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HomeMy WebLinkAbout1999 11-02 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY, NOVEMBER 2, 1999 - 3:00 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 THE CITY MANAGER, TOM G. MCCABE INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF OCTOBER 26, 1999. COUNCIL AGENDA 11/2/99 Page 2 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. 1. Resolution No. 99-172 Resolution of the City Council of the City of National City accepting the lowest responsive, responsible bid from Fuller Ford and authorizing award of bid #GS9900/2 for trucks with various liftgates and bodies. (Purchasing) 2. Resolution No. 99-173 Resolution of the City Council of the City of National City authorizing the donation of a surplus kiln to Ira Harbison School. (Purchasing) 3. Resolution No. 99-174 Resolution of the City Council of the City of National City authorizing donation of two surplus police motorcycles to the City of San Diego Police Department. (Purchasing) 4. Resolution No. 99-175 Resolution of the City Council of the City of National City amending the rules and regulations for the use of the National City Community Center. (Public Works) COUNCIL AGENDA 11/2/99 Page 3 CONSENT CALENDAR (Cont.) 5. Resolution No. 99-176 Resolution of the City Council of the City of National City authorizing the Mayor to sign an Agreement with EHM Architecture to provide professional services to prepare plans, specifications and cost estimates for the Kimball Park Bowl Open -Air Amphitheater Renovation Project. (Engineering Specification No. 99- 8). (Engineering) 6. Draft letter to County regarding a wireless communications facility proposed in Lincoln Acres. (Planning) 7. WARRANT REGISTER #17 (Finance) Ratification of Demands in the amount of $781,919.05. 8. Claim for Damages: Luis C. and Anamaria Garcia. (City Clerk) 9. Claim for Damages: Scott Record dba Flood Rescue. (City Clerk) NEW BUSINESS 10. Use of the Community Center by the National City Collaborative Family Resource Center on December 1, 1999 and waiver of fees. (Public Works) 11. Temporary Use Permit - Sweetwater High School Fireworks Display. (Building & Safety) COUNCIL AGENDA 11/2/99 Page 4 NEW BUSINESS (Cont.) -> CITY MANAGER -* CITY ATTORNEY -3 OTHER STAFF MAYOR -3 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. COUNCIL AGENDA 11/2/99 Page 5 NEW BUSINESS (Cont.) CLOSED SESSIONS Public Employee Discipline/Dismissal/Release Government Code Section 54957 Conference with Labor Negotiators - Government Code Section 54957.6. Agency Designated Representatives - Roger DeFratis, Brenda Hodges and Jim Ruiz Employee Organization: Municipal Employees' Association ADJOURNMENT Railroad Tourism Workshop - November 8, 1999 at 3:00 p.m. - Large Conference Room, Civic Center. Dispense with Regular City Council Meeting of November 9, 1999 at 6:00 p.m. and Adjourn to November 9, 1999 at 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 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATENovember2, 1999 AGENDA ITEM NO. 1 ITEM TITLE Resolution accepting the lowest responsive, responsible bid from Fuller Ford and authorizing award of bid #GS9900/2 for trucks with various liftgates and bodies. PREPARED Y Brenda E. Hodges ,3}�,f4"" DEPARTMENT Purchasing EXPLANATION. Request for Bids were issued for six (6) Ford, Chevrolet, or equal trucks with various liftgates and bodies. As per Council Resolution #99-86, two of these vehicles were held over from FY98/99 Vehicle C.I.P. program. It was too late to buy model year '99 vehicles, and too early to buy model year 2000 vehicles. These two vehicles will be purchased using FY98/99 funds`*. Bids were mailed to eleven (11) vendors, netting 2 responses. Bids were opened and read publicly on October 12, 1999, with no vendors present for the opening. The lowest responsive, responsible bid was from Fuller Ford, of Chula Vista, in the total amount of $140,018.40. Breakdown: 301-513-133-511 (FY98/99) Spec D(a) $29,264.00 * 301-413-133-511 (FY99/00) Spec D(b) $ 1811.32 643-522-224-511 (FY98/99) Spec B $17,823.09 * 643-422-224-511 (FY99/00) Spec C, D, E $71,450.33 125-422-222-511 (FY99/00) Spec A $19,669.66 * fonds already encumbered on PO 6(1794, from FV9R/99 hiidg t Environmental Review N/A Financial Statement See above. r- STAFF RECO ENDATION In concurrence with the Deputy Public Works Director, the PurchasingV'Agent recommends that award be made to Fuller Ford, and that authority be given to Purchasing Agent to issue resulting purchase order. BOARD/COMMISSION RECOMMENDATION Not applicable ATTACHMENTS (Listed Below) Bid Abstract Resolution Account No. "Z) ) 99-172 Resolution No. A-200 (Rev. 9/80) RESOLUTION NO. 99- 172 RESOLUTION OF fliE CITY COUNCIL OF 1'HE CITY OF NATIONAL CITY ACCEPTING THE LOWEST RESPONSIVE, RESPONSIBLE BID FROM FULLER FORD AND AUTHORIZING AWARD OF BID #GS9900/2 FOR TRUCKS WITH VARIOUS LIFTGATES AND BODIES WHEREAS, the Purchasing Department of the City of National City did, in open session on October 12, 1999, publicly open, examine and declare all sealed bids for six (6) Ford, Chevrolet, or equal trucks with various liftgates and bodies. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of National City hereby awards the contract for six (6) trucks with various liftgates and bodies to the lowest responsive, responsible bidder, to wit: FULLER FORD BE IT FURTHER RESOLVED that the City Council of the City of National City does hereby authorize the Purchasing Agent to execute on behalf of the City a purchase order between Fuller Ford and the City of National City for six (6) trucks with various liftgates and bodies. PASSED and ADOPTED this 2nd day of November, 1999. George H. Waters, Mayor ArIEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, IlI City Attorney BID ABSTRACT 10/14/1999 'SPEC. A' 'SPEC. B' 'SPEC. C' 'SPEC. D' 'SPEC. E' Total Price Total Price Total Price Total Price Total Price GRAND Inc! Tax Inc! Tax Inc! Tax Inc! Tax Inc! Tax TOTAL BIDDER (1 each) (1 each) (1 each) (2 each) 11 each) BID Notes Miramar Ford, San Diego No Bid No Bid No Bid $69,735.80 No Bid $45,961.84 Not franchised for smaller trucks Fuller Ford, Chula Vista $17,823.09 $19,669.66 $21,927.56 $62,150.64 $18,447.45 $140,018.40 National City Ford, NC No Bid No Bid No Bid No Bid No Bid New dealership. Has to sell off old stock, before they can bid for new business. City Chevrolet, San Diego No Response Misplaced bid, found it too late Bob Stall Chevrolet, Jamul No Response Dion Int'l Trucks, San Diego No Response Ron Baker Chevrolet, NC No Response Abacor, El Cajon No Response Does truck bodies only EW Truck, San Diego No Response D&H Truck Equip. San Diego No Response Nixon -Egli, Santa Fe Spgs No Response " " " City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE. Novemher 2, 1999 AGENDA ITEM NO. 2 (ITEM TITLE: Resolution authorizing donation of a surplus kiln to Ira Harbison School. PREPARED Y • Brenda E. Hodge 4"',, DEPARTMENT: Purchasing EXPLANATION. The Parks & Recreation Director has received a request for donation of surplus kiln, from Ira Harbison School. The Parks and Recreation Department has new equipment, and this one is no longer needed. Approximate value is less than $1,000.00. Environmental Review X N/A Financial Statement• Not applicable Account No Not applicable STAFF RECOMMENDATION Recommend donation BOARD/ COMMISSION RECOMMENDATION • n / a ATTACHMENTS (Listed Below) none Resolution No 99-173 A-200 (Rev. 9/80) RESOLUTION NO. 99-173 RESOLUTION OF THr. CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE DONATION OF A SURPLUS KILN TO IRA HARBISON SCHOOL WHEREAS, the Parks and Recreation Director has received a request from Ira Harbison School for the donation of a surplus kiln; and WHEREAS, the Parks and Recreation Department has new equipment and the surplus kiln is no longer needed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that it hereby ' authorizes the donation of the Parks and Recreation Department's surplus kiln to Ira Harbison School. PASSED and ADOPTED this 2ndday of November, 1999. AI TEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: AL George H. Eiser, III City Attorney George H. Waters, Mayor City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE : November 2, 1999 AGENDA ITEM NO 3 fITMM TITLE: Resolution authorizing donation of two surplus Police Motorcycles to the City of San Diego Police Department. PREPARED Y • Brenda E. Hodges DEPARTMENT Purchasing EXPLANATION; The National City Police Department has received a request from the City of San Diego Police Department, for donation of two surplus Police Motorcycles, with an estimated auction value of $750 each, SDPD operates the Police Motorcycle Training Academy for the County. Typically when attending motorcycle training, officers are required to bring their own bikes. It is recommended that 'old' bikes be used, since damage can occur to them during training. This would require the City of National City to keep the bikes, and maintain them for this purpose. Instead, if we donate them to SDPD for use in their academy, they will maintain them, and make them available to NCPD officers whenever training is required. Training through SDPD is free to our officers, as opposed to approximatel $1100 elsewhere. Environmental Review x N/A Financial Statement: Not applicable Account No. Not applicable STAFF RECO ENDATION Recommend donation BOARD/COMMISSION RECOMMENDATION n/a ATTACHMENTS (listed Below) none Resolution No 99-174 A-200 (Rev. 9/00) RESOLUTION NO. 99- 174 RESOLUTION OF ME CITY COUNCIL OF TIE CITY OF NATIONAL CITY AUTHORIZING DONATION OF TWO SURPLUS POLICE MOTORCYCLES TO THE CITY OF SAN DIEGO POLICE DEPARTMENT WHEREAS, the National City Police Department has received a request from the City of San Diego Police Department ("SDPD") for the donation of two surplus police motorcycles, with an estimated auction value of $750; and WHEREAS, SDPD operates the Police Motorcycle Training Academy for San Diego County; and WHEREAS, motorcycles donated by National City to the Police Motorcycle Training Academy will be maintained by the academy and made available to National City police officers whenever training is required. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the donation of two surplus motorcycles from the Police Department to the City of San Diego Police Department for use at the Police Motorcycle Training Academy. PASSED and ADOPTED this 2nd day of November, 1999. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III, City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 2, 1999 4 AGENDA ITEM NO. / ITEM TITLE Resolution Amending the Rules and Regulations for the Use of the National City Community Center PREPARED BY T. McAvoy DEPARTMENT Public Works EXPLANATION The rules and regulations for the use of the National City Community Center, adopted by Resolution #93-119 dated August 10, 1993, do not include as a Category of Use events sponsored by the Mayor or Council members. This action amends the Categories of Use listing to include events sponsored by the Mayor or Council members and approved at Council with no fees assessed. Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATI N Adopt Resolution amendi R le a ions for th use of the National City Community Center. / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below 1. Revised Categories of Use listing Resolution No. 99-175 A-200 (9/80) RESOLUTION NO. 99-175 RESOLUTION OF TILL CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE RULES AND REGULATIONS FOR THE USE OF THE NATIONAL CITY COMMUNITY CENTER WHEREAS, the rules and regulations for use of the National City Community Center, adopted by Resolution 93-119, do not include as a Category of Use events sponsored by the Mayor or City Council members; and WHEREAS, Staff recommends amending the Categories of Use listing to include events sponsored by the Mayor or City Council members and approved at Council with no fees assessed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby amends the rules and regulations for the use of the National City Community Center to include events sponsored by the Mayor or City Council members and approved at Council with no fees assessed. PASSED and ADOPTED this 2"d day of November, 1999. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. iser, I I, City Attorney CATEGORIES OF USE I City events organized or sponsored by the city. (NO FEES) II Events organized or sponsored by Mayor or Council members. (NO FEES) III Recreational activities of the Parks and Recreation Department. (NO FEES) IV City of National City employee groups (CUSTODIAL FEES ONLY) for official meetings. For other than official meetings, functions will be classified by use. V Educational groups. Educational activities organized and sponsored by any school located in National City, or OTHER GOVERNMENTAL AGENCIES. (RESOLUTION RATES AT DISCRETION OF COUNCIL) VI Civic groups. National City organizations which are democratic in character and organized for civic purposes, with membership or participation open to the general public, or designated elements thereof; or fundraising events for community improvements and/or charitable causes. (RESOLUTION RATES) VII Political advocacy. An individual, a group, a political party, sponsors of a ballot proposition, etc., for political advocacy purposes. Includes also a candidate's forum or a ballot proposition(s) forum. VIII Social groups. National City NON-PROFIT organizations which are democratic in character and organized for social purposes, with membership or participation open to the general public. (A National City organization is defined as one having National City residents predominate as officers of the organization, and with at least 75% of its active membership comprised of residents of the City of National City) (A non-profit organization is one whose articles of incorporation as non-profit have been endorsed by the California Secretary of State, and who submits either a receipt for payment of current California taxes or a current exemption for the payment of these taxes by the STATE FRANCHISE TAX BOARD.) Educational groups meeting for social purposes would be included in this category. IX Other. Proposed uses not falling readily into one of the above use categories will require the approval of the City Council. Rev. 10/99 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 2, 1999 AGENDA ITEM NO. 5 (-ITEM TITLE RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH EHM ARCHITECTURE FOR PROVIDING PROFESSIONAL SERVICES TO PREPARE PLANS, SPECIFICATIONS AND COST ESTIMATES FOR THE KIMBALL PARK BOWL OPEN-AIR AMPHITHEATER RENOVATION PROJECT, SPECS. NO. 99-8 PREPARED Y DIN DANESHFAR DEPARTMENT ENGINEERING EXPLANATION On June 1, 1999, the City Council directed the Staff to award a contract to EHM Architecture in the amount of $37,000 to prepare plans, specifications, and cost estimates for the Renovation of Kimball Park Bowl Open -Air Amphitheater. The proposed cost included the bidding and construction service fees. Based upon the City's Request for Proposals, EHM Architecture has proposed to complete the work in the total amount of $34,500.00 which excludes the fees for the bidding and construction services. The bidding and construction administration will be provided by the City. Staff has reviewed the consultant's submittal and found it in accordance with the project requirements and ready for execution. Environmental Review X N/A Financial Statement Funds ($249,273.44) are available 4069 and 301-509-500-598-4081 STAFF RECOMMENDATI Adopt the Resolution authorize total amount of $34,500.00. unt No. the entire project from Account Numbers: 301-509-500-598- Acc e ay&to dnterj(nto an Agreement with EHM Architecture for a BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. one copy of original Contract Agreement Resolution No. 99-176 A-2kpj9/80) RESOLUTION NO. 99-176 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING TUE MAYOR TO SIGN AN AGREEMENT WITH EHM ARCHITECTURE TO PROVIDE PROFESSIONAL SERVICES TO PREPARE PLANS, SPECIFICATIONS AND COST ESTIMATES FOR THE KIMBALL PARK BOWL OPEN-AIR AMPHITHEATER RENOVATION PROJECT (Engineering Specification No. 99-8) WHEREAS, on June 1, 1999, the City Council directed City Staff to award a contract to EHM Architecture in the amount of $37,000 to prepare plans, specifications and cost estimates for the Renovations of Kimball Park Bowl Open -Air Amphitheater; and WHEREAS, based upon the City's Request for Proposals, EHM Architecture has proposed to complete the work in the total amount of $34,5000, which excludes the fees for the bidding and construction services which will be provided by the City; and WHEREAS, Staff has reviewed the consultant's submittal and found it in accordance with the project requirements and ready for execution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City authorizes the Mayor to enter into an agreement with EHM Architecture to provide professional services to prepare plans, specifications and cost estimates for the Kimball Park Bowl Open -Air Amphitheater Renovation Project. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of November, 1999. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: GeorgeIser, III, City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND EHM ARCHITECTURE Oki/01444 THIS AGREEMENT is entered into this 2nd day of November , 1999 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and EHM Architecture (the "CONTRAC- TOR"). RECITALS WHEREAS, the CITY desires to, employ a CONTRACTOR to provide professional services for preparing plans, specifications and cost estimates for the Kimball Park Bowl Open Air Amphitheater Renovation, Specification No. 99-8. WHEREAS, the CITY has determined that the CONTRACTOR is eligible and is qualified by experience and ability to perform the services desired by the CITY; and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CON TRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "B". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "B" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Din Daneshfar hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Randal Jay Ehm, AlAthereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "B" shall not exceed the schedule given in Exhibit "D" (Schedule of Compensation) without prior written authorization from the City Engineer. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "B" as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by s, the CITY and for furnishing of copies to the CITY, if requested. Final payment of fees shall be made upon delivery of approved final plans, specifications, estimates, and other documents and permits to the City. The Federal Acquisition Regulations in Title 48 CFR31 are the governing factors regarding allowable elements of costs. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "E". 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR assigns to the CITY and thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of Page 2 Revised 5/99 the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 15 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within,the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. The CONTRACTOR is not an employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all State and Federal statutes and regulations, and all ordinances, rules and regulations of the City of Page 3 Revised 5/99 National City, whether now in force or subsequently enacted. The CONTRACTOR, and its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES. PERMITS. ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members- of the profession currently practicing under similar conditions and in similar locations. The CITY expects that the CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. The CONTRACTOR warrants to the CITY that it is not now, nor has it been for the five (5) years preceding, involved in arbitration or litigation concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of Page 4 Revised 5/99 compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRAC- TOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 14. DISADVANTAGED BUSINESS ENTERPRISE CONSIDERATIONS. The CONTRACTOR must give consideration to DBE Firms as specified in 23 CFR 172.5(e). 15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's performance of this Agreement. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code Page 5 Revised 5/99 and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain throughout the term of this agreement, the following insurance policies: A. Professional liability insurance with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of ,$1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of its employees and volunteers. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VHI according to the current Best's Key Rating Guide, or a company equal fmancial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. Page 6 Revised 5/99 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attomey's fees incurred by the prevailing party. 19. CERTIFICATION and EXHIBITS. The following certifications and exhibits have been attached hereto and incorporated herein as a part of this Agreement: Exhibit "A" - Exhibit "B" - Exhibit "C" - Exhibit "D" - Exhibit "E" - .Exhibit "F" - Exhibit "G" - Exhibit "H" - Exhibit "P" - Location and Description of the Project Description of Work to be Done by the Contractor Work To Be Done By The City Schedule of Compensation Schedule of Completion Disadvantaged Business Enterprises (DBE)CONTRACTOR Contract Requirements. Title 49, Code of Federal Regulations, Part 29, Debarment and Suspension Certification. Certification of CONTRACTOR. Certification of City. 20. DOCUMENTATION - The CONTRACTOR shall document the results of the work to the satisfaction of the City and the State. This may include preparation of progress and final reports, plans, specifications, and estimates, or similar evidence of attainment of the agreement objectives. 21. CONTRACTOR'S ENDORSEMENT ON PS&E/OTHER DATA. The responsible CONTRACTOR/engineer shall sign all plans, specifications, estimates (PS&E) and engineering data furnished by him/her and where appropriate, indicate his/her registration number. 22. GOVERNMENT CODE SECTION 7550. The CONTRACTOR shall comply with the requirements of Government Code, Section 7550, with respect to the required notice on any documents or written reports prepared, as follows: a. Any document or written report prepared for or under the direction of a State or Local Agency, which is prepared in whole or in part by non -employees of such Page 7 Revised 5/99 Agency, shall contain the numbers and dollar amounts of all contracts and subcontractors relating to the preparation of such document or written report, provided, however, that the total cost for work performed by non -employees of the agency exceeds five thousand dollars ($5,000). The contract and subcontract numbers and dollars amounts shall be contained in a separate section of such document or written report. b. When multiple documents or written reports are the subject of product of the contract, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or written reports. 23. PATENT RIGHTS. The patents rights provisions in Title 41 CAR 1- 9.1. are the governing regulations. 24. MEDIATION/ARB1'1'RATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties 4gree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties tosthe 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. 25. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if Page 8 Revised 5/99 any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 26. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by ' overnight mail, the 'business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY:. Mr. Burton S. Myers City Engineer City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: Mr. Randal Jay Ehm EHM Architecture 1016 West Washington Street_ San Diego CA 92103-1808 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 37. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of Page 9 Revised 5/99 treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR -shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 28. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. Refer to Section 19. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. Page 10 Revised 5/99 H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY CONTRACTOR By: George H. Waters, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney Din -contract Page 11 Pr pal Architect (Title) Revised 5/99 EXHIBIT A KIMBALL PARK BOWL OPEN AIR AMPHITHEATER RENOVATION Specification No. 99-8 October 8, 1999 LOCATION AND DESCRIPTION OF PROJECT This project is located in the City of National City, County of San Diego, State of Califomia in Kimball Park. The project is sited in the northeast corner of the park at the existing Kimball Park Bowl Open Air Amphitheater. The project consists of renovation and upgrading of the existing open-air amphitheater. The project will include the installation of colored concrete paving, landscaping, irrigation, drainage improvements and other related work as specified hi the attached Exhibit B and plans provided to Ehm Architecture in the Request for Proposals. EXHIBIT B KIMBALL PARK BOWL OPEN AIR AMPHITHEATER RENOVATION Specification No. 99-8 October 8, 1999 SCOPE OF SERVICES 1. Project Administration, Management and Coordination A. Project Administration: Ehm Architecture shall consult with the City, research applicable design criteria, attend Project Meetings and communicate with members of the Project Team directly and through issuance of progress reports. Ehm Architecture shall coordinate the services provided by the Architect and his consultants with those services provided by the City and the City's consultants, if any. Deliverables: Meeting Agenda, Meeting Minutes and Monthly Progress Reports. The City of National City has delivered disks containing electronic copies of the site plan, topographic survey and related drawings to Ehm Architecture for its use in completing this project. B. Scoping Meeting and Project Scheduling: Our initial task will be to schedule a meeting with the City Project Representative to develop a complete scope_ for the project. When project requirements have been sufficiently identified, Ehm Architecture shall prepare a Project Schedule that shall identify project milestone dates for decisions required of the City, design services provided by the Architect and completion of documentation provided by the Architect and his consultants. The Project Schedule will be updated monthly throughout the project. Deliverables: Detailed Scope of Work and Project Schedule; addenda to the Professional Services Agreement, as necessary. C. Programming and Project Budget: Ehm Architecture shall consider the value of alternate materials, building systems and equipment, together with other considerations based upon the Program Document, project budget and aesthetics in developing the design of the Project. Deliverables: Complete Program Document, including Scope of Work, Preliminary Estimate of Construction Cost and Project Schedule updates. D. Regular Status Meetings: We will conduct status meetings with the City throughout the project. These meetings will be scheduled as work progresses, with a minimum of one meeting every four weeks. Upon the request of the City, Ehm Architecture shall make a presentation to explain the design of the Project to representatives of the City. Regular jobsite meetings will be scheduled on a weekly basis during construction up to Project Closeout. Deliverables: Meeting Agenda and Meeting Minutes. 2. Design Development Services A. Basic Services: Services in this phase include Project Administration, Consultant Coordination, Agency Consulting, Architectural Design and Documentation and Cost Estimating. Engineering systems will be reviewed to resolve potential conflicts, and the Preliminary Estimate of Construction Cost will be refined into a Statement of Probable Construction Cost. All consultants will be involved in the design of related elements during this phase. The Architect shall provide Design Development Documents based on the City -provided Schematic Design Documents and on the updated budget for the Cost of the Work. The Design Development Documents shall illustrate and describe the refinement of the design of the Project, establishing the scope, relationships, forms, size and appearance of the Project by means of plans, sections and elevations, typical construction details and equipment layouts. The Design Development Documents shall also include specifications that identify the major materials and systems and establish in general their quality levels. Page 1 Deliverables: Preliminary Site Plan, Floor Plan, Exterior Elevations and Building Sections, Civil Engineering Plans and Details, Electrical Engineering Plans and Details, Mechanical Engineering Plans and Details, Landscape Plans and Details, Outline Specifications B. Documentation: Ehm Architecture shall submit design documents to the City at intervals appropriate to the design process for purposes of evaluation and approval by the City. Ehm Architecture shall be entitled to rely upon approvals received from the City in the further development of the design. Deliverables: Presentation design drawings indude only Site Plan with landscaping, Floor Plans and Exterior Elevations. Three-dimensional renderings may be provided as an Additional Service, at the request of the City. C. Evaluation of Budget and Cost of the Work: The Preliminary Estimate of Construction Cost as developed in the Programming Phase will be updated as the project progresses. The Architect shall advise the City of any adjustments to previous estimates of the Cost of the Work indicated by changes in Project requirements or general market conditions, and shall issue an update in the form of an Estimate of Probable Construction Cost. If the Estimate exceeds the City's budget, the Architect shall make appropriate recommendations to adjust the Project's size,quality or budget Deliverables: Estimate of Probable Construction Cost 3. Construction Documents and Permitting Phase A. The Architect shall provide Construction Documents based on the approved Design Development Documents and updated budget for the Cost of the Work. The Construction Documents shall set forth in detail the requirements for construction of the Project. The Construction Documents shall also include Drawings and Specifications that establish in detail the quality levels of materials and systems required for the Project. The City of National City has provided a list of items that may be included in the construction contract if the budget allows. Ehm Architecture and its consultants will incorporate these items as "Bid Additive" items into the Construction Documents under this agreement. All production documents generated by Ehm Architecture will be produced in Autocad Version 14. Ehm Architecture utilizes the Redi-Check system as the trss and format for our in-house document review and coordination. Project Managers are responsible for thorough coordination with the work of consultants for avoidance of conflicts, efficiency of construction and proper location of building system components. Deliverables: One complete set of reproducible plans and specifications and one electronic copy of the plans and specifications at 75% and 100% completion, respectively. 4. Bidding and Negotiation Phase Services for this phase are not included under this Agreement. 5. Construction Administration Phase, Final Inspection and Closeout Services for this phase are not included under this Agreement. Page 2 SCOPE OF WORK The following is a listing of scope items as provided to the Contractor by the City. These items have been grouped together by discipline, and therefore are listed in an order different from their order in the City's Request for Proposals. Items involving the services of more than one discipline are listed under each discipline: DESIGN SCOPE OF WORK Prior to proceeding with the Design phase of the Project, the City shall provide the Architect with all available as -built drawings, including site plans, landscape plans, topographic information, and engineering drawings of structural, electrical and mechanical disciplines relative to this Project. The City has provided the Architect with an electronic copy of available drawings reflecting as - built conditions of the site. The Architect shall be entitled to rely upon the accuracy of any documentation provided by the City. Architecture 1. Install integral color concrete stair. 2. Install concrete monument sign with cast -in -place reveal signage. 3. Sandblast, patch and repair existing concrete monument and concrete walls; resurface all concrete on existing monument and walls noted on City -provided plans. 4. Install heavy-duty galvanized pipe rail, bent and formed,; 5. Replace three existing flagpoles with fiberglass -reinforced plastic or stainless steel flagpoles at locations similar to existing (wall -mounted to face of monument). 6. Relocate existing plaques. 7. Replace existing roof and hatch. Clean out and repair existing drains. 8. Replace all existing doors and frames with heavy-duty, galvanized steel doors and frames. 8. Remove door and frame, and infill door opening with masonry wall at front of storage area. Provide a recess in the new wall for a new waterproof electrical panel enclosure. 10. Replace existing ticket window with similar ticket window and secure with decorative stainless steel grille. 11. Replace guardrail and handrails at side stairs with heavy-duty galvanized pipe rail, bent and formed, and repair spelling concrete at platform. Civil Engineering 1. Install concrete pad for vending cart or stands. 2. Install new wide concrete curb/low retian ing wall with height as required to retain existing planting area. Structural Engineering 1. Install concrete monument sign with cast -in -place reveal signage. 2. Replace three existing flagpoles with fiberglass -reinforced plastic or stainless steel flagpoles at locations similar to existing (wall -mounted to face of monument). 3. Replace existing concrete playing field wall to match existing, as necessary. Electrical Engineering 1. Replace all existing area lighting for seating, walks and landscape with new lights and light posts, and provide four additional lights and posts in locations as shown on City -provided plans. 2. Provide a new waterproof electrical panel enclosure in the new storage area masonry wall recess. 3. Install additional armhead to existing single -head street light to increase lighting level at front of monument. Mechanical Engineering 1. Install continuous trench drain, drainpipe and discharge through new curb drain as required for proper drainage. 2. Relocate existing backflow preventer to new landscape area. 3. Adjust existing water meter box to a level flush with new, adjacent concrete. Landscape Architecture 1. Construct integral color concrete paving with salt -texture finish. 2. Install colored, imprinted concrete (stamped concrete) borders. 3. Re -landscape planting areas using a combination of low shrubs and turf. 4. Replace irrigation system as required to accommodate new planting areas and new paving. Page 3 DEMOLITION SCOPE OF WORK Architecture 1. Remove existing trees. 2. Remove existing shrubs. 3. Remove existing paving and sidewalks in front of monument. 4. Remove existing rock wall. 5. Remove existing signs and posts. 6. Remove existing plaques. Relocate to front face of monument. Remove approx. 18" square by approx. 2" thick high relief from surface of front walls in preparation for plaque installation. 1. Civil Engineering 1. Patch concrete at drinking fountain demolition area. 2. Remove approximately 12" high raised concrete step/platform and provide flush concrete 3. Remove existing curb and infill existing planters where occur on each side of monument with new concrete paving. II. Electrical Engineering 1. Remove existing light standard on roof. III. Mechanical Engineering 1. Remove existing concrete drinking fountain and adjacent step. ALTERNATE ITEMS TO BE INCLUDED IN THE CONSTRUCTION CONTRACT IF BUDGET ALLOWS Architecture 1. Replace existing restroom doors and frames with heavy-duty galvanized steel doors and frames. 2. Provide new 6' wide heavy-duty galvanized pipe stair rail, bent and formed with new walkway between playfield and slab in front of restrooms. 3. Provide heavy-duty galvanized pipe rail, bent and formed, along the centerline of stairway aisles and on outside of side aisles. 4. Sandblast and repaint all existing railings. IV. Civil Engineering 1. Replace existing concrete playing field walls. 2. Patch and repair concrete and fill all existing 1-1/2" expansion joints in amphitheater seating area. V. Electrical Engineering 1. Replace existing electrical cabinet as directed by the City. 2. Provide new power supply as required by the City. VI. Mechanical Engineering 1. Relocate existing irrigation controller to existing room inside monument. Page 4 EXHIBIT "C" "WORK TO BE DONE BY THE CITY" 1. The City will provide available plans related to the project. 2. The City will provide available aerial photos, contour maps, electronic copies of the site plans, etc. related to the project. 