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2006 03-07 CC CDC AGENDA PKT
Agenda Of A Regular Meeting National City City Council Agenda of a Regular Meeting Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — March 7, 2006 - 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council and Community Development Commission (CDC) 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/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you for your presence and wish you to know that we appreciate your involvement. Pledge of Allegiance to the Flag by Mayor Nick Inzunza Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at 336-4228 to request a disability -related modification or accommodation. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretation en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. I // Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings OPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 3/7/06 Page 2 CITY OF NATIONAL CITY INTERVIEWS/APPOINTMENTS 1. Interviews and Appointments: Various Boards & Commissions (City Clerk) CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 2. Approval of the minutes of the Regular Meeting of December 20, 2005. (City Clerk) 3. Approval of a motion to waive reading of the text of all Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 4. Resolution accepting the lowest, responsive, responsible bid from Hawthorne Equipment for the lease -purchase of a Caterpillar wheel loader to replace current 15-year old equipment in need of repair for the total award of $97,057.88. (Purchasing) **Refer to Item #5** 5. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Saulsbury Hill Financial for lease financing for the purchase of a Caterpillar 924G wheel loader for the Public Works Department for a ten year period. (Finance) **Refer to Item #4** 6. Resolution authorizing the City Engineer to establish a "30-minute parking " zone in front of 225 W. 9TH Street. (J. Lomeli, TSC Item No. 2006-04) (Engineering) CONSENT CALENDAR (Cont.) COUNCIL AGENDA 3/7/06 Page 3 7. Resolution of the City of National City to apply for a grant to the California Integrated Waste Management Board (CIWMB) in the amount of $150,000 for the use of rubberized asphalt concrete and authorizing the City Engineer to sign the application and administer the grant. (Supplements the 2005- 2006 $3.4M street repair project) (Engineering) 8. Resolution of the City of National City approving a Work Order with Infrastructure Engineering Corporation in an amount not to exceed $86,670 to prepare the Downtown Specific Plan Utilities Impact Report and authorizing the City Engineer to sign the Work Order. (Funded by the Community Redevelopment Agency) (Engineering) 9. Resolution of the City Council of the City of National City authorizing the purchase of a mobile Patches & Pumper Robot along with public education materials from Robotronics in the amount of $14,878 as a 100% grant purchase from FY05 Assistance to Firefighters - Fire Prevention and Safety Program. (Fire) 10. WARRANT REGISTER # 31 (Finance) Ratification of Demands in the amount of $922,985.00. 11. WARRANT REGISTER # 32 (Finance) Ratification of Demands in the amount of $1,159,424.45. 12. WARRANT REGISTER # 33 (Finance) Ratification of Demands in the amount of $340,955.10. 13. Temporary Use Permit — CHP Child Safety Day. (Building & Safety) 14. Temporary Use Permit — National City Living History Farm Preserve, Inc. — Farm Day at 1808 F Avenue from April 17, 2006 to April 29, 2006. (Building & Safety) COUNCIL AGENDA 3/7/06 Page 4 ORDINANCE FOR INTRODUCTION 15. An Ordinance of the City Council of the City of National City amending Section 2.01.020 of the National City Municipal Code to designate the City Manager as the Executive Director and Secretary of the Community Development Commission of the City of National City. (City Attorney) PUBLIC HEARING 16. Public Hearing — 2006-2007 Consolidated Plan Funding Allocation for Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) programs — Applicant presentations. (City Manager) NEW BUSINESS 17. Resolution accepting proposals for the Police Department's towing contract and awarding contracts to two providers: Moynahan Towing and JC Towing. Contract term: April 1, 2006 — March 31, 2009. (Purchasing/Police) 18. Design Review: Approval of "Harbor View Condominiums" project design review pursuant to Downtown Specific Plan Consistency Review (DSP- 2005-2). Location: 404 E. 8th Street, 419 E. 9th Street and 829 D Avenue. (Applicant: Gulf Unlimited Corporation) (Community Development Commission) 19. Resolution of the City Council of the City of National City approving the "Harbor View Condominiums" project design review pursuant to Downtown Specific Plan Consistency Review (DSP-2005-2). Location: 404 E. 8th Street, 419 E. 9th Street and 829 D Avenue. (Applicant: Gulf Unlimited Corporation). (Community Development Commission) 20. Design Review: Approval of "Marinus" project design review pursuant to Downtown Specific Plan Consistency Review (DSP-2005-6). Location: 241 National City Boulevard and 35 East 3rd Street. (Applicant: Paladin Partners). (Community Development Commission) COUNCIL AGENDA 3/7/06 Page 5 NEW BUSINESS (Cont.) 21. Resolution of the City Council of the City of National City approving the "Marinus" project design review pursuant to Downtown Specific Plan Consistency Review (DSP-2005-6). Location: 241 National City Boulevard and 35 East 3rd Street. (Applicant: Paladin Partners) (Community Development Commission) 22. Report on outdoor display and sale of merchandise. (Planning) 23. National City Transit Monthly Report for February — 2006. (John P. Webster Sr., Vice President -General Manager, National City Transit) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 24. Ratification of expenditures for the period of 02/16/06 through 02/24/06 in the amount of $454,875. (Community Development Commission/Finance) 25. Resolution of the Community Development Commission of the City of National City authorizing the expenditure in the amount not to exceed $86,670 for Infrastructure Engineering Corporation to prepare the Downtown Specific Plan Utilities Impact Report. (Community Development Commission/Finance) 26. Resolution of the Community Development Commission of the City of National City approving the expenditure with MBIA MuniServices to provide interim administrative consulting services. (Community Development Commission/Finance) COUNCIL AGENDA 3/7/06 Page 6 STAFF MAYOR AND CITY COUNCIL CLOSED SESSION Conference with Legal Counsel — Existing Litigation — Government Code Section 54956.9 (a) City of National City, Community Development Commission of the City of National City v. Dean Delibertis - SDSC Case No. GIS 23258 Next Regular City Council and Community Development Commission Meeting — Tuesday — March 21, 2006 - 6:00 p.m. — Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT March 7, 2006 1 AGENDA ITEM NO. f ITEM TITLE PREPARED BY EXPLANATION INTERVIEWS AND APPOINTMENTS: Various Boards & Commissions Michael R. Dalla DEPARTMENT City Clerk EXT. Several vacancies exist on various Boards & Commissions. The vacancies have been advertised and posted. In addition, announcements have been made and flyers and applications have been distributed at Neighborhood Council meetings. The number of applicants received as this report is being prepared is very small. It is hoped that additional applications will be submitted by the March 7th Council Meeting. Any applications that are submitted will be distributed prior to the meeting. Environmental Review _ N/A MIS Approval Financial Statement None Approved By: Finance Director Account No. STAFF RECOMMENDATION Interview and appoint as Council deems appropriate BOARD / COMMISSION RECOMMENDATION NA ATTACHMENTS ( Listed Below ) Resolution No. None A•200 (Rev. 7/03) ITEM #2 3-7-06 APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF DECEMBER 20, 2005. (CITY CLERK) ITEM #3 3/7/06 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Della — City Clerk (619)336-4226 (619) 336-4229 To: Honorable Mayor and Council From: Michael Dalla, City Clerk Subject: Ordinance Introduction and Adoption It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at thismeeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". mrd City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 7, 2006 4 AGENDA ITEM NO. (ITEM TITLE Resolution accepting the lowest, responsive, responsible bid from Hawthorn Equipment, for the lease -purchase of a Caterpillar Wheel Loader to replace current 15-year old equipment in need of repair, for a total award of $97,057.88 PREPARED BY DEPARTMENT Brenda E. Hodges, C.P.M. i�jg.t1.� Purchasing Dept. x4570 EXPLANATION EXT. As allowed by Purchasing Ordinance #1480, section 16, this award will be made as a result of competitive bids solicited by the City of Redlands, CA., where Caterpillar was determined to be the lowest responsive, responsible bidder, and was awarded their bid for a 924G Caterpillar Wheel Loader. Hawthorne Equipment, the local Caterpillar dealer, is pleased to offer the City of National City, the opportunity to take advantage of this competitive price. The City of Redlands bid fully complies with Section 11 of Ordinance #1480. Additional market research has been conducted to consider other brands, and purchasing options. An alternate brand loader, available via a different piggyback opportunity, priced out at $119,081.00. It is in the City's best interest to take advantage of the competitive pricing offered by Hawthorne for the Caterpillar unit for $97,057.88. Price includes the trade-in of our current (inoperable) Caterpillar loader. This purchase would be financed through a municipal leasing program to spread the funding impact over 10 years. See separate lease purchase request in this agenda. Environmental Review X N/A MIS Approval Financial Statement See separate agenda item for details of lease - purchase arrangements Approved By: Finan irector See fina Account No. ial statement STAFF RECOMMENDATION In concurrence with Public Works Director, the Purchasing Agent recommends that the award be made to Hawthorne Equipment, and that authority be given to the Purchasing Agent to issue resulting purchase order. BOARD / COMMISSION RECOMMENDATION not applicable ATTACHMENTS ( Listed Below ) 1) Purchase/Pricing Options 2) Resolution Resolution No. A-200 (Rev. 7/03) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE LOWEST RESPONSIVE, RESPONSIBLE BID FROM HAWTHORNE EQUIPMENT AND AUTHORIZING THE PURCHASE OF ONE CATERPILLAR WHEEL LOADER FOR THE PUBLIC WORKS DEPARTMENT IN THE AMOUNT OF $97,057.88 TO BE PAID VIA A TEN YEAR LEASE/PURCHASE AGREEMENT WHEREAS, Section 2.60.260 of the Municipal Code authorizes the purchasing agent to join with other public jurisdictions in cooperative purchasing plans; and WHEREAS, as a result of competitive bids solicited by the City of Redlands, California where, Hawthorne Equipment was determined to be the lowest responsive, responsible bidder, and was awarded their bid for one 924 G Caterpillar Wheel Loader, the purchasing agent has recommended the purchase of one (1) 924 G Caterpillar Wheel Loader from Hawthorne Equipment. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of National City hereby awards the contract for one (1) 924 G Caterpillar Wheel Loader to the lowest bidder, to wit: HAWTHORNE EQUIPMENT BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the Purchasing Agent to execute on behalf of the City a purchase order between Hawthorne Equipment and the City of National City for the purchase of one 924 G Caterpillar Wheel Loader for the Public Works Department in the amount of $97,057.88. PASSED and ADOPTED this 7111 day of March, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Purchasing Dept. REPLACEMENT LOADER: PURCHASE/PRICING OPTIONS 2/21/2006 Vendor: D3 Equipment Hawthorn Brand: Case Caterpillar Bid: City of SD City of Redlands Unit Price $117,378.00 $115,076.92 Additional Equip (See note #1) $8,138.00 $0.00 Doc Fees $0.00 $0.00 Other: $0.00 $0.00 $125,516.00 $115,076.92 Less trade-in for current Cat -$15,000.00 -$25.000.00 $110,516.00 $90,076.92 Tax $8,564.99 $6,980.96 Delivery $0.00 $0.00 Total $119,080.99 $97,057.88 Difference: -$22,023.11 Note 1: Additional equipment not required with purchase of Caterpillar brand, since we currently have a Caterpillar unit and can re -use some of the accessories City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 7, 2006 AGENDA ITEM NO. 5 /ITEM TITLE ` RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH SAULSBURY HILL FINANCIAL FOR LEASE FINANCING FOR THE PURCHASE OF A CATERPILLAR 924G WHEEL LOADER FOR THE PUBLIC WORKS DEPARTMENT PREPARED BY Bill Yeomans t/!�/ DEPARTMENT Finance x 4330 Interim Finance Dir EXPLANATION In conjunction with the Purchasing Agent's purchase of a Caterpillar 924G Wheel Loader from Hawthorne Equipment for the Public Works Department, the Finance Department received proposals from four different lease financing vendors and selected Saulsbury Hill Financial because of its lowest interest rate, financing commitments and delivery requirements. The term of the lease financing is for 10 years at 4.431 % for a quarterly principal and interest payment of $3,016.80 or $12,067.20 per year. Environmental Review X N/A Financial Statement The amount of $120,672.00 spread out for 10 years at $12,067.20 per year will be added to the Gas Tax, Sewer, Refuse and Parks Capital Funds. Account No. Age STAFF RECOMMENDATION Staff recommends to award the Lease Financing Contract to Saulsbury Hill Financial. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Resolution Lease Proposal Summary A-200 (9/80) RESOLUTION NO. 2006 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH SAULSBURY HILL FINANCIAL FOR LEASE FINANCING FOR THE PURCHASE OF A CATERPILLAR 924G WHEEL LOADER FOR THE PUBLIC WORKS DEPARTMENT WHEREAS, in conjunction with the Purchasing Agent's purchase of a Caterpillar 924G Wheel Loader from Hawthorne Equipment for the Public Works Department, the Finance Department has received proposals from four different lease financing vendors; and WHEREAS, after reviewing all proposals, staff recommends Saulsbury Hill Financial because it offers the lowest interest rate, financing commitments and delivery requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a lease financing agreement with Saulsbury Hill Financial for the purchase of a Caterpillar. 924G Wheel Loader from Hawthorne Equipment for the Public Works Department. Said agreement is on file with the Office of the City Clerk. PASSED and ADOPTED this 7th day of March, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III, City Attorney Fund # Gas Tax Sewer Refuse Parks 109 125 172 115 50% 25% 15% 10% CAT Loader City of National City Public Works Principal $ 97,057.88 Years 5 Rate 4.398% 48,528.94 24,264.47 14,558.68 9,705.79 Annual pmt. 5 years 10,865.06 5,432.53 3,259.52 2,173.01 10 4.43% Annual pmt. 10 years 6,033.60 3,016.80 1,810.08 1,206.72 TOTAL 100% $ 97,057.88 $ 21,730.12 $ 12,067.20 Fund Line item 109 422-000 455 000 125 422-000 455 000 172 422-000 455 000 115 422-000 455 000 City of National City, California COUNCIL AGENDA STATEMENT March 7, 2006 MEETING DATE AGENDA ITEM NO. 6 I ITEM TITLE Resolution authorizing the City Engineer to establish a "30 Minute Parking" zone in front of 225 W. 9th Street (J. Lomeli, TSC Item No. 2006-04) Adam Landa Engineering 4394 PREPARED BY DEPARTMENT EXT. EXPLANATION Mr. Jesus Lomeli, the owner of Ouchi's Power Equipment located at 225 W. 9th Street, has requested the installation of a "30 Minute Parking" zone in front of the property. In his correspondence, he explains that vehicles park in front of his business all day leaving no parking for his customers. This 30-Minute Parking zone will be from 7:00 A.M. to 5:00 P.M. and will apply to 2 spaces. The Traffic Safety Committee approved the "30 Minute Parking" zone in front of 225 W. 9th Street, at their meeting of February 8, 2006. 2 CEnvironmental Review Financial Statement N/A N/A MIS Approval >STAFF RECOMMENDATION Adopt the Resolution. Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee, at its meeting of February 8, 2006, approved 30 Minute Parking" zone \ from 7:00 A.M. to 5:00 P.M. in front of 225 W. 9th Street ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 2006-04 A-200 (Rev. 7/03) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH A 30 MINUTE PARKING ZONE IN FRONT OF 225 WEST 9TH STREET (TSC Item No. 2006-04) WHEREAS, Jesus Lomeli, the owner of Ouchi's Power Equipment located at 225 West 9th Street, has requested the installation of a 30 minute parking zone in front of property located at 225 West 9th Street because vehicles are parked in front of his business all day, which leaves no parking for his customers; and WHEREAS, at their February 8, 2006 meeting, the Traffic Safety Committee approved a 30 minute parking zone in front of the property located at 225 West 9th Street from 7:00 a.m. to 5:00 p.m NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish a 30 minute parking zone in front of property located at 225 West 9th Street from 7:00 a.m. to 5:00 p.m. PASSED and ADOPTED this 7th day of March, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR FEBRUARY 8, 2006 ITEM NO. 2006-4 ITEM TITLE: REQUEST FOR THE INSTALLATION OF "30 MINUTE PARKING" ZONE IN FRONT OF 225 W. 9T" STREET (BY: J. LOMELI, PHONE NO. 619/808-8150) PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: Mr. Jesus M. Lomeli, the owner of Ouchi's power Equipment located at 225 W. 9th Street, has requested the installation of "30 minute parking" zone in front of his property. The reason for their request is that several vehicles park in front of his business and then walk to their work destinations. They leave their vehicles there all day and his customers don't have any place to park. Staff spoke with Mr. Lomeli about the situation and decided that a 30-minute parking zone would be the solution to the parking problem. STAFF RECOMMENDATION: Staff recommends the installation of "30 minute parking" zone from 7:00 a.m. to 5:00 p.m. in front of 225 W. 9th Street. EXHIBITS: 1. Letter 2. Location Map 3. Photo 2006-4 ENGINEER January 20, 2006 ?CO6 JAN 25 j City Of National City C/o Engineering Department 1243 National City Boulevard National City, CA 91950 Dear Engineering Department Director: 55 I am writing this letter as one of your new neighbors in your fine city. My name is Jesus Macias Lomeli. I recently purchased a business by the name of Ouchi's Power Equipment located at 'Street National City, CA 91950. The business was originally located in the City of San Diego. I decided to move it here to National City and am a current Chamber of Commerce member. I decided to bring my new Lawnmower Sales and Service business to National City due to the fact that there was no other business offering this type of service to your citizens. I am very aware of the progress National City has made in the last few years and believe I can be a part of its new image, so I decided to invest in National City. I currently service machinery for several municipalities including City of National City, City of Chula Vista, City of Imperial Beach and City of Lemon Grove. Although a good percentage of my customers are local municipalities, the greater part of my customers are small businesses and sole proprietorships. And this is what brings me to write to you at this time. In the short time that I have been opened I have encountered a problem with adequate parking for my customers. Everyday there are several vehicles that park directly in front of my business, the owners of these vehicles then walk to their work destinations. The problem with this is that my customers then do not have anywhere near to park and do business at my shop. Most of my customers come either to quickly purchase materials or parts or come to drop off equipment that needs to be serviced. There is constant turnover as far parking for my customers. Some of the equipment is too heavy to haul from a half a block or further away so I need your help. I would like to inquire as to what is necessary to paint the curb in front of my business yellow, so to allow my customers to park and drop off their equipment. If there is a fee or license for this I am more than willing to do my part. I just need help to be able to better service my customers. Your consideration and prompt attention to this matter is greatly appreciated. I look forward to hearing from you soon. Sincerely, Jesus Macias Lomeli Owner-Ouchi's Power Equipment 225 W. 9a' Street National City, CA 91950 619-263-6114 C�t1 — LOCATIOiN MAP VV *0•1•0••• City of National. City, California COUNCIL AGENDA STATEMENT March 7, 2006 MEETING DATE 7 AGENDA ITEM NO. ITEM TITLE Resolution of the City of National City to apply for a Grant to the California Integrated Waste Management Board (CIWMB) in the amount of $150,000 for the use of Rubberized Asphalt Concrete and authorizing the City Engineer to sign the application and administer the Grant. (Supplements the 2005-2006 $3.4M Street Repair Project) PREPARED BY Alberto Griego DEPARTMENT Engineering EXT. 4386 EXPLANATION See Attached Explanation. ( Environmental Review X N/A Financial Statement N/A MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMM DATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Application Form ciwmb A-200 (Rev. 7/03) RE: Resolution of the City of National City to apply for a Grant to the California Integrated Waste Management Board (CIWMB) in the amount of $150,000 for the use of Rubberized Asphalt Concrete and authorizing the City Engineer to sign the application and administer the Grant. (Supplementals the 2005-2006 3.4M Street Repair Project). EXPLANATION: The California Integrated Waste Management Board (CIWMB) receives an annual appropriation from the California Tire Recycling Management Fund to administer the Tire Recycling Act (Senate Bill 937, Vuich, Statutes of 1990, Chapter 35) and related legislation. As part of the Act, CIWMB is offering the Senate Bill (SB) 1346 Rubberized Asphalt Concrete (RAC) Grant Program to encourage the use of waste tire rubber. CIWMB will award the grants on a competitive basis. The purpose of this competitive grant program is to fulfill the legislative mandates by assisting in the development of markets for products manufactured from California waste tires and supporting the diversion of waste tires from landfills and stockpiles. The 2005/2006 Fiscal year funding cycle will have an applicant/jurisdiction aggregate project funding limit of $150,000. Eligible projects must use a minimum of 2,500 tons of RAC. On October 4, 2005, by resolution No. 2005-217, the City Council awarded a contract to Manhole Adjusting Contractors, Inc. for the National City Resurfacing Project, FY 05-06, Specification No. 04-09 project. In this project Engineering Staff has identified 38 sections of streets in the city, which will utilize 9,500 tons of RAC for their overlay. Engineering Staff recommends that this SB 1346 Rubberized Asphalt Concrete Grant Program Resolution be adopted and the application submitted. RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPLY FOR A GRANT TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD (CIWMB) IN THE AMOUNT OF $150,000 FOR THE USE OF RUBBERIZED ASPHALT CONCRETE (RAC) AND AUTHORIZING THE CITY ENGINEER TO SIGN THE APPLICATION AND ADMINISTER THE GRANT. WHEREAS, Public Resources Code Section 42872.5 allows the California Integrated Waste Management Board (CIWMB) to award grants to public entities for funding of public works projects that use Rubberized Asphalt Concrete (RAC); and WHEREAS, the CIWMB has been delegated the responsibility for the administration of the RAC grant program, setting up necessary procedures governing application by local governments under the program; and WHEREAS, said procedures established by the CIWMB require the applicant to certify, by resolution, approval of the grant application; and WHEREAS, if awarded a grant, the applicant will enter into an agreement with the State of California for development of the project; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of National City: that the City Council authorizes the submittal of an application to the CIWMB for an SB 1346 Rubberized Asphalt Concrete Grant. The City Engineer or his designee, is hereby authorized and empowered to execute in the name of the City of National City all necessary applications, contracts, agreements, amendments and payment requests for the purpose of securing grant funds and to implement and carry out the purposes specified in the grant application. PASSED and ADOPTED this 7th day of March, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney SB 1346 Rubberized Asphalt Concrete Grant Program Application Form Applicant Name: City of National City Mailing Address: 1243 National City Blvd. City: National City County: San Diego Zip Code: 91950 Federal Tax Identification Number: Primary Contact/Title: Stephen M. Kirkpatrick/City Engineer Telephone Number: (619) 336-4383 E-mail Address: skirkpatrick@ci.national- city.ca.us Fax Number: (619) 336-4397 Secondary Contact/Title: Alberto Griego/Associate Engineer -Civil Telephone Number: (619) 336-4386 Legislative District Numbers Assembly pl t d 1tue,applicatioi provide the Ibilawipgin a consultant coiin Company Name: Company Address: E-mail Address: agriego@ci.national- city.ca.us Fax Number: (619) 336-4397 Senate: ee... Applicant TYI ircle yr check one) XD City ❑ County ❑ City and County ❑ Special District (Type) ❑ Other: ftItIt at( ittig Phone: Funduig Inform Grant Funds Requested $150,000 (Total for all Projects) Location (e.g., city/town, intersection): National City Limits (e.g., Postmile or Point A to Point B): various locations (see attached list) Type of RAC: X❑ Asphalt -Rubber ❑ Dry Process ❑ Terminal Blend ❑ Other (Type) Length of Paving: 33,020 linear feet or approximately 6.25 miles Width of Paving: varies from 25 feet to 60 feet wide Depth/Thickness of Paving: varies from 3/8 " to 1 'A" Tons of RAC Used: Approximately 9,500 tons Amount of crumb rubber per ton of RAC (e.g., wt of rubber in binder x percent binder in hot mix): Minimum of 20 lbs per ton Construction Starting and Completion Dates: March 1, 2006 to November 14, 2006 Location (e.g., city/town, intersection): Limits (e.g., Postmile or Point A to Point B): Type of RAC: 0 Asphalt -Rubber 0 Dry Process 0 Terminal Blend 0 Other (Type) Length of Paving: Width of Paving: Depth/Thickness of Paving: Tons of RAC Used: Amount of crumb rubber per ton of RAC (e.g., wt of rubber in binder x percent binder in hot mix): Construction Starting and Completion Dates: Location (e.g., city/town, intersection): Limits (e.g., Postmile or Point A to Point B): 3 Cniairnnatioti Type of RAC: 0 Asphalt -Rubber ❑ Dry Process 0 Terminal Blend 0 Other (Type) Length of Paving: Width of Paving: Depth/Thickness of Paving: Tons of RAC Used: Amount of crumb rubber per ton of RAC (e.g., wt of rubber in binder x percent binder in hot mix): Construction Starting and Completion Dates: Location (e.g., city/town, intersection): ect 4 Inlormahon °; Limits (e.g., Postmile or Point A to Point B): Type of RAC: ❑ Asphalt -Rubber 0 Dry Process ❑ Terminal Blend ❑ Other (Type) Length of Paving: Width of Paving: Depth/Thickness of Paving: Tons of RAC Used: Amount of crumb rubber per ton of RAC (e.g., wt of rubber in binder x percent binder in hot mix): Construction Starting and Completion Dates: (List more projects on additional sheet(s) if necessary) California Integrated Waste Management Board SB 1346 Rubberized Asphalt Concrete Grant Program Page 2 FY 2005/2006 Certification: I declare, under penalty of perjury under the laws of the State of California, that all information submitted for CIWMB's consideration for allocation of grant funds is true and accurate to the best of my knowledge. Signature of person authorized in the resolution: Date: Type or print name and title: _Stephen M. Kirkpatrick, City Engineer Applicant will comply with the principles of Environmental Justice as described below. (Please check the box and initial). Applicant certifies that all crumb rubber used in the aforementioned project will be derived from California used and waste tires. (Please check the box and initial). Environmental Justice Public entities that receive grant funding from CIWMB for this grant program must comply with the following principles of Environmental Justice. Environmental Justice is defined in Government Code Section 65040.12(e) as: "... the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation and enforcement of environmental laws, regulations, and policies." Senate Bill 115 (Solis, Statutes 1999, Chapter 690) broadly requires all California Environmental Protection Agency boards, departments, and offices to conduct their 'programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of the state." California Integrated Waste Management Board SB 1346 Rubberized Asphalt Concrete Grant Program Page 3 FY 2005/2006 >STAFF RECOMMENDATION Adopt the Resolution. MIS Approval Approved By: CN City of National City, California COUNCIL AGENDA STATEMENT March 7, 2006 MEETING DATE 8 AGENDA ITEM NO. (ITEM TITLE Resolution of the City Of National City Approving a Work Order with Infrastructure Engineering Corporation in an amount not to exceed $86,670 to prepare the Downtown Specific Plan Utilities Impact Report and Authorizing the City Engineer to Sign the Work Order. (Funded by the Community Redevelopment Agency) PREPARED BY DEPARTMENT EXT. 4383 Stephen Kirkpatrick Engineering EXPLANATION See Attached Explanation. CEnvironmental Review _ X N/A Financial Statement The work order is for an amount not to exceed $86,670. Fi nce Director Funds are available for this work through the Redevelopment Agency in account number V1 0-02.1 J . Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Scope of Work down �3. Contract A-200 (Rev. 7/03) RE: Resolution of the City Of National City Approving a Work Order with Infrastructure Engineering Corporation in an amount not to exceed $86,670 to prepare the Downtown Specific Plan Utilities Impact Report and Authorizing the City Engineer to Sign the Work Order. (Funded by the Community Redevelopment Agency) Explanation: The Downtown Specific Plan proposes in excess of 4,000 new units being developed within the downtown area. These units will have a demand for water, sewer, gas, and electricity. It is likely that upgrades to each of these infrastructure systems will be necessary to accommodate this downtown growth. Funding will be required for the upgrades. The cost of the needed upgrades needed to implement the Downtown Specific Plan should not be borne by current utility customers/rate payers. Although these costs may be shared with the Redevelopment Agency, each developer should participate in the cost of needed upgrades. Development should pay for development. These statements hold true even if an individual project under development is early in the implementation of the Downtown Specific Plan and doesn't actually "trigger" the need for the upgrade. This study is necessary to determine what utility upgrades are necessary to implement the Downtown Specific Plan. It is possible that upgrades to utilities that service the DSP area will actually go beyond the boundaries of the plan area, and this study will include those. The study will prepare cost estimates for every required upgrade. Knowing the required upgrades and the costs is the first step in preparing a plan on how the costs should be allocated. The City entered into a contract for Civil Engineering Services on April 5, 2005 with Infrastructure Engineering Corporation. A copy of the contract is attached. The contract is for as -needed civil engineering services and has a term of three years. This contract was the result of a Request for Qualification process that started with an open advertisement on September 9, 2004. RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A WORK ORDER WITH INFRASTRUCTURE ENGINEERING CORPORATION IN AN AMOUNT NOT TO EXCEED $86,670 TO PREPARE THE DOWNTOWN SPECIFIC PLAN UTILITIES IMPACT REPORT, AND AUTHORIZING THE CITY ENGINEER TO SIGN THE WORK ORDER WHEREAS, in order to ensure that the cost of upgrading water, sewer, gas and electric infrastructure systems to implement the Downtown Specific Plan is borne by the developers within the downtown area, and not by current rate payers, it is necessary to determine what utility upgrades are necessary; and WHEREAS, after an RFQ process, the City entered into a three-year agreement for as -needed engineering services with Infrastructure Engineering Corporation on April 5, 2005; and WHEREAS, Infrastructure Engineering Corporation is well -qualified to prepare an impact report to determine what utility upgrades are necessary to implement the Downtown Specific Plan, and is willing to prepare such a report; and WHEREAS, the impact report may be obtained by authorizing a work order in an amount not to exceed $86,670 pursuant to the existing agreement with Infrastructure Engineering Corporation; and WHEREAS, the City Council determines and finds that CDC funds are an appropriate financing source for the preparation of the impact report based upon the following: 1. The upgrade of the utility infrastructure systems mentioned herein are of benefit to the redevelopment project area or the immediate neighborhood in which the utilities are located. 2. No other reasonable means of financing the preparation of the impact ssreport are available to the community. 3. The preparation of the impact report and resulting upgrade of the utility infrastructure systems in the area within the Downtown Specific Plan will assist in the elimination of one or more blighting conditions in the redevelopment project area and is consistent with the implementation plan adopted pursuant to Section 33490 of the Health and Safety Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves a work order with Infrastructure Engineering Corporation in an amount not to exceed $86,670 to prepare the Downtown Specific Plan Utilities Impact Report, using CDC funds as a financial source, and authorizes the City Engineer to sign the work order. PASSED and ADOPTED this 7th day of March, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney February 21, 2006 Stephen M. Kirkpatrick City Engineer City of National City 1243 National City Boulevard National City, CA 91950-4301 ENGINEERING DEPT. f-ffrc:*i;tfCb_°!E; trr;i;ir.r;;rit 200b FEB 21 P I: 31-I Reference: Downtown Specific Plan Utilities Impact Report Dear Mr. Kirkpatrick: In accordance with your request, Infrastructure Engineering Corporation (IEC) is pleased to submit this proposal to conduct a study of the impact that the proposed Downtown Specific Plan will have upon the existing wastewater, water, electrical and gas facilities in the City of National City (City). Our attached detailed scope of work incorporates the following key items: ➢ An inventory of the existing utilities in the proposed Downtown Specific Plan area ➢ Determination of the existing capacity of these utilities ➢ Impacts to these utilities attributed to the proposed Downtown Specific Plan ➢ Estimated probable costs attributed to the impact of the proposed Downtown Specific Plan upon these utilities ➢ Turpin & Rattan Engineering, Inc will be performing the Electrical System and Gas Facility portions of this report, which IEC will manage at no additional cost. ➢ IEC shall prepare the Downtown Specific Plan Utilities Impact Report containing a comprehensive summary of the wastewater, water, electric system and gas system utilities impact reports. D. As an optional task, IEC will prepare a presentation for staff, Board members and/or executive level personnel that summarizes the key components of the Downtown Specific Plan Utilities Impact Report and relevant conclusions. We propose to complete this project on a time and material basis not to exceed $73,370 (excluding the optional presentation), assuming that PBS&J can provide the data listed in Task 3. If this information cannot be provided, the Report will cost an additional $10,800. Upon receipt of a notice to proceed, IEC can begin this project immediately. Please feel free to contact Jeff Kirshberg anytime on his mobile phone at (818) 915-4252 if you have any questions. 717 pier View Way, Oceanside, California 92054 T 760.529.0795 F 760.529.0785 www.iacorporation.cam Mr. Stephen M. Kirkpatrick February 21, 2006 Page 2 of 2 Very truly yours, Scott Humphrey Senior Project Manager cc: Tom Frank, IEC Jeff Kirshberg, IEC Vicki Fortie, Turpin & Rattan Engineering Salvador Gomez, Turpin & Rattan Engineering 1. Perform Project Management Infrastructure Engineering Corporation (IEC) will include the use of management control tools and emphasize client communication. Prior to the implementation of the project, IEC will develop an initial project management and control plan. This plan will include: project instructions, which establish the project goals, schedule, task assignments and communication protocol; project work plan, which merges the scope of services with project milestones and individual task assignments for schedule and budget; and a project cost control program which establishes the benchmark and reporting methodology for the ongoing assessment of project completion and budget. Client communication will be maintained by the Project Manager. The Project Manager will coordinate all project activities within the project team and will be responsible for the development of progress submittals, will attend project coordination meetings with the City of National City (City), and will be responsible for the development of interim deliverables and status reports. 2. Conduct Project Kick Off Meeting and Establish Project Goals The Consultants will meet with the City staff to establish the goals, needs, and desires of the Master Plan, confirm project objectives, discuss approach and criteria, establish departmental contacts and lines of communication, and discuss data availability. In addition, we will meet with the City to decide on a mutually agreeable digital deliverable format for ease of use throughout this project. - Wastewater Facilities Impact Report 3. Data Collection & Review A review will be conducted of both the National City Downtown Specific Plan (Downtown Specific Plan), The Program Environment Impact Reportfor the Downtown Specific Plan, 2002 Sanitary SewerMasterPlan and Strom WaterEvaluationfor the City ofNational City (2002 SewerMarterPlan), and any existing inter -agency agreements between the City and the City of San Diego pertaining to capacity rights in the South Metro Interceptor. Any additional reports identified by the City relating to the planning and engineering of either the Downtown Specific Plan or the City's wastewater system will also be examined. On behalf of IEC, the City will request the following data and documents from PBS&J which were utilized and/or developed a part of their 2002 master planning effort: • XP-SWMM model (version 7.5) of the City's wastewater system • SANDAG residential and commercial population projections (preferably in GIS shapefile format) • The City's sewer lines in GIS shapefile format • The City's sewer manholes in GIS shapefile format • The City's parcels in shapefile format A data/document inventory will be maintained that lists the data/documents received from the City, the date received, and if the data needs to be returned to the City. This inventory will be updated as new information is received and supplied to the City at status meetings. 4. Develop Base Map for the Downtown Specific Plan Utilizing the documents collected in Task 3, including the most recent residential unit and commercial land use projections, IEC will prepare a base map of the Downtown Specific Plan. This base map will clearly identify the boundaries of the Downtown Specific Plan, as well as each development zone within the Downtown Specific Plan. Maximum number of residential units and commercial land uses (if applicable) will be clearly displayed for each development zone. A spreadsheet will be created to accompany the Base Map. This spreadsheet will include details for each development zone including. gross acreage for each zone; the maximum number of residential units; gross acreage for all residential units; commercial land uses (if applicable); and gross acreage for commercial land uses. 5a. Augment Wastewater Facility Data within the Downtown Specific Plan As illustrated in Figure 5-5 of the 2002 Sewer Master Plan, only the capacity of major sewer trunk collection lines were previously analyzed. Appendix A of the 2002 SewerMasterPlan clearly illustrates that there are a large number of sewer lines and manholes with the Downtown Specific Plan that were not included in the XP-SWMM hydraulic model. IEC will augment the GIS shapfile data obtained in Task 3 with all sewer lines and manholes within the Downtown Specific Plan Area, excluding laterals. IEC will obtain the following information for these facilities from the City's maps and records: location, diameter, length, rim and invert elevations. 5b. Additional Effort to Augment Wastewater Facility Data within the Downtown Specific Plan if PBS&J Information Not Supplied in Task 3 In addition to the work described in Task 5a, IEC will utilize Appendix D of the 2002 Sewer Master Plan to re- construct the hydraulic information in GIS shapefile format for the XP-SWMM model and sewer facility shapefiles (pipes and manholes) that were not obtained from PBS&J in Task 3. Only facilities affected by the wastewater flow projected for the Downtown Specific Plan area will be re -constructed. The GIS parcel shapefile will be obtained from the Sweetwater Authority. 6a. Calculate Wastewater Projections for the Downtown Specific Plan and Reconcile with SANDAG Projections Utilizing the methodology presented in the 2002 Sewer Master Plan, IEC will develop existing, 2010 and 2020 wastewater flow projections for the Downtown Specific Plan. As this methodology is based upon the residential and commercial populations within the Downtown Specific Plan area in the existing, 2010 and 2020 time increments, IEC will utilize the documents collected in Task 3, the Base Map generated in Task 4 and City input to develop these projections. IEC will also quantify the wastewater flow projections previously assigned to the Downtown Specific Plan area in the 2002 Sewer Master Plan for the existing (baseline), 2010 and 2020 time increments, based on the SANDAG population projections provided in Task 3. These SANDAG projections will be compared to those based upon the Downtown Specific Plan population projections, in order to clearly identify the increase in both population and wastewater flow projections attributed to the Downtown Specific Plan in each time increment. 6b. Additional Work Effort to Calculate Wastewater Projections for the Downtown Specific Plan if PBS&J Information Not Supplied in Task 3 In addition to the work described in Task 6a, IEC will utilize Appendix D of the 2002 Sewer Master Plan to re- construct the wastewater flows projected in the existing, 2010 and 2020 time increments, for parcels outside of the Downtown Specific Plan Area. These projections, which would have been supplied in the XP-SWMM model, will be allocated to the relevant manholes which are affected by the projected wastewater flow for the Downtown Specific Plan. IEC's work developed in Tasks 3 through 6 will be summarized in a Technical Memorandum and submitted to the City in both .doc and .pdf formats for review and comment. This Technical Memorandum will include: • A map of the study area, clearly identifying both the Downtown Specific Plan and all wastewater facilities within the Downtown Specific Plan (excluding laterals). • Wastewater flow and SANDAG population projections utilized in the 2002 Master Plan, developed by PBS&J, for the Downtown Specific Plan area in the existing (baseline), 2010 and 2020 time increments. • Wastewater flow projections for the Downtown Specific Plan, developed by IEC, for the existing, 2010 and 2020 time increments. • An inventory of all existing sewer lines and manholes (excluding laterals) within the Downtown Specific Plan area, which will include: location, diameter, length, rim and invert elevations. 7. Identify Geographic Scope and Hydraulic Model Development IEC will define the geographic scope of the wastewater impact report by identifying all City owned wastewater facilities affected by the projected Downtown Specific Plan wastewater flows. These will include all wastewater facilities within the Downtown Specific Plan area, as well as all gravity mains and manholes downstream of the Downtown Specific Plan area that convey this wastewater flow to the South Metro Interceptor. Preliminary investigation indicates that these facilities are portions of both the NC3 and NC5 drainage basins. IEC will import all affected wastewater facilities identified as part of the geographic scope into the hydraulic modeling software, H20Map Sewer. Data imported into the hydraulic model will include: • Location • Diameter • Length • Invert Elevations • Ground Elevations IEC will develop two (2) sets of steady-state scenarios. Each set of scenarios will model Peak Wet Weather Flows for the Existing, 2010 and 2020 time increments. The first set of scenarios will be based upon the 2002 Master Plan flow projections (base case). The 2005, 2010 and 2020 hydraulic model output presented in Appendix D of the 2002 Master Plan will be utilized to develop the Existing (baseline), 2010 and 2020 flow projections for the base case. The second set of scenarios will include the additional wastewater flow projections for the Downtown Specific Plan, as developed in Task 6. Similar to the first set, IEC will develop steady-state scenarios for Peak Wet Weather Flows in the Existing, 2010 and 2020 time increments. These will help IEC clearly identify the impacts associated with the Downtown Specific Plan in each time increment. 8. Existing, 2010 and 2020 Capacity Analysis The hydraulic model scenarios developed in Task 7 will be used to determine any Existing, 2010 and 2020 wastewater system deficiencies, based on the design criteria presented in the 2002 Mater Plan. For each time increment, peak wet weather flows will be compared both with and without the Downtown Specific Plan. For all affected sewer lines in each time increment, the following information will be analyzed: • Peak Wet Weather Flow • Available Capacity • Remaining Capacity • Depth -to -Diameter Ratio IEC will first utilize the hydraulic model results to identify any Existing (baseline), 2010 and 2020 deficiencies for affected wastewater facilities within the geographic scope based on the wastewater flows projected in the 2002 Master Plan. As these flows are based on SANDAG population projections, they do not include the additional wastewater flow projections attributed to the proposed Downtown Specific Plan. IEC will then utilize the hydraulic model results to identify any existing, 2010 and 2020 deficiencies for affected wastewater facilities within the geographic scope based on augmenting the 2002 Master Plan flows with the additional flows attributed to the proposed Downtown Specific Plan. These deficient facilities will be compared to those previously identified in each time increment without the additional Downtown Specific Plan flows, to clearly identify the deficiencies attributed to the Downtown Specific Plan. For wastewater facilities identified as deficient, recommended replacement diameters and corresponding depth -to - diameter ratios will be determined, based on projected 2020 wastewater flows. 9. Evaluate Available Capacity in South Metro Interceptor Based on the inter -agency agreements collected in Task 3, IEC will determine the City's available capacity in the South Metro Interceptor for the Existing, 2010 and 2020 time increments Utilizing the results from the hydraulic model in Task 8, IEC will determine the total projected flow in each time increment for Drainage Basins NC3 and NC5 both with and without (base case) the additional flows from Downtown Specific Plan. As Drainage Basins NC7M and NC2 are unaffected by the Downtown Specific Plan, the wastewater flow projections presented in Appendix D of the 2002 Sewer Master Plan for the 2005, 2010 and 2020 time increments will be utilized accordingly. Flow projections for each of the City's four (4) drainage basins (NC2, NC3, NC5 and NC7M) will be summarized both with and without (base case) the Downtown Specific Plan for the Existing, 2010 and 2020 time increments. Based on the inter -agency agreements collected in Task 3, IEC will determine if there is available capacity in each time increment (both with and without the Downtown Specific Plan) in the South Metro Interceptor. If there is insufficient capacity in the South Metro Interceptor, IEC will identify the additional capacity required in each time increment, and attribute portions of the capacity requirements to either the City or the Downtown Specific Plan. 10. Development of Capital Improvement Program and Cost Sharing Using the results from Task 9, IEC will develop a phased Capital Improvement Program (CIP) for the affected wastewater facilities within the geographic scope including the Existing, 2010 and 2020 time increments. Projects recommended will be based on conveying the additional projected flows from the Downtown Specific Plan in each time increment. Engineers construction cost estimates will be developed for each capital project that includes cost for design, construction, and administration. For all recommended projects, the costs attributed to the Downtown Specific Plan and to the City will be clearly identified and delineated. These attributed costs, and their associated sources of funding, will be identified by comparing the necessary projects in each time increment both with and without (base case) the projected Downtown Specific Plan flows. Estimates of probable capital costs provided will represent Order of Magnitude level costs as established by the American Association of Cost Engineers (AACE) and represent an accuracy of +50% to -30%. The results of the hydraulic model development, capacity assessment, phased CIP, South Metro Interceptor capacity analysis and cost/funding allocation will be summarized in the form of a technical memorandum and submitted to the City in both .doc and .pdf formats for review and comment. Included in this technical memorandum will be GIS mapping documents clearly identifying affected wastewater facilities in the geographic scope, as well as the deficient wastewater facilities in each time increment, both with and without (base case) the proposed Downtown Specific Plan. Water Facilities Impact Report 11. Data Collection & Review On behalf of IEC, the City will request the following data and documents from Sweetwater Authority: • SweetwaterAuthoriiy Water Distribution System Master Plan 2002 (2002 Master Plan) • The 2005 Urban Water Management Plan • The recently completed Sweetwater Authority Recycled Water Master Plan • GIS shapefiles of water facilities contained within the Downtown Specific Plan area • GIS shapefile of all parcels within National City • Annual meter usage for all meters located within the Downtown Specific Plan area A review will also be conducted of the National City Downtown Specific Plan (Downtown Specific Plan) and The Program Environment Impact Report for the Downtown Specific Plan. Any additional reports identified by the City relating to the planning and engineering of either the Downtown Specific Plan or the water system will also be examined. A data/document inventory will be maintained that lists the data/documents received from the City, the date received, and if the data needs to be returned to the City. This inventory will be updated as new information is received and supplied to the City at status meetings. 