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HomeMy WebLinkAbout2009 07-07 CC CDC AGENDA PKTAgenda Of A Regular Meeting - National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — July 7, 2009 — 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. ROLL CALL Pledge of Allegiance to the Flag by Mayor Ron Morrison 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 (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcityca.qov CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 7/7/2009 - Page 2 PRESENTATIONS 1. Stimulus Update. (City Manager's Office) CITY COUNCIL 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 City Council/Community Development Commission Meeting of the Adjourned Regular Meeting of March 21, 2009 and the Regular Meeting of May 19, 2009. (City Clerk) 3. Resolution of the City Council of the City of National City accepting the work performed by Bond Blacktop, Inc. with the final amount of $315,365.83 and authorizing the filing of the Notice of Completion with the County Recorder for the National City Slurry Seal Project. (Funded through Gas Tax and Traffic Congestion Funds). (Engineering) 4. Resolution of the City Council of the City of National City accepting conveyance of real property from property owner San Diego Habitat for Humanity, directing the recordation of a street easement for a portion of land for street purposes at Harding Avenue and 15th Street, and dedicating and naming the parcel of land at Harding Avenue and 15th Street. (Engineering) 5. Resolution of the City Council of the City of National City authorizing the Mayor to sign a Memorandum of Agreement (MOA) between the County of San Diego, Health and Human Services Agency, Public Health Services, Emergency Medical Services (EMS) and the City of National City to provide advanced life support (ALS) First Responder Services. (Fire) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 7/7/2009 - Page 3 CONSENT CALENDAR (Cont.) 6. Resolution of the City Council of the City of National City authorizing the Mayor to sign a Memorandum of Agreement (MOA) between the County of San Diego, Health and Human Services Agency, Public Health Services, Emergency Medical Services (EMS) and the City of National City for the procurement, transport, storage distribution and administration of dangerous drugs and devices. (Fire) 7. Resolution of the City Council of the City of National City authoring the Mayor to execute a third amendment to agreement with Tyler Technologies, Inc. in the amount of $10,500.00 to set up user accounts, system security and approval queues in the Human Resources Web Module in the EDEN Financial System. (MIS) 8. Resolution of the City Council of the City of National City authorizing the Mayor to execute an annual software maintenance agreement with Northrop Grumman Information Technology, Inc. in the not -to -exceed amount of $66,964 to support the Law Enforcement Automated Field Reporting System (AFR). (MIS) 9. WARRANT REGISTER #49 Warrant Register #49 for the period of 05/27/09 through 06/02/09 in the amount of $2,647,084.36. (Finance) 10. WARRANT REGISTER #50 Warrant Register #50 for the period of 06/03/09 through 06/09/09 in the amount of $433,411.58. (Finance) 11. WARRANT REGISTER #51 Warrant Register #51 for the period of 06/10/09 through 06/16/09 in the amount of $1,639,629.02. (Finance) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 7/7/2009 - Page 4 NON CONSENT RESOLUTIONS 12. Resolution of the City Council of the City of National City authorizing the National City Fire Department to submit an American Recovery and Reinvestment Act Assistance to Firefighters Fire Station Construction Grant Application for the construction of a $5,000,000 fire station. (Fire) 13. Resolution of the City Council of the City of National City authorizing the approval of weed abatement hearing findings. (Fire) NEW BUSINESS 14. Temporary Use Permit — Request from the T-shirt Mart to have a 15.2'x10' inflatable T-shirt balloon at 1502 Highland Avenue to be displayed only on Fridays, Saturdays, and Sundays from July 15, 2009 to January 15, 2010, with no waiver of fees. (Neighborhood Services) 15. Temporary Use Permit — The City of National City and Eugene Amano Football Camp at El Toyon field on July 18, 2009 from 9:00 a.m. to 2:00 p.m. sponsored by the City of National City Community Services Department and the Eugene Amano Foundation with waiver of fees. (Neighborhood Services) 16. Temporary Use Permit — National City Automobile Heritage show on August 2, 2009 at Kimball Park from 8:00 a.m. to 4:00 p.m. sponsored by the National City Chamber of Commerce. This is a National City co -sponsored event eligible for a $1,500 fee waiver. (Neighborhood Services) 17. A request by the National City Chamber of Commerce for the use of 30 tables, 300 chairs, and City staff time for transportation, setup and breakdown for their upcoming Bayfront Business Expo to be held on Thursday, July 16, 2009 with a waiver of City fees in the amount of $1,258.49. (Public Works) 18. Notice of Decision — Planning Commission approval of a Conditional Use Permit for conversion of a 17-unit condominium building into a residential care facility for the elderly at 950 L Avenue. (Applicant: Darryl Clubb) (Case File 2009-09 CUP) (Planning) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 7/7/2009 - Page 5 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 19. Authorize the reimbursement of Community Development Commission expenditures in the amount of $915,102.30 to the City of National City for the period of 05/27/09 through 06/02/09. (Finance) 20. Authorize the reimbursement of Community Development Commission expenditures in the amount of $91,306.91 to the City of National City for the period of 06/03/09 through 06/09/09. (Finance) 21. Authorize the reimbursement of Community Development Commission expenditures in the amount of $245,842.61 to the City of National City for the period of 06/10/09 through 06/16/09. (Finance) STAFF REPORTS 22. Kimball School Grant Partnership Update (Engineering) 23. Projects Update (Engineering) 24. Bike Path Grant (Engineering) 25. 4th of July Update (City Manager) MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — July 21, 2009 - 6:00 p.m. — Council Chambers - National City. ITEM #1 7-7-09 STIMULUS UPDATE (CITY MANAGER) ITEM #2 7/7/09 Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of the Adjourned Regular Meeting of March 21, 2009, and the Regular Meeting of May 19, 2009 (City Clerk) A-200 (Rev. 7/03) City of National City, California COUNCIL AGENDA STATEMENT `r.wiEETING DATE July 7, 2009 AGENDA ITEM NO. 3 ITEM TITLE A Resolution of the City Council of the City of National City accepting the work performed by Bond Blacktop, Inc. with the final amount of $315,365.83 and authorizing the filing of the Notice of Completion with the County Recorder for the National City Slurry Seal Project. (Funded through Gas Tax and Traffic Congestion Funds) PREPARED BY Kenneth Fernandez EXPLANATION Please see attached page with explanation. DEPARTMENT Engineering EXT. 4388 Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director The total construction cost of the project is $315,365.83. The original contracted bid amount is $321,549.29 per Resolution 2008-85 through Gas Tax Acct No. 109-409-500-598-6035 and Traffic Congestion Relief Funds Acct No. 345-409-500-598-6035. Account No. STAFF RECOMMENDATION Adopt the Resolutio BOARD / COMMISSI = R COMMENDATION N/A I ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Contract Final Balance 3. Notice of Completion SPEC 07-03 EXPLANATION On May 20, 2008, per Resolution No. 2008-85, the City Council awarded a contract to Bond Blacktop, Inc., in the amount of $321,549.29 for the construction of the National City Slurry Seal Project, Specification No. 07-03. During the course of construction, field conditions were discovered and were corrected with line item increases and deductions including credit on a cross gutter on East 12th Street and D Ave. A final inspection was completed and closing documentation was submitted to the City for review. Final approval of the project was delayed because a stop notice was issued to the contractor by their sub -contractor. After releasing paperwork that confirmed the stop notice was issued, reviewed, and accepted by the City, the project was eligible for a notice of completion. The work was then found to be in accordance with the approved plans and specifications. Therefore, Engineering Staff recommends the acceptance of the work and the filing of a notice of completion for the National City Slurry Seal Project, Spec. No. 07-03. The construction bid price of $321,549.29 was reduced to $315,365.83. With contingencies, construction management, materials testing, inspection, and surveying costs, this project is within the budgeted amount of $418,014.29 as discussed in the opening A-200 associated with Resolution No. 2008-85. `'"'In summary, the purpose of this resolution is to approve the final amount of the project, accept the work performed, and authorize the filing of a Notice of Completion. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FINAL BALANCE CHANGE ORDER WITH BOND BLACKTOP, INC. IN THE AMOUNT OF $315,365.83; ACCEPTING THE WORK; AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION WITH THE COUNTY RECORDER FOR THE NATIONAL CITY SLURRY SEAL PROJECT WHEREAS, the contract for the National City Slurry Seal Project was awarded to Bond Blacktop, Inc. on May 20, 2008, by the adoption of Resolution No. 2008-85, in the amount of $321,549.29; and WHEREAS, on June 10, 2009, was submitted to the City for review. The work was found to be in accordance with the approved plans and specifications, and was accomplished for $315,365.83, which is $6,183.46 under the contracted amount; and WHEREAS, a change order is required to finalize the contract quantities and construction completion time, and to address the adjusted work for acceptance of the project completion. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City hereby authorizes the Mayor to execute the Contract Final Balance Change Order from to Bond Blacktop, inc., in the amount of $315,365.83 for the National City Slurry Seal Project. BE IT FURTHER RESOLVED by the City Council of the City of National City as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by Bond Blacktop, Inc. for the National City Slurry Seal Project, has been completed, the City Council of National City hereby accepts said work, authorizes the filing of a Notice of Completion, and orders that payment for said work be made in accordance with said contract, and the Contract Final Balance Changer Order described above. PASSED and ADOPTED this 7th day of July, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: FINAL CONTRACT BALANCE CHANGE ORDER DATE: PROJECT: TO: July 7, 2009 National City Slurry Seal Project Specification No. 07-03 (Phase 1) Bond Blacktop, Inc. Edward Dillon. President and Secretary P.O. Box 616 Union City, CA 94587 ORIGINAL. CONTRACTAMOUNT': START DATE: COMPLE-IION DATE: ORIGINAL CONTRACT LENGTH: FX'1'FNTION OF WORK DAYS: "I'O'I'AI . CONTRACT 'I'IIv1I:: DESCRIPTION OF CHANGE: $321,549.29 June 11, 2008 August 13, 2008 45 working days 0 working days 45 working days This change order is written to balance and finalize the amounts for said project. No. Item I MOBILIZATION 2 TRAFFIC CONTROL 3 TYPE II SLURRY— — — l_RI-MOVF AND REPLACE STRF .1 SECTION 3" ASPI-IAL 1 0:8" CLASS II BASF: 5 -I-CRACK FILLING — — — 6 REMOVE AND REPLACE G-7 SIDEWALK__ 7 REMOVE. AND REPLACE G-2 8 REMOVE AND REPLACE G-14 DRIVEWAY 9 REMOVE ANC) REPLACE G-12 CROSS (:;111'T'ER_ 10 ADJUST SEWER MANHOLE TO GRADE. PERSDRS S-2 1 I RI.PI\CI'. ALL. TRAFFIC MARKINGS Deduct G- 12 Cross gutter Contracl 7 ulcr! Original Contract Adjusted Contract Unit Bid Qty Unit Price Amount Qty _ Unit Price 1,S 1 $ 6,500 00 $ 6.500.00 1 $ 6,500.00 I.S 1 $ 12,500.000 $ 12 500.00 I $ 12.500 000 SY 179,408 $ 0 949 $ 170,258.19 172.9.13.67 $ 0 949 5.063.75 SF 4,810 $ 6 30 LS SF LF SF Si" Amount $6,500.00 $12,500 00 S164,123.54 $ 30,303.00 $ 6 30 $3 1.901.63 $ 50,000 00 620 $ 8.00 108 $ 37 00 83 $ 10.00 570 $ I0.53 FA l 1 $ 1.200.00 I..S 1 $ 35.000.00 SF $10.53 $ 50,00(1.00 1 $ 50,000 00 $50,000.00 391.10 —..-- --- .$.3,128.80 $ 4,960.00 $ 8.00 $ 3,996.00 126.00 $ 37.00 $4,662.00 384..3 3 $3,843..30 $ 830.00 $ l0 00 $ 6,002.10 '— 613 ..__...���3 .. — $6,444.36 $ 1,200.00 S 1,20000 $ 35,000.00 $ 35,000 00 — — — (260) $10.53 ($2.737.80) S3I5,36583 S321,549.29 Page 1 FINAL CONTRACT BALANCE CHANGE ORDER DISCl1SSION: Added line items: No additional line items have been added since there were no change orders issued for this project. CONTRACT ADJUSTMENT: As a result of this change order, the contract price is adjusted as follows: 1. I'he final contract price to date is adjusted to $315,365.83. 2. As a result of the satisfactory completion of said project, a retention and final balance of $29,072.56 is set for invoice processing and payment upon the receipt of required signatures and City Council's ratification of this agreement and the Notice of Completion. This document and its purpose to balance payment shall he considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Bond Blacktop. Inc. will not be entitled to damages or additional payment for delays as described in the 1997 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. Page 2 FINAL CONTRACT BALANCE CHANCE ORDER RECOMMENDED FOR APPROVAL BY: Byron Wade Wade & Associates Project Manager (Consultant) Kenneth Fernandez CIVIL ENGINEERING TECIINICIAN NATIONAL CITY PROJECT COORDINATOR REVIEWED BY: DATE DATE Din Daneshfar, P.E. DATE PRINCIPAL CIVIL ENGINEER Maryam Babaki, P.E. DATE CITY ENGINEER ACCEPTED BY: Bond Blacktop, Inc. DATE CONTRAC"FOR APPROVED BY: Ron Morrison MAYOR DATE City of National City Resolution Number: Page 3 RECORDING RI{QIIHSTED BY WHEN RECORI)ia) A1AIr. TO: CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950-4301 NOTICE OF COMPLETION CA1.lIORNI,A CIVIL. CODE. SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on July 7, 2009, of: National City Slurry Seal Project. FY 07-08 (Phase 1) Specification No. 07-03 Work of improvement or portion of work of improvement under construction or alteration. on street sections located at various locations in National City, CA 91950 Street address City State Zip Code The undersigned owns the following interest or estate in said property: N/A Nature of the interest or estate of opener (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with Bond Blacktop, Inc. Name of Original Contractor The following work and material were supplied: Laborer Groups, Bob Cat, Trucks, Temporary Pumps, Cement Masons, Operators. Paving Equipment, Sweeper, Loaders:p Demolition Concrete, Traffic Control Equipment etc. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Joint tenants, tenants in common, or other noriers Dated: July 7, 2009. Ron Morrison, Mayor City of National City, 1243 National City Blvd., National City, CA 91950-4301 1, the undersigned, say: I have read the foregoing Notice of Completion, and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the tbrgoing is true and correct. Executed on July 7, 2009, at National City, California. Signature: RON MORRISON, MAYOR City of National City, California COUNCIL AGENDA STATEMENT r.I. 1EETING DATE July 7, 2009 AGENDA ITEM NO. 4 ITEM TITLE A Resolution of the City Council of the City of National City accepting conveyance of real property from property owner San Diego Habitat for Humanity, directing the recordation of a street easement for a portion of land for street purposes at Harding Avenue and 15`h Street , and dedicating and naming the parcel of land Harding Avenue and 151h Street PREPARED BY Adam Landa DEPARTMENT Engineering EXT. 4394 EXPLANATION San Diego Habitat for Humanity, the owner of the property at the north east corner of Harding Avenue and 15th Street, has submitted a Parcel Map with a street easement dedication. The owner is requesting that the City Council accept and approve the street dedication. At the present time, the existing sidewalk is on private land. The dedication is part of a new development for three houses. The Street Easement will be filed with the County Recorder when the City Council has approved it. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution( BOARD / COMMISSION RECOMMEND TION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution T2. Parcel Map 15 A-200 (Rev. 7/03) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF REAL PROPERTY FROM PROPERTY OWNER SAN DIEGO HABITAT FOR HUMANITY, DIRECTING THE RECORDATION OF A STREET EASEMENT FOR A PORTION OF LAND FOR STREET PURPOSES AT HARDING AVENUE AND 15TH STREET, AND DEDICATING AND NAMING THE PARCEL OF LAND AS HARDING AVENUE BE IT RESOLVED by the City Council of the City of National City that pursuant to Resolution No. 7083, the City Clerk is hereby ordered to execute a Certificate of Acceptance, and to record the following instrument conveying an interest real estate to the City of National City: 559-063-04). STREET EASEMENT DEED dated July 7, 2009, from Habitat for Humanity (A.P.N. BE IT FURTHER RESOLVED as follows: 1 That Habitat for Humanity has conveyed the real property described in the attached Exhibit "A" to the City of National City for right-of-way purposes. 2. That the City of National City desires that said property be dedicated for public right-of-way purposes. 3. That the described real property in Exhibit "A" shall henceforth be known as a portion of Harding Avenue. PASSED and ADOPTED this 7th day of July, 2009. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney OWNER'S STATEMENT. K PI(%8r SCAT( MAT P( Of O( 09KRS 0. 0o AK NPA(SI(0 w. 0( LAAO SWAIC40 BY MS YAP A2,0 K CONSENT /0 PK P•P1PARA/Nv ANO R(COOMOJv 0' INS YAP K KR(Br LYGGA7 TJ M( PL7AC MAT PORTION y 151R 50((7 Ate NAPOw0 AKN( AS 9NOM! 0r M5 PARCEL YAP ■MR MS 9A804,90v OAR S.w CA(07 NA7TAT (CR 7R47NAIY, R.C. A CY{CR9A YCW-8R077 CORROPA AC/v ACKNOWLEDGMENT: 5)A7 Cr Okr0199A COME Or UR OY00 ON KICK Yf A A07ARr PL91C P(R50rALL7 MP(AK0 ow PR01(0 10 K Co Of 9A95 Of SA R0ACia7r (KC(ACA 70 Of O( RT500(0) Taff NAB( IS/AK 9.R50P9D I0 II( 911709ThS7197(NI ND A00 9710 (0 TO K O07 K/9(/7 (r !?IN70 Of SAT( Av 0(1R Au71,092120CIPAOTH(S) AND 87 NS/R(R/7107 9040R((S) CR O( 9CE•1RUY(NT 0( PCRSCMSA OP T1( 0.07E 990v KKR! Cr WO, O( PCR50RY) ReC1O (RCM O( M'MARN7 I awry /KrR /(ANTE 0" P(RAAP, 198Y9 MR UPS 0' IK STAR 0' CALR'OBRA INAT 072 (/R GO9K PARAORAPN IS M1( AID (CCRR(CT 7M(ST Yr N.AIA7 ANO OJ,VN 7Ac 9044 PL4( Tube (h90 Ott PRA % ROTARY POAIX M AVO /OR 5A0 C(M'IY.0 STAR PR40PK COwlr 0' BU9(SS CtAUR5Y0r 4XPw(5 C0199SNO7 / 0r Ag7ARr SZZO CONSTRUCTION TESTING 6 ENGMEERING, INC. .p1.L.m P7•.11/...LAAR 1S4•1n14:. ILTI:40i. PARCEL MAP No. CASE FILE NO. 2008-38 LS IN THE CITY OF NATIONAL CITY PARCEL MAP: d LOTS 9 7. rO N B OX Ili S 0A7OrA( 0n N PT( 0n7 NA TRNN 070 CCAAvi Or SIR NO2 51A 7( Cr GCrCRNA ACCORGAC CO YAP 'T(R(0' NO JAB ME 0 w /K OTC( (f O( CgwTY R(COR(R Cr S. P(00 CYXN7Y. CC7(NCR 2 432 Awn YAP O/ARAYI(C ILM OPS YAP (7RN9(0 Br 795/ AI(RRAN PAL COWARY. PEKR M0 261J90O (29) CARP ACKNOWLEDGMENT: STAR Lr CAL90070 L0*777 Of SAN OCCO 00 A(O( IR A 001ARr Fl.NUC P(717044LL r 44 (AR(0 AN0 PP0K0 10 K Or 1T( BASS C1' SARy4CTOR7 (*O0eCE IC St Of Pf])Sp)'S) NNOff NAY( IS/AP( Ag50W9310 TO 0( RD. NSMCA, 10 4y7 AOLg4irele TO of MA/ K/9(/n(r (X(NR0 O( sue N /I(IP AUOge2(0 CAPA070(5) AND Br N5/hEP/0(1P 9lNA 0A7(5) 0V Of 057R01077 777C 19-1750v(51 OR 7779 (NM B(NAL/ 0' IPR0/ 71,( PCRSW'S) ALSO. DENTED 7K /r5/MJBl1 C(RCIY UMO(R P(N7 n 0' gMARY 0,00? 7K LARS Cr INC STAR CY G9(O9RA MA1 '1( !.?$(CWC PARA(RARI .5 ?RUC AN 7709(CT 771,455 Yr luv0 Av0 MAOAL SOC. 9YNA OAP( NAY( (7)9(0 aR P71w70) NO/AR7 PM/C MO (OR SAO COATI' AR0 STATE PRw•O•A4 CLWIr Of 134)9(SS CYW WS90/ ('.:ROCS C0YIP590r / Cr NOTARY. .CITY CLERKS CERTIFICATE Af R00 9Oee507. ApY(R, .NO 99044 R DALIA 0n OGef CY R( Mr 0' NAMRIK 079 CAL9CRNA PA(R(Br WW1. 7N.AT 7K 011' COAva Br,E4R U➢OV RO 2009- NAS APPR0K0 MS PAAYEI YAP ONSISI C Cr 2 9[FE NN 7u.S 4(7097(0 00 0.76410r O( NOR 9A9.(CI I0 (4ROK1(NT 7m-a:Du00V Cr A RORl10V 0' ISM 57R((7 .00 WOK AKNK AS SHOW KRCOY Br OAR. PGr 40070504 YAW"? Cr N.A7109K On CAl9C9N0 Br OAK Roww(L 7 OKLA OIY ace? 0' RAIKMAL 01Y• CALICR?eA TAX CER77R7CATE: r. MyAS A 94.577SMA CUR, 0' O( BORN 0' 7I8E9K50P5 0' TN( CONY Or SAv MOO K%Br 007YY our /T( FP0N905 Cr M SuflOKSO/ YAP ICI (GYS/R 1 0' 0/1L 7 Cr 0( OOKRRYO4I COX) P1'C070W0 (P) CR909/5 PCR /AA(S NA (6) C0R/I7C/IRM (r 1K ABSEP Q Cr O(NS /OR ROAR STAR. C'O9'IY. YOM'YAL CR LOCAL TARS (X07( 0r00( N01 ITN/ARIL NA,( MN CYPL(0 RN 110AA51 PAS0v5MA BY OLAR Of Of 9700 0' AR(R16075 ARM' 017 SHEET 1 OF 2 SHEETS SURVEYORS STATEMENT: MS YAP ■AS PR(PAR O Br K CR W(XR Yr 0p(CIk* A.N7 70 9e90 Woe A IY20 5CRK7 N CO(CMYANC( YIN II( 0(OMIDACR/S 0 0( 5L.9YK9Cw YAP ACT AN7 LOCAL CR(WA C£ A7 O( R(OCCS/ Of .(Y 4BRCAM CC[T19r° 2077 AV 0[ Ll7R.P(073 ARC CP 0( OURAC1R MGM AK 'JCORr INC M900.1 0(R(a / 64t 5C7 ALL OMRR YORAYN75 Of /K DoRACRR NO AI P09I1005 AR1CAT O Br ITC LLQM M MS NOT RDRR 0Y )CAR Or R((090A000( AW ALL INRA(NIS AIR C r7 1 fl SKIVER, 07 (NAAS Or RORY 10 K KRAUT I WEIR VAT NAT INS PARC(1 YAP A.951ARRNIY 0.}IOPYS 70 0( Af7PDKD CR C0RX/RA'.4L r APPNI(0 Try. TAOK YAP 04797 R XRLY(R LS W2 ocrxff (ARM(S 72/JI/10 0A/( CITY ENGINEERS STATEMENT:: ( YARr4Y BABAAI OIY (MiI8R O' Of OIY L( NA OOVAL 077; CALY0RN4 STAR MIT ON YAP BOYS 907 APPEAR 70 BC A YAP 0' A Y4.07 SI.IP'X',790: /0 197707 A MAC YAP /5 R(OLIIKD PAR/ANY 70 SCA", 96126 Cr 779- 972709 ON YAP ACT / 'OMER STAR MAT DRS PAR01 YAP (O7CRYS 10 O( 7NIAR4 PARR( YAP ARO A1RR0K0 K /OPA770r5 NOIR, No 0497 ALL PR0K190v5 0' 7T( 9M9907 YAP. AS AI(T(YD• AN ANT LOCAL CRONANC( 0' S40 ON ARPLCA9(A T 771 79( Cr INS AP990Au 0 0( :EWA ,( YAP MA,( S(N CC70110 RIM ✓ARr4Y BABAA7. 07Y 0A0KW ROL NO 4I7.15 l(O COWS 5/37/10 DAM I AY SAO9Y0 MA 7 SAD YM /5 70NCUL r CT9R(1T RNr NCR' Nq/1[N KS NR7, 8A21 An (.9V(5 12/51/O2 OAKS, RECORDER'S CERTIFICATE.• al M 7700 M5______0Ar 0r 2029 AI Kam or PM01 YAPS AT 'ACC AT 7K REQUEST Cr .OROAr P ARN1R 0A v0 anal. CGN7r R(COM, or R r200 MPV n L0N1r A[X,1X7007 CALIF. C00RD. INDEX 182-6297 CASE FILE NO. 2008-38 LS PARCEL MAP No. BLACK 142 h RRS .CUR _ — "x-TI�a I' II H. N7213'51•E 77u0 (IAD • MSC S7 YKD MONO l/ 0 t OSY /2637Sroofo6 RCC 16712 PC?ROS 903 ! 67 79'10 1 Kt M;12 PER Roy IOW, r04D4 • 114976. 6' A05 p497 14TH �77 ti'—v}S N �. P. :7 ., LEAD • 1 '•1, B J..1,, o '/ P(6 KR ADS 9216 1249691 -02.. a OM IK 9R(7 1563-1 ?D 717-197Y y !ow' D/S ON 0(7 07 RN p D $ (AD MC (7AD • D q RC( 161!1 P(R ROS 0036, 6390 9a55 1040A It 11A37 DETAIL 'A �'•60 5771J'S1'R6x' air o-9am'sb' R.7a20 l.l5n' xmJ'74T SM22' UZ'K (15 RQS Atli' $ N727JJ.T ,25 rr' 67. 93'7L0 r� —!' :10i �px�� Hi _ CZ 1 II �j r0 1 7 \ O r i sf^ 9D0056'� S \: a14' _A\ iV Q0e �s I1zrm'R '� ti tip' 1. t � 26 icy KO � stoop • ( M67 7 no lob � 0i N771413. {� Jet.' ROS 11691 6, n z I 4,, a - 'Y6-197Y y , Lax• 0/S a maxim C E $ LORD 11AO A 749 KR R05 LOAD LEA) t TAG. NA R05 /N97 $I :2697 5 57212'43'N I 15TIf F CASE FILE NO. 2008-38 LS IN THE CITY OF NATIONAL CITY I— 6ax' i r". 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CONDO YAP 4544-0 57AAMID A5 HOW IA'M'A RS SET LEAD t GM SIAb11D 15 6462' N 0047(S SY7 S/I' 0 16' 9CN PP( MM 0,26 5u46D 15 1461' 4NK4RS KCORO DRUPE, KOOK 0 SO4Nr !N97 NOCA7C5 'd%SCY 0QC'A RS '7r-1.161 0191- 90CA>(5 •011616R1Re N066115 1606N6167 LAN' BASIS OF BEARINGS.: 71( OASIS GP K.AANot !CA MS PARCH ✓AP IS 1K CA(YO•MA C?:WCWA R 5R'7CY ION' M. 199,15 (PCVC A09N ANRRK'A DARN Cr 7965 (WW1 d0 61A9NCS pr79rpv STARCH Ma 57 NAMED' 241• MO SIAM* NO IDS NW(D 7T0/1671P A5 SA47 CO%MARS 49C PCB19(0 N ILK (awn Lr S4N CYa) COI7RCE 590700 ' (S1A019d0 87 121O19D (Y SU9NY AO 14492 FLED N 71d 060X Cl IIr CON0 KCY19011 OR MOO, 31. 1994 AS = Ad.N1 1994-021477a If N6r72'.HY DATA (RCM RODICNCE MAPS/D 100 4Ar OR MAY NOT K N TINS Or S4A0 S75RY 71r MOWED SU(1 !AC709 A 7 'S0 341' • 10O:O108 O40 OS/A CE • aecue 0157.0)0C(F O7Y6'10D 5041 (ACTOR N7274 Dr'( .5 r1 G90 1572. 042160 h7.ISTS1T I1O00.66' 020 !1xa42 60.R'O NAD 85 TIE DETAIL h7S we F $ M7r45DJb an 6171)279' RAW x (.472'/ 4372'16'12J" / 10• KARO1K 15165117(17 AND 16A61'WG PRO'7SCO 5' PRYAR WAR 4.6770( 6DO.47(D MD (65112N7 N !1109 Of PART 3 ACROSS PART I 5747((v 226 ACO/16N' 10.90 LEAD • TACK cow_ R4Lr (NO r4C) CI827.636 79 6.31001a 70 770NAL T VICINITY MAP PARCEL 2 PROPOSED 5' PNYAR VIER CAS(Y(NI N I'A10r Or PAR61 2 ACROSS PART 1 MI 460617 1r766D9v n PARCEL 3 7457Ty PRO•OYD 3' PN I7E WA7CR (45(14.167 N rA4{R OF NAM J 60616S PART 2 63TR 57REET DETAIL 'C 56* CONSTRUCTION TESTING & ENGINEERING, INC. :.nm 149.119.F lui 14..IT i. 6,10.1“..l CALIF. COORD. INDEX 182-6297 CASE FILE NC. 2008-38 LS l City of National City, California COUNCIL AGENDA STATEMENT `-MEETING DATE July 7, 2009 AGENDA ITEM NO. 5 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN A MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY, PUBLIC HEALTH SERVICES, EMERGENCY MEDICAL SERVICES (EMS) AND THE CITY OF NATIONAL CITY TO PROVIDE ADVANCED LIFE SUPPORT (ALS) FIRST RESPONDER SERVICES. PREPARED BY Walter Amedee, 424 DEPARTMENT Fir Homeland Security Manager EXPLANATION This Memorandum of Agreement (MOA) was previously approved at the February 17, 2009, City Council Meeting with Resolution # 2009-33. The County has subsequently made several changes to the MOA. See attached ALS First Responder Agreement Revisions. This MOA authorizes and standardizes the provision of Advanced Life Support (ALS) First Responder Services within the City of National City. The City is required to implement an ALS First Responder deployment plan that includes at least one fully equipped, supplied and staffed ALS First Responder unit seven days a week, twenty four hours a day, in accordance with the policies, procedures and protocols established by the County. Each ALS first responding unit will have at least one (1) Paramedic and one (1) EMT-1 at all times, or with an alternate staffing configuration agreed upon between the City and County. Environmental Review Financial Statement No negative impact. N/A Approved yj FinanceDirector Account No. STAFF RECOMMENDATION Staff recommends the City Council authorize the Mayor to sign the Memorandum of Agreement between the County and the City to provide Advanced Life Support (ALS) First Responder Services within the City of National City. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 7 ALS First Responder Agreement Revisions MOA between the County and the City — Advanced Life Support First Responder Services Resolution A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF AGREEMENT WITH THE COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY, PUBLIC HEALTH SERVICES, AND EMERGENCY MEDICAL SERVICES TO PROVIDE ADVANCED LIFE SUPPORT (ALS) FIRST RESPONDER SERVICES WHEREAS, the proposed Memorandum of Agreement between the City and San Diego County, Health and Human Services Agency, Public Health Services, and Emergency Medical Services ("County") authorizes and standardizes the provision of Advanced Life Support (ALS) First Responder Services within National City; and WHEREAS, the City is required to implement an ALS First Responder deployment plan that includes at least one fully -equipped, supplied, and staffed ALS First Responder unit seven days a week, twenty-four hours a day, in accordance with the policies, procedures, and protocols established by the County; and WHEREAS, each ALS first responding unit will have at least one paramedic and one EMT-1 at all times, or with an alternative staffing configuration agreed upon by the City and County. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a Memorandum of Agreement with the County of San Diego, Health and Human Services Agency, Public Health Services, and Emergency Medical Services to provide advanced Life Support (ALS) First Responder Services. Said Memorandum of Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of July, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ALS First Responder Agreement Revisions • Header, Footer, Formatting and numbering changed throughout agreement for consistency • Page 1 — removed section with effective date of January 1. Our Director will not sign documents effective retroactively. Effective date is addressed on page 2 • Page 2 Section 1 — County Representative changed to Rebecca Pate. • Page 2, Section 2 — Term of agreement changed from January 1, 2009 to "effective upon signature" • Page 3, Section 3.1.4 — Added • Page 4, Section 3.2.20 — Reference updated from Paragraph 3.b to 3.2 due to numbering changes • Page 6, Section 7 — Wording in this section has been expanded, but no significant changes to requirements of CITY. o Old Language: All subcontracts for ALS services entered into by City shall be in writing and the subcontractor shall deliver such services in accordance with Title 22 of the California Code of Regulations, Division 9, Chapter 4. A copy of any such subcontract shall be provided to County. No such subcontract shall act to terminate any legal responsibility of City to County to assure complete performance of all activities and functions required of City under this Agreement. o New Language 7.1. In the event that the CITY chooses to subcontracts all or a part of Paramedic services the CITY shall ensure such services are consistent with Health and Safety Codes and Emergency Medical Service policy and procedures. 7.2. Any subcontracts for Paramedic services entered into by CITY shall be in writing and the subcontractor shall deliver such services consistent with Title 22 of the Califomia Code of Regulations, Division 9, Chapter 4. A copy of any such subcontract shall be provided to COUNTY. 7.3. No such subcontract shall act to terminate any legal responsibility of CITY to COUNTY to assure complete performance of all activities and functions required of CITY under this Agreement. • Page 6, Section 11 — Titled changed from Hold Harmless to Indemnity • Page 8, Section 17.1 — The word "voluntarily" added. • Page 8 — Area to be Served section was removed as it was previously addressed COUNTY OF SAN I)IEGO, HHSA, PUBLIC HEALTH SERVICES, EMERGENCY MEDICAL SERVICES BRANCH MEIMMORANUUM OF AGREEMENT FOR ADVANCED LIFE SUPPORT FIRST RESPONDER SERVICES THIS MEMORANDUM OF AGREEMENT is made between the COUNTY OF SAN DIEGO, hereinafter referred to as COUNTY, and CITY OF NATIONAL CITY, hereinafter referred to as CITY, to provide Advanced Life Support (ALS)First Responder Services. WITNESSETH WHEREAS CITY possesses certain skills, experience, education and competency to perform certain specialized services regarding the provision and management of advanced life support; and WHEREAS, pursuant to the provisions of Division 2.5, Chapter 4, Section 1797.201 of the California Health and Safety Code, the County of San Diego is required to enter into a contract which authorizes and standardizes the provision of such services withina given region. NOW, THEREFORE, the parties hereto do mutually agree to the terms and conditions as attached and set forth in this document. City of National City County of San Die>so By: By: Ron Morrison, Mayor Nick Macchione, MS, MPFI, FACILE City of National City Director, Health & Human Services Agency Dated: Dated: APPROVED AS TO FORM AND LEGAUTY COUNTY COUNSEL BY -AK — 1'�un City ofNatioral City Advanced Life Support First Respondefiervices MOA Page I of 8 April 2009 COUNTY OF SAN DIEGO, HHSA, PUBLIC HEALTH SERVICES, EMERGENCY MEDICAL SERVICES BRANCH MEMORANDUM OF AGREEMENT FOR ADVANCED LIFE SUPPORT FIRST RESPONDER SERVICES 1. Administration of Agreement COUNTY's, Emergency Medical Services (EMS) Chief, hereinafter called County's Administrator, shall represent COUNTY in all matters pertaining to the performance under this Agreement and shall administer this Agreement on behalf of COUNTY. Fire Chief of the City of National City Fire Department shall represent the CITY and shall administer this Agreement in accordance with its terms and conditions on behalf of CITY. All reports, letters, notices and/or other correspondence shall be sent to the attention of the designated representativesat their respective addresses as follows City of National City Walter Amedee, Management Analyst III National City Fire Department 1200 National City Blvd. National City, CA 91950 Phone: (619) 336-4556 Email: wamedee@nationalcityca.gov County of San Diego Rebecca Pate, EMS Coordinator Emergency Medical Services 6255 Mission Gorge Road San Diego, Ca 92120 Phone: (619) 285-6416 Fax: (619) 285-6531 Email: Rebecca.Pate@sdcounty.ca.gov 2. Term of Agreement This Memorandum of Agreement shall be effective upon signature and will remain in effect until terminated by either party. 3. Responsibilities of Contracting Parties 3.1 Responsibilities ofCOUNTY: 3.1.1 To provide, under the authority of Section 1797 et seq. of the Health and Safety Code, the following services: 3.1.1.1 Approval of the ALS training program(s) in the County of San Diego pursuant to the California Code of Regulations, Title 22, Division 9, Chapter 4. 3.1.1.2 Standards for certification/accreditation/authorizationof paramedics, and Mobile Intensive Care Nurses (MICNs) pursuant to California Code of Regulations, Title 22, Division 9. 3.1.1.3 Contracts with designated base hospitals to provide immediate medical direction and supervision of the ALS system for the area defined by the local EMS agency. For the purpose of this Agreement, the area is defined as the geographic area within the City of National City as well as any other geographic area(s) designated by mutual agreement between CITY and COUNTY. 3.1.2 To provide prehospital report forms or the framework for an electronic data collection system in accordance with California Code of Regulations, Title 22, Division 9, Chapter 4. City of Natiornl City Page 2 of 8 April 2009 Advanced Life Support First Respondet ervices MOA COUNTY OF SAN DIEGO, HIISA, PUBLIC HEALTH SERVICES, EMERGENCY MEDICAL SERVICES BRANCH MEMORANDUM OF AGREEMENT FOR ADVANCED LIFT; SUPPORT FIRST RESPONDER SERVICES 3.1.3 To review this Agreement every two years to ensure compliance with applicable standards, regulations, policies, procedures and protocols. 