3. The City will provide plan-mylar sheets with the City title block to be used by the Consultant for the preparation of the project plans. DD;5 EXHIBIT D KIMBALL PARK BOWL OPEN AIR AMPHITHEATER RENOVATION Specification No. 99-8 October 8, 1999 SCHEDULE OF COMPENSATION 1. Project Administration, Management and Coordination A. Project Administration: $1,600 B. Scoping Meeting and Project Scheduling: 800 C. Programming and Project Budget: 1,000 D. Regular Status Meetings: 1,600 Total Cost for Project Administration, Management and Coordination $ 5,000 2. Design Development Services This phase includes architectural and engineering services for the incorporation of all other work as described in Exhibit B, Scope of Services I Scope of Work. A. Basic Services: $ 12,000 B. Documentation: 5,000 C. Evaluation of Budget and Cost of the Work: 2,000 Total Cost for Design Development Services $ 19,000 3. Construction Documents and Permitting Phase A. Total Cost for Construction Documents and Permitting $ 10,500 4. Bidding and Negotiation Phase Servicesfor this phase are not included under this Agreement. Not in Contract 5. Construction Administration Phase, Final Inspection and Closeout Services for this phase are not included under this Agreement. Not in Contract GRAND TOTAL FEE $ 34,500 Page 2 EXHIBIT E SCHEDULE OF COMPLETION KIMBALL PARK BOWL OPEN AIR AMPHITHEATER RENOVATION Specification No. 99-8 October 8, 1999 PROPOSED PROJECT SCHEDULE Program Review 14 Calendar Days Construction Drawings I Specifications 50% Submittal 30 Calendar Days City Review 14 Calendar Days 95% Submittal 14 Calendar Days City Review 7 Calendar Days 100% Submittal 7 Calendar Days Subtotal 86 Calendar Days As -Built Drawings* and Project Closeout 14 Calendar Days Total Estimated Project Timeline 100 Calendar Days As -Built drawing services will be provided only for those items requiring modification due to an error or omission in the drawings by the Architect or his Subconsultants. Changes requested by the City or made by the Contractor for any other reason may be incorporated into the record drawings as an Additional Service, at the request of the City of National City. Exhibit "F" DISADVANTAGED BUSINESS ENTERPRISE (DBE) CONSULTANT CONTRACT REQUIREMENTS' Project Location/Identification The provisions of Title 49, Part 23, Code of Federal Regulations (49 CFR 23) and the City of National City 's adopted DBE Program require that Disadvantaged Business Enterprises (DBEs) have the opportunity to participate in federally -funded, transportation projects. The agency has established a goal of (15%) DBE participation in this consultant contract. In order to meet these requirements, the following criteria have been established: 1. Participation by Caltrans' certified DBEs as a prime -consultant or sub -consultants in this contract or 2. A good faith effort by the prime consultant in toting to secure participation by DBEs prior to award of this contract. Documentation of a good -faith -effort is to be submitted in writing and consists of the following: a) A list of Caltrans' certified DBEs solicited. b) Description of efforts to use the services of available minority community organizations; minority contractor groups; women contractor groups; and local, State, and Federal minority business assistance centers in the recruitment and placement of DBEs including name of contact, date of contact, and information they provided. c) Identification of the portions of the work to be performed by DBEs including type of work and dollar -value. d) Documentation of good -faith negotiations between subcontractors and interested DBEs including names and dollar -values of all bids. DBE Participation in Basic Services Proposal Ehm Architecture is a Small Business Enterprise with CalTrans certification pending (56% participation) Burkett & Wong, Structural Engineer is 100% minority owned, but is not CalTrans-certified (6% participation) E. Ricci & Associates is 100% minority owned, but is not yet CalTrans-certified (7.8% participation) CalTrans-Certified DBE Participation Firm Name Discipline Percentage Participation DBE Marum Associates Landscape Architecture Total DBE participation of certified and non -certified firms is 81.6%. 11.8 % WBE Include goal as part of the contract announcenient & DBE use in contract requirements and negotiations Exhibit "G" DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • Has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • Does not have a proposed debarment pending; and • Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility, For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. Exhibit "H" CERTIFICATION OF CONSULTANT I HEREBY CERTIFY that I am the Owner/Principal Architect and duly authorized representative of the firm of Ehm Architecture whose address is 1016 West Washington Street San Diego, CA 92103-1808 , and that, except as hereby expressly stated, neither I nor the above firm that I represent have: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement; nor (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; nor (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this agreement. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this agreement involving participation of Federal -aid Highway funds, and is subject to applicable State and Federal laws, both criminal and civil. 8-20-99 (Date) Exhibit "I" CERTIFICATION OF LOCAL AGENCY I HEREBY CERTIFY that I am the of the City of National City , and that the consulting firm of or its representative has not been required (except as herein expressly stated), directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this Agreement to: (a) employ, retain, agree to employ or retain, any firm or person; or (b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation, or consideration of any kind. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this Agreement involving participation of Federal -aid Highway funds, and is subject to applicable State and Federal laws, both criminal and civil. (Date) (Signature) ACORD CERTIFICATE OF LIABILITY INSURANCECSR Lw —1 DATE (nJenlo ' 10/2/9'L/99 EXTEND OR BELOW. PRODUCER Cavignac & Associates 501 West Broadway, Suite 1340 San Diego CA 92101-3505 Phone:619-234-6848 Fax:619-234-8601 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, ALTER THE COVERAGE AFFORDED BY THE POLICIES INSURERS AFFORDING COVERAGE INSURED EHM Architecture 1016 West Washington Street San Diego CA 92103 1 INSURERA: St. Paul Fire & Marine Ins. Co INSURERS: American Motorists Ins. Co. INsuRERc: Associated International INSURERD: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURE) NAMED ABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POL CES BRIBED HEREIN IS SUBJECT TO ALLTHE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MSR UM TYPE OF WM MAWM POLICY NUMBER POLICYEFFenNE DATE (MMODIYn POLWYEXPIRATION DATE (MMIDOf Y) WARS A GENERAL LIABILITY COMMERCIAL GENERALLIABILIre RP06656649 - 02/08/99 02/08/00 EACH OCCURRENCE $1,000,000 X FIRE DAMAGE (Any onefire) $ INCLUDED CLAIMS MADE X OCCUR MED EX(Myone person) $ 5,000 X Broad Form PERSONAL&ADVINJURY $1,000,000 X Blkt Contractual GENERAL AGGREGATE $ 2, 000, 000 $-0- DADUCTIBLZ APPLIUS GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG $ 2,000,000 POLICY X PRO- AKT LOC A AUTOMOBILE LIABILITY MA'AM ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-0WNEDAUTOS RP06656649 NO CpNP1Wr MOM AUTOS 02/08/99 02/08/00 COMBBIED SINGLE UMIT (Ell attld')' $1,000,000 BODILY IN,fl1RY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY -EA ACCIDENT $ (MERMANTAACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ $ B WORKERS COMPENSATION AND EMPLOYERS LIABILITY 7CW33352501 02/08/99 02/08/00 We STAT U-MBS, ER OI ITORY LI EL.EACHACCIDENT $1,000,000 E.OLSEASE-EAEMPLOYEE $ 1, 000, 000 E.L. DISEASE - POLICY LIMB $ 1, 0 00 , 0 0 0 C OTHER Professional Liability AEP452872 02/08/99 02/08/00 *Limits $1,000,000 Deduct. $ 5,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *Professional Liability - Claims Made Form, Aggregate Limit Policy. Defense Costs Included within Limit of Liability. *10 days notice for non-payment of premium. Certificate Holder is Additional Insured as respects General Liability. CERTIFICATE HOLDER ](� ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION NATIO-1 City of National City Engineering Dept. Attn: Din Daneshfar 1243 National City Blvd. National City, CA 91950 ACORD 25-S (7/97) SHOULD ANY OF THE A • !' DESCRIBED ///' e ICIES BE CANCELLED BEFORE THE EXPIRATION DATE THE F, INSURER WILL " "•'^Il T1 MAIL *30 DAYCjIFICAT NAMED TO THE LEFT Dorot r . son ACORD CORPORATION 1988 P.LA.N. ENDORSEMENT This endorsement changes your Package Accounts For Commercial Enterprises Protection. ARCHI'1'1.ui MOSHER, DREW, WATSON & FERGUSON Policy #RP06647124 n1eStEkui How Coverage Is Changed There are several changes in your. • General Rules; • Property Protection; • Blanket Employee Dishonesty Protection; and • Commercial General Liability Protection. General Rules The following section is added. This change limits our right to' apply the Recovering Damages From A Third Party rule in the General Rules. Waiver of rights of recovery. We won't aooly tr1e Recovering Damages rom A Third Party rule when a work contract requires that this rule not be applied. But we'll do so only for payments we make because of covered iniury or damage that results from work done by or for you under that contract. And only if you enter into that contract before the iniury or damage happens. For other contracts you enter into, the Waiver Of Rights Of Recovery Endorsement may be added to this agreement. But we'll add that endorsement for a contract only when we both agree it should be added. Work contract means a contract you enter into for work to be done by or for you. Property Protection There are six changes which are explained below. 1. The following section is added to the first paragraph in the What This Agreement Covers section. This change explains the limit of coverage that applies to your property protection. Blanket Property Protection Your property protection applies on a blanket basis. The limit of coverage is the combined total of your buildings, business contents, and sign values shown on the location coverage summary. 2. The following replaces the first paragraph of the Money And Securities Coverage ,section. If you have business contents coverage, we'll automatically cover your money and securities losses up to a limit of $10,000 inside and $5,000 outside unless money and securities limits are shown in the Coverage Summary. If limits are shown in the Coverage Summary, they are in addition to these limits. This will be the most we'll pay for all covered loss or damage caused by any one event, no matter how many locations are covered. These limits are separate from your business contents limit. 3. The following replaces the second paragraph of the Accounts Receivable Coverage section. We'll automatically cover your accounts receivable loss up to $25,000. This is the most we will pay for all covered loss or damage caused by any one event. If a limit is shown in the Coverage Summary, that limit is in addition to this limit. This limit is separate from your business contents limit. 4. The following replaces the second paragraph of the Valuable Records Coverage section. We'll automatically cover your valuable records up to $25,000 at each insured location. This is the most we will pay for all covered loss or damage caused by any one event, no matter how many single items are lost or damaged. If a limit is shown in the Coverage Summary, PA045 Ed. 10-96 Printed in U.S.A. Endorsement ©St.Paul Fire and Marine Insurance Co.1996 All Rights Reserved Page 1 of 3 Th°Sipaui that limit is in addition to this limit. This limit is separate from your business contents limit. 5. The following is added to the Optional Coverages section. We'll provide a limit of $25,000 for all covered losses under Optional Computer Coverage. We'll also provide a limit of $10,000 for all covered losses for data and media covered under the Optional Computer Coverage. We'll provide a limit of $10,000 for all covered losses under Optional Sewer Back-up Coverage. These limits are the most we will pay for all covered losses under the Optional Computer Coverage and Optional Sewer Back-up Coverage in any one event. If a limit is shown on the Coverage Summary for any of these coverages, that limit is in addition to these limits. 