12. Recycled Water Market Survey for the Downtown Specific Plan Based on the methodology presented in the recently completed Sweetwater Authority Recycled Water Master Plan and the Base Map prepared in Task 4, IEC will identify any potential recycled water demand within the Downtown Specific Plan for the Existing, 2010 and 2020 time increments. Based on the results of this preliminary recycled water market survey, IEC will begin discussions with both the City and Sweetwater Authority to determine the practicality of extending recycled water service to the Downtown Specific Area. If such a plan is deemed feasible, the City may choose to add a Recycled WaterFacilities Impact Report to this report. Such a report might include the necessary facilities and costs to provide recycled water to the Downtown Specific Plan, an expanded recycled water survey to determine potential demands near the Downtown Specific Plan area, and the associated reduction in potable water demand, potable water facilities and costs required in each time increment based on the additional recycled water supply. Results of this study might also be used to amend to 2005 Urban Water Management Plan. As it is unclear at this time if such a report will be necessary, the scope and budget for the Recycled Water Facilities Impact Report (aside from the preliminary recycled water market survey for the Downtown Specific Plan) have been excluded from this scope of work. 13. Calculate Water Demands for the Downtown Specific Plan Utilizing the methodology outlined in the 2002 Master Plan obtained in Task 11 and the Base Map prepared in Task 4, IEC will develop Existing, 2010 and 2020 water demands for the Downtown Specific Plan. Unless the results of the recycled water market survey prepared in Task 12 indicate otherwise, all water demands will be assumed to be supplied by potable water. IEC will utilize the documents collected in Task 11 and City input to develop these demands. IEC's work developed in Tasks 11 through 13 will be summarized in a Technical Memorandum and submitted to the City in both .doc and .pdf formats for review and comment. This Technical Memorandum will include: • A map of the study area, clearly identifying both the Downtown Specific Plan and all water facilities affected by the Downtown Specific Plan. • Preliminary recycled water market survey for the Downtown Specific Plan • Water demands for the Downtown Specific Plan for the Existing, 2010 and 2020 time increments. • Existing (baseline), 2010 and 2020 water demand without the additional demands from the Downtown Specific Plan, based on annual meter usage data provided in Task 10 and projection methodology in the 2002 Master Plan. • An inventory of all existing water service lines and junctions (excluding laterals) within the Downtown Specific Plan area, which will include: location, diameter, length, and elevation. This will be based upon the GIS shapefiles provided by Sweetwater Authority in Task 10. 14. Submit Water Demands to Sweetwater Authority and Evaluate Results IEC will submit the water demands calculated in Task 13 to Sweetwater Authority, and coordinate the utilization of those demands in Sweetwater Authority's hydraulic model. Consistent with the methodology of 2002 Master Plan, only impacts to the existing water facilities will be identified. IEC will review Sweetwater Authority's results and conclusions, and help the City address any questions or concerns that might arise. 15. Development of Capital Improvement Program and Cost Sharing Using the results from Task 14, IEC will develop a phased Capital Improvement Program (CIP) for the affected water facilities identified by Sweetwater Authority for the Existing, 2010 and 2020 time increments. Projects recommended will be based on the recommendations of Sweetwater Authority. Based on the recommendations of Sweetwater Authority and those previously presented in the 2002 Master Plan, the projects attributed to the Downtown Specific Plan and to the City will be clearly identified and delineated. These attributed costs, and their associated sources of funding, will be identified by comparing the necessary projects in each time increment both with and without (base case) the projected Downtown Specific Plan flows. Estimates of probable capital costs provided will represent Order of Magnitude level costs as established by the American Association of Cost Engineers (AACE) and represent an accuracy of +50% to -30%. The results of the Sweetwater Authority's analysis and the CIP, with all costs attributed to the Downtown Specific Plan, will be summarized in the form of a technical memorandum and submitted to the City in both .doc and .pdf formats for review and comment. Included in this technical memorandum will be GIS mapping documents showing deficient water facilities. Electrical System Utilities Impact Report 16. See Attached Proposal from Turpin & Rattan Engineering, Inc. Gas System Utilities Impact Report 17. See Attached Proposal from Turpin & Rattan Engineering, Inc. City of National City Downtown Specific Plan Utilities Impact Report 18. Report Preparation IEC shall prepare the City of National City Downtown Specific Plan Utilities Impact Report containing a comprehensive summary of the wastewater, water, electric system and gas system utilities impact reports. The Report will contain an Executive summary that summarizes the key components of the Downtown Specific Plan Utilities Impact Report. The Report will be designed to read well to non -technical staff, engineers, City Board members and the general public. Five draft copies of the Report will be submitted to the City in both .doc and .pdf formats for review and comment. Upon incorporation of all comments, ten final copies and one unbound copy for reproduction purposes will be submitted to the City. In addition, an electronic copy of the Master Plan document in both .doc and .pdf formats format will be submitted to the City. The electronic copy will include all figures contained in the original Report. All GIS shapefiles utilized in the completion of the final report will also be submitted to the City in a format compatible with the current supported version of ESRI's ArcGIS (currently 9.1). 19. Presentation (Optional) IEC shall prepare a PowerPoint presentation for staff, Board members and/or executive level personnel that summarizes the key components of the National City Downtown Specific Plan Utilities Impact Report and relevant condusions. JANUARY 2006 INFRASTRUCTURE ENGINEERING CORPORATION HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Professional Engineering Intern/Technician $ 60.00 CADD Designer I/Engineer I $ 85.00 Graphic Designer $ 100.00 CADD Designer II / Engineer II $ 95.00 CADD Designer III / Engineer III $ 100.00 Senior Designer/Project Engineer.........$ 115.00 Senior Project Engineer $ 130.00 Senior Project Engineer Planning & IS$ 135.00 Project Manager $ 147.00 Senior Project Manager $ 160.00 Principal $ 160.00 Principal Planning & IS $ 165.00 Administrative Administrative Clerk $ 45.00 Word Processor/Admin. Support $ 60.00 *Constructions Senior Construction Observer $ 103.00 Resident Engineer $ 125.00 Construction Manager $ 136.00 Sr. Construction Manager $ 147.00 CM Coordinator, $ 80.00 Subconsultants will be billed at cost plus 5% unless specified otherwise in the agreement. Reimbursable Costs Reproduction, special photography, postage, delivery services, express mail, printing, travel, parking, and any other specialty services performed by subcontractor will be billed at cost plus 5%. Mileage will be billed at $0.445 per mile * Field personnel rates are inclusive of vehicle, mileage, phone, computer, etc. Rates are valid through January 1, 2007 Fee Proposal City of National Cty Downtown Specific Plan Utilities Impact Report INFRASTRUCTURE ENGINEERING CORPORAIION Sublask Subtask Description Number Summary Classification Senior Project Manager/Principal (Planning 6IS) Pnndpal Senor Project C-n9irreerl (Planning S) Wad Processor Subtask Labor -Hours SubtLabor Labor Cost Direct Cott Total Cost PBS&J Information) 1 Perform Pro ManagementRate Project $165.00 S160.00 $135.00 $60.00 24 4 26 $4.600 $100 $4,700 2 Conduct Project Kick -Off Meeting and Establish Project Goals 3 Data Collection and Review - 3 2$1,680 3 10 : 6 12 $900 $50 $050 4 Develop Base Map for the Downtown $0 $1,680 e Specific Plan 2 6 tD $7,410 5a Augment the Wastewater Facility $0 $1,410 Data with the Downtown SpecificPlm 2 24 26 $3,570 56 Additions Work to Augment the onalObtained $O 53,570 Wastewater Facility with ilityData the Downtown Specific Plan ifPBS6J Data is not 40• so- 6a Calculate Wastewater 55,400• $o Projections for the Downtown Specific Plan, Recondle with SANDAG Projections and Prepare TM 2 2 12 16 $2,270 6b Additional Work to Calculate 60 $2,270 Wastewater Projections for the Downtown Specific Plan N PBS&J Data Is not Obtained 40• 412. / 7 Identify Geograpk Scope $5,400• SO and Hydraulic Model Developrnam 2 8 Existing, 2010 and 2020 Capacity Analysis 20 22 E3,030 $O $$,030 2 12 14 $1,950 9 Evaluate Capacity In the South Metro Interceptor $p $1,950 / 16 17 10 Development of CIP Cost Sharing $2,325 $D $2,325 and and Prepare TM 8 8 24 40 $5,840 ±0 $5,640 WASTEWATER TOTAL HOURS 21 WASTEWATER TOTAL 11 Data Collection and Review..�",..... COSTS $3,465 n $1,600 .kF .,- $17,010 s •:8 . SO 157 9 s22.07�� $z�o77 12 Recycled Water Market Survey for the Downtown 1 $1246 50 $1,245 Specific Plan 2 16 - 18 22,490 13 Calculate Water Demands for thDowntown $0 $2,490 e Spedo fiPlan and Prepare TM 2 8 10 $1,410 14 SubmitWater Demands to 50 $1,410 Sweetwater Authority and Evaluate Results 2 12 14 $1,950 15 Development of CIP Cost Sharing SO $1,950 and and Prepare TM4 8 16 28 $4,1 W $p µ,100 WATER tOTAL-HOURS 11 8 60 0 79 16 WATFR'(OTAL-COSTS Electrical System Utilities Impact Report (Turpin & Ratan $1,815 $1,280 $8,100 SD $11, 195 S0 $11,19b+ Engineering, Ino.) $18,000 17 Gas System Wlities Impact Report $350 $16,$50 (Turpin & Ratan Engineering, Inc.) $10,000 $350 $10,350 18 se Proposed National City Downtown Specific Plan Impact Report 4 4 24 16 48 $5,500 $250 $5,750 GRANO7`OTAL-HOURS -68 26 - 218 f6 318 GRAN) TOTAL -COSTS 19 (Optional) t10,395 $4,160 $28,765 $960 $T2,27G $f,100: $82.500 'Presentation ` 6 e 16 $2,400 $100 GRAND TOTAL with PRESENTATION- HOURS 71 26 221 16 - 334 - - GRAND TOTAL' with PRESENTATION -COSTS ' - Adult.. Hours and Cost 8 PBS&J Dala $11,715 $4,160 $29,835 $960 ._ $74,670 $1,200 $75,870 is not obtained Is not included in subtotals, but is instead displayed in separate Total Cost rob... 2, ,mnh_ .. Total Cost (N16thout PBS&J Inkormaton) $4,700 $950 $1,680 $1,410 $3,570 $5,400 $2,270 $5,400 $3,030 $1,950 $2,325 $5,840 $32,575 $1,245 $2,490 $1,410 51,950 84,100 $11,195� $18 350 $10,350 $5,750 $84a178 , $2,500 $86,670 2/21/2006 CITY OF NATIONAL CITY DOWNTOWN SPECIFIC PLAN UTILITIES IMPACT REPORT PROJECT SCHEDULE IEC Tue 2/21106 ID Task Name Task 1 - Perform Project Management Task 2- Conduct Project Kick -Off Meeting and Establish Project Goals Duration 74 days 1 day 60 days 4 days 6 Task 4 - Develop Base Map for Me Downtown Specific Plan 1 day' Task 5a- Augment the Wastewater Facility Data with the Downtown Spec Plan 7 days 8 Task 56 - Additional Work to Augment the Wastewater Facility Data with the Downtown 6 days Specific Plan it PBSAJ Data is not Obtained 9 Task 6a- Calculate Wastewater Projections for the Downtown Specific Plan and Reconcile 1 day', with SANDAG Projections 10 Task 6b- Additional Work to Calculate Wastewater Projections for the Downtown Specific 6days; Plan A PBS&J Data is not Obtained _.. it.... Prepare Draft TM 2 days 12 C/y Review of TM 5 days 13 Finalize TM 2 days; 14 Task 7-Identify Geographic Scope and Hydraulic Model Development 4 days 15 Task 8 - Existing. 2010 and 2020 Capacity Analysis 3 days 16 Task 9 -Evaluate Available Capacity in South Metro interceptor 3 days 17 Task 10-Developmentol CIP and Cos/ Sharing 7days 19 Prepare Draft TM 2 days 19 - City Review of TM 5days 20 Finabze TM 2 days 22 • WATER FACILITIES IMPACT REPORT 60 days! 23 Task 11 - Data Collection and Review - 4 days 24 Task 12 - Recycled Water Market Survey for the Downtown Specific Plan 3 days', 25. Task 13- Calculate Water Demands for the Downtown Specific Plan 2 days 26 Prepare Draft TM 1 day 27 Guy Review of TM 5 days ' __ 2E _ Finale TM 1 day 29 Task 14- Submit Water Demands to Sweetwater Authority and Evaluate Results 29 days! 30 • Task 15- Development of CIP and Cost Sharing 6 days Prepare Draft TM 2 days City Review o1 TM 5 days Finalize TM 2 days'.. WASTEWATER FACILITIES IMPACT REPORT Task 3- Data Collection and Review 32 33 34 95 Task 16 - Electrical System Utilities Impact Repon (Turpin 6 Rattan Engineering) 36 - Task 17 - Gas System Utilities Impact Report (Tiepin 6 Rattan Engineering) 37 Task 16 - PrepareDowntown Specific Plan Utifnies Impact Report 3E Prepare Draft Report 39 City Review of Draft Report 40 - Finalize Draft Report 41 ', Task 19-Presentation (Optional) • 6D days 60 days • 13 days' 5 days' 5 days 3 days 5 days ; Maaoh, 2/26 /5 3/12 3/19 326 4/2 4/9 6 4A0 5f/ 5y11. Mme 6/11 6I16 nn L'' February 21, 2006 Infrastructure Engineering Corporation 717 Pier View Way Oceanside, California 92054 Attention: Mr. Scott Humphrey P.E. Senior Project Manager Subject: National City Capacity Analysis Electrical Engineering Fee Proposal TREI #06058.00 Dear Mr. Humphrey: Turpin & Rattan Engineering, Inc. is pleased to present our fee proposal to provide professional electrical engineering and design services for the above -mentioned project. In accordance with the requirements set forth in the e-mail received February 7, 2006 we have developed the following project description and scope of work per phase to determine the level of effort necessary to complete this project. Project Description: The project will consist of a capacity study of a twelve (12)-block redevelopment area that is putting in a mixture of approximately 4,000 residential units, commercial & industrial, mixed - use construction in National City, California. The electrical study scope of work will include inventory and, capacity of the existing electrical system utilities, development/forecast of new demand loads, recommend the necessary upgrades for the ultimate demands, and development of estimate of probable cost. Scope of Services — Study Phase: The scope of services for the Study Phase will consist of the following tasks, designs, studies, and reports as itemized below. a. Perform records search of applicable SDG&E facility documentation related to the site. b. Perform records search of applicable SBC facility documentation related to the site. c. Perform records search of applicable Cable TV facility documentation related to the site. d. Field investigation to determine existing as built conditions as it relates to the project area. e. Contact San Diego Gas & Electric, SBC, and Cable Company to obtain the electrical demand for the project area, and obtain the maximum line capacity. f. Meetings with the client to establish the users criteria and the future growth plan of the site. g. Investigation of municipal codes that may impact the project. h. Investigation with the local municipality, of any pending work orders (conversion districts) that may impact the project. i. Survey of the existing recorded loads from electrical utility company will be completed and used to aid in the forecast of additional loads. The results will be compared with the existing electrical distribution system and its capacity. j. A written report summarizing the findings, assessment and any recommendations to the existing infrastructure to accommodate the future demands based on accepted industry practice. k. An estimate of probable electrical construction costs will be established. The proposed professional electrical engineering fee for the Study Phase is a hourly not to exceed amount of $18,000 (Eighteen Thousand Dollars) for the scope of services identified above. Compensation shall be hourly per the attached rate schedule for all work performed in conjunction with this phase of work. Services Not Included: The following professional electrical engineering services are not included in this proposal: a. Investigation of existing conditions of any "live" or energized electrical equipment that will require the removal of panel or enclosure covers. This equipment includes, but is not limited to interior wiring or bussing of panel boards, switchboards, transformers and manholes. If the building owner does not have the necessary "record drawings" of the existing conditions necessary to determine the existing conditions, the client shall hire a third party, an electrical contractor, to perform this function. b. Investigation of existing conditions those are hidden or concealed. Any existing condition that will require destructive testing to determine the existing conditions is not included. Therefore, Turpin & Rattan Engineering, Inc. cannot assume any responsibility for these "concealed" conditions. Infrastructure Engineering Corporation National City Capacity Analysis Electrical Engineering Proposal Page 2 of 5 /y c. Production of AutoCAD "backgrounds" of site plans, floor plans, roof plans etc. Turpin & Rattan Engineering will be fumished with the required AutoCAD generated site and floor plans. Turpin & Rattan Engineering will be responsible for only designing and drafting the electrical systems as outlined herein in this scope of work. In the event that AutoCAD drawings of the existing floor plans is not available, Turpin & Rattan Engineering can offer services of generating AutoCAD drawings off of existing scaled "hard copy" architectural drawings. Provisions of the Additional Services will apply. d. Applicant design for the new utility work is not included in this proposal. e. And any other services not specifically outlined in the Scope of Services sections above. Reimbursable Expenses: Expenses incurred during the term of this project shall be considered reimbursable and marked -up with a 15% charge for handling. The expenses, which shall be classified as reimbursable, include the following: a. All printing costs associated with the client -requested check sets of plans and specifications. Printing costs associated with normal progress prints between members of the design team shall not be classified as a reimbursable item. b. All plotting costs for CADD generated drawings associated with the client requested check set of plans as noted in item a. above. c. Travel and lodging costs for travel outside the metropolitan San Diego area. The client will consider travel and lodging costs as a reimbursable upon authorization. d. The cost of overnight or express postage and mailing for submittals, check sets of plans and specifications, or other material, which will require special handling. e. The cost of all agency -filing fees, plan check fees, or permit fees imposed by any municipality in conjunction with this project. Additional Services: Should additional services not included in this proposal be requested, compensation shall be hourly based on the attached rate schedule for all work performed in conjunction with the additional service or a negotiated lump sum fee. Work shall only proceed after authorization has been received from the client. Infrastructure Engineering Corporation National City Capacity Analysis Electrical Engineering Proposal Page 3of5 Schedule of Submittals: The schedule is not known at this time, however Turpin & Rattan Engineering, Inc. is prepared to meet any reasonable schedule. Computer & Electronic Media Standards: All proposed fees stated in this proposal are based on using Turpin & Rattan Engineering, Inc. in-house Computer & Electronic Media standards. Client requests for other specific standards, which vary significantly from these standards, may require additional services. The following lists Turpin & Rattan Engineering's Computer & Electronic Media standards and formats: 1. AutoCAD 2004 for CADD drawings 2. Microsoft Word for Specifications and Correspondence 3. Microsoft Excel for Cost Estimating and.other Spreadsheets Ownership of Electronic Media: Both parties hereby acknowledge mutually non-exclusive ownership of the electronic files and each party may use, alter, modify, or delete the files without consequence to the other party. Summary of Proposed Engineering Fees: The summary of the proposed electrical engineering fees as indicated in this proposal is as follows: Initial Electrical Study Services: Study Phase Proposed Electrical Study Services Fee Estimated Reimbursable Expenses $18,000.00 (NTE) $ 350.00 $18,000.00 We appreciate the opportunity to submit our electrical engineering fee proposal for this project. Should you or the client have any questions on the development of this proposal or the elements contained herein, we are available to meet and discuss the proposal at your convenience. Attachments: • Standard Rate Schedule G:\06\06058\06058.00\Proposals - Scope Mod\P06058.00 Proposal Revised 02-21-06.doc Infrastructure Engineering Corporation National City Capacity Analysis Electrical Engineering Proposal Page 4 of 5 ELECTRICAL ENGINEERING FEE SCHEDULE 2006 A. Electrical Engineering and Design Principal $135.00 per hour Professional Engineer 115.00 per hour Engineer 105.00 per hour Senior Designer 97.50 per hour Designer 90.00 per hour B. Computer Aided Drafting - Senior CADD Technician - CADD Technician 67.50 per hour 62.50 per hour C. Report/Specification/Letter Typing - Administrative Assistant 67.50 per hour D. Travel and other Miscellaneous Expenses Mileage Current IRS Rate Airfare, Meals, Lodging Actual Cost + 15% Other Travel Expenses* Actual Cost + 15% Reproductions/Photographs/Postage/Etc. Actual Cost + 15% * Travel Other than the Metropolitan San Diego Area - Travel and Lodging Expenses - Plus Expenses Incurred at Client Request Federal Tax I.D. No.: 95-3900518 04 REG Infrastructure Engineering Corporation National City Capacity Analysis Electrical Engineering Proposal Page 5 of 5 ;% February 21, 2006 Infrastructure Engineering Corporation 717 Pier View Way Oceanside, California 92054 Attention: Mr. Scott Humphrey P.E. Senior Project Manager Subject: National City Capacity Analysis Mechanical Engineering Fee Proposal TREI #06058.20 Dear Mr. Humphrey: Turpin & Rattan Engineering, Inc. is pleased to present our fee proposal to provide professional mechanical engineering and design services for the above -mentioned project. In accordance with the requirements set forth in the preliminary e-mail received February 7, 2006 we have developed the following project description and scope of work per phase to determine the level of effort necessary to complete this project. Project Description: The project will consist of a twelve (12)-block redevelopment area that is putting in a mixture of approximately 4,000 residential units, commercial & Industrial, and mixed -use construction in National City, California. The study scope of work will include inventory, capacity of the existing gas system utilities, development / forecast of new demand loads, recommend the necessary upgrades for the ultimate demands, and development of estimate of probable cost. Scope of Services — Study Phase: The scope of services for the Study Phase will consist of the following tasks, designs, studies, and reports as itemized below. a. Perform records search of applicable SDG&E facility documentation related to the site. g• b. Field investigation to determine existing as built conditions as it relates to the project area. c. Contact San Diego Gas & Electric to obtain the natural gas demand for the project area, and obtain the maximum line capacity. d. Meetings with the client to establish the user's criteria and the future growth plan of the site. e. Investigation of municipal codes that may impact the project. f. Investigation with the local municipality of any pending work orders (conversion districts) that may impact the project. Survey of the existing recorded loads from gas utility company will be completed and used to aid in the forecast of additional loads. The results will be compared with the existing gas distribution system and its capacity. h. A written report summarizing the findings, assessment and any recommendations to the existing infrastructure to accommodate the future demands based on accepted industry practice. i. An estimate of probable mechanical construction costs will be established. The proposed professional mechanical engineering fee for the Study Phase is a hourly not to exceed estimated amount of $10,000 (Ten Thousand Dollars) for the scope of services identified above. Compensation shall be hourly per the attached rate schedule for all work performed in conjunction with this phase of work. Services Not Included: The following professional electrical engineering services are not included in this proposal: a. If the building owner does not have the necessary "record drawings" of the existing conditions necessary to determine the existing conditions, the client shall hire a third party, a mechanical contractor, to perform this function. b. Investigation of existing conditions those are hidden or concealed. Any existing condition that will require destructive testing to determine the existing conditions is not included. Therefore, Turpin & Rattan Engineering, Inc. cannot assume any responsibility for these "concealed" conditions. c. Production of AutoCAD "backgrounds" of site plans, floor plans, roof plans etc. Turpin & Rattan Engineering will be furnished with the required AutoCAD generated site and floor plans. Turpin & Rattan Engineering will be responsible for only designing and drafting the electrical systems as outlined herein in this scope of work. In the event that AutoCAD drawings of the existing floor plans is not available, Turpin & Rattan Engineering can offer services of generating AutoCAD drawings off of existing scaled "hard copy" architectural drawings. Provisions of the Additional Services will apply. Infrastructure Engineering Corporation National City Capacity Analysis Mechanical Engineering Proposal Page 2 of 5 /�? d. Applicant design for the new utility work is not included in this proposal. e. And any other services not specifically outlined in the Scope of Services sections above. Reimbursable Expenses: Expenses incurred during the term of this project shall be considered reimbursable and marked -up with a 15% charge for handling. The expenses, which shall be classified as reimbursable, include the following: a. All printing costs associated with the client -requested check sets of plans and specifications. Printing costs associated with normal progress prints between members of the design team shall not be classified as a reimbursable item. b. All plotting costs for CADD generated drawings associated with the client requested check set of plans as noted in item a. above. c. Travel and lodging costs for travel outside the metropolitan San Diego area. The client will consider travel and lodging costs as a reimbursable upon authorization. d. The cost of overnight or express postage and mailing for submittals, check sets of plans and specifications, or other material, which will require special handling. e. The cost of all agency -filing fees, plan check fees, or permit fees imposed by any municipality in conjunction with this project. Additional Services: Should additional services not included in this proposal be requested, compensation shall be hourly based on the attached rate schedule for all work performed in conjunction with the additional service or a negotiated lump sum fee. Work shall only proceed after authorization has been received from the client. Schedule of Submittals: The schedule is not known at this time, however Turpin & Rattan Engineering, Inc. is prepared to meet any reasonable schedule. Infrastructure Engineering Corporation National City Capacity Analysis Mechanical Engineering Proposal Page 3of5 0 Computer & Electronic Media Standards: All proposed fees stated in this proposal are based on using Turpin & Rattan Engineering, Inc. in-house Computer & Electronic Media standards. Client requests for other specific standards, which vary significantly from these standards, may require additional services. The following lists Turpin & Rattan Engineering's Computer & Electronic Media standards and formats: 1. AutoCAD 2004 for CADD drawings 2. Microsoft Word for Specifications and Correspondence 3. Microsoft Excel for Cost Estimating and other Spreadsheets Ownership of Electronic Media: Both parties hereby acknowledge mutually non-exclusive ownership of the electronic files and each party may use, alter, modify, or delete the files without consequence to the other party. Summary of Proposed Engineering Fees: The summary of the proposed electrical engineering fees as indicated in this proposal is as follows: Initial Mechanical Study Services: Study Phase Proposed Mechanical Study Services Fee Estimated Reimbursable Expenses $10,000.00 $ 350.00 $10,000.00 We appreciate the opportunity to submit our electrical engineering fee proposal for this project. Should you or the client have any questions on the development of this proposal or the elements contained herein, we are available to meet and discuss the proposal at your convenience. Attachments: • Standard Rate Schedule G:106\06058\06058.20\proposals - Scope Mod1P06058.20 Proposal Revsed 02-21-06.doc Infrastructure Engineering Corporation National City Capacity Analysis Mechanical Engineering Proposal Page 4of5 ELECTRICAL ENGINEERING FEE SCHEDULE 2006 A. Electrical Engineering and Design - Principal $135.00 per hour - Professional Engineer 115.00 per hour - Engineer 105.00 per hour - Senior Designer 97.50 per hour - Designer 90.00 per hour B. Computer Aided Drafting - Senior CADD Technician - CADD Technician 67.50 per hour 62.50 per hour C. Report/Specification/Letter Typing - Administrative Assistant 67.50 per hour D. Travel and other Miscellaneous Expenses - Mileage Current IRS Rate - Airfare, Meals, Lodging Actual Cost + 15% - Other Travel Expenses* Actual Cost + 15% - Reproductions/Photographs/Postage/Etc. Actual Cost + 15% * Travel Other than the Metropolitan San Diego Area - Travel and Lodging Expenses - Plus Expenses Incurred at Client Request Federal Tax I.D. No.: 95-3900518 04 REG Infrastructure Engineering Corporation National City Capacity Analysis Mechanical Engineering Proposal Page 5 of 5 RESOLUTION NO. 2005 — 63 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH INFRASTRUCTURE ENGINEERING CORPORATION TO PROVIDE AS -NEEDED CONSULTING SERVICES FOR NATIONAL CITY CAPITAL IMPROVEMENT PROJECTS WHEREAS, the City desires to employ a consultant to provide as -needed consulting services for National City Capital Improvement Projects; and WHEREAS, the City has determined that Infrastructure Engineering Corporation 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 by the City Council of the City of National City that the Mayor is hereby authorized to execute an agreement with Infrastructure Engineering Corporation to provide as -needed consulting services for National City Capital Improvement Projects. Said Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 5th day of April, 2005. ATTEST: 4' Mic ael Della, ity Clerk APPROVED AS TO FORM: George H. iser, III City Attorney Passed and adopted by the Council of the City of National City, California, on April 5, 2005, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2005-63 of the City of National City, California, passed and adopted by the Council of said City on April 5, 2005. Clerk of the City of National City, California By: Deputy ORIGINA AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND INFRASTRUCTURE ENGINEERING CORPORATION THIS AGREEMENT is entered into this 5►h day of April, 2005, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Infrastructure Engineering Corporation ( the "CONTRACTOR") . RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide the City with the Engineering Services for the Capital Improvement Projects. WHEREAS, the CITY has determined that the CONTRACTOR is a professional Engineering firm, and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the 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 the - general services as set forth in the attached Exhibit "A". The City will request a variety of project development sercices using the standard request 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 specified services requested for review and approval prior to any services being performed. The project dependent costs provided shall be based on the unit costs listed in Exhibit "8". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at as needed meetings to keep staff and City Council advised of the progress on the projects. Revised October 2003 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. 3. PROJECT COORDINATION AND SUPERVISION. Din Daneshfar hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRA- CTOR. Tom Frank 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 described in Exhibit "C" shall not exceed the schedule given in Exhibit "B" (the Base amount) .without prior written authorization from the City. 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 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 length of this agreement is (3) three years. Prjects will vary in their scheduling needs and the CONTRACTOR will be notified of the project schedule at the time of the reqwuest for services. 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 hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be 2 o2V Revised October 2003 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. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, 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, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the 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. 3 Revised October 2003 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of. the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified 'the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or 4 Revised October 2003 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 CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 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 respectingthe 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 CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent 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, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or ij 5 Revised October 2003 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, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include 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 CONSULTANT'S • employees. 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 Toss 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 Agree- ment. H. Any aggregate insurance limits must apply solely to this Agree- ment. 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 6 Revised October 2003 dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 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's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 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; 7 Revised October 2003 (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: To the CONTRACTOR: Stephen M. Kirkpatrick City Egineer City of National City 1243 National City Boulevard National City, CA 91950-4301 Preston "Skip" Lewis President Infrastructure Engineering Corporation 14271 Danielson Street Poway, CA 92064 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 8 Revised October 2003 Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. The CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 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 ofthe 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. Exhibit A — General Scope of Services Exhibit B — Fee Schedule Exhibit C - Engineering Service Request Form for specified scope of work Exhibit D — Firm's Biography 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. 9 Revised October 2003 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 agree- ments, 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 ofany effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this. Agreement, (v) each party has agreed to enter into this Agreement following such review and: therendering of such advice, =.r. and (vi).any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: APPROVED AS TO FORM: George H. Eiser, III City Attorney INFRASTRUCTURE ENGINEERING CORPORATION (Two signatures required for a corporation) By: (Name (Title) By: (Name) UP_ (Title) 10 i Revised October 2003 EXHIBIT "A" SCOPE OF SERVICES The successful firm will provide Civil Engineering Services for the City's various Capital Improvement Projects. These services shall include: 1. Civil engineering consulting services during the design and construction phases of the City's Capital Improvement Projects. The proposer's services may include, but not limited to, the following: • Records of Survey • Topographic Survey • Monument Replacement • Legal Descriptions • Corner Records • Map Checking • Court Exhibit Survey • Street Improvement Design • Sewer and Storm Drain Improvements • Hydrology and Hydraulics Studies • Pavement Resurfacing Design • Roadway Replacement/Repair • Construction Support and Inspection • Traffic Signal Design • Minor Municipal Structural Design 2. Each project may vary in scope and magnitude. The City is not obligated to contract all civil engineering services with the successful firm. 3. Request of services will be made on a project -by -project basis. The successful firm will be capable of providing a proposed fee and schedule within seventy-two (72) hours after receipt of the City's request for services. The proposal will be prepared on the basis of the standard schedule of fees in this agreement. 4. All services provided 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, etc., governing a particular project, and in accordance with Subdivision Map Act, Land Surveyors Act, and all other codes and practices applicable to the profession of surveying. 5. All reports and pertinent data obtained under the agreement between the City and the Consultant will be the property of the City and may not be used or reproduced in any form without the explicit written permission of the City. Survey cut sheets will be available in the field at the time of service. In any case, survey cut sheets will be available no later than the next working day. 6. The Consultant will certify a properly executed affidavit that we will not perform any work for the City that could lead to a conflict of interest. The Consultant will notify the City of any possible conflicts of interest prior to performing any work requested by the City. A conflict of interest may include, but will not limited to, having financial interest in any projects where services are requested, or consulting or performing work for the developers, investors, engineers, contractors, or material suppliers of projects where services are requested. The City has the option to rescind and void the contract in the event that the Consultant fails to properly notify the City of a possible conflict of interest. 7. The engineering services will be provided efficiently and in timely fashion. All engineering services will be performed on the basis of a standard schedule of fees. 8. Payment will be made based upon itemized billing submitted in accordance with this agreement and after submittal of acceptable formal reports, designs, studies, or cut sheets. Billings will be submitted with, and make reference to, each individual project, itemized as to unit cost and total billed. Project name, specification number, start date, and the name of the person that requested the service will be identified on each bill. Bills that are not complete as required by this section will be returned unpaid. 9. 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. Exhibit "B" Schedule of Fees r IEC Name Preston "Skip" Lewis, P.E. Tom Frank, P.E. Dolores Ventura, P.E. David Nguyen Karen Dimmick Bob Moore Stuart Mangusing Rafael Juarez Classification Senior Project Manager Project Manager Lead Design Engineer CADD Operator CADD / GIS Lead Construction Manager/RE Inspector Inspector AGUIRRE Et ASSOCIATES LAND SURVEYING SERVICES - OFFICE Surveying and Right -Of -Way Mapping RCE nioliVAADMONSFCRTAMNBV3PEERN3 CValdo Corporation Simon Wong Englnworing Note: 1. On an annual basis, we will respectfully request the City to consider an adjustment to our rates to account for infla- tion. The adjustment will reflect the consumer price index for our region. 2. Our inspector rates reflect prevailing wage rates. Principal Land Surveyor Land Surveyor Assistant Land Surveyor CAD Technician FIELD SERVICES I -Person Survey Crew 1-Person Survey Crew (Prevailing Wage) 1- Person Survey Crew (GPS) I- Person Survey Crew (GPS) (Prevailing Wage) GPS Crew Assistant GPS Crew Assistant (Prevailing Wage) Survey Crew Party Chief (Prevailing Wage) Survey Crew Chainman (Prevailing Wage) Crew Travel Time Rick Crafts, PE Traffic Engineer Rate /hr $145.00 $140.00 $92.00 $82.00 $82.00 $120.00 $90.00 $90.00 $140.00 $105.00 $95.00 $85.00 $120.00 $147.00 $120.00 $147.00 $53.00 $79.00 $115.00 $85.00 $105.00 $100.00 Mike'Cairns, PE Hydrology and Hydraulics Engineer $115.00 Simon Wong, S.E. Senior Structural Engineer Senior Engineer $165.00 $145.00 $105.00 al City vil Engineering IEC �7 DATE: City of National City Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 EXHIBIT "C" ENGINEERING DEPARTMENT ENGINEERING SERVICE REQUEST FORM Phone No.: Fax No.: PROJECT TITLE: REQUEST NO. PLEASE PROVIDE THE FOLLOWING SERVICE (SPECIFY LIMIT AND DETAIL OF SERVICE): REQUESTED BY APPROVED BY: City Engineer or Project Manager DATE: DATE: Faxed On: Recycled Paper Exhibit "D" Company Profile Introduction Infrastructure Engineering Corporation (IEC) is an engineering and construction management consulting firm primarily serving public agency clients. IEC serves its local and regional clients with a commitment to exceptional service and quality. Our founding philosophy is to build a firm based on exceptional client service and employee satisfaction. IEC has a full staff of engineering and construction professionals including project managers, construction managers, engineers, designers, and construction inspectors. We believe that our staff is our greatest resource and we continue to grow to meet the needs of our clients. As a mid -size firm, we strive to develop close working relationships and have the ability to respond quickly to our clients needs. Our size allows us to mobilize and respond quickly to assist with an emergency situation or with a fast -track project, while maintaining sufficient staff and resources to manage large muld-discipline projects. Services We Provide IEC provides a full range of civil engineering and construction management services from project conception and preliminary planning through project completion. Our staff has substantial experience in the management of public infrastructure projects. We understand that projects today are driven by a balance of economical, social, and political factors. We believe in working in partnership with our clients to meet these challenges to deliver successful projects. IEC offers a full range of engineering planning services that includes water/wastewater and reclaimed water master planning, hydraulic modeling, feasibility studies, drainage studies and Geographic Information System (GIS) services. Our in-house capabilities include project management, civil and mechanical engineering and design, as -needed municipal services, water and wastewater master planning and hydraulic modeling, GIS design and implementation, and construction management and inspection services. For multi -discipline assignments we use our established relationships with recognized specialty firms that support us with electrical, structural, architectural, surveying, geotechnical, environmental, corrosion engineering and other services. Our experienced construction management staff is capable of managing a wide variety of complex infrastructure projects. Company Profile and Statement of Qualifications EEC MEETING DATE 03/07/06 City of National City, California COUNCIL AGENDA STATEMENT 9 AGENDA ITEM NO. ITEM TITLE Resolution of the City Council of the City of National City Authorizing the Purchase of a Mobile Patches & Pumper Robot along with Public Education Materials from Robotronics in the Amount of $14,878 as a 100% Grant Purchase from the FY05 Assistance to Firefighters — Fire Prevention and Safety Program PREPARED BY EXPLANATION DEPARTMENT Walter Amedee, Fire Mgmt. Analyst II 619/336-4556 The Federal Department of Homeland Security has announced the City of National City would be awarded $14,878 or 100% in new funding for the purchase of a mobile Patches & Pumper Robot along with Public Education materials from Robotronics valued at $14,878. The City is not required to allocate any up front costs or matching funds to receive the funding. With a Patches & Pumper Robot and public education materials, the Fire Department will make a big impact on residents of all ages and help them understand the importance of fire prevention, and what precautions and safety measures they need to practice. The FY05 Assistance to Firefighters — Fire Prevention and Safety Program was a competitive grant that required agencies to complete an on-line application and narrative justifying the use of funds. Environmental Review X N/A Financial Statement No impact; FY05 Assistance to Firefighters — Fire Prevention and Safety Program is a grant that does not require any up front monies or matching funds to receive grant funding.. Account No. STAFF RECOMMENDATION Staff recommends the purchase of a Patches & Pumper Robot and public education materials from Robotronics from the FY05 Assistance to Firefighters — Fire Prevention and Safe. _program utilizing $14,878 in grant funding. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution. Resolution No. A-200 (9i60) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE PURCHASE OF A MOBILE PATCHES & PUMPER ROBOT ALONG WITH PUBLIC EDUCATION MATERIALS FROM ROBOTRONICS IN THE AMOUNT OF $14,878 AS A 100% GRANT PURCHASE FROM THE FY05 ASSISTANCE TO FIREFIGHTERS — FIRE PREVENTION AND SAFETY PROGRAM WHEREAS, the City of National City's Fire Department seeks to enhance its existing Public Education Program by purchasing a mobile Patches & Pumper Robot and public education materials from Robotronics; and WHEREAS, the City's Fire Department applied and received approval for grant funds from the Federal Department of Homeland Security; and WHEREAS, the Federal Department of Homeland Security awarded $14,878 or 100% in grant funding to the City of National City to be used to purchase a mobile Patches & Pumper Robot and public education materials from Robotronics; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the purchase of a Patches & Pumper Robot along with public education materials from Robotronics in the amount of $14,878 as a 100% grant purchase from the FY 05 Assistance to Firefighters — Fire Prevention and Safety Program. PASSED and ADOPTED this 7th day of March, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE MARCH 7, 2006 AGENDA ITEM NO. 10 ITEM TITLE WARRANT REGISTER #31 PREPARED BY DEPARTMENT Finance EXPLANATION City Manager Lin Wurbs 619-336-4240 Ratification of Warrant Register #31 per Government Section Code 37208. ( Environmental Review N/A (-Financial Statement Not applicable. Approved By: Finan'rector Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 922,985.00 BOARD / COMMISSION RECO IIMENDATI< ATTACHWEI4. R(rYIII 43Selow ) 2. Workers Comp Warrant Registers dated 2/01/06 3. Resolution No. A-200 (9.99) Payee COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO ACEDO ALLEN AMERICAN ROTARY BROOM CO., I BONITA PET HOSPITAL BOOT WORLD BUTLERS MILL, INC. CALIFORNIA COMMERCIAL SECUR CHEVRON USA, INC. HRISTMAS IN JULY CINGULAR WIRELESS CINGULAR WIRELESS CITY OF CHULA VISTA CONRAD AND ASSOCIATES, LLP CONSTRUCTION ELECTRONICS IN CORPORATE EXPRESS COUNTY OF SAN DIEGO, RCS COUNTY OF SAN DIEGO, RCS CRAWFORD D-MAX ENGINEERING INC DAPPER TIRE COMPANY DREW FORD DSL EXTREME City of National City WARRANT REGISTER # 31 2/7/2006 Description chk no chk date amount PMT OF CIVIL PENALTIES 206566 2/3/06 PMT OF DEH COSTS DOCKET#SD-ENF-05-1332206567 2/3/06 REIMB SUPLS FOR DISABLED ADULTS DANC1206568 2/7/06 206569 2/7/06 206570 2/7/06 2/7/06 206572 2/7/06 206573 2/7/06 206574 2/7/06 2/7/06 FEBRUARY RENTAL FEES FOR 2032 B AVE 206576 2/7/06 206577 2/7/06 206578 2/7/06 206579 2/7/06 4TH PROGRESS BILLING CNC ENDED 06/30/05 206580 2/7/06 FEB 2006 MAINT OF KEY CARD SYSTEM 206581 2/7/06 MOP 45704 OFFICE SUPPLIES 206582 2/7/06 ONE TIME BUY IN COST/RCS INFRASTRUCTU 206583 2/7/06 PRINCIPAL & INTEREST FOR 2005/2006 DEBT 206584 2/7/06 125 PLAN REIMBURSEMENT 206585 2/7/06 T&A#850 TREMONT COURT CONDOMINIUMS 206586 2/7/06 206587 2/7/06 206588 2/7/06 WAYNE SUITER (COMMU COMPUTER PROJ) 206589 2/7/06 125 PLAN REIMBURSEMENT MOP 62683 -SWEEPER REPAIR EMERGENCY ANIMAL CARE FOR STRAY ANI1206571 MOP 64096 - BOOTS - STEWART MOP 45694 - BURLAP COVER MOP 45754 - KEY MOP 45699 - FUEL 206575 WIRELESS ACCT#0045535344 WIRELESS ACCT#043-741264 NOV 2005 ANIMAL SHELTER COSTS TIRES MOP 49078 - COIL ENVIRONMENTAL HAZARDS SERV LEAD WIPE SAMPLES ANALYZED PROJECT 206590 �SGIL CORPORATION PLAN CHECK SERVICES DEC 2005 2/7/06 206591 2/7/06 5,000.00 3,110.00 86.00 177.00 593.00 1,772.00 125.00 75.43 21.87 149.85 1,500.00 2,525.44 26.37 16,474.92 3,000.00 843.55 910.05 500,000.00 68,592.00 33.65 1,698.50 2,445.32 827.04 26.16 18.00 3,562.77 Payee EXPRESS ILL FEDEX FLAG CRAFTERS FOX 6 FRAZEE PAINT & WALLCOVERINGS GREGORY J. SMITH HARRIS & ASSOCIATES HONEYWELL INC. IKON OFFICE SOLUTIONS INFRASTRUCTURE ENGINEERING IRON MOUNTAIN RECORDS MGMT JANNEY & JANNEY ATTY SRVC, IN JANNEY & JANNEY ATTY SRVC, IN KILLACKY, KEVIN KIRKPATRICK LASER SAVER INC LEXIS-NEXIS LOPEZ LOS ANGELES COUNTY AUDITOR MCGREGOR MULTI -BANK SERVICES LTD N C CHAMBER OF COMMERCE NAPA AUTO PARTS NATIONAL CITY AUTO TRIM NATIONAL SCHOOL DISTRICT NEXTEL COMMUNICATIONS NEXUS IS, INC. City of National City WARRANT REGISTER # 31 2/7/2006 Description LONG DISTANCE ACCT#24303871 HEALTHY HOMES POSTAGE 3'X5' CALIFORNIA FLAG PRODUCTION "YOUR NEW HOME" chk no 206592 206593 206594 206595 MOP 45713 - MASKING TAPE 206596 MPR EXTRACT NON -OWNER OCCUPIED RESI1206597 T&A#543 SIGNAL T PARADISE VALLEY 206598 PNEUMATIC TUBING FOR A/C REPAIR AT 206599 MAINTENANCE FOR RICOH VT6000 DUPLICA'206600 T&A1018 - 835 E. 18TH ST PROF SRVCS STORAGE FEES FOR FEBRUARY 28, 2006 DELIVERY TO DELMAR WILLIAMS ESQ 655 COURT FILING; PEOPLE V. DONNER 125 PLAN REIMBURSEMENT REIMB CAL-CUPA CONF/AIRFARE & REGSTR'206606 MOP 45725-HP 8100 COMPATIBLE TONER 206607 CA PARKERS LARMAC INDEX 2006 EDITION 206608 INTERPRETATION SRVCS ON 12/20/05 206609 GSR TESTS FOR NCPD CASE #0308148 125 PLAN REIMBURSEMENT 206611 TRADE SETTLING CHRG-WASHINGTON STAT206612 206601 206602 206603 206604 206605 CITY ENHANCEMENT FUND FEB 2006 MOP 45735 - WATER PUMP MOP 45736 - REPAIR BENCH SEAT USE OF FACILITIES WIRELESS ACCT#481082028 206617 MOVE, ADD AND CHANGE PHONE LINES ANL206618 206610 206613 206614 206615 206616 chk date amount 2/7/06 295.27 2/7/06 13.74 2/7/06 107.97 2/7/06 7,829.00 2/7/06 42.88 2/7/06 125.00 2/7/06 3,376.99 2/7/06 1,853.66 2/7/06 506.96 2/7/06 939.59 2/7/06 100.00 2/7/06 90.00 2/7/06 70.00 2/7/06 308.90 2/7/06 684.60 2/7/06 236.94 2/7/06 146.82 2/7/06 262.00 2/7/06 646.50 2/7/06 996.96 2/7/06 99.54 2/7/06 3,750.00 2/7/06 362.42 2/7/06 317.86 2/7/06 507.50 2/7/06 59.42 2/7/06 236.00 2 Payee OFFICE TEAM OFFICE TEAM OLD HOUSE JOURNAL P & D CONSULTANTS PARTS PLUS AUTOSTORE #713 PERRY FORD PERVO TRAFFIC CENTER POWERSTRIDE BATTERY CO INC PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM ROAD ONE TOWING ,OARK ROJAS S.D. COUNTY SHERIFFS DEPT. SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SANCHEZ SBC/MCI SBC/MCI SBC/MCI SORIANO SOUTHERN CALIF TRUCK STOP TRATACOM City of National City WARRANT REGISTER # 31 2/7/2006 Description TEMP SRVCS OLSON JOSEPH W/E 01/13/06 TEMP SRVCS JOE OLSON W/E 01/20/06 SUBSCRIPTION INVOICE, 6 ISSUES chk no 206619 206620 206621 HOUSING ELEMENT WORK SRVCS 11/26-12/30206622 206623 206624 206625 206626 206627 206628 206629 206630 206631 206632 206633 206634 206635 206636 206637 206638 206639 206640 206641 MOP 64946 - BELT MOP 45703 - ENGINE LIGHT MOP 63846 - SIGN MOP 67839 - BATTERY MOP 45742 LAUNDRY TOWELS SERVICE PERIOD 01-06-5 MOP 45687 - TOWING #406 EDUCATIONAL REIMBURSEMENT/ROARK 125 PLAN REIMBURSEMENT BOOKING FEES FOR OCT-DEC 2005 ELECTRIC BILL/FACILITIES#86482714057 ELECTRIC BILL/FACILITIES#94282909927 ELECTRIC BILL/FACILITIES#68199629265 ELECTRIC BILL/STREET#76860974845 ELECTRIC BILL/FACILITIES#10439934345 ELECTRIC BILL/STREET#07385071072 125 PLAN REIMBURSEMENT VOICE AND DATA ACCT#C60-449-7549-555 VOICE AND DATA ACCT#839424850 SBC COMMUNICATION ACCT 619 477 9738 643206642 125 PLAN REIMBURSEMENT MOP 45758 - DIESEL 206643 206644 MOP 63845-BUSINESS LICENSE APPLICATION 206645 2/7/06 2/7/06 2/7/06 2/7/06 2/7/06 2/7/06 2/7/06 2/7/06 2/7/06 2/7/06 2/7/06 2/7/06 2/7/06 2/7/06 2/7/06 2/7/06 2/7/06 2/7/06 2/7/06 2/7/06 2/7/06 2/7/06 2/7/06 2/7/06 2/7/06 chk date amount 2/7/06 2,493.92 2/7/06 767.36 21.97 790.05 115.22 167.36 269.11 800.44 360.23 61,354.88 150.00 1,259.25 259.99 47,278.00 7,814.99 7,012.98 3,675.94 1,543.41 975.66 137.13 750.00 11,101.25 121.25 401.21 115.40 383.10 1,053.53 City of National City WARRANT REGISTER # 31 2/7/2006 Payee SULLIVAN SWEETWATER AUTHORITY SWEETWATER AUTHORITY SWEETWATER AUTHORITY SWRCB ACCOUNTING OFFICE TARULLI TIRE SAN DIEGO INC TETRA TECH ASL, INC. THE LIGHTHOUSE, INC. THE STAR NEWS TORRES UNION TRIBUNE PUBLISHING CO UNITED PARCEL SERVICE UPN 13 US STERLING CAPITAL CORP VERIZON WIRELESS WESTFLEX INDUSTRIAL WILKINS BANK OF AMERICA DOUBLETREE DEL MAR TELLEZ CALIFORNIA TRANSIT ASSOCIATIO CINTAS CORPORATION #694 CITY OF NATIONAL CITY EW TRUCK &EQUIPMENT CO INC JIM'S GLASS & SCREENS Description EDUCATIONAL REIMBURSEMENT WATER BILLS/WASTEWATER#920-3000-0 WATER BILLS/STREET#920-1000-0 WATER BILLS/PARKS ACCT#920-60000 ANNUAL FEE FOR STORM WATER PERMIT 206650 chk no 206646 MOP 47940 - TIRE REPAIR T&A 0722- K AVENUE PROF SRVCS MOP 45726 - LAMPS LEGAL ADVERTISING OF CUP-2005-22 206654 MAYOR MANAGER LUNCHEON AT GRANGER206655 6 MOS NEWSPAPER SUBSCRPTN ACCT#63158 206656 206657 206658 206647 206648 206649 UPS SHIPMENT PRODUCTION "YOUR NEW HOME" 206651 206652 206653 TRADE SETTLING CHRG-SECURITY PACIFIC 1206659 VERIZON MOBILE SERVICES FOR CITY USER;206660 MOP 63850 - PRESSURE WASHER HOSES FRAMES FOR FIRE DEPT DOCUMENTS CREDIT CARD PAYMENT#2805 ADV LODGING/JOSE TELLEZ ADV MEALS/MILEAGE-MGMT CRSE PT II ANNUAL ASSOC MEMBERSHIP DUES 2006 MAINT LAUNDRY SERVICE LARRY ALLEN CASE-TDA CLAIM REIMBURSI206668 206669 206670 206671 206672 BUS PARTS -CORE DEPOSIT PROVIDE & INSTALL 2.) # 1 GLASS FOR BUS KAMAN INDUSTRIAL TECHNOLOGI 001 AER- HOSE... NEW FLYER PARTS BUS PARTS-MODULE/PILLAR 206661 206662 206663 206664 206665 206666 206667 chk date amount 2/7/06 267.62 2/7/06 73.65 2/7/06 65.73 2/7/06 31.47 2/7/06 243.00 2/7/06 157.50 2/7/06 990.00 2/7/06 113.76 2/7/06 107.63 2/7/06 148.69 2/7/06 95.88 2/7/06 51.93 2/7/06 2,171.00 2/7/06 198.81 2/7/06 51.58 2/7/06 324.95 2/7/06 51.31 2/7/06 824.60 2/7/06 371.56 2/7/06 201.44 2/7/06 1,757.00 2/7/06 128.34 2/7/06 34,500.00 2/7/06 3,783.12 2/7/06 434.71 2/7/06 171.93 2/7/06 475.32 4 City of National City WARRANT REGISTER # 31 2/7/2006 Payee PETRO-DIAMOND INC. PRUDENTIAL INSURANCE SAN DIEGO GAS & ELECTRIC SOUTH COAST MEDICAL CLINIC SPARKLETTS TARULLI TIRE INC.-SAN DIEGO THE LIGHTHOUSE WINCAL TECHNOLOGY CORP HEARTLAND COMM. FAC. AUTHOR LEADON Description DIESEL FUEL LIFE INSUR - FEB. '06 ELECTRIC 12/29/05 - 01/30/06 chk no 206673 206674 206675 PRE -EMPLOYMENT - JAIME MARTIN 206676 WATER (FINAL BILL -CLOSING THE ACCT) 206677 TIRES TAIL LIGHTS FOR BUS 1.0 P/S PARTS AND SERVICE 1 X DVR II 206678 206679 206680 DISPATCH SRVCS 3RD QRTR & HCFA ASSESS1206681 POST TEAM BLDG WORKSHOP-REGSTRTN & 206682 chk date amount 2/7/06 15,770.26 2/7/06 230.67 2/7/06. 1,966.91 2/7/06 72.00 2/7/06 93.49 2/7/06 5,256.40 2/7/06 413.76 2/7/06 482.00 2/7/06 48,561.00 2/7/06 7,331.50 Total $ 916,704.59 Workers compensation checks 11170 11171 11172 11173 11174 11175 11176 11177 11178 11179 11180 11181 11182 11183 11184 2/1/06 2/1/06 2/1/06 2/1/06 2/1/06 2/1/06 2/1/06 2/1/06 2/1/06 2/1/06 2/1/06 2/1/06 2/1/06 2/1/06 2/1/06 10.79 9.25 114.67 208.09 170.08 64.35 228.00 85.29 47.39 356.70 1,598.00 41.47 83.94 483.37 377.93 City of National City WARRANT REGISTER # 31 2/7/2006 Payee Description chk no chk date amount 11185 2/1/06 614.65 11186 2/1/06 31.37 11187 2/1/06 78.40 11188 2/1/06 79.55 11189 2/1/06 400.00 11190 2/1/06 280.00 11191 2/1/06 400.00 11192 2/1/06 370.00 11193 2/1/06 32.30 11194 2/1/06 114.82 Total $ 6,280.41 Grand Total 922,985.00 TRANSIT WARRANTS CHECK#206666-206680 15 CHECKS $ 65,535.91 City of National City WARRANT REGISTER #31 2/7/2006 001 GENERAL FUND 105 PARKS MAINTENANCE FUND 111 P.O.S.T. FUND 120 PLAN CHECKING REVOLVING FUND 125 SEWER SERVICE FUND 131 ASSET FORFEITURE FUND 159 GENERAL PLAN UPDATE RESERVE 204 TRAFFIC EQUIPMENT FOR ALL 254 LEAD -BASED PAINT HAZARD REDUC 294 HUD HEALTHY HOMES GRANT 301 GRANT-C.D.B.G. 302 CDC PAYMENTS 552 TDA 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENA 631 TELECOMMUNICATIONS REVOLVI 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 726 ENGINEERING/PUBLIC WORKS T & A TOTAL 284,083.67 44.15 4,780.40 3,562.77 331.69 500,000.00 790.05 200.00 1,539.97 13.74 45.10 106.90 65,535.91 21,494.89 6,280.41 3,370.03 1,079.55 14,607.95 3,141.83 4,970.91 7,005.08 922,985.00 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. FINANCE DI'+s OR CITY MANAGER FINANCE COMMITTEE NICK INZUNZA, MAYOR -CHAIRMAN RONALD J. MORRISON, MEMBER FRANK PARRA, MEMBER LUIS NATIVIDAD, MEMBER ROSALIE ZARATE, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 7th DAY OF MARCH 2006. AYES NAYS ABSENT ( Environmental Review N/A City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE MARCH 7, 2006 AGENDA ITEM NO. 11 ITEM TITLE WARRANT REGISTER #32 PREPARED BY DEPARTMENT Finance EXPLANATION City Manager Lin Wurbs 619-336-4240 Ratification of Warrant Register #32 per Government Section Code 37208. (Financial Statement Not applicable. Approved By: /17. Fina Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,159,424.45 BOARD / COMMISSION F COMMENDATION 2 ATTACHMRef#gg$elow ) 2. Workers Comp Warrant Registers dated 2/08/06 3. Payroll register dated 2/08/06 Resolution No. A-200 (9: 92( City of National City WARRANT REGISTER # • 32 2/14/2006 Payee Description chk no chk date am unt CITY OF NATIONAL CITY BOOKS(OUT STATE SALES TAX) 206683 2/14/2006 1.01 DATA MICROIMAGING COMPANY BOOKS 206684 2/14/2006 544.88 LIBRARY ASSOCIATES BOOKS 206685 2/14/2006 4,478.30 MIDWEST TAPE PHOTOGRAPHIC SUPPLIES 206686 2/14/2006 10,914.68 NATIONAL GEOGRAPHIC SOCIETY BOOKS 206687 2/14/2006 16.83 NOLO PRESS, INC. BOOKS 206688 2/14/2006 78.74 XEROX CORPORATION CONTRACT SERVICES 206689 2/14/2006 197.46 AGUILAR LIT. INIT. XIV (TRAVEL) 206690 2/14/2006 79.92 ALLEN AMERICORPS LSTA Y-3 (TRAVEL) 206691 2/14/2006 100.98 ANGELL PRIME TIME Y-2 (TRAVEL) 206692 2/14/2006 216.90 ARONSON AMERICORPS CNCS Y-3 (TRAVEL) 206693 2/14/2006 327.70 AYRES SUITES ONTARIO PRIME TIME Y-2 (TRAVEL) 206694 2/14/2006 6,082.72 BAUTISTA AMERICORPS CNCS Y-3 (TRAVEL) 206695 2/14/2006 42.45 BRADLEY AMERICORPS CNCS Y-3 (TRAVEL) 206696 2/14/2006 160.62 BRADSHAW AMERICORPS CNCS Y-3 (EXPERT SE 206697 2/14/2006 55.00 CAMPBELL AMERICORPS CNCS Y-3 (TRAVEL) 206698 2/14/2006 4.00 CANIER AMERICORPS CNCS Y-3 (TRAVEL) 206699 2/14/2006 79.90 CANO AMERICORPS CNCS Y3 (TRAVEL) 206700 2/14/2006 72.76 CARLA CAMPBELL LEHN AMERICORPS LSTA Y-3 (TRAVEL) 206701 2/14/2006 270.98 CASSIDY AMERICORPS CNCS Y-3 (TRAVEL) 206702 2/14/2006 33.90 CATHAY RETA PRIME TIME Y-2 (POSTAGE) 206703 2/14/2006 193.56 CINGULAR WIRELESS WINGS (TELEPHONE) 206704 2/14/2006 39.20 CISNEROS LIT. INIT. XIV (TRAVEL) 206705 2/14/2006 44.50 CITY OF LODI AMERICORPS LSTA Y-3 206706 2/14/2006 709.80 CITY OF SANTA CLARA AMERICORPS LSTA Y-3 (TRAVEL) 206707 2/14/2006 589.20 CLARK EVG LSTA Y-3 / AC LSTA Y-3 206708 2/14/2006 8,524.44 CLAY LIT. SVCS. Y-3 (EXPERT SERVICES) 206709 2/14/2006 125.00 COMBS LIT. INIT. XIV (TRAVEL) 206710 2/14/2006 49.84 CORPORATE EXPRESS AMERICORPS CNCS Y-2 (MATERIAL 206711 2/14/2006 127.91 COX AMERICORPS CNCS Y-3 (TRAVEL) 206712 2/14/2006 96.87 CRIDER AMERICORPS CNCS Y-3 (TRAVEL) 206713 2/14/2006 52.02 CRUZ AMERICORPS CNCS Y-3 (EXPERT SE 206714 2/14/2006 800.00 DARWIN SINRAM LIT. SVCS. Y-3 (EXPERT SERVICES) 206715 2/14/2006 85.00 DAWSON AMERICORPS CNCS Y-3 (TRAVEL) 206716 2/14/2006 125.30 EASTMAN AMERICORPS LSTA Y-3 (TRAVEL) 206717 2/14/2006 67.74 FULGHUM-NUTTERS AMERICORPS LSTA Y-3 (TRAVEL) 206718 2/14/2006 725.60 GARCIA LIT. INTT XIV (TRAVEL) 206719 2/14/2006 13.35 GOMEZ AMERICORPS CNCS Y-3 (TRAVEL) 206720 2/14/2006 73.51 GROSS LIT. INIT. XIV (TRAVEL) 206721 2/14/2006 425.42 HARRIS LIT. INIT. XIV (TRAVEL) 206722 2/14/2006 46.73 JONES AMERICORPS LSTA Y-3 (TRAVEL) 206723 2/14/2006 23.32 KUO LIT. INIT. XIV (TRAVEL) 206724 2/14/2006 60.52 LITERACYWORKS EASY VOTER GUIDE Y-2 (EXPERT Sl 206725 2/14/2006 1,075.00 MARISCAL AMERICORPS LSTA Y-3 (TRAVEL) 206726 2/14/2006 36.00 MORENO LIT. INIT. XIV (TRAVEL) 206727 2/14/2006 338.65 NEVADA COUNTY LIBRARY AMERICORPS LSTA Y-3 (TRAVEL) 206728 2/14/2006 468.70 NOLAN AMERICORPS LSTA Y-3 (TRAVEL) 706729 2/14/2006 1,763.00 O'HARA LIT. INIT. XIV (TRAVEL) 206730 2/14/2006 263.10 PEREA AMERICORPS CNCS Y-3 (TRAVEL) 206731 2/14/2006 20.00 PEREZ PRIME TIME LSTA Y-2 (TRAVEL) 206732 2/14/2006 42.98 PRINDLE AMERICORPS CNCS Y-3 (TRAVEL) 206733 2/14/2006 55.29 RAMIREZ LIT. INIT. XIV (TRAVEL) 206734 2/14/2006 18.69 AMERICORPS LSTA Y-3 (TRAVEL) 206735 2/14/2006 181.99 ROBINSON 2 SHERATON PASADENA HOTEL LIT. INIT XIV (TRAVEL) 206736 2/14/2006 267.91 SHUMATE AMERICORPS LSTA Y-3 (TRAVEL) 206737 2/14/2006 369.96 SPEED LIT. INIT. XIV (TRAVEL) 206738 2/14/2006 58.74 SPRINT WINGS (TELEPHONE) 206739 2/14/2006 305.54 TORRES PROME TIME LSTA Y-2 (TRAVEL) 206740 2/14/2006 201.67 TORRES PRIME TIME Y-2 (TRAVEL) 206741 2/14/2006 20.00 VARGAS LIT. INIT. XIV (TRAVEL) 206742 2/14/2006 17.80 WENNING AMERICORPS LSTA Y-3 (TRAVEL) 206743 2/14/2006 40.00 WESTLIN AMERICORPS CNCS Y-3 (TRAVEL) 206744 2/14/2006 82.96 YOUNG AMERICORPS LSTA Y-3 (TRAVEL) 206745 2/14/2006 70.72 ACCOUNTEMPS TEMP SRVCS MARY-JO REBELEZ W. 206746 2/14/2006 1,480.00 ACCOUNTEMPS TEMP SRVCS PATRICK MORRIS W/E 206747 2/14/2006 1,358.40 AFFORDABLE SERVICE APPLIANCES REPAIR ICE MAKER AT MLK CENTS 206748 2/14/2006 232.00 AIRGAS-WEST ABC F/E SY1014 206749 2/14/2006 693.52 ALL POINTS PUBLIC FUNDING, LLC NEW FIRE TRUCK LEASE PMT# 3 02/ 206750 2/14/2006 19,613.22 AMERICAN FORENSIC NURSES SUSPECT BLOOD WITHDRAWALS, L 206751 2/14/2006 1,490.00 AMERICAN PLANNING ASSOCIATION RENEWAL TO APA ZONING PRACTL 206752 2/14/2006 75.00 ASBURY ENVIRONMENTAL SERVICES 50/50 COOLANT 206753 2/14/2006 208.60 BOHDAN & DOUCETTE LLP PROF SRVCS FOR JANUARY 2006 206754 2/14/2006 7,475.00 BOOT WORLD MOP 64096 - SAFETY BOOTS - GROF 206755 2/14/2006 318.92 BUSH POWER BRAKE SERVICE MOP 45694 - BRAKES 206756 2/14/2006 143.46 CALIFORNIA COMMERCIAL SECURITY MOP 45754 - CYLINDER 206757 2/14/2006 954.13 CALIFORNIA FIRE MECHANICS FIRE MECHANICS REGISTRATION/H 206758 2/14/2006 445.00 CHILDREN'S HOSPITAL CHILD SEXUAL ABUSE EXAMS 206759 2/14/2006 746.00 CHOICEPOINT JAN 2005 -AUTO TRACK DATABASE 206760 2/14/2006 100.00 CLEAN HARBORS HAZARDOUS WASTE PICK UP FOR I, 206761 2/14/2006 260.00 CMRTA MEMBERSHIP RENEWAL FOR CMR1 206762 2/14/2006 50.00 COLLINS STRATEGIC GROUP, INC. CPRC CONSULTANTS SERVICES 206763 2/14/2006 2,062.50 COURTYARD BY MARRIOTT ADV LODGING/ROARK-WEST POINT 206764 2/14/2006 1,488.00 COURTYARD BY MARRIOTT ADV LODGING/TELLEZ-WEST POINT 206765 2/14/2006 1,488.00 DAPPER TIRE COMPANY 11RES 206766 2/14/2006 679.12 DEAN'S WEST COAST RADIATOR REPAIR RADIATOR ON VEHICLE #4: 206767 2/14/2006 100.00 DEPARTMENT OF TRANSPORTATION HIGHWAY LIGHTING FOR DEC 2005 206768 2/14/2006 2,775.94 DIXIELINE LUMBER CO. MOP 45707 - SHOP SUPPLIES CITY R 206769 2/14/2006 723.89 DREW FORD MOP 49078 - NUT/PIN 206770 2/14/2006 174.67 FEDEX NEIGHBORHOOD COUNCIL POSTCA 206771 2/14/2006 187.05 FLEET SERVICES, INC MOP 67804 - ROTOR/SEAL 206772 2/14/2006 483.95 GORMSEN APPLIANCE CO SERVICE CALL AT EL TOYON CENT 206773 2/14/2006 134.58 GUMABON BUSINESS LICENSE REFUND/DENIE: 206774 2/14/2006 50.00 HERNANDEZ REIMB/MEALS/ADMISSION TICKET', 206775 2/14/2006 73.11 HONEYWELL INC. REPLACE CONDENSER UNITS AT TI 206776 2/14/2006 10,036.12 HYDRO-SCAPE PRODUCTS INC. MOP 45720 - IRRIGATION 206777 2/14/2006 242.77 J & S INVESTMENTS SEWER SRVC FEE RFND PARCEL 55' 206778 2/14/2006 234.00 JANNEY & JANNEY ATTY SRVC, INC PROCESS SERVER CITY V. DELIBER 206779 2/14/2006 85.00 KELLY BLUE BOOK SUBSCRIPTION TO KELLY BLUE BO 206780 2/14/2006 124.35 LAFRENIERE EDUCATIONAL REIMB-FIRE MANA( 206781 2/14/2006 140.00 LEXIS-NEXIS ON LINE CHARGES FOR JANUARY 2 206782 2/14/2006 379.47 LOPEZ INTERPRETATION SRVCS ON 02/07/( 206783 2/14/2006 125.00 MJC CONSTRUCTION PARADISE CREEK EDUC PARK CON 206784 2/14/2006 133,061.82 MONTGOMERY KONE, INC. MAINTENANCE FOR 02/O1/06-04/30/C 206785 2/14/2006 1,456.50 MYERS TIRE SUPPLY AMMCO 5280 SILENCER 206786 2/14/2006 161.79 NAPA AUTO PARTS MOP 45735 - AIR FILTER 206787 2/14/2006 7.35 NATIONAL SCHOOL DISTRICT USE OF FACILITIES/NEIGHBRHD CO 206788 2/14/2006 217.50 OFFICE OF JUSTICE PROGRAMS CLOSEOUT -AWARD #2000-LB-BX-17 206789 2/14/2006 17,052.63 ONE SOURCE DISTRIBUTORS MOP 67256 - LAMPS 206790 2/14/2006 13.23 PARTS PLUS AUTOSTORE #713 MOP 64946 - PART FOR VEHICLE #45 206791 2/14/2006 64.97 PBS&J DEC 2005 PROF SRVS SEWERBILL/T 206792 2/14/2006 960.00 PEDERSEN ARBORISTS LABOR TO SERVICE CHIPPER AND: 206793 2/14/2006 269.72 POWERSTRIDE BATTERY CO INC MOP 67839 - LOAD TESTER REPAIR 206794 2/14/2006 361.47 PRUDENTIAL OVERALL SUPPLY MOP 45707 - MOPS 206795 2/14/2006 255.39 EDUCATIONAL REIMB-FIRE MANA 206796 2/14/2006 140.00 REED 4 RHODES SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SASI SOUTHERN CALIF TRUCK STOP SOUTHWEST SIGNAL SERVICE, INC. SPARKLETTS SUN TRUST TARULLI TIRE SAN DIEGO INC THE LIGHTHOUSE, INC. UNDERGROUND SERV ALERT UNITED PARCEL SERVICE VALLEY INDUSTRIAL SPECIALTIES WEST GROUP PAYMENT CENTER WESTFLEX INDUSTRIAL YOUNG SCHMIDT DESIGN GROUP ARCO GASPRO PLUS AT SYSTEMS WEST INC AVAYA, INC BAYSHORE TRANSIT MGMT INC CINTAS CORPORATION #694 COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO DIXIELINE LUMBER CO FIRST ADVANTAGE CORPORATION GREAT AMERICAN INSURANCE CO KIMBALL MIDWEST LASER SAVER INC METROPOLITAN TRANSIT SYSTEMS NAPA AUTO PARTS SEWER SERVICE FEE REFUND/OVEI ELECTRIC BILL/STREET#2798537758 ELECTRIC BILL/STREET#8727142698 ANNUAL BASE FEE 02/01/06 MOP 45758 - DIESEL JAN 2006 TRAFFIC SIGNAL, STREET WATER FOR THE OFFICE NEW FIRE TRUCK RNTAL PMT#24 0: MOP 47940 - 1IRE MOP 45726 - BULBS/SWITCH UNDRGRND SRVC NEW TICKETS/JA UPS SHIPMENT- ONE TIME PICKUPS MOP 46453 - FAUCET ON-LINE CHRGS DEC 21,2005-JAN 2( MOP 03279 - HEATER HOSE REIIv1B/TENNIS EQUIPMENT FOR US DEV ARCHITECTURAL PLANS -PARE FUEL FOR STAFF VEHICLES MONEY TRUCK - FEB. '06 PHONE AGREEMENT PAYROLL CK DTD 02/10/06 MAINT LAUNDRY SERVICE PAYROLL PPE 02/04/06 - JOSE VAZQ PAYROLL PPE 02/04/06 - SHERRY LO SHOP SUPPLIES RANDOMS - JAN.06 WORKERS COMP SHOP TOOLS AS NEEDED FOR FY06 MAGENTA TONER TELE INFO LINE - FEB. '06 AUTO PARTS 206797 2/14/2006 2,632.75 206798 2/14/2006 46.56 206799 2/14/2006 24.58 206800 2/14/2006 300.00 206801 2/14/2006 70.00 206802 2/14/2006 11,307.63 206803 2/14/2006 111.36 206804 2/14/2006 5,009.63 206805 2/14/2006 133.94 206806 2/14/2006 122.89 206807 2/14/2006 265.60 206808 2/14/2006 26.70 206809 2/14/2006 342.67 206810 2/14/2006 483.75 206811 2/14/2006 29.63 206812 2/14/2006 320.06 206813 2/14/2006 5,240.00 206814 2/14/2006 423.51 206815 2/14/2006 384.95 206816 2/14/2006 46.88 206817 2/14/2006 48,520.99 206818 2/14/2006 305.64 206819 2/14/2006 50.00 206820 2/14/2006 23.04 206821 2/14/2006 103.09 206822 2/14/2006 445.00 206823 2/14/2006 16,155.92 206824 2/14/2006 204.66 206825 2/14/2006 171.27 206826 2/14/2006 2,267.89 206827 2/14/2006 292.92 PRE -PAID LEGAL SERVICES INC PRINCIPAL FINANCIAL GROUP REGIONAL COMMUNICATIONS SYSTEM SAN DIEGO BUS DRIVERS UNION SAN DIEGO FRICTION PROD. STATE OF CALIFORNIA W.W. GRAINGER, INC. WEBSTER Workers compensation checks PRE -PAID LEGAL 206828 2/14/2006 846.80 401K PPE 02/04/06 206829 2/14/2006 2,599.16 RCS RADIO - JAN. '06 206830 2/14/2006 593.26 UNION DUES - FEB. '06 206831 2/14/2006 1,085.60 BUS PARTS AS NEEDED FOR FY06 206832 2/14/2006 429.38 PAYROLL PPE 02/04/06 - DIANE BUC 206833 2/14/2006 73.36 AUTO PARTS 206834 2/14/2006 169.54 TRANSIT MAINT. TRAINING 206835 2/14/2006 250.60 Total 355,821.61 11195 2/8/2006 179.10 11196 2/8/2006 179.10 11197 2/8/2006 47.60 11198 2/8/2006 110.66 11199 2/8/2006 495.00 11200 2/8/2006 83.94 11201 2/8/2006 33.00 11202 2/8/2006 43.66 11203 2/8/2006 152.23 11204 2/8/2006 78.42 11205 2/8/2006 1,512.56 11206 2/8/2006 92.26 11207 2/8/2006 9.06 11208 2/8/2006 383.27 11209 2/8/2006 229.43 11211 2/8/2006 321.67 11212 2/8/2006 83.94 11213 2/8/2006 252.73 11214 . 2/8/2006 75.93 11215 2/8/2006 235.26 6 11216 2/8/2006 296.16 11217 2/8/2006 78.42 11218 2/8/2006 83.03 11219 2/8/2006 856.98 11220 2/8/2006 133.11 11221 2/8/2006 420.86 11222 2/8/2006 109.65 11223 2/8/2006 78.40 11224 2/8/2006 67.33 11225 2/8/2006 83.01 11226 2/8/2006 148.07 11227 2/8/2006 83.01 11228 2/8/2006 138.69 11229 2/8/2006 57.80 11230 2/8/2006 2,048.38 11231 2/8/2006 276.23 11232 2/8/2006 487.50 11233 2/8/2006 400.00 11234 2/8/2006 761.05 11235 2/8/2006 1,140.12 11236 2/8/2006 722.86 11237 2/8/2006 320.00 Total 13,389.48 Total 369,211.09 PAYROLL Pay period Start Date End Date Check Date 273 1/17/2006 1/30/2006 2/8/2006 Total 790213.36 GRAND TOTAL 1,159,424.45 VOID - CK#11210 LIBRARY WARRANTS CHECK#206683-206745 63 CHECKS $ 42,457.26 TRANSIT WARRANTS CHECK#206814-206835 22 CHECKS $ 75,443.46 7 City of National City Warrant Register # 32 2/7/2006 001 GENERAL FUND 609,236.72 104 LIBRARY FUND 41,834.84 105 PARKS MAINTENANCE FUND 18,431.27 108 LIBRARY CAPITAL OUTLAY 7,074.95 109 GAS TAXES FUND 3,895.38 111 P.O.S.T. FUND 2,976.00 125 SEWER SERVICE FUND 23,078.34 154 STATE PUBLIC LIBRARY FUND 762.28 171 LIBRARY SCHOOL DISTRICT CNTRCT 2,039.37 172 TRASH RATE STABILIZATION FUND 1,945.05 188 GRANT - HIDTA 2,035.05 191 STOP PROJECT 1,450.11 212 PERSONNEL COMPENSATION FUND 0.00 220 LOCAL LAW ENF. BLOCK GRANT FY2000-2001 17,052.63 230 ABANDONED VEHICLE ABATEMENT. GRANT 1,788.79 246 WINGS GRANT 28,058.34 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 9,346.66 273 CBAG-MAJOR MEXICAN TRAFFICKERS 4,016.93 276 LITERACY SERVICES YEAR 2 574.22 280 AMERICORPS/CNCS YEAR 2 GRANT 3,311.86 284 Literacy Initiatives XIV 1,624.65 285 EASY VOTER GUIDE II 8,318.61 286 LITERACY SERVICES III 210.00 287 AMERICORPS LSTA III 5,959.34 288 PRIME TIME II 6,757.83 291 AMERICORPS CNCS YEAR 3 2,809.52 294 HUD HEALTHY HOMES GRANT 1,835.61 301 GRANT-C. D. B.G. 30,486.94 302 CDC PAYMENTS 15,301.19 307 PROPOSITION A" FUND 5,847.71 348 STATE GRANT 138,301.82 552 TDA 75,443.46 626 FACILITIES MAINT FUND 31,071.37 627 LIABILITY INS. FUND 13,389.48 628 GENERAL SERVICES FUND 5,755.68 629 INFORMATION SYSTEMS MAINTENANC 4,217.80 631 TELECOMMUNICATIONS REVOLVING 2,657.03 632 GENERAL ACCOUNTING SERVICES 17,033.31 643 MOTOR VEHICLE SVC FUND 13,494.31 Total 1,159,424.45 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. FINANCE DIRE OR CITY MANAGER FINANCE COMMITTEE NICK INZUNZA, MAYOR -CHAIRMAN RONALD J. MORRISON, MEMBER FRANK PARRA, MEMBER LUIS NATIVIDAD, MEMBER ROSALIE ZARATE, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 7th DAY OF MARCH 2006. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE MARCH 0„ 2006 ( Environmental Review N/A AGENDA ITEM NO. 12 ITEM TITLE PREPARED BY EXPLANATION WARRANT REGISTER #33 Finance DEPARTMENT City Manager Lin Wurbs 619-336-4240 - Ratification of Warrant Register #33 per Government Section Code 37208. 1-Financial Statement Not applicable. Approved By: Finance .i[1 ctor Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 340,955.10 BOARD / COMMISSION RECOMMENDATION 1 ATTAC ji aramt Rtjititted33elow 2. Workers Comp Warrant Registers dated 2/15/06 3. Resolution No. A-200 (9..991 Payee ACCOUNTEMPS ACCOUNTEMPS ADT SECURITY SERVICES AEP WORKSHOPS ALCEM FENCE CO., INC, ALPHA PROJECT FOR THE HOMELE: AMERICAN ROTARY BROOM CO., I AQUARIUS COATINGS, INC. ARCO GASPRO PLUS BEST BEST & KRIEGER LLP IOARD OF EQUALIZATION BUTLER'S MILL, INC. CAPE CA MUNICIPAL TREASURERS ASSO CALIFORNIA COMMERCIAL SECUR CALIFORNIA LAW ENFORCEMENT CAPPO INC CHEVRON USA, INC. CINGULAR WIRELESS CITY OF NATIONAL CITY CORPORATE EXPRESS CSTI CYGNUS EXPOSITIONS DATA TICKET INC DAVID M GRAHAM MD DELTA DENTAL City of National City WARRANT REGISTER # 33 2/21/2006 Description chk no TEMP SRVCS MARY-JO REBELEZ W/E 02/03/06206836 TEMP SRVCS PATRICK MORRIS W/E 02/03/06 206837 95600238/SECURITY MONITORING AT LIBRAR206838 AEP SPRING 2006 CEQA WORKSHOP/ROGERP206839 CITY FENCE AND WALL REPAIRS AS NEEDEE206840 JAN 2006 ALPHA PROJECT FOR THE HOMELE; 206841 MOBIL M/B POLY & WIRE MATERIAL KIT .206842 2 GALLONS OF ARMAGLAZE WB 6000 CLEAR 206843 FUEL FOR CITY FLEET 206844 LIABILITY CLAIM COSTS-RENEE LOVE VS CI\206845 HAZARDOUS WASTE GENERATOR FEE JAN-D206846 MOP 45694 - GOPHER BAIT SO#489 206847 FIRE/LTD FEBRUARY 2006 206848 CMTA MEMBERSHIP #22797 GEORGE HOOD 206849 MOP 45754 - STORAGE CABINET KEY 206850 PD/LTD FEBRUARY 2006 206851 CAPPO ANNUAL MEMBERSHIP MAR'06 - FEB'(206852 MOP 45699 - FUEL POLICE DEPT WIRELESS ACCT#043-980300 PETTY CASH MOP 45704 OFFICE SUPPLIES CSTI REGISTRATION REIMB FOR HMIC 206853 206854 206855 206856 206857 FIREHOUSE CONE REGSTRTN COSTS- 6 EMP 206858 DEC 2005 PARKING CITATIONS PROCESSING 206859 BUSINESS LICENSE REFUND/DUPLICATE PAY206860 DENTAL INS FEB 2006 206861 chk date amount 2/21/06 1,480.00 2/21/06 1,358.40 2/21/06 479.10 2/21/06 120.00 2/21/06 1,080.00 2/21/06 3,964.26 2/21/06 1,906.65 2/21/06 363.04 2/21/06 21,704.41 2/21/06 31,839.00. 2/21/06 172.00 2/21/06 52.69 2/21/06 640.00 2/21/06 120.00 2/21/06 134.10 2/21/06 1,618.50 2/21/06 130.00 2/21/06 554.46 2/21/06 14.28 2/21/06 773.56 2/21/06 540.83 2/21/06 1,200.00 2/21/06 1,785.00 2/21/06 3,714.10 2/21/06 225.00 2/21/06 14,693.03 City of National City WARRANT REGISTER # 33 2/21/2006 Payee DELTACARE (PMI) DEPARTMENT OF JUSTICE DIXIELINE LUMBER CO. DSL EXTREME DURRA INK ESGIL CORPORATION FIFIELD FLAMINGO HOTEL FORTIS BENEFITS GRANDE, DAVID HONEYWELL INC. HUNTER'S NURSERY INC. HYDRO-SCAPE PRODUCTS INC. HYDROTEX HYDROTEX Description chk no DENTAL INS PMI FEB 2006 206862 FINGERPRINTING CHARGES FOR NEW CITY .206863 MOP 45707 SILICA SAND 206864 WAYNE SUITER-DSL SERVICE FEB-APR 2006 206865 TOW AWAY NO PARKING SIGNS PLAN CHECK SERVICES JAN 2005 ADVANCED SUBSISTENCE/FIFIELD ADVANCED LODGING/KNIGHT VTL FEBRUARY 2006 ADVANCED SUBSISTENCE/GRANDE LABOR TO REPLACE AIR SENSOR AT CIVIC MOP 45719 - TREES MOP 45720 - BATTERY CONTROLLER IE ULTRA #2 16 GALLON SALES TAX ON INV#512899, P068513 IKON OFFICE SOLUTIONS 2185191A/2188894A/2170573B/2197261A SUPP INTERNATIONAL CODE COUNCIL 1 TRAINING/CERTIFICATION EXAM JAS PACIFIC, INC. JIM MCCOY BUILDING INSPECTOR FEES JONES & MADHAVAN JAN 2006 SRVCS-MUNICIPAL POOL RENOVAT206880 206881 206866 206867 206868 206869 206870 206871 206872 2/21/06 206873 2/21/06 206874 2/21/06 206875 2/21/06 206876 2/21/06 KAISER FOUNDATION HEALTH PLA KAISER INS RETIREES FEB 2006 KILLACKY, KEVIN KIRKPATRICK KNIGHT KNIGHT KNIGHT LIEBERT CASSIDY WHITMORE LOUISIANA ENDOWMENT FOR 206877 206878 206879 EDUC REIMB/CONFINED SPACE OPERATIONS206882 CAL-CUPA CONF TRVL EXP REIMB/KIRKPAT1206883 ANIMAL CARE CONF LODGING REIMB ADVANCED MEALS/MILEAGE/KNIGHT REIMB FOR MILEAGE/MEALS 206884 206885 206886 RETAINER AGREEMENT DEC 2005 206887 EXPERT SRVCS(PRIME TIME YR2) RPLC#2057,206888 chk date amount 2/21/06 3,459.23 2/21/06 352.00 2/21/06 377.99 2/21/06 66.77 2/21/06 2,086.04 2/21/06 13,621.46 2/21/06 2,108.00 2/21/06 455.10 2/21/06 2,621.58 2/21/06 2,108.00 127.94 140.08 176.71 488.30 37.84 2/21/06 646.39 2/21/06 49.00 2/21/06 7,852.50 2/21/06 600.00 2/21/06 616.38 2/21/06 350.00 2/21/06 713.38 2/21/06 591.05 2/21/06 408.26 2/21/06 27.36 2/21/06 1,300.00 2/21/06 15,000.00 2 City of National City WARRANT REGISTER # 33 2/21/2006 Payee MAINTEX, INC. MAN K-9 INC. MORA MOTOROLA MX LOGIC, INC NAPA AUTO PARTS OFFICE TEAM OFFICE TEAM OFFICE TEAM OFFICE TEAM OFFICE TEAM -1FFICE TEAM OFFICE TEAM ONE SOURCE DISTRIBUTORS OSUNA PARTS PLUS AUTOSTORE #713 PERRY FORD PERVO TRAFFIC CENTER PO WERSTRIDE BATTERY CO INC PRUDENTIAL OVERALL SUPPLY SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC ;AN LEANDRO MARINA INN Description chk no JANITORIAL SUPPLIES 206889 WEEKLY MAINTENANCE TRAINING, $50.00 PI206890 EDUCATIONAL REIMBURSEMENT 206891 REPLACE EXISTING SNA INTERFACE TO SD 206892 EMAIL PROTECTION, ANTI-SPAM PROTECTIC206893 MOP 45735 OIL FILTER 206894 TEMP SRVCS OLSON JOSEPH P W/E 01/31/06 206895 TEMP SRVCS STOFER LARRY E W/E 02/03/06 206896 TEMP SRVCS OLSON JOSEPH P W/E 01/27/06 TEMP SRVCS WILLIAMS LEON W/E 01/13/06 TEMP SRVCS WILLIAMS LEON W/E 01/20/06 TEMP SRVCS OLSON JOSEPH P W/E 02/03/06 TEMP SRVCS WILLIAMS LEON W/E 01/06/06 MOP 67256 - LAMP ADVANCED AIRFARE/OSUNA MOP 64946 - ALTERNATOR MOP 45703 - SPARK PLUG MOP 63846 - PAINT MOP 67839 - BATTERY MOP 45742 - UNIFORM STREET ELECTRIC BILL/STREET #10093014384 ELECTRIC BILL/FACILITIES#29728110755 ELECTRIC BILL/FACILITIES#10091911839 206897 206898 206899 206900 206901 206902 206903 206904 206905 206906 206907 206908 206909 206910 206911 ELECTRIC BILL/STREET#98917081416 206912 ELECTRIC BILL/WASTEWATER#10092646814 206913 ELECTRIC BILL/WASTEWATER#29491892373 206914 ADVANCED LODGING/STRASEN 206915 chk date 2/21/06 2/21/06 2/21/06 2/21/06 2/21/06 2/21/06 2/21/06 2/21/06 2/21/06 2/21/06 2/21/06 2/21/06 2/21/06 2/21/06 2/21/06 2/21/06 2/21/06 2/21/06 2/21/06 2/21/06 2/21/06 2/21/06 2/21/06 2/21/06 2/21/06 2/21/06 2/21/06 amount 1,639.92 800.00 456.00 49,950.00 441.00 409.48 1,000.01 924.00 863.28 739.20 739.20 191.84 184.80 36.71 202.60 292.29 41.89 443.66 516.46 461.05 27,022.51 22,633.57 4,558.96 3,569.94 136,78 64.65 277.20 3 City of National City WARRANT REGISTER # 33 2/21/2006 Payee SANDPIPA SBC/MCI SMART & FINAL SOUTHERN CALIF TRUCK STOP STATE COMPENSATION INS FUND STATE HUMANE ASSOCIATON OF C STILES STRASEN SWEETWATER AUTHORITY SWEETWATER AUTHORITY TELLEZ THE LAPD REVOLVING TRAINING THE LIGHTHOUSE, INC. THE STAR NEWS U.S. HEALTHWORKS Description chk no PROPERTY INSURANCE 206916 SBC COMMUNICATION ACCT#619-474-6508-11206917 MOP 45756 STORE MISC 206918 MOP 45758 - DIESEL 206919 W/C CLAIM COSTS EXPERT & CONSULT SRVG206920 2006 CALIFORNIA ANIMAL LAWS HANDBOOII206921 206922 206923 206924 206925 206926 206927 206928 206929 206930 206931 206932 206933 206934 EDUCATIONAL REIMBURSEMENT ADVANCED MEALS/STRASEN WATER BILLS/FACILITIES 12 ACCOUNTS WATER BILLS/STREET 10 ACCOUNTS ADVANCED MILEAGE/TELLEZ ADVANCED TUITION/FIFIELD/GRANDE MOP 45726 - LENS/SOLENOID PROOF OF PUBLICATION OF NC24229 W/C CLAIM COSTS -RESPIRATORY EXAM VALLEY INDUSTRIAL SPECIALTIES CAULK, WHITE VALLEY INDUSTRIAL SPECIALTIES MOP 46453 - PLUMBING - SENIOR/POLICE VAN'S ALIGNMENT & BRAKES, INC. ALIGNMENT VERIZON WIRELESS VIORA WILLY'S ELECTRONIC SUPPLY WOOD & WOOD WOOD & WOOD WOOD & WOOD CINTAS CORPORATION #694 CORPORATE EXPRESS DHL EXPRESS (USA) INC. MOBILE SERVICES#570210396-00001 REIMB FOR PARAMEDIC SCHOOL EXPENSES .206935 MOP 45763 - ELECTRICAL STOCK 206936 LIABILITY CLAIM COSTS-FLORES V JC PENNI206937 LIABILITY CLAIM COSTS-AHLES V. OFFICER 206938 LIABILITY CLAIM COSTS-FRISBIE VS CNC 206939 206940 206941 206942 MAINT. LAUNDRY SERVICE OFFICE SUPPLIES OVERNIGHT SHIPPING chk date amount 2/21/06 7,025.00 2/21/06 189.16 2/21/06 6.44 2/21/06 113.88 2/21/06 6,736.00 2/21/06 55.00 2/21/06 952.75 2/21/06 94.80 2/21/06 7,170.08 2/21/06 1,769.64 2/21/06 11.44 2/21/06 1,420.00 2/21/06 73.25 2/21/06 53.81 2/21/06 85.00 2/21/06 103.68 2/21/06 804.05 2/21/06 598.94 2/21/06, 3,799.02 2/21/06 292.46 2/21/06 228.99 2/21/06 12,136.73 2/21/06 2,720.00 2/21/06 923.00 2/21/06 128.34 2/21/06 45.22 2/21/06 99.74 City of National City WARRANT REGISTER # 33 2/21/2006 Payee FEDEX LODGING -A TORRES/MAINT WORKSHOP 206945 2/21/06 170.62 INDUSTRIAL SUPPLY DISTRIBUTOR JANITORIAL SUPPLIES 206946 2/21/06 158.78 M&M PLASTICS DECALS FOR BUSES 206947 2/21/06 525.28 NEW FLYER PARTS BUS PARTS 206948 2/21/06 510.80 NEXTEL COMMUNICATIONS NEXTEL PHONES 01/10 - 02/09 206949 2/21/06 499.29 NUNEZ REIMB FOR PASSENGER DAMAGED CLOTHIN 206950 2/21/06 55.00 PETRO-DIAMOND INC. DIESEL FUEL 206951 2/21/06 16,166.19 SBC PHONE 02/05 - 03/04 206952 2/21/06 309.94 SPANKY'S, INC. PORT-POTTIE SERVICING 206953 2/21/06 411.41 INISOURCE MAINTENANCE SUPPL JANITORIAL SUPPLIES 206954 2/21/06 320.95 Description chk no chk date amount OVERNIGHT SHIPPING 206943 2/21/06 53.62 FIRST ADVANTAGE CORPORATION BACKGROUND CHECK 206944 2/21/06 49.06 HILTON Workers compensation checks Total $ 332,508.13 11238 2/15/06 400.00 11239 2/15/06 202.00 11240 2/15/06 400.00 11241 2/15/06 370.00 11242 2/15/06 32.30 11243 2/15/06 83.94 11244 2/15/06 47.60 11245 2/15/06 47.60 11246 2/15/06 41.56 11247 2/15/06 59.29 11248 2/15/06 35.74 11249 2/15/06 632.99 11250 2/15/06 266.10 City of National City WARRANT REGISTER # 33 2/21/2006 Payee Description chk no chk date amount 11251 2/15/06 156.84 11252 2/15/06 83.03 11253 2/15/06 83.03 11254 2/15/06 260.70 11255 2/15/06 18.45 11256 2/15/06 528.35 11257 2/15/06 139.89 11258 2/15/06 110.00 11259 2/15/06 132.00 11260 2/15/06 132.00 11261 2/15/06 44.00 11262 2/15/06 110.00 11263 2/15/06 85.80 11264 2/15/06 262.20 11265 2/15/06 902.70 11266 2/15/06 330.96 11267 2/15/06 74.32 11268 2/15/06 26.75 11269 2/15/06 24.36 11270 2/15/06 143.62 11271 2/15/06 59.29 11272 2/15/06 121.78 11273 2/15/06 164.21 11274 2/15/06 250.40 11275 2/15/06 72.25 11276 2/15/06 16.63 11277 2/15/06 945.19 City of National City WARRANT REGISTER # 33 2/21/2006 Description chk no chk date amount 11278 2/15/06 45.24 11279 2/15/06 58.14 11280 2/15/06 58.14 11281 2/15/06 114.10 11282 2/15/06 47.04 11283 2/15/06 78.40 11284 2/15/06 78.40 11285 2/15/06 69.64 Total $ 8,446.97 Grand Total 340,955.10 TRANSIT WARRANTS CHECK#206940-206954 15 CHECKS $.19,504.24 City of National City WARRANT REGISTER #33 2/21/2006 001 GENERAL FUND 73,360.75 105 PARKS MAINTENANCE FUND 279.54 111 P.O.S.T. FUND 7,112.76 120 PLAN CHECKING REVOLVING FUND 21,473.96 125 SEWER SERVICE FUND 246.55 130 EMT-D REVOLVING FUND 292.46 131 ASSET FORFEITURE FUND 49,950.00 136 TINY TOT CLASSES FUND 112.56 172 TRASH RATE STABILIZATION FUND 6,050.30 253 RECREATIONAL ACTIVITIES FUND 79.88 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 16.04 288 PRIME TIME II 15,000.00 294 HUD HEALTHY HOMES GRANT 30.14 301 GRANT-C.D.B.G. 603.10 302 CDC PAYMENTS 2,181.68 349 GEN FUND LOCAL ASSISTANCE FOR PARKS GRNT 600.00 552 TDA 19,558.86 626 FACILITIES MAINT FUND 36,519.02 627 LIABILITY INS. FUND 69,911.70 628 GENERAL SERVICES FUND 2,693.93 629 INFORMATION SYSTEMS MAINTENANC 441.00 631 TELECOMMUNICATIONS REVOLVING 4,069.23 632 GENERAL ACCOUNTING SERVICES 2,848.59 643 MOTOR VEHICLE SVC FUND 26,683.04 724 COBRA/RETIREE INSURANCE 840.01 TOTAL 340,955.10 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. FINA CE DIRECT- 0 CITY MANAGER FINANCE COMMITTEE NICK INZUNZA, MAYOR -CHAIRMAN RONALD J. MORRISON, MEMBER FRANK PARRA, MEMBER LUIS NATIVIDAD, MEMBER ROSALIE ZARATE, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 7TH DAY OF MARCH 2006. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT March 7, 2006 MEETING DATE TEMPORARY USE PERMIT — CHP CHILLI SAFETY DAY ITEM TITLE PREPARED BY Kathleen Trees 336-4210 DEPARTMENT 13 AGENDA ITEM NO. Building and Safety EXT. EXPLANATION This is a request from the California 0 60 he hours of the event are conductway Patrol to 0 00 a.m.luntil 2 00 p.m.d Safety Day ThiWalmart a on Saturday, February 18, free event for the community. California Highway Patrol inspeoto � Will Cenovidtury �surance wicar seat ll provide frees car non-profit those will provide safety information and that do not pass inspection. There will also be finger painting for the children. No food or drinks will be sold. 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, however, due to the City's budget situation, staff is not recommending a fee waiver. Environmental Review X N/A MIS Approval Financial Statement Approved By: The City has incurred $62.00 in costs in processing the T.U.P. application through !waw ..Gaty Departments. Account No. N/A STAFF RECOMMENDATION %�iztil /K)�-GQ/Y Approve the Appl ication for Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Application For A Temporary Use Permit with recommended conditions of approval Resolution No. A-200 (Rev. 7/03) Type of Event: _ Public Concert _ Fair _ Festival _ Parade _Demonstration XCommunity Event Circus _ Block Party Grand Opening _ Other Event Title: C'H f b S4 PETy Event Location: ►4iA. L tit +q, IL"r " Event Date(s): From 7!904 to 2 ijk Total Anticipated Attendance: Month/Day/Year ( Participants) Actual Event Hours: /0 6/pm to 02 any ( Spectators) Setup/assembly/construction Date: Ihip/d4 Start time: 40 a m Please describe the scope of your setup/assembly work (specific details): Se-- up 7Ay IS 744..6 /es A-4s/ se-s ccp hi>10 Dismantle Date: _Viz'" 21 Completion Time: 817(0 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. Sponsoring Organization: Gff° Chief Officer of Organization (Name) Applicant (Name): © 4,e+ 2 ace Address: /, orele,t, D/ulSioi7 Daytime Phone: 6 _ `v4'� (--�) Evening Phone: () Fax: Contact Person "on site" day of the event: a/1 For Profit S( Not -for -Profit Pager/Cellular: 3/6 — 377 ? — ti/ Z. 7 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITYOFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? _AYES NO Are admission, entry, vendor or participant fees required? _ YES Y NO If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? 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. /0 in spa- A e.7-7 S?4L lL7 s peer Goa r Sea24 S O G �ZiC �5 frQcia 2 TA.tt• i c / JA AOrr0 Tiie //--��y s f' Chi /rl 71v re d s 4J#' 2C'7.4e i gg.c.574.9 YES /fV0 If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 — YES 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: _ YES XNO _ YES )(NO YES NO _ YES A NO 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. Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. Does the event involve the use of tents or canopies? If YES: a' Number of tent/canopies 5 Sizes /D X $0 X �0 NOTE: A separate Fire Department permit is required or tents or canopies. Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the fol lowing 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: 3 Please describe your procedures for both Crowd Control and Internal Security: 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 X 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. 711r-VA1 ifirg 4-074-7e Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: A A - NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES x 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: YES NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm 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: YESNO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YES NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 For Office Use Only Event: Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 R LJESV€ 6R Aft" WAIVER QE FEES i 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? Yes (proceed to Question 2) No (Please sign the form andssubmit 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 C /-/ /O Type of Organization A-t,, (Service Club, Church, Social Service , etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (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? X Yes (Please provide an explar}ation andetails. No (Please proceed to Question 5) 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. kNo (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) Signat re Da e 104 9 CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT AND RECOMMENDED CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: EVENT: DATE OF EVENT: TIME OF EVENT: APPROVALS: FIRE POLICE PLANNING California CHP Child Safety Car Seat Fair Saturday, February 18, 2006 10:00 a.m. to 2:00 p.m. YES [ x] NO [ ] YES [ x ] NO [ ] YES[x] NO [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL FIRE 336-4550 1. Maintain Fire Department access at all times. 2. Fire protection appliances are not to be blocked at any time (fire hydrants, sprinkler connection (FDC), fire extinguishers etc.). 3. Permit is required to erect or operate a tent having an area in excess of two hundred (200) square feet or a canopy in excess of four hundred (400) square feet, or a combination thereof Tents and canopies shall be flame retardant treated. Permit fee is eighty-five ($85.00) dollars. Permit to be obtained from the Fire Department. Kathleen Trees From: Sent: : To: Cc: Subject: TO: Chris Zapata Thursday, February 16, 2006 6:01 PM 'omorales@C H P. ca. g ov' Nick Inzunza; Ron Morrison; Luis Natividad; Frank Parra; Rosalie Zarate; Lin Wurbs; Kathleen Trees FW: TUP for CHP Omar Morales California Highway Patrol omorales a,CHP.ca.gov <mailto:omoralesa.CHP.ca.gov> FROM: Chris Zapata, City Manager SUBJECT: California Highway Patrol car seat give away on February 18 at Walmart I understand that due to a staffing change the CHP made a mistake and did not apply to the City for the TUP for their annual event in time to be heard by the City Council. I have been informed that there has not been any opposition to this event in the past nor have there been any problems with the event. This memo will allow you to hold the event as scheduled and then follow up at the next available City Council meeting for formal approval. EVENT DATE: EVENT TIME: SET UP: CLEAN UP: February 18, 2006 10 am to 2 pm 6 am with KUSI setting up a live feed at 7 am 5 10X20 and 1 20X40 tents (Fire Dept fees have been paid) ends at 4:30 pm Attached is a copy of the conditions of approval updated from the previous event. CHP Child Safety Car Seat Fair... 1 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 7, 2006 AGENDA ITEM NO. 14 ITEM TITLE PREPARED BY XXPLANATION TEMPORARY USE PERMIT — NATIONAL CITY LIVING HISTORY FARM PRESERVE, INC.-Farm Day at 1808 F Ave., from April 17, 2006 to April 29, 2006 DEPARTMENT EXT. Joe Olson 336-4210 Building and Safety This is a request from the National City Living History Farm Preserve, Inc. to conduct the Farm Day Event from April 17, 2006 to April 29, 2006 from 8:00 a.m.to 4:00 p.m. This event will include a display of old farm equipment, operating and static. Feeding and care of farm animals will be demonstrated. Students will be taught to wash clothes in a washtub using washboards, how to plant seeds and care for plants. The history of life and chores on a turn of the century farm will be taught to students from all over the county. A waiver of fees is requested. The event and sponsoring organization meet the criteria in the City Council Policy No. 704 for a waiver of fees. However, due to the City's budget situation, staff is not recommending the waiver of fees. ( Environmental Review/p MIS Approval Financial Statement Approved By: The City has incurred $345.00 in costs in processing the T.U.P. application througlf0�dl`iCRYs`sE°ity Departments. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval.AOle'' BOARD / COMMISSION RECOMMENDATION rik " N/A ATTACHMENTS ( Listed Below ) Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. Resolution No. A-200 (Rev. 7/03) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: DATE OF ACTIVITY: LOCATION OF ACTIVITY: TIME: APPROVALS: POLICE PLANNING FIRE FINANCE PUBLIC WORKS ENGINEERING CITY ATTORNEY PUBLIC WORKS CONDITIONS OF APPROVAL: FIRE (336-4550) National City Living History Farm Preserve, Inc. April 19-29, 2006 1808 F Ave 8:00 a.m.-4:00 p.m. YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [x ] SEE CONDITIONS [x ] SEE CONDITIONS [ ] SEE CONDITIONS [x ] SEE CONDITIONS [x ] SEE CONDITIONS [x ] 1) Emergency access to be maintained at all times, into and through the event. 2) Tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Permit fees are $349.00. Fees can only be waived by the City Council. Fees can only be waived by the City Council. 3) 2A:10BC fire extinguishers required in the area of structures and canopies. Travel distance to a fire extinguisher not to exceed 75 feet. Fire extinguishers to have a current State Fire Marshal Tag attached. 4) A fire safety inspection is to be conducted by the Fire Department prior to opening to the public. ENGINEERING No CIP Projects in the events vicinity anticipated as of this date. However, please confirm with Engineering 2 weeks prior to the event to check, modify, and confirm schedule, if necessary. For more information, please contact Kenneth Fernandez at 619-336-4388. FINANCE (336-4330) 1. A Business License is required if monies are solicited, admittance charged or food, beverage or merchandise is sold. 2. Each vendor present on this event must have a separate business license. 3. If any of the vendors or organizations is registered not -for -profit, there will be no charge for the Business License. 4. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department prior to the event for verification of Business License numbers. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and Parking Authority and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. Type of Event: Public Concert Parade _ Motion Picture Commu Event Title: F AQL�/1 D %Y �{ 0 ‘-t, Event Lodation: $b8 F AV 61J VE, Qp' it Event Date(s): From '1-11-0C to 4'Z,- CIG Total Anticipated Attendance: 1000 Month/Day/Year ( Participants) ( Spectators) Actual Event Hours: B;OO Ipm to 4 :00 am/0 Setup/assembly/construction Date: 4-11-0L Start time: 01:4:50 Please describe the scope of your setup/assembly work (specific details): S1a1 v9 C4rv091w, , Pi..Pctr: wPt} Tv AS ov1, 5E7 via 0,491-0tS Dismantle Date: 4-21-0‘ Completion Time: S: laulP 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. Sponsoring Organization: NATIONAL cn-e LasSToC`i i Not -for -Profit _ Fair _ Festival _L Demonstration _ Circus _ Grand Opening _ Other raK r'1 VttS Est\-10 Chief Officer of Organization (Name) CO VAS-SoviroSo►J Applicant (Name): \)INLETS 'O LOS Address: 12.41 MANCIAQS-T.' ► A-1 oNAL CCA °H ISU Daytime Phone: (C,11) Q1c\-btLS Evening Phone: (1.r1)'l1`l'tiL-6 Fax: ( ) Contact Person "on site" day of the event: SVStoAi..-te- Pager/Cellular: (oi`1' '421.' SIO`t 41t:- 4y53 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS For Profit 1 Is your organization a "Tax Exempt, nonprofit' organization? _ YES ✓ NO Are admission, entry, vendor or participant fees required? ✓ YES , NO If YES, please explain the purpose and provide amount(s): Sire (0m1.17S . ILt_ t3E cl-inec.tao 14 S.OD QAR9tc1pA-Hor , cM'a. • • $ / 00 0 '- Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 350- Estimated Expenses for this eyeipt. $ 9 Dt 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. DWI -AY OF oco (-'ARrt CsgVtPH 1. ct;wz.7nDc-. yNp CALL . pc- FAart f1 3I MALS . S-fvo tS w)LL. 13E Pivc.w v 10 wr9SN CLo LIM.S I n3 ta ta- I Tv11, u5,ro (. war} (Sp)0)40 S Now -to Q�.�grv� 5�-ti.c�S gnrrJ CWfe. Czon- .1rM ui5-102Y b� t_1 t Aoa0, cAOil-tc S ca.) '( v4.N (Z i ►Ik' Cerv-rurLL{ T Ct\5,4.‘41* -co ST v0e.-,41 fLYt0'Kt 'Ov-aY_ 7yt CouN1 YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: YES V NO Does the event involve the sale or use of alcoholic beverages? YES V. NO. Will items or services be sold at the event? If yes, please describe: _ YES ✓NO 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. ✓ YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. /YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 5 Sizes 1 O ' ^t 1 O ' NOTE: A separate Fire Department permit is required for tents or canopies. YES VNO Will the event involve the use of the City stage or PA system? 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 .tothe 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 end.garbageahroughout 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: S Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: w1:5 yflvt? Cnrv1*AtSrtC "To AN)(1.E yC 51"14".- 1 vr) p C— T•R.ASGL.5NYaR.AleQ • 3 VOL,u.>n) CL NAP. Please describe your procedures for both Crowd Control and Internal Security: STvYo si'rS WMLt., 1-b6 q iTWV.DO/NG WI'Gta-Gk"ptcHr lS ANC S.tiout- S't1APC. "CNi. Nc.LA-15='P P/tOv1I'JE r36LSrn77S _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 /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. 1,7I1.S1 KITS Oro S►rL Please describe your Accessibility Plan for access at your event by individuals with disabilities: ALL • c.v1~=,r,..s W't G42.0ts►,JO t_'.v'L , ,q IQ Psi)rk COrAPt_iwv-T Ya cc.►S itil 21-vac,' Please provide a detailed description of your PARKING plan: Sew S WILL SS ' t iOV > N N: i QkRv.troG, WILL f'Sw• A01=Qvv`11t= Please describe your plan for DISABLED PARKING: 4f12k.1►.,G. 0ND SlZ12^ tA) ILL QC M'g0w. P\ALA'(LG tF 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: Pt.,-Liun-S W %Lk- t3F O1STAt S \)1 "Cc, 7Wra 'tE.StOGNTS 3N Tt-1 NQ041. tkpoo 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: Number of Bands: Type of Music: YES VNO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm 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 VNO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YES VNO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 For Office Use Only Event: Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization ivPvttoru .. c1Zy LIV 1,30. UtyTo4Y PAAII Prz.%$alzow Person In Charge of Activity J, N c h-t -r LO S Address 1213 ci 3r xev 5-( etz•1 CA 9115 0 Telephone (Pl`1-41`l- 51LS Date(s) of Use i2°t-01. HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby,agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims; demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. cP—Q12, Signature of Applicant TtR.�ASv�t.c�x�n. Official Title Por Office Use Only 21001 Date Certificate of Insurance Approved Date 7 R s1JESVf6R WAIVEROF;.FEE 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 waivr eof the processing fees, please corrlplete-ttid questionnaire below: , 1. Is the event for whibh'the TUP-is sought sponsored by a non-profit organization? i( Yes (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 NR"It.o,..) t- ( 1,3 C. 141Jro4Ya.WSt 2vG Type of Organization WAt�n (Service Club, Church, Social Service Agency, etc.) a 3. Will the event generate net income or proceeds t the sponsoring organization? if• Yes (Please proceed to Question 4) No (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 Question 5) A 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 Kiwanls, 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? X Yes Year funds were received: I i (. Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature Date City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 7. 2006 15 AGENDA ITEM NO. t-ITEM TITLE ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 2.01.020 OF THE NATIONAL CITY MUNICIPAL CODE TO DESIGNATE THE CITY MANAGER AS THE EXECUTIVE DIRECTOR AND SECRETARY OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY PREPARED BY George H. Eiser, III 4221 EXPLANATION DEPARTMENT City Attorney At the CDC meeting of January 24, 2006, the CDC Board adopted Resolution No. 2006-09, appointing the City Manager to the position of Executive Director of the Community Development Commission. The proposed ordinance would amend Section 2.01.020 of the Municipal Code, which enumerates the powers and duties of the City Manager, to provide that the City Manager shall serve as the Executive Director and Secretary of the CDC. Environmental Review Financial Statement N/A N/A Account No. / STAFF RECOMMENDATION Introduce Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed Ordinance Section 2.01.020 of the Municipal Code Resolution No. A-200 (9/60) ORDINANCE NO. 2006 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 2.01.020 OF THE NATIONAL CITY MUNICIPAL CODE TO DESIGNATE THE CITY MANAGER AS THE EXECUTIVE DIRECTOR AND SECRETARY OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY BE IT ORDAINED by the City Council of the City of National City that Subsection W is added to Section 2.01.020 of the National City Municipal Code to read as follows: . W. To serve as executive director and secretary of the Community Development Commission of the City of National City. PASSED and ADOPTED this day of 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Sections: 2.01.010 2.01.020 2.01.030 2.01.040 Chapter 2.01 CITY MANAGER* Office created —Qualifications. Powers —Duties. Intermediary role. Compensation. * For traffic administration, see Chapter 11.08. For building administration, see Chapter 15.04. 