATIONS PREPARED BY Rudolf Hradeckyl°� DEPARTMENT Senior Assistant EXPLANATION l°' City Attorney This ordinance amends Chapter 10.25 of the National City Municipal Code by adding Section 10.25.060 to clarify that operators of public pay phones are required to obtain business tax licenses. Public pay phones are presently regulated under Chapter 10.25 as public safety matters. The Police Department has maintained cognizance of unauthorized phones or the misuse as public nuisances with appropriate enforcement action. This ordinance has been prepared in consultation with the Police and Finance Departments. Environmental Review X N/A Financial Statement N/A Account No STAFi_RE OMMENDATION Adoption of ordinance. BOARD/COMMI55iON RECOMMENDATION N/A TA TACi1MENTS (Listed Belcw) Ordinance Resolution No follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 10.25 OF THE NATIONAL CITY MUNICIPAL CODE REGARDING PUBLIC PAY TELEPHONE REGULATIONS BE IT ORDAINED by the City Council of the City of National City as Chapter 10.25 of the National City Municipal Code is amended by adding Section 10.25.060 to read as follows: 10.25.060 Applicability of Business Tax. Each public pay telephone operator or owner operating and maintaining a public pay telephone in the city is conducting business in the city and is subject to and required to pay a business tax in accordance with the provisions of Chapter 6.04 of this code. The city Finance Officer shall issue to operators in compliance with those provisions appropriate decals for placement on complying equipment. Instruments not in compliance are subject to the enforcement provisions of Chapter 6.04 for administration and collection of taxes. PASSED and ADOY1ED this day of , 1998. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: /3° g". George H. Eiser, III City Attorney George H. Waters, Mayor