6.. The following replaces the Computer breakdown coverage deductible section. Computer breakdown coverage deductible. You are responsible for the first $1,000 of property loss per event for loss or damage covered under computer breakdown coverage. This deductible does not apply to any loss caused by lightning, nor does it apply to any loss caused by or resulting from fire or explosion. Blanket Employee Dishonesty Protection The following replaces the first paragraph in the Limit Of Coverage section. The most we'll pay for loss in any one event is $10,000. This limit of coverage applies regardless of how many protected persons are affected by the loss. If a limit is shown in the Coverage Summary, that limit is in addition to the $10,000. Commercial General Liability Protection There are three changes which are explained below.. The first two changes apply only if you are a covered architect or engineer. 1. The following is added to the Partnership or joint venture section under the Who Is Protected Under This Agreement. This change broadens coverage. You are also a protected person for your participation in any joint venture with other architects or engineers, either past or present, that isn't named in the Introduction, but only for the conduct of your business. However, this protection doesn't apply if the unnamed joint venture has direct employees or owns, rents, or leases any real or personal property. Nor does it apply to any other member of the unnamed_ joint xenture.... If the unnamed joint venture has separate insurance with limits of liability that haven't been used up in the payment of judgments and settlements, this agreement will apply only as excess insurance for you. 2. The following is added to the Who Is Protected Under This Agreement section. This change adds certain protected persons and limits their protection. Person or organization under contract. Any person or organization wno is reauired by a work contract to be made a protected oerson under this agreement is a orotPsted person. But only for covered injury or damage that results from the work done by or for you under that cones For other work done by or for you, or other contracts you enter into, certain persons or organizations may be made protected persons under this agreement with additional protected persons endorsements which provide limited protection. But we'll add an additional protected persons endorsement only when we both agree that it should be added. And the additional premium if any, is paid when due. Page 2 of 3 ®St.Paul Fire and Marine Insurance Co,1996 All Rights Reserved TheStRiul Retired persons. Your retired directors, officers, employees, and individual partners or owners are protected persons. But only for covered injury or damage that results from services performed for you under your direct supervision. 3. The following replaces the first paragraph in the Other Insurance section. change explains how we'll apply this pnrv!vment in connection with your Work fnr an additional protected person who requires that this insurance be primary. This agreement is primary insurance., We'll also consider this agreement to be primary insurance for covered mlurryy or damage that results trom your work ,tor the additional protected person. We'll consider any other insurance maintained by that additional protected person to be excess of and not contributory with this agreement. If there is any other valid and collectible insurance for injury or damage covered by this agreement, the following applies. Other Terms All other terms of your policy remain the same. PA045 Ed. 10-96 Printed in U.S.A. Endorsement ®St -Paul Fire and Marine Insurance Co.1996 All Rights Reserved Page 3 of 3 NON —OWNED AUTOS ADDITIONAL PROTECTED PERSONS ENDORSEMENT TTiis endorsement changes your Liability Protection For Autos You Don't Own. Architects Mosher, Drew, Watson & Ferguson Policy #RP06647124 How Coverage Is Changed The following is added to the Who Is Protected Under. This Agreement section. This change broadens coverage by adding certain protected persons, but limits that protection. Person or organization under contract Any person or organization who is required by a work contract to be named as a protected person under this agreement is a protected person. But only for covered bodily injury or property damage that results from the work done by or for you under that contract. Other Terms All other terms of your policy remain the same A0025 Ed. 10-95 Printed in U.S.A. Endorsement Page 1 of 1 ®St.Paul Fire and Marine Insurance Co.1995 All Rights Reserved City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE (ITEM TITLE DRAFT LEI ER TO COUNTY REGARDING A WIRELESS COMMUNICA- TIONS FACILITY PROPOSED IN LINCOLN ACRES. November 2, 1999 PREPARED BY Ron Santos — Assistant Planner EXPLANATION 6 AGENDA ITEM NO. DEPARTMENT Planning The County of San Diego has requested comment on a proposal for a wireless communications facility near the intersection of Prospect Street and the I-805 freeway, in unincorporated Lincoln Acres. The project includes a 35 foot tall antenna structure - designed to simulate the appearance of a palm tree, and six metal - finished equipment cabinets. The facility is proposed in the rear yard of a developed residential property, pre -zoned RS-2 for potential future annexation to the City. The antenna structure would be visible from the I-805 freeway. The attached letter discourages approval of the application on the basis that the proposed facility would not be permitted under the City's zoning regulations. The letter encourages co -location of the proposed facility with a wireless facility existing nearby - approved by the County in 1996. The letter also recommends measures to reduce potential visual impacts of the proposed facility, to be applied in the event the facility is approved at the location proposed. Absent direction from the Council to provide other comments, the letter will be transmitted. Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Authorize transmittal of the letter. ' 40 BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Letter to the County of San Diego 3. Information on proposal from County 2. Project location Map A-200 (9/80) City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR ovem er 3, 1999 Project Processing Control Center County of San Diego Department of Planning and Land Use 5201 Ruffin Road, Suite B San Diego, CA 92123-1666 RE: ZAP99-028 This letter is being provided in response to a request for comments on a discretionary permit application for a wireless communications facility. The project site, 2524 Prospect Street, is lo- cated contiguous to the City limits; in National City$ Sphere of Influence, and on property pre - zoned by the City for potential future annexation. We request consideration of the concerns stated below in light of this potential for annexation and the potential for the proposed project to impact National City property owners, residents and those traveling through the City on 1-805. The project site is pre -zoned RS-2 (Single-family Residential Small Lot). Wireless communica- tions facilities are not permitted uses in the City's residential zones. Consequently, the City discourages approval of this application and recommends that the applicant be encouraged to co -locate the proposed facility with the facility existing nearby at 2909 Shelby Drive — approved by the County Oct. 11, 1996 (Ref. Case #P95-025RPL1), in order to minimize visual impacts. In lieu of co -location, the City recommends the following measures to mitigate the visual im- pacts of the proposed facility: 1. Planting of mature palm trees alongside the proposed "monopalm", with consideration to the appropriate species of palm (i.e., that which most closely resembles the proposed monopalm). 2. Construction of an enclosure, architecturally compatible with nearby residential structures, for the proposed equipment cabinets, in lieu of the chainlink fence/barbed-wire combina- tion. The use of barbed wire, particularly in combination with chainlink, is discouraged by the City's Design Guidelines. 3. Replacement of the proposed square -trunk monopalm with a more realistic looking circu- lar -trunk monopalm. The City would be interested in reviewing plans for any revised proposals, as well as any photo -simulations available to aid in an assessment of potential visual impacts. Also, please advise of any hearings to be scheduled on this project. Thank you for providing us the opportunity to comment on the proposed project. Please direct questions regarding this matter to Assistant Planner Ron Santos at (619) 336-4311. Sincerely, ROGER POST Planning Director ® Recycled Paper * T NORTH Project Site, 2524 Prospect Street LOCATION MAP I DRAWN DATE: NATIONAL CITY PLANNING 10/27/99 • • ■AssNT OF PLANNINGi AND t_ANC► USE pF SAN D1EGO • pEPARTME COUNTY REQUEST FOR AGENCY RECOMMENDATION • Date: Assessor's Parcel Number. Project L tin• 11 Case Number. Requested Response Date: ri NATIONAL CITY PLANNING DEPART I NT OCT 2 5 1999 oca o the Attached to this transmittal is a project that was recently submit ed to the Depament of Planning and Land Use for the protection of the public heatth, safety and welfare. The Department is requestingan ageto the ncy Control development Department within above. ys as indicated by he response date entered aboveen comments there are any questions regarding Center applicationtor in completingoot please contact the Project Processing Control Center at (858) 694-3292. this or in this form, Please include the case file number on all correspondence FOR SPECIAL DISTRICTS FIRE DISTRICT WATER AGENCY SEWER AGENCY SCHOOL DISTRICT FOR COUNTY TAX COLLECTOR FOR COUNTY DEPARTMENTS ANIMAL CONTROL LIBRARY AGRICULTURE PARKS & RECREATION ENVIRONMENTAL HEALTH SHERIFF FOR OTHER GOVERNMENTAL AGENCIES APCD CALTRANS LAFCO SANDAG RWOCB INCORPORATED CITY DEPT. OF FISH AND GAME STATE AND FEDERAL FORESTRY STATE DEPT. OF HEALTH AND EDUCATION Please review the proposal and provide this department with any additional information or conditions to be consid- ered in project review. Is the parcel delinquent ?: Yes No (circle one) Signature & date:. Please review the project proposal and provide written comment of departmental concerns to be considered dur- ing discrectionary review. This project may be in or adjacent to an area of concern to your jurisdiction. Please review the enclosed information and provide written comment as appropriate. nformation and FOR PRIVATE UTILITY AND ENVIRONMENTAL ten commenease of concethe rnso'be considered during vide writ - GROUPS discre- tionary review. DPLUs521A (6/99) 5201 RUFFIN ROAD. SUITE B. SAN DIEGO, CA 92123-1666 • (858) 694-2960 • MS 0850 • FAX (e58) e94-337 • :A.1.111 • COUNTY OF SAN 01E00 DEPAn1MENTOF PLANNING AND LAND USE SDI RUFFIN RDAD. MnES, SAN DESD.CA9212-16 DISCRETIONARY PROJECT APPLICATION Owner Name Address • 1E JAJ y /47.77n)6,iu.._ 2.5 Z4 Re-OSPCci City /4,69'1/0/JA6 Off, �',-pplicant Name / l/ ! jrr,(ie�c�s s $EA i//CES Phone (/vI') 45r0 -7,3S7 (if different from owner) Address gg05 A..l.'A ,9n,e / A.Yv , A f :# 24 JC City 54n) 0/E619 State /7,,4 Zip 9Z/Z Engineer Name ('PAi y /1,el`//7FC ?S� " Phone (7/4) 5-4-2- 7.500 Address Zee° N. T ST/1J , %f �WTE ,o City SANTA An C'A State zip 92705 Point of Contact 1 bo& 42ON,soAJ Project Name LINCOLR) ACAeES Address 2524 /gosisr - ST }Eb--7 / th?/0N/9-6 Cry/ 0 q,q$a Assessor's Parcel No 6.6,3- 06 Z - 73 01 05 000940 10/21/99 10:32AM 4900 TRUST FUND DEPOSITS $2,610.1 Work Auth: WN5609 REF: ZAP99028 ZK5609 4900 TRUST FUND DEPOSITS $1,200.6 Work Auth: WE0431 REF: 99-18-008 ZE0431 Phone ((/Y) 302- Fzg9 State ('A zip qmso Phone (09) 45©- 73 S7 J n pc' 9 1 1QQ(1 Li Have you had a pre -application conference? YES n NO ©If yes, Planner's name;`, he T 11F ? is AND USE I am able and intend to proceed with actual construction work and/or division of tslrid'in accordance with plans submitted herein within o ' s after ao�GiA'iTACH A LETTER OF AUTHORIZATION FOR AGENT (IF APPLICABLE). SpnaW,s of owner orAuthodzedAgent PAat PA6ru rA /0,/,‘/T Z P99--C2e Print or type S1gnators Name DPUU# 348 (11/08j EXISTING CHICKEN COOP EXISTING 2-STORY RESIDENCE EXISTING CHAIN LINK PENCE AT PROPERTY LI GEODETIC COORDINATE LOCATION AT PROPOSED SITE PROPOSED ATkT Ib'x28' CHAIN LINK PIIINCE LEASE ARRA - SEE SHEET A-2 POR RGNJIPMENT t "PALMTRRE" MONOPOLE INFORMATION NORTH PORTION LOT 94 LINCOLN ACRES DIRT LOT APN Pai002-010 MAP 1740 SITE PLAN SCALE: 1" = 4.0'-O" EXISTING BARN/SHED EXISTING S' HIGH CHAIN LINK PENCE AT PROPERTY LINE PROPOSED LOCATION OP EMERGENCY GENERATOR _a I PROPOSED AT4T 36' TALL! "PALMTREE" MONOPOLE SEE ELEVATIONS 'PROPOSED AT4T EQUIPMENT CABINETS MOUNTED ON NEW CONCRETE PAD ( SEE SHEET A-3 ) PROPOSED AT4T LEASE AREA LIMIT LINE NEW 6' HIGH CHAIN LINK PENCE W/ (3) STRANDS OP BARBED WIRE ABOVE I LEASE AREA PLAN 31'-2' r J EXISTING GRAVEL DRIVEWAY - EXISTING POWER POLE EXISTING CHAIN LINK PENCE PROPOSED UTILITY TRENCH POR POWER/TELCO CONDUITS TO AT4T LEASE AREA - COORDINATE W/ LOCAL UTILITY GOVERNING AUTHORITIES t 444>4‘,",?zir / c / 1A 4 -) WPST wit ELEVATION NEW AT4T 3S' HIGH "PALMTREB" MONOPOLE PROPOSED AT4T EQUIPMENT CASINETS MOUNTED ON NEW CONCRETG"PAD PROPOSED AT4T LEASE AREA WI 8' HIGH CHAIN LINK PENCE CWI (3) STRANDS OP BARBED WIRE) AT PERIMETER OP ENCLOSURE 8-m" APfs. - - - - - WP ONEW-CL. PENCE SCALE: U.