2.01.010 Office created —Qualifications. A. The office of city manager is established. The city manager shall be appointed by the city council solely on the basis of executive and adminis- trative qualifications, and shall hold office during the pleasure of the city council. No person elected to membership on the city council shall, subsequent to such election, be eligible for appointment as city manager until one year has elapsed following the ex- piration of the last term for which he was elected. B. During the absence or disability of the city manager the council may designate some properly qualified person to perform the duties of the office of city manager. (Ord. 782 § 1, 1950) 2.01.020 Powers —Duties. The city manager shall be the administrative head of the city government under the direction and con- trol of the council, except as otherwise provided by ordinance. The city manager shall be responsible to the city council for the efficient administration of all the affairs of the city which are under the city man- ager's control. In addition to the city manager's gen- eral powers as administrative head, and not as a limi- tation thereon, it shall be the duty and the city man- ager shall have power: A. To see that all laws and ordinances are duly enforced; B. To employ, discipline or remove all heads of departments and all subordinate officers and employ- ees of the city, to transfer employees from one de- partment to another; and to consolidate or combine 33 2,01.010 offices, positions, departments, or units under the city manager's jurisdiction with the approval of the city council in each instance. Nothing contained in this chapter shall apply, however, to the city clerk, city attorney, or city treasurer; C. To exercise control over all departments and divisions of the city government and over all appoint- ive officers and employees thereof subject to the ap- proval of the city council, except as provided in this chapter; D. To attend all meetings of the council and its committees unless excused therefrom by the council or the committee and except when the removal of the city manager is under consideration by the council; E. To recommend to the council for adoption such measures and ordinances are deemed necessary or expedient; F. To keep the city council at all times advised as to the financial conditions and needs of the city; G. To prepare and submit to the city council the annual budget; H. To prepare and recommend to the city coun- cil a salary plan; I. To purchase all supplies for all of the de- partments or divisions, and no expenditure shall be submitted or recommended to the city council, except from report or approval of the city manager. The city manager may delegate the provisions of this subsec- tion; J. To make investigations into the affairs of the city or any department or division thereof or any con- tract, or the proper performance of any obligation running to the city; K. To investigate all complaints in relation to all matters concerning the administration of the govern- ment of the city and in regard to the service main- tained by public utilities in the city, and to see that all franchises, permits and privileges granted by the city are faithfully observed; L. To exercise general supervision over all pub- lic buildings, public parks, streets and other public property which are under the control and jurisdiction of the city council; (National City Sapp. No. 13, 8.05) 2,01.020 M. To prepare and submit to the city council an organization chart showing the organization plan for all departments of the city government; N. To issue on behalf of the council all licenses and permits not otherwise provided for by ordinance; O. To superintend the construction of all public work within the city; P. To develop and organize accessory public improvement projects and assist the city council and the various departments in carrying the same through to successful conclusion; Q. To serve as public relations officer of the city government and to follow through and endeavor to adjust all just complaints filed against any employee, department, division, or service thereof; R. To make and keep up to date an inventory of all property, real and personal, owned by the city; S. To receive and open all mail addressed to the city council and give immediate attention thereto to the end that all administrative business referred to in such communications and not necessarily requiring councilmanic action, may be disposed of between council meetings; providing that all actions taken pursuant to such communications shall be reported to the city council at its next meeting thereafter; T. To approve, execute and issue all contracts and agreements or amendments thereto in an amount not to exceed twenty-five thousand dollars, except as otherwise provided by ordinance or resolution, and to delegate that authority; U. To reject claims and demands against the city and, with the concurrence of the city attorney, ap- prove, settle or compromise such claims and de- mands in amounts not to exceed twenty-five thou- sand dollars; V. To approve change orders for previously au- thorized procurements of supplies and equipment, professional services agreements and public works contracts in amounts not exceeding an aggregate of ten percent over the original authorized contract price or twenty-five thousand dollars, whichever is greater, without prior city council approval, and to delegate such authority. (Ord. 2263, 2005: Ord, 1479 (part), 1975; Ord. 885 § 1, 1955: Ord, 782 § 2, 1950) (National City Supp. No. 13, 8-05) 34 2.01.030 Intermediary role. Except for the purpose of inquiry, the city council and its members shall deal with the administrative service solely through the city manager, and neither the city council nor any member thereof shall give orders to any of the subordinates of the city manager. (Ord. 885 § 2, 1955: Ord. 782 § 3, 1950) 2.01.040 Compensation. The city manager shall receive such salary as the city council shall from time to time determine and fix by resolution or motion. (Ord. 782 § 4, 1950) —MEETING DATE: City of National City COUNCIL AGENDA STATEMENT March 7, 2006 AGENDA ITEM NO. 16 ITEM TITLE: PUBLIC HEARING: 2006-2007 CONSOLIDATED PLAN FUNDING ALLOCATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAMS— APPLICANT PRESENTATIONS PREPARED BY: LETICIA QUINTERO DEPARTMENT CITY MANAGER'S OFFICE EXPLANATION: City staff is currently processing and evaluating the applications for the upcoming 2006-07 Fiscal Year CDBG & HOME allocations. On February 15, 2006, CDBG and HOME applicants presented their proposal/requests before the Housing and Community Development Committee (HCDC). The purpose of this public hearing is to provide the applicants with the opportunity to present their respective proposals/requests to the City Council. Upon the conclusion of these presentations, this Public Hearing will be closed. A new Public Hearing has been advertised for the regularly scheduled City Council Meeting of March 21, 2006. At that time the City Council will consider the final allocations. Environmental Review Not applicable to this report. Financial Statement Not applicable to this report. STAFF RECOMMENDATION Conduct Public Hearing. BOARD/COMMISSION RECOMMENDATION Not applicable to this report. 1.ATTACHMENTS (Listed Below) Resolution No. None. MEETING DATE March 7, 2006 City of National City, California COUNCIL AGENDA STATEMENT 17 AGENDA ITEM NO. / ITEM TITLE Resolution accepting proposals for Police Department Towing Contract, and awarding contracts to two providers: Moynahan Towing and JC Towing. Contract term: April 1, 2006 - March 31, 2009. PREPARED BY DEPARTMENT PurchasingDept. x4570 Brenda E. Hodges, C.P. P EXPLANATION Sergeant Randy Bishop Police Dept. x4446 The City's current Towing Contract with Moynahan and Road One Towing, will expire 3/31/06. Request for Proposal #GS0506-5 was issued to establish a new contract. RFP's were mailed to 15 vendors, netting 8 actual proposals by the 2/3/06 due date. Extensive Administrative Review and Site Evaluations were conducted for all vendors, and companies were ranked according to how well they met or exceeded the RFP requirements. As per previous contracts, the Police Department recommends awarding contracts to two separate companies. It has been determined that Moynahan Towing and JC Towing are best suited to provide the required level of service. Moynahan has provided towing services for the City for many years. JC Towing more than meets the RFP requirements, and currently provides service for CHP, Chula Vista and San Diego Police Departments. Road One Towing was ranked third, and has been notified that their contract will expire. Proposed rates were initially different between the two recommended companies. Therefore, negotiations were conducted to equalize their proposals, so that standard, consistent rates could be established for both. It is recommended that contracts for the period of 4/1/06 - 3/31/09, be awarded to Moynahan Towing and JC Towing companioc EXT. 2 ( Environmental Review N/A Financial Statement n/a MIS Approval Approved By: Finance D' _•, tor Account No. STAFF RECOMMENDATION In concurrence with the Police Department, the Purchasing Agent recommends that contracts be awarded to Moynahan Towing and JC Towing. BOARD / COMMISSION RECOMMENDATION not applicable ATTACHMENTS ( Listed Below) Resolution No. 1) Admin. Evaluation from Purchasing 1q I 4) Bidder List/Ranking ® I 2) Site Evaluations from Police Dept. 18!-6 I(' 5) Both agreements are available in the City Clerks 3) Cost Proposals c I 6) Resolution Offi• A-200 (Rev. 7/03) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING TWO PROPOSALS FOR THE POLICE DEPARTMENT TOWING AND IMPOUND SERVICES AGREEMENT, OVERRULING ALL PROTESTS, AND AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS WITH MOYNAHAN TOWING AND JC TOWING, INC. FOR A THREE-YEAR TERM WHEREAS, the City's current Police Department Towing and Impound Services Agreements with Tom Moynahan and Road One Towing will expire March 31, 2006. Request for Proposal #GS0506-5 was issued to 15 vendors in order to establish new agreements; and WHEREAS, 8 proposals were received in response to the RFP by the February 3, 2006 due date; and WHEREAS, extensive administrative review and site evaluations were conducted for all companies that submitted proposals, and companies were ranked according to how well they met or exceeded the RFP requirements; and WHEREAS, the Police Department and Purchasing Department recommended that agreements for a term of three years be entered into with Moynahan Towing and JC Towing, as the companies best qualified to provide the required level of service; and WHEREAS, the City Council finds and determines that the RFP process was regularly and properly performed, and the City Council overrules all protests to the RFP process and to the recommended agreements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Agreements for Police Department Towing and Impound Services with Tom Moynahan and with JC Towing, Inc., respectfully, for a term beginning April 1, 2006 and ending March 31, 2009. Said agreements are on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of March, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney PURCHASING TOWING CONTRACT ADMINISTRATIVE EVALUATIONS 2/14/06 Movnahan JC RoadOne Western RdelOro American Cortes Bradley Received: Addendum #1? Y Y Y Y Y Y Y Y Addendum #2? Y Y Y Y Y Y Y Y Addendum #3? Y Y Y Y Y Y Y Addendum #4? Y Y Y Y Y Y Y Y RFP Cover Sheet Y Y Y Y Y Y Y Y Business License? Format (failure may = refection) Pq 4#G Separated into Tech & Price Proposal Y Y Y Y Y Y NO Y One original and 3 copies of each Y Y Y Y Y Y NO Y Site Eval: See separate document from PD Location (10 miles) (pg 14) Hours (pg 14) Equipment (pg15) Employees (pg 14) Dispatch (pg 19) Tech Eval (pa 7) Tech section submitted Y Y Y Y Y Y NO Y o they meet technical specs Experience, past performance References included (pg 6) Y Y Y Y Y Y Y Y Subcontractors included (pg 6) Y Y Y Y Y Y NO Y CHP form included (pg 6) Y Y Y Y Y Y NO NO Price Eval: (on 8) Pricing submitted Y Y Y Y Y Y Y Y Conclusion: Ok Ok Ok Ok Ok Ok DISQ** Note * DISQ** This vendor disqualified for not meeting minimum administrative requirements Note* L Located on same property as, and owned and operated by same owner as: JC Towing. AI NATIONAL CITY POLICE DEPARTMENT MEMORANDUM DATE: February 13, 2006 TO: Dr. Adolfo Gonzales, Chief of Police (via chain of command) P4,6 FROM: Sergeant R. Bishop, Traffic Division SUBJECT: Tow Contract Inspections/Recommendations On Friday, February 3, 2006, the Request for Proposal (RFP) for tow contract bids was closed. Eight (8) tow concerns submitted proposals for the contract. The following is a list of prospective tow contractors and the locations of their vehicle storage lots: American Towing, 140 Reed Court, Chula Vista Bradley Towing, 2501 Faivre Street, Chula Vista Cortes Towing, 996 Otay Valley Road, San Diego JC Towing, 2501 Faivre Street, Chula Vista Moynahan's Towing, 3200 National City Blvd., National City Rancho Del Oro Towing, 9063 Airway Road, San Diego & 1167 W. Palm Ave., El Cajon Road One Towing, 3333 National Ave., San Diego Western Towing, 1187 Walnut Ave., Chula Vista On February 8 and 9, 2006, Sergeant R. Bishop and A.V.A. Officer A. Vergara visited and inspected the storage lots for all of the above listed tow concerns. Refer to the attached inspection checklists for details of the inspections. The following is a summary of the site visits: American Towing: This operator is a relatively small family operated business. They have no experience with municipal law enforcement contracts (they have been awarded a contract to serve the Chula Vista Police Department beginning in March 2006). They have no procedures in place to reconcile billing for 30-day holds. The tow concern does not adequately meet the requirements of the RFP in the following matters: no "sub -garage" tow vehicle capable of accessing the Police Department's secured parking facility (extremely important) and there is no secured area of the storage lot where evidence vehicles could be held (while potentially expensive, this could be done fairly easily and quickly). The following are areas of concern with this bidder: The company uses an answering service for after-hours calls. The answering service operator then notifies the on -duty driver of the call. In the event a driver is given a bad address or needs further assistance to locate an officer, the use of the answering service could be problematic. I attempted to call the business to notify them of my pending site visit. However, I telephoned early in the day and the answering service was unable to put me in contact with any company personnel. The business has limited office staff availability after hours. In most instances, office staff would have to be summoned from home to respond to the business for an after-hours release. In addition, the business' current office hours are substantially less than those set forth in the RFP and those of other tow concerns. Based on the site inspection, I feel that American Towing is not equipped, at this time, to meet the needs of the National City Police Department. Bradley Towing: The storage lot for Bradley Towing is located at 2501 Faivre Street in Chula Vista. This is the physical address for JC Towing, a separate bidder for this contract. The site inspection revealed that Bradley and JC Towing are owned and operated by the same individual, share a dispatch center, storage lots, office staff and equipment. Based on the site inspection, Bradley Towing and JC Towing will be considered essentially one business. Since JC Towing is the parent company, operates the lots and offices in Chula Vista and posts the required notices, the rating for these tow concerns will be discussed later in this document under the heading "JC Towing." Based on the site inspection and the fact that this tow concern is, in essence, the same company as JC Towing, an additional bidder for this contract, Bradley Towing should be excluded for consideration from this RFP (consideration will be given to JC Towing). Cortes Towing: This tow concern is a very small family operated business. The business operates six trucks with as few as two on call during nighttime hours. Cortes Towing has no experience with municipal law enforcement contracts and is inexperienced with 30-day impound fee collection or reimbursement procedures. The storage lot for this business is located in the Otay Mesa area of San Diego. The lot is close to fourteen (14) miles from the National City Police Department. The lot is located on an un-named dirt driveway off of the main road. The driveway is poorly maintained and difficult for a normal passenger car to travel. The lot is difficult to find during daylight hours and would be extremely difficult to find during darkness. Due to the dirt driveway being un-named, computer programs such as "Mapquest" provide poor directions to the lot. The business failed to meet specifications of the RFP as follows: The company operates no "sub -garage" vehicles that could access the Police Department's secured parking facility. The business office and storage lot is not alarmed (the company is expecting to install CCTV in the near future). A single street lamp illuminates the entire lot. There is no secure area for evidence vehicle storage. Additionally, the following are areas of concern with this particular vendor: Office staffing is severely limited during after-hours operations. Primary communication for this business is cell phone. After hours, all calls are forwarded to a cellular telephone answered by a driver. In fact, when I called to notify the business of my pending site visit, the call was answered by a driver who ultimately called a business associate to respond to the storage lot prior to my arrival. There was no office staff on site during my visit (one secretary did arrive as I was leaving). After hours access requires that a driver respond to the lot. This could require a significant wait on the part of a customer. Security to the storage lot is lacking. The lot is surrounded by a 6' chain link fence. In the near future, part of the fence will require replacement due to street encroachment as part of construction adjacent to the site. During the fence replacement, security could be compromised, especially with vehicle access directly next to the fenced portion of the lot. Based on this site inspection, I feel that Cortes Towing is not equipped to meet the needs of the National City Police Department. JC Towing: This bidder is a relatively large tow concern operating over forty trucks, twenty-two of which are new. JC Towing currently has municipal law enforcement contracts with the California Highway Patrol (CHP), Chula Vista Police Department (CVPD) and the San Diego Police Department (SDPD). The business collects and reconciles 30-day impound fees for the SDPD and reconciles the program for the CVPD. The storage lot for this potential contractor is located in the city of Chula Vista, seven miles from the NCPD facility. The lot is located a few blocks off of Interstate 5 and is relatively easy to find. Fees for all of the contracted agencies are clearly posted. The posted office hours for the business are 0800-1700 hours. However, according to staff, the office is routinely open from 0700-2000 hours on weekdays. The business office is not alarmed, however, after hours office staff/telephone operators are on -site and have constant observations of the closed circuit television security monitors. Since staff is on site twenty-four hours a day, customers may obtain releases at any time. This bidder has four "sub -garage" vehicles available to access the NCPD secured parking facility. If awarded this contract, the business owner will suggest placing a forklift, supplied by JC Towing, in the NCPD parking structure for ease in movement of evidence vehicles and other heavy items. JC Towing has two 2-acre lots available for storage. Both lots are secured by high fencing, have adequate lighting and are monitored by a CCTV security device. One of the lots is completely paved. The second lot is dirt. The business is planning on paving the second lot in the near future. There are canopies/tents and cargo containers available for secure evidence storage. The business will secure the tent areas with chain link fencing to meet the requirements of the RFP. There are several areas on either lot to facilitate the mechanical inspection of stored vehicles. The business has set aside a paved area complete with tool access and lifts if needed. The business would also provide a mechanic to assist with these inspections if requested. In addition to the issue of vehicle storage, the business has offered the use of cargo containers for evidence storage (i.e. bulk storage, search warrant temporary storage, etc.). The business would deliver, secure and move the devices as requested by the Police Department. JC Towing is extremely active in the community. They routinely donate liened crash vehicles to local fire departments, including the NCFD, for training purposes. They have established a program to allow owners of impounded vehicles to donate the vehicle directly to a local charity that JC Towing has founded, Youth Education and Sports (YES). JC Towing meets or exceeds all of the criteria set forth in the RFP and will be given favorable consideration in this process. Moynahan's Towing: This bidder is one of two current tow contractors for the City. In fact, they have held the National City tow contract since 1968. They are the only bidder with an address/storage facility within the City (one mile from the Police Department building). In addition to National City, Moynahan's Towing currently contracts with the CHP and the San Diego County Sheriff's Department/Imperial Beach station for law enforcement tows. The company has an excellent reputation for being on time, submitting reconciliations and other reports accurately and timely and, providing access to stored vehicles. Moynahan's Towing is the only bidder that currently has posted office hours from 0800- 1800 hours as specified in the RFP. All fees are clearly posted in the business ofde. The business operates over ten vehicles, including one "sub -garage" vehicle capable of accessing the secured Police Department parking facility. Staff is available on -site 24 hours a day, seven days a week. All incoming telephone calls are answered by office staff. The business monitors the National City Police Department radio frequencies and routinely dispatches tow vehicles prior to notification by police dispatch. The storage lot is extremely large. It is composed of a coarse, crushed rock that keeps dust to a minimum. The lot and accompanying structures are well organized and clean. A tall stucco and wrought iron decorative fence surrounds the storage lot. The yard is well lit and constantly monitored by CCTV. There are two exterior covered secure cages for long term evidence storage and one garage for short term evidentiary impounds. In addition to the garage, there is a large paved pad on the lot to facilitate vehicle inspections. Based on this site inspection and Moynahan's Towing reputation for providing quality, on time service to the Police Department, they will receive favorable consideration in this process. Rancho Del Oro Towing: This tow concern is a fairly large company based out of Del Mar. They currently contract with other law enforcement agencies in the north and east county areas. They have no experience in the collection and reconciliation of 30-day impound program fees. The closest storage facilities operated by the company are located in the Otay Mesa area (16.5 miles from NCPD) and in the city of El Cajon (15.9 miles from NCPD). Both facilities were inspected pursuant to this report. The Otay storage facility is located just north of the international border off of Interstate 905. The lot was difficult to locate initially due to a confusing numbering system in the area and signage blocking the address. Storage/impound fees were not posted at this facility. This facility has separate offices for police impounds and other storages. There was no staff manning the police impound office. Practices at the lot call for office personnel to leave the main office and staff the police impound facility only if necessary. The offices are adjacent to each other and, therefore, this is not a significant issue. After hours, a driver would have to be dispatched to respond to the lot for releases. Due to the remote location of the lot, this could result in a lengthy wait. After hours, there are usually one or two tow vehicles assigned to this lot and available for service. More vehicles are available from other yards within one hour. In the event the primary tow truck was busy, an hour response time fora police tow would be unacceptable. The company would plan on using a Ford F-450 (large pick-up) tow vehicle with dollies to access the Police Department secure parking structure. It is doubtful that a towed vehicle on dollies would be able to be placed in the Police Department facility due to the steep entry into the structure. There are no facilities for secured evidence storage at this site and there is no paved area for vehicle inspections. The area is extremely dusty and not conducive to the exterior storage of evidentiary vehicles. The company has indicated that they could provide these facilities quickly if necessary. There was an extremely heavy volume of vehicle and pedestrian traffic in the area of this yard at the time of the site visit due to a weekly vehicle auction taking place. The El Cajon storage facility required a great deal of non -freeway driving to get to. The business offers no off-street parking and it was difficult to find nearby parking in the industrial area where the lot is located. Impound and storage fees were clearly posted in the business office. This storage facility had no secure areas for evidence storage. The entire lot was paved asphalt. The lot is clean and organized. Security for both storage facilities is excellent. Both lots are surrounded by 8' tall chain link fence topped with razor wire and are covered by CCTV cameras that can be monitored via interne access. Based on the site visits, I feel that Rancho Del Oro is equipped to handle the volume of tows generated by the National City Police Department and has the office staff available to accommodate our needs. However, I am concerned that this company may not have the ability, based on the limited number of trucks assigned to the Otay Mesa facility, to routinely meet the twenty minute requirement per the RFP. I am also concerned that the relative remoteness and distance of the lots from the NCPD would be problematic, particularly for evidentiary impounds requiring inspections. Road One Towing: This bidder is one of two current tow contractors for the City. Road One is a very large tow concern operating close to two hundred tow vehicles. They currently hold tow contracts with several other law enforcement agencies. They are familiar with fee collections and reconciliations for 30-day impound programs. They have performed well in all administrative areas associated with our Serious Traffic Offender Program (STOP). Road One has, however, developed a reputation for slow and late response times when dispatched to NCPD police tows. This reputation is pervasive. It exists in every level of the Police Department and at administrative levels of City government. The Traffic Division has discussed response times many times with Road One supervisors during the past two years. Shortly after the RFP was announced, I received a telephone inquiry from a Road One supervisor. He wished to discuss dispatch issues and how Road One could improve their response times and image with the Police Department. No discussions were held due to my involvement with the RFP process. This was the first time I and, to my knowledge, the Police Department had been contacted by Road One to formally discuss this issue. Other than the issue of tardiness, Road One has served the Police Department well. Their storage facility is in close proximity to National City (3.2 miles from the NCPD building). They staff their own dispatch center and are available to provide release's at any time of the day. The business .office hours are 0800-1700 hours on weekdays. Impound and storage fees are not currently posted in the business office. The storage lot meets or exceeds all RFP requirements. The business has an indoor garage with three separate cages to provide secure short-term evidence storage. The garage is large enough to allow for the mechanical inspection of impounded vehicles. The storage lot is large and rather crowded. It is composed of crushed rock and dirt and is extremely dusty. The well -lit lot is surrounded by a tall chain link fence, is motion sensor alarmed and is monitored via CCTV. Road One will receive favorable consideration during this process. However, their reputation for tardiness when dispatched to police tows will impact Road One's overall rating and recommendation. Western Towing: This bidder is a fairly large company based on Pacific Highway north of downtown San Diego. They currently hold tow contracts with the CHP, SDPD, SDSO and the Immigration and Naturalization Service. They have experience in collecting fees and processing data for 30-day hold programs for other agencies. The closest storage yard for Western Towing is in the city of Chula Vista (5.8 miles from the NCPD building). I telephoned the corporate offices to notify the company of my pending site visit. I was told that staff would be expecting me and would make themselves available to assist me with the inspection. Upon arrival, the site manager told me that he was much "too busy" to speak with me. He assigned a driver to escort me around the property. I was able to inspect the facility, but was unable to gain any substantial insight into business operations and practices. All storage and impound fees were clearly posted outside the business office. Current office hours for this facility are 0800-1700 hours on weekdays. After hours access to office staff and/or the storage yard require scheduling an appointment with a driver who would be assigned to respond to the yard. It is unknown what the average wait time for this service would be. The number of trucks assigned to this lot varies. However, in the event a primary tow vehicle was not immediately available, another vehicle could be summoned from a nearby area. Usually, this could be accomplished within the required 20-minute time frame. The company has several "sub -garage" vehicles available to access the Police Department secured parking facility. However, the response time for these vehicles could be delayed. The storage lot meets all requirements of the RFP. The business has an indoor garage with room to house three vehicles for secured evidence storage. However, there are no barriers to separate the vehicles from each other or to keep out persons who have access to the garage. The lot has a large cement pad that could be used to facilitate the mechanical inspection of stored vehicles. The yard is relatively small compared to other bidders. However, the business has a nearby overflow storage area if the lot becomes full. The storage lot, however, is not as secure as the primary facility. It appears that Western Towing may be capable of meeting the general, if not specific, needs of the National City Police Department. Without being able to gain better insight into their practices and procedures, I am hesitant to recommend this bidder for serious consideration. I am also concerned about how a prospective vendor would perform once awarded a contract when he would not take the time to meet with us while attempting to secure the contract. Based on the site inspections and the knowledge that I have gained regarding these potential contractors, I recommend them in the following order (ranked from most preferred to least preferred): 1. Moynahan's Towing 2. JC Towing 3. Road One Towing 4. Western Towing 5. Rancho Del Oro Towing 6. American Towing (in my opinion, did not meet RFP criteria) 7. Cortes Towing (in my opinion, did not meet RFP criteria) 8. Bradley Towing (not seriously considered due to association with JC Towing) In addition to making recommendations regarding the tow concerns, I would like to take the opportunity to provide some input into the determination as to the number of contractors to consider. It would be my recommendation that we continue to use two tow contractors. The use of two tow companies has allowed for an easy to use and follow calendar for scheduling. Currently, one tow contractor conducts police tows from the first through the fifteenth day of the month while the second vendor tows from the sixteenth to the last day of the month. The contractors switch positions each month. This allows for an equal number of days annually that each vendor is responsible for. Increasing to three vendors would complicate scheduling and require NCPD Dispatch to formulate a daily or weekly rotation to ensure an equitable distribution of tows. Switching tow concerns frequently creates confusion among Dispatch and Patrol Division officers. This leads to the incorrect tow company frequently being summoned, which in turn, results in complaints from the tow companies. An addition consideration would be the increased work involved in having staff review and reconcile more monthly reconciliations and quarterly reimbursements. Currently, a Police Services Officer is assigned the collateral duties of the, vacant STOP Coordinator position. I feel that it would be counter productive to increase the number of reports that we review, reconcile and file while conducting the same number of tows and impounds. The increase in work would impact the Operations Assistant and Finance Department as well as the Traffic Division without increasing our revenue. I feel that this is especially important at this time due to the current fiscal restrictions and staffing shortages being suffered by the City and Police Department. Thank you for your consideration in this matter. Please do not hesitate to contact me via telephone (extension 4446) or e-mail if you have any questions or if I can be of further assistance in this matter. Randy Bishop, Sergeant National City Police Department�G�ry Traffic Division (619)336-4446 rbishop@ci.national-city.ca.us A '/1' TOW RFP INSPECTION Prospective Contractor American Towing, 140 Reed Court CV 2/8/06 1215 B Business license X Current in jurisdiction 2 24 hour phone contact O Pager/cell/office staff, after hours answering service in cell contact w/driver 2 24 hour office staff for release O Office at yard (open minimally 0800-1800), currently 8:30 —5 Mon -Fri O Access to vehicle by R/O 24 hours, after hours by paging driver to return to lot O Fee schedule posted in office, limited fees posted, fees not specific bracketed 0 X 0 X X X X X X X X X X ccept credit card and cash Cash on hand for change, office staff/mgmt. would respond after hours Procedure in place to post reconciliations, not at this time no LE contracts/exper. Invoices itemized with all charges Tow truck requirements 3 w/ dual rear wheels and GVWR in excess of 14,500 lbs., 11 trucks 1 sub -garage vehicle, no vehicle dedicated Truck equipment 2 way radio, cell phone and pager contact with driver 8000 Ib. capacity Dollies on each vehicle CHP inspection certificate for each vehicle Lot requirements Within ten miles of City boundary, 8.3 miles from PD Minimally 10,000 square feet, large crushed stone lot Enclosed, 8' chain link fence Alarmed, CCTV, electric fence, night time security guard on site Lighting: flood lights Drainage: no standing water Secured evidence storage, no facility to secure evid. Vehicles Paved examination area, has vehicle lift and electricity (uncovered) comments: contract with USPB, start CVPD contract Mar. 2006. small family owned business, no experience with municipal LE contracts/30 day hold procedures, limited office availability after hours person conducting inspection: Bishop TOW RFP INSPECTION Prospective Contractor Bradley Towing, 2501 Faivre CV, 2/8/06 1100 Business license X Current in jurisdiction 24 hour phone contact X Pager/cell/office staff, staffs own dispatch center 24 hour office staff for release O Office at yard (open minimally 0800-1800), posted 8 AM-5 PM, usually 7-8 X Access to vehicle by WO 24 hours X Fee schedule posted in office, many LE contracts, all fees for each posted X Accept credit card and cash X Cash on hand for change X Procedure in place to post reconciliations, does 30 day posting for SDPD/CVPD Invoices itemized with all charges Tow truck requirements X 3 w/ dual rear wheels and GVWR in excess of 14,500 lbs., 40 total, 9 on lot, 22 new X 1 sub -garage vehicle, 4 avail. plus has offered fork lift Truck equipment X 2 way radio, Nextel and radio X 80001b. capacity X Dollies on each vehicle X CHP inspection certificate for each vehicle Lot requirements X Within ten miles of City boundary, 7 miles from PD X Minimally 10,000 square feet, 2 two -acre lots avail. 1 comp. paved X Enclosed -- Alarmed, no alarm, CCTV on site X Lighting: flood lights O Drainage: no standing water, dirt lot had minor standing water from washing X Secured evidence storage, canopy enclosed areas and storage containers X Paved examination area, complete with tools/lifts and mechanic avail. comments: one two -acre paved lot, in process of paving second 2-acre lot. Contracts with CHP, CVPD, SDPD. Offered many services not relating to towing (evidence storage, fork lift for evidence moving/vehicle storage/inspection in PD underground). Very community oriented; provides crash vehicles for FD extraction training, has developed program to allow unclaimed vehicles to be donated for charity (YES). person conducting inspection: Bishop AID TOW RFP INSPECTION Prospective Contractor Cortes Towing, 996 Otay Valley Rd, 2/8/06 1400 B Business license X Current in jurisdiction 2 24 hour phone contact cell phone answered by driver O Pager/cell/office staff, no office staff at site on arrival, cell answered by driver 2 24 hour office staff for release O Office at yard (open minimally 0800-1800), currently 0800-1730 O Access to vehicle by R/O 24 hours, driver to respond to lot V T X X X X X X 0 X 0 X 0 schedule posted in office Accept credit card and cash Cash on hand for change Procedure in place to post reconciliations, not at this time, no exp. w/30 day proc. Invoices itemized with all charges Tow truck requirements 3 w/ dual rear wheels and GVWR in excess of 14,500 lbs., 6 trucks 1 sub -garage vehicle, none Truck equipment 2 way radio, primary comm. is cell phone 80001b. capacity Dollies on each vehicle CHP inspection certificate for each vehicle Lot requirements Within ten miles of City boundary, lot is 13. 8 miles from PD hard to find Minimally 10,000 square feet, small crushed stone lot Enclosed, 6' chain link, must move one fence due to street encroachment Alarmed, scheduled to install CCTV soon Lighting: flood lights, one street light on lot Drainage: no standing water Secured evidence storage, no secure facility Paved examination area, none, could use tow truck maint. area comments: small family owned business, storage lot not very secure, no security and no one to monitor after hours, lot is difficult to locate on poor dirt roads, quite a drive from NC, waits for after hours office service could be extreme, no experience with 30 day hold protocol, no truck to access underground person conducting inspection: Bishop %11 TOW RFP INSPECTION Prospective Contractor JC Towing, 2501 Faivre CV, 2/8/06 1100 Business license X Current in jurisdiction 24 hour phone contact X Pager/cell/office staff, staffs own dispatch center 24 hour office staff for release O Office at yard (open minimally 0800-18001, posted 8 AM-5 PM, usually 7-8 X Access to vehicle by R/O 24 hours X Fee schedule posted in office, many LE contracts, all fees for each posted X Accept credit card and cash X Cash on hand for change X Procedure in place to post reconciliations, does 30 day posting for SDPD/CVPD Invoices itemized with all charges Tow truck requirements X 3 w/ dual rear wheels and GVWR in excess of 14,500 lbs., 40 total, 9 on lot, 22 new X 1 sub -garage vehicle, 4 avail. plus has offered fork lift Truck equipment X 2 way radio, Nextel and radio X 80001b. capacity X Dollies on each vehicle X CHP inspection certificate for each vehicle Lot requirements X Within ten miles of City boundary, 7 miles from PD X Minimally 10,000 square feet, 2 two -acre lots avail. 1 comp. paved X Enclosed -- Alarmed, no alarm, CCTV on site X Lighting: flood lights O Drainage: no standing water, dirt lot had minor standing water from washing X Secured evidence storage, canopy enclosed areas and storage containers X Paved examination area, complete with tools/lifts and mechanic avail. comments: one two -acre paved lot, in process of paving second 2-acre lot. Contracts with CHP, CVPD, SDPD. Offered many services not relating to towing (evidence storage, fork lift for evidence moving/vehicle storage/inspection in PD underground). Very community oriented; provides crash vehicles for FD extraction training, has developed program to allow unclaimed vehicles to be donated for charity (YES). person conducting inspection: Bishop 11 2 TOW RFP INSPECTION Prospective Contractor Movnahan's Towing, 3200 NCB, 2/8/061530 B Business license X Current in jurisdiction 2 24 hour phone contact X Pager/cell/office staff, phone answered by office staff 24 hrs. 2 24 hour office staff for release X Office at yard (open minimally 0800-1800), only bidder cur. open 8-6 X Access to vehicle by R/O 24 hours x Pee sch d 1 X X X X X X X X X X X X X X X X X e u e posted in office, all fees posted for police and private Accept credit card and cash Cash on hand for change Procedure in place to post reconciliations, current vendor, posts 2X per month Invoices itemized with all charges Tow truck requirements 3 w/ dual rear wheels and GVWR in excess of 14,500 lbs., 9 trucks 1 sub -garage vehicle Truck equipment 2 way radio 80001b. Capacity Dollies on each vehicle CHP inspection certificate for each vehicle Lot requirements Within ten miles of City boundary, within city limits 1 mile from PD Minimally 10,000 square feet, clean crushed rock Enclosed, stucco cement/wrought iron fence Alarmed, CCTV with staff on site 24 hrs Lighting: flood lights, well lit Drainage: no standing water Secured evidence storage, 2 covered cages and 1 inside garage area Paved examination area, 1 indoor and paved area outside comments: only bidder within city limits, has been PD tow contractor since 1968, contracts with CHP and IBSO, excellent reputation for being on time person conducting inspection: Bishop �\3 TOW RFP INSPECTION Prospective Contractor Rancho Del Oro, 9063 Airway SD/1167 W. Palm EC, 2/8-9/061015/0930 Business license, business office in Del Mar, serves prim. N and E county X Current in jurisdiction, closest lots in Otay and El Cajon 24 hour phone contact X Pager/cell/office staff, staffs own dispatch center 24 hours 24 hour office staff for release O Office at yard (open minimally 0800-1800), currently 8-5 O Access to vehicle by R/O 24 hours, driver dispatched after hours O Fee schedule posted in office, at Otay minimal fees posted daily only, EC was OK X Accept credit card and cash X Cash on hand for change O Procedure in place to post reconciliations, currently does CHP, does not coll. fees Invoices itemized with all charges Tow truck requirements -- 3 w/ dual rear wheels and GVWR in excess of 14,500 lbs., 1-2 at Otay, more w/in one hour O 1 sub -garage vehicle, F-450 w/ dollies Truck equipment X 2 way radio X 80001b. capacity X Dollies on each vehicle X CHP inspection certificate for each vehicle Lot requirements O Within ten miles of City boundary, Otay 16.5 miles from PD, EC 15.9 miles X Minimally 10,000 square feet, Otay crush rock/dusty, EC paved X Enclosed, Otay adjacent to large private lot, heavy ped. trf., hi fence w/ razorwire X Alarmed, CCTV with web access O Lighting: flood lights, Otay minimal, EC was OK X Drainage: no standing water, Otay had prob. may again w/ rain, EC was good -- Secured evidence storage, none promise to build immed. if award. contract -- Paved examination area, same as above comments: both lots are a considerable distance from PD, EC had no nearby parking during normal hours, Otay has heavy traffic and is very dusty, not condusive to evidence storage, neither lot has secured evidence storage area, Otay lot is lust north of border crossing and not easy to locate, EC is not viable due to traffic patterns person conducting inspection: Bishop TOW RFP INSPECTION Prospective Contractor Road One, 3333 National Ave. SD, 2/8/06 1430 B Business license X Current in jurisdiction 2 24 hour phone contact X Pager/cell/office staff, staff own dispatch center 2 24 hour office staff for release O Office at yard (open minimally 0800-1800) currently 8-5 M-F, 10-3 Sat. X Access to vehicle by R/O 24 hours, driver dispatched after hours -- Fee schedule posted in office, no fees currently posted at yard office X Accept credit card and cash X Cash on hand for change X Procedure in place to post reconciliations, current vendor post 2X per month I Invoices itemized withall charges T Tow truck requirements X 3 w/ dual rear wheels and GVWR in excess of 14,500 lbs. X 1 sub -garage vehicle T Truck equipment X 2 way radio, Nextel and pager as well X 80001b. capacity X Dollies on each vehicle X CHP inspection certificate for each vehicle L Lot requirements X Within ten miles of City boundary, yard 3.2 miles from PD X Minimally 10,000 square feet, large (very full) crushed rock yard X Enclosed, 8' fence with concertina X Alarmed, CCTV with 24 hr. retrieval, motion sensor, for lot and bldg. X Lighting: flood lights, 6+ X Drainage: no standing water X Secured evidence storage, interior garage cages X Paved examination area, inside garage area comments: current tow contractor, meets criteria in RFP with exception of posted office hours and posted tow fees, has developed a reputation for routine lateness for police tows person conducting inspection: Bishop 3 \ 5 TOW RFP INSPECTION Prospective Contractor Western Towing, 1187 Walnut CV, 2/8/06 1150 X X 0 0 X X X X X 0 0 X X X X X X X X X X X Business license Current in jurisdiction, large contractor, main office on Pac. Highway SD 24 hour phone contact, own dispatch center Pager/cell/office staff, office staff "too busy" to assist/answer questions 24 hour office staff for release Office at yard (open minimally 0800-1800), currently 8-5 Access to vehicle by R/O 24 hours, by appoint only after hours w/ driver Fee schedule posted in office, many contracts, all fees posted Accept credit card and cash Cash on hand for change Procedure in place to post reconciliations, currently does 30 day holds for others Invoices itemized with all charges Tow truck requirements 3 w/ dual rear wheels and GVWR in excess of 14,500 lbs. Unk. How many at this lot other trucks avail. w/in short wait 1 sub -garage vehicle, several avail. but may require delayed resp. time Truck equipment 2 way radio, Nextel 80001b. capacity Dollies on each vehicle CHP inspection certificate for each vehicle Lot requirements Within ten miles of City boundary, 5.8 miles from PD Minimally 10,000 square feet, small crowded lot, has nearby overflow lot Enclosed, tall fences block/chain link Alarmed, office and garage only, CCTV Lighting: flood lights Drainage: no standing water Secured evidence storage, garage can hold 3 cars, no physical separation inside Paved examination area, inside or on pad, crushed rock lot comments: may have limited number of trucks on hand at this lot, however can dispatch w/in 20 minutes from other areas if necessary, can offer "collision wrap" for evidence vehicles held for lengthy periods, has tow contracts with CHP, SDPD, SDSO, INS, office/lot manager would not make himself available to answer questions or assist with lot inspection person conducting inspection: Bishop PURCHASING TOWING CONTRACT PRICE COMPARISONS 2/20/2006 FINAL** Movn. JC Road 1 Western RdelOro Amer., Cortes 1341 FF6ESCHEDULE BASIC TOWING. Includes First Hour Hookup, Labor, Standby Time, for vehicles Under 9,500 GVW (unloaded). $135 $135 $150 $130 $50 $145 $125 $150, MEDIUM SIZE - BASIC TOWING. Includes first hour hookup, labor, standby time, for vehicles over 9,500 GVW but less than 22,000 $150 $150 $180 $150 $140 $50 $185 $125 $180 LARGE SIZE - BASIC TOWING. includes first hour hookup, labor, standby time, for vehicles over 22,000 GVW (unloaded $200 $200 $210 $180 $150 $50 $250 $100 $210 ON -SCENE or Stand-by labor = each 15-minute increment, beyond first hour. Is charged only when extra ordinary labor must be expended to recover a vehicle. Stand-by is charged when the job cannot be started and must be explained on the tow bill. $35 $40 $25/ qtr hr $15 $20 ?? $20 $30 $25 DOLLIES. Will only be used when there is not a less expensive, safe manner of handling the situation. $50 $50 $50 $40 $45 ?? $50 $40 $50 DRY RUN. May also be known as a "hook-up — drop fee" and is charged when the vehicle is hooked up and the owner returns before the vehicle is in transit. $60 $50 $70 $60 $65 NC?? $25 $70 $70 PER MILE TOWING. Applies only to vehicles recovered outside the jurisdiction of the city of National City $5 $4 $5 $4 $3 ?? $5 after 5 mi $5 v5 MAXIMUM STORAGE - PER DAY. Per day is defined as a 24-hour period. $35 $35 $20 $20 $20 $20 $20 $20 $20 STORAGE PER HOUR. Up to maximum of $35.00 per day. $5 ?? $5 $5 $5 ?? $5 $10 first hr, $1/hr after $5 AFTER HOURS VEHICLE RELEASE. After 6PM and before 8AM including weekends and all holidays. $50 $65 $40 $40 $65 NC?? $73 $75 $40 NOTIFICATION OF LIEN SALE. Vehicle valued at less than $4.000, (22851.12 CVC). $70 $70 $70 $70 $70 35?? $35 $50 $70 NOTIFICATION OF LIEN SALE. Vehicle valued at over $4,000. (22851.12 CVC). $100 $100 $100 $100 $100 $50 $70 $100 $100 POLICE EQUIPMENT TOWING. Inside jurisdictional limits of National City NC NC NC NC NC ?? NC NC NC CITY EQUIPMENT TOWING. Includes all City vehicles. Also includes police vehicles towed from outside juridictional limits of National City $50 $65 ?? $50 $50 plus storage ?? $45-$200 $50 ?? NEGLIGENT VEHICLE IMPOUND RELEASE FEE $55 $55 $53 $55 $55 $150 ?? $55 $53 SERIOUS TRAFFIC OFFENDER PROGRAM FEE $150 $150 $150 $150 $150 $150 ?? $150 $150 **FINAL: Final negotiated rates to which both recommended vendors agreed. Contracts with both vendors will charge the same rates Purchasing BID ANALYSIS / VENDOR RANKING 2/20/2006 Final Vendor Location Ranking 1 Moynahan Towing National City 1 2 JC Towing Chula Vista 2 3 Road One Towing San Diego 3 4 Western Towing San Diego 4 5 Rancho del Oro Co. Del Mar 5 6 American Towing Chula Vista 6 7 Cortes Towing San Diego 7 8 Bradley Towing San Diego 8 9 R & S Towing Lemon Grove Returned 10 Brother's Towing National City No Bid 11 Allied Gardens Towing San Diego No Response 12 Associated Towing San Diego No Response 13 C & D Towing La Mesa No Response 14 Sunset Towing National City No Response 15 Two -Bit Towing Chula Vista No Response 31 AGREEMENT BY AND BETWEEN CITY OF NATIONAL CITY AND JC TOWING, INC. FOR TOWING AND IMPOUND SERVICES FOR THE PERIOD OF APRIL 1, 2006 TO MARCH 31, 2009 TABLE OF CONTENTS Title & Section Page Number "Towing Agreement" 7 Recitals .. 