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HomeMy WebLinkAbout2001 01-23 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY COUNCIL COUNCIL CHAMBERS 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY, JANUARY 23, 2001 - 6:00 P.M. i OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT ►T 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 MCCABE INVOCATION APPROVAL OF THE MINUTES OF THE ADJOURNED MEETING OF DECEMBER 12, 2000 AND THE REGULAR MEETINGS OF JANUARY 9, 2001. AND JANUARY 16, 2001. COUNCIL AGENDA 01/23/01 Page 2 MAYOR'S PRESENTATIONS Port Commissioner Jess Van Deventer — Biannual Port of San Diego Update 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. 2001-8 Resolution of the City Council of the City of National City approving Change Orders No. One and Two, accepting the work and authorizing the filing of a Notice of Completion for the Replace Roofing System for the Senior Center Project. (Engineering Specs. No. 00-3) (Engineering) 2. Resolution No. 2001-9 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Kleinfelder, Inc. to provide "as needed" materials testing services for the City's Capital Improvement Projects. (Engineering) 3. Resolution No. 2001-10 Resolution of the City Council of the City of National City adopting an annual Disadvantaged Business Enterprises (DBE) program and goal for federally funded construction contracts. (Engineering/Public Works) COUNCIL AGENDA 01/23/01 Page 3 CONSENT CALENDAR (Cont.) 4. WARRANT REGISTER #29 (Finance) Ratification of Demands in the amount of $980,966.22 OLD BUSINESS 5. Continued consideration of the proposed annexation of Lincoln Acres. (Planning) NEW BUSINESS 6. Request to use the Community Center by the California Municipal Business Tax Association and waiver of fees and insurance. (Public Works). 7. Temporary Use Permit - Mario's Family Clothing. (Building & Safety) 8. Temporary Use Permit - Community Education Enhancement grand opening. (Building & Safety) - CITY MANAGER —> CITY ATTORNEY - OTHER STAFF COUNCIL AGENDA 01 /23/01 Page 4 NEW BUSINESS (Cont.) -* MAYOR -> CITY COUNCIL PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. ADJOURNMENT Next Regular City Council Meeting - February 6, 2001 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 EETING DATE City of National City, California COUNCIL AGENDA STATEMENT January 23, 2001 AGENDA ITEM NO. 1 / ITEM TITLE RESOLUTION APPROVING CHANGE ORDER NUMBER ONE, CHANGE ORDER NUMBER TWO, AND ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE REPLACE ROOFING SYSTEM-KIMBALL SENIOR CENTER PROJECT, SPECIFICATION NO. 00-3 PREPARED BY Michael Long DEPARTMENT Engineering EXPLANATION On June 20, 2000 by Resolution No. 2000-67, the City Council awarded a contract in the amount of $34,200.00 to Roejack Roofing, Inc. for the "Replace Roofing System -Kimball Senior Center Project", Specification No. 00-3. On November 14, 2000 a final inspection was completed and the work was found to be accordance with the approved plans and specifications. Change Order No. 1, was written to add Item 4 "Install Joist Hangers" to the written to adjust the bid quantities accomplished and determine the Final Contract Change Orders for a detailed description. Change Order No. 1 increases the contract amount by $720.34 to an adjusted contract price of $34,920.34. Change Order No. 2 reduces the contract amount by $600.00 from the adjusted contract price of $34,920.34 to a final \contract price of $34,320.34. item 3, "Replace Broken Tiles" and contract. Change Order No. 2 was to the actual quantities of work Balance. See the attached Environmental Review Financial Statement The final construction cost is $34,320.34. This amount is within the allocated budg for this project of $45,000.00. Funding is available through Account N301-40-5 0-598-1140. ccount STAFF RECOMMENDATION Adopt the Resolutio BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 2001-8 1. Resolution 4. Change Order No. 2-Contract Final Balance 2. Notice of Completion 3. Change Order No. 1 A-209/1'30) RESOLUTION NO. 2001 — 8 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CHANGE ORDERS NO. ONE AND TWO, ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE REPLACE ROOFING SYSTEM FOR THE SENIOR CENTER PROJECT (Engineering Specs. No. 00-3) BE IT RESOLVED by the City Council of the City of National City, California, as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by ROEJACK ROOFING, INC., Engineering Department Specification No. 00-3, for the Replace Roofing System for the Senior Center Project has been completed, the City Council of National City hereby accepts said work and authorizes the filing of a Notice of Completion and orders that payment for said work be made in accordance with said contract. BE IT FURTHER RESOLVED that Change Orders No. One and Two are hereby approved. PASSED and ADOPTED this 23' 1 day of January, 2001. George H. Waters, lylayor At "LEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: gdm:• 2W George H. tiser, III City Attorney RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on November 14, 2000, of the Replace Roofing System -Kimball Senior Center Project, Spec No. 00-3 Work of improvement or portion of work of improvement under construction or alteration. on the premises located at Kimball Senior Center Street Address City State Zip Code The undersigned owns the following interest or estate in said property: _.11/A Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with ROF LACK ROOFING, INC. Name of Original Contractor The following work and material were supplied: General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Joint tentants, tenants in common, or other owners Dated: , 2001; Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on , 2001, at , California. Signature: GEORGE H. WATERS, MAYOR CONTRACT CHANGE ORDER NO. 1 DATE: 12/ 14/00 ORIGIN PROJECT: REPLACE ROOFING SYSTEM — KIMBALL SENIOR CENTER SPECIFICATION NO. 00-3 TO: MR. MITCHELL ROE ROEJACK ROOFING, INC. 1107 PETREE STREET EL CAJON, CA 92020 DESCRIPTION OF CHANGE: This change order is written to add work items 3 and 4 (shown below) to the contract. No. Item Unit Bid Qty Unit Price Original Contract Amount Adjusted Contract Amount 1 Reroofing Complete LS 1 $33,600.00 $33,600.00 $33,600.00 2 5/8" CDX Plywood EA 16 $37.50 $600.00 $600.00 Extra Work Items 3 Replace Broken Tiles LS N/A $540.50 N/A $540.50 4 Install Joist Hangers LS N/A $179.84 N/A $179.84 Total $34,200.00 $34,920.34 DISCUSSION: Line Item No. 3 has been added to the contract to provide compensation for the replacement of 135 broken roof tiles. These tiles were placed on the roof intact and were broken by volunteer painters hired to paint the exterior of the Senior Center building. Line Item No. 4 has been added to compensate the contractor for the purchase and installation of 24 joist hangers. Decorative exterior corner joists on the building have deteriorated and begun to pull free of the nailing supporting their weight. The City requested that the contractor provide joist hangers to correct this problem. CONTRACT ADJUSTMENT: As a result of this change order the contract price is adjusted as follows: 1. The contract price is increased in the amount of $720.34 from the current contract price of $34,200.00 to a new contract price of $34,920.34. I Page 1 of 2 CONTRACT CHANGE ORDER NO. 1 2. The contract time is increased by 41 working days due to material delays and ordering replacement tiles. The contract completion date previously established as Thursday, September 18, 2000 has been extended to Tuesday, November 14, 2000. This change order shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Roejack Roofmg, Inc. will not be entitled to damages or additional payment for delays as described in the 1997 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. RECOMMENDED FOR.APPROVAL BY: Michael r Long, Aoate Civi APPROVED BY: 2ell&/ Roe, President Roej Roofing, Inc. ngineer Date -a3 - 2/ Date urton 1 yers, City Eng eer ate City of National City Resolution Number Date Page 2 of 2 CONTRACT CHANGE ORDER NO.2 — CONTRACT FINAL BALANCE DATE: 12/21/00 PROJECT: REPLACE ROOFING SYSTEM — KIMBALL SENIOR CENTER SPECIFICATION NO. 00-3 TO: MR. MITCHELL ROE ROEJACK ROOFING, INC. 1107 PETREE STREET EL CAJON, CA 92020 DESCRIPTION OF CHANGE: This change order is written to adjust the bid quantities to the actual quantities of work accomplished. No. Item Unit Bid Qty Actual Qty Unit Price Adjusted Contract Amount Final Contract Balance 1 Reroofing Complete LS 1 1 $33,600.00 $33,600.00 $33,600.00 2 5/8" CDX Plywood EA 16 0 $37.50 $600.00 $0.00 Work Items from CCO #1 3 Replace Broken Tiles LS N/A 1 S540.50 $540.50 $540.50 4 Install Joist Hangers LS N/A 1 $179.84 $179.84 $179.84 Total $34,920.34 $34,320.34 DISCUSSION: Bid item number 2 was initially included to provide for any unforeseen damage to the existing plywood sheeting. After removal of the existing roofing system it was determined that no sheeting was damaged and bid item number 2 was not required as part of this contract. CONTRACT ADJUSTMENT: As a result of this change order the contract price is adjusted as follows: 1. The contract price is reduced in the amount of $600.00 from the adjusted contract price of $34,920.34 to a new contract price of $34,320.34. This change order shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Roejack Roofing, Inc. will not be entitled to damages or Page 1 of 2 CONTRACT CHANGE ORDER NO.2 — CONTRACT FINAL BALANCE additional payment for delays as described in the 1997 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. RECOMMENDED FOR APP : OVAL BY: Michael J. ' ong, As APPROVED BY: Mitchell Roe, President Roejac1t oofing, Inc. ineer Date j 2-/2-00 1-03-67/ Date Burton . Myers, City ' ngineer D City of National City Resolution Number Date Page 2 of 2 EETING DATE City of National City, California COUNCIL AGENDA STATEMENT January 23, 2001 AGENDA ITEM NO. 2 / ITEM TITLE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KLEINFELDER, INC. TO PROVIDE "AS NEEDED" MATERIALS TESTING SERVICES FOR THE CITY'S CAPITAL IMPROVEMENT PROJECTS PREPARED BY Michael Long EXPLANATION Kleinfelder, Inc. was RFQ process to provide services. Their contract Resolution will renew the with Kleinfelder, Inc. for DEPARTMENT Engineering contracted with on November 16, 1999 through the the City with "as needed" materials testing length was one year and has since expired. This "as needed" materials testing services contract a period of one year beginning January 23, 2001. Environmental Review Financial Statement X N/A Fund]. STAFF RECOMMENDA ON Adopt the Res between the City and Kleinfelder, Inc. source will vary depending on specific C.I.P. Account No. t izing the Mayor to sign the agreement BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Agreement in Triplicate Resolution No. 2001-9 \itlein A-200 (9/80) RESOLUTION NO. 2001— 9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KLEINFELDER, INC. TO PROVIDE "AS NEEDED" MATERIALS TESTING SERVICES FOR THE CITY'S CAPITAL IMPROVEMENT PROJECTS WHEREAS, the City desires to employ a contractor to provide "as needed" materials testing services for the City's Capital Improvement Projects, and WHEREAS, the City has determined that Kleinfelder, Inc. is qualified by experience and ability to perform the services desired by the City, and is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Kleinfelder, Inc. to provide "as needed" materials testing services for the City's Capital Improvement Projects. Said Agreement is on file in the City Clerk's office. PASSED and ADOPTED this 23th day of January, 2001. George H. Waters, Mayor Al JEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: /4/3.g.: George E. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KLEINFELDER, INC. ORIGINAL THIS AGREEMENT is entered into this 23rd day of January, 2001 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Kleinfelder, Inc. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide "as - needed" Materials Testing Services for the City's Capital Improvement Projects and various other materials testing needs. WHEREAS, the CITY has determined that the CONTRACTOR 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 CONTRACTOR 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 "A". The CITY will request a variety of project dependent services using the form attached herein as Exhibit "C". All pertinent information will be included in the request for services. The CONTRACTOR shall provide the costs for the specific services requested using the form attached herein as Exhibit "D". The costs given in Exhibit "D" shall be based on the unit costs listed in 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 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 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Stephen M. Kirkpatrick, Principal Civil Engineer 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. Ronald Thomson, Operations Manager thereby 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 requested in Exhibit "C" shall not exceed the project specific schedule given in Exhibit "D" 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 "C" as determined by the CITY. The total compensation to be paid the CONTRACTOR pursuant to this Agreement shall not exceed $100,000. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. The terms of this agreement shall be in force for a period of (1) one-year. 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 the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 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 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 3 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 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 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 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CON TRACTOR 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, to the extent resulting from or arising out of the CONTRACTOR' s negligent or willful misconduct in the performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, 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. 16. 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 VIII according to the current Best's Key Rating Guide, or a company equal financial 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. 17. 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 attomey's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. 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 fmished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 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. 20. 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: Burton S. Myers City Engineer City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: Mr. Ronald Thomson, Operations Manager Kleinfelder, Inc. 5015 Shoreham Place San Diego, CA 92122 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. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any fmancial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. 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. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.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. The Exhibits and Schedules are as follows: Exhibit "A" = Scope of Services Exhibit "B" = Schedule of Fees Exhibit "C" = City's Material Testing Request Form Exhibit "D" = Contractor's Project Specific Task and Fee Schedule F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. 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 patty 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. 9 . IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY CONTRACTOR By: By: George H. Waters, Mayor APPROVED AS TO FORM: (Title) George H. Eiser, III City Attorney By: (Title) EXHIBIT "A" SCOPE OF SERVICES 1. Services will consist of providing soil and material engineering and testing services during design and construction phases of the City's capital improvement projects. Fee will include all necessary resources including labor, equipment, material, and transportation required to provide these services. 2. Projects may vary in scope and magnitude from $5,000.00 to $1,000,000.00 construction costs. The City is not obligated to contract all the soil and material engineering and testing services to the retained consultant. 3. A minimum of twenty-four (24) hour notice will be given, by the City, at the time of a request for service. This notice will cover all the necessary office work required to be performed prior to field -work. Firms should be capable of providing requested services within twenty-four (24) hours after receipt of request. City may cancel a request for service at least two hours prior to the selected time without being subject to any changes. 4. Soils and materials testing work will be accomplished according to the Project Drawings and Specifications, which may include San Diego Area Regional Standard Drawings, Standard Specifications for Public Works Construction, and Caltrans Standard Specifications and Drawings, and all other codes and practices applicable to material testing governing a particular project. 5. Caltrans certified personnel shall possess current Form HC-1 "Certificate of Proficiency in Construction Materials Testing" issued by the Caltrans District Materials Engineer or other Caltrans designated District authorities. 6. Caltrans certified personnel that are experienced in the testing of materials used in the construction of public works facilities and familiar with Regional Standard drawings and Standard Specifications ("Green Book") are required. The City shall have the right to make a determination as to the qualifications of the individual personnel, and shall have the right to require substitution of non -qualified individuals with qualified personnel. It is expected that the testing personnel at the job site will play an active role in the construction of the project. Whenever required, the Consultant shall observe, monitor, and inspect construction operations and procedures for conformance with project Page 1 of 3 plans and specifications. Observations shall be reported directly to the City inspector. 7. All reports and pertinent data obtained under the agreement between the City and the Consultant shall be the property of the City and may not be used or reproduced in any form without the explicit written permission of the City. Compaction test results should be available in the field at the time of testing on projects where previous sampling for maximum densities curves has been obtained. In any case, compaction test results shall be available no later than the next working day. Formal reports should be prepared and submitted as soon as the segment of the work is completed or when requested by the City. 8. The Consultant shall certify a properly executed affidavit that they will not perform any work for the City that could lead to a conflict of interest. The Consultant shall notify the City of any possible conflicts of interest prior to performing work requested by the City. A conflict of interest may include, but is not limited to having a financial interest in any projects where services are requested, or consulting or performing work for the developers, investors, engineers, contractors, or materials suppliers of projects where services are requested. The City has the option to rescind and void the contract in the event that the selected firm fails to properly notify the City of a possible conflict of interest. 9. Caltrans certified personnel are to provide material testing services in response to City's request. Hours shall be determined by the City Engineer. The City will schedule work on a prior day basis, with the expectation of availability of a technician not more than one hour later than the desired time. When necessary and where possible, the City will coordinate work to allow the use of a single technician, but is under no obligation to do so. The City may schedule or reschedule work on the same basis if a technician is available. The City will not be liable for any tests where cancellation occurs at least two hours prior to the scheduled time. 10. The testing services shall be provided efficiently and in timely fashion. All material testing services will be performed on the basis of a standard schedule of fees provided in "Exhibit B" which shall be valid for the life of the contract. 11. Payment will be made based upon itemized billing submitted in accordance with this agreement and after submittal of acceptable formal reports. Billing should be submitted with and make reference to each test report, itemized Page 2 of 3 as to unit cost and total billed. Project name, specification number, date of sampling and testing, and the name of person that requested the service shall be identified on each bill. Bills that are not complete as required in this section shall be returned unpaid. 12. Should either party fail to uphold the contract in any part and the situation not be resolved by negotiation, the contract may be voided by written action of either party. 13. Fees provided, in Exhibit'B" shall include travel time, reports, mileage and all the associated costs for incidental reports and calculations directly related to the projects. Page 3 of 3 EXHIBIT "B" "SPECIFICATIONS, SUPPLEMENTARY CONDITIONS, AND SCHEDULE OF FEES" SECTION A SOIL TESTING PREVAILING COST WAGE COST 1. Laboratory Maximum Density ASTM D-1557 Method C per test. $ 151.00 2. Density of Soil in Place by the Sand Cone Method in Accordance to ASTM D-1556, per hour, (2 -hour minimum per call out). $ 54.00 $ 69.00 3. Density of Soil and Soil Aggregate in Place by the Nuclear Method in accordance to ASTM D-2922, per hour (2-hour minimum per call out). $ 54.00 $ 69.00 4. Moisture Content of Soil and Soil Aggregate in Place by the Nuclear Method in accordance to ASTM D-3017, per hour (2-hour minimum per call out) $ 54.00 $ 69.00 5. Material Sampling, per hour (2 hour minimum per call out). $ 46.00 $ 69.00 SECTION B CONCRETE TESTING 1. Compression Strength of Cylindrical Concrete Specimen in Accordance with ASTM C-39, per test. $ 20.00 2. Sampling and Molding Cylindrical Concrete Samples in accordance to ASTM C-172 and ASTM C-31, per hour (2-hour minimum per call out). $ 46.00 3. Pick-up Concrete Specimens Within 20 Hours of Fabrication in Accordance with ASTM C-31, per trip. $ 50.00 $ 69.00 Page I of 3 ECTION C ASPHALT CONCRETE TESTING PREVAILING COST WAGE COST 1. Quantitative Extraction of Bitumen from Bituminous Paving Mixture in Accordance with ASTM D-2122 Method B, or California Test 262, per test. - Without gradation -With gradation $ 119.00 $ 189.00 2. Sieve or Screen Analysis of Fine and Coarse Aggregates Combined in Accordance with ASTM C-136, per test. -For Fine Gradation Only $ 90.00 -For Coarse Gradation Only $ 61.00 3. Sand Equivalent Value of Soils and Fine Aggregate in Accordance to ASTM D-2419 or California Test 217, per test. $ 80.00 Loss in LA Rattler in accordance with California Test 211, per Test. $ 128.00 $ 122.40 5. Swell in Accordance with California Test 305, per Test. 6. Maximum Density Determination of Asphalt Concrete by the Marshal Method in Accordance with ASTM D-1559, Paragraph 3.5 and 3.6, per test. $ 156.00 7. Maximum Density Determination of Asphalt Concrete by the Hveen Method in Accordance with ASTM D-1560 and D-1561 or California Test 304, per test. $ 157.00 8. Theoretical Maximum Density Determination of Asphalt Concrete in Accordance with ASTM D-2041, per test. $ 108.00 9. Stabilizer Value of Asphalt in place by Nuclear Gauge Method in Accordance with California Test 366, per test. $ 118.00 10. Density Bituminous Concrete in Place by Nuclear Method in ASTM D-2950, per hour (2 hours minimum per call out). $ 54.00 $ 69.00 Y 11. Material Sampling per Hour (2 hours minimum per call out) $ 45.00 $ 69.00 Page 2 of 3 PREVAILING COST WAGE COST SECTION D PLANT INSPECTION Provide full time plan inspection of Asphalt Concrete and Portland Cement Plants to assure proper operation, and proportioning in accordance with requirements of project specifications. A written report will be submitted to the City daily and will include observations, and required corrections and adjustments. The plant inspector shall communicate any evidence of non -specification material being produced to the City as soon as possible and shall coordinate closely with the City, field inspector to prevent incorporation of non -specification material in any City project. Payment shall be per hour for time spent at the plant. $ 46.00 SECI'ION E "R" VALUE TEST "R" Value, per test, soil sampling, per hour (2 hour minimum per call out, including travel time, reports, and mileage). "R" Value Tests of Soils in accordance with ASTM D-1557 shall be provided on samples of materials selected by the City and sampled by the Laboratory at the site. Test results reported shall include a description of the materials, "R" value containers shall be supplied by the laboratory. SECTION F CONSULTANT SERVICE (PER HOUR) PRINCIPAL ENGINEER REGISTERED ENGINEER PROJECT ENGINEER STAFF ENGINEER $ 198.00/test $ 46.00/hr $ 69.00/hr $ 138.00/hr $ 110.00/hr $ 97.00/hr $ 81.00/hr Page 3 of 3 EXHIBIT "C" CITY OF NATIONAL CITY ENGINEERING DEPARTMENT MATERIAL TESTING REQUEST FORM DATE: REQUEST NO. Kleinfelder Inc. 5015 Shoreham Place San Diego, CA 92122 Phone No: (858) 320-2000 Fax No: (858) 320-2001 PROJECT TITLE: SPECIFICATION NO.: PURPOSE OF THE TESTING: PLEASE PROVIDE THE FOLLOWING INFORMATION (SPECIFY TEST(S) TO BE PERFORMED): REQUES I'bD BY: APPROVED BY: DATE: CITY ENGINEER OR ASSISTANT CITY ENGINEER FAXED ON: MTRF EXHIBIT "D" TASK ORDER - (#) MATERIAL TESTING SERVICES for (PROJECT NAME) (NATIONAL CITY SPECIFICATION NUMBER) (Description of project) PHASE I. TASK A. (Description of task and deliverable) NOT -TO -EXCEED FEE TASK B. (Description of task and deliverable) NOT -TO -EXCEED FEE $00,000 $00,000 PHASE 1 TOTAL NOT -TO -EXCEED FEE $00,000 PHASE II TASK A. (Description of task and deliverable) NOT -TO -EXCEED FEE TASK B. (Description of task and deliverable) NOT -TO -EXCEED FEE $00,000 $00,000 PHASE H TOTAL NOT -TO EXCEED $00,000 TOTAL PROJECT NOT -TO -EXCEED $00,000 PAGE 1 OF 2 • SCHEDULE (Schedule for Phase I and Phase II deliverables; if applicable) CLARIFICATIONS/EXCLUSIONS 1. PREPARED BY: CONTRACTORS REPRESENTATIVE APPROVED BY: EXHBTD CITY ENGINEER OR PRINCIPAL CIVIL ENGINEER PAGE 2 OF 2 DATE: DATE: >STAFF RECOMMENDAT Adopt the annual ETING DATE City of National City, California COUNCIL AGENDA STATEMENT January 23, 2001 AGENDA ITEM NO. 3 'ITEM TITLE RESOLUTION ADOPTING A NEW ANNUAL DISADVANTAGED BUSINESS ENTERPRISES (DBE) PROGRAM AND GOALS FOR FEDERALLY FUNDED CONSTRUCTION CONTRACTS PREPARED BY EXPLANATION Din Daneshfar DEPARTMENT SEE ATTACHMENT Engineering/Public Works Environmental Review N/A Financial Statement The approximately $600.00 an• ill be paid for from the Engineering Account No. 001-421-000-213. 