°,I'-O" P0'4m" AP.G, 'IrPINISOI FLOOR EAST ELEVATION SCALI City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 11/02/99 AGENDA ITEM NO. 7 ITEM TITLE WARRANT REGISTER #17 PREPARED BY ROBERT A. RABAGO DEPARTMENT FINANCE EXPLANATION. Ratification of Warrant Register #17 per government section code 37208. Environmental Review N/A Financial Statement N/A Account No STAFF RECO ENDATION I recommend ratification of these warrants for a total of $781,919.05 BOARD/COMMISSIO RECOM NDATION C6riClcv A.04 TT eCHMENTS (Listed Below) 1. Warrant Register #17 2. Workmans' Comp Warrant Register dated 10/20/99 Resolution No A-200 (Rev. 9/80) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 2, 1999 AGENDA ITEM NO. 8 I. ITEM TITLE CLAIM FOR DAMAGES: Luis C. and Anamaria Garcia PREPARED BY Michael R. Dalla DEPARTMENT City Clerk EXPLANATION. The claim of Luis C. and Anamaria Garcia arises from an occurrence on September 19, 1999, and was filed with the City Clerk's Office on September 22, 1999 Environmental ReviewXX N/A Financial Statement N/A Account No. STAFF RECO ENDATION Deny the claim, and refer to the City Attorney. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. Copy of Claim for Damages A-200 (Rev. 9/80) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 2, 1999 i ITEM TITLE 9 AGENDA ITEM NO. CLAIM FOR DAMAGES: Scott Record dba Flood Rescue PREPARED BY Michael R. Dalla I DEPARTMENT City Clerk EXPLANATION. The claim of Scott Record dba Flood Rescue arises from an occurrence on August 4, 1999, and was filed with the City Clerk's Office on September 30, 1999 Environmental ReviewXX N/A Financial Statement N/A Account No STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (listed Below) Copy of Claim for Damages Resolution No. A•200 (Rev. 9/80) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 2, 1999 AGENDA ITEM NO. 10 (-ITEM TITLE Use of the Community Center by the National City Collaborative Family Resource Center on December 1, 1999 and Waiver of Fees PREPARED BY Burton Myers DEPARTMENT Public Works EXPLANATION The National City Collaborative Family Resource Center is requesting use of the Community Center on Wednesday December 1, 1999 for the Resource Center's annual Posada. Waiver of fees is being requested. Cost: Building $70356 Custodial 134.04 Kitchen 60.00 Total: $897.60 Insurance of $1 million must be provided ten days (November 19, 1999) prior to the event date. The applicant at the October 26th City Council meeting estimated that there would be approximately 27 families attending this function. Environmental Review X N/A Financial Statement Loss of $897.60 to the General Fu waiver of fees is requested. Account No. STAFF RECOMMENDATION Approve use of the Commu BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. National City Collaborative Family Resource Center letter dated October 15, 1999 NATIONAL CITY COLLABORATIVE FAMILY RESOURCE CENTER 304 WEST 18TH STREET ♦ NATIONAL CITY, CA 91950 (619)336-8360- RECEPTIONIST • (619)336-4990 - FAX • (619) 336-8336-DIRECT LINE • GOODYEM@MADLAH.ORG October 15, 1999 Mayor & City Council City of National City 1243 National City Blvd. National City, CA 91950 Dear Mayor & City Council: I am writing to clarify a request for the Community Center. A representative of the National City Collaborative Family Resource Centers had called Public Works to request the Community Center for the evening of Dec. 1 for the Family Resource Centers' annual Posada. During this holiday celebration, we provide a holiday dinner and entertainment for very low-income National City residents. We used the Community Center last year for this event. Public Works expressed concern that this event was "not of benefit to the overall city" and we were recommended to write this letter but also to look for another place to hold the event. We would like to make a brief presentation at a City Council meeting about the Posada and our diversity of services to make sure that all City employees are aware of our presence in this community. We also want to make sure that all city employees are aware that while we are not a city agency, the City is an active member of the National City Collaborative. We request to be put on the agenda for an upcoming City Council meeting. We appreciate your time and all your support of Collaborative activities. Thank you! Sincerely, Beatriz Mireles Mentor Leader Intern & Family Resource Center volunteer ,/ Cc: Tom McCabe Ads C) CAN1y Documents\kr. City.doc Page 1 10/18/99 NATIONAL CITY COLLABORATIVE FAMILY RESOURCE CENTERS October 20, 1999 Dear Executive Committee Members: We are writing this letter on behalf of the Family Resource Centers in National City. Our Centers have been serving the National City community since January of 1996. Our second Center just opened in January of 1999. Our services include medical and shelter referrals, emergency food, individual and family counseling, clothes closet, job training and information. We also work with the community to plan self improvement classes and trainings. On site child care is organized for those attending these activities. Each year, in an effort to brighten up the holidays for the families in our community, we host a "Posada" (Holiday Celebration.) We provide a holiday dinner and entertainment. We are giving you the opportunity to participate in the community through your donation to the Posada. Donations such as gift certificates, coloring books and crayons, candies and assorted toys are most welcome. All donations are greatly appreciated. We also hope that you and your staff can join us for the Posada.. This year's Posada is tentatively scheduled for December 1st at the National City Community Center. We will be in touch with you within a couple of weeks to answer any questions you may have and to provide information on accessing our services. In advance, we thank you for your generosity and look forward to meeting with you soon and scheduling a tour of either of our Centers. If you have any questions, please call Luz Maria Allshouse at 336-8360 or Teresa Marroquin at 336-8660. They are in charge of donations for this year's Posada. Sincerely, National City Collaborative Family Resource Centers Volunteer leaders and staff 304 W. 18" ST AND 2325 EUCLID AVE • NATIONAL CITY, CA • 91950 PHONE: 336-B360 OR 336-8659 • FAX: 336-4990 OR 336-8646 National City Collaborative Family Resource Centers - ■ 304 W. 18th St. National City, CA 91950 Phone: 619/336-8360 Fax: 619/336-4990 • 2325 Euclid Ave. National City, CA 91950 Phone: 619/336-8659 Fax: 619/336-8659 Hours: Monday — Friday, 8:00 a.m. — 5:00 p.m. HEALTH TEAM: > The Health Team is made up of two Nurse Practitioners, two Registered Nurses and two Medical Assistants, who provide services for the National School District and the two Family Resource Centers. The Registered Nurses and the Medical Assistants provide health services at the 10 school sites. ➢ Health Education Campaign: The Health Team in partnership with the Parents As Teachers program is providing a series of Health Presentations at different school sites. ➢ Students and younger siblings who do not have a medical provider and need to be seen can be referred to the nurse practitioners. The Nurse Practitioners examine, diagnose, initiate treatment, make necessary arrangements and connect families to a medical provider. ➢ Immunizations: Immunization clinics are scheduled bimonthly and are held at the different school sites. PAT PROGRAM AND CHILD CARE COORDINATION: ➢ The Parents as Teachers program offers child development information during monthly home visits to families with children ages 0-5. They also provide information and referrals to these families regarding resources available in the community. The Parents as Teachers educators also serve as child care coordinators for child care programs at both Family Resource Centers. CARE COORDINATION > The Care Coordination Team acts as a liaison and works with intense case management and offers counseling services. Two full time care coordinators attend school -related meetings and act as a support and advocate for the families of the National City community. The Care Coordination Team offers information and referrals on issues of family violence, drug and alcohol abuse, parent education and legal issues. The team also provides assistance with emergency services such as shelter and food. It also intercedes on behalf of the family when difficulties arise with CalWorks or any other institution. ACTIVITIES ➢ Parenting classes at different locations throughout National City. ➢ Informational meetings for school representatives, Family Resource Center representatives, and volunteers are held the last Wednesday of the month to share information about activities that are coming up at the different sites. ➢ A women's support group dealing with issues of domestic violence meets weekly. Volunteer opportunities are always available at the Family Resource Centers. Volunteers can assist with preparing mailings, child care activities, answering phones, outreach, organizing special activities, tutoring, and making copies. ➢ After school tutoring is available for National City students at different sites throughout the community. ➢ The Family Resource Centers work with the National School District to coordinate the uniform assistance program for families in need. ➢ Ongoing activities: Clothes closet, bread giveaway, free TB testing (at the Kimball School site), assistance with forms, La Pachanga (Community Potluck). ➢ Self Improvement classes such as ESL, cake decoration, Spanish Literacy, nutrition classes, leadership training, parenting classes are offered regularly. ➢ A career counselor is available to provide information on education, GED, and career options. Home Visits are offered by the Parents as Teachers Program to families enrolled in the program DEPARTMENT OF HEALTH AND HUMAN SERVICES AGENCY / INCOME MAINTENANCE ➢ An income maintenance worker is available at the Family Resource Center to provide information on locations of Health and Human Services Agency offices, documents needed when applying, the intake process and other general information regarding MediCal, food stamps and general relief. 1 C: NCCservices form City of National City, California COUNCIL AGENDA STATEMENT November 2, 1999 MEETING DATE AGENDA ITEM NO. 11 ITEM TITLE TEMPORARY USE PERMIT — SWEETWATER HIGH SCHOOL FIREWORKS DISPLAY PREPARED BY Kathleen Trees, Acting Dire RTM.AJ BuildinENT g and Safety EXPLANATION This is a request from Sweetwater High School to conduct a fireworks display during their homecoming half-time show in Hudgins Field, 2900 Highland Avenue. The event will take place on Friday, November 5, 1999, 9:00 p.m. to 9:30 p.m. The applicant is requesting a waiver of fees. The event and sponsoring organization meet the criteria of City Council Policy No. 704 for a waiver of fees. Environmental Review Financial Statement X N/A The City has incurred $101.00 in costs in processing the T.U.P. application through various City Departments. N/A Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval, and approve the request for a waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application For A Temporary Use Permit with recommended approvals and/or stipulations. A-200 (9/80) cIA200 DOC 001-3585-13000 CITY OF NATIONAL CITY BUILDING & SAFETY 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 APPLICATION FOR A TEMPORARY USE PERMIT APPLICATION IS HEREBY MADE FOR A TEMPORARY USE PERMIT PURSUANT TO THE PROVISION OF THE NATIONAL CITY MUNICIPAL CODE 15.60 AND AS DESCRIBED BELOW. Temporary Use Permits are ministerial administrative regulations intended to provide orderly and effective management of specific list of temporary land uses have exceptional characteristics requiring their review and limitations. Any permit applicant may appeal the action of the Building Official pursuant to Municipal Code section 15.60.045. Class A & B use Application for a Temporary Use Permit must be filed 15 working days prior to the commencement of the activity/event. Activities/events involving the use or areas of operation within the state highway jurisdiction shall be filed not less than six (6) month prior to the requested activity/event. PLEASE COMPLETE (Print or Type): SPONSORING ORGANIZATION(s): C-71-J11-c f\l 6 ORGANIZATION ADDRESS: �.rr. City LOCATION OF EVENT: Zcto0 Ik%2,-6t,A 5 Cik a19S-0 PHONE: (oL'i L(T'{-+'(6t(o State Zip Ftt:UT CSTY11. t ) DATE(S) REQUESTED FOR EVENT: FROM 0,1 S TO 50k eA HOURS OF USE ON DAY OF EVENT: FROM A.M. TO t - 3 A.M. / P.M. (BEGIN SETUP) DATE 1 \ IS TIME 7 A.M. /P.M. ( END SETUP) DATE 1(T� TIME A.M (BEGIN TEARDOWN) DATE S TIME It A.M. /P.M.