7 1.0 DEFINITION OF TERMS 1.1 Police Tow 8 1.2 Police Referral Tow 8 1.3 On Demand Tow 8 1.4 Secondary Tow 8 1.5 Collision Tow 8 1.6 Response Time ... 8 1.7 Contract Year 9 1.8 Fee Schedule 9 1.9 Referral Fee 9 1.10 Negligent Vehicle Impound Release Fee 9 1.11 STOP Fee 9 1.12 30 Day Impound Fee 9 2.0 ADMINISTRATION and MANAGEMENT of AGREEMENT 2.1 Agreement Approval 10 2.2 Entire Agreement ... 10 2.3 Administration of Contract 10 2.4 Cooperation and Consultation ... 11 2.5 Compliance with Applicable Law 11 2.6 Licenses, Permits, Etc 11 2.7 Disputes 11 2.8 Mediation / Arbitration 12 2 2.9 Legal Fees 12 2.10 Indemnification and Hold Harmless 12 2.11 Business Records (10650 CVC et seg.) 13 2.12 Prohibition Against Use of Privileged Information 13 2.13 Independent Contractor 13 2.14 Assignment 13 2.15 Workers' Compensation ... 14 2.16 Non -Discrimination Provision ... 14 2.17 Conflict of Interest and Political Reform Act Obligations .. 14 2.18 Termination of Agreement 15 2.19 Charges and Fees 15 2.20 Inspection .. 15 2.21 Notice of Termination 15 3.0 TERMS of AGREEMENT, OPTIONS, RENEW and RE -OPENERS 3.1 Duration 16 3.2 Relevant Dates 16 3.3 Option to Renew 16 3.4 Re -Opener Clause - Referral Fee 17 3.5 Re -Opener Clause - Fee Schedule 17 3.6 Re -Opener Clause - 30 Day Impound Fee (STOP) 17 4.0 RESPONSE TIME, EXCEPTIONS and PENALTY ASSESSMENT 4.1 Response Time 17 4.2 Response Time Computation ... 18 4.3 Response Time - Penalty 18 4.4 Response Time - Penalty Assessment 18 5.0 ON -CALL CONTRATOR and CONTRACTOR ROTATION SCHEDULE 5.1 Contractor On -Call & Rotation .. 19 6.0 GENERAL DUTIES, REQUIREMENTS and OBLIGATIONS 6.1 Business License 19 6.2 Contractor Availability - Response to Service Requests 19 6.3 Contractor Towing Forfeited Vehicles 20 6.4 Contractor Availability - Vehicle Release 20 6.5 Business Office 20 6.6 Business Office Hours 20 6.7 Contractor's Employees 21 6.8 Signs 21 6.9 Method of Payment - Towing or Storage Charges (22651.1 CVC) 21 6.10 Storage of Vehicles; City, Seized, Evidentiary 22 6.11 Removal from Private Property 22 6.12 Notice to City - Private Property Impounds 22 6.13 Gratuities (12110 CVC) 22 6.14 Tow Truck Driver - On Scene Duties . 23 6.15 Access to Stored Vehicles 23 6.16 Access to Stored Vehicle - Removal of Private Property 23 6.17 Access to Evidentiary Vehicles . 24 6.18 Invoices • • • 24 6.19 Vehicle Impound Control Card (PD form 250) 24 6.20 Proceeds from Lien Sale 24 7.0 FEES 7.1 Fee Schedule 25 7.2 Secondary Tow Fees 26 7.3 City Vehicle Tow Fees 26 4 7.4 Fees - Police Department Errors and Omissions 26 7.5 Referral Fee 26 7.6 Referral Fee - Due Date 27 7.7 Referral Fee - Late Fee 27 7.8 Referral Fee - Payments 27 7.9 Negligent Vehicle Impound Release (NVIR) Fee 28 7.10 NVIR Fee 28 7.11 NVIR Fee - Payment Due Date 28 7.12 NVIR Fee - Payments 28 7.13 NVIR Payment - Late Fee 29 7.14 Serious Traffic Offender Program (STOP) Impound Fee 29- 7.15 STOP Impound Fees - Due Date 29; 7.16 STOP Fee - Payment 29 7.17 STOP Fee - Late Fee 30_ 7.18 STOP; 30-Day Vehicle Impound Fees 30 7.19 30-Day Impound Fees - Due Date and Payment 30 8.0 VEHICLE RELEASE 8.1 General Rule - Vehicle Release 30 8.2 Exceptions to General Rule 30 8.3 Hit & Run Investigations - Mandatory Release (22655(b) CVC) 31 8.4 Questions, Problems, or Controversy Associated with Vehicle Release 31 8.5 Expert Training - DMV Document Identification 31 9.0 MINIMUM TRUCK EQUIPMENT and STORAGE LOT REQUIREMENTS 9.1 Minimum Tow Truck Requirements 31 9.2 Minimum Tow Truck Equipment Requirements 32 9.3 Tow Truck Identification 33 9.4 Tow Truck Lighting Equipment 33 5 9.5 California Highway Patrol Inspection Certification . 33 9.6 Tow Truck Maintenance 33 9.7 Storage Lot, Minimum Requirements 33 9.8 Minimum Lighting Requirements - Storage Lot 34 9.9 Vehicle Examination Area 35 9.10 Secure Area - Evidentiary Vehicles 35 10.0 INSURANCE REQUIREMENTS 10.1 Minimum Insurance Requirements 35 10.2 Primary Insurance 36 10.3 Claims Made vs. Occurrence Form 36 10.4 Aggregate Insurance Limits 36 10.5 Insurance Company 36 10.6 Insurance Certification Requirement 36 10.7 Insurance Requirement - Extension Option 37 10.8 Limitations of Liabilities and Obligations 37 10.9 Sub -Contractor Insurance Requirement 37 11.0 CONSTRUCTION of AGREEMENT 37 ATTACHMENT A Towing Fee Schedule 38, 39 ATTACHMENT B NVIR Fee - Applicable CVC & NCMC Sections 40, 41 ATTACHMENT C STOP Fee - Applicable CVC Sections 42 "TOWING AGREEMENT" This Agreement is made and entered into in the City of National City, State of California, on this 7th day of March, in the year 2006, by and between the City of National City, a municipal corporation, herein after referred to as "City", and JC Towing, Inc., herein after referred to as "Contractor." RECITALS • Whereas, the City of National City Police Department requires professional towing and impound services to maintain the safety of the public right-of-way and to seize and secure vehicles in accordance with the laws of the State of California and the Municipal Code, ordinances and regulations of the City of National City; and: Whereas, the City Council, City of National City has adopted policies and procedures for the selection and designation of professional towing contractors to provide towing, impound and storage service upon the request of the National City Police Department. • Whereas, JC Towing, Inc. has a history of satisfactory service and has participated in a competitive process, and together with another towing contractor has been found to have the best qualifications and capability of providing the highest quality, professional towing services for the City of National City; and • Whereas, the City of National City desires to have Contractors perform exclusive towing service within the City of National City and Contractor represents and warrants they are experienced and staffed in a manner such that they are capable and prepared to deliver the services required by the City of National City within the time frames herein provided, all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, BE IT RESOLVED that the City of National City and JC Towing, Inc. do hereby mutually assent to the terms and conditions as follows: 7 1.0 DEFINITION OF TERMS 1.1 Police Tow shall mean the towing of vehicles at the direction of The National City Police Department where the consent of the owner or operator of the vehicle is not required under existing law. This shall include but is not limited to the towing of motor vehicles that are illegally parked, abandoned, evidence in a criminal investigation, disabled due to collision or mechanical failure or otherwise subject to the authority of the National City Police Department. 1.2 Police Referral Tow shall mean the towing of a vehicle by the National City Police Department, at the request of the vehicle owner or operator. Examples include mechanically disabled vehicles, vehicles disabled as a result of collision, or any other circumstances where the public right-of-way is impacted. 1.3 On -Demand Tow means the towing of a vehicle by a specific Contractor that has been requested by the vehicle owner or operator without police involvement. On -Demand tows may include owners or agents of private property landholders who arrange for vehicle towing service from private property without police involvement. If the police department becomes involved in arranging for tow service the matter is considered a Referral Tow. On -Demand Tows are considered independent services outside the scope of this Agreement. 1.4 Secondary Tow is defined as the impound of a vehicle on orders of police under the authority of California Vehicle Code § 22655 or 22655.5 and the vehicle is brought to the National City Police Department for evidence processing. The secondary tow occurs when the police direct the original Contractor to retrieve and store the vehicle on Contractor's property. 1.5 Collision Tow The owner or operator of a vehicle involved in a non -criminal traffic collision may select a tow company of their own choosing. However, if in the opinion of the investigating police officer an unreasonable delay would result, or unnecessary delay would negatively impact access to the public right-of-way, the investigating officer may consider the matter a "Police Tow" and cause the removal of the vehicle. If the vehicle is towed on orders of the investigating officer, the officer shall complete the Vehicle Impound Control Card citing 22500 CVC as the authority for impound. No special hold or police authorized release is necessary. 1.6 Response Time is defined as the elapsed time between the relaying of the tow service request by a Police Department Employee to the Contractor and the arrival of the specific tow truck type requested to fulfill the tow need on scene. (For example: NCPD Dispatch phones in a request for a low profile truck to tow an evidence hold vehicle to the underground parking lot of NCPD. The response of a NON low profile tow truck which cannot accommodate towing the vehicle into the underground parking lot of the National City Police Department does not qualify as fulfilling the Response Time requirement.) NCPD does not have a group of employees that have a singular function of requesting tow service and would be called a "tow dispatch center." Under normal circumstances the tow company will be called by the NCPD "Dispatch Center." The NCPD "Dispatch Center" is the Police Department's multifunction emergency and non -emergency telephone/radio operators. Under most situations a call for field service will be relayed by the Police dispatchers via telephone to the tow contractors. However, there is a need to allow for direct requests to the tow contractor by any NCPD employee. This may be done by phone or in person to either the tow 8 company's dispatcher or to a tow truck driver that is already on the scene of an NCPD requested tow, wherein there is a need for additional services. (An example of this would include times where a collision occurred and originally an officer makes a request for one two truck. Upon arrival it is determined that another tow truck will be needed and the officer makes the request to the driver on the scene to obtain the services of another truck. The driver calls in the request and the officer advises NCPD dispatch that he/she has made the request and an appropriate CAD entry is made.) 1.7 Contract Year is defined as any one year, 365 day period during the term of .this agreement. The first contract year begins on April 1, 2006 and ends on March 31, 2007. The second contract year begins on April 1, 2007 and ends on March 31, 2008. The third contract year. begins on April 1, 2008 and ends on March 31, 2009. There are three (3) successive years in this contract. 1.8 Fee Schedule is defined as the fees charged by Contractor to the owner, operator, or agent of the subject vehicle for various services charged by Contractor. The fee schedule is approved and authorized by a majority vote of the City of National City, City Council. The fee schedule includes itemized charges for numerous towing and storage services including but not limited to hook up fees, dolly fees, daily storage fees, after -hour release fees, etc. The Fee Schedule is identified and located at Attachment A of this document. 1.9 Referral Fee is authorized by California Vehicle Code § 12110(b) and is defined as a quarterly fee charged to Contractor by City for the right to provide towing, impound and storage services for City. The Referral Fee is designed to offset actual and reasonable costs incurred by the police department to process and administer towing services. The Referral Fee may be adjusted throughout the term of this Agreement, consistent with Section 3.4, Re -Opener Clause — Referral Fee. 1.10 Negligent Vehicle Impound Release Fee is authorized by the City Council. The Negligent Vehicle Impound Release Fee is defined as a fee charged to the owner, operator or agent of a vehicle that violated certain, specified sections of the California Vehicle Code or National City Municipal Code. The NVIR fee is currently established at fifty-five ($55) dollars. The NVIR fee may be adjusted during the term of the agreement at the discretion of the City Council. This fee is collected by Contractor on behalf of City. 1.11 S.T.O.P Fee The Serious Traffic Offender Program targets the unlicensed driver and provides for a 30-day impound of vehicles. A fee, designed to off set the administrative costs of the program is authorized by the City Council under the authority of California Vehicle Code § 22850.5. The fee is currently set at one hundred fifty ($150) dollars. The STOP fee may be adjusted during the term of this agreement at the discretion of the City Council. This fee is charged to the vehicle owner, operator or agent and is collected by Contractor on behalf of City 1.12 30-Day Impound Fee is defined as a percentage fee paid to City by Contractor, when a Serious Traffic Offender Program vehicle is held for 30-day storage. This fee is not applicable when City releases a vehicle prior to the full 30-day period. Nothing in this section is intended to prevent or preclude the early release of a 30-day hold STOP vehicle if extraordinary circumstances warrant. The Impound Fee will remain at 15% of the amount collected for storage on released vehicles. This is unchanged from the previous contract. 9 2.0 ADMINISTRATION and MANAGEMENT of AGREEMENT 2.1 Agreement Approval Any Agreement to provide towing services is subject to a substantive city administration review process. Such review process shall include but is not limited to review by the Chief of Police, City Attorney, Human Resources Director, Risk Manager, Finance Director and City Manager. No Agreement for towing service shall become effective until the City Council, City of National City, has reviewed and approved the Agreement. 2.2 Entire Agreement This Agreement supersedes any prior agreements, documents, negotiations and communications, oral or written, and contains the entire Agreement between the parties as to towing and impound services. 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. 2.3 Administration of Contract Each party designates the below individuals as the "Contract Administrator" for the party. The Contract Administrator is authorized by the party to represent the party in the administration of this agreement. The Contract Administrator shall monitor the progress and execution of this Agreement. The Contract Administrator may delegate duties and responsibilities to subordinates to insure functional management, supervision and operation of this Agreement. Contract Administrator For The City of National City Dr. Adolfo Gonzales Chief of Police National City Police Department 1200 National City Blvd National City, CA. 91950 (619) 336-4511 Management and Operations Neighborhood Policing Team I Lieutenant National City Police Department 1200 National City Blvd National City, CA 91950 (619) 336-4400 10 Inspection & Operational Supervision Traffic Division Sergeant National City Police Department 1200 National City Blvd National City, CA 91950 (619)336-4420 Contract Administrator for JC Towing. Inc. Owner: G. John Clark, III 2501 Faivre Street, Chula Vista, CA 91911 Ph: (619)429-1492 2.4 Cooperation and Consultation The City and Contractor shall regularly consult during the term of this Agreement in order to achieve the objectives of this Agreement. Throughout the term of this Agreement, the City and Contractor shall permit mutual access to its offices, facilities, files and records relating to the operation and management of this agreement. Upon request of the City the Contractor shall provide copies of files, materials or records relating to the towing, impound, and disposition of any vehicle towed as a result of this agreement. Upon request, the City shall provide the Contractor with any annual report or management report relating to the towing and impound of vehicles towed as a result of this Agreement. Access to police files, records or materials does not include unrelated records, communications between City and the police department, any record which may infringe upon the privacy rights of any individual, or any file, record, or investigation determined by the police department to be privileged or confidential. 2.5 Compliance with Applicable Law The Contractor in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted: 2.6 Licenses, Permits, Etc. Contractor represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The Contractor represents and covenants that the Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this agreement, any license, permit, insurance or approval which is legally required for the Contractor to practice its profession. 2.7 Disputes Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under any term of this Agreement which is not disposed of by this Agreement shall be decided by the Chief of Police who will furnish the decision to the Contractor in writing. Contractor shall proceed diligently with performance of this Agreement pending receipt of the decision of the 11 Chief of Police. The decision of the Chief of Police is final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, arbitrary, capricious or so grossly erroneous as to necessarily imply bad faith. The "Disputes" clause does not and is not intended to preclude consideration of legal questions in connection with decisions provided in the above paragraph. Nothing in this Agreement shall be construed as making final the decision of any administrative official, representative, or council on a question of law. 2.8 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 County, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The cost 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 County, 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 cost 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. 2.9 Legal Fees If any party brings a suit or action against the other party arising from any alleged 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 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 attorneys' fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorneys' fees to the prevailing party if other than the City shall, in addition, are limited to the amount of attorneys' fees incurred by the City in its prosecution or defense of the action, irrespective of the actual amount of attorneys' fees incurred by the prevailing party. 2.10 Indemnification and Hold Harmless The Contractor agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damage, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the Contractor's performance of this Agreement. 12 2.11 Business Records (10650 CVC et seq.) Contractor shall maintain and retain data and records of all tow services furnished, including description of vehicles, nature of service, date, time of notification by City, time of tow truck dispatch, time of arrival of tow truck at scene, location of calls, total itemized charges of towing and storage, and the description of all vehicles towed and/or stored at the initiation of the City. If the vehicle is sold at lien -sale, data shall be maintained documenting all liens against the vehicle, monies received as a result of the sale, identification of the purchaser, and the amount of monies forwarded to City and state. All such data and original towing and storage records shall be maintained in an accessible location. The Contractor shall make available and permit the City without notice during normal business hours to audit, examine and make excerpts, copies, or transcripts of all data and'records with respect to the towing and storage of vehicles initiated by the City. If Contractor employs, assigns or contracts with a third -party vendor to manage or process the DMV required processing regarding lien sale vehicles, Contractor shall make available all relevant records, data or documents regarding lien sales. Contractor shall waive any privacy rights in order to permit City to inspect, review and copy any relevant record in possession of a third -party vendor. 2.12 Prohibition Against Use of Privileged Information Contractor shall not use for personal gain, transmit or disclose any privileged or confidential information that is acquired from or obtained as a result of information gathered from the management or operation of this agreement. For the purpose of this section, "Privileged or Confidential Information" shall include City or police department records unrelated to towing and storage of vehicles, DMV information, or Criminal History information. 2.13 Independent Contractor Contractor shall for all purposes arising out of this Agreement, be an independent Contractor. Contractor and employees of Contractor shall not be deemed employees or agents of City. It is expressly understood and agreed that the Contractor and its employees shall in no event, as a result of this Agreement, be entitled to any benefit to which City employees are entitled, including but not limited to overtime, retirement benefits, workers' compensation benefits, injury leave, medical leave, unemployment or any other leave benefits. 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, and 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. 2.14 Assignment 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 l3 the Contractor without the prior written consent of the City. Nothing herein contained is intended to prevent the Contractor from employing or hiring as many employees, or subcontractors, as the Contractor may deem necessary for the proper and efficient performance of this Agreement. All agreements by Contractor with its subcontractors(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 2.15 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 attorneys' 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. 2.16 Non -Discrimination Provision 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. 2.17 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 interest's 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 direct or indirect financial interest as defined in Government Code Section 87103. The Contractor represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the City. Contractor further warrants and represents that Contractor will immediately advise the City Attorney if Contractor learns of an economic interest of Contractor's that may result in a conflict of interest for the purposes of the Political Reform Act, and regulations promulgated thereunder. 14 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 section by the Contractor. 2.18 Termination of Agreement This Agreement may 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. Termination for cause shall be effected by delivery of written Notice of Termination to the Contractor as provided for in Section 2.21. In the event of termination, all finished or unfinished memoranda, reports, 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. 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 or change in business status of the Contractor. 2.19 Charges and Fees Contractor is authorized and responsible for the collection of all applicable towing and storage charges, and any fee authorized or required by City to defray costs to City for the management and operation of this agreement, prior to releasing a vehicle. 2.20 Inspection City shall require no less than an annual inspection of Contractor to insure conformance and compliance with the provisions of the California Vehicle Code and this agreement. Responsibility for said inspection rests with the National City Police Department Traffic Division Sergeant and/or designee. Said inspections shall be conducted during normal business hours. Upon completion of inspection the Traffic Division Sergeant shall submit a written report to the Contract Administrators. 2.21 Notice of Termination 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 of 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 15 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 telex, telecopy, facsimile or fax, when sent. Any notices, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Contract Administrator For The City of National City Dr. Adolfo Gonzales Chief of Police National City Police Department 1200 National City Blvd National City, CA. 91950 (619)336-4511 To the CONTRACTOR: JC Towing, Inc. G. John Clark, III 2501 Faivre Street, Chula Vista, CA 91911 (619)429-1492 3.0 TERM OF AGREEMENT, OPTIONS, and RE -OPENERS 3.1 Duration The duration of this Agreement shall be three (3) successive years with an option for extension. 3.2 Relevant Dates This Agreement begins at 0000 hours on April 1, 2006 and terminates at 2400 hours on March 31, 2009. 3.3 Option to Renew The City of National City reserves the option to renew the contract for up to four (4) six (6) month periods under the terms and conditions herein stated beginning on the anniversary of the commencement of service. The renewal is contingent on a mutual agreement between the City and the Contractor with such agreement to be confirmed by the Contract Administrator within sixty (60) days prior to the expiration of the contract period. The City of National City or the Contractor may decline to confirm the renewal of the contract for any reason whatsoever, which shall render the renewal option null and void. The City's initial letter informing the Contractor of the City's exercise of its option to renew the contract does not constitute an award of the option period. Any option acceptance must be confirmed by the City of National City in writing, before it becomes valid. 16 The City will not grant an option, if the Contractor requests an increase which exceeds the average percentage variant for the previous twelve (12) months in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the National City area as published by the Bureau of Labor Statistics, or five percent (5%) whichever is less. If a price increase is requested, the Contractor must provide detailed supporting documentation to justify the requested increase. The City will evaluate the requested increase, and the City reserves the right to accept or reject. 3.4 Re -Opener Clause - Referral Fee The purpose of the Referral Fee Re -Opener Clause is to verify data to demonstrate the appropriateness of the Referral Fee. After the first twelve consecutive month period- of this agreement, City shall review all tow data and develop accurate records to determine.the actual number of Police and Referral Tows in the preceding twelve-month period. The Referral Fees may be adjusted up or down based upon the number of vehicles referred to the Contractor as determined by City. If appropriate, City shall consider implementing a per vehicle referral fee to offset costs incurred by the police department in processing and administering towing services. City shall also compare and consider referral fees charged'by other law enforcement jurisdictions in San Diego County for towing services. 3.5 Re -Opener Clause - Fee Schedule The purpose of the Fee Schedule Re -Opener Clause is to provide the Contractor the ability to adjust the fee schedule consistent with the community standard for police towing in San Diego County. After the first twelve consecutive month period of this contract, the Contractor may submit a request for increase in fee schedule to the Chief of Police. The request shall include a comparison of relevant fees in each law enforcement jurisdiction in San Diego County. City shall assist and consult with Contractor to provide Contractor with accurate data. The Chief of Police shall make appropriate comments, recommendations and submit the material for City Council consideration. 3.6 Re -Opener Clause - 30-Day Impound Fee (STOP) The purpose of the Re -Opener Clause, 30-Day Impound Fee is to verify data to demonstrate the appropriateness of the 30-Day Impound Fee. After the first twelve consecutive month period of this Agreement, City shall review all tow data and develop accurate records to determine the actual number of STOP vehicles held for a 30 day period versus the number of STOP vehicles not held for the 30 day period, in the preceding twelve month period. The percentage 30-day impound fee may be adjusted up or down based upon the data. 4.0 RESPONSE TIME, EXCEPTIONS and PENALTY ASSESSMENT 4.11 Response Time Response time is defined as the elapsed time between the relaying of the tow service request by a Police Department Employee to the Contractor and the arrival of the specific tow truck type requested to fulfill the tow need on scene. (For example: NCPD Dispatch phones in a request for a low profile truck to tow an evidence hold vehicle to the underground parking lot of NCPD, The response of a NON low profile tow truck which cannot accommodate towing the vehicle 17 into the underground parking lot of NCPD does not qualify as fulfilling the Response Time requirement.) The Response Time for Towing Service shall not exceed twenty (20) minutes for tows inside the jurisdictional limits of City. Due to the limited number of out of jurisdiction towing service requests, response times shall be evaluated on an individual basis for towing service requests outside of the jurisdictional limits of City. Complaints or irregularities involving out of jurisdiction towing requests shall be managed between the Contract Administrators. Response Time is defined as the elapsed time between the relaying of the tow service .request to the Contractor and the arrival of the tow truck on scene. The Contractor is expected to dispatch any available tow truck immediately upon receipt of a towing request. The Contractor is expected to notify the National City Police Communications Center when the response time requirement cannot be met. The Police Communications Dispatcher or the officer at the scene will have the discretion to cancel the tow if the response time cannot or is not met and re -dispatch to a Secondary tow Contractor, at no cost to City. "Secondary tow Contractor" refers to the next tow company in rotation. 4.2 Response Time Computation Response time is computed from the time the police dispatcher enters the request for a tow into the dispatch CAD system and the Contractor arrives on scene. The on -scene investigating officer shall notify dispatch of the tow truck arrival. The police department computer aided dispatch system shall be the final resolution of any actual time dispute regarding response times. Any failure to record relevant times by the on -duty dispatcher shall not be considered in any penalty assessment. 4.3 Response Time - Penalty Failure to arrive at the requested location within the prescribed response time may result in cancellation of the service request. The alternate Contractor may be notified. 4.4 Response Time - Penalty Assessment Contractor shall pay a five hundred dollar ($500.00) penalty, if more than five percent (5%) of the tows in any calendar month period exceed the maximum response time requirement per any single request by the City for emergency towing services. Failure to meet Response Time requirements may result in termination of this contract. 18 .5.0 ON -CALL CONTRACTOR and CONTRACTOR ROTATION SCHEDULE 5.1 Contractor On -Call & Rotation The contractor on -call rotation shall run weekly, beginning at 0000 hours on Sunday, through the following Saturday. The Traffic Division Sergeant will do the selection for the on call rotation at the beginning of each contract year. The Traffic Division Sergeant will select the contractor rotation by an impartial means agreeable to contractors involved. Should all contractors not meet an agreement as to means the Traffic Division Sergeant will make the selection, the means will be directed by the Chief of Police and the Chiefs decision will be final. Any contractor selected as the first in the rotation schedule at the beginning of a contract year will begin the first day of the contract year (whatever day of the week the contract year begins) and end that rotation on the following Sunday as to establish the Sunday through Saturday rotation cycle. It is understood that the number of contractors selected divided into the number of weeks per year may not result in each contractor having the same number of overall tow days per year. In the event this Agreement is extended pursuant to section 3.3 Option for Renewal, the schedule will continue to rotate as reflected. 6.0 GENERAL DUTIES, REQUIREMENTS and OBLIGATIONS 6.1 Business License Contractor shall at all times during the term of this Agreement retain a valid City Business License in compliance with National City Municipal Code § 6.04 Et seq. Contractor businesses and storage lots located within the jurisdictional limits of the City of National City must conform to all City of National City building ordinances, zoning regulations, land use requirements and must have the approval of the City Planning Department. Contractor businesses and storage lots located outside the jurisdictional limits of the City of National City must conform to all City (if located within an incorporated City) or County (if located within an unincorporated County area) building ordinances, zoning regulations, land use requirements within the jurisdiction of location. 6.2 Contractor Availability - Response to Service Requests Contractor shall be available to promptly respond twenty-four (24) hours a day, seven (7) days a week including all holidays, consistent with the On -Call and Rotation Schedule, for all requests initiated by City for towing services. Upon award of contract Tow Contractors shall operate a dispatching system. The Tow dispatching system shall be sufficiently staffed and equipped to accept all telephone calls, without delay, twenty-four (24) hours a day, seven (7) days a week. Delay is defined as the 19 City or the public receiving no answer after six (6) rings or busy signal to their telephone call. Tow Contractors using paging systems are required to respond to a page within five (5) minutes of the initial page by the City. The City does not currently have plans for adding automated tow dispatching to the existing NCPD dispatch system. Therefore the City is not requiring any contractor to purchase equipment to be used to integrate into an automated tow dispatching system. It will be up to the contractor to ensure they are able to meet the response time requirements of the contract by whatever means they deem appropriate. Since there are no current plans to add automated tow dispatching to the existing NCPD dispatch system there are no minimum requirements established for such a system upgrade at this time. 6.3 Contractor Towing Forfeited Vehicles The Contractor shall tow all forfeited vehicles, as ordered by the City. The Contractor shall not drive the forfeited vehicles except to move them within the storage facility. Use of vehicles for personal use is strictly prohibited. In the event it is found that a towed vehicle is subject to forfeiture the City shall arrange for the vehicle to be picked up from the Contractor's storage facility and the Contractor shall invoice the National City Police Department, Serious Traffic Offenders Team (STOP) for all towing and storage fees. 6.4 Contractor Availability - Vehicle Release Contractor shall be available to release vehicles to their owners, agents or authorized representatives, twenty-four (24) hours a day, seven (7) days a week including all holidays. 6.5 Business Office Contractor shall maintain a functional business office within the location of the yard used to store police initiated tows. 6.6 Business Office Hours Contractor shall adequately staff their business office in order to remain open and available to meet the public during the normal business office hours. The business office of the Contractor shall be located within the storage yard for which a towed vehicle is located and be open to serve the public and the City from 0800 to 1800 hours, Monday through Friday, except for City observed holidays. City observed holidays are: New Years Day, Dr. Martin Luther King Jr.'s Birthday, Washington's Birthday, Caesar Chavez Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day. 20 6.7 Contractor's Employees All drivers must maintain a professional appearance. Staff shall work in a neat and clean uniform. The Contractor shall furnish staff with a shirt or some other type of outerwear bearing the company name and logo. Appropriate clothing will be worn at all times including by employees that are being trained. All employees will conduct themselves in a professional manner when interacting with the public or City employees. Within ten (10) days of provisional award the Contractor(s) shall provide the National City Police Department Traffic Division Sergeant with the names of all employees that will be assigned to the contract. The Contractor will notify National City Police Department Traffic Division Sergeant whenever a new employee is hired that is assigned to perform duties under the contract or may have access to vehicles impounded pursuant to police request. Contractor shall ensure that all tow truck drivers responding to calls initiated by the City are properly licensed, qualified and competent employees. The Contractor shall ensure all tow truck drivers are trained and proficient in the use of the tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing and recovery of ALL vehicles. All tow truck drivers shall possess the proper class license and certificates for towing vehicles, along with a class 'A' endorsement to allow operation of special vehicle configurations and/or special cargos. Contractor's employees shall be qualified to perform all work undertaken by or assigned to them. In the event a driver or the equipment is inadequate and the Contractor is unable to service the request, a charge for service or labor will not be permitted. 6.8 Signs In compliance with California Civil Code § 3070 (E), Contractor shall display inside the business office, in plain view at the cashier's station, a sign. Said sign shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height, disclosing all storage fees and charges in force, including the maximum daily storage rate. Posting of the Fee Schedule (Attachment A) in the appropriate size and lettering complies with CCC § 3070 (E). Additionally, Contractor is required by California Vehicle Code § 22850.3 (b) to display in a conspicuous place a notice to the effect that a vehicle impounded at the direction of the Police Department may only be released upon proof of current registration. Said notice must include the name and telephone number of the local police agency that caused the vehicle to be stored. 6.9 Method of Payment - Towing or Storage Charges (22651.1 CVC) At a minimum, Contractor shall accept a valid bank credit card or cash for payment of towing and storage by the registered owner, legal owner, or the owner's agent claiming the vehicle. Pursuant to California Civil Code § 1748.1, Contractor shall not impose a surcharge on a cardholder who elects to use a credit card in lieu of cash for payment of any fees pursuant to this 21 Agreement. In addition, Contractor shall have sufficient funds on the premises to accommodate and make change in a reasonable monetary transaction. 6.10 Storaee of Vehicles; City, Seized, Evidentiary Contractor shall immediately provide written notice to the National City Police Department Traffic Unit whenever a city vehicle, seized vehicle or one towed for evidentiary purposes is stored in excess of forty-eight (48) hours. Failure to provide the required written notification to the City may result in forfeiture of Contractor's right to storage fees. The Contractor shall provide invoices to the National City Police Department Operations Assistant for the towing of each City owned and each seized vehicle, and towing and storage of each vehicle for evidentiary purposes. The invoices shall include the description of the vehicle, the date, time, origin, and disposition of the towed vehicle, name and identification number of City employee authorizing the tow and/or storage, the mileage starting and finishing at destination, and an itemized cost of services provided (mileage, number of storage days) commensurate with the attached rate schedule. Invoices shall be delivered to the National City Police Department Operations Assistant no later than the fifteenth (15th) of the month following services rendered. City shall make payment for services rendered on a monthly basis from month previous. 6.11 Removal from Private Property Pursuant to California Vehicle Code § 22658(h) a towing company may impose a charge of not more than one-half of the regular towing charge for the towing of a vehicle at the request of the owner of private property or that owner's agent pursuant to this section if the owner of the vehicle or the owner's agent returns to the vehicle before it is removed from private property. The regular towing charge may only be imposed after the vehicle has been removed from the property and is in transit. Pursuant to sub -section (i) (2), if a vehicle is released within 24 hours from the time the vehicle is brought into the storage facility, regardless of the calendar date, the storage charge shall be for only one day. Not more than one day's storage charge may be required for any vehicle released the same day that it is stored. 6.12 Notice to City - Private Property Impounds In addition to the requirements set forth in California Vehicle Code § 22658 Contractor agrees to notify the National City Police Department of all vehicle impounds from private property, within the jurisdictional limits of City, that result in storage of the vehicle. Notice shall include but not be limited to a complete description of the vehicle including the vehicle identification number, location of impound and name of property owner or agent who authorized the impound. Notice shall occur within one hour of taking possession of the vehicle. Generally, private property impounds are considered On -Demand Tows. 6.13 Gratuities (12110 CVC) Contractor or Contractor's employees shall not offer or provide City, and no City employee shall accept any direct or indirect commission, reduced fee, gift, recreation, favors, seasonal gratuity, 22 or any compensation whatsoever from Contractor. No City employee shall offer or provide Contractor with any gift, recreation, favor, seasonal gratuity, or any compensation whatsoever. No City employee is permitted to purchase a lien sold vehicle from Contractor that resulted from a police initiated tow or referral tow. City employees shall not purchase any vehicle or vehicle part from Contractor for a reduced fee or a fee below the prevailing rate as determined by industry standards. The intent of this section is to avoid the mere appearance of impropriety involving the contractual relationship. Contractor or Contractor's employees are prohibited from accepting any money or anything of value from a repair shop for delivery or the arranging of a delivery of a vehicle for the purpose of storage or repair. Nothing in this section is intended -to preclude Contractor from charging a repair shop appropriate towing fees pursuant to the Fee Schedule. No benefit provided City by Contractor, or benefit provided Contractor by City, as defined in the terms and conditions of this Agreement that resulted from the process of negotiations, shall be considered a gift or gratuity within the meaning of this section. 6.14 Tow Truck Driver - On -Scene Duties Upon arriving on -scene of a police initiated tow, the Contractor's employee shall report to the investigating Peace Officer in charge. The officer -in -charge shall make every reasonable effort to inform Contractor's employee of any unusual circumstance or hazardous condition. Contractor's employee shall make every reasonable effort to inform the officer -in -charge of any unusual circumstance or hazardous condition undetected by the officer -in -charge. The officer -in -charge may request additional towing services from the Contractor's employee and the officer -in -charge shall have the authority to waive the Response Time requirements for additional services based on the on -scene needs. Contractor's employee shall make every' reasonable effort to comply with instructions or directions provided by the officer -in -charge. Contractor's employee may make any emergency alterations reasonably required to safely move and/or impound vehicles. Contractor shall be responsible for removing and appropriately disposing of collision related debris from the public right-of-way to ensure public safety. Contractor shall also remove or render inert any liquid debris that may reasonably be considered a safety hazard to the public - right -of -way. If the removal of any type of debris or hazardous material is beyond the capability of Contractor, Contractor's employee shall inform the officer -in -charge so accommodations can be made. 6.15 Access to Stored Vehicles During regular business hours, Contractor shall make vehicles stored at the request of City available to that vehicle's registered owner, a person who can be verified to be the registered owner's agent, insurance agents, insurance adjusters, or representatives of automotive repair businesses for the purpose or estimating or appraising damages. 6.16 Access to Stored Vehicles — Removal of Private Property Pursuant to California Vehicle Code § 22851(b); no lien shall attach to any personal property in or on the vehicle. The personal property in or on the vehicle shall be given to the current 23 registered owner or the owner's authorized agent upon demand. The lien holder shall not be responsible for personal property after any vehicle has been disposed of pursuant to Division 11, Chapter 10 of the California Vehicle Code. Pursuant to California Civil Code § 3068.1, the lien is deemed to arise on the date of possession of the vehicle. Possession is deemed to arise when the vehicle is removed and is in transit. 6.17 Access to Evidentiary Vehicles Vehicles impounded by City for investigative purposes pursuant to California Vehicle Code Sections 22655 or 22655.5 shall be held in maximally secured, nonpublic areas of Contractor's property, until the vehicle is released by order of City or in conformance with section '8.3 of this Agreement. No person other than a Police Officer, Reserve Police Officer, Field Evidence Technician, Property & Evidence Unit employee or Crime Scene Specialist employed by City shall remove any property or other contents from evidentiary vehicles. Property removed from such vehicles shall be recorded as removed on the content inventory and the content inventory dated and signed by the Police Officer, Reserve Police Officer, Field Evidence Technician, Property & Evidence Unit employee or Crime Scene Specialist removing the property and by a representative of the Contractor. 6.18 Invoices All invoices for towing and impounds pursuant to this Agreement shall clearly and individually itemize each and every specific charge or fee type. Daily storage fees shall be itemized on a per day basis, for example: 10 days storage @ $ per day. All itemized City fees of all types shall be documented on the invoice. The customer shall be provided no less than one copy of the invoice, after all fees have been paid and the invoice marked "Paid." 6.19 Vehicle Impound Control Card (PD form 250) A Vehicle Impound Control Card (PD Form 250) shall be completed for all police tows. A Vehicle Impound Control Card shall also be completed for all collision tows when the police order or direct a tow for a disabled vehicle. The impounding officer shall obtain a case number and enter the case number on the control card before giving the tow truck driver a copy of the control card. Contractor shall not be liable for uncollected City or administrative fees when the Vehicle Impound Control Card (PD Form 250) is not properly completed by the impounding officer. PD Form 250 shall contain the lawful authority to impound pursuant to the California Vehicle Code. However, the impounding officer may elect to use the words "Admin Fee Applies" listed in the OTHER section of the form. 6.20 Proceeds from Lien sale In conformance with California Civil Code § 3073 and California Vehicle Code § 22850.5 the proceeds from the lien sale of any vehicle impounded pursuant to the Negligent Vehicle 24 Impound Release (NVIR) program or the Serious Traffic Offender Program (STOP) shall be distributed in the following order: 1. Any and all costs necessary to discharge the lien, including but not limited to impound and storage fees, and the costs of processing the vehicle for lien sale shall be paid to the (lien holder) Contractor. 2. Any and all City administrative fees, including individual fees or any partial fees associated with the STOP and/or NVIR programs, shall be paid to City. Any partial fees recovered by City, resulting from the lien sale, shall first be attributed to the STOP program. 