3.1.4 To take immediate corrective action where there is a failure to meet "Responsibility of the COUNTY". 3.2 Responsibilities ofC1TY: 3.2.1 To provide ALS First Responder (non -transporting) services within the boundaries of its local jurisdiction, and within adjoining areas as specified by Agreements with adjoining ALS service providers. This agreement does not authorize the implementation of an ALS transport service. 3.2.2 To participate in the ALS program consistent with the applicable provisions of Title 22 of the California Code of Regulations, Division 9, Chapters 2 and 4 within the limitations of the ALS First Responder role. 3.2.3 To develop and operate ALS First Responder services consistent with the California Health and Safety Code and the California Code of Regulations, Title 22, Division 9, Chapters 2 and 4. The CITY may subcontract all or a portion of these services. However, the CITY is responsible for insuring that any and all subcontractors provide services consistent with the Health & Safety Code, the California Code of Regulations, Title 22, Division 9, Chapter 4's applicable provisions, and all San Diego County EMS policies, protocols and procedures. 3.2.4 To implement an ALS First Responder deployment plan that includes at least one fully equipped, supplied and staffed ALS First Responder unitseven days a week, twenty four hours a day, in accordance with the policies, procedures and protocols established by County. It is recognized that special circumstances or emergencies may necessitate a temporary interruption in the seven day / 24 hour plan. 3.2.5 To staff each ALS first responding unit with at least one (I) Paramedic and one (1) EMT-1 at all times, or with an alternate staffing configuration agreed upon between CITY and COUNTY. For the purpose of this Agreement, Paramedics are individuals licensed in the State of California as an ALS Paramedic, and accredited by the County EMS Director to operate as an ALS Paramedic in County, pursuant to Section 1797 et seq. of the Health and Safety Code. EMT-1's are those individuals certified within the State of California to operate as an EMT-B pursuant to Section 1797 et seq. of the Health and Safety Code. 3.2.6 To provide the citizens of the local jurisdiction with information on 9-1-1 system and where and how to obtain cardiopulmonary resuscitation (CPR) training. 3.2.7 To provide suitable facilities for housing the ALS First Responder units. 3.2.8 To cooperate with the approved ALS training programs in providing field internship locations for ALS interns. City of Natioral City Advanced life Support First ResponderServices MOA Page 3 of 8 April 2009 COUNTY OF SAN DIEGO, HI-ISA, PUBLIC I IEALTH SERVICES, EMERGENCY MEDICAL SERVICES BRANCH MEMORANDUM OF AGREEMENT FOR ADVANCED LIFE SUPPORT FIRST RESPONDER SERVICES 3.2.9 To immediately notify the County's Administrator, or designee, whenever any condition exists which adversely affects the local jurisdiction's ability taneet the conditions of this Agreement. 3.2.10 To appoint an Agency ALS Coordinator, to serve as liaison between the Agency, the associated ALS transporting agency, the County, base hospitals, receiving hospitals, BLS provider agencies and public safety agencies operating within the service area. 3.2.1 1 To participate and collaborate in the development of continuing education activities designed to integrate the care delivered between ALS First Responders and transporting agencies. 3.2.12 To provide for a planned maximum ALS First Responder response time of 8 minutes zero seconds, 90% of the time. 3.2.13 To implement staffing patterns for Paramedics that does not routinely require them to work scheduled shifts for greater than 48 hours within a 60 hour period. 3.2.14 To participate in local emergency medical services planning activities, including disaster management. 3.2.15 To implement and maintain a continuous quality improvement (CQI) program that interfaces with the local EMS agency's system -wide CQI program, which includes cooperation with the base hospitals' CQ1 process, the associated ALS transporting agency's CQI process, and is approved by the local EMS agency. This program will focus on, among other things, integration of care between various phases of prehospital care and skills retention issues for ALS First Responders. 3.2.16 To fully participate in the COUNTY's electronic patient data collection system (the Quality Assurance Network Collection System- QCS. 3.2.17 To advise the County's Administrator in writing of plannedninor changes in the CITY's status plan at least thirty (30) days in advance of the implementation of those changes. CITY shall convey to the COUNTY any proposed major changes, in writing, at least ninety (90) days in advance of the proposed implementation to allow for County review. CITY shall secure County approval of any .major system status plan changes prior to implementation. 3.2.18 To provide quarterlya response time compliance report summary. This report shall include, at a minimum, a summary of total calls dispatched#otal number of completed responses, total transports, and a breakdown of responses by response time demonstrating compliance with section 32.13 of this document. 3.2.19 To take immediate corrective action where there is a failure to meet "Responsibilities of the CITY." 3.2.20 CITY shall adopt CITY's own standards for the purposes of paragraph 3.2 and shall monitor its ALS Service Provider'scompliance with them. City of Natiorul City Page 4 of 8 April 2009 Advanced Life Support First Responde6ervices MOA COUNTY OF SAN DIEGO, HHSA, PUBLIC HEALTH SERVICES, EMERGENCY MEDICAL SERVICES BRANCII MEMORANDUM OF AGREEMENT FOR ADVANCED LIFE SUPPORT FIRST RESPONDER SERVICES 4. Notice 4.1. Notice Pursuant To This Agreement: Any notice or notices required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice, or may be served by certified mil or registered mail, to the officials cited in paragraph one. 4.2. Notice of Delay. CITY shall, within five days of the beginning of any delay lithe performance of this Agreement, notify the County's Adm inistrator, in writing, of the said delay, causes and remedial action to be taken by CITY. 5. Amendments, Operating Memoranda, and Termination 5.1. Amendments: COUNTY or CITY may request written amendment to this Agreement. Such amendments, as agreed upon in writing, by and between COUNTY's Director, Health & Human Services Agency and CITY are not in force until approved by the Director, County Ilealth and Human Services Agency and the CITY. 5.2. "Termination of Agreement for Cause: Upon breach of this Agreement, COUNTY shall have the right to terminate this Agreement by giving written notice to CITY of such termination and the reasons and specifying the effective date of such termination, and specifying the effective date of such termination. 5.3. Termination of Agreement for Convenience: Either party may terminate this Agreement upon 45 days written notice to the other party. 5.4. Operating Memoranda It is recognized by the parties herein that a close degree of cooperation will be required so that management and operation of this service can be conducted in the best interests of the citizens of CITY, and the parties contracting hereto. It is further realized that experience will indicate and demonstrate certain changes that will be required in the methods of management and operation and that a certain degree of flexibility may be required. To preserve such flexibility, certain items have been covered in this Agreement in general terms only with the understanding that the details shall be set forth in "Operating Memoranda" or may be referred to in this Agreement as being subsequently set forth in "Operating Memoranda." Each and every "Operating Memorandum" shall be attached hereto as an addendum and become a part of this Agreement and may be changed or amended from time to time as necessary subject to the approval of the Director, County Health and IIuman Services Agency and CITY. 6. Independent Contractor It is agreed that CITY shall perform asan independent contractor under this Agreement. CITY is for all purposes arising out of this Agreement, an independent contractor, and shall not be deemed an employee officer, or agent of COUNTY. It is expressly understood and agreed that CITY shall in no event be entitled to any benefits to which County employees are entitled, including, but not limited to, overtime, any retirement benefit, worker§ compensation benefits, and leave benefits City of Natioml City Advanced Life Support First Responde6ervices MOA Page 5 of 8 April 2009 COUNTY OF SAN DIEGO, HI-ISA, PIJBLIC HEALTH SERVICES, EMERGENCY MEDICAL SERVICES BRANCI I MEMORANDUM OF AGREEMENT FOR ADVANCED LIFE SUPPORT FIRST RESPONDER SERVICES 7. Subcontracts of CITY 7.1. In the event that the CITY chooses to subcontracts all or a part of Paramedic services the CITY shall ensure such services are consistent with Ilealth and Safety Codes and Emergency Medical Service policy and procedures. 7.2. Any subcontracts for Paramedic services entered into by CITY shall be in writing and the subcontractor shall deliver such services consistent with Title 22 of the California Code of Regu Iations, Division 9, Chapter 4. A copy of any such subcontract shall be provided to COUNTY. 7.3. No such subcontract shall act to terminate any legal responsibilityof CITY to COUNTY to assure complete performance of all activities and functions required oCITY under this Agreement. 8. Confidentiality CITY shall maintain the confidentialityof its records, including billings, in accordance with all applicable State and Federal laws relating to confident iality.CITY shall inform all its officers, employees and agents, and others providing services hereunder of said confidentiality provisions. COUNTY shall maintain the confidentiality of all records made available hereunder during and after the terms of this Agreement 9. Maintenance of Records 9.1. All administrativerecords under this Agreement shall be maintained by the CITY for a minimum of five years after termination date. COUNTY, at its option, may take custody of a copy of CITY non - patient administrative records related to this Agreement upon contract termination. 9.2. All continuous quality improvement(CQI) and medical control records under this Agreement shall be maintained by the City for a minimum of 3 years. COUNTY, at its option, may make a copy, at COUNTY expense, of CITY's CQI and medical control records. 10. Fiscal and Performance Audits, and Inspectionof Records Authorized Federal, State or County representatives shall have the right to monitor, assess and evaluate CITY performance pursuant to this Agreement. Said monitoring, assessments and evaluations to include but not be limited to audits, inspection of premises, reports (excluding personnel records and reports), patient records and interviews of staff in matters dealing with issues covere&y this Agreement. At any time during normal business hours and as often as COUNTY deems necessary, CITY shall make available to County, State and Federal officials for examination, all its records with respect to matters covereliy this agreement and will permit authorized County, State or Federal officials to audit, examine, copy and make excerpts or transcripts from such records. It is understood that COUNTY shall coordinate all such audits and inspections through the CITY designee. 11. Indemnity 11.1. CITY agrees that its performance under this Agreement is at its own risk and that it shall indemnify the County of San Diego, its agents and employees against and hold harmless from any and all liabilities, both real and alleged, for damages, cost losses, and legal and investigative expenses resulting from, arising out of or in any way connected with the CITY negligence, wrongful City of Natioral City Page 6 of 8 April 2009 Advanced Life Support First RespondeNervices MOA COUNTY OF SAN DIEGO, 1-IIISA, PUBLIC HEALTH SERVICES, EMERGENCY MEDICAL SERVICES BRANCH MEMORANDUM OF AGREEMENT FOR ADVANCED LIFE SUPPORT FIRST RESPONDER SERVICES performance or failure to perform fully under this agreement provided, however, that CITY 's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of theCOUNTY, its agents, officers or employees 11.2. COUNTY shall defend, indemnify and hold harmless CITY, its officers, agents, physicians, students or employeesharmless from and against any and all liability expense, including costs and legal fees incurred in connection with claims or demands for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage arising from or caused by the acts or failures of COUNTY, its officers, agents or employees. However, COUNTY's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of CITY,its agents, officers or employees 12. Drug and Alcohol -Free Work Place COUNTY and CITY agree to the mutual objective of a safe, healthful and productive work place and the prohibition of drugs or alcohol use or impairment from same while performing Paramedic services. Both agencies and their subcontractors have and shall maintain policies and procedures to ensure a drug and alcohol -free work place, and services within their organizations 13. AIDS Discrimination The CITY shall not deny any person the full and equal enjoyment of, or impose less advantageous terms, or restrict the availability of, the use of any County facility or participation in any County funded or supported service or program on the grounds that such person has Acquired Immune Deficiency Syndrome 'rir (AIDS), AIDS -related complex (ARC) or AIDS -related status (ARS), as those terms are defined in Chapter 1, Section 32.1203, San Diego Code of Regulatory Ordinance, a copy of which can be obtained from the Clerk of the Board of Supervisors, 1600 Pacific Highway, San Diego, CA 92101 14. Americans with Disabilities The CITY shall comply with the Americans with Disabilities Act of 1990, pertaining to discrimination against qualified people with disabilities in employment, public services, transportation, public accommodations, and telecommunications services . 15. Religious Activity Prohibited There shall be no religious worship, instructions or proselytization as part of, or in connection with, the performancc of this Agreement 16. Zero Tolerance in Coaching Undocumented Immigrants: 16.1. The County of San Diego, in recognition of its unique geographical location, and the utilization of Welfare and Medi-Cal system by foreign nationals who are not legal residents of this County or Country, has adopted a Zero Tolerance policy and shall aggressively prosecute employees and contractors who coach undocumented immigrants. City of National City Page 7 of 8 April 2009 Advanced Life Support First Respondet ervices MOA COUNTY OF SAN DIEGO, IIHSA, PUBLIC HEALTH SERVICES, EMERGENCY MEDICAL SERVICES BRANCII MEMORANDUM OF AGREEMENT FOR ADVANCED LIFE SUPPORT FIRST RESPONDER SERVICES 16.2. As a material condition of this Agreement, the CITY agrees that the CITY and the CITY's employees, whi le performing services pursuant to this Agreement for the COUNTY, on COUNTY property, or while usingCOUNTY equipment: 16.2.1. Shall not in any way coach, instruct, advise, or guide any Medi-Cal or Welfare clients or prospective clients who are undocumented immigrants on ways to obtain or qualify for MediCal assistance. 16.2.2. Shall not support or provide funds to any organization engaged directly or indirectly in advising undocumented immigrants on ways to obtain or qualify for Medi-Cal assistance. 16.2.2.1. '[he CTI'Y shall inform all employees that are performing services pursuant to this Agreement on COUNTY property or using COUNTY equipment, of the County's Zero Tolerance policy. 16.2.2.2. The COUNTY may terminate for Default or Breach this Agreement if the CITY or CITY employees are determined by the County not to be in compliance with conditions listed herein 17. Zero Tolerance for Fraudulent Conduct in County Services 17.1. CITY shall voluntarily comply with Board of Supervisor's Policy A-120 -Zero Tolerance for Fraudulent Conduct in County Services. Copy of policy is available from the Clerk of the Board of Supervisors, 1600 Pacific Ilighway, San Diego, CA 92101 17.1.1. The CITY shall inform the COUNTY of all the CITY interests, if any, which are or which the CITY believes to be incompatible with any interests of the COUNTY. 17.1.2. The CITY shall not, under circumstances which might reasonably be interpreted as an attempt to influence the recipient in the conduct of his duties, accept any gratuity or special favor from individuals or organizations with whom the CITY is doing business or proposing to do business, in accomplishing the work under the contract. 17.1.3. The CITY shall not use for personal gain or make other improper use of privileged information, which is acquired in connection with his employment. In this connection, the term "privileged information" includes, but is not limited to, unpublished information relating to technological and scientific development; medical, personnel, or security records of individuals; anticipated material requirements or pricing actions; and knowledge of selections of contractors of subcontractors in advance of official announcements. 17.1.4. The CITY or employees thereof, shall not offer directly or indirectly gifts, gratuity, favors, entertainment, travel, or other item of monetary value to an employee of the COUNTY. 17.1.5. CITY may be suspended from doing business with the COUNTY upon adequate evidence that the CITY has been convicted of any of the offenses listed in Policy Board of Supervisor's Policy A-120. City of Natioml City Page 8 of 8 April 2009 Advanced Life Support First Responde6ervices MOA City of National City, California COUNCIL AGENDA STATEMENT `'MEETING DATE July 7, 2009 AGENDA ITEM NO. 6 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING TH\ MAYOR TO SIGN A MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY, PUBLIC HEALTH SERVICES, EMERGENCY MEDICAL SERVICES (EMS) AND THE CITY OF NATIONAL CITY FOR THE PROCUREMENT, TRANSPORT, STORAGE, DISTRIBUTION AND ADMINISTRATION OF DANGEROUS DRUGS AND DEVICES. PREPARED BY Walter Amedee, L 49- DEPARTMENT ire Homeland Security Manager EXPLANATION This Memorandum of Agreement (MOA) was previously approved at the February 17, 2009, City Council Meeting with Resolution # 2009-32. The County has subsequently made several revisions to include: • Page 1, 1st paragraph — removed section title Purpose • Header, Footer, Formatting and numbering changed throughout document • Page 1 Section 1 — County Representative changed to Rebecca Pate. • Page 2, Section 4 — Added section 4.2 regarding notice of termination • Page 2, Section 5 — Memorandum of Agreement is spelled out This MOA provides a policy and medical authorization for the National City Fire Department to procure, store and distribute medical supplies, and pharmaceuticals. Environmental Review NI NIA Financial Statement No negative impact. Approved By: cs Financ Direct Account No. STAFF RECOMMENDATION Staff recommends the City Council authorize the Mayor to sign the Memorandum of Agreement between the County and the City for the procurement, transport, storage, distribution and administration of dangerous drugs and devices. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. MOA between the County of San Diego and the City of National City — Dangerous Drugs and Devices Resolution A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY, PUBLIC HEALTH SERVICES, EMERGENCY MEDICAL SERVICES, AND THE CITY OF NATIONAL CITY FOR THE PROCUREMENT, TRANSPORT, STORAGE, DISTRIBUTION, AND ADMINISTRATION OF DANGEROUS DRUGS AND DEVICES WHEREAS, the proposed Memorandum of Agreement between the City and San Diego County, Health and Human Services Agency, Public Health Services, Emergency Medical Services ("County") provides a policy for agencies to procure, store, and distribute medical supplies and pharmaceuticals, and medical authorization consistent with the San Diego County Policy for the procurement of dangerous drugs and devices. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a Memorandum of Agreement with the County of San Diego, Health and Human Services Agency, Public Health Services, Emergency Medical Services for the procurement, transport, storage, distribution, and administration of dangerous drugs and devices. Said Memorandum of Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of July, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney COUNTY OF SAN DIEGO, I-IHSA, PUBLIC HEALTH SERVICES, EMERGENCY MEDICAL SERVICES BRANCH MEMORANDUM OF AGREEMENT FOR DANGEROUS DRUGS AND DEVICES THIS MEMORANDUM OF AGREEMENT is made between the COUNTY OF SAN DIEGO, hereinafter referred to as COUNTY, and THE CITY OF NATIONAL CITY, hereinafter referred to as CITY, regarding the procurement, transport, storage, distribution and administration of Dangeous Drugs and Devices. 1. Administration of Agreement Each party identifies the following individual to serve as the authorized administrative representative for that party. Any party may change its administrativerepresentativeby notifying the other party in writing of such change. Any such change will become effective upon the receipt of such notice by the other party to this MOA. All reports, letters, notices and/or other correspondence shall be sent to the attention of the designated representatives at their respective addresses City of National City Walter Amedee, Management Analyst III National City Fire Departtnent 1200 National City Blvd. National City, CA 91950 Phone: (619) 336-4556 Email: wamedee@nationalcityca.gov County of San Diego Rebecca Pate, EMS Coordinator Emergency Medical Services 6255 Mission Gorge Road San Diego, Ca 92120 Phone: (619),285-6416 Fax: (619) 285-6531 Email: Rebecca.Pate@sdcounty.ca.gov 2. Definition Dangerous Drugs and Devices: Any drug or device unsafe for self -use (e.g., IV solutions and medications carried on the Medical Intensive Care Unit Inventory), and any drugs or devices hearing the legend, "Caution, federal law prohibits dispensing without prescriptions" or words of similar import. 3. Responsibilities of Parties 3.1 Responsibilities ofCOUNTY: 3.1.1 To provide a policy for advanced life support agencies (Agencies) to procure, transport, store and distribute medical supplies and pharmaceuticals identified in the Inventory (See attached EMS Policy S-416 "Supply and Re -supply of Designated EMS Agencies and Vehicles"). 3.1.2 To provide medical authorization consistent with County Policy for the procurement of Dangerous Drugs and Devices (see Attached EMS policy S400). 3.2 Responsibilities ofCITY: 3.2.1 Develop and implement policies consistent with Policy S416 that include the following: 3.2.1.1 Identification (by title) of individuals responsible for procurement and distribution. 3.2.1.2 A determination of reasonable quantities of supplies and pharmaceuticals that must be maintained to re -supply Agencies. City of National City Page I of 6 April 2009 Dangerous Drugs and Devices MOA COUNTY OF SAN DIEGO, 1I1ISA, PUBLIC HEALTII SERVICES, EMERGENCY MEDICAL SERVICES BRANCH MEMORANDUM OF AGREEMENT FOR DANGEROUS DRUGS ANI) DEVICES 3.2.1.3 Maintenance of copies of all drug orders, invoices, and logs associated with Dangerous Drugs and Devices for a minimum of three (3) years. 3.2.1.4 Procedures for completing a monthly inventory of Dangerous Drugs and Devices which include: 3.2.1.4.1 Ensuring medications are stored in original packaging 3.2.1.4.2 Checking medications for expiration dates, rotating supplies for use prior to expiration, and exchanging current medications 3.2.1.4.3 Properly disposing of expired medications that cannot be exchanged 3.2.1.4.4 Distributing of Dangerous Drugs and Devices to Agency 3.2.1.4.5 Returning medications to pharmaceutical distributor if notified of a recall. 3.2.1.5 Storage of drugs (other than those carried on a vehicle) compliant with the following: 3.2.1.5.1 Drugs must be stored in a locked cabinet or storage area. 3.2.1.5.2 Drugs may not be stored on the floor (storage of drugs on pallets is acceptable). 3.2.1.5.3 Antiseptics and disinfectants must be stored separately from internal and injectable medications. 3.2.1.5.4 Flammable substances (e.g., alcohol) must be stored in a metal cabinet, in accordance with Local fire codes. 3.2.2 Develop, implement and maintain a quality assurance and improvement program that includes a written plan describing the program objectives, organization, scope, and mechanisms for overseeing the procurement, transport, storage, distribution and administration of Dangerous Drugsand Devices. 4. Term 4.1 This Memorandum of Agreement shall be effective upon signature and will remain in effect until terminated pursuant to 4.2. 4.2 Termination of Agreement: Either party may terminate this Agreement uporl 5 days written notice to the other party. 5. Notice Notice Pursuant to this Memorandum of Agreement: Any notice or notices required or permitted to be given pursuant to this Memorandum of Agreement may be personallyserved on the other party by the party City of National City Dangerous Drugs and Devices MOA Page 2 of 6 April 2009 COUNTY OF SAN DIEGO, HIISA, PUBLIC HEALTH SERVICES, EMERGENCY MEDICAL SERVICES BRANCH MEMORANDUM OF AGREEMENT FOR DANGEROUS DRUGS AND DEVICES giving such notice, or may be served by certified mail or registered mail, to the administrators cited in Paragraph 1. 6. Maintenance of Records Copies of all drug orders, invoices, and logs associated with this contract shall be maintained by CITY and available for audits for a minimum of three (3)years. 7. Insurance Requirements 7.1 Without limiting CITY 'S indemnification obligations to COUNTY, CITY shallprovide at its sole expense and maintain for the duration of this agreement, or as may be further required herein, insurance against claims for injtries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of the work by the CITY, and its agents, representatives, employees or subcontractors 7.2 Minimum Scope of Insurance: Covaage shall be at least as broad as: 7.2.1 Commercial General Liability, Occurrence form, Insurance Services Office form C00001. 7.2.2 Automobile Liability covering all owned, non owned, hired auto Insurance Services Office form CA0001. 7.2.3 Workers' Compensation, as required by State of California and Employer's Liability Insurance. 7.2.4 Professional Liability required if CITY provides or engages any type of professional services including but not limited to medical professionals, counseling services, or legal services. 7.3 Minimum Limits of Insurance: CITY shall maintain limits no less than: 7.3.1 Commercial General Liability including Premises, Operations, Products and Completed Operations, Contractual Liability, and Independent Contractors Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. The General Aggregate limit shall be $2,000,000. 7.3.2 Automobile Liability: $1,000,000 each accident for bodily injury and property damage. 7.3.3 Employer's Liability: $1,000,000 each accident for bodily injury or disease. Coverage shall include waiver of subrogation endorsement in favor of County of San Diego. 7.3.4 Professional Liability: $1,000,000 per claim with an aggregate limit of not less than $2,000,000. Any self -retained limit shall not be greater than $25,000 per occurrence/event without COUNTY'S Risk Manager's approval. 7.3.5 Coverage shall include contractual liability coverage. If policy contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any such aggregate limit has been paid or reserved, COUNTY will require additional coverage to be purchased by CITY to restore the required limits. This City of National City Page 3 of 6 April 2009 Dangerous Drugs and Devices MOA COUNTY OF SAN DIEGO, I II ISA, PUBLIC I IEALTH SERVICES, EMERGENCY MEDICAL SERVICES BRANCH MEMORANDUM OF AGREEMENT FOR DANGEROUS DRUGS AND DEVICES coverage shall be maintained for a minimum of two years following termination of completion ofCITY'S work pursuant to the Agreement. 7.4 Deductibles and Self -Insured Retentions: Any deductible or self -insured retention must be declared to and approved by theCOUNTY'S Risk Manager. At the option of COUNTY, either: the insurer shall reduce or eliminate aich deductibles or sell:insured retentions as respects the COUNTY, the me►nbers of the Board of Supervisors of the County and the officers, agents, employees and volunteers; or the CITY shall provide a financial guarantee satisfactory to the COUNTY guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 7.5 General Provisions 7.5.1 Qualifying Insurers: All required policies of insurance shall be issued by companies which have been approved to do business in the State of California by the State Department of Insurance, and which hold a current policy holder's alphabetic and financial size category rating of not less than A-, VII according to the current Best's Key Rating guide, or a company of equal financial stability that is approved in writing by County's Risk Manager. 7.5.2 Evidence of Insurance: Prior to commencementof this Agreement, but in no event later than the effective date of the Agreement, CITY shall furnish the COUNTY with certificates of insurance and amendatory endorsements effecting coverage required by this clause. CITY shall furnish certified copies of the actual required insurance policies within thirty days after commencement of Agreement. Thereafter, copies of renewal policies, certificate and amendatory endorsements shall be furnished to COUNTY within thirty days of the expiration of the term of any required policy. CITY shall permit COUNTY at all reasonable times to inspect any policies of insurance whichClTY has not delivered to County. 7.5.3 Failure to Obtain or Maintain Insurance; COUNTY'S Remedies: CITY'S failure to provide insurance specified or failure to furnish certificates of insurance, amendatory endorsements and certified copies of policies, or failure to make premium payments required by such insurance, shall constitute a material breach of the Agreement, and COUNTY may, at its option, terminate the Agreement for any such default b}CITY. 7.5.4 No Limitation of Obligations: The foregoing insurance requirements as to the types and limits of insurance coverage to be maintained by CITY, and any approval of said insurance by the COUNTY are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by CITY pursuant to the Agreement, including, but not limited to, the provisions concerning indemnification. 7.5.5 Review of Coverage: COUNTY retains the right at any time to review the coverage, form and amount of insurance required herein and may require CITY to obtain insurance reasonably sufficient in coverage, form andamount to provide adequate protection against the kind and extent of risk which exists at the time a change in insurance is required. 7.5.6 Self -Insurance: CITY may, with the prior written consent of COUNTY'S Risk Manager, fulfill some or all of the insurance requirements contained in this Agreement under a plan of self-insurance. CITY shall only be permitted to utilize such self-insurance if in the opinion of City of National City Page 4 of 6 April 2009 Dangerous Drugs and Devices MOA COUNTY OF SAN DIEGO, HIISA, PUBLIC HEALTII SERVICES, EMERGENCY MEDICAL SERVICES BRANCH MEMORANL)UM OF AGREEMENT FOR DANGEROUS DRUGS AND DEVICES COUNTY' S Risk Manager, CITY'S (i) net worth, and (ii) reserves for payment of claims of liability against CITY, arc sufficient to adequately compensate for the lack of other insurance coverage required by thisAgreement. CITY'S utilization of self-insurance shall not in any way limit liabilities assumed byCITY under the Agreement. 7.5.7 Claims Made Coverage: Ifcoverage is written on a "claims made" basis, the Certificate of Insurance shall clearly so state. In addition to the coverage requirements specified above, such policy shall provide that: 7.5.7.1 The policy retroactive date coincides with or precedes CITY'S commencement or work under the Agreement (including subsequent policies purchased as renewals or replacements). 7.5.7.2 CITY shall make every effort to maintain similar insurance during the required extended period of coverage following expiration of the Agreement, including the requirement of adding all additionalinsured. 7.5.7.3 If insurance is terminated for any reason, CITY shall purchase an extended reporting provision of at least two years to report claims arising in connection with the Agreement. 7.5.7.4 The policy al lows for reporting of circumstancesor incidents that might give rise to future claims. 7.5.8 Subcontractors' Insurance: CITY shall require that any and all Subcontractors hired by CITY are insured in accordance with this Agreement. If any Subcontractors coverage does not comply with the foregoing provisions, C ITY *shall defend and indemnify the COUNTY from any damage, loss, cost or expense, including attorney fees, incurred by COUNTY as a result of Subcontractors failure to maintain required coverage. 7.5.9 Waiver of Subrogation: CITY and COUNTY release each other, and their respective authorized representatives, from any Claims (as defined in the Article entitled "Indemnity" of the Agreement), but only to the extent that the proceeds received from any policy of insurance carried by COUNTY or CITY, other than any self-insurance, covers any such Claim or damage. Included in any policy or policies of insurance provided by CITY hereunder shall be a standard waiver of rights of Subrogation against COUNTY by the insurance company issung said policy or policies. 