010 :E g.: of 9 . 2 0 cost of publication of the notice will be BOARD / COMMISSION RECOMMENDATION N/A Accourtf N0. r the attached DBE 'rogram. ATTACHMENTS ( Listed Below ) 1. Model DBE Program (FY2000-01) Resolution No. 2001-10 A-200 (9/80) RESOLUTION NO. 2001— 10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AN ANNUAL DISADVANTAGED BUSINESS ENTERPRISES (DBE) PROGRAM AND GOAL FOR F JERALLY FUNDED CONSTRUCTION CONTRACTS WHEREAS, Title 49, Part 23 of the Code of Federal Regulations require local agencies, including the City of National City, to maximize the use of minority and women owned businesses on local federal -aid construction contracts by adopting an annual Disadvantaged Business Enterprises (DBE) program and goals; and WHEREAS, each local agency is responsible for the following: 1. Developing and implementing a DBE Program, and establishing annual and project goals for participation by DBE before submitting a "Request for Authorization" for the construction of a federal -aid project. 2. Designating a DBE Liaison Officer, accountable to the Chief Executive Officer of the local agency, to administer the DBE program. 3. Completing the Report of DBE Awards and Utilization forms. 4 Reviewing and taking action for noncompliance with DBE requirements by the local agency's contractors; and WHEREAS, in the past, Caltrans, through SANDAG, has established the goal for the San Diego region; however, with the new changes that have occurred in Caltrans, these responsibilities have been shifted to the local agencies; and WHEREAS, Caltrans has prepared a pre -approved DBE program which each local agency has an option to adopt; and WHEREAS, staff has recommended that the City Council adopt the pre -approved DBE program proposed by Caltrans. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Council hereby approves the Pre -Approved Disadvantaged Business Enterprises (DBE) Program for Local Agencies. Said Program is on file in the Office of the City Engineer. Continued on Page Two Resolution 2001 — 10 January 23, 2001 Page Two PASSED and ADOPTED this 23m day of January, 2001. George IL Waters, Mayor ATTEST: Michael R. Dalla,City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney XPLANATION: RESOLUTION ADOPTING A NEW AMENDED ANNUAL DISADVANTAGE BUSINESS ENTERPRISES (DBE) PROGRAM AND GOAL FOR FEDERALLY FUNDED CONSTRUCTION CONTRACTS On September 26, 1995 the City Council by Resolution No. 95-143 adopted a pre -approved Disadvantaged Business Enterprises DBE program. During the past 5 years, we have used the above pre -approved DBE Program. However, with the new changes that have occurred in the State/Federal level, the DBE requirements have been modified. The purpose of this resolution is to adopt a new annual DBE program and goals for the City's federally funded construction contracts. This new program reflects the changes. The Federal regulations require local agencies to maximize the use of minority and women owned business on local federal -aid construction contracts. Each local agency is responsible for the following: Developing and implementing a DBE Program, and establishing annual and project goals for participation by DBE before submitting a "Request for Authorization" for the construction of a federal -aid project. 2. Designating a DBE Liaison Officer, accountable to the Chief Executive Office of the local agency, to administer the DBE program. 3. Completing the Report of DBE Awards and Utilization forms. 4. Reviewing and taking action for noncompliance with DBE requirements by the local agency's contractors. Generally, it is required that the City of National City ensures that DBEs, as defined in Part 26 of Title 49 CFR, have an equal oppurtunity to receive and participate in Department of Transportation (DOT) - assisted contracts. DEVELOPING A NEW DBE PROGRAM Attached is a model DBE program by the Caltrans Office of Local Programs. Each local agency has an option to adopt this pre -approved program, or to develop its own DBE program in compliance with all the program elements required by Part 26 of Title 49 CFR. Staff is recommending to adopt the attached model DBE program. The program also requires the City Manager to designate the DBE Liaison Officer to implement the DBE program on a daily basis. ANNUAL GOAL The local agency is required to establish a DBE goal on an annual basis. During the last five years, the City of National City has established 15% DBE goal for its Federally assisted projects. Staff is recommending that an annual DBE goal for the City's new program should be set at 9.2% for the Fiscal Year 2000-01. PROJECT GOAL In addition to the annual goal, the local agency is required to establish individual project goals based on the type of work being performed and the availability of certified DBE contractors in the geographic area. These project goals must be established in order to achieve the annual DBE goals. PROJECT NOTIFICATION OF ANNUAL GOALS Upon approval of the City's annual DBE goals by the City Council, it is required that a notice be published in the various minority trade publications and provided to the general public media. The notice shall contain the annual DBE goal, a statement that the goal will be available for inspection for a period of 30 days, and a statement that the City will accept comments on the goal for 45 days. CITY OF NATIONAL CITY DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM FISCAL YEAR 2000/2001 0 MODEL DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM City of National City I Definitions of Terms The terms used in this program have the meanings defined in 49 CFR §26.5. II Objectives /Policy Statement (§§26.1, 26.23) The City of National City has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The City of National City has received Federal financial assistance from the DOT, and as a condition of receiving this assistance, the City of National City will sign an assurance that it will comply with 49 CFR Part 26. It is the policy of the City of National City to ensure that DBEs, as defined in part 26, have an equal opportunity to receive and participate in DOT -assisted contracts. It is also our policy: �§ To ensure nondiscrimination in the award and administration of DOT -assisted contracts; To create a level playing field on which DBEs can compete fairly for DOT -assisted contracts; To ensure that the DBE Program is narrowly tailored in accordance with applicable law; To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; To help remove barriers to the participation of DBEs in DOT -assisted contracts; and To assist the development of firms that can compete successfully in the market place outside the DBE Program. Burton S. Myers is the DBE Liaison Officer. In that capacity, Burton S. Myers will be responsible for implementing the DBE program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the City of National City in its financial assistance agreements with the California Department of Transportation (Caltrans). Based upon approval of the Model Program by Caltrans, the City of National City will be disseminated this policy statement to the City Council and all the components of our organization. We will distribute this statement to DBE and non -DBE business communities that perform work for us on DOT -assisted contracts by publishing this statement in general circulation, minority -focused and trade association publications. III Nondiscrimination (§26.7) The City of National City will never exclude any person from participation in, deny any person the efits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR Part 26 on the basis of race, color, sex, or national origin. In administering its DBE program, the City of National City will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE program with respect to individuals of a particular race, color, sex, or national origin. IV DBE Program Updates (§26.21) The City of National City will continue to carry out this program until the City of National City has established a new goal setting methodology or until significant changes to this DBE Program are adopted. The City of National City will provide to Caltrans a proposed overall goal and goal setting methodology and other program updates by June 1 of every year. V Quotas (§26.43) The City of National City will not use quotas or set asides in any way in the administration of this DBE program. VI DBE Liaison Officer (DBELO) (§26.45) e City of National City has designated the following individual as the DBE Liaison Officer: Burton S. Myers; Address: 1243 National City Boulevard, National City, Ca 91950; Tel No.: (619) 336 4380; e- mail Address: BMyers@ci.national-city.ca.us. In that capacity, Burton S. Myers will be responsible for implementing the DBE program and ensuring that the City of National City complies with all provisions of 49 CFR Part 26. Burton S. Myers has direct, independent access to the City Manager concerning DBE program matters. See attached Organization Chart. The DBELO is responsible for developing, implementing and monitoring the DBE program, in coordination with other appropriate officials. Duties and responsibilities include the following: 1. Gathers and reports statistical data and other information as required. 2. Reviews third party contracts and purchase requisitions for compliance with this program. 3. Works with all departments to set overall annual goals. 4. Ensures that bid notices and requests for proposals are available to DBEs in a timely manner. 5. Identifies contracts and procurements so that DBE goals are included in solicitations (both race - neutral methods and contract specific goals) and monitors results. 6. Analyzes the City of National City's progress toward goal attainment and identifies ways to improve progress. 7. Participates in pre -bid meetings. 8. Advises the CEO/governing body on DBE matters and achievements. Chairs the DBE Advisory Committee. 10. Participates with the legal counsel and project director to determine contractor compliance with good faith efforts. 11. Provides DBEs with information and assistance in preparing bids, obtaining bonding and insurance. 2 12. Plans and participates in DBE training seminars. 13. Provides outreach to DBEs and community organizations to advise them of opportunities. VII Federal Financial Assistance Agreement Assurance (§26.13) The City of National City will sign the following assurance, applicable to all FHWA-assisted contracts and their administration as part of the program supplement agreement for each project: The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE Program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE Program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). VIII DBE Financial Institutions It is the policy of the City of National City to investigate the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in the community, to make reasonable efforts to use these institutions, and to encourage prime contractors on DOT -assisted contracts to make use of these institutions. Information on the availability of such institutions can be obtained from the DBE Liaison Officer. The Caltrans Disadvantaged Business Enterprise Program may offer assistance to the DBE Liaison Officer. IX Directory (§26.31) The City of National City will refer interested persons to the DBE directory available from the Caltrans Disadvantaged Business Enterprise Program website at www.dot.ca.gov/hq/bep. X Overconcentration (§26.33) The City of National City has not identified any types of work in DOT -assisted contracts that have a overconcentration of DBE participation. If in the future the City of National City identifies the need to address overconcentration, measures for addressing overconcentration will be submitted to the DLAE for approval. 