3 The balance, if any, shall be forwarded to the California Department of Motor Vehicles for deposit in the Motor Vehicle Account in the State Transportation Fund. 7.0 FEES 7.1 Fee Schedule Attachment A to this Agreement provides a complete schedule of all charges and, fees the Contractor will be authorized to collect from consumers for towing, impound, and storage services rendered on behalf of City. The Attachment A rate schedule shall remain in place unless and until amended by the City Council, City of National City pursuant to section 3.5 Re -Opener - Fee Schedule, of this agreement. The schedule of rates charged by the operator shall be available in the tow truck, and shall be presented upon demand to person(s) for whom the tow services were provided, or his/her agent, or any representative of the City at the scene. In the event of a significant or substantial increase in operating expenses, which was not caused by any action of the Towing Contractor, a temporary surcharge may be added in the current rates for any and all of the services provided pursuant to this agreement. The Towing Contractor shall petition the City for the increase in towing and storage rates and provide supporting documentation. Any surcharge is subject to approval by the City. Rate changes may be sought at the will of the City. This process may be instituted by routine cost of service evaluation by the City or by request by the contractor. It is understood that there may be a need for rate changes during the term of the contract. Therefore, during the term of the contract, should any contractor make a request for rate changes, the contract Administrator will forward the request appropriately for consideration. No rate adjustments will be considered without City Council approval. Any cost -of -living increase to the tow rates shall be calculated from the Consumer Price Index (CPI) as published for the first quarter of each calendar year. In any year in which this index is not available, the City shall ascertain and utilize some similar criterion and establish, retroactively, a figure for the computation. Any increase in the City Standard Rates will trigger a proportional increase in the City's Referral Fee beginning of July 1st of each contract year. 25 7.2 Secondary Tow Fees Secondary towing fees are the responsibility of the vehicle owner, operator or agent. If it is determined that City is liable for the secondary tow fees, Contractor shall charge City 50% of the Basic Tow Fee for Secondary Tows, if applicable. No storage fees shall accrue while the subject vehicle is in the actual possession of the National City Police Department. Police personnel shall not release a vehicle from the National City Police Department until all Contractor fees have been paid to Contractor by the vehicle owner, operator or agent. In the event a vehicle is released from the police department and Contractor fees were not paid, City shall be liable for the full fee. 7.3 City Vehicle Tow Fees Contractor agrees not to charge City a fee for the towing of marked or unmarked City police vehicles whether the tow resulted from mechanical breakdown or collision within the jurisdictional limits of National City. Contractor shall charge City 50% of the Basic Tow Fee for the towing of all other City vehicles whether the tow resulted from mechanical breakdown or collision within the jurisdictional limits of National City. Fees for all City vehicle tows including police vehicles, which occur outside the jurisdictional limits of National City, shall be resolved between the Contract Administrators but shall not exceed 50% of the basic tow fee. 7.4 Fees - Police Department Errors and Omissions When any vehicle has been ordered towed by City and it is established that the tow was in error through a mistake of fact, Contractor shall release the vehicle to its owner, operator or agent at no cost. Contractor shall bill City at no more than 50% of the basic tow fee. If an error by City results in a vehicle being stored longer than it can reasonably be established that it should have been, Contractor shall release the vehicle and bill the owner, operator or agent only those storage charges that would have accrued if no error had occurred. Contractor shall bill City storage fees at no more than $2.50 per day for every day beyond the owner, operator or agent's responsibility. If the error in towing or storage is discovered after the vehicle owner, operator or agent recovers the vehicle and all fees have been paid to Contractor, the owner, operator, or agent may be referred to the City Clerk, City of National City to file a Claim for Damages against City. 7.5 Referral Fee Contractor shall make quarterly Referral Fee payments to City for the right to provide towing and storage service to City. The minimum Referral Fee payment amount per Contractor shall be five thousand five hundred sixty five dollars ($5,565.) per quarter. The Referral Fee shall be payable for a period of three (3) years subject to adjustments as defined in Section 3.4 - Re - Opener Clause - Referral Fee. 26 7.6 Referral Fee - Due Date The Referral Fee payment shall be due and payable no later than the fifteenth (15th) day of the calendar month following the end of each quarter, pursuant to the following schedule: First Contract Year; Quarter End Dates 1' Quarter — June 30, 2006, 2"d Quarter— September 30, 2006 3rd Quarter — December 3.1, 2006 4th Quarter — March 31, 2007 Second Contract Year; Quarter End Dates 1 n Quarter - June 30, 2007 2nd Quarter September 30, 200 3`d Quarter December 31, 2007 4th Quarter - March 31, 2008 Third Contract Year; Quarter End Dates 1s` Quarter - June 30, 2008 2"d Quarter - September 30, 2008 3rd Quarter - December 31, 2008 4th Quarter - March 31, 2009 7.7 Referral Fee - Late Fee Any amount owed to the City more than fifteen (15) calendar days beyond the due date, shall be considered delinquent and will be in breach of contract. Failure to pay any amount owed to the City may result in the Contractor being suspended from the contract until such amount is paid. Interest will be charged on unpaid amounts at the maximum rate permitted by law. Partial payments will not be accepted. 7.8 Referral Fee - Payments The Referral Fee is payable to "City of National City." Payments shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd. National City, CA 91950 27 Upon receipt and no later than five days from receipt, the Operations Assistant shall record and account for the Referral Fee payment consistent with the terms of this agreement and forward the payment to the City Finance Department for deposit in Revenue Account Number 001-11000- 3558. 7.9 Negligent Vehicle Impound Release (NVIR) Fee The Negligent Vehicle Impound Release Fee shall be an amount established by City. Said fee is currently fifty-five ($55) dollars. The NVIR fee is recognized as a necessary and effective method of generating those revenues necessary to off set program costs, services and facilities. The NVIR fee applies only to vehicles released by Contractor for violating certain sections of the California Vehicle Code (CVC) and/or the National City Municipal Code (NCMC). See Attachment B for a list of applicable sections. 7.10 NVIR Fee Contractor shall collect the NVIR fee of fifty-five ($55.00) dollars per vehicle, upon the release of any vehicle impounded pursuant to the above listed California Vehicle Code sections. Contractor shall remit the collected fees to City pursuant to the below listed payment schedule. The collected NVIR fees shall be properly identified, and itemized. 7.11 NVIR Fee - Payment Due Date NVIR fees collected by Contractor shall be due and payable to City no later than the fifth (5th) day of each month and the twentieth (20`s) day of each month. Payments due on the fifth (5th) day of each month shall include and account for all vehicles released by Contractor between the sixteenth (16th) day of the month, and the last day of the month, (inclusive). Payments due on the twentieth (20th) day of the month shall include and account for all vehicles released by Contractor between the first (1st) day of the month and the fifteenth (15t) day of the month, (inclusive). 7.12 NVIR Fee -Payments The NVIR Fee is payable to "City of National City." Payment shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd. National City, CA 91950 Upon receipt and no later than five days from receipt, the Operations Assistant shall record and account for the NVIR Fee payment, consistent with the terms of this agreement and forward the payment to the City Finance Department for deposit in Revenue Account Number 001-04049- 3551. 28 7.13 NVLR Fee Payment - Late Fee Any amount owed to the City more than fifteen (15) calendar days beyond the due date, shall be considered delinquent and will be in breach of contract. Failure to pay any amount owed to the City may result in the Contractor being suspended from the contract until such amount is paid. Interest will be charged on unpaid amounts at the maximum rate permitted by law. Partial payments will not be accepted. 7.14 Serious Traffic Offender Program (STOP) Impound Fee The Serious Traffic Offender Program Fee shall be an amount established by City. Said fee is currently one hundred fifty ($150) dollars. The STOP fee is recognized as a necessary and effective method of generating revenues necessary to off set program costs, services and facilities. Vehicles impounded by City pursuant to the STOP program shall be released by City, upon expiration of a 30-day hold and shall only be released by City upon a showing of proof that the owner, operator or agent has a valid driver's license. Contractor shall collect STOP fees prior to the actual release of the vehicle. Contractor shall remit the collected STOP fees_ to City pursuant to the below listed payment schedule. The STOP fees shall be properly identified and itemized. The STOP fee applies only to vehicles impounded pursuant to certain California Vehicle Code Sections. See Attachment C for a list of applicable sections. 7.15 STOP Impound Fees - Due Date STOP program fees collected by Contractor shall be due and payable to City no later than the fifth (5th) day of each month and the twentieth (20th) day of each month. Payments due on the fifth (5t) day of each month shall include and account for all vehicles released by Contractor between the sixteenth (16t) day of the month, and the last day of the month, (inclusive). Payments due on the twentieth (20th) day of the month shall include and account for all vehicles released by Contractor between the first (1st) day of the month and the fifteenth (15th) day of the month, (inclusive). 7.16 STOP Fee -Payment The STOP program fee is payable to "City of National City." Payment shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd. National City, CA 91950 Upon receipt and no later than five days from receipt, the Operations Assistant shall record and account for the STOP fees consistent with the terms of this agreement. The STOP fee of one - hundred fifty ($150) dollars per vehicle shall be divided and deposited with the City Finance Department as follows: 29 Amount Revenue Account Number $125.00 191-11000-3550 $ 25.00 001-11000-3550 7.17 STOP - Late Fee Any amount owed to the City more than fifteen (15) calendar days beyond the due date, shall be considered delinquent and will be in breach of contract. Failure to pay any amount owed to the City may result in the Contractor being suspended from the contract until such amount is paid. Interest will be charged on unpaid amounts at the maximum rate permitted by law. Partial payments will not be accepted. 7.18 STOP; 30-Dav Vehicle Impound Fees Pursuant to the Serious Traffic Offender Program certain vehicles are impounded and held in impound for thirty (30) days. Said vehicles accrue Contractor's daily storage fees according to the attached Fee Schedule. In addition to any other administrative fees herein identified, Contractor shall pay CITY, fifteen (15%) percent of the total storage fee, when the vehicle is held for 30 days and subsequently released to the vehicle owner, operator or agent. Any revenue recovered as a result of this section shall be used to defray and off set police costs associated with the operation of the STOP program. This fifteen (15%) percent fee shall not apply to STOP vehicles not held for the 30-day period. This fee shall apply to the lien sale process, consistent with section 6.17 of this Agreement. 7.19 30-Day Impound Fees - Due Date and Payment Revenue received as a result of section 7.18, shall be distinguished from any other administrative fee or revenue and shall be due and payable consistent with sections 7.15 through 7.17. Any proceeds received from the STOP 30-Day Vehicle Impound shall be deposited into Revenue Account Number 191-110003550. 8.0 VEHICLE RELEASE 8.1 General Rule - Vehicle Release As a general rule, Contractor shall be responsible for the release of all vehicles in Contractor's possession as a result of police initiated or referral tows. 8.2 Exceptions to General Rule Vehicles impounded pursuant to the following California Vehicle Code Sections shall not be released by Contractor. Contractor shall refer the vehicle owner, operator or agent to the police department to obtain a release: 1. 14602.6 - S.T.O.P. Program 30 2. 22651 (i) - Five or more Parking Citations 3. 22655 - Hit & Run Investigation 4. 22655.5 - Evidentiary Reasons 8.3 Hit & Run Investigation - Mandatory Release 22655(b) CVC Any vehicle impounded for hit & run investigation (20002 thru 20006 CVC), pursuant to the authority of California Vehicle Code § 22655, shall be released within 48 hours after removal from highway or private property. When determining the 48-hour period, weekends, and holidays shall not be included. Any vehicle not released by City within the maximum 48-hour period, shall be released by Contractor upon demand of the vehicle owner, operator or agent upon the expiration of the 48-hour period, regardless of City hold status. 8.4 Questions, Problems, or Controversy Associated with Vehicle Release In the event Contractor experiences problems, questions or controversy associated with a customer demanding the release of a police initiated or referral tow, Contractor shall notify the police department. Additionally, if Contractor discovers a questionable DMV document, an officer shall be dispatched to resolve the problem. 8.5 Expert Training - DMV Document Identification During the term of this Agreement and at Contractor's request, City shall provide Contractor, Contractor's employees, and new employees with training in the identification and recognition of all relevant California Department of Motor Vehicles documents including but not limited to California Drivers License and California Vehicle Registration documents. A recognized expert employed by the California Department of Motor Vehicles shall conduct training. Training shall include but not be limited to recognition and identification of counterfeit, altered, or forged California Driver's License and California Registration and Title Certificates. The Contract Administrators shall coordinate date, time and location of training. 9.0 MINIMUM TRUCK EQUIMENT and STORAGE LOT REQUIREMENTS During the term of this Agreement, Contractor shall meet the following minimum tow truck equipment requirements and storage lot requirements: 9.1 Minimum Tow Truck Requirements During the term of this Agreement, Contractor shall have available no less than three tow rigs of at least one -ton capacity Each tow rig shall have dual rear wheels. Each vehicle used for towing police impounds shall have a manufacturer's gross vehicle weight rating (GVWR) of not less than 14,500 pounds. 31 In addition, Contractor shall have available one tow rig, commonly known as a "Sub -Garage Tow Vehicle," capable of entering and removing impounded vehicles from the underground parking garage of the National City Police Department. The sub -garage tow vehicle is a limited use vehicle and does not require dual wheels or a GVWR of 14,500 pounds. 9.2 Minimum Tow Truck Equipment Requirements Each tow truck responding to requests for police initiated towing and impound services shall be equipped with radio communications equipment capable of effecting two-way radio communications between the tow truck operator and Contractor's dispatching operation. Citizen Band radios shall not be used to meet this requirement. Each tow truck shall have a maximum 8,000 pound capacity winch that is power driven by power takeoff from transmission, in both directions, and equipped with safety clogs or an adequate braking system. Winches must be fitted with a minimum of 100 feet of cable for recovery tasks. Roll back car carriers must be fitted with a minimum of 50 feet of cable. All cable (wire rope) must be maintained in good condition. Only wire rope with swaged ends, wedge locks or braided ends, with metal sleeves in the loops shall be approved for use under the terms of this agreement. Consistent with the California Code of Regulations, Title 13, § 1305(b), wire rope is not in good condition when it is stranded, knotted, crushed, excessively rusted, kinked, badly worn, when there are 12 or more wires broken in lay length, or where there is other visible evidence of loss of strength. Contractor shall maintain dollies for use by in-service tow trucks providing police towing services to City. Each tow truck, with the exception of slide back carriers, shall carry its own set of dollies. Each tow truck shall be equipped with no less than two safety chains. No less than two safety chains shall be used for each vehicle being towed. Each safety chain shall be rated at no less than the rating specified by the original equipment manufacturer (OEM). The safety chains shall be securely affixed to the bed frame or wrecker boom, independent of the towing sling, bar, hitch, wheel lift, or under lift towing equipment. The towed vehicle shall be secured to the towing equipment independent of the safety chains by either two chains or two straps. All safety connections and attachments shall have a positive means, of sufficient strength, to ensure that the safety connection or attachment cannot become disengaged while in transit. Vehicles being transported on slide back carriers shall be secured by four tie down chains or straps, independent of the winch or loading cable. In addition to the requirements set forth in California Vehicle Code § 27700, City requires Contractor to equip each tow truck with red flares, lanterns or reflectors, hand tools (screw drivers, pliers, ratchet and sockets, crescent wrenches, metric and standard lug wrenches), bolt cutters, six foot crowbar, rope, broom, shovel, dustpan, fire extinguisher (dry chemical or carbon dioxide type), utility flood lamps, portable red taillights and stoplights for towed vehicles, equipment for opening locked vehicles, safety snubber chains, and a trash can with absorbent material. 32 Each tow truck shall be equipped with disposable (one time use) latex or rubber gloves for use by Contractor's employees to prevent contamination or contact with potential blood borne pathogens. The decision to use said equipment rests solely with Contractor. 9.3 Tow Truck Identification Each tow truck responding to police initiated towing and impound services shall, on both sides of the vehicle, conspicuously bear Contractor's company name, local address, and local phone number(s) in lettering that complies with California Vehicle Code § 27907. 9.4 Tow Truck Lighting Equipment Each tow truck responding to police initiated- towing and impound services shall be equipped with lighting systems as required by California -Vehicle Code Sections 24605, 24606 and 25253. Additionally, tow trucks shall be equipped with utility lamp lighting systems than comply with California Vehicle Code § 25110. 9.5 California Highway Patrol Inspection Certification During each contract year of this Agreement, Contractor shall obtain and retain an annual California Highway Patrol (CHP) tow truck safety inspection certification. Contractor shall annually be able to show proof that every vehicle providing services to the City has passed a CHP tow truck safety inspection. Tow trucks not passing inspections or meeting the requirements of this section shall immediately be removed from rotation. The tow truck may return to rotation once the truck has successfully passed a re -inspection by the original inspecting agency. Nothing in this section is intended to prevent, or preclude the National City Police Department from performing periodic unscheduled inspections to insure compliance with the requirements of the California Vehicle Code and this Agreement. 9.6 Tow Truck Maintenance Each tow truck responding to police initiated towing and impound services shall be well maintained and reasonably clean on the exterior and interior and should reflect the clean, professional image of the City of National City. 9.7 Storage Lot, Minimum Requirements There shall be a minimum of one (1) vehicle storage yard within ten (10) miles of the boundary of the City of National City with adequate storage capabilities for all vehicles retrieved from the City and requiring storage. The Contractor shall identify the exact location and size of any storage yards to be used pursuant to this contract. The storage yard shall be approximately 10,000 sq. ft. and have space necessary to accommodate all Police Department tows and comply with all applicable Building Codes and Zoning Regulations (including but not limited to: Fire, Sign, Zoning, and Building Codes). There shall also be the following: 33 1. Be completely enclosed by an 8-foot high fence with a lockable gate. Construction of the fence and gates must be of sufficient construction to prevent entry into the storage area of unauthorized persons or vehicles. 2. Alarms and intrusion sensors that provide immediate notification capabilities at all times or similar devices or security measures. 3. Sufficient lighting to detect unauthorized entrance at night. 4. The storage yard shall be served by drainage facilities adequate to prevent the accumulation of standing water. The vehicle storage area must remain free of mud, pools of standing water, debris, or other elements that would be harmful to the stored vehicle, vehicle contents, or to persons viewing, inspecting or recovering the vehicles. The vehicle storage area, including all driveways and access roads, shall be surfaced in a manner so as to prevent the listed conditions. An acceptable surface includes concrete, asphalt, asphaltic concrete, or decomposed granite with oil. The Contractor shall provide service to the public twenty-four (24) hours a day, seven (7) days a week so that an owner may pay towing and storage fees at the Storage Yard where their vehicle is stored and obtain its release. The Contractor is responsible for the reasonable care, custody, security, and control of any property contained in towed or stored vehicles. All items removed from a vehicle or left stored within the vehicle shall be released to the owner or agent of the impounded vehicle upon demand during normal business hours unless the vehicle is under Police Evidence Hold. 9.8 Minimum Lighting Requirements - Storage Lot There must be adequate lighting, and all yard and office construction must comply with applicable building codes, fire codes, and zoning regulations. The minimum lighting requirements per ten thousand (10,000) square feet are in effect unless zoning or other local regulations dictate increased or diminished lighting requirements: 1. Four (4) 300-Watt incandescent medium -wide flood lights, or 2. Three (3) 300-Watt quartz halogen lights, or 3. Two (2) 100-Watt high-pressure sodium lights. 34 9.9 Vehicle Examination Area Contractor will set aside an area of sufficient size to place a standard sized passenger sedan and have a minimum of forty-eight (48") inches from each side, the front, and rear of the vehicle for the purpose of inspecting the vehicle. This examination area must be flat, level, and paved with concrete, asphalt or asphaltic -concrete, or other suitable all weather surfaces. 9.10 Secure Area - Evidentiary Vehicles Vehicles impounded by City for investigative purposes shall be held in a maximally secured, non-public area of Contractor's property until released by City. Contractor shall insure, by the use of various security devices and measures, including but not limited to walls, fences, containers, buildings or the like, that no unauthorized person, whether intentionally or accidentally can come into physical contact with evidentiary vehicles. Located within the storage yard, Contractor shall set aside a secure area, sufficient in size to hold four (4) vehicles, with sufficient room to walk around, open doors, and examine each separate vehicle. 10.0 INSURANCE REQUIREMENTS 10.1 Minimum Insurance Requirements All required insurance shall be submitted to the City of National City within ten (10) days of provisional award. Failure to provide the insurance certificates within the time frame specified shall be cause for the bid to be rejected as non -responsive. The Contractor shall maintain insurance in full force and effect during the entire period of performance under contract. Failure to do so shall be cause for termination of the contract. All policies must have a thirty (30) day non -cancellation clause giving the City thirty (30) days prior written notice in the event a policy is canceled. At the end of each contract year, the City reserves the right to review insurance requirements and to require more or less coverage depending upon assessment of the risk, the Contractor's past experience, and the availability and affordability of increased liability insurance coverage. Insurance coverage must be from an insurance carrier licensed in the State of California and rated "A-, VI" or better by the A.M. Best Key Rating Guide. All policies must be endorsed to provide that the insurance afforded by Contractor is primary to any insurance or self-insurance maintained by City and its elected officials, officers, employees, agents, and representatives as respects operations of the Named Insured. Any insurance or self insurance maintained by City and its elected officials, officers, employees, agents, and representatives shall be in excess of Contractor's insurance and shall not contribute to it, The Contractor, at its sole cost and expense, shall purchase and maintain throughout the term of this agreement, the following insurance policies: 1. Commercial General Liability for a minimum of two million dollars combined single limit per occurrence ($2,000,000.00). The City of National City must be named as an additional insured on the certificate 35 2. Automobile Liability for a minimum of two million dollars combined single limit per occurrence ($2,000,000.00). The City of National City must be named as an additional insured on the certificate. 3. Garage Keepers minimum of one million dollars per occurrence ($1,000,000.00). 4. On Hook/Cargo in amounts not less than one hundred thousand dollars ($100,000.00). 5. Workers' Compensation coverage in accordance with the laws of the State of California. Policy must contain a Waiver of Subrogation of Rights against the City of National City. 10.2 Primary Insurance The aforementioned 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. Said policies, except the workers' compensation policy, shall name the City and its officers, agents and employees as additional insured's. 10.3 Claims Made vs. Occurrence Form 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. The policy retroactive date coincides with or precedes Contractor's commencement of work under this Agreement (including subsequent policies purchased as renewals or replacements). 10.4 Aggregate Insurance Limits Any aggregate insurance limits must apply solely to this Agreement. 10.5 Insurance Company 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 of equal financial stability that is approved by the City's Risk Manager. Any deductibles more than ten thousand dollars ($10,000) shall be declared and approved by City. 10.6 Insurance Certification Requirement 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 Purchasing Agent at 2100 Hoover Avenue National City, California 91950. 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 may terminate this Agreement as provided herein. 36 10.7 Insurance Requirement - Renew Option If this Agreement is extended beyond its original term pursuant to section 3.3, the insurance provisions may be updated at the option of City. 10.8 Limitations of Liabilities and Obligations The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor, and any approval of said insurance by the City, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Agreement, including, but not limited to, the provisions concerning indemnification, section 2.10. 10.9 Sub -Contractor Insurance Requirement Contractor shall make certain that all subcontractors hired by Contractor are insured in accordance with this Agreement. If any subcontractor's coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold City harmless of and from any damage, loss, cost, or expense, including attorneys' fees. 11.0 CONSTRUCTION of AGREEMENT The parties acknowledge and agree that (1) each party is of equal bargaining strength; (2) each party has actively participated in the drafting, preparation and negotiation of this Agreement; (3) 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; (4) each party and such party's counsel and advisors have reviewed this Agreement; (5) each party has agreed to enter. into this Agreement following such review and the rendering of such advice; and (6) 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 attachments, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY JC TOWING, INC. By: By: Nick lnzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney, City of National City 37 . John Clark, IV (Title) ATTACHMENT A TOWING FEE SCHEDULE SERVICE • BASIC TOWING Includes First Hour Hookup, Labor, Standby Time, for vehicles Under 9,500 GVW (unloaded). FEE $135.00 • MEDIUM SIZE - BASIC TOWING INCLUDES FIRST HOUR HOOKUP, LABOR, STANDBY TIME, FOR VEHICLES OVER 9,500 GVW BUT LESS THAN 22,000 $150.00 • LARGE SIZE - BASIC TOWING INCLUDES FIRST HOUR HOOKUP, LABOR, STANDBY TIME, FOR VEHICLES OVER 22,000 GVW (UNLOADED). $200.00 • ON -SCENE OR STAND-BY LABOR = EACH 15- MINUTE INCREMENT, BEYOND FIRST HOUR. IS CHARGED ONLY WHEN EXTRA ORDINARY LABOR MUST BE EXPENDED TO RECOVER A VEHICLE. STAND-BY IS CHARGED WHEN THE JOB CANNOT BE STARTED AND MUST BE EXPLAINED ON THE TOW BILL. $35.00 • DOLLIES WILL ONLY BE USED WHEN THERE IS NOT A LESS EXPENSIVE, SAFE MANNER OF HANDLING THE SITUATION. $50.00 • DRY RUN MAY ALSO BE KNOWN AS A "HOOK-UP — DROP FEE" AND IS CHARGED WHEN THE VEHICLE IS HOOKED UP AND THE OWNER RETURNS BEFORE THE VEHICLE IS IN TRANSIT. $60.00 • PER MILE TOWING APPLIES ONLY TO VEHICLES RECOVERED OUTSIDE THE JURISDICTION OF THE CITY OF NATIONAL CITY. $5.00 • MAXIMUM STORAGE - PER DAY Per day is defined as a 24- hour period. $35.00 • STORAGE PER HOUR Up to maximum of $35.00 per day. $5.00 • AFTER HOURS VEHICLE RELEASE After 6PM and before 8AM including weekends and all holidays. $50.00 38 • NOTIFICATION OF LIEN SALE Vehicle valued at less than $4.000, (22851.12 CVC). $70.00 • NOTIFICATION OF LIEN SALE Vehicle valued at over $4,000. (22851.12 CVC). $100.00 • POLICE EQUIPMENT TOWING Inside jurisdictional limits of National City. No Charge • CITY EQUIPMENT TOWING Includes all City vehicles. Also includes police vehicles towed from outside jurisdictional limits of National City. $50.00 CITY ADMINISTRATIVE FEE'S NEGLIGENT VEHICLE IMPOUND RELEASE FEE $55.00 • SERIOUS TRAFFIC OFFENDER PROGRAM FEE $150.00 39 ATTACHMENT B Pursuant to Section 7.9 of this Agreement, the Negligent Vehicle Impound Release Fee shall apply to vehicles impounded pursuant to the following California Vehicle Code sections and/or National City Municipal Code sections. One or more the listed sections must be included on the impounding documents. California Vehicle Code 22500 Et seq. Prohibited Stopping, Standing, or Parking 22500.1 22651 (a) 22651 (b) 22651 (d) 22651 (e) 22651 (h) 22651 (i) 22651 (j) 22651 (k) 22651 (1) 22651 (m) 22651 (n) 22651 (o) (1) 22651 (p) 22651 (r) 22652 22653 (c) 22655 (a) Prohibited Stopping, Standing, or Parking: Fire Lane Unattended on Bridge Hazard to flow of traffic Blocking a driveway Blocking fire hydrant access Operator taken into custody - not practical to park or lock Unpaid parking citations Illegally parked and no evidence of registration displayed Parking over 72 hours Temporary tow away signs for street repair Highway authorization for other use, with 24-hour notice No parking tow away signs posted Expired registration in excess of six months Unlicensed or suspended/ revoked license in violation of 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604. Illegally parked, blocking a legally parked vehicle Illegally parked in designated handicapped parking space Removal from private property, at request of property owner, when operator is taken into custody Hit & Run suspect vehicle 40 22656 Illegally parked or abandoned within 7 '/2 feet of nearest railroad rail 22669 Et seq. Removal of Abandoned Vehicles as determined pursuant to section 22523 CVC National City Municipal Code 11.32.060 Illegally parked - 72 hour violation - vehicle removal 11.32.070 Illegally parked - Restricted hours - vehicle removal 11.32.160 Illegally parked - Emergency parking - vehicle removal 11.32.250 (e) Illegally parked - Taxi Stand - vehicle removal 41 ATTACHMENT C Pursuant to Section 7.14 of this Agreement, the Serious Traffic Offender Program Fee shall apply to vehicles impounded pursuant to the following California Vehicle Code Sections. One or more of the following sections must be included on the impounding documents. 22651(p) 22651(h)(2) 14602.6 California Vehicle Code Includes Sections 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5 or 14604. Upon service of notice of an order of Suspension or Revocation, pursuant to 13388 CVC. Unlicensed, Suspended or Revoked and involved in traffic collision. Sub -section (b) - Certified Mail, 2-day notice to legal owner. Failure to notify legal owner results in maximum fee for 15 days vehicle storage. 14602.7 Fleeing a Peace Officer - Court Order upon affidavit of Peace Officer, to seize vehicle, not to exceed 30 days. Failure to notify legal owner (2 days notice) results in maximum fee for 15 days vehicle storage. 14607.6 Impoundment and Forfeiture of Motor Vehicle. 42 Pram: MCouyf1 6dl11r 1}]CI MI. Fs. "JI0,al a lrrandree myerlcy, 111V. rt x,td. 1 Vr/YPJ/Ua u. orcnun rouge. vale. ucucuw v<.0 I rrvr rage'. 1 ar RA Storelee InsuranceAgency, Inc. PO Box 219 Benicia, •CA 0 FAX From: Robyn Ballinger Phone: (707) 745-3321 Fax: (707) 745-3709 Lic. # 0618185 To: Brenda Hodges Pages: 2 Fax: (619) 336-4597 Date: 2/22/2006 Phone: ( ) - Subject: Certificate Message: Brenda, Following is the certificate for JC Towing, Inc. The insured has a $1,000,000 Limit for General Liability and-$1,1300,000timt-for the Auto Liability and-thenS1,000,-000 Excess/Umbrella Policy. The Excess Umbrella policy provides $1,000,000 over and above the Auto or General Liability, thus giving you a $2,000,000 Corribined Single limit for Auto and a $2,000,000 Combined Single Limit for General Liability. Please call me if you have any questions!! Thank you! Robyn ,Ballinger r ram: RODYn t3aoinger nr: rv\ JTorelee Insurance regency, Inc. raxly: Cur-rva-ar Ira I Q. orenoa noagea ✓aLC. ucucuuo VGA/ I rm royc. <Ur G ACORD CERTIFICATE OF LIABILITY INSURANCE CSR vM DATE(MM/DDCYYYY) JCTOW-1 02/22/06 PRODUDER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION R.A. Storelee Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rob S torelee HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 321 ,First Street Suite 201 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Benicia CA 94510 Phoi'e:"707=745-3321 Fax:707-745-3709 INSURERS AFFORDING COVERAGE NAIC# SURED J.C. Towing, Inc. Auto Donation Auction Center 2901 FaivLe Street Chula Vista CA 91911 INSURER A: Lincoln General Ins. Co. INSURERS- TOPA Insurance Company INSURER ( INSURER D INSURER E. COVERAGES THE ANY MAY POLICIES. TRSRADOL LTR POL REQUIREMENT, PERTAIN, NSRD ICIES AGGREGATE OF INSURANCE LISTED BELOW HAVE TERM OR CONDITION OF ANY CONTRACT THE INSURANCE AFFORDED BY THE LIMITS SHOWN MAY HAVE BEEN BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSION AND CONDITIONS OF SUCH REDUCED BY PAID CLAIMS. FOUL Y tFFELi NE POLICY I Ire yr lNauNAi10E -POLICY-RUMB[R DAIt (NMNDIYY) EXPIRAJ10N DATE (MRRDOT Y) " LIMITS A ' X GENERAL X LIABILITY COMMERCIAL GENERALLIABIL-IN -LTPi-0-i-3 -0--v2 -05/2$/05 05/28/ EACH OCCURRENCE $ 1 , 000 , 000 Y SEST(Ea occurrence) $-00.-00-0 CLAIMS MADE X I OCCUR MED EXP (Any one person) $ 5,000 GEM_ PERSONAL & ADV INJURY 4 1 ,-0OB it)-0-0 - GENERAL AGGREGATE $ 2 , 000 , 000 AGGREGATE LIMIT APPL IESHER, POLICY — PE4 CT I LOC PRODUCTS- COMM/OP AGG -- - $ 2, 800 .-000 - A X AUTL X X X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS _UNINSURED LTP101320-02 05/28/05 05/28/06 COMBINED SINGLE LIMIT (Eaaoci denq $ 1,000,000 BODILY INJURY (Per person) $ -EMILY INJURY (Per accident] (Pero d ntA RAGE - $ MOTORIST: $60 , 000 GARAGEIIABILTTY ANY AUTO AUTO ONLY_ EAACCIDENT $ EA ACC OTHER THAN $ AUTO IX'JI Y'. AGG $ B EXCESSNMBRELLA X LIABILITY OCCUR 17 CLAIMS MADE DEDUCTIBLE RETENTION $ X 2Q52R "05/291os 0.5/28/05 EACH OCCURRENCE $ 1 , 000 , 000 AGGREGATE $.1,000,0.00 $ $ WORKERS COMPENSATION AND §MPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/NIEMEER EXCLUDED? It yes, describe under SPECIAL PROVISIONS below WC eIAILL OI rC ITGRY LIMITS ER E L. EACH ACCIDENT E L. DISEASE- EA EMPLOYEE $ - E.L. DISEASE - POLICY LIMIT $ A A OTHER OARAGKEEEPERS L.L. ON HOOK/CARGO LTP101320-02 LTP101320-02 05/28/05 05/28/05 05/28/06 05/28/06 50/250000 500/2500Ded 501250000 $1,000 Ded/ DESCRIPTION OF OPERATIONS /LOCATIONS. / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT t SPECIAL PROVISIONS City of National City/National City Police Department are Named as Additional Insureds as their Interest may Appear: TOWING OPERATIONS. CANCELLATION NATLCIT City of -Natienai City/ National City Police Dept. 2100 Hoover Avenue National City CA 91950 ACOR9 25 42001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. arde34RATION 1988 VZI4=i4VUG Va:ca .ran oxvoaalova unay.pA na a ava aA•a arl' •Y VV1 DRIVER ALL1ANT INSURANCE SERVICES, INC. driver.alliant INSURA-NCE SERVICES 1620 FIFTH AVENUE, SAN DIEO0,-CA 9Z101 LICENSE NO. 0C36861 PII. 619.699.0525 FAX 619-699_2148 I -MAIL: RCOdy liveraiiiaDt.ct nl DATE: February 22, 2006 TO: Brenda Hodges FROM: Natalie Cody -Parker RE: JC Towing, Inc. PAGES: 2 "I+'AX: 336.4599 FAX: 619.690.2148 The certificate of insurance you requested is attached- Advise if you need anything further. Sincerely, Natalie Cody -Parker 02.72/cuub 09:26 FAA U196J97. # PM Y.E.E ALLTAN 1N, JyI;D lfuuL STATE E.�.� CERTHOLDER COPY P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION i N S I; -RAMC$ FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE, L' 2-22-2006 CITY OF NATIONAL CITY PURCHASING DEPT. 2100 HOOVER AVE NATIONAL CITY CA 81850-8530 5D GRCIP -000927 POLICY NUMBER: 00000i6-2005 CERTIFICATE 1D 45 CERTIFICATE _EXPIRES 04-01-2000 04-01-2005/04.01-2006 This is to certify that we have issued a valid Workers` -.Compensation -insurance policy iii - ttnn dNpiuvAU-by the California Insurance Commissioner •Lo tie employer mimed below itir the policy period that will 4xpira or did expire as indicated above. This certificate of insurance is not an Insurance policy and dons not amend extend or alter the coverage afforded by the policy listed heMi.-NetwithsteFIg4Rg -any reeeirA/p6nt,- tll°rin .Or .onoratiOR of arty -contract Dr_other clocurnant with respect to which this certificate of insurance may be IssLiod or to which 1t may pertain, the insurance afforded by the policy described herein Is subject to all the 1eHma, exclusions, and conditions, of such policy. .... THORIZED REPRESENTATtN^,ti PRESIDENT EMPLETCP.S LIABILITY -LIMIT- ICCLUDIIYG-OEFEtdEE GII;STB:-.41,-000„000 PER OCCURRENCE_ ENDORSEMENT /1500 - G. doHN CLARK, III TREIAS - !EXCLUDED. ENDORSEMENT /1801 - JOIN CLARK III MGR-NENBLR EXCLUDED. ENDORSEMENT #2065 ENTITLED -CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04-01-2005 I5 ATTAC)1E0 TO AND fORMS A PART Of THIS POLICY. EMPLOYER JC TONING, INC AND/OR AUTO DONATION AUCTION CENTER, A.tti 2501 PAIVRE ST CHULA VISTA CA-946-11 IRE u,2-95) (1915,50J PRINTED : -02 -22-2008 SD rrA - cam- \ AGREEMENT BY AND BETWEEN CITY OF NATIONAL CITY AND MOYNAHAN TOWING FOR TOWING AND Il1'IPOUND`:SERVICES FOR THE PERIOD OF APRIL 1, 2006 TO MARCH 31, 2009 TABLE OF CONTENTS Title & Section Page Number "Towing Agreement" 7 Recitals 7 1.0 DEFINITION OF TERMS 1.1 Police Tow 8 1.2 Police Referral Tow 8 1.3 On Demand Tow 8 1.4 Secondary Tow 8 1.5 Collision Tow .. . 8 1.6 Response Time ... 8 1.7 Contract Year .9 1.8 Fee Schedule 9 1.9 Referral Fee 9 1.10 Negligent Vehicle Impound Release Fee 9 1.11 STOP Fee 9 1.12 30 Day Impound Fee 9 2.0 ADMINISTRATION and MANAGEMENT of AGREEMENT 2.1 Agreement Approval 10 2.2 Entire Agreement ... 10 2.3 Administration of Contract 10 2.4 Cooperation and Consultation 11 2.5 Compliance with Applicable Law 11 2.6 Licenses, Permits, Etc 11 2.7 Disputes 11 2.8 Mediation / Arbitration 12 2 2.9 Legal Fees 12 2.10 Indemnification and Hold Harmless 12 2.11 Business Records (10650 CVC et seg.) 13 2.12 Prohibition Against Use of Privileged Information 13 2.13 Independent Contractor 13 2.14 Assignment 13 2.15 Workers' Compensation 14 2.16 Non -Discrimination Provision 14 2.17 Conflict of Interest and Political Reform Act Obligations 14 2.18 Termination of Agreement 15 2.19 Charges and Fees 15 2.20 _inspection 15 2.21 -Notice of Termination 15 3.0 TERMS of AGREEMENT, OPTIONS, RENEW and RE -OPENERS 3.1 Duration 16 3.2 Relevant Dates 16 3.3 Option to Renew 16 3.4 Re -Opener Clause - Referral Fee 17 3.5 •Re -Opener Clause - Fee Schedule 17 3.6 Re -Opener Clause - 30 Day Impound Fee (STOP) ... 17 4.0 RESPONSE -TIME, EXCEPTIONS and PENALTY ASSESSMENT 4.1 -Response Time 17 4.2 Response Time Computation 18 4.3 Response Time - Penalty 18 4.4 Response Time - Penalty Assessment 18 5.0 ON -CALL CONTRATOR and CONTRACTOR ROTATION SCHEDULE 5.1 Contractor On -Call & Rotation 19 6.0 GENERAL DUTIES, REQUIREMENTS and OBLIGATIONS 6.1 Business License . 19 6.2 Contractor Availability - Response to Service Requests 19 6.3 Contractor Towing Forfeited Vehicles 20 6.4 Contractor Availability - Vehicle Release .. 20 6.5 Business Office 20 6.6 Business Office Hours 20 6.7 Contractor's Employees 21 6.8 Signs 21 6.9 Method of Payment - Towing or Storage Charges (22651.1 CVC) 21 6.10 Storage of Vehicles; City, Seized, Evidentiary 22 6.11 Removal from Private Property 22 6.12 Notice to City - Private Property Impounds 22 6.13 Gratuities (12110 CVC) 22 6.14 Tow Truck Driver - On Scene Duties 23 6.15 Access to Stored Vehicles 23 6.16 Access to Stored Vehicle - Removal of Private Property 23 6.17 Access to Evidentiary Vehicles . 24 6.18 Invoices 24 6.19 Vehicle Impound Control Card (PD form 250) 24 6.20 Proceeds from Lien Sale . 24 7.0 FEES 7.1 Fee Schedule 25 7.2 Secondary Tow Fees 26 7.3 City Vehicle Tow Fees 26 4 7.4 Fees - Police Department Errors and Omissions 26 7.5 Referral Fee 26 7.6 Referral Fee - Due Date 27 7.7 Referral Fee - Late Fee 27 7.8 Referral Fee - Payments 27 7.9 Negligent Vehicle Impound Release (NVIR) Fee 28 7.10 NVIR Fee 28 7.11 NVIR Fee - Payment Due Date .... 28 7.12 NVIR Fee - Payments 28 7.13 NVIR Payment - Late Fee 29 7.14 Serious Traffic Offender Program (STOP) Impound Fee 29 7.15 STOP Impound Fees -Due Date 29 7.16 STOP Fee Payment 29 7.17 STOP Fee - Late Fee 30 7.18 ;'.STOP; 30-Day Vehicle Impound Fees 30 7.19 30-Day Impound Fees - Due Date and Payment 30 8.0 VEHICLE RELEASE 8.1 --General Rule - Vehicle Release 30 8.2 Exceptions to General Rule 30 8.3 Hit & Run Investigations - Mandatory Release (22655(b) CVC) 31 8.4 Questions, Problems, or Controversy Associated with Vehicle Release 31 8.5 Expert Training - DMV Document Identification 31 9.0 MINIMUM TRUCK EQUIPMENT and STORAGE LOT REQUIREMENTS 9.1 Minimum Tow Truck Requirements 31 9.2 Minimum Tow Truck Equipment Requirements 32 9.3 Tow Truck Identification 33 9.4 Tow Truck Lighting Equipment 33 5 9.5 California Highway Patrol Inspection Certification 33 9.6 Tow Truck Maintenance 33 9.7 Storage Lot, Minimum Requirements 33 9.8 Minimum Lighting Requirements - Storage Lot ... 34 9.9 Vehicle Examination Area 35 9.10 Secure Area - Evidentiary Vehicles 35 10.0 INSURANCE REQUIREMENTS 10.1 Minimum Insurance Requirements 35 10.2 Primary Insurance 36 10.3 Claims Made vs. Occurrence Form 36 10.4 Aggregate Insurance Limits 36 10.5 Insurance Company 36 10.6 Insurance Certification Requirement 36 10.7 Insurance Requirement - Extension Option 37 10.8 Limitations of Liabilities and Obligations 37 10.9 Sub -Contractor Insurance Requirement 37 11.0 CONSTRUCTION of AGREEMENT 37 ATTACHMENT A Towing Fee Schedule 38, 39 ATTACHMENT B NVIR Fee - Applicable CVC & NCMC Sections 40, 41 ATTACHMENT C STOP Fee - Applicable CVC Sections 42 "TOWING AGREEMENT" This Agreement is made and entered into in the City of National City, State of California, on this 7th day of March, in the year 2006, by and between the City of National City, a municipal corporation, herein after referred to as "City", and Moynahan Towing, herein after referred to as "Contractor." RECITALS Whereas, the City of National City Police Department requires professional towing and impound services to maintain the safety of the public right-of-way and to seize and secure vehicles in accordance with the laws of the State of California and the Municipal Code, ordinances and regulations of the City of National City; and • Whereas, the City Council, City of National City has adopted policies and procedures for the selection and designation of professional towing contractors to provide towing, impound and storage service upon the request of the National City/Police Department. • Whereas, Moynahan Towing has a history of satisfactory service and has participated in a competitive process, and together with another towing contractor has been found to have the best qualifications and ,capability of providing the highest quality, professional towing services for the City of National City; and • Whereas, the City of National City desires to have Contractors perform exclusive towing service within the City of National City and Contractor represents and warrants they are =experienced and staffed -in a manner such that they are capable and prepared to deliver the services required by the City of National City within the time frames herein provided, all in accordance with the termsand, conditions of this Agreement. NOW, THEREFORE,. BE IT RESOLVED that the City of National City and Moynahan Towing, Inc. do hereby mutually assent to the terms and conditions as follows: 7 1.0 DEFINITION OF TERMS 1.1 Police Tow shall mean the towing of vehicles at the direction of The National City Police Department where the consent of the owner or operator of the vehicle is not required under existing law. This shall include but is not limited to the towing of motor vehicles that are illegally parked, abandoned, evidence in a criminal investigation, disabled due to collision or mechanical failure or otherwise subject to the authority of the National City Police Department. 1.2 Police Referral Tow shall mean the towing of a vehicle by the National City Police Department, at the request of the vehicle owner or operator. Examples include mechanically disabled vehicles, vehicles disabled as a result of collision, or any other circumstances where the public right-of-way is impacted. 1.3 On -Demand Tow means the towing of a vehicle by a specific Contractor that has been requested by the vehicle owner or operator without police involvement. On -Demand tows may include owners or agents of private property landholders who arrange for vehicle towing service from private property without police involvement. If the police department becomes involved in arranging for tow service the matter is considered a Referral Tow. On -Demand Tows are considered independent services outside the scope of this Agreement. 1.4 Secondary Tow is defined as the impound of a vehicle on orders of police under the authority of California Vehicle Code § 22655 or 22655.5 and the vehicle is brought to the National City Police Department for evidence processing. The secondary tow occurs when the police direct the original Contractor to retrieve and store the vehicle on Contractor's property. 1.5 Collision Tow The owner or operator of a vehicle involved in a non -criminal traffic collision may select a tow company of their own choosing. However, if in the opinion of the investigating police officer an unreasonable delay would result, or unnecessary delay would negatively impact access to the public right-of-way, the investigating officer may consider the matter a "Police Tow" and cause the removal of the vehicle. If the vehicle is towed on orders of the investigating officer, the officer shall complete the Vehicle Impound Control Card citing 22500 CVC as the authority for impound. No special hold or police authorized release is necessary. 1.6 Response Time is defined as the elapsed time between the relaying of the tow service request by a Police Department Employee to the Contractor and the arrival of the specific tow truck type requested to fulfill the tow need on scene. (For example: NCPD Dispatch phones in a request for a low profile truck to tow an evidence hold vehicle to the underground parking lot of NCPD. The response of a NON low profile tow truck which cannot accommodate towing the vehicle into the underground parking lot of the National City Police Department does not qualify as fulfilling the Response Time requirement.) NCPD does not have a group of employees that have a singular function of requesting tow service and would be called a "tow dispatch center." Under normal circumstances the tow company will be called by the NCPD "Dispatch Center." The NCPD "Dispatch Center" is the Police Department's multifunction emergency and non -emergency telephone/radio operators. Under most situations a call for field service will be relayed by the Police dispatchers via telephone to the tow contractors. However, there is a need to allow for direct requests to the tow contractor by any NCPD employee. This may be done by phone or in person to either the tow 8 company's dispatcher or to a tow truck driver that is already on the scene of an NCPD requested tow, wherein there is a need for additional services. (An example of this would include times where a collision occurred and originally an officer makes a request for one two truck. Upon arrival it is determined that another tow truck will be needed and the officer makes the request to the driver on the scene to obtain the services of another truck. The driver calls in the request and the .officer advises NCPD dispatch that he/she has made the request and an appropriate CAD entry is made.) 1.7 Contract Year is defined as any one year, 365 day period during the term of this agreement. The first contract year begins on April 1, 2006 and ends on March 31, 2007. The second contract year begins on April 1, 2007 and ends on March 31, 2008. The third contract year begins on April 1, 2008 and ends on March 31, 2009. There are three (3) successive years in this contract. 1.8 - Fee Schedule is defined as the fees charged by Contractor to the owner, operator, or agent of the subject vehicle for various services charged _by Contractor. The fee schedule is approved and authorized by a .majority vote of the City of National City, City Council. The fee schedule includes itemized charges for numerous towing and storage services including but not limited to hook up fees, dolly fees, daily storage fees, after -hour release fees, etc. The Fee Schedule is identified and located at Attachment A of -this document. 