8. Indemnity 8.1 Agency agrees to defend, indemnify, protect and hold COUNTY and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to an person or property, including injury to Agency employces,agents or officers, which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of COUNTY and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that CITY'S duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole City of National City Page 5 of 6 April 2009 Dangerous Drugs and Devices MOA COUNTY OF SAN DIEGO, HHSA, PUBLIC HEALTII SERVICES, EMERGENCY MEDICAL SERVICES BRANCH MEMORANDUM OF AGREEMENT FOR DANGEROUS DRUGS AND DEVICES negligence or willful misconduct of COUNTYits agents, officers or employees City of National City County of San Diego By: By: Ron Morrison, Mayor Nick Macchione, MS, MPH, FACI IE City of National City Director, Health & Human Services Agency Dated: Dated: APPROVED AS TO FORM AND LEGAUTY COUNTY COUNSEL. City of National City Page 6 of 6 April 2009 Dangerous Drugs and Devices MOA City of National City, California COUNCIL AGENDA STATEMENT .►MEETING DATE July 07, 2009 AGENDA ITEM NO. 7 ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to execute a third amendment to agreement with Tyler Technologies Inc. in the amount of $10,500.00 to setup user accounts, system security and approval queues in the Human Resources Web Module in the EDEN Financial System. PREPARED BY DEPARTMENT Ron Williams Zif (Ext. 4373) EXPLANATION MIS The Human Resources Web Module is an add -on software module within the Eden Financial System which provides a comprehensive method for updating employee data and submitting electronic time card information using a web browser(Internet Explorer, Firefox). The implementation of the module will require additional vendor support to setup 600 user accounts, configure system security and approval queues in the HR Web Module. Environmental Review NJ N/A Financial Statement This project is funded via IT internal services charges account 630-415-000-281-0000. Approved By. Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Attachment 1: Amendment A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A THIRD AMENDMENT TO AGREEMENT WITH TYLER TECHNOLOGIES, INC., IN THE AMOUNT OF $10,500 TO SETUP USER ACCOUNTS, SYSTEM SECURITY, AND APPROVAL QUEUES IN THE HUMAN RESOURCES WEB MODULE IN THE EDEN FINANCIAL SYSTEM WHEREAS, on September 22, 1998, the City Council adopted Resolution No. 98-121, approving an agreement in the amount of $242,236.80 with Eden Systems, Inc., the predecessor of Tyler Technologies, for installation of software for an Integrated Financial Management Information System (Eden); and WHEREAS, on October 17, 2000, the Agreement was amended by revising the scope of work, which reduced the amount of the Agreement by $161,086.80 for a new total amount of $81,150; and WHEREAS, on December 16, 2008, the Second Amendment to the Agreement with Tyler Technologies in the amount of $14,705 enhanced the City's Eden Financial System by implementing a Human Resources Web Module; and WHEREAS, a Third Amendment to the Agreement in the amount of $10,500 is to setup user accounts, system security, and approval queues in the Human Resources web Module in the Eden System, bring the total amount of the Agreement to $428,528.60. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Third Amendment to Agreement with Tyler Technologies, Inc., in the amount of $10,500 to setup user accounts, system security, and approval queues in the Human Resources Web Module in the City's Eden Financial System. Said Third Amendment to Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of July, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND TYLER TECHNOLOGIES, INC. This Third Amendment to Agreement is entered into this 7th day of July, 2009, by and between the CITY OF NATIONAL CITY, a municipal corporation ("the CITY"), and TYLER TECHNOLOGIES, INC. (the "CONSULTANT"). RECITALS A. The CITY and the CONSULTANT entered into an agreement on September 24, 1998, ("the Agreement") wherein Eden Systems, Inc., the processor of the CONSULTANT, agreed to provide financial systems software services. B. On October 17, 2000, the Agreement was amended by adding an addendum to revise the scope of work, reducing the cost of services for a new total amount of $81,150. C. The parties desire to amend the Agreement to provide additional financial software module and associated services, as listed in the quote attached and made a part hereto as Exhibit A, in the amount of $10,500.00. D. Invoicing and payment terms for the items contained in Exhibit A will be as follows: 1. CONSULTANT will invoice the CITY for year one support upon the first day of Training. CONSULTANT will prorate the support fee due to coincide with the CITY'S then current annual support agreement. 2. CONSULTANT will invoice the CITY for Services, plus expenses, as provided or incurred. 3. Payment is due within thirty (30) days of invoice date. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on September 24, 1998, as amended on October17, 2000, shall be amended to provide an additional financial software module and associated services as set forth in the attached Exhibit "A", and to increase the compensation amount by $10,500.00. The parties further agree that, except as specifically modified by this Amendment, each and every term and provision of the Agreement dated September 24, 1998, as amended on October 17, 2000, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney TYLER TECHNOLOGIES, INC. (Corporation - signatures of two corporate officers) (Partnership - one signature) (Sole proprietorship - one signature) By: (Name) (Print) (Title) By: (Name) (Print) (Title) EXHIBIT A �.- Tyler Technologies I EDEN Division Authorization for Professional Services AFPS Number: 18967 Date Created: 6/19/2009 Requested By: Jeanette Ladrido Customer: NATIONAL City of National City Description: Add E-users for Hrweb Desired Date: Detailed description of work: : Tyler will create &user accounts for all active employee, approximately 600. Tyler will create the E-User account following the current naming convention for the City. Passwords for each employee will be the first 4 digits of their last name and the last four cf the SSN. Tyler will populate all address information for the E-User based on information in the main payroll address This is a fixed fee project. You will be billed fcr amount of AFPS. The price quoted is a fixed fee for performing the work detailed above. You will Fixed Cost: $9,750.00 be charged the quoted amount regardless of the actual number of hours worked by EDEN to complete this project. Note: Estimated cost does not include taxes and all applicable taxes will be added. Note that any modifications to the scope of work may result in change orders that may affect the final estimate and cost of this project. All change orders must be approved by EDEN and will be accompanied by an AFPS Change Order Form, or an execution of a supplementary AFPS. Please contact the person named below for a corrected estimate if you wish to change the scope of work. If you have any questions about this AFPS, please contact Christina Hendrickson at (800) 328-0310. I certify that I have the authority to approve the work described above and that my signature on this AFPS constitutes a promise to pay EDEN according to the payment terms prescribed above upon successful completion of the work. Tyler Technologies - EDEN Division (Licensor) Receiving Agency (Licensee) Authorized By: Authorized By: Signature: Signature: Title: Title: Date: Date: PO Number: City of National City, California COUNCIL AGENDA STATEMENT "MEETING DATE July 07, 2009 Narre AGENDA ITEM NO. 8 ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to execute an annual software maintenance agreement with Northrop Grumman Information Technology Inc. in the not -to -exceed amount of $66,964 to support the Law Enforcement Automated Field Reporting System(AFR) PREPARED BY DEPARTMENT Ron Williams (Ext. 4373) EXPLANATION MIS The Automated Field Reporting(AFR) system provides National City Police Department with real-time electronic records related to crime and arrest reports. The AFR data is processed and uploaded to the San Diego Area Regional Justice Information System(ARJIS). Due to the proprietary nature of the AFR system, Northrop Grumman Technology Inc. is the sole entity qualified to provide on -going software maintenance and support. It is requested that Council waive the formal bidding requirements as allowed in Section 12 of Purchasing Ordinance #1480, and in Chapter 2.60.220(d) of the Municipal Code, and award the contract to Northrop Grumman Technology Inc., for the following reasons: 1. Northrop Grumman sole entity qualified to support the proprietary AFR software application 2. The price has been determined to be competitive within the industry. 3. No further purpose would be served by issuing a formal bid at this point in the process. Environmental Review N/A Financial Statement Funded via IT internal services charges account 630-415-000-281-0000. Approved By: Account No. finance Director STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Attachment 1: Agreement A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SOFTWARE MAINTENANCE AGREEMENT WITH NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. IN THE NOT -TO -EXCEED AMOUNT OF $66,964 TO SUPPORT THE LAW ENFORCEMENT AUTOMATED FIELD REPORTING SYSTEM WHEREAS, the Automated Field Reporting ("AFR") System provides the Police Department with real-time electronic records related to crime and arrest reports. The AFR data is processed and uploaded to the San Diego Area Regional Justice Information System ("ARJIS"); and WHEREAS, due to the proprietary nature of the AFR System, Northrop Grumman Technology, Inc., is the only entity qualified to provide on -going software maintenance and support, and Northrop Grumman Technology, Inc., is willing to provide such service for the not -to -exceed amount of $66,964. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute a software maintenance agreement Northrop Grumman Technology, Inc., in the not -to -exceed amount of $66,964 to provide software maintenance and support for the Police Department's Automated Field Reporting System. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of July, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Northrop Grumman Information Technology, Inc. Proprietary Contains'rrade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. MASTER MAINTENANCE AGREEMENT This Agreement is entered into between Northrop Grumman Information Technology, Inc. (represented herein by their Commercial State and Local Programs Business Unit), a Delaware corporation, with an office at 15010 Conference Center Drive, Chantilly, VA 20151-3801, hereinafter referred to as "NORTHROP GRUMMAN", and the City of National City, California, hereinafter referred to as "Customer". 1. SCOPE OF AGREEMENT NORTHROP GRUMMAN will provide the following services: • Services provided for by the NORTHROP GRUMMAN Software Maintenance Sub -Agreement, (copy attached), which includes NORTHROP GRUMMAN provided software as shown on Exhibit A of the Software Agreement. The above shall be referred to as sub -agreements. 2. TERM OF AGREEMENT The term of this Agreement shall commence on July 1, 2009, and shall continue for a term of five (5) years at the prices outlined in Exhibit "A". 3. TERMINATION This Agreement may be terminated at any time by either party by providing a 90 day written notice of termination. As such, the Agreement shall terminate with no further financial obligation of the Customer with respect to payment of obligations due after 90 days from the date of such notice. 4. TERMS AND CONDITIONS In the event of a conflict, the terms of this Agreement shall take precedence over the terms and conditions of the sub -agreements. Document Prepared 6/9/09 MMK AFR 0609 Page I of 6 Northrop Grumman Information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. MASTER MAINTENANCE AGREEMENT 5. PRICE AND PAYMENT The Customer shall pay the amount labeled "Total Due," with respect to the period identified, in Exhibit "A" (attached). The fees for Basic Software Maintenance shall be paid annually in advance. Per call and block time charges in Item 2 of Exhibit B NORTHROP GRUMMAN SOFTWARE MAINTENANCE SUB -AGREEMENT will be invoiced after the service is performed. Prices in this Agreement are exclusive of applicable taxes, if any. Taxes are the respon- sibility of the Customer and will be added to the invoices. Payment terms are net thirty (30) days from date of invoice. NORTHROP GRUMMAN reserves the right to charge interest for late payments at the rate of one and one-half percent (1.5%) per month. 6. AMENDMENT OF THIS AGREEMENT The Customer reserves the right to request changes which would include alterations, deviations, additions to or deletions from the scope of work of this Agreement, as may be deemed by the Customer to be necessary or required for the proper completion of the whole work contemplated. Any such changes will be set forth in an Amendment/Changes Orders to this Agreement which will specify the change in work to be performed and any increase/decrease in compensation due NORTHROP GRUMMAN for such work. No such requested changes shall be effective until the execution of an appropriate amendment of this Agreement by both parties. 7. NOTICES Any notice required to be given by the terms of this Agreement shall be deemed to have been given when the same is sent by certified mail, postage prepaid, or courier service to the respective parties as follow: Customer: Northrop Grumman Information The City of National City Technology, Inc. 1200 National City Blvd Sue Jun National City, CA 91950 15010 Conference Center Drive Chantilly, VA 20151-3801 Document Prepared 6/9/09 MMK_AFR_0609 Page 2 of 6 Northrop Grumman Information Technology, Inc. Proprietary Contains Tradc Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. MASTER MAINTENANCE AGREEMENT 8. INDEPENDENT CONTRACTOR NORTIIROP GRUMMAN is an independent contractor under this Agreement, and not an employee or agent of Customer. All payments hereunder shall be made to NORTHROP GRUMMAN. No deductions shall be made from the payments provided for under Article V above for any reason including taxes, workman's compensation or insurance. 9. LIMITATION OF LIABILITY AND REMEDIES a. Limited Warranty NORTHROP GRUMMAN MAKES NO WARRANTIES HEREUNDER, EITHER EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). b. Limitation of Remedy Except for damages to third parties as set forth in Section 10, customer agrees that NORTIIROP GRUMMAN's liability hereunder for damages shall not exceed the annual maintenance fee paid to NORTHROP GRUMMAN for the maintenance period in which the cause of the action occurred. c. Limitation of Damages IN NO EVENT SHALL NORTHROP GRUMMAN BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES. Document Prepared 6/9/09 MMK AFR 0609 Page 3 of 6 Northrop Grumman Information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. Nage MASTER MAINTENANCE AGREEMENT 10. INDEMNIFICATION NORTHROP GRUMMAN shall indemnify, defend, and hold harmless Customer from and against any and all claim, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including attorneys' fees) and liabilities, of, by or with respect to third parties, which arise solely from the intentional misconduct or negligence of NORTHROP GRUMMAN, NORTHROP GRUMMAN's employees, agents or subcontractors. NORTHROP GRUMMAN shall not be responsible for, and Customer shall, within the limits of California law and without waiving any of its rights, privileges or governmental immunities from suit or liability, indemnify, defend, and hold harmless NORTHROP GRUMMAN from and against, any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including attorneys' fees) and liabilities, of, by or with respect to third parties, which arise solely from Customers' negligence. With respect to any and all claims, demand, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including attorney's fees) and liabilities, of, by or with respect to third parties, ftio' which arise from the joint or concurrent negligence of NORTHROP GRUMMAN and Customer, each party shall assume responsibility in proportion to the degree of its respective fault. 11. FUNDING The customer has reviewed their funding and verifies to Northrop Grumman that none of their funding to be used in this quotation will include American Recovery and Reinvestment Tax act of 2009 ("ARRA") funds, funds from the Emergency Economic Stabilization Act ("ESSA") or funds from the Trouble Assist Relief Program ("TARP"). Prior to applying any funds from any of the three identified sources of the funds above onto this contract the customer shall notify Northrop Grumman. If ARRA, TARP or ESSA finds are to be applied towards this contract, Northrop Grumman may either elect to terminate the effort for convenience prior to the application of any funds from the identified sources or to ratify the contract. Nage Document Prepared 6/9/09 MMK_AFR_0609 Page 4 of 6 Northrop Grumman Information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. MASTER MAINTENANCE AGREEMENT 12. ENTIRE CONTRACT This Agreement and attached Sub-Agreement(s) represent the entire and integrated agreement between the parties hereto and supersedes all prior and contemporaneous negotiations, representations, understandings, and agreements, whether written or oral, with respect to the subject matter hereof. This Agreement may be amended only by written instrument signed by the parties hereto. The City of National City: Northrop Grumman Information Technology, Inc.: Signature of Authorized Representative Sue Jun Contracts Administrator Printed Name "Title Date Date Document Prepared 6/9/09 MMK_AFR_0609 Page 5 of 6 Northrop Grumman Information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. MASTER MAINTENANCE AGREEMENT Exhibit "A" Price and Payment: Period No. 1 —July 1, 2009 — June 30, 2010 Basic Software Maintenance AFR $55,092.00 Total Due, Period No. 1 $55,092.00 Period No. 2 —July 1, 2010 — June 30, 2011 Basic Software Maintenance AFR $57,846.00 Total Due, Period No. 2 $57,846.00 Period No. 3 —July 1, 2011—June 30, 2012 Basic Software Maintenance AFR $60,739.00 Total Due, Period No. 3 $60,739.00 Period No. 4 —July 1, 2012 —June 30, 2013 Basic Software Maintenance AFR $63,776.00 Total Due, Period No. 4 $63,776.00 Period No. 5 —July 1, 2013 — June 30, 2014 Basic Software Maintenance AFR $66,964.00 Total Due, Period No. 5 $66,964.00 Document Prepared 6/9/09 MMK AFR 0609 Page 6 of 6 Northrop Grumman Information Technology, Inc Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. SOFTWARE MAINTENANCE SUB -AGREEMENT SUB -AGREEMENT effective July 1, 2009, between Northrop Grumman Information Technology, Inc. (represented herein by its Commercial State and Local Programs Business Unit), 15010 Conference Center Drive, Chantilly, VA 20151-3801 ("NORTHROP GRUMMAN") and the City of National City, ("Customer"). 1. SOFTWARE SYSTEM For the purpose of this Sub -Agreement, the "Software System" shall mean the NORTHROP GRUMMAN Computer Software System (Software System) identified in Exhibit A. 2. SOFTWARE SUPPORT SERVICES a. Maintenance Support With respect to the Software System, NORTHROP GRUMMAN agrees to perform, or cause to be performed, the following maintenance services: 1. NORTHROP GRUMMAN will retain a complete copy of the NORTHROP GRUMMAN application source code to guard against the permanent Toss of system functions in the event of disaster. 2. If during the term of this Agreement, (a.) the Customer discovers defects in the Software System such that same will not perform in accordance with NORTHROP GRUMMAN's design; (b.) the Customer notifies NORTIIROP GRUMMAN of such defects; and, (c.) such defects arc reproducible, then NORTIIROP GRUMMAN shall provide, or cause to be provided, timely corrections of such defects. As applicable and required, Customer shall be responsible for installing corrections to applicable workstation software. 3. If problems arise concerning the Software System, NORTHROP GRUMMAN will provide telephone assistance within the schedule stated in Section 3, Problem Reporting. 4. If Critical problems arise from the NORTHROP GRUMMAN application (see 3. Problem Reporting) and the Customer cannot correct them by following system management training and/or procedures previously supplied by NORTHROP GRUMMAN or Masi, NORTHROP GRUMMAN will provide assistance to restore the Software System opera- tions 24 hours a day, 365 days a year without additional charge to the Customer. Document Prepared 06/09/09 SMK AFR__0609 Page 1 of 7 Northrop Grumman Information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. SOFTWARE MAINTENANCE SUB -AGREEMENT b. Software Improvements and Upgrades During the term of this Agreement, NORTHROP GRUMMAN shall supply Customer with improvements and upgrades to those functions or features of the Software Products which were described in the Functional Specification Design and supplied under the applicable contract and which are not priced separately. NORTI IROP GRUMMAN will provide one (1) software upgrade per year. c. Installation of Corrections, Improvements or Upgrades NORTI IROP GRUMMAN shall provide changes and installation support to the Software Products including updates, upgrades, releases, patches, corrections or improvements by telephone modem or the appropriate transport media, all at the option of NORTHROP GRUMMAN. Customer shall provide installation, distribution, support or access as may be reasonably required to successfully install the changes. 3. PROBLEM REPORTING Problems are logged into NORTHROP GRUMMAN's problem tracking system and the Customer is given a problem ticket number. The call is prioritized based on what is being reported, and how serious the Customer perceives the problem. Priority one problems receive immediate attention and are worked continuously until resolved. Priority two, three and four calls are placed in the queue, assigned to programmers and are addressed based on order received and priority. Customers may escalate problems to the CSG Service Manager if they feel they are not being addressed in a timely manner. The following arc NORTI IROP GRUMMAN's prioritizations: Priority One: Critical Guaranteed response time of 2 hours; worked continuously until respolved Software Errors that prevent or substantially interfere with operation of the NORTI IROP GRUMMAN installed software for its primary intended purpose on a system wide basis, as described in the Functional Design Specification, such as those errors that can cause loss of data or prevent the product from running. Examples include, but are not limited to: • Complete system outage (system down) of a major application o Computer Aided Dispatch - Tr et-" o Message Switching System --= N-•� r�t1- o Records Management System { a°f}�f O Q o Mobile Data Computing System -. „k-or•k.P- Document Prepared 06/09/09 SMK_ AFR_0609 Page 2 of 7 Northrop Cnumman Information Technology, Inc Proprietary Contains Trade Secrets and Information which is Commercial or Financial. and Privileged or Confidential NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. SOFTWARE MAINTENANCE SUB -AGREEMENT • Workstation failure of a critical workstation; mission critical tasks that cannot be performed on another workstation. • Database failure or performance degration to the point of inoperability Priority Two: IIigh Guaranteed response time of 4 hours Software Errors that do not prevent or substantially interfere with operation of the NORTHROP GRUMMAN system for its primary intended purpose or are not system wide, but that do prevent or materially interfere with end user performance of common functions described in the Functional Design Specification. Examples include, but are not limited to: • Workstation failure of a non -mission critical workstation, where there is no alternate workstation for that functionality • Loss of communications with the mobile data controller, other than such loss due to malfunction occurring outside of the NORTIIROP GRUMMAN system • System response times doubling and continuing beyond fifteen (15) minutes, other than such doubling due to malfunction occurring outside of the NORTHROP GRUMMAN system. Priority Three: Medium Guaranteed response time of I business day Minor problems that do not prevent the users from performing their job, but there is no reasonable work -around. Priority Four: Low Guaranteed response time of 5 business days Informational, or suggestion for future functionality of the software. 4. RESPONSIBILITIES OF CUSTOMER The obligations of NORTHROP GRUMMAN under this Agreement are conditioned upon: a. Customer assigning a Coordinator to ensure that Customer's assignments in connection with this Agreement are met, to coordinate appropriate schedules in connection with NORTIIROP GRUMMAN's services hereunder, and to serve to provide other coordination activities which arc necessary for NORTHROP GRUMMAN to perform its services hereunder. As applicable and required, Coordinator shall also be responsible for distributing Software System corrections to the individual client workstations. Document Prepared 06/09/09 SMK_AFR_0609 Page 3 of 7 Noahiop Grumman Information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commerc,al or Finanetal, and Pnvilegcd or Confidential NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. SOFTWARE MAINTENANCE SUB -AGREEMENT h. Customer will assign at least one (1) technically capable individual, as required by NORTHROP GRUMMAN to assist NORTHROP GRUMMAN in perfbrming its services hereunder. c. Customer establishing an on -site dial -up line or VPN access to enable NORTHROP GRUMMAN to remotely access the Software System. Customer, in accordance with a schedule mutually agreed upon by NORTHROP GRUMMAN and Customer, shall connect the dial -in modem, at customer's cost and expense, in order to enable NORTHROP GRUMMAN to remotely access the Software System. Where applicable, Customer shall also compile programs and run appropriate tests following each remote access by NORTHROP GRUMMAN. d. Customer shall be responsible for controlling security and access to the computer systems. The Customer shall connect the dial -in modem or VPN access in a timely manner to allow NORTHROP GRUMMAN to perform maintenance activities, and the Customer shall provide the appropriate usemames and authorization codes to NORTHROP GRUMMAN whenever maintenance work is to be done. e. Customer shall not perform any modifications or enhancements to the Software System or allow any person or entity not specifically authorized by NORTHROP GRUMMAN to perform any modifications or enhancements to the Software System. f. As applicable and necessary, during the term of the Master Maintenance Agreement, and any subsequent extensions of the term, Customer shall provide NORTHROP GRUMMAN with a verified copy of the Software System back-up, including Source Code, on an annual basis, at no cost to NORTHROP GRUMMAN, for use in assisting the Customer during disaster recovery efforts if requested. g. It is the Customer's sole responsibility for insuring System Management Procedures are performed for continuous operation of the RMS systems. This includes, but is not limited to, performing system and file backups, routine configuration changes, installation of operating system and patches, system and database backups, system and database performance tuning, network problem diagnosis, and system monitoring and preventive maintenance. h. Customer shall coordinate hardware repairs with the appropriate third -party hardware maintenance provider. Document Prepared 06/09/09 SMK_AFR 0609 Page 4 of 7 Northrop Grumman Information Technology, Inc Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. SOFTWARE MAINTENANCE SUB -AGREEMENT 5. TERM The term during which NOR'FHROP GRUMMAN shall he obligated to perform under Section 2 shall commence July 1, 2009, and, unless terminated pursuant to the NORTHROP GRUMMAN MASTER MAINTENANCE AGREEMENT shall continue for a period of five (5) years. 6. LICENSE With respect to each correction to the Software System furnished to Customer under this Agreement, Customer is granted a non-exclusive, non -assignable, non -transferable license to use such correction solely as appropriate as part of the Software System as defined in the" License" Article of the Agreement for the System(s). Document Prepared 06/09/09 SMK_AFR_0609 Page 5 of 7 Northrop Grumman Information Technology, Irc Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. SOFTWARE, MAINTENANCE SUB -AGREEMENT - EXIIIBIT A - SOFTWARE SYSTEM The software system to be maintained under this Agreement including any unique technical conditions is as follows: The Customer's Automated Field Reporting System as defined in the Functional Specification Document as well as any enhancements submitted to and accepted by the Customer including any additional contractual work performed by Northrop Grumman. Document Prepared 06/09/09 SMK__AFR_0609 Page 6 of 7 Northrop Grumman tnfotmat,on Technology, Inc Proptietary Contains Tradc Secrets and Information which is Commcrcial or Financial, and Privileged or Confidential NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. SOFTWARE MAINTENANCE SUB -AGREEMENT - EXHIBIT B - SERVICES TO BE PROVIDED Basic software service shall he provided five (5) days per week from 5:30 a m through 5:30 p m. Pacific Time excluding NORTIIROP GRUMMAN holidays. Calls made outside the above Basic service times will he billable as follows: Year I - $1,140 per call for the first four hours of consultation and $285/hour for an additional consultation Year 2 - $1,200 per call for the first four hours of consultation and $300/hour for an additional consultation Year 3 - $1,260 per call for the first four hours of consultation and $315/hour for an additional consultation Year 4 - $1,320 per call for the first four hours of consultation and $330/hour for an additional consultation Year 5 - $1,388per call for the first four hours of consultation and $347/hour for an additional consultation However, if Serious problems arise (see 3. Severity Level) and the Customer cannot correct them by following the system management procedures previously supplied by NORTHROP GRUMMAN, calls made outside of the Basic service times will not be billable. The determination of whether an after- hours call is billable will he made solely by NORTHROP GRUMMAN. 2 ON DEMAND MAINTENANCE SERVICES - ODMS ODMS is defined as forty (40) contiguous hours of remote NORTHROP GRUMMAN Programmer services for the "NORTHROP GRUMMAN installed system" (System). Services to be performed by the NORTHROP GRUMMAN Programmer are at the discretion of the Customer. It is advisable to transmit to NORTHROP GRUMMAN, prior to the NORTHROP GRUMMAN Programmer service, a list of work descriptions desired by the Customer. The ODMS to be performed by the NORTHROP GRUMMAN Programmer will be on a "best effort" basis. If the work is not complete or task finished by the NORTHROP GRUMMAN Programmer at the end of forty (40) hours, the Customer has the option to contract for additional ODMS or have NORTHROP GRUMMAN complete the work on a "time and materials" (T&M) basis. The additional ODMS or T&M work will have to be mutually agreed to and scheduled. ODMS work completed by NORTHROP GRUMMAN will then be transferred and maintained under the Master Maintenance Agreement. The annual ODMS rates for forty (40) hour blocks is as follows: Year 1 - $10,000 Year 2 - $10,500 Year 3 - $11,025 Year 4 - $ f 1,500 Year 5 - $12,000 Customer has the option to have the NORTHROP GRUMMAN Programmer on site. Travel is not included in the rates as defined as above. Travel shall be billed at cost plus 10%. Document Prepared 06/09/09 SMK_AFR_0609 Page 7 of 7 City of National City, California COUNCIL AGENDA STATEMENT .I..itEETING DATE July 7, 2009 AGENDA ITEM NO. 9 ITEM TITLE "arran ' egis er ��� •• or e peno• o Amount of $2,647,084.36 PREPARED BY D. Gallegos -Finance EXPLANATION. roug DEPARTMENT Finance Jeanette Ladr 619-336.43.31 Per Government Section Code 37208, attached are the warrants issued for the period of 05/27/09 through 06/02/09. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Dixieline Builders Health Net Kaiser Foundation Public Emp Ret Sys Check# 227188 227267 227276 227319 Amount 66,118.73 69,795.41 135,871.66 272,140.54 Explanation Site Visit & Inspection Emp Ins — June 09 Emp Ins — June 09 Emp Ret Sys PPE 05/18/09 Environmental Review N/A Financial Statement Not applicable. Account No. STAFF MMENDATION Ratification of warrants in the amount of $2,647,084.36 BOARD/COMMISSION RECOMMENDATION 1. Warrant Register #49 ATTACIiMENIS (Listed Below) Resolution No. A-200 (Rev. 9/80) 1/4 `,, PAYEE FRANK TOYOTA SAN DIEGO CAPCA 3-D ENTERPRISES BEST BEST & KRIEGER LLP CASA FAMILIAR CHRISTINE FORESTER CATALYST CORPORATE EXPRESS COUNTY OF SAN DIEGO DENNISON ASSOCIATES INC DIXIELINE BUILDERS DIXIELINE LUMBER CO. EQUIFAX INFORMATION SVCS GLASS GRAINGER HARRIS & ASSOCIATES LAW OFFICES OF DON DETISCH NAN MCKAY AND ASSOCIATES, INC. -RUDENTIAL OVERALL SUPPLY .E STAR NEWS VISTA PAINT WILLY'S ELECTRONIC SUPPLY XEROX CORPORATION 1800-RADIATOR ABORQUI ISIDRO ACEDO AIRGAS - WEST ALIPIO APOLINARIO ALL FRESH ALLEN AMERICAN RED CROSS ANDREW ASSI SECURITY AT&T/MCI AT&T/MCI AT&T/MCI AUSTIN DOORS BCM CUSTOMER SERVICE BEST BEST & KRIEGER LLP BOOT WORLD BOYD BROADWAY AUTO ELECTRIC CAPF 'N REED JR `„,,LIFORNIA BAKING CO. CALIFORNIA ELECTRIC SUPPLY CALIFORNIA HIGHWAY ADOPTION CO CALIFORNIA LAW ENFORCEMENT CALIFORNIA UNIFORMS, INC. CHICK'S ELECTRIC MOTOR, INC. WARRANT REGISTER # 49 6/2/2009 DESCRIPTION DOWN PMT & 1ST PMT - 4 TOYOTA PRIUS REGISTRATION-ROUSTON/JASMUND RETENTION COMMUNITY YOUTH ATHLETIC CNTR NC APT,SITE VISIT & DRAW INSPECTION CONSULTANT SERVICES OFFICE SUPPLIES - CS VOLUNTARY ASSISTANCE PROGRAM GRANT EXTENSION FOR HUD GRANT SITE VISIT & DRAW INSPECTION GRAFF SUPPLIES CREDIT BACKGROUND CHECK FOR S8 REIMB HHD PROJECT UNIT REPAIRS HEALTHY HOMES CLEANING KITS DESIGN SERVICES MSI DEMO MISC MATTERS HOUSING REGULATIONS ON CD UNIFORMS - CS ADVERTISEMENT PAINTING SUPPLIES HEALTHY HOMES CLEANING KITS LEASE PAYMENT - APRIL 2009 RADIATOR - 1997 FORD TRUCK RANGER REFUND - VIOLATION WAS DISMISSED RETIREE HEALTH BENEFITS JUNE'09 HELIUM REFUND - VIOLATION WAS DISMISSED FOOD RETIREE HEALTH BENEFITS JUNE'09 RECREATION SUPPLIES REFUND - DUPLICATE PAYMENT CITY-WIDE SECURITY REPAIRS PHONE XXX-7549 APR 2009 PHONE X0(0986 05/07-06/06/09 CALNET 2 04/13 - 05/12/09 ER REPAIRS TO FIRE STATION 34 DATA CENTER HVAC MAINTENANCE LIABILITY CLAIM - BALLARDO SAFETY BOOTS - URIBE RETIREE HEALTH BENEFITS JUNE'09 ELECTRICAL PARTS FOR CITY VEHICLES FIRE/LTD JUNE 2009 RETIREMENT 2000964-S90 JUNE 2009 BREAD PRODUCTS BLACK WIRE LITTER REMOVAL 5-6 & 5-20-09 SERVICES PD/LTD JUNE 2009 NAVY POLY/WOOL PANT 324 - A 0 SMITH MOTOR 1/25HP CHK NO DATE AMOUNT 227179 5/28/09 2,800.00 227180 5/28/09 250.00 227181 6/2/09 6,170.00 227182 6/2/09 36.50 227183 6/2/09 32,240.00 227184 6/2/09 13,737.50 227185 6/2/09 92.81 227186 6/2/09 3,355.80 227187 6/2/09 7,336.00 227188 6/2/09 66,118.73 227189 6/2/09 353.87 227190 6/2/09 50.88 227191 6/2/09 1,688.00 227192 6/2/09 223.66 227193 6/2/09 310.00 227194 6/2/09 37.50 227195 6/2/09 224.00 227196 6/2/09 126.34 227197 6/2/09 154.35 227198 6/2/09 1,102.90 227199 6/2/09 34.56 227200 6/2/09 443.23 227201 6/2/09 172.31 227202 6/2/09 305.00 227203 6/2/09 160.00 227204 6/2/09 22.65 227205 6/2/09 305.00 227206 6/2/09 4,325.52 227207 6/2/09 125.00 227208 6/2/09 275.00 227209 6/2/09 35.00 227210 6/2/09 210.00 227211 6/2/09 8,000.04 227212 6/2/09 5,126.95 227213 6/2/09 1,714.70 227214 6/2/09 607.50 227215 6/2/09 150.00 227216 6/2/09 3,062.86 227217 6/2/09 250.00 227218 6/2/09 145.00 227219 6/2/09 494.81 227220 6/2/09 592.00 227221 6/2/09 1,123.93 227222 6/2/09 447.00 227223 6/2/09 1,468.25 227224 6/2/09 960.00 227225 6/2/09 1,755.00 227226 6/2/09 954.81 227227 6/2/09 205.17 CALI 2/4 PAYEE CINGULAR WIRELESS CINGULAR WIRELESS CITY OF CHULA VISTA CITY OF NATIONAL CITY CITY OF SAN DIEGO CONDON CORPORATE EXPRESS COUNTY OF SAN DIEGO COX COMMUNICATIONS CPS CULLIGAN D3 EQUIPMENT DATA TICKET INC DAVIS REED CONSTRUCTION DAY WIRELESS SYSTEMS (20) DEFRATIS DEPARTMENT OF TRANSPORTATION DEPT. OF INDUSTRIAL RELATIONS DICERCHIO DISCOUNT SCHOOL SUPPLY DOERR DONSTON DREDGE DREW FORD ECOLAB ED BRAINARD ED REED EWERT, PHILLIP EXPRESS TEL FERGUSON ENTERPRISES, INC FIRE ETC GARCIA GEOHYDROLOGIC CONSULTANT, INC. GORMSEN APPLIANCE CO GRAINGER HAMILTON MEATS & PROVISIONS HANSON HARRIS & ASSOCIATES HD SUPPLY HEALTH NET HEALTH NET HEALTH NET HEALTH NET HOLLOWAY HONEYWELL INC. INDUSTRIAL COATING AND INFRASTRUCTURE ENGINEERING JAMES KAISER FOUNDATION HEALTH PLANS gg INCARPORAT'ED WARRANT REGISTER # 49 6/2/2009 DESCRIPTION PD WIRELESS SVC 04/06-05/05/09 PD WIRELESS SVC 04/06-05/05/09 ANIMAL SHELTER COSTS PETTY CASH PPE APRIL 30, 2009 SEWER TRANSPORTATION CHARGES RETIREE HEALTH BENEFITS JUNE'09 OFFICE SUPPLIES - PD SD SHARE OF PC REVENUE - APR 09 INTERNET DATA SVC 05/07-06/06/09 POLICE RECRUIT TESTING WATER SOFTNER SVCS LABOR TO INSPECT/REPAIR BACKHOE PC PROCESSING, APPEALS REFUND OF BLDG PERMIT COST RADIO SERVICE CONTRACT RETIREE HEALTH BENEFITS JUNE'09 HIGHWAY LIGHTING REC & PLAYGROUND EQUIPMENT RETIREE HEALTH BENEFITS JUNE'09 BUTCHER PAPER (YELLOW, BLUE,GREEN) NC CONCERT BAND NC CONCERT BAND RETIREE HEALTH BENEFITS JUNE'09 KITS - PARTS-SENSOR/WHEEL PARTS DISHWASHER MAINTENANCE PESTICIDE SEMINAR - PW DIRECTOR STIPEND - NC CONCERT BAND RETIREE HEALTH BENEFITS JUNE'09 LONG DISTANCE 04/20 - 05/20/09 SWT 20 MESH Y STRN SCBA MASK BAG, TRUE NORTH MODEL EDUC REIMB - COMMAND 1C COURSE DUCK POND REPLACEMENT&REPORT APPLIANCE PURCHASES FOR BLDGS REVERSE OSMOSIS SYS MEAT PRODUCTS RETIREE HEALTH BENEFITS JUNE'09 TRAFFIC DATA COLLECTION PLUMBING MATERIAL OVER COUNTER HEALTH INS H0067A JUNE 2009 HEALTH INS JUNE 2009 57135J HEALTH -FULL NETWORK 57135A JUN'09 HEALTH-RET INS/H0067F JUNE 2009 RETIREE HEALTH BENEFITS JUNE'09 MECHANICAL MAINTENANCE BULLET RESISTANT GLASS/PANELS ENGINEERING PLANNING SERVICES RETIREE HEALTH BENEFITS JUNE'09 KAISER INS ACTIVE JUNE 2009 CHK NO DATE AMOUNT 227228 6/2/09 1,949.38 227229 6/2/09 316.80 227230 6/2/09 8,342.01 227231 6/2/09 536.62 227232 6/2/09 1,859.70 227233 6/2/09 280.00 227234 6/2/09 1,223.15 227235 6/2/09 4,763.69 227236 6/2/09 3,600.00 227237 6/2/09 1,209.50 227238 6/2/09 194.25 227239 6/2/09 4,295.43 227240 6/2/09 1,992.65 227241 6/2/09 948.00 227242 6/2/09 4,557.38 227243 6/2/09 120.00 227244 6/2/09 3,940.04 227245 6/2/09 250.00 227246 6/2/09 70.0C 227247 6/2/09 552.10 227248 6/2/09 200.00 227249 6/2/09 100.00 227250 6/2/09 250.00 227251 6/2/09 768.41 227252 6/2/09 213.47 227253 6/2/09 420.00 227254 6/2/09 3,083.77 227255 6/2/09 160.00 227256 6/2/09 311.66 227257 6/2/09 487.42 227258 6/2/09 439.00 227259 6/2/09 160.00 227260 6/2/09 13,797.00 227261 6/2/09 900.00 227262 6/2/09 1,421.44 227263 6/2/09 2,391.46 227264 6/2/09 135.00 227265 6/2/09 7,285.00 227266 6/2/09 266.34 227267 6/2/09 69,795.41 227268 6/2/09 364.08 227269 6/2/09 11,811.30 227270 6/2/09 1.701.4E 227271 6/2/09 150.00410 227272 6/2/09 614.88 227273 6/2/09 21,093.45 227274 6/2/09 4,391.73 227275 6/2/09 140.00 227276 6/2/09 135,871.66 3/4 PAYEE KAISER FOUNDATION HEALTH PLANS KILLACKY, KEVIN KIMBLE KITAGAWA HOME & OFFICE SUPPLY KLEINFELDER, INC. KLEINFELDER, INC. KOLANDA LASER SAVER INC LAW OFFICES OF FRIEDBERG/BUNGE LEAGUE OF CA CITIES- LINCOLN EQUIPMENT INC. MANPOWER OF SAN DIEGO MARSHALL MUSIC MASON'S SAW & LAWNMOWER SRVC MATIENZO MCCABE MCGUIRE DISTRIBUTION "'c.TRO FIRE & SAFETY Noirr TROCALL MISSION UNIFORM SERVICE MORALES MULTI -BANK SERVICES LTD MURRAY MX LOGIC, INC MYERS NAPA AUTO PARTS NEXUS INTEGRATED SOLUTIONS NOSAL, WILLIAM A. OCANA PACIFIC AUTO REPAIR PADRE JANITORIAL SUPPLIES, INC PARTS PLUS AUTOSTORE ##711 PAUU PBS&J PERRY FORD PERVO TRAFFIC CENTER POTTER POWERSTRIDE BATTERY CO INC PRO -EDGE KNIFE PROCHEM SPECIALTY PRODUCTS INC PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY 19LIC EMP RETIREMENT SYSTEM REEDER RELIANCE STANDARD RJA MANAGEMENT SERVICES ROARK RON BAKER CHEVROLET INCORPORATED WARRANT REGISTER # 49 6/2/2009 DESCRIPTION KAISER RET INS JUNE 2009 TRAVEL EXP - EMS CONFERENCE RETIREE HEALTH BENEFITS JUNE'09 OFFICE SUPPLIES ST. RESURFACING 08-4 SLURRY SEAL SPEC 07-3 RETIREE HEALTH BENEFITS JUNE'09 YELLOW TONER REFUND FOR SUBPOENA'S CASE LATINO CAUCUS MEMBERSHIP COST REPLACEMENT PARTS & MATERIALS WEEK ENDING 05/10/09 NC CONCERT BAND SAW CHAIN RETIREE HEALTH BENEFITS JUNE'09 RETIREE HEALTH BENEFITS JUNE'09 MILK PRODUCTS ANNUAL FIRE EXTINGUISHER METROCALL SERVICE FOR PD PAGERS LAUNDRY SERVICES LEASE PAYMENT - NC GOLF COURSE TRADE SETTLING CHARGES RETIREE HEALTH BENEFITS JUNE'09 SPAM EMAIL FILTERING/WEB SVCS RETIREE HEALTH BENEFITS JUNE'09 AUTO PARTS & EQUIPMENT PHONE SYSTEM (PBX) MAINTENANCE RETIREMENT SETTLEMENT JUNE'09 TRAVEL EXP - SYMPRO TRAINING POWER STEERING PUMP JANITORIAL SUPPLIES FUEL INJECTION HOSE & BELT RETIREE HEALTH BENEFITS JUNE'09 PROVIDE WASTEWATER FINANCIAL SVC AUTO REPAIRS SUPER STRIPE GREEN RETIREE HEALTH BENEFITS JUNE'09 BATTERYS SHARPENING SERVICE CORROSION RESISITENCE PUMP TOWEL BATH WHITE - PD UNIFORMS - STREET SERVICE PERIOD 05-09-4 RETIREE HEALTH BENEFITS JUNE'09 IMPLEMENTING SB 375 SEMINAR VOLUNTARY LIFE INSURANCE JUNE 2009 CONSULTANT SERVICES ADVANCED FUNDS FOR FBI ACADEMY FRONT HANDLE ASSEMBLY CHK NO DATE AMOUNT 227277 6/2/09 6,536.97 227278 6/2/09 228.26 227279 6/2/09 300.00 227280 6/2/09 80.11 227281 6/2/09 2,483.33 227282 6/2/09 457.90 227283 6/2/09 135.00 227284 6/2/09 588.00 227285 6/2/09 300.00 227286 6/2/09 100.00 227287 6/2/09 278.54 227288 6/2/09 1,344.00 227289 6/2/09 807.65 227290 6/2/09 376.60 227291 6/2/09 100.00 227292 6/2/09 280.00 227293 6/2/09 954.05 227294 6/2/09 1,250.00 227295 6/2/09 8.78 227296 6/2/09 246.64 227297 6/2/09 9,014.00 227298 6/2/09 397.09 227299 6/2/09 150.00 227300 6/2/09 441.00 227301 6/2/09 140.00 227302 6/2/09 507.44 227303 6/2/09 380.00 227304 6/2/09 1,065.60 227305 6/2/09 240.13 227306 6/2/09 232.35 227307 6/2/09 1,056.20 227308 6/2/09 75.65 227309 6/2/09 340.00 227310 6/2/09 2,066.58 227311 6/2/09 1,595.10 227312 6/2/09 131.70 227313 6/2/09 150.00 227314 6/2/09 206.60 227315 6/2/09 45.00 227316 6/2/09 109.70 227317 6/2/09 63.02 227318 6/2/09 324.65 227319 6/2/09 272,140.54 227320 6/2/09 190.00 227321 6/2/09 75.00 227322 6/2/09 2,309.14 227323 6/2/09 6,487.50 227324 6/2/09 3,681.00 227325 6/2/09 20.23 4/4 PAYEE RUIZ SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SDCFCA SDG&E SEPULVADO SHORT, CRAIG SPARKLETTS WATER STRATACOM SUN BADGE COMPANY INC. SYSCO SAN DIEGO THE LIGHTHOUSE, INC. THE LINCOLN NATIONAL LIFE INS. TRISTAR RISK MANAGEMENT U S HEALTHWORKS UC REGENTS ULTIMATE STAFFING SERVICES ULTIMATE STAFFING SERVICES UNITED PARCEL SERVICE VERIZON WIRELESS VULCAN MATERIALS COMPANY WADE & ASSOCIATES WESTFLEX INDUSTRIAL WHILLOCK CONTRACTING, INC. ZIETLOW, DAVID SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 11 5/5/2009 4 - CALIFfOR,N1A, -c* IN CORP ORATEl! WARRANT REGISTER # 49 6/2/2009 DESCRIPTION RETIREE HEALTH BENEFITS JUNE'09 1415 D AVE HM 04/20 - 05/19/09 1415 D AVE HM 03/19 - 04/20/08 FIRE DEPT SHARE OF DIVERSITY CD FACILITIES DIVISION NC CONCERT BAND RETIREE HEALTH BENEFITS JUNE'09 DRINKING WATER BUSINESS CARDS - ENG BADGE REPAIRS, REBANNER FOOD/CONSUMABLES SOLENOID LIFE & AD&D STD LTD JUNE 2009 PREFUND FOR CLAIM#05NAT00442 PRE-EMP PHYSICALS - CITY CPR CERTIFICATION CARDS TEMP EMP - NEIGHBORHOOD SVCS TEMP EMP - NEIGHBORHOOD SVCS UPS CHARGES CELL PHONES 04/22-05/21/09 SHEET AND COLD MIX ASPHALTS PARKS REHAB SPEC 07-6B HOSE ASSEMBLY PORTION OF RETENTION RETIREE HEALTH BENEFITS JUNE'09 Start Date 5/27/2009 End Date 5/18/2009 End Date 6/2/2009 ('heck Date 5/27/2009 CHK NO DATE AMOUNT 227326 6/2/09 310.00 227327 6/2/09 2,259.34 227328 6/2/09 1,888.18 227329 6/2/09 125.00 227330 6/2/09 35,485.66 227331 6/2/09 75.00 227332 6/2/09 300.00 227333 6/2/09 4.84 227334 6/2/09 35.12 227335 6/2/09 125.34 227336 6/2/09 7,480.35 227337 6/2/09 162.25 227338 6/2/09 9,984.82 227339 6/2/09 13,633.59 227340 6/2/09 185.00 227341 6/2/09 180.00 227342 6/2/09 1,008.70 227343 6/2/09 951.60 227344 6/2/09 29.3t.41 227345 6/2/09 5,068.31 227346 6/2/09 431.81 227347 6/2/09 8,358.75 227348 6/2/09 36.22 227349 6/2/09 22,300.65 227350 6/2/09 150.00 A/P Total 920,665.69 678,371.89 1,048,046.78 GRAND TOTAL $ 2,647,084.36 CA j0 :,NJA •-�+ NAT ,drys �.• INCORPORATED J Warrant Register # 49 6/2/2009 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 115 PARK & REC CAPITAL OUTLAY FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 136 TINY TOT CLASSES FUND 154 STATE PUBLIC LIBRARY FUND 158 SWIMMING POOL REVOLVING FUND 166 NUTRITION 171 LIBRARY SCHOOL DISTRICT CNTRCT 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 190 30TH STREET CLEANUP FUND - 1303 191 STOP PROJECT 208 SUPP. LAW ENFORCEMENT SVC FUND 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 230 ABANDONED VEHICLE ABATEMENT GRANT 246 WINGS GRANT 282 REIMBURSABLE GRANTS CITYWIDE 290 POLICE DEPT GRANTS 294 HUD HEALTHY HOMES GRANT 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 320 LIBRARY GRANTS 345 TRAFFIC CONGESTION RELIEF 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 644 EQUIPMENT REPLACEMENT RESERVE 724 COBRA/RETIREE INSURANCE 1, 316, 066.52 28,122.68 22,747.75 3,612.36 10,147.39 19, 591.38 12,486.04 173.49 1,640.79 1,228.36 33, 820.72 496.50 1,711.86 893.33 4,415.31 13,797.00 2,717.90 4,721.95 1,148.23 10,207.88 3,124.34 39,601.75 164.67 11, 928.48 5,622.32 2,913.63 8,175.08 5,585.15 461.90 699,812.95 22,290.53 107,615.40 85,383.42 62,583.38 20, 393.09 2,943.26 3,316.96 27,910.51 16, 579.58 19, 528.02 2,800.00 8,602.50 2,647,084.36 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 7, 2009 AGENDA ITEM NO. 10 ITEM TITLE TT arran ' egis er t or e peno• o Amount of $433,411.58 PREPARED BY D. Gallegos -Finance EXPLANATION. roug DEPARTMENT Finance Jeanette Ladri o 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 06/03/09 through 06/09/09. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation No warrants above $50,000.00 vironmental Review N/A Financial Statement Not applicable. Account No. $TA FF_RECOMMENDATION Ratification of warrants in the amount of $433,411.58 BOARD/COMMISSION RECOMMENDATION 1. Warrant Register #50 '`•� ATTACHMENTI (Listed Below) Resolution No. A-200 (Rev. 9/00) 1/3 PAYEE BRG CONSULTING, INC CHRISTENSEN & SPATH LLP CHRISTMAS IN JULY COMMUNITY FOOD BANK OF FEDEX INTEGRITY CHARTER SCHOOL KLEINFELDER, INC. MICHAL PIASECKI CONSULTING NBS OPPER & VARCO SDG&E SOUTHEAST PUBLICATIONS USA STRADLING YOCCA CARLSON & WELLS FARGO BANK ACE UNIFORMS & ACCESSORIES,INC ADVANTIDGE RGAS-WEST , DERSON Nur APALATEGUI AQCS ENVIRONMENTAL ART D. NIELSEN PAINTING, INC. AUSTIN DOORS AWARDS BY NAVAJO BANK OF AMERICA BOOT WORLD BROADWAY AUTO ELECTRIC CALIFORNIA ELECTRIC SUPPLY CALIFORNIA UNIFORMS, INC. CARQUEST AUTO PARTS CGIA PMB 331 CHESTNUT CHULA VISTA POLICE DEPARTMENT CORPORATE EXPRESS CRANN FAMILY TRUST DELL MARKETING CORP DELTA DENTAL DIXIELINE LUMBER CO. DOKKEN ENGINEERING DREW FORD ESGIL CORPORATION FSGIL CORPORATION SINSKI 414,..„IDA RESTAURANT GONZALEZ GRAINGER F Q t,NJ A. '-c* INCORPORATED WARRANT REGISTER # 50 6/9/2009 DESCRIPTION DOWNTOWN SPECIFIC PLAN 1441 HARDING CITY CLEAN UP/WAREHOUSE IMPROVEMEr CDBG 08-09 GRANT EXPENDITURE REIMB COURIER FOR HOUSING & GRANTS ICS TECHNOLOGY ENHANCEMENT PROGRP MAY SERVICES 2009 CRYSTAL REPORTS UPDATES ENG SIGN OFF ON LMD REPORT WESTSIDE 921 A AVE 04/20 - 05/19/09 HARBOR GUIDE - PEIR 32 MARINA RDA GENERAL SERVICES CREDIT CARD EXP WORKRITE 400 REGULAR WAIST NOMEX FULL COLOR YMCKO RIBBON MOP #45714 SMALL TOOLS SUBS DOMESTIC VIOLENCE COURSE REPLACE DIRECT DEPOSIT CONSULTING SVC FOR DIESEL ENGINE CITY-WIDE PAINTING REPAIRS -SOUTHEAST LIBRARY STAFF PICTURE MOUNTED CREDIT CARD EXP - PD MOP #64096 SAFETY BOOTS ELECTRICAL PARTS FOR VEHICLES MOP #45698 CONTACTORS NAVY POLY/WOOK PANT MOP #47557 REMAN STARTER REGIST- INVESTIGATION CONFERENCE DUPLICATE PAYMENT TUITION -RADAR OPERATOR COURSE COPY PAPER REIMBURSEMENT -UNIT REPAIRS 8 - HOTPLUG HARD DRIVE DENTAL INS JUNE 2009 MARKING PAINT SPEC 09-9 APRIL 2009 SERVICES MOP #49078 VISOR ASSEMBLY PLAN CHECKING SVCS OF BUILDING FIRE DEPARTMENT PLAN CHECK SVCS RIEMB-TRAFFIC SAFETY COFERENCE RESERVE BANQUET - MEALS REIMBURSEMENT -UNIT REPAIRS MOP #65179 SAW BLADES, KNIFE CHK NO DATE AMOUNT 227351 6/9/09 13, 994.06 227352 6/9/09 1,570.00 227353 6/9/09 37,814.00 227354 6/9/09 7,340.83 227355 6/9/09 16.55 227356 6/9/09 40,000.00 227357 6/9/09 17,190.28 227358 6/9/09 1,575.00 227359 6/9/09 552.20 227360 6/9/09 696.00 227361 6/9/09 135.62 227362 6/9/09 449.00 227363 6/9/09 1,644.50 227364 6/9/09 434.15 227365 6/9/09 5,151.35 227366 6/9/09 209.99 227367 6/9/09 323.49 227368 6/9/09 248.00 227369 6/9/09 1,167.61 227370 6/9/09 382.50 227371 6/9/09 2,035.00 227372 6/9/09 405.00 227373 6/9/09 79.46 227374 6/9/09 2,423.75 227375 6/9/09 250.00 227376 6/9/09 429.56 227377 6/9/09 231.96 227378 6/9/09 212.06 227379 6/9/09 11.57 227380 6/9/09 1,000.00 227381 6/9/09 70.00 227382 6/9/09 105.00 227383 6/9/09 4,442.16 227384 6/9/09 350.00 227385 6/9/09 6,226.09 227386 6/9/09 14,525.66 227387 6/9/09 1,627.16 227388 6/9/09 30,654.35 227389 6/9/09 158.75 227390 6/9/09 38,669.92 227391 6/9/09 489.30 227392 6/9/09 1,547.49 227393 6/9/09 1,166.10 227394 6/9/09 320.00 227395 6/9/09 90.97 2/3 PAYEE GROSSMAN PSYCHOLOGICAL ASSOC. HD SUPPLY HONEYWELL INC. INDEPENDENT FORENSIC SERVICES J & M KEYSTONE INC JERAULD'S AUTOMOTIVE SERVICES JOHN DEERE LANDSCAPES KASSAB KASSAB LASER SAVER INC LEXIS-NEXIS LORONA MANPOWER OF SAN DIEGO MASON'S SAW & LAWNMOWER SRVC MAYLE, HOWARD MCGREGOR MICHAL PIASECKI CONSULTING NAPA AUTO PARTS OUCHI'S POWER EQUIPMENT PACIFIC AUTO REPAIR PALAZO PARTS PLUS AUTOSTORE #711 PERRY FORD PRUDENTIAL OVERALL SUPPLY ROJAS SAN DIEGO PET & LAB SUPPLY SD BMW MOTORCYCLES SEGAL SMITH STACK TRAFFIC CONSULTING, INC SWEETWATER AUTHORITY TETRA TECH ISG #1 THE LIGHTHOUSE, INC. THE SAN DIEGO UNION TRIBUNE TOPECO PRODUCTS TRISTAR RISK MANAGEMENT U S BANK CORPORATE PAYMT SYS ULTIMATE STAFFING SERVICES UNION -TRIBUNE PUB. CO. VCA MAIN ST ANIMAL HOSPITAL WEST GROUP PAYMENT CENTER WESTFLEX INDUSTRIAL WOOD & WOOD WOOD & WOOD ZAPATA +�»CAUjORNIA--c+ 1 C1NCORPURATEv WARRANT REGISTER # 50 6/9/2009 DESCRIPTION PRE-EMP PSYCHOLOGICAL EXAMS PLUMBING MATERIAL OVER COUNTER MECHANICAL MAINTENANCE SART EXAMS CITY WIDE CARPET CLEANING MOP #72449 REPAIRS, UNIT #110 MOP #69277 PLAYGROUND MULCH CY DEPOSIT#1114 H & H HOMES DEPOSIT#973 H & H HOMES MOP 45725 TONER - FINANCE CA CIVIL DISCOVERY 2009 UPDATE LICENSE REIMBURSEMENT WEEK ENDING 5/24/09 MOP #45729 HANDHELD BLOWERS STREET RESURFACING PROJECT 125 PLAN REIMBURSEMENT CRYSTAL REPORTS UPDATES MOP #45735 HOLDER MOP #45740 5 LB SPOOL PREM MOP #72448 ROTOR, IDLE CONTROL LIABILITY CLAIM COSTS MOP #64946 GATORBACK PLY-V BELT MOP #45703 MAINTENANCE SVC #296 MOP 45742 TOWEL BATH WHITE - PD 125 PLAN REIMBURSEMENT MOP 45753 DOG FOOD - PD REPAIRS & MAINTENANCE OF POLICE SUBS1S-GANG INVEST CONFERENCE SUBSIS-GANG INVEST CONFERENCE CCTV DIAGNOSTIC/REPAIR CONTRACT STREET DIVISION SWEETWATER RD SIDEWALK, STREET MOP #45726 TOGGLE SWITCH LEGAL NOTICES ADVERTISING MOP63849 NUTS, WASHERS, CLAMPS WORKER'S COMP REPLENISHMENT CREDIT CARD EXP - FIRE TEMPORARY EMP - NEIGHBORHOOD PUBLICATION -PLANNING COMMISSION K9 VET CARE BILLING PERIOD: APR 21-MAY 20, 2009 MOP #63850 HOSE ASSEMBLY LIABILITY CLAIM LIABILITY CLAIM REIMBURSE MISC MEETINGS CHK NO DATE AMOUNT 227396 6/9/09 1,250.00 227397 6/9/09 185.92 227398 6/9/09 2,123.50 227399 6/9/09 900.00 227400 6/9/09 970.00 227401 6/9/09 178.58 227402 6/9/09 487.20 227403 6/9/09 46,858.19 227404 6/9/09 5,317.04 227405 6/9/09 523.23 227406 6/9/09 129.73 227407 6/9/09 34.00 227408 6/9/09 896.00 227409 6/9/09 450.66 227410 6/9/09 1,040.00 227411 6/9/09 1,500.00 227412 6/9/09 1,575.00 227413 6/9/09 45.97 227414 6/9/09 180.25 227415 6/9/09 237.34 227416 6/9/09 5,416.66 227417 6/9/09 36.35 227418 6/9/09 604.69 227419 6/9/09 465.48 227420 6/9/09 550.00 227421 6/9/09 215.93 227422 6/9/09 277.43 227423 6/9/09 200.00 227424 6/9/09 200.00 227425 6/9/09 4,500.00 227426 6/9/09 141.30 227427 6/9/09 2,907.84 227428 6/9/09 99.62 227429 6/9/09 2,752.00 227430 6/9/09 208.72 227431 6/9/09 43,361.15 227432 6/9/09 200.00 227433 6/9/09 713.70 227434 6/9/09 796.80 227435 6/9/09 129.95 227436 6/9/09 853.36 227437 6/9!09 66.66 227438 6/9109 1,787.50 \� 227439 6/9/09 1,487.50 227440 6/9/09 195.54 3/3 PAYEE ZEFERINO ZIONS BANK SECTION 8 HAPS PAYMENTS O R NI A ••-e- NATI I -- I1CORPORATE" J WARRANT REGISTER # 50 6/9/2009 DESCRIPTION CHK NO DATE AMOUNT SUBSIS-GANG INVEST CONFERENCE 227441 6/9/09 200.00 16TH LEASE PAYMT 800 MHZ EQUIP 227442 6/9/09 48,678.25 A/P Total 420,345.48 Start Date End Date 6/3/2009 6/9/2009 13,066.10 GRAND TOTAL $ 433,411.58 +r- CALI.FO :NIA -<+ AT, I ir INCORPORATED Warrant Register # 50 6/9/2009 001 GENERAL FUND 105 PARKS MAINTENANCE FUND 111 P.O.S.T. FUND 120 PLAN CHECKING REVOLVING FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 131 ASSET FORFEITURE 290 POLICE DEPT GRANTS 294 HUD HEALTHY HOMES GRANT 301 GRANT-C.D.B.G. 307 PROPOSITION "A" FUND 312 STP LOCAL/TRANSNET HIGHWAY 502 SECTION 8 FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANCE 630 OFFICE EQUIPMENT DEPRECIATION 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 724 COBRA/RETIREE INSURANCE 726 ENGINEERING/PUBLIC WORKS T&A DEPOSITS 95,323.12 1,459.78 1,479.00 32,776.92 118.55 200.00 1,600.00 1,000.00 670.00 45,171.38 4,374.45 28,654.35 13, 066.10 40, 000.00 36,670.81 1,570.00 6,959.45 52, 052.81 4,305.67 6,226.09 2,250.00 1,827.33 2,777.49 119.13 52, 759.15 433,411.58 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE IIEREBY CERTIFY TO THE ACCURACY OF 1'HE DEMANDS LISTED ABOVE ANI) TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED I3Y LAW. FI "ANCE DIRECTOR CI1Y MANAGER FINANCE COMMITTEE RONALI) J. MORRISON, MAYOR -CHAIRMAN FRANK PARRA, MEMBER ALEJANDRA SOTELO-SOLIS, MEMBER JESS VAN DEVENTER, MEMBER ROSALIEZARATE, MEMBER I IIERE.BY CERTIFY THAT THE FOREGOING CLAIMS ANI) DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT TIIEREOF BY THE CITY COUNCIL ON THE 7th OF JULY 2009. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 7, 2009 AGENDA ITEM NO. 11 ITEM TITLE arran ' egis er Amount of $1,639,629.02 PREPARED BY D. Gallegos -Finance EXPLANATION or e penos o roug DEPARTMENT Finance Jeanette Ladr 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 06/10/09 through 06/16/09. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation Public Emp Ret Sys 227559 267,949.85 Emp Ret Sys PPE 06/01/09 3-D Enterprises 227583 64,602.00 Storm Drain Improvements En_yironmental Ravi N/A Financial Statement Not applicable. Account No. TAEF RECOMMENDATION Ratification of warrants in the amount of $1,639,629.02 BOARD/COMMISSION RECOMMENDATION 1. Warrant Register #51 ATTACHMENTS (Listed Below) Resolution No. A-200 (Rev. 9/80) 1/4 IRC.ORPORATED WARRANT REGISTER # 51 6/16/2009 PAYEE DESCRIPTION CHK NO DATE AMOUNT COMMCINEMA INC. 06/12/09 OUTDOOR MOVIE SCREENING 227443 6/10/09 1,400.00 FARALLON DESIGN INC CHILDRENS RAINFOREST/D EVERS 227444 6/10/09 8,295.00 SWANK MOTION PICTURES, INC. MOVIE NIGHT AT THE PARK 06/12/09 227445 6/10/09 321.00 STANLEY CONVERGENT SECURITY MONITORING CHGS-200 E 12TH ST NC 227446 6/11/09 288.00 ALVAREZ REIMBURSEMENT 227447 6/16/09 39.57 AMAZON.COM DICTIONARIES - WINGS PROGRAM 227448 6/16/09 567.51 AT & T MOBILITY WINGS CELL PHONE. 227449 6/16/09 110.26 BRODART GIVEAWAY BOOKS FOR CHILI COOK -OFF 227450 6/16/09 5,152.92 BUNDY CHILI COOK -OFF SUPPLIES. 227451 6/16/09 22.90 CITY OF NATIONAL CITY OUT OF STATE SALES TAX ON INVOICES 227452 6/16/09 64.12 DUONG TRAVEL REIMBURSEMENT 227453 6/16/09 38.16 MIDWEST TAPE VIDEO MATERIALS 227454 6/16/09 249.43 NATIONAL CITY TROPHY CHILI COOK -OFF AWARDS FOR CHILI 227455 6/16/09 671.68 NATIONAL SCHOOL DISTRICT PRINTING -READING IS FUNDAMENTAL 227456 6/16/09 222.24 RAINBOW BOOK COMPANY BOOKS FOR WOWMOBILE COLLECTION 227457 6/16/09 1,723.62 SCHOLASTIC LIBRARY PUBLISHING ENCYCLOPEDIA ON-LINE 227458 6/16/09 2,427.00 SMART & FINAL MISC. SUPPLIES FOR LITERACY SVCS 227459 6/16/09 608.06 SPRINT VIDEO CONFERENCING/LONG DISTANCE 227460 6/16/09 19.49 JMSON GALE REFERENCE BOOKS 227461 6/16/09 123.59 '',01.1.10MSON WEST CA EDUCATION CODE 2009 PAMPHLET 227462 6/16/09 117.43 U.S. POSTMASTER POSTAGE FOR LITERACY SERVICES 227463 6/16/09 1,000.00 U.S. POSTMASTER POSTAGE FOR OVERDUE NOTICES 227464 6/16/09 300.00 WILSON LANGUAGE TRAINING WORKBOOKS FOR ADULT LITERACY 227465 6/16/09 105.60 XEROX CORPORATION BASE CHARGES/COPIES FOR LITERACY 227466 6/16/09 458.31 ADAMS AMERICORPS LSTA Y6 227467 6/16/09 39.40 BAZZOLA AMERICORPS LSTA Y6 227468 6/16/09 50.65 BELL AMERICORPS LSTA Y6 227469 6/16/09 119.20 BURLEW AMERICORPS LSTA Y6 227470 6/16/09 389.16 EHDE AMERICORPS LSTA Y6 227471 6/16/09 13.14 EMPIZO AMERICORPS LSTA Y6 227472 6/16/09 776.00 ESCONDIDO PUBLIC LIBRARY AMERICORPS LSTA Y6 227473 6/16/09 716.40 GAFFORD AMERICORPS LSTA Y6 227474 6/16/09 37.50 GIST AMERICORPS LSTA Y6 227475 6/16/09 159.20 GUERRERO AMERICORPS LSTA Y6 227476 6/16/09 595.90 LITERACYWORKS AMERICORPS CNCS & LSTA Y6 227477 6/16/09 47,000.00 LITERACYWORKS AMERICORPS LSTA Y6 227478 6/16/09 7,500.00 LYDUM AMERICORPS LSTA Y6 227479 6/16/09 224.40 MCCULLOUGH AMERICORPS LSTA Y6 227480 6/16/09 291.31 MEDINA-VILLA AMERICORPS LSTA Y6 227481 6/16/09 235.38 MUNOZ AMERICORPS LSTA Y6 227482 6/16/09 154.20 MURAD AMERICORPS LSTA Y6 227483 6/16/09 154.20 NEDER AMERICORPS LSTA Y6 227484 6/16/09 119.20 NOVELLI AMERICORPS LSTA Y6 227485 6/16/09 102.96 )WICK AMERICORPS LSTA Y6 227486 6/16/09 159.20 "SSAK AMERICORPS LSTA Y6 227487 6/16/09 152.20 SANCHEZ AMERICORPS LSTA Y6 227488 6/16/09 766.43 SANCHEZ AMERICORPS LSTA Y6 227489 6/16/09 147.20 SCHNEIDER AMERICORPS LSTA Y6 227490 6/16/09 132.39 SCOTT AMERICORPS Y6 227491 6/16/09 346.91 IAA+ 2/4 PAYEE SNIDER STRATEGIC RESOURCE COMPANY/ TUBIG VALDEZ WASHINGTON A-1 HYDRAULIC SERVICES, INC AMERICAN ROTARY BROOM CO INC AMERICAN TRAINCO AMR ANTHONY'S AUTO BODY ARCO GASPRO PLUS ASSI SECURITY AUSTIN DOORS BALLARDO BANC OF AMERICA PUBLIC & BANK OF AMERICA BLACKIE'S TROPHIES AND AWARDS CA ASSO OF CODE ENFORCEMENT CA ASSO OF CODE ENFORCEMENT CALIFORNIA BAKING CO. CARDIAC SCIENCE CORP. CITY ATTORNEYS ASSOCIATION COMP VIEW CORPORATE EXPRESS COUNTY OF SAN DIEGO CPRS CRPOA DELTACARE (PMI) DISCOUNT SCHOOL SUPPLY DIXIELINE LUMBER CO. ESGIL CORPORATION ESTABROOK EXPERIAN FBINAA CALIFORNIA CHAPTER FIRE ETC FRANK TOYOTA GONZALES GRAINGER GRANICUS INC. GULOTTA HAINES & COMPANY HAMILTON MEATS & PROVISIONS HD SUPPLY HEARTLAND COMM. FAG. AUTHORITY HORIZON RETAIL CONSTRUCTION IKON OFFICE SOLUTIONS INSTITUTE FOR PUBLIC STRATEGIE IRON MOUNTAIN RECORDS JEROME'S FURNITURE r�r INCORPORATED --_) WARRANT REGISTER # 51 6/16/2009 DESCRIPTION AMERICORPS LSTA Y6 AMERICORPS Y6 AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 5 GAL PAIL AW-32 HYD OIL SWEEPER REPAIRS AIR CONDITIONING & REFRIGERATION QUICK ACCESS PACK AIRWAY LABOR TO REPAIR V# 358 FUEL FOR CITY FLEET CITY-WIDE SECURITY REPAIRS ER REPAIRS TO ROLL UP DOOR SUBSISTENCE - TRAFFIC COURSE CAT LOADER EQUIPT LEASE PMT#13 CREDIT CARD EXP - CM NAME TAGS - PD 2009 CACEO ANNUAL SEMINAR 2009 CACEO ANNUAL SEMINAR BREAD PRODUCTS ADULT DEFIBRILLATION PADS C A A OF S D ANNUAL MEMBERSHIP EXTRON MODEL PC RACK/SWITCHER OFFICE SUPPLIES -FINANCE WELL MAINTENANCE COST MEMBERSHIP & SUBSCRIPTIONS CRPOA REGISTRATION COSTS DENTAL INS PMI JUNE 2009 ELMERS CRAFT BOND TACKY GLUE LINE CORD/EXT CORD FIRE DEPT PLAN CHECK SVC SUBSISTENCE -INVESTIGATORS CONF CREDIT CHECKS FOR NEW PD EMP REGISTRATION-FBINAA ADV TRAINER WARRINGTON PRO BUNKER BOOT 157489/371573 ELECTRICAL REPAIR REIMB FOR COST OF A SENTRI PASS TRUCK, HAND, 1000 LB SOFTWARE MODULES(MEDIA MGR) PROJECT UNIT REPAIRS REIMB NORTH & SOUTH S. D. DIRECTORIES MEAT PRODUCTS PLUMBING MATERIAL OVER COUNTER ENROUTE FY08-09 PROJECTED COST REFUND OF C&D DEPOSIT AMOUNT COPIER MAINTENANCE/SUPPLIES CONSULTANT/COLLABORATOR-MAY09 RECORDS MANAGEMENT LEATHER RECLINER CHK NO DATE 227492 6/16/09 227493 6/16/09 227494 6/16/09 227495 6/16/09 227496 6/16/09 227497 6/16/09 227498 6/16/09 227499 6/16/09 227500 6/16/09 227501 6/16/09 227502 6/16/09 227503 6/16/09 227504 6/16/09 227505 6/16/09 227506 6/16/09 227507 6/16/09 227508 6/16/09 227509 6/16/09 227510 6/16/09 227511 6/16/09 227512 6/16/09 227513 6/16/09 227514 6/16/09 227515 6/16/09 227516 6/16/09 227517 6/16/09 227518 6/16/09 227519 6/16/09 227520 6/16/09 227521 6/16/09 227522 6/16/09 227523 6/16/09 227524 6/16/09 227525 6/16/09 227526 6/16/09 227527 6/16/09 227528 6/16/09 227529 6/16/09 227530 6/16/09 227531 6/16/09 227532 6/16/09 227533 6/16/09 227534 6/16/09 227535 6/16/09 227536 6/16/09 227537 6/16/09 227538 6/16/09 227539 6/16/09 227540 6/16/09 AMOUNT 76.84 3,027.73 291.20 419.76 316.16 142.68 1,145.70 980.00 4,027.80 2,613.87 23,458.12 1,050.00 1,634.82 670.44 3,077.02 380.40 32.93 335.00 335.0G, 416.40 944.00 960.00 2,657.08 176.95 190.00 155.00 1,969.00 3,414.72 77.48 20.65 567.00 200.00 32.71 500.00 7,021.81 1,000.10 122.25 414.86 1,477.35 5,486.00 1,623.64 3,899.45 37.4P 1,149.0214 608.00 3,322.21 8,219.50 125.00 2,427.93 3/4 PAYEE JJJ ENTERPRISE KITAGAWA HOME & OFFICE SUPPLY KLEINFELDER, INC. MAINTEX, INC. MAN K-9 INC. MANPOWER OF SAN DIEGO MCGUIRE DISTRIBUTION MEYERS/NAVE NATIONAL CITY CAR WASH OFFICE OF THE MEDICAL EXAMINER ONE STOP PARTS SOURCE ORANGE COUNTY SHERIFF'S DEPT PACIFIC AUTO REPAIR PADRE JANITORIAL SUPPLIES PARTNERS DATA SYSTEMS PI-IYSIO CONTROL PM! (PROGRESSIVE MEDICAL INTL) PRUDENTIAL OVERALL SUPPLY 1LIC EMP RETIREMENT SYSTEM ' LIABLE SPRING & SUSPENSION RELIABLE TIRE CO. S & S RECREATION WORLDWIDE SAN DIEGO AMERICAN RED CROSS SAN DIEGO MIRAMAR COLLEGE SAN DIEGO PET & LAB SUPPLY SASI SCHAU SMART & FINAL SOUTHWEST SIGNAL SERVICE, INC. SPARKLETTS WATER STANDARD AUTO RECYCLING STARTECH COMPUTERS STRATACOM SWEETWATER AUTHORITY TURF STAR ULTIMATE STAFFING SERVICES UNDERGROUND SERV ALERT UNION BANK OF CALIFORNIA UNION SPRINGS PHARMACEUTICALS WATERLINE TECHNOLOGIES YOUNG YOUNG n ENTERPRISES IFORNIA REDEVELOPMENT ASSO RPORATE EXPRESS GEOSYNTEC CONSULTANTS LASER SAVER INC M A STEVENS CONSTRUCTION RORE INC T. `-- INCORPORATED WARRANT REGISTER # 51 6/16/2009 DESCRIPTION REPAIRS CARD STOCK SERVICES THRU MAY 24 2009 MISCELLANEOUS JANITORIAL SUPPLIES MAINTENANCE TRAINING - MAR 2009 WEEK ENDING 5/31/09 MILK PRODUCTS 2009 MOU NEGOTIATIONS CAR WASHES FOR CITY FLEET SAFETY CLOTHING FOR AUTOPSIES ROTOR TUITION -TRAFFIC COLLISION INVEST INSPECTION/LABOR TO REPAIR V# 298 FOAM PURELL MIMOSA NEARPOINT MAILBOXES SVC CONTRACT - EKG MACHINES MEDSTORM TRAUMA PACK, BLACK LAUNDRY - PD SERVICE PERIOD 06-09-3 ALIGNMENT/LABOR TO REPAIR V# 470 RECYCLE TIRES FLOOR TAPE ASSORTED COLORS TRAINING TUITION-REG OFFICERS TRAINING PET FOOD - PD MANDATORY IRS PLAN AMENDMENT REFUND-P/R DEDUCT RESIGNATION CAT TRAP FOOD - PD TRAFFIC SIGNAL/STREET LIGHTING DRINKING WATER LABOR TO REPAIR V# 215 COMPUTER SUPPLIES ENVELOPES - FIRE FACILITIES DIVISION BOLT -SHOULDER TEMPORARY EMP - NEIGHBORHOOD UNDERGROUND SVC ALERT CHGS ADMIN BILL GEN OBLIGATION BONDS MYCLYNS SINGLE UNIT (WHITE) MUNICIPAL POOL CHEMICALS EDUCATIONAL REIMBURSEMENT ABC GRANT TRAINING COST REIMB JANUARY SERVICES 2009 MEMBERSHIP OFFICE SUPPLIES - REDEV CDC ED VILLAGE INK CARTRIDGE - S8 OLD LIBRARY REMODEL -FINAL PAYMT SOIL INVESTIGATION-2300 CLEVELAND CHK NO DATE AMOUNT 227541 6/16/09 205.00 227542 6/16/09 80.39 227543 6/16/09 881.00 227544 6/16/09 166.46 227545 6/16/09 1,400.00 227546 6/16/09 678.40 227547 6/16/09 619.95 227548 6/16/09 13,102.90 227549 6/16/09 376.00 227550 6/16/09 24.00 227551 6/16/09 192.50 227552 6/16/09 55.00 227553 6/16/09 759.24 227554 6/16/09 423.42 227555 6/16/09 4,454.00 227556 6/16/09 2,886.25 227557 6/16/09 520.83 227558 6/16/09 63.02 227559 6/16/09 267,949.85 227560 6/16/09 247.32 227561 6/16/09 456.00 227562 6/16/09 71.15 227563 6/16/09 177.50 227564 6/16/09 60.00 227565 6/16/09 55.92 227566 6/16/09 100.00 227567 6/16/09 60.05 227568 6/16/09 46.05 227569 6/16/09 6,620.50 227570 6/16/09 10.60 227571 6/16/09 1,043.75 227572 6/16/09 638.68 227573 6/16/09 170.12 227574 6/16/09 26,478.24 227575 6/16/09 63.08 227576 6/16/09 1,008.70 227577 6/16/09 169.50 227578 6/16/09 1,127.94 227579 6/16/09 231.95 227580 6/16/09 2,336 84 227581 6/16/09 1,200.00 227582 6/16/09 149.93 227583 6/16/09 64,602.00 227584 6/16/09 7,635.00 227585 6/16/09 272.15 227586 6/16/09 6,666.84 227587 6/16/09 156.89 227588 6/16/09 44,345.34 227589 6/16/09 6,818.00 +}- C.A1.1 F O R IYI A 4/4 PAYEE SAN DIEGO CLIPPING SERVICE SAN DIEGO TROLLEY INC URBAN FUTURES WADE & ASSOCIATES SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 12 5/19/2009 Nit aoavt INCORPORATED WARRANT REGISTER # 51 6/16/2009 DESCRIPTION CLIPPING SERVICE FLAGGING SERVICES FISCALJIMPLEMENTATION PERFORMANCE BAY MARINA WIDENING PHASE 11 08-13 Start Date 6/10/2009 End Date 6/1/2009 End Date 6/17/2009 ('heck Date 6/10/2009 CHK NO DATE 227590 6/16/09 227591 6/16/09 227592 6/16/09 227593 6/16/09 A/P Total AMOUNT 61.40 17.11 840.00 14,696.25 661,412.49 9,220.83 968,995.70 GRAND TOTAL $ 1,639,629.02 City of National City, California COUNCIL AGENDA STATEMENT `''MEETING DATE July 7, 2009 AGENDA ITEM NO. 12 -- ITEM TITLE Resolution of the City Council of the City of National City authorizing the National City Fire Department to submit an American Recovery and Reinvestment Act Assistance to Firefighters Fire Station Construction Grant Application for the construction of a $5,000,000 fire station PREPARED BY Walter Amedee t!t)b` DEPARTMENT F �/ ✓ ` A (Ext. 4556) EXPLANATION See attached Staff Report — Fire Station Construction Grant Environmental Review Ai N/A Financial Statement Approved By: Finance Director A budget impact of approximately $55,000 a year will be necessary for maintenance, utilities, and furnishing the proposed fire station. Possible funding source is AMR Lease Agreement. Account No. STAFF RECOMMENDATION Authorize the National City Fire Department to submit an American Recovery and Reinvestment Act Assistance to Firefighters Fire Station Construction Grant Application for the construction of a $5,000,000 fire station BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Staff Report — Fire Station Construction Grant Resolution Resolution No. A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE NATIONAL CITY FIRE DEPARTMENT TO SUBMIT AN AMERICAN RECOVERY AND REINVESTMENT ACT ASSISTANCE TO FIREFIGHTERS FIRE STATION CONSTRUCTION GRANT APPLICATION FOR THE CONSTRUCTION OF A $5,000,000 FIRE STATION WHEREAS, the American Recovery and Reinvestment Act ("ARRA") of 2009 provided the Department of Homeland Security with $210,000,000 to fund the American Recovery and Reinvestment Act Assistance to Firefighters Fire Station Construction Grant (the "Grant") Program for the construction and modification of fire stations; and WHEREAS, the competitive Grant will be administered by the Assistance to Firefighters Program Office under FEMA's Grant Programs Directorate; and WHEREAS, the Fire Department desires to apply for the Grant to pursue funding to build a 12,000 square -foot fire station on City -owned property in the northeast quadrant of National City valued at $5,000,000, which reduce response times to the northeast quadrant of the city and potential future expansion of services; and WHEREAS, the Grant has no cost share requirements for the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Fire Department to submit an application for an American Recovery and Reinvestment Act Assistance to Firefighters Fire Station Construction Grant in the amount of $5,000,000 to pursue funding to build a 12,000 square -foot fire station on City - owned property in the northeast quadrant of National City. PASSED and ADOPTED this 7th day of July, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Staff Report — Fire Station Construction Grant Title of Grant Opportunity: American Recovery and Reinvestment Act (ARRA) Assistance to Firefighters Fire Station Construction Grants (CFDA 97-115) Federal Agency Name: Department of Homeland Security, Federal Emergency Management Agency Deadline: Completed applications must be submitted no later than 5:00 p.m., Eastern Time, July 10, 2009. Overview: The American Recovery and Reinvestment Act (ARRA) of 2009 provided the Department of Homeland Security with $210,000,000 to fund the construction and modification of fire stations. The program will be administered by the Assistance to Firefighters Program Office under FEMA's Grant Programs Directorate. The grants under this new program will be awarded directly to the fire departments on a competitive basis. Applications will be submitted via the automated e-grant application. The submitted applications will be screened using the answers to the questions in the application to determine which applications will go to the review panel. Finally, a panel of peers will review each application sent to the review panel and provide recommendations regarding which applications will be funded. Award Period of Performance: The period of performance for FSC Grants is 36 months from the date of award. Extensions to the period of performance will only be considered through formal requests to DHS with specific, compelling justifications regarding why an extension is required. Extensions are considered on a case -by -case basis. Funding Parameters: Congress appropriated a total of $210 million to implement the activities of the FY2009 FSC Program. Grants awarded under the FSC will be to a variety of fire departments, including, paid, volunteer and combination fire departments; fire departments located in communities of varying sizes; and fire departments located in urban, suburban and rural communities. The ARRA directs DHS to limit the funding for any one grant to $15.0 million per award. In order to maximize the benefits of the stimulus funding, DHS will also impose a $5.0 million funding limitation on each project within an application. There is no limit to the number of projects that can be included in an application as long as no one project exceeds the $5.0 million limit and the total request does not exceed the $15.0 million limit. In instances where an applicant submits a request with multiple projects, each project will be considered in all levels of the evaluation of the application — preliminary review, the panel review, and the subsequent technical reviews. Awards: DHS anticipates between 5,000 and 10,000 applications for assistance will be received during the FY 2009 FSC application period. DHS also anticipates over $30.0 billion in requests will be received. From this universe of applications DHS anticipates it will award approximately 100 grants with the $210 million of available funding. Cost Sharing: There are no cost share requirements under FSC. 1 Eligible Items: Within the fire stations built or modified under the FSC, the following items, activities or expenses are eligible: 71 Building construction 1 Environmental assessment 1 Building site preparation, including demolition, if necessary Design, planning, and engineering expenses incurred after award i 1 Expenses necessary to comply with the most current edition of NFPA1500 f1 Expenses necessary to comply with the locally adopted building, fire, plumbing, mechanical and electrical codes. it Sprinklers or other life safety and fire protection systems 1 Vehicle exhaust extraction systems • 1 Decontamination areas • 1 Space for training (up to 600 square feet) 1 Space for gender -segregated sleeping `.I Gender -segregated restrooms 1 Space for exercise equipment i Kitchens n Kitchen appliances 1 Dining/eating area 1 ADA compliance 1 Gear racks, storage and shelving for gear/equipment -1 Internet cabling • 1 Energy conservation systems (Leadership in Energy and Environmental Design LEEDTM) i I Renewable energy for HVAC and power systems Ineligible Items rl Land acquisition i-1 Cost overruns 1 Fire station staffing Pre -award costs (including but not limited to design, planning, and engineering expenses incurred prior to award) '1 Grant writing fees I Space for public use (ballrooms, community meetings, fund raising) !-1 Furnishings (including office/training equipment) I Exercise equipment [1 Firefighting equipment 7 Personal protective equipment 111 Washers/extractors 1 Apparatus F 1 Vehicle mounted exhaust extraction systems 1 Landscaping 11 Security systems 7l Decorative items (curtains, wall hangings, etc.) 1 Projects that duplicate any other Federal awards 11 Demolition costs not related to the funded project The cost for space for any activities that are not directly related to the daily operation of the fire department — such as community meeting space, ballrooms, administrative support, or other governmental functions such as police or emergency management annexes — are not eligible for Federal funding. These types of amenities, facilities, or 2 functions may be included in the overall design and construction of the station project, but the costs would not be eligible for Federal reimbursement. Eligible costs will be limited to the cost of the operational space. Grant Application Proposal: The NCFD proposes applying for the ARRA Assistance to Firefighters Fire Station Construction Grant to pursue funding to build a 12,000 square foot fire station on City owned property in the northeast quadrant of National City valued at $5 million. The construction of the new fire station will move toward accomplishing certain goals in the NCFD's Strategic Plan and the Response Time Study that was completed in February 2009. Benefits of Proposal: The benefits of this proposed project will be reduced response times to the northeast quadrant of the City and potential future expansion of NCFD services. Grant Administrator: The grant will be administered by the Fire Department in conjunction with assistance from Engineering, Planning, Building, Redevelopment, Finance, and Public Works. Staffing and Equipment: The National City Fire Department realizes that at this time and within the next several years fiscal resources will not allow any additional staffing for the proposed new fire station. Therefore, the plan is to transfer an existing fire crew (i.e. Captain, Engineer, and Firefighter/Paramedic) and the appropriate equipment from Station 34 to the proposed new fire station. Budget Impact: A budget impact of approximately $55,000 a year will be necessary for maintenance, utilities, and fumishing the proposed fire station. Possible funding source is AMR Lease Agreement. 3 City of National City, California COUNCIL AGENDA STATEMENT `�.. MEETING DATE June 16, 2009 AGENDA ITEM NO. 13 (.ITEM TITLE Resolution of the City Council of the City of National City Authorizing the Approval of Weed Abatement Public Hearing Findings. PREPARED BY EXPLANATION Robert Hernandez Fire Marshal (Ext. 4556) DEPARTMENT Fire In accordance with the National City Municipal Code, 1.36.100, the City Council shall consider the Weed Abatement Report and Account together with any objections or protest by any parties interested in the same. At the conclusion of the hearing, the City Council shall by resolution either approve the Report and Account as submitted, or as modified or corrected by the City Council. The amounts so approved shall be liens upon the respective lots or premises In accordance with the National City Municipal Code, 1.36.110, a copy of the resolution required by section 1.36.100 shall be served on the responsible person, pursuant to the procedures set forth in the Section 1.36.030 not later than fifteen days after the date of adoption of such resolution. • Environmental Review .1 N/A Financial Statement N/A Approved By. Finance Director Account No. STAFF RECOMMENDATION Adopt City Council Resolution Confirming Weed Abatement Public Hearing Report and Account, as modified to delete the assessment upon 323 Laurel Avenue, APN 554 023 06 00. BOARD / COMMISSION RECOMMENDATION N N/A ATTACHMENTS (Listed Below) Resolution No. 1. Fixed Charges Special Assessments 2. Summary Report of Abated Properties — To be distributed separately. 3. Resolution A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING ASSESSMENT OF COSTS OF WEED ABATEMENT WHEREAS, the Chief of the Fire Department has filed with the City Clerk an assessment attached hereto as Exhibit "A" for the certain weed abatement work done under and pursuant to National City Ordinance No. 2081, adopted by the City Council on September 27, 1994; and WHEREAS, as required by Ordinance No. 2081, the City Clerk has given notice of the filing of the assessment and of the time for a hearing by the City Council, and an affidavit of posting of such notice has been made and is on file in the office of the City Clerk; and WHEREAS, the City Council has read and considered the Report and Account previously provided at the June 16, 2009 City Council Public Hearing; and WHEREAS, at the time and place fixed in such notice, to -wit, June 16, 2009, a hearing was fully held by this City Council at which the Report and Account, and all written appeals, protests, or objections, if any, were duly presented and considered, and all persons desiring to be heard thereon were heard, and the City Council gave all persons present an opportunity to be heard in respect to any matter relating to said work, to any act or determination of the Chief of the Fire Department, or to any matter relating to said work or the assessment or the proceedings, therefore; and WHEREAS, in regard to the assessment against APN 554 023 06 00, 323 Laurel Avenue, that matter has been resolved and satisfactorily addressed by the title company that handled the property transaction, thus the account will be modified to reflect the deletion of that assessment; and WHEREAS, all such persons desiring to be heard have been heard by the City Council and the City Council is fully informed in the premises. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby find, resolve, determine and order that said hearing has been duly held; that each and every step of the proceeding prior to and including the hearing has been duly and regularly taken; NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, resolve, determine and order that it is satisfied with the correctness of the assessment with the modification deleting the assessment against APN 554 023 06 00, the proceedings and all matters relating thereto, and all protests, objections, or appeals be and the same are hereby overruled and denied with the exception of the appeal regarding APN 554 023 06 00 which has been resolved and modified on the account, NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council does confirm said proceedings and said assessment as modified; that the City Council approve the Report and Account as modified; and that the City Clerk is directed to file with the County Auditor of the County of San Diego, a certified copy of this Resolution. PASSED and ADOPTED this 7th day of July, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, Ill City Attorney Staff Report Weed Abatement In accordance with National City Municipal Code, Chapter 9.12, a report of the proceedings and an accurate account of the cost of abating the nuisance on each separate property shall be filed with the City Council. Notice of the public hearing shall be served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. Pursuant to National City Municipal Code, Section 1.36.100, the City Council shall consider the Report and Account at the time set for the confirmation of costs hearing, together with any objections or protests by the responsible person or other interested persons. The responsible person or other interested persons may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the City Council shall by resolution either approve the Report and Account as submitted, or as modified or corrected by the City Council Per direction of the Mayor and Council, Staff has provided the following copies for review: • Fire Prevention Services Schedule Fees • Fire Prevention Services Fixed Charges Special Assessments • Fire Prevention Services Contract of Agreement Per direction of the Mayor and Council, it was decided that two properties be further addressed by staff and report back at the July 7, 2009 meeting. The two properties for further review are the following: • Parcel # 554 023 06 00 323 Laurel Ave Ms. Peggy Cooper $1,162.86 • Parcel # 560 310 03 00 Lot Highland Ave. Mr. Jim Kunugi $840.58 Staff made contact with Fire Prevention Services requesting additional information on the aforementioned properties. Staff was contacted on June 24, 2009, with the following information. Parcel # 554 023 06 00 323 Laurel Ave Ms. Peggy Cooper $1,162.86 For the property located at 323 Laurel Ave. belonging to Ms. Peggy Cooper, all fees associated with this property have been resolved. Staff and Fire Prevention Services found this property owner was not the true owner of the property at the time of initial abatement. Fire Prevention Services made contact with the Bank and Title Company representing Ms. Cooper. Information and documents were provided to these companies resulting in the charge being taken care of by the financial institutions. Ms. Cooper was absolved of all costs associated with the original "Fixed Special Assessment Charges". Accordingly, staff is requesting the account be modified to reflect that this assessment be deleted, as the matter has been paid and resolved. Parcel # 560 310 03 00 Lot Highland Ave. Mr. Jim Kunugi $840.58 Fire Prevention Services provided additional information on the empty lot located on Highland Ave. belonging to Mr. Jim Kunugi. Fire Prevention Services provided an extension to Mr. Kunugi duc to a death in the family. Mr. Kunugi did not require the abatement from Fire Prevention Services as he cleaned the property himself. Mr. Kunugi was responsible for the initial administrative costs only. Due to non-payment of these fees, Mr. Kunugi was assessed additional late fees due to lack of payment. Further research from Fire Prevention Services revealed prior assessments for the same piece of property located on Highland Ave. These costs were associated with the years 2003 and 2004. Due to non-payment of services performed by Fire Prevention Services, the cost of the abatement was leaned against the property of Mr. Kunugi through the County. Payment was made by Mr. Kunugi for 2003 and 2004 to the County Tax Collector. Based on the past history, and the circumstances in the current assessment, the only fees sought are the administrative costs, and it is recommended that these costs move forward as the assessment. Future inspections and coordination of services The National City Fire Department and Neighborhood Services have come upon an agreement to prevent the duplication of inspections and documents provided to the residents of National City. Both departments shall inform each other of outstanding cases presently being conducted as well as in the future. It shall also be the responsibility of both departments to separately contact Fire Prevention Services as needed. This service is provided to both departments through contract The process shall also be followed by an email to ensure that both departments are aware of abatements. A "Department Policy" shall also be developed by both the Fire Department and Neighborhood Services outlining these standards. Finally, the City Manager, has expressed interest in visiting a potential "Appeal Process" that would allow staff to view files and meet with property owners prior to council appearance. Attention would be focused on attempting to resolve items during this "Appeal Process", resulting in fewer property owners appealing to Mayor and Council. 2- Fixed Charge Special Assessments Modified and Modified Final ( City or `ional City Weed Abatement Program 2009/2010 Fixed Charge Special Assessments - Modified Ogi. -o 37 a_ b Sji e ' s v a .". 4. , V as , -• fr' f .s Ili iit. td ess CitY, $t . Zip . , . 564-023-06 00 5162�6323 i eve Parker Er.ca 4-6-Lars#wAAd Irvine CA 92602 557 042 09 00 $2,049.62 620 R Ave Abalos Frank 19411 N 73rd Ave Glendale AZ 85308 557 190 35 00 $3,014.98 R Ave Karimi Faramarz 495 Gardner St El Cajon CA 92020 558 022 01 00 $887.10 807 Arcadia PI Aburto Salomon R;Kari V 807 Arcadia PI National City CA 91950 558 023 07 00 $2,241.70 Pleasant Ln Austin Edwin D II Tr PO Box 120501 San Diego CA 92112 558 200 09 00 $1,143.34 2718 E 16th St C/O Edguardo Masanes;National City Deve 1328 N Paradise Ridge Way Chula Vista CA 91915 558 320 09 00 $880.62 2037 Van Ness Ave Granger View Properties 3009 Highland Ave National City CA 91950 560 310 03 00 $840.58 Highland Ave Kunugi Jim 660 H St #C Chula Vista CA 91910 560 320 13 00 $1,092.52 Highland Ave Berns Daniel M;Baldock Holdings 1250 W 17th Street Long Beach CA 90813 560 320 14 00 $1,042.82 2120 Highland Ave Berns Daniel M;Baldock Holdings 1250 W 17th Street Long Beach CA 90813 560 320 15 00 $1,195.24 2100 Highland Ave Berns Daniel M;Baldock Holdings 1250 W 17th Street Long Beach CA 90813 560 320 26 00 $1,468.06 Highland Ave Berns Daniel M;Baldock Holdings 1250 W 17th Street Long Beach CA 90813 561 070 12 00 $2,242.22 1638 L Ave Gomez Jose J PO Box 403 National City CA 91951 561 412 20 00 $1,723.80 Grove St Ortega Jesus G 654 W Manor Dr Chula Vista CA 91910 563 100 26 00 $830.88 N Avenue Martinez Salomon F 2875 Lincoln Ct National City CA 91950 rgm.. .a. ...�. �. <. ., w •.:J:,...;, , �..'W..�. _ z .. „, Total Parcels: 15 Total Assessrr $21,816.34 1• City o( ional City Weed Abatement Program 2009/2010 Fixed Charge Special Assessments - Modified Final per, e 'J.-,'-- 'm t'l(4 ,". ¢ s' ;':.Y .. .,..., ).",a-. .f_ _ o ..,. `4tz _..r_ ,. .... .. ��'-° fNe `€A* :,` di s' ` .S'. t,, fZi 557 042 09 00 $2,049.62 620 R Ave Abalos Frank 19411 N 73rd Ave Glendale AZ 85308 557 190 35 00 $3,014.98 R Ave _ Karimi Faramarz 495 Gardner St El Cajon CA 92020 558 022 01 00 $887.10 807 Arcadia PI Aburto Salomon R;Kari V 807 Arcadia PI National City CA 91950 558 023 07 00 $2,241.70 Pleasant Ln Austin Edwin D II Tr PO Box 120501 San Diego CA 92112 558 200 09 00 $1,143.34 2718 E 16th St CIO Edguardo Masanes;National City Deve 1328 N Paradise Ridge Way Chula Vista CA 91915 558 320 09 00 $880.62 2037 Van Ness Ave Granger View Properties 3009 Highland Ave National City CA 91950 560 310 03 00 $840.58 Highland Ave Kunugi Jim 660 H St #C Chula Vista CA 91910 560 320 13 00 $1,092.52 Highland Ave Bems Daniel M;Baldock Holdings 1250 W 17th Street Long Beach CA 90813 560 320 14 00 $1,042.82 2120 Highland Ave Berns Daniel M;Baldock Holdings 1250 W 17th Street Long Beach CA 90813 560 320 15 00 $1,195.24 2100 Highland Ave Berns Daniel M;Baldock Holdings 1250 W 17th Street Long Beach CA 90813 560 320 26 00 $1,468.06 Highland Ave Berns Daniel M;Baldock Holdings 1250 W 17th Street Long Beach CA 90813 561 070 12 00 $2,242.22 1638 L Ave Gomez Jose J PO Box 403 National City CA 91951 561 412 20 00 $1,723.80 Grove St Ortega Jesus G 654 W Manor Dr Chula Vista CA 91910 563 100 26 00 $830.88 N Avenue Martinez Salomon F 2875 Lincoln Ct National City CA 91950 .. ,� E:< I � ,� „�������� °_ ,'i' '�, �`; '�y '- -* '� : : - .r k `s � r� ` ��, �� fps ;;� ,:,,I. . �... .. �^ �U. s. �«: � .ice-` «t..r _^"?' k. '+c.,, s... _ S°,.:°.,•:� t� Total Parcels: 14 Total Assessrr $20,653.48 1 Fire Prevention Services Schedule of Fees NATIONAL CITY SCHEDULE OF FEES Tractor Mowing 1• per parcel, sized 1 to 7,500 square feet B. per parcel, sized 7,501 to 15,000 square feet C. per parcel, sized 15,001 square feet to 30,000 square feet D. per parcel, sized 30,001 square feet to one acre E. per square foot over one acre Hand Labor A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee quantity sub total $250.00 $325.00 $400.00 $450.00 $00.02 sq. ft. $0.10 $150.00 $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $38.00 x B. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) A. per parcel ttorney Services A. per parcel, per hour Assessment Fees (includes preparing reports, attending hearings, etc.) A. cost confirmation fee, per parcel Miscellaneous Fees Per Parcel A. B. C. D. E. F. G. TI. special inspection fee abatement lien Interest on lien (apr) release of abatement lien public notary file duplication fee unscheduled Labor per man hour unscheduled fees $350.00 $200.00 $275.00 $50.00 $50.00 10% $50.00 $20.00 $50.00 $50.00 (reimbursement of cost) sq. ft. FILE # APN # TOTAL S cu.vds = Fire Prevention Services Fixed Charges Special Assessments National City Fixed Charge Special Assessments Tax Year 2009/2010 2 .r. u se 1,'' a J 5' 'gL. ses . asf De_ :D0.s; 554 023 06 00 $630.50 $50.00 $20.00 $700.50 $104.36 $50.00 $20.00 $275.00 $13.00 $1,162.86 . $0.00 $1,162.86 07/21/2008 507 557 042 09 00 $1,461.51 $50.00 $20.00 $1,531.51 $160.11 $50.00 $20.00 $275.00 $13.00 $2,049.62 $0.00 $2,049.62 12/12/2008 363 557 190 35 00 $2,242.44 $50.00 $20.00 $2,312.44 $344.54 $50.00 $20.00 $275.00 $13.00 $3,014.98 $0.00 $3,014.98 07/21/2008 507 558 022 01 00 $350.00 $50.00 $20.00 $420.00 $109.10 $50.00 $20.00 $275.00 $13.00 $887.10 $0.00 $887.10 08/20/2007 843 558 023 07 00 $1,578.90 $50.00 $20.00 $1,648.90 $234.80 $50.00 $20.00 $275.00 $13.00 $2,241.70 $0.00 $2,241.70 08/11/2008 486 558 200 09 00 $627.50 $50.00 $20.00 $697.50 $87.84 $50.00 $20.00 $275.00 $13.00 $1,143.34 $0.00 $1,143.34 10/03/2008 433 558 320 09 00 $350.00 $50.00 $20.00 $420.00 $102.62 $50.00 $20.00 $275.00 $13.00 $880.62 $0.00 $880.62 10/04/2007 798 560 310 03 00 $350.00 $50.00 $20.00 $420.00 $62.58 $50.00 $20.00 $275.00 $13.00 $840.58 $0.00 $840.58 07/21/2008 507 560 320 13 00 $595.00 $50.00 $20.00 $665.00 $69.52 $50.00 $20.00 $275.00 $13.00 $1,092.52 $0.00 $1,092.52 12/12/2008 363 560 320 14 00 $550.00 $50.00 $20.00 $620.00 $64.82 $50.00 $20.00 $275.00 $13.00 $1,042.82 $0.00 $1,042.82 1.2/12/2008 363 560 320 15 00 $688.00 $50.00 $20.00 $758.00 $79.24 $50.00 $20.00 $275.00 $13.00 $1,195.24 $0.00 $1,195.24 12/12/2008 363 560 320 26 00 $935.00 $50.00 $20.00 $1,005.00 $105.06 $50.00 $20.00 $275.00 $13.00 $1,468.06 $0.00 $1,468.06 12/12/2008 363 561 070 12 00 $1,579.36 $50.00 $20.00 $1,649.36 $234.86 $50.00 $20.00 $275.00 $13.00 $2,242.22 $0.00 $2,242.22 08/11/2008 486 561 412 20 00 $1,125.56 $50.00 $20.00 $1,195.56 $170.24 $50.00 $20.00 $275.00 $13.00 $1,723.80 $0.00 $1,723.80 08/11/2008 486 563 100 26 00 $350.00 $50.00 $20.00 $420.00 $52.88 $50.00 $20.00 $275.00 $13.00 $830.88 $0.00 $830.88 10/04/2007 433 .i% Qyj:: ,$,t ,` RR-v=.s - .:.Y YY'n «�+:' 4 }%'•%:_ :Ani: .: Fire Prevention Services Contract City of National City Fire Department 1243 National City Boulevard., National City, CA 91950-4301 Phone: (619) 336-4550 Fax: (619) 336-4562 March 11, 2004 Corina Jimenez, Deputy Fire Marshal Encinitas Fire Department 505 S. Vulcan Avenue Encinitas, CA 92024-3633 Dear Ms. Jimenez, Regarding your faxed memo to me dated 03/03/04, enclosed is a copy of the agreement between the City of National City and Fire Prevention Services, Inc. I believe the agreement will answer your questions regarding scope of service, etc. The City has used FPS for our abatement services for several years and has not experienced any problems or issues and we are pleased with the services provided. I hope this information proves helpful. Sincerely, Donald Condon, Acting Fire Chief DC:jw Copy:NCFD file Enclosure ® Recycled Paper City of Encinitas Fire Prevention Bureau 505 S. Vulcan Ave. Encinitas, CA 92024-3633 (760) 633-2820 (760) 943-2226 FAX March 3, 2004 TO: Fire Chief Don Condon National City Fire Department FAX (619) 336-4562 FROM: Corina Jimenez, Deputy Fire Marshal Encinitas Fire Department SUBJECT: Fire Prevention Services, Inc. Our fire department is currently looking into our weed abatement program being run by Fire Prevention Services, Inc. it is our understanding that your fire department currently uses their service. We would appreciate your department answer the following questions we have regarding their service: • What is the scope of the service Fire Prevention Services is providing for your department? (i.e. inspections, notifications, abatement, etc.) • If Fire Prevention Services Is conducting the inspection, notification, and forced abatement, does your Department or City Attorney see this as a conflict? If possible, can you also please provide us with a copy of your contract with Fire Prevention Services. Any help you can give us is appreciated. If you have any questions, please give me a call at (760) 633-2824. Thank you for your help. RESOLUTION NO. 2002 — 122 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND FIRE PREVENTION SERVICES, INC. WHEREAS, the City desires to employ a Contractor to design and implement a comprehensive nuisance/weed abatement program for the City; and WHEREAS, the City has determined that Fire Prevention Services, Inc. is qualified by experience and ability to perform the services desired by the City and is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Fire Prevention Services, Inc. for the City's comprehensive nuisance/weed abatement program. Said Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 20th day of August, 2002. ATTEST: Mich el R. Dalla City Clerk APPROVED AS TO FORM: L.: George H. Eiser, III City Attorney Ar George H. ters, Mayor Passed and adopted by the Council of the City of National City, California, on August 20, 2002, by the following vote, to -wit: Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Zarate, Waters. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS 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. 2002-122 of the City of National City, California, passed and adopted by the Council of said City on August 20, 2002. City of National City, California Jerk of the Cit By: Deputy AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND FIRE PREVENTION SERVICES, INC._ THIS AGREEMENT is entered into this 7TH day of MAY, 2002 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and _FIRE PREVENTION SERVICES. INC._ (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to design and implement a comprehensive nuisance/weed abatement program for the City_. WHEREAS, the CITY has determined that the CONTRACTOR is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit 'A' . The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit 'A' to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 25 % from the base amount. Revised 52000 disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. The CONTRACTOR is not an employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, 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. 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 within the City. 3 Revised 5/2000 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRAC- TOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: 5 Revised 5/2000 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 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; (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 7 Revised 5/2000 ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. 9 Revised 5/2000 EXHIBIT 'A' 1.0 SCOPE OF WORK The project is more particularly described as : * The design and implementation of a comprehensive nuisance abatement program that will reduce public nuisance, the threat of fire spread, and enforce the requirements of the National City Municipal Code. * The program will include provisions to identify and preserve biological habitat, while maintaining strict adherence to CITY and Fire Department codes and standards. * The CONTRACTOR will perform all noticing, inspections, and follow-up notifications and inspections for all parcels which fall under the jurisdiction of the National city Municipal Code. * Forced abatements shall be performed by the CONTRACTOR, when required. * The CONTRACTOR shall cooperate fully with the CITY when forced abatement upon any parcel is imminent. * The CONTRACTOR shall not proceed with any forced abatement until proper documentation is provided, and a notice to proceed is issued by the CITY. * The CONTRACTOR shall perform billing and collection functions associated with forced abatements, unless other prior arrangements have been made with the CITY. * The CONTRACTOR shall be an authorized representative of the CITY under this program and shall maintain good public relations with all citizens, groups and organizations associated with the project. 1.1 SERVICES PROVIDED BY THE CONTRACTOR The services to be provided by the CONTRACTOR shall consist of, but not be limited to the following : 1.1.1 Cooperate fully with the CITY in performing services in accordance with this agreement, with established codes and standards, and with the intent of what the CITY expects the CONTRACTOR to accomplish. 1.1.2 Visit and thoroughly inspect all parcels in the CITY which fall under the provisions of this agreement. Frequency of inspection shall be determined by subsequent agreement between the CONTRACTOR and the CITY. The CITY may designate high priority areas of the CITY, upon which the CONTRACTOR shall concentrate their efforts until compliance is gained. Any parcels found to be in violation of CITY standards shall be documented by the CONTRACTOR. The 11 Revised 5/2000 1.1.9 Furnish all labor, material, equipment, and tools for the inspection, notification, and forced abatement of parcels within CITY. 1.1.10 Respond within three working days, in writing or by telephone, to all complaints and/or inquiries concerning violations of the Municipal Code. Any complaints about work performed by the CONTRACTOR that cannot be resolved by the same shall be directed to the CITY. 1.1.11 Provide the CITY with monthly reports containing monthly and year-to-date information concerning the progress of the program. The report shall contain, but not be limited to, the following information: A. number of first notices sent B. number of final notices sent C. number of parcels forcibly abated D. number of parcels abated by owner E. number of parcels in compliance An authorized representative of the CONTRACTOR shall meet with the CITY, upon request, to discuss the progress of the project or any other issues or concerns which may arise during the term of this agreement. 1.2 SERVICES PROVIDED BY THE CITY The CITY shall provide the following services: 1.2.1 Overall quality assurance of the program by providing written and oral standards and guidelines, reviewing correspondence and documentation, and reviewing citizen comments and complaints. The CITY or an authorized representative shall authorize all forced abatements. 1.2.2 Field inquiries and complaints and forward the information to the CONTRACTOR. 1.2.3 Consultation on issues related to the concerns of the CITY. Assistance with the enforcement of CITY ordinances and/or standards will be provided when necessary. 1.2.4 Provide information concerning both public and private parcels in the CITY which were subject to prior abatement efforts. A list of parcels known or suspected to contain environmentally sensitive habitat will also be provided. 1.2.5 Special Assessments, should CONTRACTOR be unable to collect an amount charged for abatement after attempt by CONTRACTOR and/or CONTRACTOR's collection agency, CONTRACTOR may request a special assessment through the CITY. CITY agrees to impose an assessment after review of CONTRACTOR's records, CITY shall pay CONTRACTOR upon payment from the tax collectors office. In order to process an assessment, CONTRACTOR shall provide the records required by the CITY. 13 Revised 5/2000 EXHIBIT 'A' CONTINUED... SCHEDULE OF FEES 1 Tractor Mowing A. per parcel, sized 1 to 7,500 square feet $200.00 B. per parcel, sized 7,501 to 15,000 square feet $275.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $375.00 D. per parcel, sized 30,001 square feet to one acre $425.00 E. per square foot over one acre $0.015 2. Discing A. per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. per square foot over one acre $0.018 3. Hand Labor A. per square foot of area abated $0.08 4. Dozer Operation A. hourly rate $95.00 B. move -on fee $95.00 5. Debris Removal (includes hauling, burning, and/or chipping) A. per cubic yard of material $28.00 B. dump fees (reimbursement of cost) 6. Excavator Brush Cutting Machine (where heavy brush makes it impractical to hand -cut) A. per square foot $250.00 minimum $0.08 7. Administrative Fee (forced abatement only) A. per parcel $250.00 8. Attorney Services (when required) A. per parcel Statutory 9. Miscellaneous Fees A. special inspection fee (includes documentation & photos) $50.00 B. abatement lien $40.00 C. release of abatement lien $40.00 D. public notary $10.00 E. file duplication fee $50.00 F. unscheduled labor (per man hour) $50.00 G. unscheduled fees and or material (reimbursement of cost) 10. Fee to the City $0 15 • POLICY NUMBER: PAC6240661 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: CITY OF NATIONAL CITY, ITS OFFICERS, AGENTS, & EMPLOYEES ATTN: PURCHASING DEPARTMENT 2100 HOOVER AVENUE NATIONAL CITY, CA 91950 (If no entry appears above, information required to complete this endorsement will be shown in the as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization Schedule as an insured but only with respect to liability arising out of your operations or 'premises rented to you. Declarations shown in the owned by or CG 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 al. RESOLUTION NO, 98-120 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING FIRE PREVENTION SERVICES, INC. THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE AN AGREEMENT FOR WEED ABATEMENT SERVICES WHEREAS, the Purchasing Agent of the City of National City did in open session on September 10, 1998, publicly open, examine and declare all sealed proposals or bids for Weed Abatement Services. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of National City hereby rejects all of said bids except that herein mentioned, and hereby awards the contract for weed abatement services to the lowest responsive, responsible bidder, to wit: FIRE PREVENTION SERVICES BE IT FURTHER RESOLVED by the City Council of the City of National City, California, that the Purchasing Agent is hereby authorized to execute on behalf of the City, a Purchase Order between Fire Prevention Services, Inc. and the City of National City to effect this purchase. PASSED and ADOPTED this 22nd day of September 1998. George H. Wafers, Mayor ATTEST: Michael R. Dalla, Olty Clerk APPROVED AS TO FORM: RECEIVED BY National City Fire Dept' AM George H. iser, III 18191101111121112131415t6 City Attorney Passed and adopted by the Council of the City of National City, California, on September 22, 1998, by the following vote, to -wit: Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Zarate, Waters. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS 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. 98-120 of the City of National City, California, passed and adopted by the Council of said City on September 22, 1998. .,gr;Zzie Jerk of the City of City ational City, California By: Deputy ..s s.. vv 1 i JLL--21-2000 09:16 rQye „ P. 01 CITY OF NATIONAL CITY PURCHASING DEPARTMENT 2100 HOOVER AVENUE, NATIONAL. CITY, CA. 91960 Ph (619) 336.4570 Fx (619) 336-4597 July 21, 2000 To: Fire Prevention Services Attn: Ken Osborn Fax 445-6336 Re: Weed Abatement Contract Renewal The first renewal option of the above referenced contract will expire 9121/00. The bld contained the option to renew for three additional one-year periods. I would like to extend our agreement for another one year period, under the existing pricing, terms and conditions. Our new agreement would be effective through September 21, 2001. Please respond via signature below, and fax to my attention. A response is requested by Auauat 1st, to allow sufficient terns for a new bid process, if necessary. Thank you for your assistance, it's a pleasure doing business with you. Purchasing Agent v 1 agree to the renewal as stated above 1 do NOT a f e o the renewal as stated above, for the following reason: Signature 0.41 �,�5' heAl 7-ge -d 0 Punted Name Date JUL-28-2000 10:51 999 999 9999 TRTOI D 14 92% P.01 16. WARRANTIES Vendor agrees that the supplies or services to be furnished shall be covered by the most favorable commercial warranties the vendor gives to any customer for the same or substantially similar supplies or services and that the rights and remedies so provided are in addition to and do not limit any rights afforded to the City. 17. FAILURE TO RESPOND In the event your company fails to respond to two (2) consecutive `Request for Bids', your company will be deleted from the Purchasing Division's bidder list. Reinstatement can be accomplished upon request. 18. HAZARDOUS MATERIALS a. If the product being supplied contains any material which is listed on Califomia OSHA Director's List, and/or Califomia Administrative Code Title 22, Public Health Service Chapter 30 as hazardous; the successful bidder shall forward a Material Safety Data Sheet (MSDS), (OSHA Form 20), referencing the Purchase Order Number, to San Diego County, Department of Health Services, 1700 Pacific Highway, San Diego, CA 92101, Attn: Occupational Health Engineer, and to the National City Fire Department, 333 East 16th Street, National City, CA 91950 -4596, and to the Purchasing Agent at 2100 Hoover Avenue, National City, CA 91950-6599. b. In accordance with National City Council Policy, vendor shall not provide or deliver any product containing fully halogenated chlorofluorocarbons (CFC's) unless specifically authorized by the National City Purchasing Agent. If any of the items specified in this bid contain CFC's please alert the Purchasing Agent immediately. 19. INDEMNIFICATION The Bidder shall indemnify, defend, and hold harmless the City, its officers, agents, and employees from any and all claims and losses occurring or resulting to any and all contractors, subcontractors, material, laborers, or any other person, firm, or corporation fumishing or supplying work, services, materials, or supplies in connection with the performance of this bid, and from any and all claims occurring or resulting to any person, firm, or corporation who may be injured or damaged by the Contractor in the performance of this bid. continued on next page 7. INSPECTION All items or services are subject to final inspection and acceptance by the City. Defective items will be rejected by the City or made good by the vendor in a manner satisfactory to the City. Such final inspection shall be made within a reasonable time after delivery. 8. UNRESPONSIVE BIDS Bids submitted in response to the Request for Bids must be in full conformance with the terms and conditions set forth herein. Further, all specification requirements must be met unless the language of the Request for Bids indicates alternate specifications will be acceptable. 9. PRICING OF BIDS In the event of a conflict between unit price bid and bidder's extended price, the unit price will prevail unless price is so obviously unreasonable ' as to indicate an error. In that event, the bid will be rejected as unresponsive for reason of inability to determine the intended bid. 10. REJECTION OF BIDS The City reserves the right to reject any or all bids and to accept or reject any item(s) thereon, or waive any informality in the bid. 11. SAMPLES When requested, bidders shall submit properly marked samples of the article(s) on which the bid is made to the City. Any sample submitted must be clearly marked in such a manner that the marking is fixed, so that the identification of the sample is assured. Such marking shall state: (1) name of bidder, (2) bid number, and (3) item number. Samples, when required, must be fumished free of expense to the City, and if not destroyed by tests, will upon request be retumed at the bidder's expense. 12. SIGNATURE All bids must be signed with the firm name and by an authorized officer or employee. The name is to be typed or printed along with signature. Obligations assumed by such signature must be fulfilled. continued on next page STANDARD TERMS AND CONDITIONS OF REQUEST FOR BIDS 1. EQUAL OPPORTUNITY Each vendor, having a contract with the City in excess of $10,000 annually, shall comply with the City's Equal Opportunity Program. This requires vendors to have an Equal Opportunity Program of their own, a copy of which must be submitted with the bid, or otherwise filed with the City's Purchasing Department. Companies with fewer than fifteen (15) regular, full-time employees at the time of award, are exempt. The object of this program is to assure that vendors will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin; and will take action to assure that applicants are employed and that employees are treated, during employment, without regard to race, color, religion, sex, or national origin. A copy of the City's Equal Opportunity Program, which is incorporated herein by reference, will be fumished upon request. The City of National City, as a matter of policy, encourages the participation of small, minority, women and handicapped owned businesses. 2. ASSIGNMENT OF RIGHTS TITLE AND INTEREST In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or under the Cartwright Act (Chapter 2, commencing with section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. continued on next page INSTRUCTIONS FOR COMPLETING REQUEST FOR BID 1. Where, applicable, bid each item separately. Prices should be stated per unit(s) specified herein. ‘rP' 2. Bids must be submitted to the Purchasing Agent, City of National City, 2100 Hoover Avenue, National City, CA 91950-6599, by the time and date specified on the cover page. Bids will be publicly opened at that time. 3. Bids must be submitted using the forms and envelope provided as a part of this bid package. If the form is deemed inadequate, additional information may be submitted with the proposal, via an attachment of catalogs, drawings, photographs or letter. Letters repeating prices and details from the City's specifications should be omitted. Prices shall be firm and not subject to escalation unless allowed in 'Special Conditions' section of this bid. If the envelope is deemed inadequate, it may be taped to the outside of a larger envelope. Bids must be clearly identifiable as such. 4. Bids shall be prepared in ink, by typewriter or on computer. Pencil is unacceptable. Mistakes may be crossed out and corrections inserted adjacent thereto and must be initialed in ink by the person signing the proposal. 5. Bids are subject to acceptance at any time within 30 days after opening of same, unless otherwise stipulated by the City. 6. Bids received after the prescribed time of opening will be time stamped and retumed to the bidder unopened. 7. If you choose to 'NO BID', return the cover page and state reason; otherwise your name may be removed from the City's bidder list. 8. Should a vendor find discrepancies in, or omissions from the specifications, or be in doubt as to their true meaning, vendor may submit to the Purchasing Agent a request for an interpretation. The person submitting the request shall be responsible for its prompt delivery. Any interpretation of, or change to the proposed documents will be made only by an addendum issued to each person to whom specifications have been issued, and shall become part of any contract awarded. The City will not be responsible for any other explanation or interpretations. continued on next page varf City of National City, California COUNCIL AGENDA STATEMENT EETING DATE September 22, 1998 AGENDA ITEM NO. 6 I.ITEM TITLE Resolution accepting the lowest responsive, responsible from Fire Prevention Services, and authorizing award of bid #9899/1 fors Weed Abatement Services PREPARED BY EXPLANATION. Brenda E. Hodges See attached. DEPARTMENT Purchasing Environmental Review X N/A Financial Statement No City funds required. See attached. Account No. STAFF RECOMMENDATION In concurrence with the Fire Chie f,'the Purchasing Agent recommends that the award be made to Fire Prevention Services, and that authority be given to the Purchasing Agent to issue resulting purchase order. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 98-120 ) Bid Abstract Protect Schedule (3) Schedule of Fees \4) Resolution Explanation: Request for Bids were issued for weed abatement services for properties within the City of National City, to include: • surveying properties • responding to complaints • documenting hazards • processing notifications • notifying property owners • abatement of hazards when property owners fail to bring their properties into compliance with adopted nuisance abatement and related safety Codes including but not limited to Municipal Code Chapters: 1.36, 7.06, 7.12, 7.14, 7.28 and 9.12. • conformation of hazard with City Staff, and abatement of hazards • compliance with all terms, conditions, and scope of work detailed in the bid package, and attached Project Schedule. Bids were mailed to seven (7) vendors, netting three (3) responses. Bids were opened and read publicly on September 10, 1998. with one vendor present for the opening. The lowest responsive, responsible bid (and only bid) was received from Fire Prevention Services. The novelty of this contract is that it avoids City subsidy. The vendor will provide all services and collect fees directly from the property owner. However, for purposes of comparing bids (and since we cannot predict the actual amount of service that will be required), estimated quantities were established in the bid for each type of service. Based on those estimates. and the proposed cost per service, the approximate annual value of this contract could be about $10,000.00. Contract prices for services that may be required during the course of this contract, and which may be imposed upon a property owner, are set forth in the attached `Schedule of Fees'. This is a one-year contract (initial term to be 9/22/98 through 9/21/99), with the option to renew for three additional years at a maximum of 10% increase per year. Renewals will be contingent upon mutual agreement established 90 days prior to the termination of the contract period then in effect. RESOLUTION NO. 98-120 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING FIRE PREVENTION SERVICES, INC. THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE AN AGREEMENT FOR WEED ABATEMENT SERVICES WHEREAS, the Purchasing Agent of the City of National City did in open session on September 10, 1998, publicly open, examine and declare all sealed proposals or bids for Weed Abatement Services. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of National City hereby rejects all of said bids except that herein mentioned, and hereby awards the contract for weed abatement services to the lowest responsive, responsible bidder, to wit: FIRE PREVENTION SERVICES BE IT FURTHER RESOLVED by the City Council of the City of National City, California. that the Purchasing Agent is hereby authorized to execute on behalf of the City. a Purchase Order between Fire Prevention Services, Inc. and the City of National City to effect this purchase. PASSED and ADOPTED this 22nd day of September 1998. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: gat—.Ar George H. Eiser, III City Attorney PROJECT SCHEDULE t � The program which Fire Prevention Services Inc.(FPSI) is proposing to The City of National City (City) is a comprehensive year around program. The start date will be at the time the City enters into a contract with FPSI. From that date forward parcels within the City will be inspected and notices will be sent on a daily bases as the parcels are found in violation of the standards, with a continuos effort to bring the number of parcels into compliance. FPSI will then perform a search in our computer data -base as well as a search of county records to be sure the proper/legal owner is notified. The property owner will be mailed a Notice giving them thirty (30) days to comply. After the thirty (30) days has expired a second inspection of the parcel will take place, if the parcel is still in violation the owner will be mailed a certified Notice giving them ten (10) days to comply. After the ten (10) days have expired a third inspection of the parcel will take place, if the parcel is still in violation, the parcel will be photographed and all the documentation on that parcel will be presented to the City for review and approval to have FPSI clear the parcel in accordance with City standards. The abatement crews will be scheduled, photos of the parcel will be taken prior to the abatement. After the parcel has been abated photos will be taken of the work that has been performed. A bill will be sent out to the parcel owner giving them fifteen (15) days to respond and make arrangements to pay the amount due. If the parcel owner fails to respond after the fifteen (15) days have expired a second bill will be sent out giving the owner ten (10) day to respond and make arrangements to pay the amount due. After the ten (10) days have expired if the parcel owner has failed to -espond or make arrangements to pay the amount due an Abatement lien will be fried by FPSI against the parcel. On an annual basis FPSI will submit to the City a List of parcels and amounts to be assessed through the fixed charge special assessment tax process. The City will reimburse FPSI as :he property taxes are paid by the County to the City. If at any time the Notice is returned, another check for most current ownership information will be done. If a new owner and/or a new mail address is found and the change had occurred prior to the Abatement notice being mailed out the entire process will start over to ensure that the legal owner is property notified. A monthly progress report will be submitted to the City (see enclosure for sample of a monthly progress report). Consistent visits to the City will enable FPSI to pickup any new complaints and give the opportunity for the FPSI inspector to develop a strong working relationship with all applicable Cty personne;. 5 Liw SqKg1tMEM7 On7ie4L7 AGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL cS8 / COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — SEPTEMBER 22, 1998 - 6:00 P.M. 6:01 ROLL CALL ALL PRESENT PLEDGE OF ALLEGIANCE TO THE FLAG BY CITY MANAGER, TOM G. MCCABE. INVOCATION BY BEAUCHAMP. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 15, 1998. M Z U TO APPROVE CONSENT CALENDAR I B U TO APPROVE EXCEPT ITEM #6 1. Resolution No. 98-115 Resolution of the City Council of the City of National City approving preparation of documents in connection with refunding of 1991 Lease Revenue Bonds, authorizing preparation and distribution of preliminary official statement in connection with sale of refunding bonds, and authorizing and directing official action. (Finance) 2. Resolution No. 98-116 Resolution of the City Council of the City of National City authorizing the installation of a disabled person's parking space at 633 East 1st Street, National City, California. (Engineering) 3. Resolution No. 98-117 Resolution of the City Council of the City of National City adopting an annual Disadvantaged Business Enterprises (DBE) program and goal for federally -funded construction contracts. (Engineering) 4. Resolution No. 98-118 Resolution of the City Council of the City of National City accepting the bid from Nixon Egli Equipment Company and authorizing the Purchasing Agent to execute an Agreement for the purchase of one street sweeper. (Purchasing) 5. Resolution No. 98-119 Resolution of the City Council of the City of National City authorizing an increase in a bid award to Colonial Ford for the purchase of one additional truck. (Purchasing) 6. Resolution No. 98-120 Resolution of the City Council of the City of National City declaring Fire Prevention Services, Inc. the lowest responsive, responsible bidder and authorizing the Purchasing Agent to execute an Agreement for weed abatement services. (Purchasing) QUESTIONS B M U TO APPROVE 7. WARRANT REGISTER #11 (Finance) Ratification of Demands in the amount of $291,445.38 Certification of Payroll in the amount of $481,976.50. 8. Claim for Damages: Jose Gutierrez (City Clerk) NON CONSENT RESOLUTIONS 9. Resolution No. 98-121 Resolution of the City Council of the City of National authorizing the Mayor to execute a contract with Eden Systems, Incorporated for installation of software for an integrated financial management information system. (Finance) PRESENTATION BY MATIENZO Z M U TO APPROVE 10. Resolution No. 98-122 Resolution of the City Council of the City of National City authorizing the Mayor to execute a contract with Tresun Corporation for installation of utility billing software. (Finance) M Z U TO APPROVE. 11. Resolution No. 98-123 Resolution of the City Council of the City of National City authorizing the Mayor to execute a contract with Sym Pro, Inc. for installation of investment portfolio management software. (Finance) Z M U TO APPROVE. 12. Resolution No. 98-124 Resolution of the City Council of the City of National City waiving the bidding procedure and authorizing the Purchasing Agent to execute a Purchase Order with Verotek for the purchase of a computer server and associated equipment. (Purchasing) I Z U TO APPROVE. 13. Resolution No. 98-125 Resolution of the City Council of the City of National City authorizing the Mayor to execute an amendment to an existing agreement with Verotek for maintenance of additional equipment added to the City's network. (Purchasing) Z M U TO APPROVE 14. Resolution No. 98-126 Resolution of the City Council of the City of National City waiving formal bidding requirements and authorizing the purchase of 800 MHz radio equipment from Motorola. (Police) I Z U TO APPROVE. NON CONSENT RESOLUTIONS 15. Resolution No. 98-127 Resolution of the City Council of the City of National City authorizing the Mayor to execute a master lease/purchase agreement with Saulsbury Hill Financial, and an escrow agreement with Saulsbury Hill Financial and the Bank of America, and authorizing the City Manager to execute any necessary subsequent purchases or contracts necessary to complete this project. (Purchasing/Finance) I M U TO APPROVE. CITY ATTORNEY EISER REITERATED THAT RESOLUTIONS 9 THROUGH 15 WERE APPROVED SUBJECT TO FINAL APPROVAL BY THE ATTORNEY. 16. Resolution No. 98-128 Resolution of the City Council of the City of National City granting a special permit for a sewer connection to the City sewer system from a property in the County of San Diego, prior to completion of a proposed annexation of the property to the City of National City. (Engineering) SPEAKER APPLICANT SPOKE I M U TO APPROVE WITH ONLY A $2,500 BOND AT A TIME LIMIT ACCEPTABLE TO THE CITY ATTORNEY NEW BUSINESS Temporary Use Permit - San Diego Low Rider Council And National City Police Department. (Building & Safety) RAY ALLEN FROM PD SPOKE. I Z U TO APPROVE WITH A MODIFIED ENDING TIME OF 4:00 PM. -> CITY MANAGERNO REPORT -> CITY ATTORNEY NO REPORT -> OTHER STAFF NO REPORT - MAYOR NO REPORT -* CITY COUNCIL MORRISON / ZARATE / BEAUCHAMP SPOKE ABOUT SUCCESS OF HERITAGE DAYS ZARATE ANNOUNCED HER APPOINTMENT AS CHAIRMAN OF A SANDAG CENSUS 2000 COMMITTEE PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) RITA HEUSS 2121 E FOURTH STREET REQUESTED THAT ANY FUTURE PUBLIC HEARINGS INVOLVING EL TOYON PARK BE NOTICED TO EVERYONE LIVING AROUND PARK. ADJOURNMENT I M U TO ADJOURN CLOSED AT 7:37 PM Next Regular City Council Meeting — October 6, 1998 — 3:00 p.m. - Council Chambers, Civic Center. City of National City General Services Department Purchasing Division 2100 Hoover Ave., National City, CA 91950-6599 (619) 336-4370 May 1, 1998 To: Fire Prevention Services Attn: Ken Osbourn Fax: 445-6336 Re: Weed Abatement Contract The above referenced contract will expire May 20, 1998. RECEIVED BY National City Fire Dept I�trgt 0 4- 3 1 PM 1gt9L1Qi11h12i1i2I3l4l5I6 The contract has already been renewed once, as allowed by the original award. There are no further renewal options, therefore, the contract needs to go back out to bid. To allow time for the bid process to take place, we mutually agreed to extend the current contract for three months, through August 20, 1998. I anticipate that bid packages will be in the mail by July 20, 1998. As always, it's a pleasure doing business with you. Brenda E. Hodges Purchasing Agent CC:s�fiall S/Ag ® Recycled Paper City of National City General Services Department Purchasing Division 2100 Hoover Ave., National City, CA 91950-6599 (619) 336-4370 CITY OF NATIONAL CITY REQUEST FOR BID Mail or Deliver Your Bid to: Purchasing address above. Date Issued: August 6, 1998 Bid No. GS9899/1 Bid Opening: Sept. 10, 1998 Bids must be received by 3:00 pm on opening date. All prices must be quoted FOB Destination. Specify Payment Terms: Prices good for minimum of 30 days, but max. of Bid is subject to all terms and conditions contained herein. For information call: Purchasing Agent at (619) 336-4370. Brenda E. Hodges Description Weed Abatement Services days after opening. Name and Address of Bidder. Name/Title of Person (Type or Print) Telephone authorized to sign offer. Signature Offer Date ) Recycled Paper J. , ..., - .J47 .�•.» ,aoo o o 000.�, .J. ui rive, rdyC I/1 P.01 CITY OF NATIONAL CITY PURCHASING DEPARTMENT 2100 HOOVER AVENUE, NOTIONAL CITY, CA. 91950 Ph (819) 336-4570 [[Ft (619) 336.4597 August 23, 1999 To: Fire Prevention Services Attn: Ken Osborn Fax: 445-6336 Re: Weed Abatement Contract RenewJ RECEIVED yED BY National Fire AUG 3 1 1999 7 PM 181911O111112111218141516 The original term of the above referenced contract will expire 9/21/99. The bid contained the option to renew fcr three additional one-year periods. I would like to extend our agreement for another one year period, under the existing pricmi,eerrns nditions. Our new agreement would beffective 0 September 21, 2000--.) r Please respond via signature below, an i fax to my attention. A response is requested by August 26°i. to allow suffcient time for a new bid process, if necessary. Thank you for your assistance, it's a plea$ure doing business with you. Brenda E. Hodges Purchasing Agent tr.--I to the renewal as stated above I do'ROT agree to the renewal as Stated above, for the following reason: Al (9,Plolei r-io -25 Signature Printed Name OEAft Date TOTAL P.01 AUG-30-1999 15:00 999 999 9999 93% F.01 Fee Schedule Approximate quantities of each activity are given as a basis for comparing bids, and are based on estimated annual usage. The Purchasing Agent does not, expressly or by implication, agree that the actual amounts of an individual service will be necessary. Throughout the term of the contract, more or less may be required. Please provide fees for the listed service, based on the estimated quantities stated: Activity Est. Annual Regiment Cost Tractor Mowing 40,000 sq. feet $ / sq ft Discing 60,000 sq. feet $ / sq ft Edging 2000 linear feet $ / lin.ft Hand Labor 20,000 sq. feet $ / sq ft Debris Removal (incl. hauling and/or chipping) 80 cubic yards $ / cu yd Hourly Rate for Securing of Buildings (Not including materials) 48 hours $ / hour Miscellaneous Fees • Special inspection 6 each $ / each • Abatement lien 6 each $ / each • Release of abatement lien 6 each $ / each • Public notary 6 each $ / each Signature: Print Name: Date: Company Name: Phone: Noe LOCAL TAX ADJUSTMENT Because National City receives sales tax revenue of approximately 1 % of all taxable sales transacted in the City, an adjustment of 1 % may be made for vendors having a faced location within the corporate limits of National City. This adjustment will be made for the purpose of determining true cost to the City and therefore determining low bid. Local vendors having multiple locations, must agree that any sales made to the City of National City, be negotiated from the National City location, and thus declared on the "State, Local and District Sales and Use Tax Retum" filed with the State Board of Equalization as having National City as the point of sale. If the award is made to a local vendor, the City of National City may require a copy of the "State, Local and District Sales and Use Tax Return" submitted to the Finance Director. All returns will be treated in a confidential manner. By virtue of your signature on the bid package, you acknowledge, understand and agree with the above. INSURANCE REQUIREMENTS The CONTRACTOR, at its sole cost and expense, shall purchase and maintain throughout the term of the agreement, the following insurance policies: 1. Automobile insurance covering all bodily injury and property damage incurred during the performance of this agreement, with a minimum coverage of $500,000 combined single limit per accident. Such automobile insurance shall include non - owned vehicles. 2. Comprehensive general liability insurance, with minimum limits of $500,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this agreement. 3. Worker's Compensation insurance covering all of its employees and volunteers. Said policies, except for the workers' compensation policy, shall name City and its officers, agents, and employees as additional insureds. The aforesaid policies, shall constitute primary insurance as to the City, its officers, employees and volunteers, so that any other policies held by City shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to City of cancellation or material change. 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. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, Contractor shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this agreement. Any aggregate insurance limits must apply solely to this agreement. Nothing contained herein shall prevent the contractor from carrying on its usual business, including the performance of other additional services for the City, should the City desire additional services, nor from performing similar services for other agencies, cities, districts or public or private entities. Upon receipt of recommendation for award of the contract, the vendor will be requested to send all insurance certificates to: City of National City, Purchasing Division, 2100 Hoover Avenue, National City, CA 91950. Certificates must be received prior to submittal of recommendation to City Council for award of contract. SPECIAL CONDITIONS 1. Initial term of contract to be September 22, 1998 through September 21, 1999. 2. Prices to remain firm for the contract period. 3. Approximate quantities are given as a basis for comparing bids, and are based on estimated annual usage. The Purchasing Agent does not, expressly or by implication, agree that the actual quantities will be purchased. Throughout the term of the contract, more or less may be ordered. 4. Experience will be assessed a value for purposes of comparing bids. Determination, and acceptance of applicable experience will be at the discretion of the City 5. If any of the work performed hereunder is not in conformity with the requirements of this contract, the City shall have the right to require the contractor to perform the work again, in conformity with the requirement of the contract, at no additional increase in total contract amount. When the services to be performed are of such a nature that the defect cannot be corrected by the re -performance of the work, the City shall have the right to require the contractor to immediately take all necessary steps to ensure future performance of the work in conformity with the requirements of the contract; and reduce the contract price to reflect the reduced value of the work performed. In the event the contractor fails promptly to perform the work in conformity with the requirement of the contract, the City shall have the right to either 1) by contract or otherwise have the work performed in conformity with the contract requirements and charge to the contractor any cost occasioned to the City that is directly related to the performance of such work; or 2) terminate this contract for default. The contractor shall provide and maintain an inspection system acceptable to the City covering the work to be performed hereunder. Records of all inspection work by the contractor shall be kept complete and available to the City during the term of this contract and any subsequent renewal terms. 6. The contractor shall be familiar with environmental protection laws and regulations, which are designed to protect sensitive habitats. The contractor shall understand methodologies used to prevent or eliminate the impact to sensitive or natural habitats when completing abatement actions. 7. The successful bidder will take all measures that are practical to minimize inconvenience to City personnel and the public. The successful bidder shall conform with all governing safety regulations. NS ACORDrn, CERTIFICA" 1 OF LIABILITY Agency, Inc. Suite 100 Fax No. 619-464-1901 INSUR 'VCE FIREPZI DATE IMM/DD/YY) PRODUCER Teague Insurance License #0525512 5550 Baltimore Dr. I.- Mesa CA 91942 .11%.0gue Insurance Phone No. 619-464-6851 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. COMPANIES AFFORDING COVERAGE COMPANY A Pacific National/Vik Brothers INSURED i 1toi te/• f 1, � � , C d� W AGb ` J (leen Osborne) \ Fire Prevention Services, Inc P.O. Box 2012 Alpine CA 91903-2012 COMPANY B Allied Insurance Group COMPANY C COMPANY D COVERAGES THIS IS TO CERTIFY THAT 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 POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS B GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY PROT ACP7800150213 08/08/97 08/08/98 GENERAL AGGREGATE 92,000,000 X PRODUCTS - COMP/OPAGG 92,000,000 CLAIMS MADE X OCCUR PERSONAL & ADV INJURY 8 1, 000, 000 OWNER'S & CONTRACTOR'S EACH OCCURRENCE 9 1, 000, 000 FIRE DAMAGE (Any one fire) 6 50, 000 MED EXP (Any one person) $ 5,000 B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS ACP7800150213 07/29/97 07/29/98 COMBINED SINGLE LIMIT 91,000,000 BODILY INJURY (Per person) 9 X X BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT 8 AGGREGATE 8 EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ AGGREGATE 9 $ A WORKERS COMPENSATION EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: AND INCL EXCL WC262813000 04/29/97 04/29/98 TO Y LIMITATU- OER TORY LIMITS ER - - EL EACH ACCIDENT 6 1, 000, 000 EL DISEASE -POLICY LIMIT 81,000,000 EL DISEASE - EA EMPLOYEE $ 1, 000, 000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED IN RESPECTS TO GENERAL LIABILITY ONLY. JOB: ALL OPERATIONS *10 DAYS NOTICE FOR NON-PAYMENT OF THE PREMIUM* CERTIFICATE HOLDER CITY07 4 CITY OF NATIONAL CITY ATTN: PATTY NATIONAL CITY FIRE DEPT. 'S... 333 EAST 16TH ST., NATIONAL CITY, CA 91950 ACORD 25-S (1/95) CANCELLATION SHOULD ANY EXPIRATION DATE 3 0 * DAYS OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE THEREOF, THE ISSUING COMPANY WILL MAIL WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ' Z'' ` LGe ©ACGRD CORPORATION 1988 liffelliiiiMMINI AUTHORIZED REPRESENTATIVE Teague Insurance AMENDMENT TO AGREEMENT FOR WEED ABATEMENT SERVICES FOR THE CITY OF NATIONAL CITY This Amendment to Agreement is made and entered into this 16th day of 1997, by and between the City of National City, hereinafter referred to as the "CITY", and Fire Prevention Services, hereinafter referred to as "VENDOR". RECITALS A. On May 25, 1996, CITY and VENDOR entered into an agreement entitled "Weed Abatement Contract°. B. The term of the contract was for one year from May 21, 1996 through May 20, 1997, and is renewable for one additional year at the City's option. C. CITY and VENDOR now desire to renew said agreement, with renewal term to commence May 21, 1997 and end May 20, 1998. D. Insurance requirements have been met, and updated documentation is on file with City. NOW, THEREFORE, the parties hereto mutually 'agree to renew the agreement for 'Weed Abatement Services'. Except as otherwise provided herein, all of the provisions of said Agreement, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on the date first above stated. Brenda E. E. Hodges Purchasing Agent City of National City Date: Ken Osbourn President Fire Prevention Services Date: / /7-'17 STATE OF CALIFORNIA FIRE PREVENTION CERTIFIED F Fire Prevention Services, Inc. July 1, 1996 City Of National City Fire Department Headquarters Attn: Fire Marshal Pittman 333 E. 16 th Street National City, CA 91950 RE: WEED ABATEMENT CONTRACT Dear Fire Marshal Pittman, This letter is to serve as a formal understanding regarding a misprint contained in the Contract between The City Of National City and Fire Prevention Services, Inc. know as Resolution No. 96-62. Ni., The error is listed under the heading RUBBISH REMOVAL and is listed as $125.00 PER SQ. FT. This should read $125.00 per 5-cu. yd. truckload and is constant with EXHIIBIT "A" under Rubbish Removal contained in Resolution 96-62. You can be assured that any work performed by us under this contract will only be charged at the $125.00 per 5-cu. yd. truckload rate. All other terms and conditions of Resolution No. 96-62 are correct and accurate and shall be billed at the rates contained therein. Thank you for taking the time to bring this error to my attention, as always it is a pleasure working for you and the City. Respectfully, Ken Osborn president P. O. Box 2012 : Alpine, CA 91903-2012 : (619) 562-1058 : Fax (619) 445-6336 City of National City, California COUNCIL AGENDA STATEMENT 05/21/96 3 MEETING DATE AGENDA ITEM NO (JTEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH FIRE PREVENTION SERVICES, INC. PREPARED BY Patricia Pittman Fire Marshal EXPLANATION, DEPARTMENT Fire The one bid received for the contract for weed abatement and rubbish removal was opened in the Fire Marshal's office on April 3, 1996 at 2:00 p.m., with the results documented on the attached bid spread sheet. Insurance and Workers' Compensation requirements have been reviewed and approved by the Risk Manager. Award to the low conforming bidder, Fire Prevention Services, Inc., is recommended. y Environmental Review X N/A financial Statement Work accomplished will be charged to the Fire Operations Budget with reimbursement to the budget by billings to property owners' for whom the work is accomplished. 001-412-125-276 Account No STAFF RECOMMENDATION Authorize the Mayor to execute the agreient with the low conforming bidder, Fire Prevention Services, Inc. andy Ki,fbl ' Fir - Chief BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 96-62 1. Weed Abatement and Rubbish Removal Contract. 2. Weed Abatement and Rubbish Removal Bid Spread Sheet. 3. Resolution. 4. Insurance and Workers' Compensation documents. A-200 (Re.. 1/10) 079‘--7 RESOLUTION NO. 9 6 -6 2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING FIRE PREVENTION SERVICES, INC. TO BE THE LOWEST RESPONSIVE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH FIRE PREVENTION SERVICES, INC. FOR WEED ABATEMENT AND RUBBISH REMOVAL WHEREAS, the Fire Marshal of the City of National City did in open session, on April 3, 1996, publicly open, examine and declare all sealed bids for weed abatement and rubbish removal in National City. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of National City hereby awards the contract for weed abatement and rubbish removal in National City to the lowest responsive bidder, to wit: FIRE PREVENTION SERVICES, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City, California that the Mayor is hereby authorized to execute on behalf of the City, a contract between Fire Prevention Services, Inc. and the City of National City to provide for weed abatement and rubbish removal in National City. PASSED and ADOPTED this 21 st day of May, 1996. ATTEST: • CL Lo Anne Peoples, City Clerk APPROVED AS TO FORM: Z George H. Eiser, III City Attorney O GE H. WATERS MAYOR AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND FIRE PREVENTION SERVICES, INC. THIS AGREEMENT is entered into this 21st day of May • 1996 , by and between the CITY OF NATIONAL CITY, a municipal corporation (the "City"), and FIRE PREVENTION SERVICES, INC. , (the "CONTRA- CTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to perform weed abatement and rubbish removal services in the City of National City. WHEREAS, the CITY has determined that the CONTRACTOR is a weed abatement and rubbish removal contractor 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 professional services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. NIS 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit A to attend public hearings at which the City Council considers objections from citizens who object to payment of the amounts assessed by the CITY for weed abatement or rubbish hauling. 3. PROJECT COORDINATION AND SUPERVISION. The Fire Marshal hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. KEN OSBOURN. PRESIDENT hereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. Payment will be made by the CITY upon receipt of billing (at a time convenient to the CONTRACTOR, but not more often than twice monthly). Billing will consist of a bill citing each parcel, the work authorization number, the date work satisfactorily completed, and the amount owing for each parcel and the total amount owed. The Work Authorizations (or copies) will accompany the bill and will serve as backup for the bill, as will the "before" and "after" photos taken by the CONTRACTOR, 2 TOR from employing or hiring as many employees as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. 7. 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, it 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. 8. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all State and Federal statutes and regulations, and all ordinances, rules and regulations of the City of National City whether now in force or subsequently enacted. The CONTRACTOR, and its subcontractors, shall obtain a current City of National City business license prior to performing any work within the City. 9. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to 4 Nal against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 12. JNSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain throughout the term of this agreement, the following insurance policies: a. Automobile insurance covering all bodily injury and property damage incurred, during the performance of this Agreement, with a minimum coverage of $500,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. b. Comprehensive general liability insurance, with minimum limits of $500,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. c. Workers' compensation insurance covering all of its employ- ees and volunteers. d. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies 6 additional services, nor from performing similar services for other agencies, cities, districts or public or private entities. 14. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including actual attorneys' fees. 15. JVIEDIATION/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 8 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 CITY: Tom G. McCabe City Manager City of National City 1243 National City Boulevard National City, CA 91950 To CONTRACTOR: )FN OSROURDIr. PRESIDENT FIRE PREVENTION SERVICES, INC. P.O. BOX 2012 ALPINE, CA 91903-2012 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" 10 f. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. g. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. h. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. i. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. k. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each 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 12 SCOPE OF CONTRACT Work under this contract will include hand -cutting or machine - cutting of weeds to a height of two (2) inches, removing debris so generated and hauling it to an appropriate landfill; and removal of rubbish either by hand or by equipment, loading it and hauling it to an appropriate landfill. The work will be accomplished primarily on private property, but some may be on public property. It is the intent of the City to assign all weed abatement and rubbish cleanup required to be done on private property to this Contractor. Wherever practical, mowing is the preferred method of weed abatement. Areas designated will be completely mowed including easements, setbacks and parkways, to a length of two inches maximum. "Scalping" of the ground is to be avoided. Mechanized mowing should be used where areas and contours permit. Some hand -mowing will be required in these areas. Other areas because of their size or contour or other conditions, will require hand - mowing. All debris generated by mowing and all litter is to be removed and the premises, including streets and sidewalks, left in clean condition. Debris and litter so generated will be hauled to an appropriate landfill in suitable containers or equipment. Where the primary work is rubbish removal, all rubbish designated by the City is to be removed from the premises and hauled to an appropriate landfill in suitable equipment or containers. It should be noted that while the bid quantity is truckloads (5 cu. yds.) as a method to estimate the quantity of material to be moved, the Contractor may use any legal method of hauling. NO SCAVENGING OF RUBBISH WILL BE PERMITTED. Payment for rubbish removal will include leaving the premises, including streets and sidewalks, in clean condition. Field work shall not start before 7:30 A.M. Work may be accomplished on Saturday and Sunday only by arrangement with the City and by payment to the City of sufficient funds to offset compensation to inspection personnel at overtime rates. Appropriate safety equipment shall be available and used at all times. WORK AUTHORIZATION For each parcel to be mowed, a square footage figure will be provided by the city. Upon agreement between the City and the Contractor as to the application of bid amounts and as to the total cost of abatement of the parcel, authorization will be given to accomplish. EXHIBIT "A" PUBLIC HEARING Citizens who object to payment of the amounts assessed by the City for weed abatement or rubbish hauling, for any reason, are entitled to a public hearing before the City Council. The Contractor WILL BE REQUIRED TO BE PRESENT AT THIS PUBLIC HEARING to address any questions pertaining to his work. PAYMENT Payment will be made by the City upon receipt of billing (at a time convenient to the Contractor, but not more often than twice monthly). Billing will consist of a bill citing each parcel, the work authorization number, the date work satisfactorily completed, and the amount owing for each parcel and the total amount owed. The Work Authorizations (or copies) will accompany the bill and will serve as backup for the bill, as will the "before" and "after" photos taken by the Contractor, and the dump receipts. Contractor shall submit his billing along with all required documents and photos WITHIN TWO (2) WEEKS OF ABATEMENT WORK. B I D MOWING, including raking, loading and hauling, and cleanup. (DUMPING FEES ARE REIMBURSABLE) $ +O5) PER SQ. FT. rd RUBBISH REMOVAL, including $ IAZ.06 PER DQ•.FTc loading, hauling and cleanup. `', OTHER, for price adjustment for $ a�ai,W PER MAN DAY The undersigned hereby agrees to accomplish the work described above under the conditions described above for the price as bid above. (This document must be signed by an officer of the Company to be a conformingb d). NAME COMPANY NAME V- DATE ***************************************************************** The above bid is accepted as the low conforming bid and the work is hereby awarded to 2rALALv /,1 Authorized Signature Position CITY OF NATIONAL CITY 6-:.4I-- 96 Date Passed and adopted by the Council of the City of National City, California, on .September 22, 1998, by the following vote, to -wit: Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Zarate, Waters. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS 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. 98-120 of the City of National City, California, passed and adopted by the Council of said City on September 22, 1998. 4-_,;rej Jerk of the City o City fational City, California vairf RESOLUTION NO, 98-120 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING FIRE PREVENTION SERVICES, INC. THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE AN AGREEMENT FOR WEED ABATEMENT SERVICES WHEREAS, the Purchasing Agent of the City of National City did in open session on September 10, 1998, publicly open, examine and declare all sealed proposals or bids for Weed Abatement Services. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of National City hereby rejects all of said bids except that herein mentioned, and hereby awards the contract for weed abatement services to the lowest responsive, responsible bidder, to wit: FIRE PREVENTION SERVICES BE IT FURTHER RESOLVED by the City Council of the City of National City, Califomia, that the Purchasing Agent is hereby authorized to execute on behalf of the City, a Purchase Order between Fire Prevention Services, Inc. and the City of National City to effect this purchase. PASSED and ADOPTED this 22nd day of September 1998. George H. Wafers, Mayor ATTEST: Michael R. Dalla, G(ty Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney RECEIVED BY National City Fire Dept' SEp30'1998 Ate 71819110111112111213141516 TO: City . f National City Fire Department 333 E. 16th St., National City, CA 91950-4596 a Phone: (619) 336-4274 NOTICE TO ABATE PUBLIC NUISANCE REGARDING: Property Address: Parcel Number: SUBJECT: Public Nuisance Consisting Of: DATE: FiLE NO: NOTE: IF YOU DO NOT OWN THIS PROPERTY, PLEASE CALL 338-4274 SO WE CAN CORRECT OUR RECORDS. Now You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, no later than • Your failure to comply with this order could result in the City having your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36). A $485.00 administrative fee will be charged in addition to the contractor's costs to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors." Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which Is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to tho property line, whichever Is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) feet from such building or structure, Cuttings to be removed from the property and disposed of properly. Vegetation to be cut within two (2) Inches off the ground. "NOTICE REGARDING RARE, THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure by affected landowners to provide notification may render you liable under Federal or State law. National City Municipal Code 9.12.010 Public Nuisance Declared --In General Any of the following conditions are hereby declared to constitute a public nuisance: A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous accumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings or any highly flammable materials which are so situated as to endanger life or property; or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of the occupants of such building or premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or finds that any provision of the Uniform Fire Code is being violated. B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which In his/her judgement increases or may cause an increase of the hazard or menace of fire to a greeter degree than that customarily recognized as normal by persons in the public service regularly engaged In preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National City Municipal Code 9.12.020 Public Nuisance Declared --Weeds end Other Flammable Materiels All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For purposes of this chapter, "weeds" shall iclude the following: �rrA. Weeds which bear seeds of a downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. C. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison Ivy when the conditions of growth are such as to constitute a menace to the public health. E. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard In a portion of the City which has been zoned for single and multiple residence purposes. National City Municipal Code 1.38.101 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this Code, and/or any condition caused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable or free use of property In a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in Ca:ilarnis Civi! Code Section 3479, fdattonel City Municipal Code 1.38.080 Abatement--Appeal--Hearing Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or promises affected may appeal to the City Council. Such appeal shall be in writing and shall ba filed with the City Clerk. If you have any questions, contact the National City Fire Department at 336-4274. Sincerely, • Any abatement requiring City permits shall be obtained prior to any work being done. `.- Randy Kimble, Fire Chief • • You have the right to appeal this matter to the City/Council within 10 days of the receipt of this notice. The appeal shall be in writing and filed with the City Clerk. (NCMC 1.38.050) Revision: 07/97 by Donald Condon, Battalion Chief • • * "THIS NOTICE HAS BEEN MAILED TO YOU BY CERTIFIED MAIL AND FIRST-CLASS MAIL. RECEIPT OF EITHER CONSTITUTES SERVICE OF NOTICE". RESOLUTION NO. 16,229 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING E & J WEED ABATEMENT CO. THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH E & J WEED ABATEMENT CO. WHEREAS, the Fire Marshal of the City of National City did on April 11, 1990, publicly open, and examine and declare all sealed proposals or bids for Weed Abatement and Rubbish Removal in National City. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of National City hereby rejects all of said bids except that herein mentioned, and hereby awards the contract for Weed Abatement and Rubbish Removal in National City to the lowest responsible bidder, to wit: E & J WEED ABATEMENT CO. BE IT FURTHER RESOLVED by the City Council of the City of National City, California, that the City Manager is hereby authorized to execute on behalf of the City, a contract between E & J Weed Abatement Co. and the City of National City to provide for Weed Abatement and Rubbish Removal in National City. PASSED and ADOPTED this 24th day of April, 1990. George H. Waters, Mayor ATTEST: 6-A.L (ham t c6�2 Lor' Anne Peoples, City Clerk APPROVED AS TO FORM: vJ George H. Eiser, City Attorney MA y 2 0 1990. Passed and adopted by the Council of the City of National City, California, on 4/24/90 by the following vote, to -wit: Ayes: Councilmen Dallas Inzunzaa Pruitt,, Van Deventer., Waters 1T..-... icth B I D MOWING, including raking, loading and hauling and cleanup. (DUMPING FEES ARE REIMBURSABLE) RUBBISH REMOVAL, including loading, hauling and cleanup. (DUMPING FEES ARE REIMBURSABLE) OTHER, for price adjustment for difficult work as described. The undersigned hereby agrees to accomplish the work described above under the conditions described above for the price as bid above. (This document must be signed by an officer of the Company to be a conforming bid.) NAME LAIEii 0 41" A /�r �i; ..f— C:e COMPANY NAME -l..s- DATE NMI $ .Q'S PER SQUARE FOOT $ 1k5.010 PER TRUCKLOAD (5 CU. YD.) $1=4D PER MAN DAY The above bid is accepted as the low conforming bid and the work is hereby awarded to AuthorizedSignature ion CITY OF NATIONAL CITY ttel ,1573 City of National City, California COUNCIL AGENDA STATEMENT ,sNEETING DATE July 7, 2009 AGENDA ITEM NO. 14 ITEM TITLE TEMPORARY USE PERMIT —Request from the T-shirt Mart to have a 15.2'x10' inflatable T-shirt balloon at 1502 Highland Avenue to be display only on Fridays, Saturdays, and Sundays from July 15, 2009 to January 15, 2010, with no waiver of fees. PREPARED BY EXPLANATION Vianey Rolon, 336-4364 DEPARTMENT Neighborhood Services Division This is a request from T-shirt Mart located at 1502 Highland Avenue to have a 15.2'x10' balloon on Fridays, Saturdays, and Sundays for a period of six months starting July 15, 2009. The balloon is for promotional services only and it reads "T-SHIRTS, 5 FOR $10, OPEN 7 DAYS". L/gv JZ00 Environmental Review X N/A Financial Statement The City has incurred $237.00 for processing the TUP through various City departments. Total fees are $237.00. Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 7 Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) Type of Event: Public Concert _ Parade Motion Picture Event Title: _ Fair Festival Dernonstration Circus _ Grand Opening -.1( Other__ Actual Event Hours: 9 3o III-F t4 b L ¶ Event Location: LSoa l i Q _, I'-' 0 Avg_ sr i.› L`( uS Jasiol-e- 15 Event Date(s): From 1- 09 to Total Anticipated Attendance: Month/Day/Year (__ _ _Participants) (.______Spectators) Community Event Block Party (JO✓1 pm toam(pm ) Setup/assembly/construction Date: 1-'I$-oq Start time: 1 :3 0_ Please describe the scope of your setup/assembly work (specific details): _J:i ai imps e N `raP e O OP r114 fg MitItt Dismantle Date: Completion Time: am/pm 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. Nor4 Sponsoring Organization: T d 1+ iT TT)1 R T For Profit Not -for -Profit Chief Officer of Organization (Name) /kt Jmo P k Applicant (Name): HO KL/K0 ,PpAIC / Jr?Q S_i Address: ISO-- U u,Nl n.(/ Daytime Phone: (r;jr)8Sb ''(S / / Evening Phone:(_),_._._ Fax: Contact Person "on site" day of the event: L- 2H/.stao ) `30a/ ____ _ ti U Pager/Cellular( y1$S0- L/ / 02 Q5.l.0 3 es NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATIO4 OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 16ebb,A @ ( r .y Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): _ YES NO YES X NO Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. CA OSiD +0 Her° Alva l4T twit STo4E-_ kl ,( - /N CL9'rE 0 0 - 1) n of AT i l3O 41,1 a.ui fj ci FLA4Te AT 8:at Pm F1(1 5r4-1 - . 3 T, igs (3 -e 141"-T c,f} M 1 /Q T) He e A (1 aoni mk,Arsua t r 0741N/ Ae_4-wveaej /s. Zo >< /0 YESJ NO If the event involves the sale of cars, will the cars come exclusively from National City card! If NO, list any additional dealers involved in the sale: A 2 YES x NO Does the event involve the sale or use of alcoholic beverages? )S YES • NO Will items or services be sold at the event? If yes, please describe: _ YESNNO 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 'X NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES XN0 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): N A - 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 Y 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: AU F YES 1°i0 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): 1\-1 F 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: I4e in 1 aft s Toll °e 140Je s Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: US0 £xt�►�tAJ� T Please describe your plan for DISABLED PARKING: 4 Not ,IM41, 4r. £� ii a fA'w%: 14 '�'p.�•`fg4T-I +.+-�+t i t';f! i '7i, �t' 1 •A u t 1;..•., r+.: fit,rtr- '� r:t. j Mi�ti f{ N;.: i;iKt`r1i� t F�... ., N#ia. «.�..< .%j•Li,...J .............. A. l..[.au etH�l Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. ES /NO tr- M1i ri ralto 4 ,i .,.. ..,. . .. kv� 4� i r s• �.yi��:. f ia1.M r+.p.t. ► w�, gjed.U1t+,tf' P.v`.l..f• Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: Number of Bands: _ YES _ _ NO 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 equiprnent that will be used for your event: YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: 4 NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 5 Event: for Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Budding & 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 7- S N t(T 1)1 Person in Charge of Activity /41# k! f M1 Pb2 IC. Abb67 ",'e- Address 1 SO i91) Telephone C1q-- 8Sa- uSyS Date(s) of Use 7 - is- -Zoo? 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. J Sign ur f Applicant Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 REQUEST FOR WAIVER OF FE S Non-profit organizations, which meet the criteria on pag of the instructions, will be considered for a waiver. If you would like to reque a waiver of the processing fees, please complete the questionnaire • low. 1. Is the event for which the TUP is sough sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form a • submit it with the TUP Application) 2. Please state the name and ty.e of organization sponsoring the event for which the TUP is sough and then proceed to Question 3. Name of the sponsoring • ganization Type of Organization (Service Club, Church, Social S .ce Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Pleas sign the form and submit it with the TUP Applation) 4. Will the proc eds provide a direct financial benefit to an individual who reside in or is employed in the city, and who is in dire financial need due t• health reasons or a death in the family? Yes Please provide an explanation and details. (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Ye (Please provide an explanation and details. o P 'To t}GB, $11-S r.A3 .5 kr-lI-S f t5nrs ivlo a TA-?( No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? NO Yes (Please provide an explanation and details. X. 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: 1 No (P lease sign the form and submit it with the TUP Application) Signature Date 9 -"010°. CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: T-shirt Mart EVENT: Inflatable T-shirt DATE OF EVENT: July 15, 2009 to January 15, 2009 TIME OF EVENT: evenings on Friday, Saturday, and Sunday only APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] BUILDING YES [ x ] NO [ ] SEE CONDITIONS [ x J CONDITIONS OF APPROVAL: RISK MANAGER (619) 336-4370 I've reviewed the application for the proposed use and note that the event will be held entirely on private property. The placement of the balloon does not seem hazardous to either pedestrian or vehicular traffic. There is no mention of the method of attachment and I would hope that it is secure from the elements and vandalism as its detachment could create a potential hazard. Otherwise, there does not appear to be any liability exposure on the part of the City so I have no objection to the application. I would suggest that an ending date for the use be specified, not to exceed 6 months PLANNING (619) 336-43103 The Planning Division has reviewed the Temporary Use Permit application for an inflatable rooftop sign at an existing business (T-Shirt Mart) located at 1502 Highland Avenue (APN 560-131-30). Planning Division recommends the TUP time frame be limited to 35 days. This limit is consistent with Code Section 18.62.090 G that allows for inflatable signs 30 days prior to and 5 days after an event. Thank you. PUBLIC WORKS Public Works Department staff has reviewed the application for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below: Street Division No involvement Parks Division No involvement Facilities Division No involvement Thank you for the opportunity to comment on this TUP. Please let me know if you need any other information. BUILDING (619) 336-4214 Building does not have any comments for the inflatable T-shirt balloon at 1502 llighland Avenue. City of National City, California COUNCIL AGENDA STATEMENT "'MEETING DATE July 7, 2009 AGENDA ITEM NO. 15 ITEM TITLE TEMPORARY USE PERMIT — National City & Eugene Amano Football Camp at El Toyon Field on July 18, 2009 from 9 a.m. to 2 p.m sponsored by the City of National City Community Services Department and the Eugene Amano Foundation with waiver of fees. PREPARED BY DEPARTMENT Vianey Rolon, 336-4364 Neighborhood Services Division EXPLANATION This is a request from the City of National City Community Services Department to conduct the Eugene Amano Football Camp at El Toyon field on July 18, 2009 from 9 am to 2 pm. This event is a partnership between the City of National City, Sweetwater High, and the Fred Amano Foundation to provide a free one -day football clinic for National City's youth. This event will include football drills, techniques as well as an education component to encourage youth to continue their education. The clinic will also include free t-shirts, food and drinks for all participants. Clean up for this event will be performed by the volunteers. Security will be provided by the volunteers from the Fred Amano Foundation, NFL players, City staff, and the Sweetwater football coach. Environmental Review X N/A Financial Statement The City has incurred $237 for processing the TUP through various City departments. Total fees are $237.00 Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) Type of Event: Public Concert Parade _ Motion Picture Event Title: Event Location: `� I•qn w� "y, lw Fair Grapd _ Demonstration _ Festival _ Community Event _ Circus �,,� Block Party Other Fw l l3E}u, (i 1)1 r C{Cne. �YYIAVtb 0(�'0r�I� Cp � EL To*N Fit:a)i Event Date(s): From —1 (t9/b'ko 7 ` I /O Total Anticipated Attendance: 360 Mddnth/Day/Year ( Participants) QI ( Spectators) Actual Event Hours: l 0/pm to 2 Setup/assembly/construction Date: amG Start time: q Q ryi Please describe the cope of your setup/assembly work (specific details): 1 A ( i Rti IC 0-1"4-0 e IAA 0 - acy I) il, \94,0V) Cows ie7t7 Disman le Date: 711 L)'J Completion Time: IQ am/pg' List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closin and day and time of reopening. Sponsoring Organization: Chief Officer of Organization (Name) Applicant (Name,. Address: L7 0�%�'1� 7 0-E4enin Phone: Daytime Phone: (0'13� �� -g ( ) �alt-yit-Q Fax: (___) C4---&s For Profit V Nnf_fnr-Profit Contact Person "on site" day of the event: Pager/Cellular: OH 99-1 - `237. NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): YES / NO YES ./ NO Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ 0 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. Py-nuaho -Nnilil-hivd-1-) �iv1U C&�{ �()oe 6dg am-orNa ulai)Q' -Rextt i l t cAC!U t -Q --C6iittoeM d 4I L v 466/101%4A fits V a S awn Cd u.cYv'k, 8tivnpoitod,-tG PJVCu, Co(6\ryt--fs,u2CL -\A4 dAm v\flutiU avvi AriM- -6( 100 _ 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: n�� 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 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 7-NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES /NO 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: 0 (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: \! 1AWA v\Ak (CrA � �- tvivd r r i - kvilAY) 3 Please describe your procedures for bo h Crowd Control and Internal Security: �w\1i \\L \A.1An=w fi\ ir-o)ACM/1)6 - u 4CM, 'on pto-L cclad VU inn •vv GrovSd timiY6 1 5� YES(NO Haveyou hire anyProfessional Securityorganization to handle � _ 9 ecurity 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 whatarrangLemment you Dhav� made�for providiinna}eFirpst Aid ffiln� a d Equi pent..1100 iM l�.r sty u Please describe your Accessibility Plan for access t your event, by individuals with disabilities: Please provide a detailed description of your PARKING pl n: a -PAW) 'ChPiL2 LP/l.Q 'W30 a-s (ve-U2 pis rya Ple se describe your plan for DISABLEDrj A/R�K,I 1t,�-.a 1 A (l ,lam^ P 12 `)6k- VM • 4 S`hic_e;t ()co . (i-/Ka• Please describe your plans to notify all residents, businesses and churches impacted by the wl l t ac +hu. l Oc event: Vtdi E (. h u dA0/3 NOTE: Neighborhood iesiiients must be notified 72 hours in advance when events are scheduled in the City parks. _ YES - NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: YES /NO Will sound amplification be used? If YES, please indicate: Number of Bands: 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 /NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: / YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 ''(Vla-c vJ\Ui/ �yC Sl nS D� VANICrS fid�l dllr�n� fiSN-2, 5 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? V/ . 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 spons ring organi!zion 0 Uti u-ej Ct(21 LI « meo �/ 1 ✓] Type of Organization 3-24RA a G6_t_b (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) (� 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) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature Date 9 CITY OF' NATIONAL CITY NEIGBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: City of National City's Community Services EVENT: Eugene Amano Football Camp DATE OF EVENT: July 18, 2009 TIME OF EVENT: 9 a.m. to 2 p.m. APPROVALS: PLANNING RISK MANAGER BUILDING ENGINEERING PUBLIC WORKS FINANCE FIRE COMMUNITY SERVICES POLICE CITY ATTORNEY YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x I NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS CONDITIONS OF APPROVAL: RISK MANAGER (619) 336-4370 I've reviewed the application for the proposed use and note that the event will be held on City property at El Toyon Field and the surrounding park area from 9am to 6 pm to accommodate set up and clean up. Although only 300 persons arc anticipated, City and Sweetwater I -IS staff must be vigilant to avoid any injuries due to over -enthusiastic participants. Because this is a sanctioned City -sponsored event, via Community Services, no separate insurance is required. The TUP application was silent as to some of the details of the event, so I followed up with Kaseem. Participants will be between the ages of 12-17 years old and must sign waivers to play. They will not be in pads, nor will they be tackling each other. Approximately 20 staff will supervise, including 2 FT City employees, individuals from Sweetwater HS and friends/associates of Eugene Amano. In light of the additional information, I have no objection to the event as proposed. Let me know if you have any questions. PUBLIC WORKS Public Works Department staff has reviewed the application for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below: Street Division No involvement Parks Division No involvement Facilities Division No involvement Thank you for the opportunity to comment on this TUP. Please let me know if you need any other information. PLANNING The Planning Division has completed its review of the Temporary Use Permit application for the City of National City Eugene Amano Football Camp located at El Toyon Park. 1. Event functions should be located away from the residences located on 4th Street adjacent to the park as much as possible. Thank you. BUILDING Building does not have any comments for the Amano Football Camp at El Toyon Field. City of National City, California COUNCIL AGENDA STATEMENT N....-MEETING DATE July 7, 2009 AGENDA ITEM NO. 16 ITEM TITLE TEMPORARY USE PERMIT — National City Automobile Heritage Show on August 2, 200 at Kimball Park from 8 a.m. to 4 p.m. sponsored by the National City Chamber of Commerce. This is a National City Co -Sponsored event eligible for a $1,500 fee waiver. PREPARED BY Vianey Rolon, 336-4364 DEPARTMENT Neighborhood Services Division EXPLANATION This is a request from the National City Chamber of Commerce to conduct the National City Automobile Heritage Show event at Kimball Park on August 2, 2009 from 8 a.m. to 4 p.m. This event will celebrate National City's automotive history. The Parade of Vintage Cars will form at Cleveland Avenue and 20th Street at 6:00 a.m. Led by San Diego patrol for traffic control, with the assistance from the National City Police Department„ the cars will drive down the Mile of Cars and past some historic homes, ending at Kimball Park at 10:00 a.m. There will also be food vendors, live international entertainment, games and local vendor booths. The Chamber is requesting to use the City's P.A. system and stage. The event and sponsoring organization meet the criteria in the City Council Policy No. 804 for a waiver of fees up to the amount of $1,500.00. This event is a City co -sponsored event. k/3v/v' ti Environmental Review X N/A Approved By: Finance Director Financial Statement t ne City nas incurred $237.00 for processing the "I'UP through various City departments, plus $200.00 for the Fire Permit, $1,000 for the Police Department, and $1,383.20 for Public Works fees. The Co -Sponsored fee waiver is $1,500. Total fees are $1,320.02. Account No. STAFF RECOMMENDATION None. BOARD I COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) Type of Event: ✓ Public Concert ✓Parade Motion Picture Fair Demonstration l 4 : Y♦ A •• a Festival Circus _ Grand Opening ✓ Othercaa ,nI o�•1 ✓ Community Event Block Party Event Title: 401.0 sect 1.1.11�€. DA-I c 4A_ S tict,J Ago PA/LAO Event Location: i. g/ Lt ?Nix. Event Date(s): From .1210 q to e/ /oq Total Anticipated Attendance: 'I 000 MonU✓Daylvea(25O Participants) r / I' (3,r/50Spectators) Actual Event Hours: 0 pm to L( `am/� Setup/assembly/construction Date: g 1210 i Start time: , - 30 A re) Please describe the scope of your setup/assembly work (specific details): get--'p pa,,, de rote, ,4+ k; mball P.g-ki set ..P ✓!r►dor booths) b4rbeq� �J y e P,•f'1 trash CanS, CA,a..,bor hood, Qn4i ta,ir on f Sio jei Str4P1.n f Dismantle Date: 8 2 O Completion Time: am() 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. PAa-Ao E b.) u -i (3 in/ on1 Cleveland A z -I-o /t/a kona% G ily Al..c1. allonc! ti,le of Cars, Sc'D,e30 PA+ro! ,,- /1 Cori--rol •f"ra-C-Pd.G wi}h ass ,Sh rye fa,n toafi'onui/ C,{za— Po/ ice iepci,-14,7L r_II r•- Sponsoring Organization: -rvw NATloeJA` c. (*Y c. W4P(16,ER. a F COMA cittPor Profit ✓ Not -for -Profit Chief Officer of Organization (Name) sn cio F u,.•,e L. rZ£ YN o c Applicant (Name): SA c one t,,, F L 1Oss a Address: to( NR1"-vanr4L cLTy aL-Jo., NCB (.1 9%IS0 Daytime Phone: (toe') 443-4331 Evening Phone: (fo(5) 810- ((.C4 Fax: (&/4) /77 - V/ e Contact Person "on site" day of the event: 3-A(*vc N0-Lyn/es o Pager $y o - ro 6 t`{ NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS • u,iarr_n�4aa.- •,'•rnr.a;�ia�. .. .. .4t" �a Y s .R {.1i � `I Is your organization a "Tax Exempt, nonprofit" organization? ✓ YES _ NO Are admission, entry, vendor or participant fees required? J YES _ NO If YES, please explain the purpose and provide amount(s): COST oI- I RE61111-ATUN AN/ (LEwr7Al. Ci S Coreh;P r"_ �G i wpgn 2S-0 � 7 SOON 0 II-- Cor Pkg;s+rafio•, feu are # zc per. ca-r $ ID) 50O Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 1�000 $ I , s-00 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. CLtnt w,r/ R+ IL; Mba.// Po- �n r¢ r i-a,'n . f--i ChAMb.r Conn e/`ce hoer li,7 ''J.-I-n-10134s) ii/ASSis C!if �isP1 V and ron-,pe f,7on, ru lee Soles an J d�a4vi� y�/j Ono/ J"r,.r Forrflon d+R+QP)C UU iodide Pa.ade -hot lads +0 a /Van/ .e/eme, & 64,1dinc�itdio non -Prosey i businas 060 %. Ca-r coMpe l-, y-,o�, a l: v,t •L✓anal 1;04 reflc4r-S) 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: 2 _ YES J 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: /,J0f t/I DU4 i 1XNOo2S tIJ t t_t- SF-Lt- A VAR 1Fr1/4f of E, ooDS . JYES ^ 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. 1 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 Y S: 1 Number of tent/canopies e�- 0 Sizes f X (0 i z,YI O ') • / q (10 Q) 1-.4n fs NOTE: A separate Fire Department permit is required for tents or canopies. YES ^ NO Will the event involve the use of th4ity stagOor A system9 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: garbecq a --/// to seep 4 Ff1sh1N_ ✓h;tdt Gn e,Lp&Lablt p��l�l1 ,,„of act.,parjad h1 rlltpk1;Li 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: 3 (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) * bbc Aestr 2lns a✓a,/ab/e. ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) Y Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers ➢ Other related event components not covered above Y 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.) r Number of trash cans: 30 Trash containers with lids: / `' `� e tO!(O • i , Describe your plan for clean-up and removal of waste and garbage during and after the event: Volunteer C/! ry w//--Ass s w evenf- C jtan-gyp arJ dilpase cr// f�(s{, in Lqp CL�CO P11S . Laic° Pq P°-c4 Cot pDfUt,O/1 G'.'I) 41 fras h a wa)/ 6 Pk r- t'he v-r, ..era .. ..a 'may a-• .7 .j,44• Please describe your procedures for both Crowd Control and Internal Security: Vutun f-4..ers 01aa(A San b� Gq a Pt+rgI w,JJ My ^,hir Pa^aolC r`o(.t Ili o Ch4,n6e St0 (And F CPj `'/! MOnlril`Seedrt! 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. F'r3 ,4 4 Li i 0-'4N be 01 )able o� -S, anal q+- 0n41 CI W PI) A.)040n4 C ' j Fi relieforFmen, co- call. Please describe your Accessibility Plan for access at your event by individuals with disabilities: 1/1/e11—r-o-4) S Q 4- J r 1.4 4, C t 45 r b l e, to %nd1.Vr al-s u.,ts, 01114,11 ,4(. '^ +! {n,•-r, 2i-e ^r � a,a .?.p .-ti..T iv `.4..- r .j a,r•n.fa Please provide a detailed description of your PARKING plan: ParK1 etvµiPO, iP 011 C.41 leX+S p^,it- Please describe your plan for DISABLED PARKING: lsabJed r o-rk.i' d<jil, ; tI- d �1 b/;U S fr. efs 4 C' _,.. L .,+•_L .�'� la•_L. f .� �.. :•.;•. ., .,! 'i , -r, .�`;._Ya t. Ott nt4� 4. .. +� t-.•. a. ;.,� �'`.•; .:•:3 v. n..� , .,• ,. ..a1.fiaa , ..r.:,t ra•-+�;,•. . . ;i wr4,1,06 �..-., ,y :y..` �G•• } . y,. • Please describe your plans to notify all residents, businesses and churches impacted by the event: t cUJT of atslot r'TS Atm,' i'14 10E - c P4(tc 4& o&rrggi%9 3%( 'tom E_ c t-r'( op N C q" Ty, E y RIC co►.rc►cTEO kit A _Ai A I L ett30 yr 'wt- 'E X 4 q.NO No tSC- Ls.vEl--. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. . S YS ..R. A • 4si'{ JYES 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: 1 Number of Bands: Type of Music: Ci ass se por-k, 4_ YES _ NO Will sound amplification be used? If YES, please indicate: Start time: 10 am m Finish Time ame YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 6pm Finish Time Jv /pm Please describe the sound equipment that will be used for your event: 7Crd as-1 • ys A— YES ‘/NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: ✓ YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 (.Qtwor Sponsor Sjc' icje? Ut tt/4>iQCl e _ J ro�Uh cvt a -re J. SifPj_ 5 Event: For Office Use Only 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 1\, a Vi anal Ci + CA&,Y,key- Iry C.,06-10“,y-ce_ Person in Charge of Activity \) c 9, iA 11`►\ f (t. J 1` bS 0 Address qi0/ NA-Hon611 � t1 1 vcd C} CAS ° Iols1) Telephone C(0161) 0 40(011 Date(s) of Use )21 .0 "! 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. Signature off Tom. t V'r-e t,;(4ori- C 0 Official Title Dateq For Office Use Only Certificate of Insurance Approved Date 7 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 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 TIDE Nlkr o N AL- C rt y (1k Arn$E& o- COMME(LCE (NGCC Type of Organization sot,Ak_ sEetu LE , t3 j ,,, s5 Ntwclz%cINb (Service Club, Church, Social Service Agency, etc.) E C on O lr i c D.etie )3. Will 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? Yes (Please provide an explanation and details. ✓ No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. ✓ No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? ✓ Yes (Please provide an explanation and details. yt s 1 pfLocseb s w:II 3F DEP O. I O QAck 'to Tr4— At1ro N e 1 fl (.JA Y f A0. S1-tc i ,4 0 PArt--AD `E F'R ,•+t Fo 11a..,+, �+ti yC-P9a_a nd1 it.' I! Co„er e,,e rek,fed 'e/pence. . 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: No (P lease sign the form and submit it with the TUP Application) SignaturDate 9 rvIAP NOT TO SCALE E. 8th St. W. 8th St. W. 14th St. W. 16th St. ti E. 16th St. A i ,_, y`,...4::,:11112 ',.'2,'"".:!,241111: •-,. . Kill ii 8 0 gi E. 24th St. ca = Mile of Cars Way 2 •- ' ' '- :-::'.. :.'11. 2 ''' ' .'i..''...-'.:''....-: 111111;."‘'f.-..': .2 13 A z 17d OlKeliV0d N W. 18th St.E 18th St. IC ty Noma .1 Iohn OE E. 8th st, E. Plaza Blvd. y ryt 1 . %. i aga Ld,tlr�vuix vw�s�3 /1��M WA* 5 110.911104 c-� n CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: National City Chamber of Commerce EVENT: National City Auto Heritage Day DATE OF EVENT: August 2, 2009 TIME OF EVENT: 8 a.m. — 4 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: POLICE DEPARTMENT The Auto Heritage Show and Parade has been scheduled for Sunday August 2" 2009, from 0800 hours to 1600 hours. Below is the response from the Police Department on the TUP for the "Auto Heritage Show and Parade." On June 22"d, 2009, I spoke with Mrs. Reynoso from the NC Chamber of Commerce and Chief Officer of the Sponsoring Organization regarding any changes in parade route and events at the parade and show from last year's event. Mrs. Reynoso stated the event was logistically the same. PARADE ROUTE CONCERNS In looking at the past two years (TUP) at the same event, the Police Department has had no involvement in the parade portion and Kimball Park portion of the event. Traditionally, the parade portion of the event has been handled by the San Diego Motor Patrol with no PD involvement. During the time of the parade there are 5 (five) officers scheduled for deployment within in the City. Without prior arrangement for additional resources, there is no guarantee in the event of a high volume of calls for services/emergency situations that officers will be available to assist in the parade route traffic control. KIMBALL PARK CONCERNS As for the show portion of the event at Kimball Park, under "Safety and Security," The application states Chamber Staff and NCPD will monitor security, additionally; no private security has been hired by the event coordinator. Again, during the time of the Kimball Park event, there are 5 (five) officers scheduled for deployment within in the City to handle calls for service. These officers are then supplemented by a few additional officers when the early "swing shift" squad deploys in the late after -noon. Without prior arrangement for additional resources, there is no guarantee in the event of a high volume of calls for service/emergency situations that officers will be available to assist in crowd control, for security patrols and/or emergency situations within the park. Volunteers such as "Reserve Officers," "Explorer Cadets" and "Senior Volunteers" can be deployed as supplemental security personnel with full-time, paid police officers and not meant to replace regular police officers, to do so, could give those in attendance of the event a false sense of security. The standard measure for deployment of officers is 1 officer per 1,000 people and as an "officer safety measure" the deployment of officers for officer safety is two officers (contact and cover). As for First Aid staffing and Equipment, the application demotes that, "First Aid kit will he available on -site and National City PD and national City Fire Department will be on -call." I believe there should be personnel on -site who are First Aid/CPR certified. RECOMMENDATIONS With the problems poised above, I will recommend that two police officers be assigned to work this event. As mentioned above, the event is scheduled for Sunday, August 2nd, 2009 from 0800 to 1600 hours. Both officers will need 'h hour before and 'A hour after the event for donning and doffing purposes, gathering necessary equipment, and travel to the site (9 hours x 2 officers = 18 hours on an overtime basis). The overtime rate shall be pursuant to current fee schedule rate and billing pursuant to City Council Policy 804. Attached is a cost estimate sheet for the event. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents, and volunteers as additional insureds, with amounts of coverage to he determined by the Risk Manager. FIRE (619) 336-4550 e.. 1) Stipulations required by the Fire Department for this event are as follows: 1) Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2) Fire Department access into and through the camp areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Fire I lydrants shall not be blocked or obstructed. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6) Provide a 2A:10BC fire extinguisher at stage. Extinguisher to be mounted in a visible location between 3%2`to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 7) All cooking booths or areas to have one 2A:10BC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. Extinguishers shall be mounted in conspicuous area inside tent or canopy. Please see attached example. 8) If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal. 9) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc. 10) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ten ($200.00) dollars. 1 1) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 12) If tents or canopies are used, 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 ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Canopies: Tents: 0-400sf- $0 401 - 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 0 —200 sf - $200.00 201 -- (+) sf - $400.00 13) First Aid will be provided by organization. 14) Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides. 15) Fire Department Fees can only be waived by City Council. RISK MANAGER (619) 336-4300 I reviewed the application for the proposed use and note that the event will be held on City property or City streets at Kimball Park, with the parade starting at Cleveland Ave. The logistics of the event appear reasonable and do not pose any unusual liability exposure, however there is no detail regarding the proposed street closures for the parade. I assume NCPD will address this aspect. The applicant sponsoring organization, National City Chamber of Commerce, has signed the Hold Harmless and Indemnification Agreement; however no evidence of insurance has been provided. For this event, we require a current insurance certificate for Commercial General Liability coverage with minimum limits of at least $1 million dollars per occurrence/$2 million dollars aggregate. Because vehicles will be driven on City property as part of the event (and potentially in the parade although no details are provided), we will also require evidence of Automobile Liability insurance, either from the sponsoring organization or the participating dealerships. Further, the City of National City, its elected officials, officers, employees and agents must be named as additional insureds on the CGL policy pursuant to a separate endorsement which needs to be provided, along with the certificate (accord form) prior to the event. Let me know if you will contact the sponsor regarding evidence of insurance coverage or if you would like me to do so. PUBLIC WORKS (619) 336-4580 Public Works Department staff has reviewed the application for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below: Street Division No involvement. Park Division • The cost to provide the standard stage and PA system is at a rate of time and one half overtime. • The organizers will provide their own gypsum to make the field. • Parks will provide the standard stage and PA system. a. 2 staff, 3 hours @ $46.58 per hour $ 279.48 b. Set up stage 4 hours minimum a) $92.15 $ 368.60 c. Breakdown stage 4 hours minimum @ $92.15 368.60 d. Total $1,016.68 Facilities Division Cost of labor for the electrician is 11 hours overtime at $33.32 per hour for a total of $366.52 Unless waived by the City Council, the applicant shall pay $1,383.20 for staff costs associated with this permit These costs were estimated as follows: Parks Division $ 1,016.68 Facilities Division $ 366.52 Acct # 105-442-000-102-0000 Acct #626-422-223-102-0000 Please let me know if you need any other information. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 7, 2008 AGENDA ITEM NO. 17 ITEM TITLE A request by the National City Chamber of Commerce for the use of 30 tables, 300 chair and City staff time for, transportation, setup and breakdown for their upcoming Bayfont Business Expo to be held on Thursday July 16, 2009 with a waiver of City fees in the amount of $1258.49. PREPARED BY Joe Smith, Director DEPARTMENT (Ext. 4587) Public Works EXPLANATION On Thursday July 16, 2009 the National City Chamber of Commerce will hold a Bayfront Business Expo at the Marina Gateway Plaza. Due to the scale of the event the Chamber has requested, from Public Works the use of 30 tables, 300 chairs and the services of Public Works staff to transport, setup and take down the tables and chairs for this special event. The Commerce has also requested the City of National City's support for this event as a contributing sponsor to offset the rental and service fees of $1258.49. In exchange the Chamber will insure for the City of National City branding on all of this event's marketing material including flyers, printed and radio media, and messages boards created for this event at the Marina Gateway facility. The Chamber will also provide booth space for National City to showcase development projects, services, business and employment opportunities. If they choose the Council may approve this sponsorship in accordance with City Council Policy # 803, Facility usage Guidelines. NIIIP'K.._ Environmental Review J N/A Financial Statement Approved By: Finance Director The National City Chamber of Commerce has requested the City's support as a contributing sponsor to offset the rental expenses and waive the fees of $1258.49. Account No. STAFF RECOMMENDATION To approve sponsorship of the Bayfont Business Expo and waive the fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. A-200 (9/99) City of National City, California COUNCIL AGENDA STATEMENT ,EETING DATE July 7, 2009 AGENDA ITEM NO. 18 ITEM TITLE Notice of Decision — Planning Commission Approval of a Conditional Use Permit for Conversion of a 17-Unit Condominium Building into a Residential Care Facility for the Elderly at 950 L Avenue. (Applicant: Darryl Clubb) (Case File 2009-09 CUP) PREPARED BY Martin Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The half -acre property is located on the west side of L Avenue and north of Plaza Boulevard in the General Commercial (CG) zone. The lot is developed with a four-story 17-unit condominium building, approved December 21, 2004 (S-2004-10 and CUP-2004-19). The 37.600 square -foot building is situated above a 39-space ground floor parking garage. The applicant is proposing to convert the 17 units into a Residential Care Facility for the Elderly, providing 82 beds for memory care, assisted living and independent living clients. Each of the 17 existing units will become a "pod", or collective unit, that will be altered to allow between three and seven beds, dining and living areas. One of the 17 pods will be reserved for recreational purposes. A communal dining area and kitchen will be located on the first floor for the memory care residents. The applicant is proposing to construct a 500-plus square -foot addition to the front of the building to house the administrative office area. The facility will he staffed 24 hours a day and offer daily activities, housekeeping, laundry facilities, medication management and use of a handicap -accessible van for transportation purposes. Planning Commission held a hearing on June 15, 2009, at which time Commissioners asked questions regarding facility operations, parking and City Department comments. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval. Environmental Review x N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION I �/ Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes: Flores, Reynolds, Pniitt, Alvarado, 13aca, Farias Absent: DeLaPaz ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution No. 14-2009 2. Location Map 3. Site Photos 4. Reduced plans A-200 (9/99) RESOLUTION NO. 14-2009 A RESOLUTION OF THE PLANNING COMMISSION OF THE CiTY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL, USE PERMIT FOR CONVERSION OF A 17-UNIT CONDOMINIUM BUILDING INTO A RESIDENTIAL CARE FACILITY FOR THE ELDERLY AT 950 L AVENUE. APPLICANT: I)ARRYL CLUBB. CASE FILE NO. 2009-09 CUP WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for conversion of a 17-unit condominium building into A Residential care facility for the elderly at 950 L Avenue at duly advertised public hearings held on June 15, 2009, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2009-09 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; 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 by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on June 15, 2009, support the following findings: That the site for the proposed Residential Care Facility for the Elderly is adequate in size and shape, since the structure in which the facility will be located is existing and was previously a residential use, and since the existing building with proposed interior and exterior improvements can accommodate the services necessary to serve 82 senior residents. The site has sufficient access to a major street that is adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the conversion of the use is expected to generate approximately 84 less average daily trips (ADT) than the previous multi -family use and since the property has adequate access to L Avenue, a collector street and Plaza Boulevard, an arterial street. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the residential building is existing and is located in an area developed with similar multi- family and commercial buildings. 1 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since 82 new senior living opportunities will be created when the ('ity's senior population is expected to increase in the coming years. 5. The site is located in close proximity to public transit that serves the San Diego region and the trolley stations at 8'1' Street and 24'h Street that will provide transit opportunities for the senior residents at the facility. 13E IT FLIRTI IER RESOLVED that the application for Conditional Ilse Permit is approved subject to the tollowing conditions: General I. This Conditional Use Permit authorizes a Residential Care Facility for the Elderly at 950 1. Avenue. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform to Exhibit A -Revised, Case tile no. 2009-09 CUP. dated 5/28/2009 2. This Conditional Use Permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.1 16.190 of the Municipal Code, and the facility will revert back to a multi -family residential development. 3. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Fonn within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording tees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. Building 4. Building plans shall indicate handicap accessible entryways and doors, as required by "Title 24, to the satisfaction of the Building Official. 5. Plans must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. Dire 6. The project is to be designed, developed and constructed in compliance with the 2007 edition of the California Fire Code (CFC.') and the 2007 edition of the National Fire Protection Association (NFPA) Standards as adopted by the City of National ('ity, including NFPA 13 and 24. 2 7. Fire sprinkler and fire alarm changes shall be directly submitted to the National City Fire Department. Three sets of plans along with required fees to be submitted directly to the National City Fire Department. 8. A "Fire Safety Evacuation Plan" (Chapter 4 CFC 2007) shall be submitted to the National City Fire Department prior to completion of the project. 9. During construction, project shall comply with the CFC 2007 Chapter 14 "Firesafety During Construction, Alteration Or Demolition Of A Building". 10. Approval for final sign -off shall be contingent upon final field inspection and compliance with all applicable codes and ordinances. Areas of work shall be open and available for entire viewing and inspection of all appliances and attachments. Planning 1 1. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall be consistent with plans approved as part of the original Tentative Subdivision Map (S-2004-10)and Conditional Use Permit (CUP-2004-19). 12. Vehicles used as part of facility activities (e.g., vans, buses) shall he stored on the subject property and shall not be parked on adjacent City streets. 13. The tandem space as shown on Conditional Use Permit plans shall be marked for the exclusive use of the van utilized by the facility. 14. The applicant shall submit a sign permit for all new exterior signage for review by the Planning Division prior to installation. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of June 15, 2009, by the following vote: AYES: Farias, Baca, Alvarado, Pruitt, Reynolds, Flores NAYS: ABSENT: DeLaPaz ABSTAIN: N cn E 8th St 830 832 0 W co 0 Zo _qt no EounOary 950 Ap1V• 1. Avenue s5s_5s 0.43 E 9th St F p�a2a g/ 1 1 1 1 1 1 904 RT 1 E 9th St _1 80 160 0 0 N w 0 993-1033 32 Poet 0 2009-09 CUP - 950 I, Avenue Senior Care Facility -• Site Photos Existing building (Plaza Village Condominiums) looking northwest Existing roof observation deck 5 Typical Living Room area Typical kitchen 6 Typical bedroom 7 61, Ub (5)- /11 •varr 4tCP • - I 1 7. j _ f.:0•Avi.A Art.t.A 1./.3741-0 ..3111.31-3 A MVPRCA! 93. •6.4, ,60 00 6O ;PP •S FIRST FLOOR-TERRAtE LEVEL / Lc:4.4 rt. _ HODS' T 1712‘• \. -1 3: 9!I' 4 7.5 2L:01! 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FLOOR- ACC•1111011t1I3 LAIOND YOKSIALMILMISALLIae LIMEMM •h•••• ••••-••• POD .11* 41.14 '0••" C4>' mmmom--fri-71 - •••• 1 444Fr.t Po/ d , t...P.AiN. FUNFLOok PL.A1•4 PoD E4ThF-00P- L) INEEAMTAPiL (ZA !MCA ,41 -• .5, 11111112.112 41.1 06.4011161121O 1p, rn vou.o.,.. ,11.6114 •O'Irs IT , 114.1.100E ,„;‘) :Au. • A rooms l• 0••••••••••190 •••••••••1 • • •••• eller/M01 2.,•• I•••• •••••••••••••••••••••• 000Miltl Imnn• x•Inta n •••0•AMMIL ••• UnlY memn0 Vatar I. 0-1. •n•In •••-•, uer-Mn•••••• kIVAAMLIL moos. .A.A.1 awry. Adm. •MIST • n %Ay., .;;,!‘ •••••••Mmix MOINCLIKO .....044.errurer • MAY.,114:41,1, •••• .4•111ILWASE11-411 P EA-4 • ,aa.•••••.‘, cowls mon (1.1b, 0114=1.111411 )4 • .4471M.M.400 ......0010.4.11M ••12 • .1115/1.10.Mun me MINN ICI •,..,...%,..4444.,at ant., e,...7:44...4,4rs,46 'f!) 40e FLOOR. PUONIIVItt ltOONO POD MI (Ili DOILY wrisv•••• • ow 10:101111LIJ 1.1.11%.1,0 1,j •• • ••••• -nin.2 • • :L. • n • •vstilY. C • IAN" Nk l,V14,1, ',LAMM) uategamte ;t:" • sr. Me ,aautam • 1.4 44 1 AA. ts;:. 4ust. ale • - . ISIEDIJIMM MUM. 40001.4 ROI < 7- " • V .•••••Cl W. 4.441. 341.11, ▪ 1.14.14 ••• ••••••••••••••••• 111,111010111 J. Z • r C) 0 4', 6 2 'IC g • 1"11 a 9 1 1 400 "s•ts • 2t COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California MEETING DATE: July 7 2009 AGENDA ITEM NO. Nirew 19 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $915,102.30 to the City of National City for the period of 05/27/09 through 06/02/09 PREPARED BY: Jeanette Ladrido, Finance Director EXPLANATION: DEPARTMENT Finance (619) 336-4331 Effective July 1, 2008, the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all ex- penditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests ap- proval of the reimbursement of CDC activity. Environmental Review N/A Financial Statement Approve the reimbursement of funds to the City of National City in the amount of $915,102.30 STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A TACHMENTS (Listed Below) Warrants for the period the period of 05/27/09 through 06/02/09 . NAL �8'8,7,; 111VCORPORATRD COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER # 49 6/2/2009 PAYEE 3-D ENTERPRISES BEST BEST & KRIEGER LLP CASA FAMILIAR CHRISTINE FORESTER CATALYST CORPORATE EXPRESS COUNTY OF SAN DIEGO DENNISON ASSOCIATES INC DIXIELINE BUILDERS DIXIELINE LUMBER CO. EQUIFAX INFORMATION SVCS GRAINGER HARRIS & ASSOCIATES LAW OFFICES OF DON DETISCH NAN MCKAY AND ASSOCIATES, INC. PRUDENTIAL OVERALL SUPPLY THE STAR NEWS VISTA PAINT WILLY'S ELECTRONIC SUPPLY ROX CORPORATION `►VHILLOCK CONTRACTING, INC. SECTION 8 SECTION 8 HAPS PAYMENTS PAYROI.I. Pay period Start Date 11 5/5/2009 DESCRIPTION RETENTION COMMUNITY YOUTH ATHLETIC CNTR NC APT,SITE VISIT & DRAW INSPECTION CONSULTANT SERVICES OFFICE SUPPLIES - CS VOLUNTARY ASSISTANCE PROGRAM GRANT EXTENSION FOR HUD GRANT SITE VISIT & DRAW INSPECTION GRAFF SUPPLIES CREDIT BACKGROUND CHECK FOR S8 HEALTHY HOMES CLEANING KITS DESIGN SERVICES MSI DEMO MISC MATTERS HOUSING REGULATIONS ON CD UNIFORMS - CS ADVERTISEMENT PAINTING SUPPLIES HEALTHY HOMES CLEANING KITS LEASE PAYMENT - APRIL 2009 PORTION OF RETENTION Start Date 5/27/2009 End Date 5/18/2009 End Date 6/2/2009 Check Date 5/27/2009 CHK NO DATE AMOUNT 227181 6/2/09 6,170.00 227182 6/2/09 36.50 227183 6/2/09 32,240.00 227184 6/2/09 13,737.50 227185 6/2/09 92.81 227186 6/2/09 3,355.80 227187 6/2/09 7,336.00 227188 6/2/09 66,118.73 227189 6/2/09 353.87 227190 6/2/09 50.88 227192 6/2/09 223.66 227193 6/2/09 310.00 227194 6/2/09 37.50 227195 6/2/09 224.00 227196 6/2/09 126.34 227197 6/2/09 154.35 227198 6/2/09 1,102.90 227199 6/2/09 34.56 227200 6/2/09 443.23 227349 6/2/09 22,300.65 A/P Total $ 154,449.28 678,371.89 82,281.13 GRAND TOTAL $ 915,102.30 IPCORPORATED� COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 49 6/2/2009 502 SECTION 8 FUND 505 HOME FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 699,812.95 22,290.53 107,615.40 85, 383.42 915,102.30 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California -`EETING DATE: July 7 2009 AGENDA ITEM NO. 20 / ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $91,306.91 to the City of National City for the period of 06/03/09 through 06/09/09 PREPARED BY: Jeanette Ladrid •� , DEPARTMENT Finance Finance Direct EXPLANATION: (619) 336-4331 Effective July 1, 2008, the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all ex- penditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests ap- proval of the reimbursement of CDC activity. Environmental Review N/A Financial Statement Approve the reimbursement of funds to the City of National City in the amount of $91,306.91 STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A ♦ TACHMENTS (Listed Below) Warrants for the period the period of 06/03/09 through 06/09/09 PAYEE BRG CONSULTING, INC CHRISTENSEN & SPATH LLP INTEGRITY CHARTER SCHOOL KLEINFELDER, INC. MICHAL PIASECKI CONSULTING NBS OPPER & VARCO SDG&E SOUTHEAST PUBLICATIONS USA STRADLING YOCCA CARLSON & WELLS FARGO BANK SECTION 8 SECTION 8 HAPS PAYMENTS IRTCORPOBATSD COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER # 50 6/9/2009 DESCRIPTION DOWNTOWN SPECIFIC PLAN 1441 HARDING ICS TECHNOLOGY ENHANCEMENT PROGRP MAY SERVICES 2009 CRYSTAL REPORTS UPDATES ENG SIGN OFF ON LMD REPORT WESTSIDE 921 A AVE 04/20 - 05/19/09 HARBOR GUIDE - PEIR 32 MARINA RDA GENERAL SERVICES CREDIT CARD EXP Start Date End Date 6/3/2009 6/9/2009 CHK NO 227351 227352 227356 227357 227358 227359 227360 227361 227362 227363 227364 DATE AMOUNT 6/9/09 13,994.06 6/9/09 1,570.00 6/9/09 40,000.00 6/9/09 17,190.28 6/9/09 1,575.00 6/9/09 552.20 6/9/09 696.00 6/9/09 135.62 6/9/09 449.00 6/9/09 1,644.50 6/9/09 434.15 AM Total $ 78,240.81 13,066.10 GRAND TOTAL $ 91,306.91 C IF tI R,i11 y w�F Nik I —�- �-- INCORPORATED COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 50 6/9/2009 502 SECTION 8 FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 13,066.10 40,000.00 36,670.81 1,570.00 91,306.91 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California MEETING DATE: July 7 2009 AGENDA ITEM NO. 21 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $245,842.61 to the City of National City for the period of 06/10/09 through 06/16/09 PREPARED BY: Jeanette Ladrido, Finance Director EXPLANATION: DEPARTMENT Finance (619) 336-4331 Effective July 1, 2008, the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all ex- penditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests ap- proval of the reimbursement of CDC activity. Environmental Review N/A Financial Statement Approve the reimbursement of funds to the City of National City in the amount of $245,842.61 I STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A TACHMENTS (Listed Below) Warrants for the period the period of 06/10/09 through 06/16/09 NAT .CI amatt INCORPORATRD COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER # 51 6/16/2009 PAYEE FARALLON DESIGN INC 3-D ENTERPRISES CALIFORNIA REDEVELOPMENT ASSO CORPORATE EXPRESS GEOSYNTEC CONSULTANTS LASER SAVER INC M A STEVENS CONSTRUCTION RORE INC SAN DIEGO CLIPPING SERVICE SAN DIEGO TROLLEY INC URBAN FUTURES WADE & ASSOCIATES SECTION 8 SECTION 8 HAPS PAYMENTS \'ROI.1, Nemo. Pay period Start Date 12 5/19/2009 DESCRIPTION CHILDRENS RAINFOREST/D EVERS JANUARY SERVICES 2009 MEMBERSHIP OFFICE SUPPLIES - REDEV CDC ED VILLAGE INK CARTRIDGE - S8 OLD LIBRARY REMODEL -FINAL PAYMT SOIL INVESTIGATION-2300 CLEVELAND CLIPPING SERVICE FLAGGING SERVICES FISCAUIMPLEMENTATION PERFORMANCE BAY MARINA WIDENING PHASE 11 08-13 Start Date 6/10/2009 End Date 6/1/2009 End Date 6/16/2009 ('heck Date 6/10/2009 CHK NO DATE AMOUNT 227444 6/10/09 8,295.00 227583 6/16/09 64,602.00 227584 6/16/09 7,635.00 227585 6/16/09 272.15 227586 6/16/09 6,666.84 227587 6/16/09 156.89 227588 6/16/09 44,345.34 227589 6/16/09 6,818.00 227590 6/16/09 61.40 227591 6/16/09 17.11 227592 6/16/09 840.00 227593 6/16/09 14,696.25 A/P Total $ 154,405.98 9,220.83 82,215.80 GRAND TOTAL $ 245,842.61 NATI 813 IPCOApOAATBD NJA _- COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 51 6/16/2009 502 SECTION 8 FUND 505 HOME FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 30,252.61 559.26 213, 531.48 1,499.26 245,842.61 ITEM #22 7-7-09 Kimball School Grant Partnership Update (Engineering) ITEM #23 7-7-09 Projects Update (Engineering) ITEM #24 7/7/09 Bike Path Grant (Engineering) ITEM #25 7/7/09 4th of July Update (City Manager)