— ( END TEARDOWN) DATE I I TIME I I A. M€ BRIEF DESCRIPTION OF EVENT: Wert... C t rv\. F t�E L�IL�K S \ sk sf," (A brief summary of the event/may be requested. A summary of the event activity may be attached to the application) NAME OF PERSON RESPONSIBLE FOR THE EVENT, WHO WILL BE ON -SITE THE DAY OF THE EVENT: .A-k/ 4 1-%hkutt " tik3 S tS'i�`kJ t i(-.;.� c..lQ 'rt✓ HOW MAY THIS PERSON BE CONTACTED? � `(Qt(o S-C-c1 'Z3tS SPECIFIC USE REQUEST: "^ti ^tom V t�v it v� u S4tt�� I P t s P 1.„A — sse_ a(F7-�l JUSTIFICATION- Two-, kilrews.r2 (,/,A.Z t iArz-St4-L REQUEST TO SELL OR SERVE ALCOHOL BEVERAGES: YES[ ] NO WILL FOOD/ DRINK BE SOLD: YES[ I NO[ ] (Note: The City Council will not approve the sale or consumption of alcohol in City parks in conjunction with any event requiring a T. U.P. This prohibition will not impact the existing policy regarding the sale or consumption of alcohol within buildings in the parks, such as the Community Center, which will continue to be subject to the approval of the City Council.) WILL TENTS OR CANOPIES BE USED?: YES j4] NO [ I (If "YES,", permit may be required from Fire Department) WAIVER OF FEES REQUESTED: YES [A, NO [ ] (If "YES," complete attached supplemental questionnaire form) FACILITIES: (When Applicable) REQUEST ASSISTANCE WITH THE FOLLOWING: NOISE, CROWD, TRAFFIC CONTROL: kc&I)r> c ' ti-- C. Jac (- CL% `t, g Tam(_ SECURITY CONTROL: f5 c-Q i y�ld Cc� J PARKING/BARRICADES: EXTERIOR LIGHTING/ELECTRICAL: s?Xr3 3 V 1 f r G[ D I6 rJ ime-tom S TRASH DISPOSAUSITE CLEAN-UP AFTER EVENT: e Kis SANITARY FACILITIES: 2 y4- PLEASE COMPLETE (Print or Type) NAME OF APPLICANT: ' [� 4 PHONE: \f-7�{_Ct61'`P ADDRESS: 2q y�' '""G���"�j pr DATE: 16' Z t [ SIGNATURE OF APPLICANT: (THIS FORM BECOMES A PERMIT WH (FOR OFFICE USE ONLY) PERMIT FEES: PERMIT NO.: USE GROUP: A USE CLASS: A BOND: N/A PERMIT EXPIRATION DATE: I SPECIFIC STIPULATIONS / COMMENTS: (See Attached) NDORSED BY THE BUILDING & SAFETY DIRECTOR) BUILDING AND SAFETY DEPT. RECEIVED uCT 22 1999 NATIONAL CITY, CALIF. VA 10 (Check Where Applicable): PLANNING YES [ ] NO [ ] SEE STIP I ] al Date /D 66M FIRE YES [ ri)/ NO [ ] SEE STIP [ vI nitial Date PUBLIC WORKS YES [ ] NO [ ] SEE STIP [ 1 Initial Date FINANCE YES [ ] NO [ ] SEE STIP [ ] Initial Date POLICE YES [ ] NO [ ] SEE STIP [ Initial Date PARKS & REC. YES [ ] NO [ ] SEE STIP [ I Initial Date ENGINEERING YES [ ] NO [ ] SEE STIP [ ] Initial Date CITY ATTORNEY YES [ ] NO [ ] SEE STIP [ ] Initial Date RISK MANAGER YES [ 1 NO [ 1 SEE STIP [ ] Initial Date Initial Date COMMUNITY DEVELOP. YES [ ] NO [ ] SEE STIP [ ] OTHER YES [ ] NO [ ] SEE STIP [ ] Initial Date CITY COUNCIL MEETING DATE: November 2, 1999, 3:00 p.m. TEMPORARY USE PERMIT: APPROVED [ ] DENIED [ ] WAIVER OF FEES: APPROVED [ ] DENIED [ ] PROPERTY NOTIFICATION REQUIRED: YES [ ] NO [ ] COMMENTS: 7 DATE City of National City Building & Safety Department 1243 National City Boulevard National City, CA. 91950 TEMPORARY USE PERMIT FEE WAIVER REQUEST SUPPLEMENTAL OUESTIONNAmE City Council Policy No. 704 contains the criteria for granting waivers of T.U.P. • processing fees by the City Council. This Supplemental Questionnaire will be used to evaluate whether the event or sponsoring organization for a T.U.P. meet the criteria for a fee waiver. Accordingly, please answer all questions fully and completely. City Council Policy No. 704 The City Council shall waive T.U.P. processing fees only in the case of a. non-profit organization, and when such organization can demonstrate that the event for which the T.U.P. is requested will not generate any income to the organization, or that the net proceeds of the event for which the T.U.P. is requested result in: 1. direct financial benefit to an individual who resides or is employed in the city, and who is in dire financial need due to health reasons or a death in the family; or 2. direct financial benefit to city government such as the generation of sales tax; or 3. direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club; or 4. direct financial benefit to an organization which has been the direct recipient of City or Community Development Block Grant (CDBG) finding. PLEASE FULLY AND COMPLETELY ANSWER THE FOLLOWING: 1. Is the event for which the T.U.P. is sought sponsored by a non-profit organization? %- YES (If YES, please proceed to Question No. 4) NO (If NO, please sign the bottom of this form and submit this form with the T.U.P. Application to the Building & Safety Department) 2. If the answer to Question No. 1 was YES, please state the name and type of organization sponsoring the event for which the T.U.P. is sought and then proceed to Question No. 3. Name of Sponsoring Organization Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds to the sponsoring organization? YES (DYES, please proceed to Question No. 4) NO (If NO, please sign the bottom of this form and submit the with the T.U.P. Application to the Building & Safety Department) 4. If the answer to Question 3 is YES, will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? YES (If YES, please provide explanation and details in space provided below) NO (If NO, please proceed to Question No. 5) If YES, please explain who is to benefit from the proceeds and the general nature of the financial hardship: 5. Will the event provide a direct financial benefit to city government such as the generation`/of sales tax? ?S YES (If YES, please provide explanation and details in space provided below) NO (If NO, please proceed to Question No. 6) If YES, please explain how the direct financial benefit to the city will occur: C� c' 3Sk SKt,CS-04-zet5 a- — &PP� 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? YES (If YES, please provide explanation and details in space provided below) NO (If NO, please proceed to Question No. 7) If YES, please explain the organizations that are to benefit from the proceeds of the event and how the proceeds will be used by those organizations. AS54�rF� s'=hS�CSa3T 1300� S�rLf � YL 2 7. Will the proceeds provide a direct financial benefit to an organization which has been the direct recipient of City of Community Development Block Grant (CDBG) finding? YES (If YES, please provide explanation and details in space provided below) NO (If NO, please sign the bottom of this form and submit the with the T.U.P. Application to the Building & Safety Department) SIGN If YES, please state the year the City of Community Develop Block Grant (CDBG) funds were received and how those finds were used: Year funds were received. Funds were used to lV-2Z DATE 3 Cm ur�,ilr Fro L.Lons Frn: ne neon, nce,nsen Frnriachniciam Prot rn>lanal Sipporl SPECTACULARS Fireworks Ambassadors to the World James R. Souza President September 13, 1999 Mr. Jauhn Hinkle Sweetwater High School 2900 Highland Avenue National City, California 91950 Dear Mr. Hinkle, Per your request, we are offering the following items for your November 5, 1999 fireworks display: 5 each — 1.75" Red Comets 5 each —1.75" Silver Comets 20 each — 3" Assorted Fancy Shells 4 each — 3" Assorted Special Shells 4 each - 3" Assorted Deluxe Special Shells 15 each — 67mm Assorted Finale Shells 5 each — 3" Assorted Finale Shells 2 each — Multi color to Toubillions Multishot Device (25 shot) 2 each — Sun Tower Multishot Device (25 shot) 2 each — Hollywood Strip Multishot Device (25 shot) 2 each — Deep Impact Multishot Device (25 shot) 2 each — Color Pearl Flowers Multishot Device (96 shot) 1 each — Homecoming '99 Set The above items, the services of a licensed pyrotechnic operator, insurance coverage, sales tax, and delivery are included for a total contract price of $950.00. This price does not include fire department permit fees or applicable standby firemen fees, if any. Sweetwater High School will be responsible for providing security. Also enclosed are our agreements for your signature. Note the deposit schedule outlined in the agreement. Please have both copies signed and returned to our office by October 5, 1999. An executed copy of the display agreement will then be forwarded to your attention. P.O. Box 900186 o San Diego, Ca. 92190 ® Phone: 619-583-6141 or 800-624-9360 6 Fax: 619-583-6185 Sweetwater High School Mr. Hinkle September 13, 1999 Page 2 Should you wish to make any changes in your program or need more information, please give us a call. Thank you for the opportunity to submit this proposal. We look forward to working with you. Sincerely, PYRO SPECTACULARS, INC. SAN DIEGO FIREWORKS Sam Brugge Pyro Show Producer PJB/eb Enclosures PYRO SPECTACULARS, INC. SAN DIEGO FIREWORKS Display Agreement 7) In the event PURCHASER cancels the display, it will be impractical or extremely difficult to fix the actual amount of PYRO' s damages. The foregoing represents a reasonable estimate of the damages PYRO will suffer if PURCHASER cancels the display. 8) PYRO reserves the ownership rights and trade names that are used in or are a product of the pyrotechnic display to be performed herein. Any reproduction by sound, video or other duplication or recording process without the express written permission of PYRO is prohibited. 9) PYRO agrees to furnish insurance coverage in connection with the Display only, for the following risks and amounts: bodily injury and property damage, including products liability ONE MILLION DOLLARS ($1,000,000) combined single limits, Such insurance shall include PURCHASER as an additional insured regarding claims made against PURCHASER for bodily injury or property damage arising from the operations of PYRO in performing the Display provided for in this Agreement. Such insurance afforded by PYRO shall not include claims made against PURCHASER for bodily injury or property damage arising from A) Failure of PURCHASER, including through or by its employees, agents and/or independent contractors, to perform its obligations under this agreement, including, without limitation, those contained in Paragraph 3 of this Agreement; B) Failure of the PURCHASER to provide discretionary Spectator and Parking Areas referred to in Paragraph 3 of this Agreement. PURCHASER shall indemnify and hold PYRO harmless from all claims and suits made against PYRO for bodily injury or property damage arising from A) and B) of this Paragraph. 10) If any legal action is brought to enforce or interpret the terms or provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney fees and costs in addition to any other relief to which they may be entitled. 11) In the event PYRO breaches this agreement, or is otherwise negligent in performing the fireworks display provided for herein, PURCHASER shall, under no circumstances, be entitled to recover monetary damages from PYRO beyond the amount PURCHASER agreed to pay PYRO under this Agreement. PURCHASER shall not, under any circumstances, be entitled to recover any consequential damages from PYRO including, without limitation, for loss of income, business or profits. Nothing in this paragraph shall be construed as a modification or limitation on the insurance coverages afforded to Paragraph 9 above. 12) It is agreed, nothing in this Agreement or in PYRO's performance of the display provided for herein, shall be construed as forming a partnership or joint venture between PURCHASER and PYRO. The parties hereto shall be severally responsible for their own separate debts and obligations and neither party shall be held responsible for any agreements or obligations not expressly provided for herein. 13) This Agreement shall be governed and interpreted under the laws of the State of California. It is further agreed that the courts of the State of California shall have exclusive jurisdiction to adjudicate any disputes arising out of this contract or performance of the display provided for herein. It is further agreed that the Central Judicial District of San Bernardino County, California, shall be proper venue for any such action. 14) Any Notice to the parties permitted or required under this Agreement may be given by mailing such Notice in the United States Mail, postage prepaid, first class, addressed as follows: PYRO - Pyro Spectaculars, Inc., P. O. Box 900186, San Diego, California 92190. PURCHASER - Sweetwater High School , 15) All terms of this Agreement are in writing and may only be modified by written agreement of both parties hereto. Both parties acknowledge they have received a copy of said written Agreement and agree to be bound by said terms of written Agreement only. 16) If there is more than one PURCHASER, they shall be jointly and severally responsible to perform PURCHASER's obligations under this agreement. This Agreement shall become effective after it is executed and accepted by PURCHASER and after it is executed by PYRO at PYRO's offices in Rialto, California. This Agreement may be executed in several counter parts, including faxed copies, each one of which shall be deemed an original against the party executing same. This Agreement shall be binding upon the parties hereto and upon their heirs, successors, executors, administrators and assigns. PURCHASER recognizes that because of the nature of fireworks, an industry accepted level of 3% of the product used in any display may not function as designed and this level of nonperformance is acceptable as full performance. In Witness Whereof the parties h9Leto, by and through their duly authorized agents, have set their hands and seals this I 0 day of Ce.,k'. 199. PYRO SPECTACULARS, INC. , Title PRESIDENT PURC SER Title G1/45i SlAr d 1sk J -` ( ate (Page 2) Price firm through October 15,1999. Purchaser to provide sound/playback equipment, and communication. PYRO SPECTACULARS, INC. SAN DIEGO FIREWORKS Display Agreement 1) THIS AGREEMENT, entered into this l u day of ©C—i. 199 9 by and between PYRO SPECTACULARS, INC., a California corporation hereinafter referred to as "PYRO" and SWEETWATER HIGH SCHOOL hereinafter referred to as "PURCHASER. 2) PYRO agrees to furnish PURCHASER, in accordance with the terms and conditions hereinafter set forth, 1 fireworks display as per Program A submitted, accepted and made part hereof, including the services of a licensed pyrotechnic operator to take charge of and, along with sufficient helpers, safely discharge the display. The said display is scheduled to be performed on November 5 1922 at Sweetwater High School_Football Field. National City 3) PURCHASER, at its own expense, agrees to provide to PYRO: A) A suitable DISPLAY SITE in which to stage the fireworks display, including a firing and fallout zone reasonably acceptable to PYRO in which the fireworks and firework debris may be exhibited, rise and fall safely. B) Adequate policing, guard protection, roping, fencing and/or other crowd control measures to prevent the access of the public or its property or any other people or property not authorized by PYRO into the DISPLAY SITE. C) The services and cost of standby firemen and/or any applicable permit fees as required by state and local statutes, ordinances or regulations. D) Access by PYRO, at all times, to the DISPLAY SITE to set up the display. If PURCHASER fails to fully comply with requirements A, B, C and/or D set forth above, PYRO shall have no obligation to perform and PURCHASER agrees to pay to PYRO the entire contract price plus any additional expenses incurred because of said failure. If, in its sole discretion, PURCHASER designates an area for members of the public to view the Display ("Spectator Area") and/or an area for vehicular parking ("Parking Area"), the PURCHASER shall: E) Ensure that the Spectator Area does not infringe on the Display Area; F) Have sole responsibility for ensuring that the terrain of the Spectator Area and any structures thereon, including, but not limited to grandstands and bleachers are safe for use by spectators; G) have sole responsibility for ensuring that the Parking Area is safe for use; H) Have sole responsibility to police, monitor and appropriately control spectator access to the Spectator Area and the Parking Area and police, monitor and appropriately control the behavior of persons in these areas. It is expressly agreed that PYRO, (including its operators and helpers) shall not inspect, police, monitor or otherwise supervise any area of the site other than the Display Area, except to ensure: I) That any Spectator or Parking Areas are outside the Display Area; and J) After completion of the Display, that the Display Area is cleared of any live firework debris originating from the program. 4) PURCHASER shall pay to PYRO the sum of NINE HUNDRED FIFTY -------------------------------Dollars ($ 950.00 ). A deposit of $ 237.50 must be paid by October 15 1999 . Full payment is due within ten (10) calendar days after date of the display. A finance charge at a periodic rate of 1.5% per month, 18% annual percentage rate, or the maximum rate permitted by law, whichever is less, will be charged on the unpaid balance after ten days from the date of the display. PURCHASER, by signing this agreement, authorizes PYRO to receive and verify financial information concerning PURCHASER from any person or entity. 5) PURCHASER agrees to assume the risk of weather, or other causes beyond PYRO's control, which may prevent the display from being safely discharged on the scheduled date, which may cause the cancellation of any event for which PURCHASER has purchased the display, or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the display. It shall be within PYRO's sole discretion to determine whether or not the display may be safely discharged on the scheduled date and at the scheduled time. If, for any reason beyond PYRO's control, including, without limitation, inclement weather, PYRO is unable to safely discharge the display on the scheduled date or should any event for which PURCHASER has purchased the display be cancelled, the parties shall attempt to negotiate a new display date, which shall be within 60 days of the original display date. PURCHASER further agrees to pay PYRO for any additional expenses made necessary by this postponement. If they are unable to agree on a new display date, PYRO shall be entitled to liquidated damages from PURCHASER as if PURCHASER had cancelled the display on the date set for the display, as provided in the following paragraph. 6) PURCHASER shall have the option to unilaterally cancel this display prior to the date of the display. If PURCHASER exercises this option, PURCHASER agrees to pay to PYRO, as liquidated damages, the following percentages of the agreed contract price. 1) 25% if cancellation three (3) or more days prior to the scheduled day of the display, 2) 50% if cancellation occurs within two (2) days of the actual date set for the display, 3) 75% if cancellation occurs on the date set for the display but prior to the time physical set-up of the display actually begins, 4) 100% thereafter. If cancellation occurs prior to the date set for the display, PURCHASER agrees to pay PYRO in addition to the above percentages, the value associated with any specific custom work performed by PYRO or its agents including but not limited to music/narration tape production and/or sponsors logos. (continued on next page) 2500 CENTER POINT ROAD, SUITE 301 BIRMINGHAM, ALABAMA 35215 TELEPHONE: (205) 854-5806 DRAYTON INSURANCE BROKERS, INC. POST OFFICE BOX 94067 BIRMINGHAM, ALABAMA 35220 FAX: (205) 854-5899 CERTIFICATE OF INSURANCE NO. 981907 We certify that insurance as outlined below is afforded the Named Insured under policy A99EG24421 issued by Admiral Insurance Company. NAMED INSURED Pyro Spectaculars, Inc. North American Fireworks Co. (NAFCO) P.O. Box 2329 - San Diego Fireworks Rialto, California 92377 Astro Pyrotechnics Pyro Spectaculars Canada, Inc. PERIOD January 13, 1999 to January 12, 2000; Both days inclusive. COVERAGE Commercial General Liability. Covering against the legal liability of the Named Insured for Bodily Injury and Property Damage caused by, or arising from, the preparation for, the firing of, or the clearance following fireworks display(s) stated below. LIMITS OF A) Each Occurrence $1,000,000 LIABILITY B) Products & Completed Operations Aggregate $1,000,000 The addition of more than one insured does not serve to increase the limits of liability. It is certified that, in accordance with, and subject to, the terms of the above policy, the following SPONSORS AND PROPERTY OWNERS AND LICENSING AUTHORITIES are included as Additional Insured(s), but only in respect of the legal liability of such Additional Insured(s) for Bodily Injury and Property Damage caused by the operations of the Named Insured in connection with the firing of the fireworks display(s) stated below. The insurance afforded any Additional Insured does not include coverage for any injury or damage arising from the failure of such Additional Insured to fulfill its obligations specified in its contract with the Named Insured. NAME & ADDRESS OF INSURED SPONSORS PROPERTY OWNERS, LICENSORS ADDITIONAL INSURED(S): Sweetwater High School 2900 Highland Avenue Naitonal City, CA 91950 City of National City, and Sweetwater High School, and Sweetwater Union High School District, and their officers, agents and employees when acting in their official capacity as such SweetwaterA rgh School Football Field 2900 Highland Ave. National City, CA 91950 This insurance applies automatically if the described display is fired on any alternative date because of cancellation on the date shown due to weather or other cause; however, IN NO EVENT WILL COVERAGE APPLY TO BODILY INJURY OR PROPERTY DAMAGE SUSTAINED AFTER January 12, 2000. This certificate is not an insurance policy and does not in any way amend, extend or alter the coverage afforded by the policy listed above. For particulars concerning the terms, exclusions and conditions of such policy each Additional Insured is referred to the policy documents in the possession of the Named Insured. Should the above described policy be cancelled before the expiration date thereof, the issuing company will mail 30 days' prior written notice to the above named Additional Insured. October 12, 1999 DISPLAY DATE(S) 10/15 & 11/5/99 DRAYTON INSURANCE BROKERS, INC. DATE OF ISSUE STRINGER PRESID CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Person in charge of activity JIWi ,JV— Address Teiphone 4.'11{-IbAt.. Date(s) of use t 1 / c" -�� 2(1,06 \41,6kr4f HOLD HARMLESS AGREEMENT oama;i, 1 r s t ., age .... and e ,, `"'Cr:r.. named as ad The undersigned hereby agree(s) to hold the City of National City and the Parking inEurd and to ion. {- attached Authority of the City of National City harmless and indemnify the City of National City and the Parking Authority of the City of National City from and against all claims, demands, costs, losses, damages, injuries, litigation and liability arising out of or related to the use of public property by permittee or permitee's agents, employees or contracrs. Sig'ature f A•plicant The unaerl Official Title Date Certificate of Insurance approved 198712 CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND/OR STIPULATIONS SPONSORING ORGANIZATION: Sweetwater High School EVENT: Fireworks Display (Home -Coming Half -Time Show) DATE OF EVENT: November 5,1999 TIME: 9:00 a.m. until 9:30 p.m. APPROVALS: FIRE POLICE YES [ x ] NO [ ] SEE STIP/COMMENTS [ x ] YES [ x ] NO [ ] SEE STIP/COMMENTS [ ] SPECIFIC STIPULATIONS/COMMENTS: FIRE (336-4550) 1. Permit is required for the fireworks display from the Fire Department, permit fee is sixty five ($65.00). (Done) 2. Fire safety inspection to be conducted by the Fire Department of the designated fireworks display area. 3. Fire Department access to be maintained at all times. 4. Plot plan showing the firing area and spectator areas with separation distances. c/A200.DOC