1.9 Referral Fee is authorized by California Vehicle Code § 12110(b) and is defined as a quarterly fee charged to Contractor by City for the right to provide towing, impoundandstorage services for City. The Referral Fee is designed to.:offset actual and reasonable costs incurred by the police department to process and administer towing services. The Referral Fee may be adjusted throughout the term of this Agreement, consistent with Section 3.4, Re -Opener Clause — Referral Fee. 1.10 Negligent Vehicle Impound Release Fee is authorized by the City Council. The Negligent Vehicle Impound Release Fee is defined as a fee charged to the owner, operator or agent of a vehicle that violated certain, specified sections of the California Vehicle Code or National City Municipal Code. The NVIR fee is currently established at fifty-five ($55) dollars. The NVIR fee may be adjusted during the term of the agreement at the discretion of the City Council. This fee is collected by Contractor on behalf of City. 1.11 :;S.T.O.P Fee "The_ Serious Traffic Offender Program targets the unlicensed driver and provides fora 30-daydmpound of vehicles. A fee, designed to off set the administrative costs of the program is authorized by the City Council under the -authority of California Vehicle Code § 22850.5. The fee is currently set at one hundred fifty ($150) dollars. The STOP fee may be adjusted during the term of this agreement at the discretion of the City Council. This fee is charged to the vehicle owner, operator or -agent and is collected by Contractor on behalf of City 1.12 30-Day Impound Fee is defined as a percentage fee paid to City by Contractor, when a Serious Traffic Offender Program vehicle is held for 30-day storage. This fee is not applicable when City releases a -vehicle prior to the full 30-day period. Nothing in this section is intended to prevent =or -preclude the early release of a 30-day -hold STOP vehicle if extraordinary circumstances warrant. The Impound Fee will remain at 15% of the amount collected for storage on released vehicles. This is unchanged from the previous contract. 9 2.0 ADMINISTRATION and MANAGEMENT of AGREEMENT 2.1 Agreement Approval Any Agreement to provide towing services is subject to a substantive city administration review process. Such review process shall include but is not limited to review by the Chief of Police, City Attorney, Human Resources Director, Risk Manager, Finance Director and City Manager. No Agreement for towing service shall become effective until the City Council, City of National City, has reviewed and approved the Agreement. 2.2 Entire Agreement This Agreement supersedes any prior agreements, documents, negotiations and communications, oral or written, and contains the entire Agreement between the parties as to towing and impound services. 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. 2.3 Administration of Contract Each party designates the below individuals as the "Contract Administrator" for the party. The Contract Administrator is authorized by the party to represent the party in the administration of this agreement. The Contract Administrator shall monitor the progress and execution of this Agreement. The Contract Administrator may delegate duties and responsibilities to subordinates to insure functional management, supervision and operation of this Agreement. Contract Administrator For The City of National City Dr. Adolfo Gonzales Chief of Police National City Police Department 1200 National City Blvd National City, CA. 91950 (619)336-4511 Management and Operations Neighborhood Policing Team I Lieutenant National City Police Department 1200 National City Blvd National City, CA 91950 (619)336-4400 I0 Inspection & Operational Supervision Traffic Division Sergeant National City Police Department 1200 National City Blvd National City, CA 91950 (619) 336-4420 Contract Administrator for Moynahan Towing Owner: Tom Moynahan 3200 National City Blvd., National City, CA 91950 (619)477-9362 2.4 Cooperation and Consultation The City and Contractor. shall .regularly consult during the term of this Agreement in order to achieve the objectives of this Agreement. Throughout the teen of this Agreement, the City and Contractor shall. permit mutual access to its offices, facilities, files and records relating to the operation and management of this agreements Upon request of the City the Contractor shall provide copies offiles, materials orrecords relating to the towing, impound, and disposition of any vehicle towed .as a result of this agreement. Upon .request, the City shall provide the Contractor with any annual -report or management report relating to the towing and impound of vehicles towed as a result of this Agreement. Access to police files, records or materials does not include unrelated records, communications between City and the police department, any record which -may infringe upon the privacy rights of any individual, or anyfile, record, or investigation determined by the police department to be privileged or confidential. 2.5 Compliance with Annlicable Law The Contractor in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City; of`National City, whether now in force or subsequently enacted. 2.6 Licenses Permits Etc. ,---Contractor represents and covenants that it has:ll licenses, permits, qualifications, and approvals of whatever -nature that are legallyrequired topractice its,rofession. The Contractor represents and covenants that the Contractor shall, at its sole cost and :expense, keep in elect at all times during the term of thisagreement, any license, permit, insurance or approval which is legally required for the Contractor to practice its profession. 2.7 Disputes =Except as otherwise providedin this agreement, any dispute concerning a question of fact arising -under any term of this Agreement which is not disposed of by this Agreement shall be decided by the Chief of Police who will furnish the decision to the Contractor in writing. Contractor shall proceed diligently with performance of this Agreement pending receipt of the decision of the II Chief of Police. The decision of the Chief of Police is final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, arbitrary, capricious or so grossly erroneous as to necessarily imply bad faith. The "Disputes" clause does not and is not intended to preclude consideration of legal questions in connection with decisions provided in the above paragraph. Nothing in this Agreement shall be construed as making final the decision of any administrative official, representative, or council on a question of law. 2.8 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 County, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The cost 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 County, 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 cost 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. 2.9 Le2al Fees If any party brings a suit or action against the other party arising from any alleged 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 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 attorneys' fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorneys' fees to the prevailing party if other than the City shall, in addition, are limited to the amount of attorneys' fees incurred by the City in its prosecution or defense of the action, irrespective of the actual amount of attorneys' fees incurred by the prevailing party. 2.10 Indemnification and Hold Harmless The Contractor agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damage, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the Contractor's performance of this Agreement. 12 2.11 Business Records f10650 CVC et seg Contractor shall maintain and retain data and records of all tow services furnished, including description of vehicles, nature of service, date, time of notification by City, time of tow truck dispatch, time of arrival of tow truck at scene, location of calls, total itemized charges of towing and storage, and thedescription of all vehicles towed and/or stored at the initiation of the City. If the vehicle is sold at lien sale, data shall be maintained documenting all liens against the vehicle, monies received as a result of the sale, identification of the purchaser, and the amount of monies forwarded to City and state. All such data and original towing and storage records shall be maintained in an accessible location. The Contractor shall make available and permit the City without notice during normal business hours to audit, examine and make excerpts, copies, or transcripts of all data and records with respect to the towing and storage of vehicles initiated by the City. If Contractor employs, assigns or contracts with a third -party vendor to manage or process the DMV required processing regarding lien sale vehicles, Contractor shall make available all relevant records, data or documents regarding lien sales. Contractor shall waive any privacy rights in order to permit City to inspect, review and copy any relevant record in possession of a third -party vendor. 2.12 Prohibition A ainst Use of Privileged Information Contractor shall not use for -personal gain, transmit or disclose any privileged or confidential information that is acquired from or obtained as a result of information gathered from the management or operation of this agreement. For the purpose of this section, "Privileged or Confidential Information" shall include City or police department records unrelated to towing and storage of vehicles, DMV information, or Criminal History information. 2.13 Independent Contractor Contractor shall for all purposes arising out of this. Agreement, be an independent Contractor. Contractor and employees of Contractor shall not be deemed employees or agents of City. It is expressly understood and agreed that the Contractor and its employees shall in no event, as a result of this Agreement, be entitled to any benefit to which City employees are entitled, including but not limited to overtime, retirement benefits, workers' compensation benefits, injury leave, medical leave, unemployment or any other leave benefits. Neither the City nor itsofficers, 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 I expressly agrees not to represent that the Contractor or the Contractor's agents, servants, or -employees are in any manner agents, servants, and 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. 2.14 Assignment 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 13 the Contractor without the prior written consent of the City. Nothing herein contained is intended to prevent the Contractor from employing or hiring as many employees, or subcontractors, as the Contractor may deem necessary for the proper and efficient performance of this Agreement. All agreements by Contractor with its subcontractors(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 2.15 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 attorneys' 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. 2.16 Non -Discrimination Provision 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. 2.17 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 interest's 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 direct or indirect financial interest as defined in Government Code Section 87103. The Contractor represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the City. Contractor further warrants and represents that Contractor will immediately advise the City Attorney if Contractor learns of an economic interest of Contractor's that may result in a conflict of interest for the purposes of the Political Reform Act, and regulations promulgated thereunder. 14 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 section by the Contractor. 2.18 Termination of Agreement This Agreement may 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. Termination for cause shall be effected by delivery of written Notice of Termination to the Contractor as provided for in Section 2.21. In the event of termination, all finished or unfinished memoranda, reports, 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, andless any damages caused the City by the Contractor's breach, if any. 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 or change in business status of the Contractor. 2.19 Charges and Fees Contractor is authorized and responsible for the collection of all applicable towing and storage charges, and any fee authorized or required by City to defray costs to. City for the management and operation of this agreement, prior to releasing a vehicle. 2.20 Inspection City -shall require no less than an annual inspection of Contractor to insure conformance and compliance with the provisions of the California Vehicle Code and this agreement. Responsibility for said inspection rests with the National City Police Department Traffic Division Sergeant and/or designee. Said inspections shall be conducted during normal business -hours. Upon completion of inspection the Traffic Division Sergeant shall submit a written report to the Contract Administrators. 2.21 ._Notice of Termination. All notices or other communications required or permitted hereunder shall be in writing, and tshall bepersonally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered of certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; oradelivered or sent 4by-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 15 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 telex, telecopy, facsimile or fax, when sent. Any notices, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Contract Administrator For The City of National City Dr. Adolfo Gonzales Chief of Police National City Police Department 1200 National City Blvd National City, CA. 91950 (619)336-4511 To the CONTRACTOR: Moynahan Towing Tom Moynahan 3200 National City Blvd., National City, CA 91950 (619)477-9362 3.0 TERM OF AGREEMENT, OPTIONS, and RE -OPENERS 3.1 Duration The duration of this Agreement shall be three (3) successive years with an option for extension. 3.2 Relevant Dates This Agreement begins at 0000 hours on April 1, 2006 and terminates at 2400 hours on March 31, 2009. 3.3 Option to Renew The City of National City reserves the option to renew the contract for up to four (4) six (6) month periods under the terms and conditions herein stated beginning on the anniversary of the commencement of service. The renewal is contingent on a mutual agreement between the City and the Contractor with such agreement to be confirmed by the Contract Administrator within sixty (60) days prior to the expiration of the contract period. The City of National City or the Contractor may decline to confirm the renewal of the contract for any reason whatsoever, which shall render the renewal option null and void. The City's initial letter informing the Contractor of the City's exercise of its option to renew the contract does not constitute an award of the option period. Any option acceptance must be confirmed by the City of National City in writing, before it becomes valid. 16 The City will not grant an option, if the Contractor requests an increase which exceeds the average percentage variant for the previous twelve (12) months in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the National City area as published by the Bureau of Labor Statistics, or five percent (5%) whichever is Tess. If a price increase is requested, the Contractor must provide detailed supporting documentation to justify the requested increase. The City will evaluate the requested increase, and the City reserves the right to accept or reject. 3.4 Re -Opener Clause - Referral Fee The purpose of the Referral Fee Re -Opener Clause is to verify data to demonstrate the appropriateness of the Referral Fee. After the first twelve consecutive month period of this agreement, City shall review all tow data and develop accurate records to determine the actual number of Police and Referral Tows in the preceding twelve-month period. The Referral Fees may be adjusted up or down based upon the number of vehicles referred to the Contractor as -determined by City. If appropriate, City shall consider implementing a per vehicle referral fee to offset costs incurred by the police department in processing and administering towing services. City shall also compare and consider referral fees charged by other law enforcement jurisdictions -in San Diego County for towing. services. 3.5 Re -Opener Clause - Fee Schedule The purpose of the Fee Schedule Re -Opener Clause into provide the Contractor the ability to adjust the fee schedule consistent with the community standard for police towing in San Diego County. After the first twelve consecutive month period of this contract, the Contractor may submit a request for increase in fee schedule to the Chief of Police. The request shall include a comparison of relevant fees in each law enforcement jurisdiction in San Diego County. City shall assist and :consult with Contractor to provide Contractor with accurate data. The Chief of Police -shall make appropriate comments, recommendations and submit the material for City Council _consideration. 3.6 Re -Opener Clause - 30-Day Impound Fee (STOP) The purpose of the Re -Opener Clause, 30-Day Impound Fee is to verify data to demonstrate the tappropriateness of the 30-Day Impound Fee. After the first twelve consecutive month period of -this Agreement, City shall review all tow data and develop accurate records to determine the actualnumber of STOP vehicles held for a 30 day,period versus the number of STOP vehicles ,not held for the 30 dayperiod, in'the,preceding twelve month period. The percentage 30-day ,impound -fee may be adjusted up ordown based upon the data. 4.0 RESPONSE TIME EXCEPTIONS and PENALTY ASSESSMENT 4.1 Response Time Response time is defined as the elapsed time between the relaying of the tow service request by a Police Department Employee to the Contractor and the arrival of the specific tow truck type :re uested to fulfill the tow need on scene. (For example: NCPD Dispatch phones in a request for a low profile truck to tow an evidence hold vehicle to the underground parking lot of NCPD. The response of a NON low profile tow truck which cannot accommodate towing the vehicle 17 into the underground parking lot of NCPD does not qualify as fulfilling the Response Time requirement.) The Response Time for Towing Service shall not exceed twenty (20) minutes for tows inside the jurisdictional limits of City. Due to the limited number of out of jurisdiction towing service requests, response times shall be evaluated on an individual basis for towing service requests outside of the jurisdictional limits of City. Complaints or irregularities involving out of jurisdiction towing requests shall be managed between the Contract Administrators. Response Time is defined as the elapsed time between the relaying of the tow service request to the Contractor and the arrival of the tow truck on scene. The Contractor is expected to dispatch any available tow truck immediately upon receipt of a towing request. The Contractor is expected to notify the National City Police Communications Center when the response time requirement cannot be met. The Police Communications Dispatcher or the officer at the scene will have the discretion to cancel the tow if the response time cannot or is not met and re -dispatch to a Secondary tow Contractor, at no cost to City. "Secondary tow Contractor" refers to the next tow company in rotation. 4.2 Response Time Computation Response time is computed from the time the police dispatcher enters the request for a tow into the dispatch CAD system and the Contractor arrives on scene. The on -scene investigating officer shall notify dispatch of the tow truck arrival. The police department computer aided dispatch system shall be the final resolution of any actual time dispute regarding response times. Any failure to record relevant times by the on -duty dispatcher shall not be considered in any penalty assessment. 4.3 Response Time - Penalty Failure to arrive at the requested location within the prescribed response time may result in cancellation of the service request. The alternate Contractor may be notified. 4.4 Response Time - Penalty Assessment Contractor shall pay a five hundred dollar ($500.00) penalty, if more than five percent (5%) of the tows in any calendar month period exceed the maximum response time requirement per any single request by the City for emergency towing services. Failure to meet Response Time requirements may result in termination of this contract. 18 .5.0 ON -CALL CONTRACTOR and CONTRACTOR ROTATION SCHEDULE 5.1 Contractor On -Call & Rotation The contractor on -call rotation shall run weekly, beginning at 0000 hours on Sunday, through the following Saturday. The Traffic Division Sergeant will do the selection for the on call rotation at the beginning of each contract year. The Traffic Division Sergeant will select the contractor rotation by an impartial means agreeable to contractors involved. Should all contractors not meet an agreement as to means the Traffic Division Sergeant will make the selection, the means will be directed by the Chief of Police and the Chiefs decision will be final. Any contractor selected as the first in the rotation schedule at the beginning of a contract year will begin the first day of the contract year (whatever day of the week the contract year begins) and end that rotation on the following Sunday as to establish the Sunday through Saturday rotation cycle. It is understood that the number of contractors selected divided into the number of weeks per year may not result in each contractor having the same number of overall tow days per year. In the event this Agreement is extended pursuant to section 3.3 Option for Renewal, the schedule will continue to rotate as reflected. 6.0 GENERAL DUTIES, REQUIREMENTS and OBLIGATIONS 6.1 Business License Contractor shall at all times during the -term of this Agreement retain a valid City Business License in compliance with National City Municipal Code § 6.04 Et seq. Contractor businesses and storage lots located within the jurisdictional limits of the City of National City must conform to all City of National City building ordinances, zoning regulations, land use requirements and must have the approval of the City Planning Department. Contractor businesses and storage lots located outside the jurisdictional limits of the City of National City must xonform to all City (if located within an incorporated City) or County (if located within an unincorporated County area) building ordinances, zoning regulations, land use `requirements within the jurisdiction oflocation. =.6.2 Contractor Availability - Response to Service Requests Contractor shall be available to promptly respond twenty-four (24) hours a day, seven (7) days a week including all holidays, consistent with the On -Call and Rotation Schedule, for all requests initiated by City for towing services. Upon award of contract Tow Contractors shall operate a dispatching system. The Tow dispatching system shall be sufficiently staffed and equipped to accept all telephone calls, without delay, twenty-four (24) hours a day, seven (7) days a week. Delay is defined as the 19 City or the public receiving no answer after six (6) rings or busy signal to their telephone call. Tow Contractors using paging systems are required to respond to a page within five (5) minutes of the initial page by the City. The City does not currently have plans for adding automated tow dispatching to the existing NCPD dispatch system. Therefore the City is not requiring any contractor to purchase equipment to be used to integrate into an automated tow dispatching system. It will be up to the contractor to ensure they are able to meet the response time requirements of the contract by whatever means they deem appropriate. Since there are no current plans to add automated tow dispatching to the existing NCPD dispatch system there are no minimum requirements established for such a system upgrade at this time. 6.3 Contractor Towing Forfeited Vehicles The Contractor shall tow all forfeited vehicles, as ordered by the City. The Contractor shall not drive the forfeited vehicles except to move them within the storage facility. Use of vehicles for personal use is strictly prohibited. In the event it is found that a towed vehicle is subject to forfeiture the City shall arrange for the vehicle to be picked up from the Contractor's storage facility and the Contractor shall invoice the National City Police Department, Serious Traffic Offenders Team (STOP) for all towing and storage fees. 6.4 Contractor Availability - Vehicle Release Contractor shall be available to release vehicles to their owners, agents or authorized representatives, twenty-four (24) hours a day, seven (7) days a week including all holidays. 6.5 Business Office Contractor shall maintain a functional business office within the location of the yard used to. store police initiated tows. 6.6 Business Office Hours Contractor shall adequately staff their business office in order to remain open and available to meet the public during the normal business office hours. The business office of the Contractor shall be located within the storage yard for which a towed vehicle is located and be open to serve the public and the City from 0800 to 1800 hours, Monday through Friday, except for City observed holidays. City observed holidays are: New Years Day, Dr. Martin Luther King Jr.'s Birthday, Washington's Birthday, Caesar Chavez Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day. 20 6.7 Contractor's Employees All drivers must maintain a professional appearance. Staff shall work in a neat and clean uniform. The Contractor shall furnish staff with a shirt or some other type of outerwear bearing the company name and logo. Appropriate clothing will be worn at all times including by employees that are being trained. All employees will conduct themselves in a professional manner when interacting with the public or City employees. Within ten (10) days of provisional award the Contractor(s) shall provide the National City Police Department Traffic Division Sergeant with the names of all employees that will be assigned to the contract. The Contractor will notify National City Police Department Traffic Division Sergeant whenever a new employee is hired that is assigned to perform duties under the contract or may have access to vehicles impounded pursuant to police request. Contractor shall ensure that all tow truck drivers responding to calls initiated by the City are properly licensed, qualified and competent employees. The Contractor shall ensure all tow truck .drivers are trained and proficient in the use of the tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing and recovery of ALL vehicles. All tow truck drivers shall possess the proper class license and certificates for towing vehicles, along with a class 'A' endorsement to allow operation of special vehicle configurations and/or special -.cargos. Contractor's employeesshall be qualified to perform all work undertaken by or assigned to them. In the event a driver or the equipment is -inadequate and the Contractor is unable to service the request, a charge for service or labor will not be permitted. 6.8 Signs In compliance with California Civil Code § 3070 (E), Contractor shall display inside the business office, in plain view at .the cashier's station, a sign. Said sign shall not be less than 47 by 22 inches in size, with lettering not ;less than one inch in height, disclosingall storage fees and -charges in force, including the maximum daily storage rate. Posting of the Fee Schedule (Attachment A) in the appropriate size and lettering complies with CCC § 3070 (E). Additionally, Contractor is required by California Vehicle Code §-22850.3 (b) to display in a .conspicuous place a notice to the effect that a vehicle impounded at the direction of the Police :Department may only be released upon proof of current registration. Said notice must include the name and telephone number of the local police agency that -caused the vehicle to be stored. 6.9 Method of Payment - Towing or Storage Charges (22651.1 CVC) At a minimum, Contractor shall ,accept a valid bank credit card or cash for payment of towing and storage by the registered owner, legal owner, or the owner's agent claiming the vehicle. Pursuant to California Civil Code § 1748.1, Contractor shall not impose a surcharge on a cardholder who elects to use a credit card in lieu of cash for payment of any fees pursuant to this 21 Agreement. In addition, Contractor shall have sufficient funds on the premises to accommodate and make change in a reasonable monetary transaction. 6.10 Storage of Vehicles; City, Seized, Evidentiary Contractor shall immediately provide written notice to the National City Police Department Traffic Unit whenever a city vehicle, seized vehicle or one towed for evidentiary purposes is stored in excess of forty-eight (48) hours. Failure to provide the required written notification to the City may result in forfeiture of Contractor's right to storage fees. The Contractor shall provide invoices to the National City Police Department Operations Assistant for the towing of each City owned and each seized vehicle, and towing and storage of each vehicle for evidentiary purposes. The invoices shall include the description of the vehicle, the date, time, origin, and disposition of the towed vehicle, name and identification number of City employee authorizing the tow and/or storage, the mileage starting and finishing at destination, and an itemized cost of services provided (mileage, number of storage days) commensurate with the attached rate schedule. Invoices shall be deliveredto the National City Police Department Operations Assistant no later than the fifteenth (15th) of the month following services rendered. City shall make payment for services rendered on a monthly basis from month previous. 6.11 Removal from Private Property Pursuant to California Vehicle Code § 22658(h) a towing company may impose a charge of not more than one-half of the regular towing charge for the towing of a vehicle at the request of the owner of private property or that owner's agent pursuant to this section if the owner of the vehicle or the owner's agent returns to the vehicle before it is removed from private property. The regular towing charge may only be imposed after the vehicle has been removed from the property and is in transit. Pursuant to sub -section (i) (2), if a vehicle is released within 24 hours from the time the vehicle is brought into the storage facility, regardless of the calendar date, the storage charge shall be for only one day. Not more than one day's storage charge may be required for any vehicle released the same day that it is stored. 6.12 Notice to City - Private Property Impounds In addition to the requirements set forth in California Vehicle Code § 22658 Contractor agrees to notify the National City Police Department of all vehicle impounds from private property, within the jurisdictional limits of City, that result in storage of the vehicle. Notice shall include but not be limited to a complete description of the vehicle including the vehicle identification number, location of impound and name of property owner or agent who authorized the impound. Notice shall occur within one hour of taking possession of the vehicle. Generally, private property impounds are considered On -Demand Tows. 6.13 Gratuities (12110 CVC) Contractor or Contractor's employees shall not offer or provide City, and no City employee shall accept any direct or indirect commission, reduced fee, gift, recreation, favors, seasonal gratuity, 22 or any compensation whatsoever from Contractor. No City employee shall offer or provide Contractor with any gift, recreation, favor, seasonal gratuity, or any compensation whatsoever. No City employee is permitted to purchase a lien sold vehicle from Contractor that resulted from a police initiated tow or referral tow. City employees shall not purchase any vehicle or vehicle part from Contractor for a reduced fee or a fee below the prevailing rate as determined by industry standards. The intent of this section is to avoid the mere appearance of impropriety involving the contractual relationship. Contractor or Contractor's employees are prohibited from accepting any money or anything of value from a repair shop for delivery or the arranging of a deliverrof a vehicle for the purpose of storage or repair. Nothing in this section is intended to preclude Contractor from charging a repair shop appropriate towing fees pursuant to the Fee Schedule. No benefit provided City by Contractor, or benefit provided Contractor by City, as defined in the terms and conditions of this Agreement that resulted from the process of negotiations, shall be considered a gift or gratuity within the meaning of this section. 6.14 Tow Truck Driver - On -Scene Duties Upon arriving on -scene of a police initiated tow, the Contractor's employee shall report to the investigating Peace Officer in charge. The officer -in -charge shall make every reasonable effort to inform Contractor's employee of any unusual circumstance or hazardous oondition. -Contractor's employee shall make every reasonable effort to inform the officer -in -charge of any unusual circumstance or hazardous condition undetected by the -officer -in -charge. The officer -in -charge may request additional towing services from the Contractor's employee and the officer -in -charge shall have the authority to :waive the Response Time requirements for additional services based on the on -scene needs. Contractor's employee shall make every reasonable effort to comply with instructions or directions provided by the officer -in -charge. Contractor's employee may make any emergency alterations reasonably required to safely move and/or impound vehicles. Contractor shall be responsible for removing and appropriately disposing of collision related debris from the public right-of-way to ensure public safety. ,Contractor shall also remove or render inert any liquid debris that may reasonably) be considered a safety hazard to the public - right -of --way. If the removal of any type ;of debris or hazardous material is beyond the capability of Contractor, Contractor's employee shall inform the officer -in -charge so accotnmodations can be made. 6.15 Access to'Stored Vehicles During 'regular business hours, Contractor shall make vehicles stored at the request of City available to that vehicle's registered owner, a person who can be verified to be the registered .owner's agent, insurance agents, insurance adjusters, or representatives of automotive repair businesses for the purpose or estimating or appraising damages. ,6.16 Access to Stored Vehicles - Removal of Private Property Pursuant to California Vehicle Code § 22851(b); no lien shall attach to any personal property in or on the vehicle. The personal property in or on the vehicle shall be given to the current 23 registered owner or the owner's authorized agent upon demand. The lien holder shall not be responsible for personal property after any vehicle has been disposed of pursuant to Division 11, Chapter 10 of the California Vehicle Code. Pursuant to California Civil Code § 3068.1, the lien is deemed to arise on the date of possession of the vehicle. Possession is deemed to arise when the vehicle is removed and is in transit. 6.17 Access to Evidentiary Vehicles Vehicles impounded by City for investigative purposes pursuant to California Vehicle Code Sections 22655 or 22655.5 shall be held in maximally secured, nonpublic areas of Contractor's property, until the vehicle is released by order of City or in conformance with section 8.3 of this Agreement. No person other than a Police Officer, Reserve Police Officer, Field Evidence Technician, Property & Evidence Unit employee or Crime Scene Specialist employed by City shall remove any property or other contents from evidentiary vehicles. Property removed from such vehicles shall be recorded as removed on the content inventory and the content inventory dated and signed by the Police Officer, Reserve Police Officer, Field Evidence Technician, Property & Evidence Unit employee or Crime Scene Specialist removing the property and by a representative of the Contractor. 6.18 Invoices All invoices for towing and impounds pursuant to this Agreement shall clearly and individually itemize each and every specific charge or fee type. Daily storage fees shall be itemized on a per day basis, for example: 10 days storage @ $ per day. All itemized City fees of all types shall be documented on the invoice. The customer shall be provided no less than one copy of the invoice, after all fees have been paid and the invoice marked "Paid." 6.19 Vehicle Impound Control Card (PD form 2501 A Vehicle Impound Control Card (PD Form 250) shall be completed for all police tows. A Vehicle Impound Control Card shall also be completed for all collision tows when the police order or direct a tow for a disabled vehicle. The impounding officer shall obtain a case number and enter the case number on the control card before giving the tow truck driver a copy of the control card. Contractor shall not be liable for uncollected City or administrative fees when the Vehicle Impound Control Card (PD Form 250) is not properly completed by the impounding officer. PD Form 250 shall contain the lawful authority to impound pursuant to the California Vehicle Code. However, the impounding officer may elect to use the words "Admin Fee Applies" listed in the OTHER section of the form. 6.20 Proceeds from Lien sale In conformance with California Civil Code § 3073 and California Vehicle Code § 22850.5 the proceeds from the lien sale of any vehicle impounded pursuant to the Negligent Vehicle 24 Impound Release (NVIR) program or the Serious Traffic Offender Program (STOP) shall be distributed in the following order: 1. Any and all costs necessary to discharge the lien, including but not limited to impound and storage fees, and the costs of processing the vehicle for lien sale shall be paid to the (lien holder) Contractor. 2. Any and all City administrative fees, including individual fees or any partial fees associated with the STOP and/or NVIR programs, shall be paid to City. Any partial fees recovered by City, resulting from the lien sale, shall first be attributed to the STOP program. 3. The balance, if any, shall be forwarded to the California Department of Motor Vehicles for deposit in the Motor Vehicle Account in the State Transportation Fund. 7.0 FEES 7.1 Fee Schedule Attachment A to this Agreement provides a complete schedule of all charges and fees the Contractor will be authorized ,to collect from consumers for towing, impound, .:and storage services rendered on behalf of City. The Attachment A rate schedule shall remain in place unless and until amended by the City Council, City of National City pursuant to section 3.5 Re -Opener - Fee Schedule, of this agreement. The schedule of rates charged by the operator shall be available in the tow truck, and shall be presented upon demand to person(s) for whom the tow services were provided, or his/her agent, or any representative of the City at the scene. In the event of a significant or substantial increase in operating expenses, which was not caused by any action ofthe Towing Contractor, a temporary surcharge may be added in the current rates for any and all of the services provided pursuant to this agreement. The Towing Contractor shall petition the City for the increase in towing and storage rates and provide supporting documentation. Any surcharge is subject to approval by the City. Rate changes may -be sought at the will of the City. This process may be instituted by routine cost of service evaluation by the City or by request by the contractor. It is understood that there may be a need for rate changes during the term of the contract. Therefore, during the term of the contract,. should any contractortnake a request for rate changes, the contract Administrator will forward the request appropriately for consideration. No rate adjustments will be considered without City Council approval. Any cost -of -living increase to the tow rates shall be calculated from the Consumer Price Index ,(CPI) as published for the first quarter of each calendar year. In any year in which this index is .not available, the City shall ascertain and utilize some similar criterion and establish, retroactively, a figure for the computation. Any increase in the City Standard Rates will trigger a proportional increase in the City's Referral Fee beginning of July 1st of each contract year. 25 7.2 Secondary Tow Fees Secondary towing fees are the responsibility of the vehicle owner, operator or agent. If it is determined that City is liable for the secondary tow fees, Contractor shall charge City 50% of the Basic Tow Fee for Secondary Tows, if applicable. No storage fees shall accrue while the subject vehicle is in the actual possession of the National City Police Department. Police personnel shall not release a vehicle from the National City Police Department until all Contractor fees have been paid to Contractor by the vehicle owner, operator or agent. In the event a vehicle is released from the police department and Contractor fees were not paid, City shall be liable for the full fee. 7.3 City Vehicle Tow Fees Contractor agrees not to charge City a fee for the towing of marked or unmarked City police vehicles whether the tow resulted from mechanical breakdown or collision within the jurisdictional limits of National City. Contractor shall charge City 50% of the Basic Tow Fee for the towing of all other City vehicles whether the tow resulted from mechanical breakdown or collision within the jurisdictional limits of National City. Fees for all City vehicle tows including police vehicles, which occur outside the jurisdictional limits of National City, shall be resolved between the Contract Administrators but shall not exceed 50% of the basic tow fee. 7.4 Fees - Police Department Errors and Omissions When any vehicle has been ordered towed by City and it is established that the tote was in error through a mistake of fact, Contractor shall release the vehicle to its owner, operator or agent at no cost. Contractor shall bill City at no more than 50% of the basic tow fee. If an error by City results in a vehicle being stored longer than it can reasonably be established that it should have been, Contractor shall release the vehicle and bill the owner, operator or agent only those storage charges that would have accrued if no error had occurred. Contractor shall bill City storage fees at no more than $2.50 per day for every day beyond the owner, operator or agent's responsibility. If the error in towing or storage is discovered after the vehicle owner, operator or agent recovers the vehicle and all fees have been paid to Contractor, the owner, operator, or agent may be referred to the City Clerk, City of National City to file a Claim for Damages against City. 7.5 Referral Fee Contractor shall make quarterly Referral Fee payments to City for the right to provide towing and storage service to City. The minimum Referral Fee payment amount per Contractor shall be five thousand five hundred sixty five dollars ($5,565.) per quarter. The Referral Fee shall be payable for a period of three (3) years subject to adjustments as defined in Section 3.4 - Re - Opener Clause - Referral Fee. 26 7.6 Referral Fee - Due Date The Referral Fee payment shall be due and payable no later than the fifteenth (15th) day of the calendar month following the end of each quarter, pursuant to the following schedule: First Contract Year; Quarter End Dates 1 n Quarter — June 30, 2006 2"d Quarter— September 30, 2006 3rd Quarter — December 31, 2006 4th Quarter — March 31, 2007 Second Contract Year; Quarter End Dates 1" Quarter - June 30, 2007 2°1 Quarter September 30, 2007 3'd Quarter December 31, 2007 4th Quarter - March 31, 2008 Third Contract Year; Quarter End Dates 1" Quarter - June 30, 2008 2°d Quarter - September 30, 2008 3`d,Quarter - December 31, 2008 4t6 Quarter - March 31, 2009 7.7 .Referral Fee - Late Fee Any amountowed to the City more than fifteen (15) calendar days beyond the due date, shall be ;considered delinquent and will be in breach of contract. Failure topay any amount owed to the 'City may result in theContractor being suspended from the contract until such amount is paid. Interest will be charged on unpaid amounts at the maximum rate •permitted by law. Partial payments will not be accepted. 7.8 ;Referral Fee - Payments The Referral Fee is payable to "City of National City.'t Payments shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd. National City, CA 91950 27 Upon receipt and no later than five days from receipt, the Operations Assistant shall record and account for the Referral Fee payment consistent with the terms of this agreement and forward the payment to the City Finance Department for deposit in Revenue Account Number 001-11000- 3558. 7.9 Negligent Vehicle Impound Release (NVIR) Fee The Negligent Vehicle Impound Release Fee shall be an amount established by City. Said fee is currently fifty-five ($55) dollars. The NVIR fee is recognized as a necessary and effective method of generating those revenues necessary to off set program costs, services and facilities. The NVIR fee applies only to vehicles released by Contractor for violating certain sections of the California Vehicle Code (CVC) and/or the National City Municipal Code (NCMC). See Attachment B for a list of applicable sections. 7.10 NVIR Fee Contractor shall collect the NVIR fee of fifty-five ($55.00) dollars per vehicle, upon the release of any vehicle impounded pursuant to the above listed California Vehicle Code sections. Contractor shall remit the collected fees to City pursuant to the below listed payment schedule. The collected NVIR fees shall be properly identified, and itemized. 7.11 NVIR Fee - Payment Due Date NVIR fees collected by Contractor shall be due and payable to City no later than the fifth (5th) day of each month and the twentieth (206) day of each month. Payments due on the fifth (5th) day of each month shall include and account for all vehicles released by Contractor between the sixteenth (16th) day of the month, and the last day of the month, (inclusive). Payments due on the twentieth (20th) day of the month shall include and account for all vehicles released by Contractor between the first (1g) day of the month and the fifteenth (15th) day of the month, (inclusive). 7.12 NVIR Fee -Payments The NVIR Fee is payable to "City of National City." Payment shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd. National City, CA 91950 Upon receipt and no later than five days from receipt, the Operations Assistant shall record and account for the NVIR Fee payment, consistent with the terms of this agreement and forward the payment to the City Finance Department for deposit in Revenue Account Number 001-04049- 3551. 28 7.13 NVIR Fee Payment - Late Fee Any amount owed to the City more than fifteen (15) calendar days beyond the due date, shall be considered delinquent and will be in breach of contract. Failure to pay any amount owed to the City may result in the Contractor being suspended from the contract until such amount is paid. Interest will be charged on unpaid amounts at the maximum rate permitted by law. Partial payments will not be accepted. 7.14 Serious Traffic Offender Program (STOP) Impound Fee The Serious Traffic Offender Program Fee shall be an amount established by City. Said fee is currently one hundred fifty :($150) dollars. The STOP fee is recognized as a necessary and effective method of generating revenues necessary to off set program costs, services and facilities. Vehicles impounded by City pursuant to the STOP program shall be released by City, upon expiration of a 30-day hold and shall only be released by City upon a showing of proof that the owner, operator or agent has a valid driver's license. -Contractor shall collect STOP fees prior to the actual release of the vehicle. Contractor shall remit the collected STOP fees to City pursuant to the below listed payment schedule. The STOP fees shall be properly identified and itemized. The STOP fee applies only to vehicles impounded :pursuant to certain California Vehicle Code Sections. See Attachment C for a list of applicable sections. 7.15 STOP Impound Fees - Due Date STOP program fees collected by Contractor -shall be due and payable to City no later than the fifth (5 ) day ofeach month and the twentieth (206) day of each month. Payments due on the fifth (5a') day of each month shall include and account for all vehicles released by Contractor between the -sixteenth (16th) day of the month, and the last day of the month, (inclusive). Payments due on the twentieth (20th) day of the month shall include and account for all vehicles released by Contractor between the first (1st) day of the month and the fifteenth (15t) day of the month, (inclusive). 7.16 STOP Fee -Payment The STOP program fee is payable to "City of National City." Payment shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd. National City, CA 91950 Upon receipt and no later than five days from receipt, the Operations Assistant shall record and .account for the STOP fees consistent with the terms of this agreement. The STOP fee of one- hundred fifty ($150) dollars per vehicle shall be divided and deposited with the City Finance Department as follows: 29 Amount Revenue Account Number $125.00 191-11000-3550 $ 25.00 001-11000-3550 7.17 STOP - Late Fee Any amount owed to the City more than fifteen (15) calendar days beyond the due date, shall be considered delinquent and will be in breach of contract. Failure to pay any amount owed to the City may result in the Contractor being suspended from the contract until such amount is paid. Interest will be charged on unpaid amounts at the maximum rate permitted by law. Partial payments will not be accepted. 7.18 STOP; 30-Day Vehicle Impound Fees Pursuant to the Serious Traffic Offender Program certain vehicles are impounded and held in impound for thirty (30) days. Said vehicles accrue Contractor's daily storage fees according to the attached Fee Schedule. In addition to any other administrative fees herein identified, Contractor shall pay CITY, fifteen (15%) percent of the total storage fee, when the vehicle is held for 30 days and subsequently released to the vehicle owner, operator or agent. Any revenue recovered as a result of this section shall be used to defray and off set police costs associated with the operation of the STOP program. This fifteen (15%) percent fee shall not apply to STOP vehicles not held for the 30-day period. This fee shall apply to the lien sale process, consistent with section 6.17 of this Agreement. 7.19 30-Day Impound Fees - Due Date and Payment Revenue received as a result of section 7.18, shall be distinguished from any other administrative fee or revenue and shall be due and payable consistent with sections 7.15 through 7.17. Any proceeds received from the STOP 30-Day Vehicle Impound shall be deposited into Revenue Account Number 191-110003550. 8.0 VEHICLE RELEASE 8.1 General Rule - Vehicle Release As a general rule, Contractor shall be responsible for the release of all vehicles in Contractor's possession as a result of police initiated or referral tows. 8.2 Exceptions to General Rule Vehicles impounded pursuant to the following California Vehicle Code Sections shall not be released by Contractor. Contractor shall refer the vehicle owner, operator or agent to the police department to obtain a release: 1. 14602.6 - S.T.O.P. Program 30 2. 22651 (i) - Five or more Parking Citations 3. 22655 - Hit & Run Investigation 4. 