3 XI Business Development Programs (§26.35) The City of National City does not have a business development or mentor -protege program. If the City of National City identifies the need for such a program in the future, the rationale for adopting such a program and a comprehensive description of it will be submitted to the DLAE for approval. XII Required Contract Clauses (§§26.13, 26.29) Contract Assurance The City of National City ensures that the following clause is placed in every DOT -assisted contract and subcontract: The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as recipient deems appropriate. Prompt Payment The City of National City ensures that the following clauses or equivalent will be included in each DOT - assisted prime contract: Satisfactory Performance The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime contractor receives from the City of National City. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of National City. This clause applies to both DBE and non -DBE subcontractors. Release of Retainage The prime contractor agrees further to release retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of National City. This clause applies to both DBE and non -DBE subcontractors. XIII Monitoring and Enforcement Mechanisms (§26.37) The City of National City will assign a Resident Engineer (RE) or Contract Manager to monitor and track actual DBE participation through contractor and subcontractor reports of payments in accordance with the following: 4 After Contract Award After the contract award, the City of National City will review the award documents for the portion of items each DBE and first tier subcontractor will be performing and the dollar value of that work. Wi these documents, the RE/Contract Manager will be able to determine the work to be performed by the DBEs or subcontractors listed. Preconstruction Conference A preconstruction conference will be scheduled between the RE and the contractor or their representative to discuss the work each DBE subcontractor will perform. Before work can begin on a subcontract, the local agency will require the contractor to submit a completed "Subcontracting Request," Exhibit 16-B of the LAPM or equivalent. When the RE receives the completed form it will be checked for agreement of the first tier subcontractors and DBEs. The RE will not approve the request when it identifies someone other than the DBE or first tier subcontractor listed in the previously completed "Local Agency Bidder DBE Information," Exhibit 15-G. The "Subcontracting Request" will not be approved until all discrepancies are resolved. If an issue cannot be resolved at that time, or there is some other concern, the RE will require the contractor to eliminate the subcontractor in question before signing the subcontracting request. A change in the DBE or first tier subcontractor may be addressed during a substitution process at a later date. Suppliers, vendors, or manufacturers listed on the "Local Agency Bidder DBE Information" will be compared to those listed in the completed Exhibit 16-I of the LAPM or equivalent. Differences must b resolved by either making corrections or requesting a substitution. Substitutions will be subject to the Subletting and Subcontracting Fair Practices Act (FPA). Local agencies will require contractors to adhere to the provisions within Subletting and Subcontracting Fair Practices Act (State Law) Sections 4100-4144. FPA requires the contractor to list all subcontractors in excess of one half of one percent (0.5%) of the contractor's total bid or $10,000, whichever is greater. The statute is designed to prevent bid shopping by contractors. The FPA explains that a contractor may not substitute a subcontractor listed in the original bid except with the approval of the awarding authority. The RE will give the contractor a blank Exhibit 17-F, "Final Report Utilization of Disadvantaged Business Enterprises, First Tier Subcontractors" and will explain to them that the document will be required at the end of the project, for which payment can be withheld, in conformance with the contract. Construction Contract Monitoring The RE will ensure that the RE's staff (inspectors) know what items of work each DBE is responsible for performing. Inspectors will notify the RE immediately of apparent violations. When a firm other than the listed DBE subcontractor is found performing the work, the RE will notify contractor of the apparent discrepancy and potential loss of payment. Based on the contractor's onse, the RE will take appropriate action: The DBE Liaison Officer will perform a preliminary investigation to identify any potential issues related to the DBE subcontractor performing a commercially useful function. Any substantive issues will be forwarded to the Caltrans Disadvantaged Business Enterprise Program. If the contractor fails to adequately explain why there is a discrepancy, payment for the work will be withheld and a letter will be sent to the contractor referencing the applicable specification violation and the required withholding of payment. If the contract requires the submittal of a monthly truck document, the contractor will be required to submit documentation to the RE showing the owner's name; California Highway Patrol CA number; and the DBE certification number of the owner of the truck for each truck used during that month for which DBE participation will be claimed. The trucks will be listed by California Highway Patrol CA number in the daily diary or on a separate piece of paper for documentation. The numbers are checked by inspectors regularly to confirm compliance. Providing evidence of DBE payment is the responsibility of the contractor. Substitution When a DBE substitution is requested, the RE/Contract Manager will request a letter from the contractor explaining why substitution is needed. The RE/Contract Manager must review the letter to be sure names and addresses are shown, dollar values are included, and reason for the request is explained. If RE/Contract Manager agrees to the substitution, the RE/Contract Manager will notify, in writing, the BE subcontractor regarding the proposed substitution and procedure for written objection from the DBE subcontractor in accordance with the Subletting and Subcontracting Fair Practices Act. If the contractor is not meeting the contract goal with this substitution, the contractor must provide the required good faith effort to the RE/Contract Manager for local agency consideration. If there is any doubt regarding the requested substitution, the RE/Contract Manager may contact the DLAE for assistance and direction. Record Keeping and Final Report Utilization of Disadvantaged Business Enterprises The contractor shall maintain records showing the name and address of each first -tier subcontractor. The records shall also show: 1. The name and business address, regardless of tier, of every DBE subcontractor, DBE vendor of materials and DBE trucking company. 2. The date of payment and the total dollar figure paid to each of the firms. 3. The DBE prime contractor shall also show the date of work performed by their own forces along with the corresponding dollar value of the work claimed toward DBE goals. 6 When a contract has been completed, the contractor will provide a summary of the records stated above. The DBE utilization information will be documented on Exhibit 17-F and will be submitted to the DLAE attached to the Report of Expenditures. The RE will compare the completed Exhibit 17-F to the contractor's completed Exhibit 15-G and, if applicable, to the completed Exhibit 16-B. The DBEs shown on the completed Exhibit 17-F should be the same as those originally listed unless an authorized substitution was allowed, or the contractor used more DBEs and they were added. The dollar amount should reflect any changes made in planned work done by the DBE. The contractor will be required to explain in writing why the names of the subcontractors, the work items, or the dollar figures are different from what was originally shown on the completed Exhibit 15-G when: • There have been no changes made by the RE. • The contractor has not provided a sufficient explanation in the comments section of the completed Exhibit 17-F. The explanation will be attached to the completed Exhibit 17-F for submittal. The RE will file this in the project records. The local agency's Liaison Officer will keep track of the DBE certification status on the Internet at www.dot.ca.gov/hq/bep and keep the RE informed of changes that affect the contract. The RE will require the contractor to act in accordance with existing contractual commitments regardless of decertification. 0. The DLAE will use the PS&E checklist to monitor the City of National City's commitment to require bidders list information to be submitted to the City of National City from the awarded prime and subcontractors as a means to develop a bidders list. This monitoring will only take place if the bidder list information is required to be submitted as stipulated in the special provisions. The City of National City will bring to the attention of the DOT through the DLAE any false, fraudulent, or dishonest conduct in connection with the program, so that DOT can take the steps (e.g., referral to the Department of Justice for criminal prosecution, referral to the DOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules) provided in §26.109. The City of National City will also consider similar action under our own legal authorities, including responsibility determinations in future contracts. XIV Overall Goals (§26.45) Amount of Goal Attached charts (Calculation of the Base Figure based on the estimated costs) show the methodology. 7 Breakout of Estimated Race -Neutral and Race -Conscious Participation 1. Refer to the attached charts for the Breakout of Estimated Race -Neutral and Race -Conscious Participation (San Diego Regional Overall DBE Goal and Methodology DBE Directory and Census Bureau (CPB) Database Charts). Process Starting with the Federal Fiscal Year 2002, the amount of the overall goal, the method to calculate the goal, and the breakout of estimated race -neutral and race -conscious participation will be required annually by June 1 in advance of the Federal fiscal year beginning October 1 for FHWA-assisted contracts. Submittals will be to the Caltrans' DLAE. An exception to this will be if FTA or FAA recipients are required by FTA or FAA to submit the annual information to them or a designee by another date. FHWA recipients will follow this process: Once the DLAE has responded with preliminary comments, and the comments have been incorporated into the draft overall goal information, the City of National City will publish a notice of the proposed overall goal, informing the public that the proposed goal and its rationale are available for inspection during normal business hours at the City of National City's principal office for 30 days following the date of the notice, and informing the public that City of National City comments will be accepted on the goals for 45 days following the date of the notice. Advertisements in newspapers, minority focus media, trade publications, and websites will be the normal media to accomplish this effort. The notice will include addresses to which comments may be sent and addresses (including offices and websites) where the proposal may be reviewed. he overall goal resubmission to the Caltrans DLAE, will include a summary of information and comments received during this public participation process and City of National City's responses. This will be due by September 1 to the Caltrans DLAE. The DLAE will have a month to make a final review so that the City may begin using the overall goal on October 1 of each year. XV Contract Goals (§26.51) The City of National City will use contract goals to meet any portion of the overall goal the City of National City does not project being able to meet by the use of race -neutral means. Contract goals are established so that, over the period to which the overall goal applies, they will cumulatively result in meeting any portion of the overall goal that is not projected to be met through the use of race -neutral means. Contract goals will be established only on those DOT -assisted contracts that have subcontracting possibilities. Contract goals need not be established on every such contract, and the size of contract goals will be adapted to the circumstances of each such contract (e.g., type and location of work, availability of DBEs to perform the particular type of work). The contract work items will be compared with eligible DBE contractors willing to work on the project. A determination will also be made to decide which items are likely to be performed by the prime contractor and which ones are likely to be performed by the subcontractor(s). The goal will then be incorporated into the contract documents. `Contract goals will be expressed as a percentage of the total amount of a DOT -assisted contract. 8 XVI Transit Vehicle Manufacturers (§26.49) If DOT -assisted contracts will include transit vehicle procurements, the City of National City will require each transit vehicle manufacturer, as a condition of being authorized to bid or propose on transit vehicle procurements, to certify that it has complied with the requirements of 49 CFR Part 26, Section 49. The City of National City will direct the transit vehicle manufacturer to the subject requirements located on the Internet at http://osdbuweb.dot.gov/programs/dbe/dbe.htm. XVII Good Faith Efforts (§26.53) Information to be Submitted The City of National City treats bidders'/offerors' compliance with good faith effort requirements as a matter of responsiveness. A responsive proposal is meeting all the requirements of the advertisement and solicitation. Each solicitation for which a contract goal has been established will require the bidders/offerors to submit the following information to 1243 National City Boulevard, National City, Ca 91950 no later than 4:00 p.m. on or before the fourth day, not including Saturdays, Sundays and legal holidays, following bid opening: 1. The names and addresses of known DBE firms that will participate in the contract; 2. A description of the work that each DBE will perform: 3. The dollar amount of the participation of each DBE firm participation 4. Written and signed documentation of commitment to use a DBE subcontractor whose participation i submits to meet a contract goal; 5. Written and signed confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment; and 6. If the contract goal is not met, evidence of good faith efforts. Demonstration of Good Faith Efforts The obligation of the bidder/offeror is to make good faith efforts. The bidder/offeror can demonstrate that it has done so either by meeting the contract goal or documenting good faith efforts. The following personnel are responsible for determining whether a bidder/offeror who has not met the contract goal has documented sufficient good faith efforts to be regarded as responsive: [the Project Manager/DBELO.J The City of National City will ensure that all information is complete and accurate and adequately documents the bidder/offeror's good faith efforts before a commitment to the performance of the contract by the bidder/offeror is made. 9 Administrative Reconsideration Within 10 days of being informed by the City of National City that it is not responsive because it has not documented sufficient good faith efforts, a bidder/offeror may request administrative reconsideration. Bidder/offerors should make this request in writing to the following reconsideration official: [the DBELOJ. The reconsideration official will not have played any role in the original determination that the bidder/offeror did not make or document sufficient good faith efforts. As part of this reconsideration, the bidder/offeror will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder/offeror will have the opportunity to meet in person with the reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do so. The City of National City will send the bidder/offeror a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable to Caltrans, FHWA or the DOT. Good Faith Efforts when a DBE is Replaced on a Contract The City of National City will require a contractor to make good faith efforts to replace a DBE that is terminated or has otherwise failed to complete its work on a contract with another certified DBE, to the extent needed to meet the contract goal. The prime contractor is required to notify the RE immediately of the DBE's inability or unwillingness to perform and provide reasonable documentation. In this situation, the prime contractor will be required to obtain the City of National City's prior approval of the substitute DBE and to provide copies of new or amended subcontracts, or documentation of good faith efforts. If the contractor fails or refuses to comply in the time specified, the City of National City contracting office will issue an order stopping all or part of payment/work until satisfactory action has been taken. If the contractor still fails to comply, the contracting officer may issue a termination for default proceeding. XVIII Counting DBE Participation (§26.55) The City of National City will count DBE participation toward overall and contract goals as provided in the contract specifications for the prime contractor, subcontractor, joint venture partner with prime or subcontractor, or vendor of material or supplies. XIX Certification (§26.83(a)) The City of National City ensures that only DBE firms currently certified on the Caltrans' directory will participate as DBEs in our program. 10 XX Information Collection and Reporting Bidders List The City of National City will create and maintain a bidders list, consisting of information about all DBE and non -DBE firms that bid or quote on its DOT -assisted contracts. The bidders list will include the name, address, DBE/non-DBE status, age, and annual gross receipts of firms. Monitoring Payments to DBEs Prime contractors are required to maintain records and documents of payments to DBEs for three years following the performance of the contract. These records will be made available for inspection upon request by any authorized representative of the City of National City, Caltrans or FHWA. This reporting requirement also extends to any certified DBE subcontractor. Payments to DBE subcontractors will be reviewed by the City of National City to ensure that the actual amount paid to DBE subcontractors equals or exceeds the dollar amounts stated in the schedule of DBE participation. Reporting to Caltrans The City of National City - Final utilization of DBE participation will be reported to the DLAE using Exhibit 17-F of the Caltrans' LAPM. Confidentiality The C' f National City will safeguard from disclosure to third parties information that may reasonably be - g. • - • as c• I fi • ential business information, consistent with Federal, state, and local laws. ,ii a A This Disadvantaged .: usiness Enterprises Program is accepted by: [Signature of DLAE] Date: / 4 410 Date: 11 • Method B SEE ATTACHED TABLES FOR THE NUMBER OF AVAILABLE DBEs AND FIRMS IN SAN DIEGO COUNTY (SAN DIEGO REGIONAL OVERALL DBE GOAL AND METHODOLOGY DBE DIRECTORY AND CENSUS BUREAU (CPB) DATABASE CHARTS). CALCULATION OF THE BASE FIGURE BASED ON THE ESTIMATED COSTS: Estimated FHWA Funded Contracts and Expenditures FY 2000/2001 Work Category NAICS/SIC Category Estimated Expenditure on Projects Professional Services C87 $130,000.00 Construction C06, C15, C39, C84, C84, C86 $1,000,000.00 Total $1,130,000.00 Base Figure of Relative Availability of DBEs FY 2000/2001 Class Description NAICS/SIC Code No. of CBP Businesses No. of Available Certified DBEs Base Fig. (% of DBEs Available) Professional Services C87 21,403 1242 5.80% Construction C06, C15, C39, C84, C85, C86 5,451 526 9.65% Factor Weights for Work Categories FY 2000/2001 Work Category NAICS/SIC Category Estimated Expenditure on Projects Factor Weights (% of Tot. Est. Exp.) Professional Services C87 $130,000.00 11.50% Construction C06, C15, C39, C84, C85, C86 $1,000,000.00 88.50% Total $1,130,000.00 Estimated Base Figure = [(0.1150 X 1242)/21,403 + (0.8850 X 526)/5,451 ] X 100 = 9.20% SANDAG/CT Local Assistance SAN DIEGO REGIONAL OVERALL DBE GOAL AND METHODOLOGY DBE Directory and Census Bureau (CPB) Database CALTRANS WORK CODES DESCRIPTION AND NUMBER OF DBE FIRMS. Number of DBEs WWC Code Description +° C0600 C0612 C0620 C0624 C0625 C0626 C0639 C0649 C0651 C0652 C0655 C0656 C0657 C0670 C0680 C0683 C0685 C0686 C0687 C0698 C0699 Miscellaneous Supplier s��ax�c C1200 C1201 Landscaping & Nursery Petroleum, Oil, Lubricants Sand & Gravel Granite & Marvel Asphalt Concrete & Cement Reinforcing Bar Section Steel Doors & Frames Lumber Pipe Fencing Guard Railings & Barriers Pavement Markers Electrical & Signals Glass & Glass Block Building Material Tools Construction Area Signs Traffic Control S tems WCC - San Diego County COUNTY BUSINESS PATERN SICs Standard Nutuber of Firms Cede.... i#.ailgbeiiuSa¢: 12 5 14 3 4 7 15 8 11 8 4 16 14 14 9 29 6 12 10 4 30 71 078 029 1442 1442 1771 1794 1771 1611 1611 1751 1611 .1611 1611 1611 1611 1731 1793 1611 1611 3993 1611 :Stiiz 87 769 10 12 12 227 92 227 87 87 87 87 87 87 7 555 87 87 87 69 87 C1522 Reset, Adjust Roadway Items 23 1611 C1531 Plane Asphalt Concrete 14 1611 87 C1575 Remove Bridge Item 12 1611 87 87e C1580 1 4 MBridItem ... \C>...iV4:\.i',y> .: Xi\::i:�.� �z.��z iF:1;i.Y.�\\�`:-`.:'`;,'.2�.:\`�t.�,oaz ,i �\.: 20 ? ->.�:fi S`z?'<w�i:�-'�.�\•`?.i: �{i i, i"s- ,:i::�\,b\v:..C�'� 1611 -*�'kw�+`v = : A::v:. Taft, •+fib �.�° .,: -` ,:�^��:�,.�m- �-. C1601} Cl & Grubbin 78 1611 144 ia. a.... -,g .w Na % -m -';,,-.. 0. N. w q ,, .. - c`xt>..`�4a>kv.:{,.s` .... C1901 Roadway Excavation 98 1794 92 C1910 Grading 56 1794 92 C1920 Structure Excavation 71 1794 92 C1930 Structure Backfill 73 1794 92 CI970 °�P'�i� � � ::; Embankment Construction "i, \:\+-. .i . i:::ivx:.+_.. ,:+ ;, r t $i�s §_°;'�StE,Ka°9. ��!F���'.a..'i4'�:3`;:>E'a..i.��f�z�;r",g"#,-.=`i.�:,., 59 rv:t :: 1794 v :' v -?.in,Si�. .,..,... ,. ... .. 1 , \ ..:\l-. i�i:\nvi: {?i\): �1: 2M... .. .. .. C2020 Soil Amendments 23 078 7691 • SANDAG/CT Local Assistance SAN DIEGO REGIONAL OVERALL DBE GOAL AND METHODOLOGY DBE Directory and Census Bureau (CPB) Database W CC - San Diego County CALTRANS'WORK CODES DESCRIPTION AND NIJIvIBER OF DBE FIRMS _ L COUNTY BTSIt1'1ESSPATERNSICs 078 7E \ I .11.1 111111.1111 ' �VII11 1 !I\l 1 1 Concrete Structure Concrete Overlay - Drill & Bond Furnish Precast Concrete Deck Unit Erect Precast Concrete Core Concrete - ' 1 , B Deck ;t\•vi\ti;FCR:\x � �'nR:C\\~"\;::; ''�.iva. 69 C5601 Sign Structure IV J177-3 C5620 Roadside Sign - 16 3993 69 �i,�.f a�waii�i�P�.1.:o:{aiQ��+t-��a"a2�.,h`��. C5900 \\�` t"W''a-R y ':k VfN, \:wh Clean & Pain Steel `* ` '3".....„ \. ! r �:\�4.R� 27 •179 s�?. i� 553 yy�� .},� �\; ;\ Vryti fC' \,}'�..t'..,:5 fit$}\ \'.1�,'v ,.. ,,, s-' v�Rv zr ' �' "' 1`R ` �`' •, X� _ \;� , c. \ � ` v '.N�\W�\ 211611 87 C8000 F �o\w lAt4hl�S"i i acc \\o\ .R\y,` ii ��»MS'SSXi(sY,'CRAS.ty 1R1tM1,S-' Metal Beam Guard Railing 1 .,+ •. \� v , . �R,?}M,IL,�R, z.a- .°S ��A .\� y�yv 12 :`,,,, \ � \\\ v' �. \\� \ l', 1611 � 49 C8320 C8331 Concrete Barrier 15 1 sti 227 ...`.. ��}v��..:v� y\;- dR aR vi. vi li .. v L t`... Rn v.v; .RR� *R. yv�v��h\v�v`"Y , 'Av-rva7ti.,%.iv`"w $.� C i `'�:i�%+�,v`vR"RR4w�\ � ��v�- iv\tl%•nAS-vx?�RRv i 14 i h � }SR\ .aK, h � \. `i`,v{ ` \`a�Ri�xSR,Slvi 172 Hti \�+, 353 C8405 Thermoplastic Traffic Stripe & Marking C8406 Painted Traffic Stri e Markin 19 172 R •�\\Wv\:+\ h Rev 353 C. �, f3 'S -,M,. . \R a R Pavement a,•.r to� R;;a':v:.}x^ "\\..v'i^.:^v..-.�1.,:.:a p♦ 1` �^�a``4,..�.c.` a \\.,�-`.'^R\'a%:a•-c'A,Nai�`a \tt;; R 3 " '. `u,\\ .}i\\�•w 13 \ . g r'\:""4\,`� \ R 'Cu`vvR172 j,.v\a'. \v\�J \O 1N`. �`.�, " ,� 353 C8501 •.. _ ' •t4`iv xvl ava , +8';ti n --Y-i�u:im`•u:: tl - - f �. Architectural ;.i?'h�\}v� N: v, \ Rh �\vR�R' ff .._... ...... \\i'A *sR iv ._ � .x.. ,. ,\ �}v ......,h:..,.R 74 \iz,-'444: \ � R'MW<�� V+i'JN:1 .. .. 8712 \+. R- �---aLv,\�-,,- ... .....n. R.uvv •J ..... C8602a �'� '�.,�--- 6�'`; �'��x .9.'. C8704 3741 C8705 Design 249 8711 3741 C8710 Engineering 183 8711 814 C8716 Architectural Engineering 55 8712 258 Oncilvfl 1 -111 Pad Pace 2 of 3 FY 2000/2001 SANDAG/CT Local Assistance C8720 C8'721 C8722 C8740 C8744 C8760 C8770 SAN DIEGO REGIONAL OVERALL DBE GOAL AND METHODOLOGY DBE Directory and Census Bureau (CPB) Database WCC - San Diego County T COIINTYBIJSU ESS PATERN SIGs. CALTRANS VdOR$ CODES DESCRIE'TJON AND NUMBER OF FIRMS 148 087 3741 Civil Engineering Right of Way Engineering 126 087 Environmental Engineer 104 087 Electxical Enmineers 44 087 Landscape Architects 45 8712 44 087 Surveyor 170 C9670 Construction 18720 Aa punting, Auditing, & Bookkeeping 32 3741 3741 555 258 555 258 12 890 City of National City Office of the City Engineer 1243 National City Blvd., National City, California 91950-4397 (619) 336-4380 ANNUAL OVERALL GOAL INFORMATION Mr. Gary Vettese District Local Assistance Engineer Department of Transportation District 11 P.O. Box 85406 San Diego, Ca 92188 Dear Mr. Vettese: The amount of overall goal, methodology, breakout of estimated race -neutral and race -conscious participation, and any DBE program updates are presented herein in accordance with Title 49 of the Code of Federal Regulations Part 26, and as described in the Local Assistance Procedures Manual. The City of National City submits its annual overall goal information for your review and comment. We propose an annual overall DBE goal of 9.20 % for the Federal Fiscal Year 2000 /2001. Methodology Refer to attached charts (Calculation of the Base Figure) which show our methodology. Breakout of Estimated Race -Neutral and Race -Conscious Participation Ref Co attached charts (Calculation of the Base Figure). To be used for submitt4l due June I of every year. 2 To be used for submitt l due September 1 of every year. ® Recycled Paper ING DEPARTMENT B rt ers City Engineer/Acting Public F.Y. 2000-01 rks Director Clerical == 1 Administrative Secretary 1 Senior Office Assistant . C1/2 Management Analyst II r 1/2 City Engineer/Acting Public Works Director �1/2 Principal Civil Engineer (Asst. City Engineer)/ Acting Deputy Public Works Director 1 Traffic Engineer+ 1 Student Trainee+ (Part-time) Design Team A Design Team a Development/Permit/Traffic Team / ,c a1 Senior Construction 1 Associate Civil Engineer 1 Associate Civil Engineer 1 Assistant Civil Engineer Inspector J J ( 1 Civil Engineer Technician 1 Student Trainee (Part-time) \ 1 I 1 Student 1 Civil Engineer Trainee Technician (Part-time) / ` / ` / 1/2 Senior Civil Engineer Technician \ 1 Civil Engineer Technician J 1/21/2 Senior Civil Eng neer Technician / + position va t as a result of base year �; 'ons City of National City, California COUNCIL AGENDA STATEMENT 4 EETING DATE 01/23/01 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #29 PREPARED BY ROBERT A. RABAGO DEPARTMENT FINANCE EXPLANATION Ratification of Warrant Register #29 per government section code437208. Environmental Review N/A Financial Statement N/A Approved By: Finance Dir; for Account No. STAFF RECOMMENDATION I recommend certification of these warrants for a total of $980,966.22 BOARD I COMMISSION RECOMMENDATION �w £2%G u .d?�c t � N-e it /66P/a—� //v4 ! /%�6-� eeAa&tio11�YG� �GG(�iC ATTACHMENTS ( Listed Below ) 1. Warrant Register #29 2. Workers' Comp Warrant Register dated 01/10/01 Resolution No. A-200 (9: 99) City of National City, California COUNCIL AGENDA STATEMENT January 23, 2001 MEETING DATE AGENDA ITEM NO. "CaltinnPa frau Council Meeting 1/9/01** ITEM TITLE CONTINUED CONSIDERATION OF THE PROPOSED ANNEXATION OF LINCOLN ACRES PREPARED BY Steve RayPrincipal Planner DEPARTMENT Planning EXPLANATION. ll The City Council reviewed the fiscal impact analysis of the proposed annexation of Lincoln Acres at a workshop held December 12, 2000 and continued consideration of the annexation to the January 9, 2001 meeting. The attached report provides background information and outlines several options. 1 Environmental Review Financial Statement N/A N/A Account No. STAFF RECOMMENDATION Council direction requested. BOARD/COMMISSION RECOMMENDATION N/A T CHMENTS (Listed Below) Background Report December 8, 2000 LAFCO letter Resolution No. A-200 (Rev. 9/80) 71-1 BACKGROUND REPORT The County had made an application for the dissolution of the Lower Sweetwater Fire Protection District and formation of a County Service Area. LAFCO staff suggested that annexation of Lincoln Acres to National City be considered as an alternative to the proposal. The area is within National City's Sphere of Influence. In order to determine the economic effect of such an annexation on National City, the City Council directed that a fiscal impact analysis be prepared, and Hofman Planning Associates was selected to complete the study. The fiscal impact analysis estimated that the cost of the additional services and facilities that National City would provide for the Lincoln Acres area in the event of an annexation would exceed the additional revenue the City would receive by approximately $635,000 per year. In addition, the one time cost to being the Lincoln Acres area into compliance with minimum City standards is projected to be approximately $2,000,000. In a letter dated December 8, 2000, the LAFCO Executive Director has requested that National City state its position on whether the County proposal should be modified to include annexation of Lincoln Acres. Four major options have been identified by staff: 1. Support for annexation conditioned upon full cost recovery. This would require the County to provide the $2,000,000 for one-time costs to the City in addition to the $635,000 per year for a specified period, for instance, ten years. Negotiations with the County would be needed. 2. Support for annexation with partial cost recovery. County reimbursement would still be required, but at reduced levels from those identified in Option No. 1, as determined by City Council. 3. Support for annexation unconditionally. 4. Oppose annexation. LAFCO has set a hearing on the dissolution of the Lower Sweetwater Fire Protection District for March 5, 2001. They have asked for a response from the City Council by January 31, 2001. NATIONAL CITY PLANNING DEPARTMENT 1600 Pacific Highway • Room 452 San Diego, CA 92101 • (619) 531-5400 San Diego Local Agency Formation Commission Website: www.sdlafco.com Chairwoman Julianne Nygaard Councilmember, City of Carlsbad Vice Chairman Andrew L. Vanderlaan Public Member Members Bill Horn County Board of Supervisors Dianne Jacob County Board of Supervisors Patty Davis Councilmember, City of Chula Vista Harry Mathis Councilmember, City of San Diego Ronald W. Wootton Vista Fire Protection District Bud Pocklington South Bay Irrigation District Alternate Members Greg Cox County Board of Supervisors Juan Vargas Councilmember, City of San Diego Jill D. Greer City of Lemon Grove Andrew J. Menshek Padre Dam Municipal Water District Guy W. Winton Ill Public Member Executive Officer Michael D. Ott Counsel John J. Sansone December 8, 2000 Tom McCabe, City Manager City of National City 1243 National City Boulevard National City, CA 91950 SUBJECT: Actions Related to the Proposed Dissolution of the Lower Sweetwater Fire Protection District Dear Mr. McCabe: I wanted to follow up on my letter that requested a copy of the Lincoln Acres annexation feasibility study when it was completed. The report has been received, and I thank you for the prompt response. Also contained in the letter was a request that the City Council inform LAFCO whether annexation might still be considered if the study concluded that annexing Lincoln Acres would result in a negative financial impact to the City. In light of this request, I would like to submit a few comments regarding some of the conclusions contained in the report, and the determination that annexation of Lincoln Acres would create a substantial financial burden to National City. Certain assumptions contained in the report have been identified and have serious financial implications related to National City annexing, and then providing public services to Lincoln Acres. Those assumptions should be the subject of further examination and discussion. • The report assumes that the negotiated property tax exchange would be identical to the formula currently in place under the Master Property Tax Transfer Agreement. That assumption translates to National City receiving 46 percent of the property tax with the County receiving 54 percent. Since the proposed annexation of Lincoln Acres to National City would involve dissolution of the Lower Sweetwater Fire Protection District, the Master Agreement would not apply. Therefore, the exchange of property tax revenue between National City and the County would be subject to negotiation and ultimately could be allocated at a different proportion than that used in the report. Tom McCabe, City Manager Page 2 December 8, 2000 • In addition, the projected increase of costs associated with providing library services to the Lincoln Acres community may not be applicable. In stating that that library facilities are not expected to be adequate to serve the increased population associated with annexation of Lincoln Acres, the report assumes that the library currently does not serve residents of Lincoln Acres. Based upon the geographic relationship of Lincoln Acres to National City, it appears likely that Lincoln Acres residents already utilize the library's resources. Therefore, the projected increase in costs for providing library service for Lincoln Acres residents may not be significant. • Another area where cost -saving might be realized is the projected need to enlarge the number of personnel currently working in the planning department. The report indicates that one full-time planner would be required due to the increase in the development potential of Lincoln Acres. Historically, Lincoln Acres has been an area where modest growth has occurred. Therefore, it appears that there may be justification to reconsider the assumption that annexation to National City would necessitate the addition of a full-time planner. ♦ The report also identifies a substantial expenditure of funds for public works and engineering projects to bring Lincoln Acres up to City standards. Alternative strategies may exist that could diminish this negative financial impact to National City, and these alternatives may be worthy of investigation. One alternative might be the implementation of an overlay zone in Lincoln Acres that would designate the area as a place where urban type improvements, such as sidewalks, pedestrian ramps, and curbs, are not required. The benefit of this approach would be two -fold. First, a reduction of both start-up and on -going costs would be realized, and second, the area would maintain the rural character and atmosphere that current residents are seeking. These comments represent a brief assessment of some issue areas that emerged in a preliminary review of the fiscal report. A more thorough analysis might identify other areas where alternative plans could provide solutions and procedures to mitigate the financial implications of National City assuming responsibility for the Lincoln Acres community. We plan to schedule the Lower Sweetwater FPD dissolution proposal and related jurisdictional changes/alternatives for LAFCO consideration in February or March 2001. Therefore, we would appreciate a response by January 31, 2001 from the National City Council stating its position on whether this proposal should be modified to include annexation to National City. Tom McCabe, City Manager Page 3 December 8, 2000 Should you have any questions or comments, please do not hesitate to call me at (619) 531-5400. Executive Officer MDO:IEH:jb cc: Mayor George Waters Supervisor Greg Cox Roger Post, Planning Director, National City Joan Vokac, County Department of Planning & Land Use GREG Cox SUPERVISOR, FIRST DISTRICT SAN DIEGO COUNTY BOARD OF SUPERVISORS January 5, 2001 To: From: Pamela A. O'Neil : p Chief of Staff Supervisor Greg Cox The Honorable George Waters Members of the City Council CITY MANAGER 01 JAN -8 All 8: 53 RECEIVED CI Y OF NATIONAL CITY Subject: San Diego County staff analysis of Hoffman Planning Associates report prepared for the City of National City, "Fiscal Impact Analysis of the Proposed Annexation of Lincoln Acres" The enclosed county staff analysis was prepared at the request of Supervisor Cox's office for our review. I thought it might be helpful to you in your review and evaluation of a potential Lincoln Acres Annexation to National City. If the Supervisor's staff can be helpful to you in any way on this or any other issue, please do not hesitate to call us. I believe that you know most all of us and our areas of expertise and responsibility. Enclosure cc: Tom McCabe, City Manager COUNTY OF SAN DIEGO GREG COX Supervisor, First District JOHN BECERRA ADMINISTRATIVE ASSISTANT Board of Supenrfsors 1600 Panic Highway, Rm. 395 San Diego, California 92101 (619) 531-5511 FAX 295-0644 JBecefiseco.san-diego ca.us 0 COUNTY ADMINISTRATION CENTER • 1600 PACIFIC HIGHWAY, ROOM 335 • SAN DIEGO, CA 92101-2470 • (619) 531-5511 Fax (619) 235-0644 www.gregcax.com • Email: greg•coxt co.san-die9o.ca.us ® Printed on recycled paper e County of San Diego DPW Analysis of Lincoln Acres Annexation to National City 12/15/00 Planning: • Should check whether the full-time Assistant Planner and full-time Code Enforcement Officer are consistent with staffing ratios typical in National City; it appears very high (equates to $102,727 for 604 dwelling units in Lincoln Acres, or $170 per dwelling unit) (Per page 26, National City Planning Dept personnel costs are $497,457 for an estimated 15,400 dwelling units, or $32/DU) • Table 9 includes costs for the Assistant Planner., but Table 10 does not appear to reflect the revenue offset that should pay for these costs, which should be generated from fees charged to land developers. • On page 25, justification for the Code Enforcement officer requirement appears to be based on one-time "catching up" on code enforcement violations. Even if this requirement is valid, the costs should be treated as a one-time requirement, not a recurring annual requirement. Engineering/Public Works: • Sewer: Disagree with replacing 6-inch sewer pipes because they are "too small to adequately maintain". As stated on page 26 and 27, the lines are sufficient size to accommodate all land uses and don't have maintenance problems. Therefore should eliminate $51,750 in one-time replacement costs in Table 11. • Sewer: Annual cost to clean and maintain sewer lines, $162,000, should continue to be revenue offset from sewer bills to residents. Table 10 does not reflect this revenue and mistakenly applies this cost to the General Fund. • Sewer: (top of page 28) There should be no costs for transferring of sewer capacity to National City. Only need to amend the Metro Agreement. • Sewer: County standard is 240 GD/EDU, not 265. • Storm Drain: There is no basis to theorize that there may be significant cost to bring the system into compliance with National City standards. • Streets and Roadways: On page 29, it is stated that 95% of National City's streets are in adequate condition compared to Lincoln Acres' having only 65%. The 95% for National City sounds unrealistically high and the Lincoln Acres' number is inaccurately low. The SANDAG Regional Transportation Plan reports $3.5 Million in backlogged street maintenance and reconstruction for National City, which conflicts with the statement that 95% of National City roads are in County of San Diego DPW Analysis of Lincoln Acres Annexation to National City 12/15/00 adequate condition. It is believed there is no disparity between maintenance levels of National City roads and County roads. As such, the $1,300,000 in one-time cost requirements in Table 11 should be eliminated. • Streets and Roadways: Similarly, pedestrian ramp and driveway apron deficiencies are not believed to be substantially different within Lincoln Acres and National City, and the one-time cost requirements in Table 11 should be eliminated. • Traffic Signals: Gas tax funds are used by the County to maintain traffic signals, and should be the source of funds for maintaining Lincoln Acres' signals by National City should annexation occur. This $8,200 annual cost should not be shown in Tables 9 and 10 as a cost against General Fund; it should be reflected as Gas Tax revenue offset. • Street Lights: Annual cost of $11,000 is currently funded through the County Lighting District, which is fully revenue offset through annual street light assessments to benefiting property owners. This revenue source should be continued after annexation, therefore, the costs shown in Tables 9 and 10 should not be against General Fund; costs should be reflected as Lighting District Assessment revenue offset. • Street Sweeping: Gas Tax funds are used by the County to sweep streets, and should be the source of funds by National City should annexation occur. On page 31, the report states that the addition of Lincoln Acres' streets will add 20% to annual National City street sweeping costs, however, Lincoln Acres' 4.5 miles of streets only adds 4.4% to National City's current 102 miles of streets. The $19,000 annual cost should be validated, and not be charged to the General Fund. The costs should be reflected as Gas Tax revenue offset. SUMMARY: 1) Planning Dept costs to the General Fund appear overstated by 50% or more. 2) Annually, there should be zero Engineering/Public Works cost impacts to the General Fund. 3) There should be zero One -Time Engineering/Public Works cost impacts. Lincoln Acres During the 2000 calendar year the County of San Diego had three Enforcement cases in the Lincoln Acres area. This equates to less than one percent of a Code Enforcement Officer's time. The County takes a reactive role in Code Enforcement and therefore responds only to complaints. Since September of 1999, the County took in applications for three discretionary projects. One request for a Boundary Adjustment, one request for a cell site and one request for an automobile repair facility. These projects are revenue generating and therefore the applicant pays all costs of processing. arice Bossier - Analysis of Parks & Rec in Lincoln Acres Page 11 From: Susan Hector To: Brice Bossier Date: Wed, Dec 6, 2000 3:41 PM Subject: Analysis of Parks & Rec in Lincoln Acres Brice, we reviewed the report you provided on the proposed annexation of Lincoln Acres by the City of NC. We are OK with what they say in the report concerning parks and recreation. The City of NC gets money for parks from property taxes; $25.84 per du. According to their formula, the annexation could yield more dwelling units, therefore there will be enough money for the operation of Lincoln Acres park. CC: Noel Parr•, Robert Copper ETING DATE City of National City, California COUNCIL AGENDA STATEMENT January 23, 2001 6 AGENDA ITEM NO. ITEM TITLE Request to Use the Community Center by the California Municipal Business Tax Association and Waiver of Fees and Insurance PREPARED BY Burton Myers DEPARTMENT Public Works EXPLANATION The California Municipal Business Tax Association, with National City represented by Revenue and Recovery Coordinator, Jay Gonzales, is requesting use of the South Room and kitchen of the Community Center on Thursday March 15, 2001 from 7:30 a.m. until 5:00 p.m. The Association meets quarterly, with City of National City hosting this quarterly meeting. The Association is expecting 35 people. Cost: Building $222.78 Custodial 128.46 Kitchen 95.00 Total: $446.24 Waiver of fees and insurance is being requested. This is an acceptable category of use according to the Council adopted "Rules and Regulations for the Use of the National City Community Center". Environmental Review X N/A Financial Statement Loss of $446.24 to the General Fund;, aiver of fees is approved. STAFF RECOMMENDATI + N )4i Account No. It is recommended that o pprove the use of the �acility and that Council make a decision regarding the waiver of fees and insurance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Application for Use of the Community Center Memo dated January 10, 2001 explaining the CMBTA Resolution No. A-200 (9/80) APPLICATION FOR USE OF THE NATIONAL CITY COMMUNITY BUILDING TO ALL APPLICANTS: It. is strongly recommended that the applicant requesting use of the facility attend the City Council meeting, when the Item is going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations." Name of Organization p.i:bervv;-0. 'Nlww; 6wrthiwt tax A'sv 'i Business Address •k) arty t}ra" j , t-spa' ° Ck 9 20 Name of Applicant Jay 6 ovo.al-eS Address C i i5 4 of o�f� r C►a1- f i mart e t a43 0044,14 C 1 6 t r Telephone Number ( 61) ) 334 - 41-3 LA, (day) ( t o) '1S I - 9 3 s 1 (evening) Type of Function auari-e-'t^b Date Requested MMtem tS zeo l Decorating Time 4- :30 a« pm) to 8-.0 0 a ii (pm) Function Time 0 a®pm) to 41' 30 Use of Kitchen Facility ✓ yes no Use Time I =3 0 ( /pm) to S. a) (a m) Clean-up 4.3 0 (am) to s oV (am1) Number of Participants 3 5- Will Admission be charged? yEs If yes, Amount $ 20 ^�' t 4),. ' Will this event be used as a fund raising event? No Will alcohol be served? NO ABC Permit Submitted? Certificate of Insurance attached? Special configuration of tables or chairs required? (If yes, attach sketch) Special equipment required? (If yes, attached list) Copy of Rules & Regulations provided? YE s Initial I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES & REGULATIONS FOR THE COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. Signature oflArlulibant ve-- 1 1/10/ 01 Date CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMIFICATION 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 is charge of activity Address Telephone City facilities and/or property requested Date(s) of use HOLD HARMLESS AGREEMENT The undersigned hereby agree(s) to hold the City of National City harmless and indemnify 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's agents, employees or contractors. Signature of Applicant Official Title Date Certificate of Insurance Approved by Name & Title Rev. 1/21/00 _ 2 MaryLee Augustine Jay Gonzales Wednesday, January 10, 2001 3:09 PM o: MaryLee Augustine Subject: California Municipal Business tax Association The CMBTA is a group of city officials whose task is enforcing the business license tax regulations of each individual city in particular and the California Business and Profession Code as it pertains to business licenses in general. Membership consists mainly of business license inspectors, code enforcement officers and revenue managers of member cities. The CMBTA has four divisions. The City of of National City is a member of Division IV which consists of 69 cities all located in southern California. The City is represented by me, Jay Gonzales, Revenue & Recovery Coordinator, and Josie Grijalva, Accounting Assistant in charge of the business license section of the Finance Department. The City benefits from its membership with the CMBTA largely thru networking and sharing of expertise. The CMBTA Division IV meets quarterly and have its meetings in different member city locations. This would be the City of National City's first hosting such a meeting. 1 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE January 23, 2001 AGENDA ITEM NO. (-ITEM 2 / ITEM TITLE PREPARED BY EXPLANATION TEMPORARY USE PERMIT- MARIO'S FAMILY CLOTHING Kathleen Trees, Dire o�EPARTMENT ,eve Building and Safety This is a request from Mario's Family Clothing Center to conduct a three-day promotional parking lot sele on February 2-4, 2001 at the store located at 28 N. Euclid Avenue in National City. This will consist of clothes being sold on racks and tables. They will also have music as entertainment by a DJ and a local radio station bus. The hours of the sale are 10:00 a.m. to 5:00 p.m. each day. No food or beverages will be sold. ( Environmental Review XN/A Financial Statement Approved By: Finance Director The City has incurred $111.00 in costs in processing the T.U.P. application through various City Departments. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application For A Temporary Use Permit with recommended Conditions of Approval. A-200 (9 99) Type of Event: _ Public Concert Parade Motion Picture _ Festival Circu g Other W�►r`tC, Event Title: !"otZ i 1r 0 S / t �j Event Location: 9 > 1•-► CVa I d (/ Event Date(s): FromgZto o. I *otal Anticipated Attendance: Community Event Block Party Fair _ Demonstration _ Grand Opening Momh►Day Actual Event Hours: t 0 ern to 5 Setup/assembly/construction Date: 02_ j®Z-Start time: 7 Please describe the scope of your setup/assembly work (specific details): 1 rl (► S\o1�5. mile ( Participants) (Spectators) Dismantle Date: 4bbj 5Completion Time: 5 List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. ponsoring Organization:. 4 D J - f \1. 4L( C 0 For Profit I—S`\ 60l �i1 b se F`: dNot-for-Profit Chief Officer of Organization (Name) J� P* Applicant (Name): R Y�®5 Address: � i4 • fi • UC ` l c1 Daytime Phone: 401 Q 14! 0 /€veningPhone; 40Fax: ( ) Contact Person "on site" day of the event: MA el 0 Pager/Cellular NOTE: THIS PERSON MUST BE IN AVOIDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO GI1 Y; OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): YES YES NO NO $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event: $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. / (r Dict- -) 1 Io d i° 2 _ YES K. NO Does the event involve the sale or use of alcoholic beverages? YES _ NO Will items or services be sold at the event? If yes, please describe: teltlYt5, in route of kind alongstreets, sidewalks or _ YES � NO Does the event involve a moving any highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. _ YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC _ CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) > Tables and Chairs > Fencing, barriers and/or barricades > Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers > Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Please describe your procedures for both Crowd Control and Internal Security: IA _ YES ✓ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES '1 NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. v-\e ore a -t v- Aid <►4- Please describe your Accessibility Plan for acceGs at your event by individuals with disabilities: tsMbte PA12-ki but( 8e Please provide a detailed description of your PARKING plan: See Mlode. A MRO , t9 2 4 -Please describe your plan for DISABLED PARKING: See �k44c11 Please describe your plans to notify all residents, businesses and churches impacted by the event: tr 1 {N� ' 0 5 e ch NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. SYE4 NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: XIi(ES _ NO Will sound amplification be used? If YES, please indicate: Start time: 12—z(0O nish Time 5 _ YES )‘)NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/pm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES NO Any signs, banners, decorations, special lighting? If YES, please describe: 5 bum oul For Office 'Use OnCy Department Date Yes No Condition(s) of Approval Initial Specific Conditions of Approval €s iL ` 44G AVM SAFETY i'AL, ECEIVED ,JAN 0 2001 NATIONAL CITY, CALIF. 6 CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Mario's Family Clothing DATE OF EVENT: Friday, February 2- Sunday, February 4, 2001 TIME OF EVENT: 10;00 a.m. to 5:00 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [. ] CONDITIONS OF APPROVAL • FINANCE 336-4260 1. A business license is required of all vendors and businesses participating in the special event. Each separate vendor must have a separate business license. Merchants licensed for the site can operate on their current license. FIRE 336-4550 1. Emergency access shall be maintained at all times. ti Jite 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 us permit. kaw5 Organization /� Person in Charge of Activity W `r42-1 /1 Address dJ Euclid A4 E C . 0-1 Telephone0) 2 24 M Date(s) of Use4 2.1.0 3Qd 144h HOLD HARMLESS AGREEMENT The undersigned hereby agree(s) to hold the City of National City and the Parking 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 permutes or itee's agents, employees or contractors. For Office Use Only Certificate of Insurance Approved Date 7 ACO.RD_ CERTIFICATE OF LIABILITY INSURANC 1 "04/14/ors PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION G . S . Levine Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services , Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 3377 Carmel Mountain Road San Diego CA 92121 COMPANIES AFFORDING COVERAGE T. Kelly y Howell COMPANY A American Motorists Ins/Kemper 858-481-8692 Phone No. FncNo. INSURED COMPANY B COMPANY COPY Inc. C• Clothing International, 672 "L" Street COMPANY Chula Vista CA 91911 D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COPOLICY LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE (MM/DD/YY) POUCY EXPIRATION DATE (MM/DD/YY) UNITS GENERAL AGGREGATE S 2,000,000 GENERAL LIABILITY 7RS69495402 04/06/00 04/06/01 PRODUCTS - COMP/OP AGG $2,000,000 A COMMERCIALGENERALUABIUTY S 1 000 000 PERSONAL & ADV INJURY , , CLAIMS MADE X OCCUR S 1, 000 000 EACH OCCURRENCE , OWNERS & CONTRACTORS PROT FIRE DAMAGE (Any oneflre) S 100,000 MED EXP (Any one Person) S 10 ,000 AUTOMOBILE LIABILITY COMBINED SINGLE UNIT S ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) S SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accident) NON -OWNED AUTOS PROPERTY DAMAGE S AUTO ONLY - EA ACCIDENT $ GARAGE LIABILITY OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT S AGGREGATE S EACH OCCURRENCE S EXCESS UABILITY AGGREGATE S UMBRELLA FORM OTHER THAN UMBRELLA FORM S TORY UMW S OER _ WORKERS COMPENSATION AND EMPLOYERS' UABILITY EL EACH ACCIDENT S THE PROPRIETOR/ EL DISEASE - POUCY UNIT S PARTNERS/EXECUTIVE OFFICERS ARE: INCL EXCL EL DISEASE • EA EMPLOYEE S OTHER • DESCRIPTION Re: Rosado CG2011 *10 OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS 28 North Euclid Avenue, National City CA Associates is named as Additional Ensured/Landlord per the attached endorsement. day notice of cancellation applies for non-payment of premium. CERTIFICATE HOLDER ROSAD02 Rosado Associates CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEF BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. a Box got CDiego CA 92138 '. -San A DU f BRED REPRESS TIVE• - ."...en nnnnfBATVNJ 1QRR ACORD 25-S (1/95) POLICY NUMBER; 7RS69495402 COMMERCIAL GENERAL LIABRITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 1. Designation of Premises (Part Leased to You): 28 North Euclid Avenue National City, CA 2. Name of Person or Organization (Additional Insured): Rosado Associates PO Box 82128 San Diego, CA 92138 (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person or organization shown in the Schedule. CG 20 11 01 96 Copyright, Insurance Services Office, Inc., 1994 II1®'S ICILY CLOTHING 28N.EUCLID • NATIONAL CITY,CA 91950 ♦ SAN DIEGO Phone (619)26450814-F (619)429.9825 Jananary 6,2001 STORE MANGER •DAN/EL DEANDA 28N. EUCLID NATIONAL CITY,CA 91950 TO WHOM IT MAY CONCERN I am writing this letter to askyouforyour consent to have a parking lot sale with a radio remote. The sale will begin on February the 2nd 3rd and 4th. The radio remote will be held on Saturday the 3rd between 12:00pm to 5:00pm. Sincerely, cot Daniel Deanda Jr. City of National City, California COUNCIL AGENDA STATEMENT ETING DATElanuary 23, 2001 AGENDA ITEM NO. 8 "ITEM TITLE TEMPORARY USE PERMIT -COMMUNITY EDUCATION ENHANCEMENT GRAND OPENING PREPARED Bmathleen Trees, Director I DEPARTMENT Building and Safety EXPLANATION This is a request from Community Education Enhancement to conduct a grand opening ceremony on the patio at their offices located at 517 Mile of Cars Way on January 31, 2001. The hours of the event are from 10:30 a.m. until 2:30 p.m. The event will consist of a reception and a keynote speech followed by a tour and buffet lunch. Background music will be played during lunch. A waiver of fees is requested. The event and sponsoring organization meet the criteria in City Council Policy No. 704 for a waiver of fees. CEnvironmental Review " N/A Financial Statement Approved By: Finance Director The City has incurred $136.00 in costs in processing the T.U.P. through various City Departments. AccountlA. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and grant a waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application For A Temporary Use Permit with recommended conditions of approval A-200 (9 99) Type of Event: Festival _ Public Concert _ Fair — Block Party Parade _Demonstration — Circus — _ Motion Picture ' Grand Opening _Other Event Title: � l h Vln ttl.1 I -1 EbO CKt t o t4 G)41A/int cErKe2N1 f ErRA'J D Of e T,\ 6' Event Location: 511 VV\ 1 L a✓ 0 f CA-RS W ,`1 Event Date(s): From 1 13110 ( to t 131 ID I Mon hNayffe r Actual Event Hours: %DL 3v pm to a' 30 vv Setup/assembly/construction Date: I /31 0 I Start time: _ Alt\ Please describe the scope of your setup/assembly work (specific details): E2ECr CftnioPI, ce-7`UIre' -TAr3L,65 BIND cH'h'v- ,N PA-r,0 / 6'�4 Community Event Total Anticipated Attendance: RsOO _Participants) IS Spectators) Dismantle Date: 1111 la 1 Completion Time: 2 ' v ° ame List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and' rile of reopening. Sponsoring Organization:COvv1.vikUNI EbUCP( oNENI-iMeaniei*or Profit X Not -for -Profit Chief Officer of Organization (Name) 6 eNl; V EVE £ ucs ► "4- Applicant (Name): Ge-Ne V LSV E Ru s.Ii` Address: 11 v'tk OF CA$S Daytime Phone: (60) 3310 704 S Evening Phone: (44 5 EV. o 75 Fax: (b/9 L/ 714 - 4 1$0 0E-Aravc v' 8 u c s, "I Contact Person "on site" day of the event: Pager/Cellular: &M/ Co 8 - o 9 0� NOTE: THIS PERSON MUST BE IN AVOIDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY:OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? OYES _ NO Are admission, entry, vendor or participant fees required? YES y NO If YES, please explain the purpose and provide amount(s): $ r� Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ ! 0, 000 Estimated Expenses for this event. $ vNKNOW1 AI What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. l©: 'o —/®:Lis REearnOA) !ous _ i,:oo AeY/VvTE SP6 CH woo _ , '30 77vui LvNco/ 2 _ YES NO YES XNO _ YES XNO Does the event involve the sale or use of alcoholic beverages? Will items or services be'sold at the event? If yes, please describe: Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. X YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession andlor Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: S ELE SE2r/ E C E %ju-r-{p,.'f' If you intend to cook food in the event area please specify the method: COc� ©1✓�Sv E GAS ELECTRIC _ CHARCOAL )C OTHER (Specify): T ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: L4 (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures or related structures ➢ Scaffolding, bleachers, platforms, stages, grandstands ➢ Vehicles and/or trailers ➢ Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) ��mPs�t Number of trash cans: /0 Trash containers with lids: ci tS Describe your plan for clean-up and removal of waste and garbage during and after the event: 00vh x.) % £ciu cAllor`1 6N kfror C€ft U $4- S -CF r2erni9-r r� -2_ c4 envs,f f u rr'ru ft/l 6fry cr, I tow ys1 9.J 3 Please describe your procedures for L th Crowd Control and Internal Security: (` ,tv►QU.S 5e&uLt-9 _ YES X_ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have de for providing First Aid Staffing and Equipment. ISM" ud te- tru►L 400 I/I1 Please describe your Accessibility Plan for access at your event by individuals with disabilities: '"11..e9-6 ►s DeS1 6iu*?t a +t/tv i cAP,vey ) 9-,-KiAl6 ix/ Td-1 Lor }Nu:uiT-eeivng 4m ' i,v+0 f) SITE. Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: rksaUed The4-ivt e_at-mnews. Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YES , NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: RYES _ NO Will sound amplification be used? If YES, please indicate: Start time: j D am m Finish Time 2` y° am On _ YES 244O Will sound checks be conducted prior to the event? If YES, please indicate: Number of Bands: Start time: am/pm Finish Time am/pm Please describe the sound equipment that will be used for your event: Tit) bliG a ss' s.v\sreol fog. keymo-rtS -kCz ZdfcK6.12a0A net1/4, `Dviti Lun YES XNO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES YNO Any signs, banners, decorations, special lighting? If YES, please describe: 5 For Office 'Use OnCy Department Date Yes No Condition(s) of Approval Specific Conditions of Approval Initial BUILDING AND SAFETY DUI, I. RECEIVED JANI')?OM NATIONAL CITY, CALIF. 6 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? XYes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization® vh rv► uN' Eby c'tTI o») e-N HANG rn0W7 Type of Organization o b L ACC` e r "r (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) XNo (Please sign the form and submit it with the TUP Application) 4. 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 (Please provide an explanation and details. No (Please proceed to on 5) S 5. Will the;proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 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 (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: X No (P lease sign the form and submit it with the TUP Application) 01 iDg D] Signature Date 9 CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: Community Education Enhancement EVENT: Grand Opening DATE OF EVENT: January 31, 2001 TIME: 10:30 a.m. until 2:30 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x 1 NO [ 1 SEE CONDITIONS [ 1 Conditions of Approval: FIRE (336-4550) Provider of 800 sq.ft. canopy will need to get a permit from the Fire Department 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. f Organization env^yin ON e-bU ct�T'toN N�nttN C6rnt;N1" Person in Charge of Activity 4E^►e1616.- O cs I +- Address 5 1-7 w► / L e: o r 017?S w , AM-T1 o,4 AL °cry CA-- 9/ q SO Telephon(6/ 90136 - 7a95 Date(s) of Use W £�P SeiN v Y 31, 20 o I HOLD HARMLESS AGREEMENT The undersigned hereby agree(s) to hold the City of National City and the Parking 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 permutes or permitee's agents, employees or contractors. Signature of Applicant EX COTI V E br CTO . Official Title For Office Use Only Certificate of Insurance Approved Date 7 AGORA. .CERTIFICATE OF LIABILITY INSURANC ID !l DATE pommy) 08/28/00 PRODUCER Murria & Frick Insurance 80 Stevens Ave., First Floor vSolana Beach CA 92075 Phones850-259.5800 Fax1858-259-6069 THIS CERTIFICATE IS ISSUED AS A MATTER OF NFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED a Partnership for Academic & Career Enhancement • 5070 Santa Fe Street San Diego CA 92109 INSURER A: CHA Insurance INSURER B: INSURER C: INSURER 0: INSURER E: COVERAGES THE ANY MAY POLICIES. POLICIES OF INSURANCE LISTED BELOW REQUIREMENT, TERM OR COMMON OF HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU. THE TERMS, EXCLUSIONS AND CONDITIONS -OF SUCH HAVE BEEN REDUCED BY PAID CLAIMS. PERTAIN, THE INSURANCE AFFORDED BY AGGREGATE LIMITS SHOWN MAY �an TYPE OF INSURANCE POUCY NUMBER GATE IR aR) E �y DppATI,E LIMITS GENERAL UABIU Y cOMMERCIALOENERALUABIUTY _..... . SPP247943354 07/24/00 S 1; 0001000 ECHOMUM8KM A x I 07/24/01 FIREDAMGE(Myoneen) $100, 000 CLAIMS MADE 1 81 OCCUR MED EXP (My one person) S 10, 000 PERSONAL 8ADV INJURY S 1, 000, 000 GENERAL AGGREGATE S 1, 000, 000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG 82,000,000 POLICY n n LOC AUTOMOBILE LIABILITYCOMBINEDSINGLE ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS AUTOS NON -OWNED AUTOS UNIT (Ea tosidard) BODILY INJURY person) (Per p) S HHIRED BODILY INJURY (pert) S 1. PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY 1 ANY AUTO 111 AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC S AUTO ONLY: AGG S EXCESS LIABILITY EACH OCCURRENCE S 7 OCCUR I I CLAIMS MADE AGGREGATE $ DEDUCTIBLE S S ,i I—j RETENTION S S WORKERS COMPENSATION AND ERPLOYERS'LIABILITY 1 ITORYUMRS y - E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE S E.L. DISEASE - POUCY LIMIT S I OTHER DESCRIPTION OF OPERATIONSILOCATIONSNERICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The Certificate Holder is named as Additional Insured with respects to the General Liability Only CERTIFICATE HOLDER Y I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SWElTWA Sweetwater Onion High School District 1130 Fifth Ave Chula Vista CA 91911 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATI DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHAL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE ENSURER ITS AGENTS OR REPRESENTATIVES. Raymond Sutt raw" ACORD 25-S (7/97) CACORD CORPORATION 488E