22655.5 - Evidentiary Reasons 8.3 Hit & Run Investigation - Mandatory Release 22655(b) CVC Any vehicle impounded for- hit & run investigation (20002 -thru 20006 CVC), pursuant to the authority of California Vehicle Code § 22655, -shall be released within 48 hours after removal from highway or private property. When determining the 48-hour period, weekends, and holidays shall not be included. Any vehicle not released by City within the maximum 48-hour period, shall be released by Contractor upon demand of the vehicle owner, operator or agent upon the expiration of the 48-hour period, regardless .of City hold status. 8.4 Questions, Problems, or Controversy Associated with Vehicle Release In the event Contractor experiences problems, questions=or .-controversy associated with a customer demanding the release of a police initiated or referral tow, Contractor shall notify the --police °department. Additionally, if Contractor : discovers as questionable DMV "document, an ,officer shall be dispatched to resolve the problem. 8.5 Expert Training-.DMV Document Identification During the term of this Agreement and at Contractor's request, City -shall provide Contractor, Contractor's employees, and new employees with training in the identification and recognition of all relevant -California Department of Motor Vehicles documents including but not limited to California Drivers License and California Vehicle Registration documents. A recognized expert employed by the California Department of Motor Vehicles .shall conduct training. Training shall include but not be limited to recognition and identification of counterfeit, altered, or forged California Driver's License -and California Registration and Title Certificates. The Contract Administrators shall coordinate date, time and location of training. 9.0 MINIMUM TRUCK EQUIMENT and STORAGE LOT REQUIREMENTS During the term of :this Agreement, Contractor shall meet the following minimum tow truck equipment requirements and storage lot requirements: 9.1 Minimum Tow Truck Re uirements During the term of this Agreement, Contractor shall have available no less than three tow rigs of -at least one -ton capacity Each tow rig shall have dual rear wheels. Each vehicle used for towing police impounds shall have a manufacturer's gross vehicle weight rating (GVWR) of not less than 14,500 pounds. 31 In addition, Contractor shall have available one tow rig, commonly known as a "Sub -Garage Tow Vehicle," capable of entering and removing impounded vehicles from the underground parking garage of the National City Police Department. The sub -garage tow vehicle is a limited use vehicle and does not require dual wheels or a GVWR of 14,500 pounds. 9.2 Minimum Tow Truck Equipment Requirements Each tow truck responding to requests for police initiated towing and impound services shall be equipped with radio communications equipment capable of effecting two-way radio communications between the tow truck operator and Contractor's dispatching operation. Citizen Band radios shall not be used to meet this requirement. Each tow truck shall have a maximum 8,000 pound capacity winch that is power driven by power takeoff from transmission, in both directions, and equipped with safety dogs or an adequate braking system. Winches must be fitted with a minimum of 100 feet of cable for recovery tasks. Roll back car carriers must be fitted with a minimum of 50 feet of cable. All cable (wire rope) must be maintained in good condition. Only wire rope with swaged ends, wedge locks or braided ends, with metal sleeves in the loops shall be approved for use under the terms of this agreement. Consistent with the California Code of Regulations, Title 13, § 1305(b), wire rope is not in good condition when it is stranded, knotted, crushed, excessively rusted, kinked, badly worn, when there are 12 or more wires broken in lay length, or where there is other visible evidence of loss of strength. Contractor shall maintain dollies for use by in-service tow trucks providing police towing services to City. Each tow truck, with the exception of slide back carriers, shall carry its own set of dollies. Each tow truck shall be equipped with no less than two safety chains. No Tess than two safety chains shall be used for each vehicle being towed. Each safety chain shall be rated at no less than the rating specified by the original equipment manufacturer (OEM). The safety chains shall be securely affixed to the bed frame or wrecker boom, independent of the towing sling, bar, hitch, wheel lift, or under lift towing equipment. The towed vehicle shall be secured to the towing equipment independent of the safety chains by either two chains or two straps. All safety connections and attachments shall have a positive means, of sufficient strength, to ensure that the safety connection or attachment cannot become disengaged while in transit. Vehicles being transported on slide back carriers shall be secured by four tie down chains or straps, independent of the winch or loading cable. In addition to the requirements set forth in California Vehicle Code § 27700, City requires Contractor to equip each tow truck with red flares, lanterns or reflectors, hand tools (screw drivers, pliers, ratchet and sockets, crescent wrenches, metric and standard lug wrenches), bolt cutters, six foot crowbar, rope, broom, shovel, dustpan, fire extinguisher (dry chemical or carbon dioxide type), utility flood lamps, portable red taillights and stoplights for towed vehicles, equipment for opening locked vehicles, safety snubber chains, and a trash can with absorbent material. 32 Each tow truck shall be equipped with disposable (one time use) latex or rubber gloves for use by Contractor's employees to prevent contamination or contact with potential blood borne pathogens. The decision to use said equipment rests solely with Contractor. 9.3 Tow Truck Identification Each tow truck responding to police initiated towing and impound services shall, on both sides of the vehicle, conspicuously bear Contractor's company name, local address, and local phone number(s) in lettering that complies with California Vehicle Code § 27907. 9.4 Tow Truck Lighting Equipment Each tow truck •responding to police initiated towing and impound services shall be equipped with lighting systems as required by California Vehicle Code Sections 24605, 24606 and 25253. Additionally, tow trucks shall be equipped with utility lamp lighting systems than comply with California Vehicle Code § 25110. 9.5 California Highway Patrol Inspection Certification During each contract year of this Agreement, Contractor shall obtain and retain an annual California Highway Patrol (CHP) tow truck safety inspection certification. • Contractor shall annually be able to show proof that every vehicle providing .services to the City has passed a CHP tow truck safety inspection. Tow trucks not passing inspections or meeting the requirements of this section shall immediately be removed from rotation. The tow truck may :return to rotation once the truck has successfully passed a re -inspection by the original inspecting agency. Nothing in this section is intended to prevent, or preclude the National City Police Department from performing periodic unscheduled inspections to insure compliance with the requirements of the California Vehicle Code and this Agreement. 9.6 Tow Truck Maintenance Each tow truck responding to police initiated towing and impound services shall be well maintained and reasonably clean on the exterior and interior and should reflect the clean, professional image -of the City of National City. 9.7 Storage Lot Minimum Requirements There shall be a minimum of one (1) vehicle storage yard within ten (10) miles of the boundary of the City of National City with adequate storage capabilities for all vehicles retrieved from the City and requiring storage. The Contractor shall identify the exact location and size of any storage yards to be used pursuant to this contract. The storage yard shall be approximately 10,000 sq. ft. and have space necessary to accommodate all Police Department tows and comply with all applicable Building Codes and Zoning Regulations (including but not limited to: Fire, Sign, Zoning, and Building Codes). There shall also be the following: 33 1. Be completely enclosed by an 8-foot high fence with a lockable gate. Construction of the fence and gates must be of sufficient construction to prevent entry into the storage area of unauthorized persons or vehicles. 2. Alarms and intrusion sensors that provide immediate notification capabilities at all times or similar devices or security measures. 3. Sufficient lighting to detect unauthorized entrance at night. 4. The storage yard shall be served by drainage facilities adequate to prevent the accumulation of standing water. The vehicle storage area must remain free of mud, pools of standing water, debris, or other elements that would be harmful to the stored vehicle, vehicle contents, or to persons viewing, inspecting or recovering the vehicles. The vehicle storage area, including all driveways and access roads, shall be surfaced in a manner so as to prevent the listed conditions. An acceptable surface includes concrete, asphalt, asphaltic concrete, or decomposed granite with oil. The Contractor shall provide service to the public twenty-four (24) hours a day, seven (7) days a week so that an owner may pay towing and storage fees at the. Storage Yard where their vehicle is stored and obtain its release. The Contractor is responsible for the reasonable care, custody, security, and control of any property contained in towed or stored vehicles. All items removed from a vehicle or left stored within the vehicle shall be released to the owner or agent of the impounded vehicle upon demand during normal business hours unless the vehicle is under Police Evidence Hold. 9.8 Minimum Lighting Requirements - Storage Lot There must be adequate lighting, and all yard and office construction must comply with applicable building codes, fire codes, and zoning regulations. The minimum lighting requirements per ten thousand (10,000) square feet are in effect unless zoning or other local regulations dictate increased or diminished lighting requirements: 1. Four (4) 300-Watt incandescent medium -wide flood lights, or 2. Three (3) 300-Watt quartz halogen lights, or 3. Two (2) 100-Watt high-pressure sodium lights. 34 9.9 Vehicle Examination Area Contractor will set aside an area of sufficient size to place a standard sized passenger sedan and ,have a minimum of forty-eight (48") inches from each side, the front, and rear of the vehicle for the purpose of inspecting the vehicle. This examination area must be flat, level, and paved with concrete, asphalt or asphaltic -concrete, or other suitable all weather surfaces. 9.10 Secure Area - Evidentiary Vehicles Vehicles impounded by City for investigative purposes shall be held in a maximally secured, non-public area of Contractor's property until released by City. Contractor shall insure, by the use of various security devices and measures, including but not limited to walls, fences, containers, buildings or the like, that no unauthorized person, whether intentionally or accidentally can come into physical contact with evidentiary vehicles. Located within the storage yard, Contractor shall set aside a secure area, sufficient in size to hold four (4) vehicles, with sufficient room to walk around, open doors, and examine each separate vehicle. 10.0INSURANCE REQUIREMENTS 10.1 Minimum Insurance Requirements All required insurance, shall be submitted to the City of National City within ten (10) days of provisional award. Failure to providethe insurance certificates within the time frame specified shall be cause for .the bid to be rejected as non -responsive. The Contractor shall maintain insurance in full force and -effect during the entire period of performance under contract. Failure to do so shall be cause for -termination of the contract. - All policies must have a- thirty (30) day non -cancellation clause giving the City thirty (30) days prior written notice in the event a policy is canceled. At the end of each contract year, the City reserves the right to review insurance requirements and to require more or less coverage depending upon assessment of the risk, the Contractor's past experience, and the availability and affordability of increased liability insurance coverage. Insurance coverage must be from an insurance carrier licensed in the State of California and -rated "A-, VP' or better by the A.M. Best Key Rating Guide. All policies mustbe endorsed to provide that the insurance afforded by Contractor is primary to {any insurance or .self-insurance maintained by City and its selected officials, officers, employees, $agents, and representativesas respects operations of Named Insured. Any insurance or self insurance maintained by City and its elected ,officials, officers, -employees, agents, and :representatives shall be in excess of Contractor's insurance and shall not contribute to it. The Contractor, at its sole cost and expense, shall purchase and maintain throughout the term of this agreement, the following insurance policies: 1. Commercial General Liability for a minimum of two million dollars combined single limit per occurrence ($2,000,000.00). The City of National City must be named as an additional insured on the certificate 35 2. Automobile Liability for a minimum of two million dollars combined single limit per occurrence ($2,000,000.00). The City of National City must be named as an additional insured on the certificate. 3. Garage Keepers minimum of one million dollars per occurrence ($1,000,000.00). 4. On Hook/Cargo in amounts not less than one hundred thousand dollars ($100, 000.00). 5. Workers' Compensation coverage in accordance with the laws of the State of California. Policy must contain a Waiver of Subrogation of Rights against the City of National City. 10.2 Primary Insurance The aforementioned 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. Said policies, except the workers' compensation policy, shall name the City and its officers, agents and employees as additional insured's. 10.3 Claims Made vs. Occurrence Form 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. The policy retroactive date coincides with or precedes Contractor's commencement of work under this Agreement (including subsequent policies purchased as renewals or replacements). 10.4 Aggregate Insurance Limits Any aggregate insurance limits must apply solely to this Agreement. 10.5 Insurance Company 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 of equal financial stability that is approved by the City's Risk Manager. Any deductibles more than ten thousand dollars ($10,000) shall be declared and approved by City. 10.6 Insurance Certification Requirement 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 Purchasing Agent at 2100 Hoover Avenue National City, California 91950. 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 may terminate this Agreement as provided herein. 36 10.E Insurance Requirement - Renew Ontion If this Agreement is extended beyond its original term pursuant to section 3.3, the insurance provisions may be updated at the option of City. 10.8 Limitations of Liabilities and Obli ations The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor, and any approval of said insurance by the City, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Agreement, including, but not limited to, the provisions concerning indemnification, section 2.10. 10.9 Sub -Contractor Insurance Re uirement Contractor shall make certain that all subcontractors hired by Contractor are insured in accordance with this Agreement. If any subcontractor's coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold City harmless of and from any damage, loss, cost, or expense, including attorneys' fees. 11.0 CONSTRUCTION of AGREEMENT The parties acknowledge and agree that (1) each party is of equal bargaining strength; (2) each party has actively participated in the drafting, preparation and negotiation of this Agreement; (3) 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; -(4) each party and such party's counsel and advisors have reviewed this Agreement; (5) each party has agreed to enter into this Agreement following such review and the rendering of such advice; and (6) 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 attachments, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Nick Inzunza, Mayor APPROVED AS TO FORM: °George H. Eiser, III City Attorney, City of National City By: MOYNAHAN TOWING Tom Moynaha (Title) 37 ATTACHMENT A TOWING FEE SCHEDULE SERVICE • BASIC TOWING Includes First Hour Hookup, Labor, Standby Time, for vehicles Under 9,500 GVW (unloaded). FEE $135.00 • MEDIUM SIZE - BASIC TOWING INCLUDES FIRST HOUR HOOKUP, LABOR, STANDBY TIME, FOR VEHICLES OVER 9,500 GVW BUT LESS THAN 22,000 $150.00 • LARGE SIZE - BASIC TOWING INCLUDES FIRST HOUR HOOKUP, LABOR, STANDBY TIME, FOR VEHICLES OVER 22,000 GVW (UNLOADED). $200.00 • ON -SCENE OR STAND-BY LABOR = EACH 15- MINUTE INCREMENT, BEYOND FIRST HOUR IS CHARGED ONLY WHEN EXTRA ORDINARY LABOR MUST BE EXPENDED TO RECOVER A VEHICLE. STAND-BY IS CHARGED WHEN THE JOB CANNOT BE STARTED AND MUST BE EXPLAINED ON THE TOW BILL. $35.00 • DOLLIES WILL ONLY BE USED WHEN THERE IS NOT A LESS EXPENSIVE, SAFE MANNER OF HANDLING THE SITUATION. $50.00 • DRY RUN MAY ALSO BE KNOWN AS A "HOOK-UP — DROP FEE" AND IS CHARGED WHEN THE VEHICLE IS HOOKED UP AND THE OWNER RETURNS BEFORE THE VEHICLE IS IN TRANSIT. $60.00 • PER MILE TOWING APPLIES ONLY TO VEHICLES RECOVERED OUTSIDE THE JURISDICTION OF THE CITY OF NATIONAL CITY. $5.00 • MAXIMUM STORAGE - PER DAY Per day is defined as a 24- hour period. $35.00 • STORAGE PER HOUR Up to maximum of $35.00 per day. $5.00 • AFTER HOURS VEHICLE RELEASE After 6PM and before 8AM including weekends and all holidays. $50.00 38 • NOTIFICATION OF LIEN SALE Vehicle valued at less than $4.000, (22851.12 CVC). $'70.00 • NOTIFICATION OF LIEN SALE Vehicle valued at over $4,000. (22851.12 CVC). • POLICE EQUIPMENT TOWING Inside jurisdictional limits of National City. $100.00 No Charge • CITY EQUIPMENT TOWING Includes all City vehicles. Also includes police vehicles towed from outside jurisdictional limits of National City. $50.00 CITY ADMINISTRATIVE FEE'S • -NEGLIGENT VEHICLE IMPOUND RELEASE FEE $55.00 • SERIOUS TRAFFIC. OFFENDER PROGRAM FEE $150.00 39 ATTACHMENT B Pursuant to Section 7.9 of this Agreement, the Negligent Vehicle Impound Release Fee shall apply to vehicles impounded pursuant to the following California Vehicle Code sections and/or National City Municipal Code sections. One or more the listed sections must be included on the impounding documents. 22500 Et seq. 22500.1 22651 (a) 22651 (b) 22651 (d) 22651 (e) 22651 (h) 22651 (i) 22651 (j) 22651 (k) 22651 (1) 22651 (m) 22651 (n) 22,651 (o) (1) 22651 (p) 22651 (r) 22652 22653 (c) 22655 (a) California Vehicle Code Prohibited Stopping, Standing, or Parking Prohibited Stopping, Standing, or Parking: Fire Lane Unattended on Bridge Hazard to flow of traffic Blocking a driveway Blocking fire hydrant access Operator taken into custody - not practical to park or lock Unpaid parking citations Illegally parked and. no evidence of registration displayed Parking over 72 hours Temporary tow away signs for street repair Highway authorization for other use, with 24-hour notice No parking tow away signs posted Expired registration in excess of six months Unlicensed or suspended/ revoked license in violation of 12500, 14601,14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604. Illegally parked, blocking a legally parked vehicle Illegally parked in designated handicapped parking space Removal from private property, at request of property owner, when operator is taken into custody Hit & Run suspect vehicle 40 22656 Illegally parked or abandoned within 7 '/2 feet of nearest railroad rail 22669 Et seq. Removal of Abandoned Vehicles as determined pursuant to section 22523 CVC National City Municipal Code 11.32.060 Illegally parked - 72 hour violation - vehicle removal 11.32.070 Illegally parked - Restricted hours - vehicle removal 11.32.160 Illegally parked - Emergency parking - vehicle removal 11.32.250 (e) Illegally parked - Taxi Stand - vehicle removal 41 ATTACHMENT C Pursuant to Section 7.14 of this Agreement, the Serious Traffic Offender Program Fee shall apply to vehicles impounded pursuant to the following California Vehicle Code Sections. One or more of the following sections must be included on the impounding documents. 22651(p) 22651(h)(2) 14602.6 California Vehicle Code Includes Sections 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5 or 14604. Upon service of notice of an order of Suspension or Revocation, pursuant to 13388 CVC. Unlicensed, Suspended or Revoked and involved in traffic collision. Sub -section (b) - Certified Mail, 2-day notice to legal owner. Failure to notify legal owner results in maximum fee for 15 days vehicle storage. 14602.7 Fleeing a Peace Officer - Court Order upon affidavit of Peace Officer, to seize vehicle, not to exceed 30 days. Failure to notify legal owner (2 days notice) results in maximum fee for 15 days vehicle storage. 14607.6 Impoundment and Forfeiture of Motor Vehicle. 42 02/17/2006 11:23 FAX 805 384 8036 CENTERPOINTE @1001 CENTERPOINTE P INSURANCE SERVICES, LTD. Callfornfa License #0735759 807 B CAMARILLO SPRINGS ROAD, CAMARILLO, CA. 93012-9463 805-384-1166, 800-451-8766 FAX: 805-384-8036 E-MAIL ADDRESS LOutsC@CPIINS-Coif CENTERPOINTE FAX MESSAGE TO: TOM AMOYNAHAN'S DATE: 2-17-06 FAX #: 1.619-477-6589 ATTN: TOM MOYNAFIAN FROM: LPU CIARIMMOL,l RE: Umbrella policy for National Cit&+police Tow contract TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: Dear Tom; I have applied for the Umbrella coverage required by your new National City police Tow contract. The additional million limits will be in place for the 4-1-06 seat of the contract. The carrier is an "A" rated, California admitted company, TOPA Insurance and -we will issue new certificates for the contracts at 2 million General Liability and 2 million Auto Liability well in advance of the 4-106 atmt date. Ifyou have anygueations, please feel free to contact me. SIGNED: LOU CIARIMBOLI 02/17/2006 11:23 FAX 805 984 8096 CENTERPOINTE rd1002 CENTERPOINTE INSURANCE SERVICES, LTD. California License #0735759 807 B CAMARILLO SPRINGS ROAD, CAMARILLO, CA. 93012-9463 805-384-1166,'800-451-8766 FAX: 805-384-8036 E-MAIL ADDRESS LOUISC®CPIINS.COM TO: Lemac & Assoc PAX #: CENTERPOINTE FAX MESSAGE ATIN: Barbara Higgins FROM: LOU CLARIMBOLI RE: TOM MOYNAHAN'S DATE: 2-17-06 TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: DA.ua DmLa te, Aetea.L.wl 1, uyto rat Llµw. Ltaldlity peoll"7 A. via Ileau.al, Twee lefAq a 1 'o. T L weul^'u] jetat renewed their National City police tow conmaoi eft 4-1-06 and the new contract re arcs deem to have 2 mm liability limits for CIL and AL,_ Please quote this asap for short teen policy 4-1-06 to 8-1-06 renewal and we will annualize the policy et them time. Please advise if there is any other information you will require to place this oovcrege on behalf of our client. SIGNED: LOU CIARIMBOLI PRODUCER ACORDTM CERTIFICATE OF LIABILITY INSURANCE Centerpointe Insurance Service California License 80735759 807 - B Camarillo Spring's Road INSURED THOMAS MOYNAHAN DBA: TOM MOYNARANrS 3200 NATIONAL CITY BLVD. NATIONAL CITY, CA 90255 COVERAGES 1 Towne PATE (MM/DD/YYYYI na /n'1 /inn THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 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 NAICN INSURER A: LINCQT.N C,P.NR,R,AJ, TNArTp .$ CO —'_--- INSURER B: INSURER C INSURER 0: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY 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 INSR - OD' POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTA SRO TYPE OF INRI PRANCE POLICY NUMBER A GENERAL UABILTTY LTP100210-03 COMMERCIAL GENERAL UABILITY CLAIMS MADE 1>LJ OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POUCY n PRO- [ 1 JECT I I LOC AUTOMOBILE UABIUTY x r ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OW NEO AUTOS GARAGE LIABILITY ANY AUTO LTP100210-0] PnOUCY EFFECTIVE 08/05/2005 08/05/2005 POLICY EXPIRATION DATE fMMND/YYI 08/05/2006 08/05/2006 LIMBS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS-COMP/OP AGG COMBINED SINGLE LIMIT (Ea accdent) 000ILY INJURY (Per person) s 4.Dli, 000_ s ]0a.000, $ 5.000 s � one eoe s 2,000,000 2,non,00n 1,non.000 BODILY INJURY (Per accident) EXCESSAJMBRELLA LIABILITY IOCCUR n CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' UABIL(TY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS be)ow A OTHER ON-ROOK/CARGO PROPERTY DAMAGE 1Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EA ACC EACH OCCURRENCE AGGREGATE AGG s s s 1 LTP100210-03 08/05/2005 08/05/2006 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS WC STATU- TORY LIMITS E.L. EACH ACCIDENT OTH- ER E.L. DISEASE • EA EMPLOYEE F.L. DISEASE - POLICY LIMIT PER VEH.SCRRD $1000 DEDUCTBL 4 4 150000 , GARAGEKEEPERS LEGAL LIABILITY- $150,000 LIMIT: UNINSURED MOTORIST BODILY INJURY - $60,00 LIMIT CERTIFICATE HOLDER CITY OF NATIONAL CITY BUSINESS LICENSE DIVISION 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950-4397 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 G DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EIUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATI ACORD 25 (2001 /08) 1 \; City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 7, 2006 AGENDA ITEM NO. 18 ITEM TITLE Design Review: Approval of "Harbor View Condominiums" project design review pursuant to Downtown Specific Plan Consistency Review (DSP-2005-2). Location: 404 E. 8th Street, 419 E. 9th Street, and 829 D Avenue. Applicant: Gulf Unlimited Corporation. PREPARED BY Raymond Pe, AICP Redevelopment Projects Manager DEPARTMENT Community Development Commission EXPLANATION On December 13, 2005, the Community Development Commission Board approved Consistency Review (DSP-2005-2) for a proposed mixed -use project ("Harbor View Condominiums") subject to a condition that the applicant address the findings of the project design review and make the appropriate changes to the project design and architecture, subject to approval of the City Council. The applicant subsequently met with CDC staff and the design review consultant to address the findings, and has resubmitted revised plans. Staff and the design review consultant have reviewed the revised plans and are satisfied with the changes. Environmental Review Not applicable Financial Statement Not applicable Account No STAFF RECOMMENDATION Staff recommends that the City Council approve the revised plans (DSP- 2005-21 dated 03/07/06. BOARD / COMMISSION RECOMMENDATION Not applicable ATTACHMENTS ' 1. Plans (DSP-2005-2), dated 03/07/06 L Resolution No. A-200 (9/80) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING THE "HARBOR VIEW CONDOMINIUMS" PROJECT DESIGN REVIEW PURSUANT TO DOWNTOWN SPECIFIC PLAN CONSISTENCY REVIEW (DSP-2005-2). LOCATION: 404 E. 8TH STREET, 419 E. 9TH STREET, AND 829 D AVENUE. APPLICANT: GULF UNLIMITED CORPORATION WHEREAS, Gulf Unlimited Corporation filed an application for Downtown Specific Plan Consistency Review; and WHEREAS, the Community Development Commission Board considered the application at a duly advertised public hearing held on December 13, 2005 at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the Community Development Commission Board considered the recommendation and findings of the staff report contained in Case File No. DSP-2005-2, which is incorporated herein by reference, along with the evidence and testimony at said hearing; and WHEREAS, at the conclusion of the public hearing the Community Development Commission Board approved Downtown Specific Plan Consistency Review (DSP-2005-2), subject to conditions of approval and based on findings of fact; and WHEREAS, the conditions of approval of Downtown Specific Plan Consistency Review (DSP-2005-2) require the applicant to address the findings of the project design review and make the appropriate changes subject to approval of the City Council of the City of National City; and WHEREAS, Community Development Commission staff and the design review consultant have reviewed the revised plans and recommend that the City Council adopt a resolution approving the design review; and WHEREAS, the City Council has considered the recommendation of Community Development Commission staff together with the revised plans; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City, California hereby approves the revised plans (DSP-2005-2), dated March 7,2006 for the Harbor View Condominiums Project. PASSED and ADOPTED this 7th day of March, 2006. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor - 2 - City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 7, 2006 AGENDA ITEM NO 19 ITEM TITLE Resolution of the City Council of the City of National City approving the "Harbor View Condominiums" project design review pursuant to Downtown Specific Plan Consistency Review (DSP-2005-2). Location: 404 E. 8th Street, 419 E. 9th Street, and 829 D Avenue. Applicant: Gulf Unlimited Corporation. PREPARED BY DEPARTMENT Raymond Pe, AICP Community Development Commission Redevelopment Projects Manager EXPLANATION The attached resolution must be adopted if the City Council takes action to approve the "Harbor View Condominiums" project design review as recommended. Environmental Review Not applicable Financial Statement Not applicable Account No STAFF RECOMMENDATION Staff recommends that the City Council adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable ,ATTACHMENTS 1. Resolution Resolution No. A-200 (9/80) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING THE "HARBOR VIEW CONDOMINIUMS" PROJECT DESIGN REVIEW PURSUANT TO DOWNTOWN SPECIFIC PLAN CONSISTENCY REVIEW (DSP-2005-2). LOCATION: 404 E. 8TH STREET, 419 E. 9TH STREET, AND 829 D AVENUE. APPLICANT: GULF UNLIMITED CORPORATION WHEREAS, Gulf Unlimited Corporation filed an application for Downtown Specific Plan Consistency Review; and WHEREAS, the Community Development Commission Board considered the application at a duly advertised public hearing held on December 13, 2005 at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the Community Development Commission Board considered the recommendation and findings of the staff _report contained in Case File No. DSP-2005-2, which is incorporated herein by reference, along with the evidence and testimony at said hearing; and WHEREAS, at the conclusion of the public hearing the Community Development Commission Board approved Downtown Specific Plan Consistency Review (DSP-2005-2), subject to conditions of approval and based on findings of fact; and WHEREAS, the conditions of approval of Downtown Specific Plan Consistency Review (DSP-2005-2) require the applicant to address the findings of the project design review and make the appropriate changes subject to approval of the City Council of the City of National City; and WHEREAS, Community Development Commission staff and the design review consultant have reviewed the revised plans and recommend that the City Council adopt a resolution approving the design review; and WHEREAS, the City Council has considered the recommendation of Community Development Commission staff together with the revised plans; and WHEREAS, this action is taken pursuant to all applicable procedure's required by State law and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City, California hereby approves the revised plans (DSP-2005-2), dated March 7,2006 for the Harbor View Condominiums Project. PASSED and ADOPTED this 7th day of March, 2006. ATTEST: Michael R. Dalia, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor 2- City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 7 7006 AGENDA ITEM NO 20 / ITEM TITLE Design Review: Approval of "Marinus" project design review pursuant to Downtown Specific Plan Consistency Review (DSP-2005-6). Location: 241 National City Boulevard and 35 East 3rd Street. Applicant: Paladin Partners. PREPARED BY Raymond Pe, AICP Redevelopment Projects Manager DEPARTMENT Community Development Commission EXPLANATION On November 22, 2005, the Community Development Commission Board approved Consistency Review (DSP-2005-6) for a proposed mixed -use project ("Marinus") subject to a condition that the applicant address the findings of the project design review and make the appropriate changes to the project design and architecture, subject to approval of the City Council. The applicant subsequently met with CDC staff and the design review consultant to address the findings, and has resubmitted revised plans. Staff and the design review consultant have reviewed the revised plans and are satisfied with the changes. Environmental Review Not applicable Financial Statement Not applicable Account No STAFF RECOMMENDATION Staff recommends that the City Council approve the revised plans (DSP- 2005-61_ dated 03/07/06_ BOARD / COMMISSION RECOMMENDATION Not applicable ATTACHMENTS 1. Plans (DSP-2005-6), dated 03/07/06 Resolution No. A-200 (9/80) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 7 2006 AGENDA ITEM NO 21 ITEM TITLE Resolution of the City Council of the City of National City approving the "Marinus" project design review pursuant to Downtown Specific Plan Consistency Review (DSP-2005-6). Location: 241 National City Boulevard and 35 East 3rd Street. Applicant: Paladin Partners. PREPARED BY Raymond Pe, AICP Redevelopment Projects Manager DEPARTMENT Community Development Commission EXPLANATION The attached resolution must be adopted if the City Council takes action to approve the "Marinus" project design review as recommended. Environmental Review Not applicable Financial Statement Not applicable Account No STAFF RECOMMENDATION Staff recommends that the City Council adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable ,ATTACHMENTS `t. Resolution Resolution No. A-200 (9/80) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING THE "MARINUS" PROJECT DESIGN REVIEW PURSUANT TO DOWNTOWN SPECIFIC PLAN CONSISTENCY REVIEW (DSP-2005-6). LOCATION: 241 NATIONAL CITY BOULEVARD AND 35 EAST 3RD STREET. APPLICANT: PALADIN PARTNERS WHEREAS, Paladin Partners filed an application for Downtown Specific Plan Consistency Review; and WHEREAS, the Community Development Commission Board considered the application at a duly advertised public hearing held on November 22, 2005 at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the Community Development Commission Board considered the recommendation and findings of the staff report contained in Case File No. DSP-2005-6, which is incorporated herein by reference, along with the evidence and testimony at said hearing; and WHEREAS, at the conclusion of the public hearing the Community Development Commission Board approved Downtown Specific Plan Consistency Review (DSP-2005-6), subject to conditions of approval and based on findings of fact; and WHEREAS, the conditions of approval of Downtown Specific Plan Consistency Review (DSP-2005-6) require the applicant to address the findings of the project design review and make the appropriate changes subject to approval of the City Council of the City of National City; and WHEREAS, Community Development Commission staff and the design review consultant have reviewed the revised plans and recommend that the City Council adopt a resolution approving the design review; and WHEREAS, the City Council has considered the recommendation of Community Development Commission staff together with the revised plans; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. -1- NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City, California hereby approves the revised plans (DSP-2005-6), dated March 7, 2006. PASSED and ADOPTED this 7th day of March, 2006. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser,, III City Attorney Nick Inzunza, Mayor -2- City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 7, 2006 AGENDA ITEM NO. (---- ITEM TITLE Report on Outdoor Display and Sale of Merchandise 22 PREPARED BY Angela Reeder, 336-4310 DEPARTMENT Planning EXPLANATION See attached report. Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION That City Council consider the report and provide direction to staff. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Background Report Resolution No. A-200 (9/99) March 7, 2006 REPORT ON OUTDOOR DISPLAY AND SALE OF MERCHANDISE At the February 21, 2006 City Council meeting, Francis Pauls, a local business owner, spoke under oral communications about the City Code with regard to the outdoor display and sale of merchandise and his desire to have outdoor sales at his business (Don John Market at 431 N. Highland). At the Council's request; staff has prepared this report describing National City's current requirements, with the intent to provide general information on outdoor merchandise display. Currently, National City allows a number of specific uses in commercial and industrial zones to display their merchandise outdoor on the same site; these uses include service stations, auto dealers, recreational vehicles sales lots, nurseries, licensed flower shops, and building material yards. Businesses are also allowed to display newspapers, magazines, and other printed materials outdoor for sale on their business property. All other businesses in the commercial and industrial zones are permitted to have two special promotions per calendar year with outdoor displays, not to exceed three consecutive days each. Temporary Use Permits (TUPs) are also available for businesses, but only apply for special events, not daily operations. The Land Use Code also includes a provision which allows the Planning Director to make a determination that the display of materials in other businesses would be customary with a type of business and consistent or comparable to the types of uses called out in the Code. The City Council has in years past added a number of provisions to the Municipal Code prohibiting outdoor sales of merchandise from private property and the public right-of-way, when the sales activity is directed to motorists. A common example of the prohibited activity is the sale of flowers from street comers. These prohibitions were adopted with the public safety in mind, rather than being based on aesthetic or land use considerations. It is assumed for purposes of this report that the City Council has no interest in eliminating or changing this type of regulation. There are generally potential benefits and drawbacks for a community in any land use policy question. Potential benefits of outdoor sales at a business could include: increased activity on the street, additional `eyes on the street' for security, and increased sales and visibility for the business. However, improperly managed sites could also lead to potential problems if outdoor merchandise is cluttered, in an inappropriate area, if the display takes away from the appearance of the site, or if inadequate space for merchandise results in an impact on parking or circulation. If food is involved, there are also potential health issues. It should also be noted that there has been a great deal of code enforcement activity over the years relating to unauthorized outdoor sales. In conclusion, any changes proposed to the current outdoor display requirements for businesses would require additional research by staff, as well as Planning Commission and City Council public hearings. ITEM #23 3/7/06 NATIONAL • CITY •TRANSIT MONTHLY REPORT FEBRUARY-2006 Technology 1. The joint NCT-NCPD Security camera pilot project is progressing for placement of Real Time video cameras along a NCT bus route and our project will tie into the NCPD communication Center for direct viewing. We estimate full installation of a probable four (4)-camera system by the end of the 1st quarter in 2006 at a bus stop location yet to be determined. 2. NCT is evaluating the capability for the new RCS radio system to provide Automatic Vehicle Location (AVL) as part of operations. One benefit would be to provide advance passenger notification of arriving vehicles at selected Bus Stops and Trolley Stations. PERFORMANCE DIVIDENDS MONTH JAN-05 DEC- 05 JAN-06 Ridership : 121,233* 138,876* 136,726* Passengers per mi. 3.13 3.36 3.42 Passengers per hr. 35.64 39.51 39.39 Revenue miles: 38,748 41,306 39,989 Revenue Hours: 3,402 3,515 3,471 Fare Box recovery (revenue vs. expense) 43.6% N/A** N/A** * One less weekend service day due to Holiday on Dec 256 (Christmas) * One less weekend service day due to Holiday on January 1st (New Years Day) ** Data delayed due to submission dates PERFORMANCE DIVIDENDS MONTH JAN-05 DEC-05 JAN- 06 Road Calls 07 02 01 Preventable Accidents 03 0 0 Ramp deployments 435 521 534 Our on -time performance 95.3% 94.2% 92.0% Customer Complaints 05 0 01 Customer Compliments 04 01 0 522 West 8th St, • National City, California 91950-1004 • (619) 474-7505 Fax (619) 474-2058 McDonald Transit Associates, Inc., Contract Operator for NCT 1 Maintenance: NCT vehicles used 12,374 gallons of low sulfur diesel fuel in January. The average price per gallon was 2.044 compared to $2.03 in December. NCT maintenance personnel performed 14 Preventative Maintenance Inspections (PMI's) and made 28 minor repairs consisting of engine "0" rings, anchor pins, axel cover seal, clearance lamps, decals tires & starters. We also made 11 major repairs consisting of brake replacements and inner & outer wheel seals to our fleet vehicles in January. MTS-COA MTS is in Phase II of their "Comprehensive Operational Analysis" (C.O.A.) which as its goal is to "Evaluate and restructure MTS services and operations to more efficiently serve the region's transit needs and, meet operational transportation goals within the constraints of the current financial and operatingenvironment." Phase II is focusing on achieving long-term financial sustainability through increased ridership, productivity, and operational efficiency. A draft proposal has been approved by the MTS Board of Directors for public hearings in March 2006. NCT participates and is a member of many standing Transportation Committees at MTDB and SANDAG such as the Transit Services and Facilities Committee (TSFC), Operators Advisory Committee (OAC), Capital Improvement Plan (CIP), Uniform Fare Working Group, Security Critical Incident )mmittee (SCIC), Transit Research Working Group, Accessible Services Advisory Committee (ASAC), dnd South County EDC Transportation Committee. NCT is a member of the California Transit Association (C.T.A) and the American Public Transit Association (A.P.T.A.) and we are an active advocate for Local, Regional, and National Transit related issues. NCT staff directly participates on the NC Chamber of Commerce Community Promotions, Military Affairs, Economic Development and Public Safety Committees and I am extremely proud to have served as the NC Chamber of Commerce President through February 2006. I am also a participant on the NCPD Chief of Police advisory and safety camera/ procedures and policies committees and have accepted volunteer positions on the Board of Directors for Morgan Square (PBID) and possibly the newly formed NC Public Safety Foundation. Community Collaboration NCT is also committed to working with the National City Community and residents through direct participation in Community projects and organizations as volunteers or sponsors. NCT is also willing to evaluate, and assist whenever possible to help meet the transportation needs of NC departments and organizations on a case -by -case basis for special or annual events. Submitted: F ruary;10, 200.6- t"Y - John P. Webster Sr. Vice President -General Manager National City Transit 7 160,000 155,000 150,000 145,000 140,000 135,000 130,000 125,000 120,000 115,000 TOTAL RIDERSHIP ■Dec-05 ■ Jan-06 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE5 March 7, 2006 AGENDA ITEM NO. 24 (TEM TITLE Ratification of Expenditures for the period of 02/16/06 through 02/24/06 in the amount of $454,875 PREPARED BY Chris Zapata DEPARTMENT EXPLANATION 619-336-4240 CDC— Finance In accordance with the By -Laws of the Community Development Commission of the City of National City, attached are the expenditures for the period of 02/16/06 through 02/24/06. Environmental Review ✓ N/A Financial Statement Total expenditures for the period of 02/16/06 through 02/24/06 amount to $454,875. Account No. N/A STAFF RECOMMENDATION Ratify expenses. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Detailed expenditures for the period 02/16/06 through 02/24/06. Resolution No. A-200 (9/80) Payee CDC CORNERSTONE BUILDING GROUP CORPORATE EXPRESS INC DPRA INC. ESTRADA LAND PLANNING FEDEX KINKOS FERNANDEZ, GLORIA HARRIS & ASSOCIATES KLEINFELDER,INC. OPPER & VARCO LLP PETTY CASH - CDC POWER PLUS RORF. SAFDIE RABINES ARCHITECTS SAN DIEGO GAS & ELECTRIC UNIDEV LLC. VELASCO, XAVIER NUTRITION AIRGAS - WEST CALIFORNIA BAKING CO. CENTRAL MEAT & PROVISION JOSEPH WEBB FOODS MCGUIRE DISTRIBUTION MISSION UNIFORM SERVICE PADRE JANITORIAL SUPPLIES, INC PRO -EDGE KNIFE REEDS RESTAURANT EQUIP. SVC. SYSCO SAN DIEGO 2004 TAX ALLOCATION BONDS REYES ARCHITECTS HOUSING ASSISTANCE PAYMENTS PETTY CASH - CDC FOR MEETING OF MARCH 7, 2006 RATIFICATION OF EXPENDITURES FOR PERIOD: 02/16/06 - 02/24/06 Description PROFESSIONAL SERVICES FOR PLAYHOUSE ON PLAZA CDC OFFICE SUPPLIES ENVIRONMENTAL CONSULTING EPA GRANT PROFESSIONAL SERVICES FOR HIGHLAND AVE MEDIANS SPECIAL PRINTING SERVICES THRU 09/12/05 INVALID ACCOUNT #, REJECTED BY BANK -PPE 02/10/06 PROFESSIONAL SERVICES FOR HIGHLAND & FOODLAND ENVIRONMENTAL CONSULTING -NC BLVD 7-12TH LEGAL SERVICES FOR PARK VILLAGE REPLENISHMENT OF PETTY CASH FUND EQUIPMENT RENTAL - AQUATIC CENTER ENVIRONMENTAL CONSULTING PUBLIC WORKS YARD ARCHITECTURAL SERVICES - AQUATIC CENTER STREET LIGHTS INSTALLATION AT ETA STREET CONSULTING SERVICES FOR VILLAGE PROJECT REIMBURSEMENT HOTEL CHGS AT BALTIMORE 01/24-27-06 SUBTOTAL - CDC: MONTHLY FEES FOR HELIUM FOOD FOOD FOOD & CONSUMABLES FOOD LINEN SERVICE JANITORIAL SUPPLIES SHARPENING SERVICES EQUIPMENT REPAIRS FOOD & CONSUMABLES SUBTOTAL - NUTRITION: Chk No 15776 15777 15778 15779 15780 15781 15782 15784 15787 15789 15790 15794 15795 15796 15798 15799 15773 15774 15775 15783 15785 15786 15788 15791 15792 15797 PROFESSIONAL SERVICES FOR NATIONAL CITY ART CENTER 15793 SUBTOTAL - 2004 TAX ALLOCATION BONDS: TOTAL -GENERAL FUND: Min ?s7FgF MANUAL PAYMENTS REPLENISIMENT OF PETTY CASH FUND TOTAL - SECTION 8: 10153 Amount $6,880.00 252.93 6,730.44 20,848.93 100.00 378.91 2,163.50 228.00 8,859.29 167.14 175.00 9,905.00 20,762.47 98,366.00 51,746.39 475.89 $228,039.89 $19.90 131.50 5,484.19 1,858.18 289.95 39.27 387.91 40.00 329.05 2,119.22 $10,699.17 200,425.00 $200,425.00 $439,164.06 TIERS $15,696.50 14.00 $15,710.50 TOTAL OF ALL FUNDS: $454,874.56 1 City of National City, California COUNCIL AGENDA STATEMENT NIEETING DATE5 March 7, 2006 AGENDA ITEM NO. 25 (-ITEM TITLE Resolution of the Community Development Commission of the City of National City authorizing the expenditure in the amount not to exceed 86,670 for Infrastructure Engineering Corporation to prepare the Downtown Specific Plan Utilities Impact Report. PREPARED BY Jeanette Ladr : • CPA 619-336-4251 DEPARTMENT CDC— Finance EXPLANATION On February 21, 2006, the City Council approved a resolution for a work order with Infrastructure Engineering Corporation to prepare the Downtown Specific Plan Utilities Impact Report and authorized the City Engineer to sign the work order. Since the funding source is the Community Development Commission of the City of National City, it is necessary for the Chairman and members to authorize the expenditure. Environmental Review ✓ N/A Financial Statement The work order is for an amount not to exceed $86,670. Funds are budgeted and available in project account number 900210. Account No. N/A STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. A-200 (9/80) RESOLUTION NO. 2006- A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING EXPENDING AN AMOUNT NOT TO EXCEED $86,670 FOR INFRASTRUCTION ENGINEERING CORPORATION TO PREPARE THE DOWNTOWN SPECIFIC PLAN UTILITIES IMPACT REPORT WHEREAS, The Redevelopment Plan for the National City Redevelopment Project calls for the elimination and prevention of blight in the Redevelopment Project; and; WHEREAS, the Downtown Specific Plan was adopted by the Community Development Commission of the City of National City on February 1, 2005 to set guidelines for the redevelopment of National City's downtown; and WHEREAS, the Downtown Specific Plan area is within the National City Redevelopment Project; and WHEREAS, the upgrade of utility infrastructure systems is necessary for redevelopment and of benefit to the Downtown area of the National City Redevelopment Project; and WHEREAS, the Community Development Commission of the City of National City appropriated adequate funds in the 2005-2006 fiscal year budget to obtain an engineering report which will indicate what utility upgrades are necessary. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of National City hereby authorizes expending an amount not to exceed $86.670 for Infrastructure Engineering Corporation to prepare the Downtown Specific Plan Utilities Impact Report. PASSED, APPROVED AND ADOPTED this 7"' day of June, 2006. Nick Inzunza, Chairman ATTEST: Chris Zapata, Executive Director City of National City, California COUNCIL AGENDA STATEMENT MEETING DATES March 7, 2006 AGENDA ITEM NO. 26 (TEM TITLE Resolution of the Community Development Commission of the City of National City approving the expenditure with MBIA MuniServices to provide interim administrative consulting services. PREPARED BY EXPLANATION On February 21, 2006, the City Council approved a resolution authorizing the Mayor to execute an agreement with MBIA MuniServices to provide interim administrative consulting services for the Community Development Commission of the City of National City. Since the funding source is the Community Development Commission of the City of National City, it is necessary for the Chairman and members to authorize the expenditure. DEPARTMENT CDC —Finance Jeanette Ladrid 619-336-4251 Environmental Review ✓ N/A Financial Statement Funds are budgeted and available in the CDC administrative account 360-461-505-213-0000. Account No. N/A STAFF RECOMMENDATION Approve Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. A-200 (9/80) RESOLUTION NO. 2006 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING THE EXPENDITURE WITH MBIA MUNISERIVCES TO PROVIDE INTERIM ADMINISTRATIVE CONSULTING SERVICES WHEREAS, on February 21, 2006, the City Council authorized the Mayor to execute an agreement with MBIA MuniServices to provide interim administrative consulting services for the Community Development Commission of the City of National City; and, WHEREAS, the Community Development Commission of the City of National City will receive a direct benefit of the administrative consulting services and has determined that the expenditure is an appropriate use of redevelopment funds. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City approve the expenditure with MBIA MuniServices to provide interim administrative consulting services. PASSED and ADOPTED this 7th day of March 2006. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney