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HomeMy WebLinkAbout2009 10-20 CC CDC AGENDA PKTAgenda Of A Regular Meeting - Joint Meeting of National City City Council/ Community Development Commission/Planning Commission of the City of National City Martin Luther King, Jr. Community Center 140 E. 12th Street National City, California Regular Meeting - Tuesday — October 20, 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 he 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 interpretation 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.gov JOINT CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION/PLANNING COMMISSION AGENDA 10/20/2009 - Page 2 CITY COUNCIL AND PLANNING COMMISSION PRESENTATIONS 1. Employee of the Month of October 2009 — Lynn Cole, Executive Secretary, Development Services. 2. Presentation by Sweetwater Union High School Principal West Braddock regarding City support for a proposed Joint Facility Use Agreement. 3. Presentation of General Plan Update Background Report. (Community Development) 4. Presentation of 2005-2006 Greenhouse Gas Emissions Inventory. (Community Development) 5. Presentation - Smart Growth Concept MAP Draft Revision. (Community Development) 6. Presentation — Update on the Preparation of the Five -Year Capital Improvement Program. (Community Development/Development Services) ADJOURNMENT OF PLANNING COMMISSION Regular Planning Commission Meeting — Monday, November 2, 2009 — 6:00 P.M. - Council Chambers — National City RECESS (3 MIN.) JOINT CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION/PLANNING COMMISSION AGENDA 10/20/2009 - Page 3 CITY COUNCIL ROLL CALL 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. 7. Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of September 15, 2009. (City Clerk) 8. Approval of a motion to waive reading of the text of the Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 9. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of "KEEP CLEAR" striping with "Do Not Block Intersection" sign at the Comfort Inn Hotel driveway, located at 1645 E. Plaza Boulevard, to improve ingress/egress. (TSC Item No. 2009-19) (Development Services/Engineering) 10. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of "3-Minute Passenger Loading" signs and red curbs "No Parking" along the south side of E. 7th Street between National City Boulevard and A Avenue to improve traffic safety and circulation for the Integrity Charter School. (TSC Item No 2009-17) (Development Services/Engineering) 11. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of "No Truck Parking" signs, 1-hour time restricted parking signs and 25 feet of red curb "No Parking" for the 700 block of Roosevelt Avenue. (TSC Item No. 2009-16) (Development Services/Engineering) JOINT CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION/PLANNING COMMISSION AGENDA 10/20/2009 - Page 4 CONSENT CALENDAR (Cont.) 12. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of 25 feet of white curb passenger loading with sign on the north side of E. 12th Street at A Avenue, adjacent to the Centro Project to provided USPS mail carrier access to the mailboxes. (TSC Item No. 2009-18) (Development Services/Engineering) 13. Resolution of the City Council of the City of National City accepting the work performed by Whillock Contracting, Inc. with the final amount of $131,273.62, authorizing the Mayor to sign the final balance change order report, authorizing the filing of a Notice of Completion with the County Recorder for the demolition and disposal of buildings located at 2300 Cleveland Avenue and 830 23`d Street Project and releasing retention of $13,127.36. (Funded through Tax Increment funds) (Development Services/ Engineering) 14. Resolution of the City Council of the City of National City approving a contract agreement between the City and Ninyo & Moore for the not -to -exceed amount of $150,000 for a one year period to provide on -call geo-technical materials testing services for various Capital Improvement Projects and authorizing the Mayor to execute the Agreement. (Various Capital Improvement Project Funds) (Development Services/Engineering) 15. Resolution of the City Council of the City of National City accepting the work performed by MJC Construction Company with the final amount of $109,800, authorizing the Mayor to sign the final balance change order report, authorizing the filing of a Notice of Completion with the County Recorder for the National City Parks Rehabilitation Furnishings Project (Phase 2), and releasing retention in the amount of $5,490. (Funded through General Fund) (Development Services/Engineering) 16. Resolution of the City Council of the City of National City approving an Agreement with Ninyo & Moore Geotechnical and Environmental Consultants to serve as "Qualified Environmental Professional" for the City's Brownfield Revolving Loan Fund Program for a period of five years not -to -exceed $30,000 to be paid from a $1 million grant from the US Environmental Protection Agency. (Redevelopment Division) JOINT CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION/PLANNING COMMISSION AGENDA 10/20/2009 - Page 5 CONSENT CALENDAR (Cont.) 17. Resolution of the City Council of the City of National City approving an Agreement with E-2 Managetech Solutions, Inc. to serve as "Qualified Environmental Professional" for the City's Brownfield Revolving Loan Fund Program for a period of five years not -to -exceed $30,000 to be paid from a $1 million grant from the US Environmental Protection Agency. (Redevelopment Division) 18. Resolution of the City Council of the City of National City approving an Agreement with Stantec Consulting, Inc. to serve as "Qualified Environmental Professional" for the City's Brownfield Revolving Loan Fund Program for a period of five years not -to -exceed $30,000 to be paid from a $1 million grant from the US Environmental Protection Agency. (Redevelopment Division) 19. Resolution of the City Council of the City of National City authorizing the Mayor to sign an Agreement for Motorist Aid and Safety Grant funding in the amount of $7,526.66. for the reimbursable grant purchase of rescue equipment for the National City Fire Department from the Fiscal Year 2009/2010 San Diego Service Authority for Freeway Emergencies Grant Program. (Fire) 20. Resolution of the City Council of the City of National City authorizing funds in the amount of $103,976 for the reimbursable grant purchase of equipment and training for the Police and Fire Departments from the FY09 State Homeland Security Grant Program. (Fire/Police) 21. Resolution of the City Council of the City of National City authorizing the submission of the Grant Assurances for the FY09 State Homeland Security Grant Program. (Fire/Police) 22. Resolution of the City Council of the City of National City ratifying a Side Letter to the Memorandum of Understanding between the City and the National City Municipal Employees' Association, adjusting the work schedule and breaks for Police Dispatchers. (Human Resources) 23. Resolution of the City Council of the City of National City modifying the terms of the Signing and Retention Incentive Program for the Police Dispatcher classification. (Human Resources) JOINT CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION/PLANNING COMMISSION AGENDA 10/20/2009 - Page 6 CONSENT CALENDAR (Cont.) 24. Resolution of the City Council of the City of National City modifying the contribution rates to the Public Employees Retirement System by decreasing the City's contribution and adding a Member Contribution paid by National City Police Officers Association (NCPOA) represented employees. (Human Resources) 25. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Sixth Amendment to Employment Agreement with City Manager Chris Zapata to provide for the suspension of his $750 per month vehicle allowance, and for an unpaid furlough leave in the amount of 80 hours, for the period of November 1, 2009 through June 30, 2010. (City Attorney) 26. WARRANT REGISTER #11 Warrant Register #11 for the period of 09/09/09 through 09/15/09 in the amount of $449,256.34. (Finance) 27. WARRANT REGISTER #12 Warrant Register #13 for the period of 09/16/09 through 09/22/09 in the amount of $1,998,462.70. (Finance) 28. WARRANT REGISTER #13 Warrant Register #13 for the period of 09/23/09 through 09/29/09 in the amount of $1,145,633.89. (Finance) ORDINANCES FOR INTRODUCTION 29. An Ordinance of the City Council of the City of National City amending Sections 3, 4 and 5 of Ordinance No. 1619, Section 5 of Ordinance No. 1829, and Section 5 of Ordinance No. 91-2012, pertaining to the Committee for Housing and Community Development. (City Attorney) 30. An Ordinance of the City Council of the City of National City amending Chapter 2.28 of the National City Municipal Code by adding Section 2.28.015 thereto, pertaining to the Planning Commission functioning as the Committee for Housing and Community Development. (City Attorney) JOINT CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION/PLANNING COMMISSION AGENDA 10/20/2009 - Page 7 NON CONSENT RESOLUTIONS 31. Resolution of the City Council of the City of National City approving the form of and authorizing the execution and delivery of a Purchase and Sale Agreement and related documents with respect to the sale of the Seller's Proposition 1A Receivable from the State; and directing and authorizing certain other actions in connection therewith. (Finance) 32. Resolution of the City Council of the City of National City, 1) approving Change Order Number Five to the contract with Koch -Armstrong General Engineering, Inc. for the National City Street Resurfacing Project, FY 09-10 to resurface additional streets and increase related concrete work in the amount of $500,149.05, 2) authorizing the Mayor to execute the Change Order, 3) authorizing the Engineering Division to expend up to $50,000 for contract changes. (Funded through Proposition "1 B" and Proposition "A" Funds) (Development Services/Engineering) 33. Resolution of the City Council of the City of National City, 1) awarding the Multiple Facility Repair Project contract to Conan Construction, Inc. in the amount of $313,900 for improvements in accordance with plans and specifications for National City Senior Center and Kimball & Morgan Towers (Schedule A & B) of bid, 2) authorizing the Mayor to execute the contract, and 3) authorizing Engineering to expend up to $31,390 for contract changes for Schedule A & B. (Funded through Tax Increment and General Fund) (Development Services/Engineering) 34. Resolution of the City Council of the City of National City amending the 2008 National City User Fee Schedule to delete the $21.50 Business License Administrative Application Fee and the $10.50 Business License Administration Renewal Fee from the schedule of fees for the Finance Department. (City Attorney) NEW BUSINESS 35. Jurisdictional Urban Runoff Management Program (JURMP) Fiscal Year 08-09 Annual Report Executive Summary. (Development Services/Engineering) 36. Time Extension Request — Tentative Subdivision Map for the division of one 23,917 square -foot lot into three lots at 1821 — 1827 C Avenue and a request to waive the application fee of $1,232.00. (Applicant: Ziba Ghaziaskari) (Case File No. 2009-20 TE) (APN 560-222-27) (Development Services/Planning) JOINT CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION/PLANNING COMMISSION AGENDA 10/20/2009 - Page 8 NEW BUSINESS (Cont.) 37. Temporary Use Permit - Integrity Charter School Harvest Festival sponsored by Integrity Charter School on October 30, 2009 from 4 pm to 8 pm on "A" Avenue, between 7th and 8th Street with no waiver of fees. (Neighborhood Services Division) 38. Temporary Use Permit — Tower of Terror sponsored by the National City Fire Department on October 31, 2009 from 5 pm to 9 pm at Fire Station 34 located at 343 East 16th Street with a request of waiver of fees by applicant. (Neighborhood Services Division) 39. Temporary Use Permit — Circus Vargas sponsored by Tabares Entertainment from February 18-22, 2010 at the Plaza Bonita Mall with no waiver of fees. (Neighborhood Services Division) 40. The City of National City Five -Year Consolidated Plan (FY2011-FY2015) for the U.S. Department of Housing and Urban Development (HUD). (Community Development/Housing and Grants Division) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 41. Authorize the reimbursement of Community Development Commission expenditures in the amount of $8,084.00 to the City of National City for the period of 09/09/09 through 09/15/09. (Finance) 42. Authorize the reimbursement of Community Development Commission expenditures in the amount of $416,112.19 to the City of National City for the period of 09/16/09 through 09/22/09. (Finance) 43. Authorize the reimbursement of Community Development Commission expenditures in the amount of $105,023.94 to the City of National City for the period of 09/23/09 through 09/29/09. (Finance) JOINT CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION/PLANNING COMMISSION AGENDA 10/20/2009 - Page 9 CONSENT CALENDAR (Cont.) 44. Resolution of the Community Development Commission of the City of National City awarding a contract to Hogle-Ireland, Inc. in the amount not -to -exceed $26,935 and authorizing the Chairman to execute the contract agreement for the preparation of the City of National City Five -Year Consolidated Plan (FY2011-FY2015) and a One -Year Annual Action Plan (FY2010-FY2011) for the U.S. Department of Housing and Urban Development (HUD). (Community Development/Housing and Grants Division) 45. Resolution of the Community Development Commission of the City of National City approving an Indemnity Agreement with the National Brownfield Association regarding a grant -funded feasibility study of the Pacific Steel site at 1500 Cleveland Avenue. (Redevelopment Division) NEW BUSINESS 46. Real Property Transaction for National City Public Works Yard located at 2100 Hoover Avenue. (City Attorney) STAFF REPORTS 47. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Regular City Council and Community Development Commission Meeting - Tuesday — November 3, 2009 - 6:00 p.m. - Council Chambers - National City. INCORPORATED MEMORANDUM ITEM #1 10/20/09 October 7, 2009 TO : Chris Zapata, City anager FROM Stacey Stevenson u Resources Director SUBJECT EMPLOYEE HE MONTH PROGRAM The Employee of the Month Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized in October 2009 is Lynn Cole, Executive Secretary By copy of this rnemo, the employee is invited to attend the Council meeting on Tuesday, October 20, 2009 to be recognized for her achievement and service. Attachment cc: Lynn Cole Maryann Babaki, City Engineer Dionisia Trejo — Mayor/Council Office Josie Flores -Clark — Confidential Assistance Human Resources — Office File SS:Igr Performance Recognition Program (2) Human Resources Department 140 E. 120' Street, Suite A, National City, CA 91950-3312 619/336-4300 Fax 619/336-4303 www.nationalcityca.gov City of National City Performance Recognition Award Nomination Form I nominate Lynn Cole for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc.) Do not exceed the 150 total words'. Please be as specific as possible when giving your examples. Since the establishment of the Development Service Department Lynn has been an incredible asset and a key person in bringing the Department together. She has a keen eye for recognizing where the needs are and then she steps in to take the reigns and the responsibility to not only meet the need but to improve the process while she is at it! She has a great attitude, boundless energy and extraordinary talent. With all that comes with creating a new department, Lynn has proved herself to be a key person and a true asset in advancing the department and the city goals. We are truly fortunate to have someone with her skills caliber and inspiring attitude. FORWARD COMPLETE NOMINATION TO: Nominated b Signature National City Performance Recognition Program Human Resources Department Date: October 6, 2009 ITEM #2 10/20/09 Sweetwater High School Football Field Artificial Turf Project RE: Joint -Use Facility Sweetwater High School 2900 Highland Ave. National City, CA 91950 (619) 474-9700 Principal Wesley Braddock Weslev.braddock(a�suhsd.k12.ca.gov Contact: Lillian Leopold Grants & Communications Director Lillian.leopold(a)suhsd.k12.ca.gov (619) 691-5578 With an enrollment of nearly 2,900 students, Sweetwater High School is the only high school serving the residents of National City. Sweetwater is seeking to renovate the existing natural grass football field by upgrading to a synthetic turf field. We are interested in initiating discussion of developing this project as a joint -use facility for both the district and the community at large: Sweetwater High was opened in 1922 and the football field is in poor and unsafe condition after heavy continual use for physical education classes, school football, soccer, lacrosse and field hockey team programs and intramural games. The field at Sweetwater High is also an important community resource serving residents and hosting community leagues in addition to students. The school district has successfully installed synthetic turf fields at four other schools and this project has solid backing from school and district staff as well as a wide range of community stakeholders. The estimated total cost of the project is between $1.5 million and $2 million. The district has secured an award of $146,000 from the California Waste Management Board. In addition, Sweetwater is looking at investing construction bond funds toward this project. We are also actively pursuing other funding opportunities from corporate, civic and private sources. As part of the renovation plan, the district would equip the field with full lighting for evening events and a secure perimeter to prevent misuse. We believe this project would improve the quality, safety and accessibility of community recreational fields. The , positive impact of this project on the student body and the community will be immediate and ongoing. We look forward to the opportunity to explore the creation of a joint -use facility with the mayor and city council. City of National City, California JOINT CITY COUNCIL/PLANNING COMMISSION AGENDA STATEMENT MEETING DATE October 20, 2009 AGENDA ITEM NO. 3 (ITEM TITLE PRESENTATION OF GENERAL PLAN UPDATE BACKGROUND REPORT. PREPARED BY DEPARTMENT Raymond Pe, AICP 336-4250/� Community Development EXPLANATION The City's consultant, Project Design Consultants, has completed the background report for the General Plan update. The report includes the work that was conducted by the student fellows during the ten -week summer program. The background report will serve as a baseline of existing community conditions and will be used by the City and its consultants in the preparation of technical studies, the development of policies and implementation measures, and the preparation of the environmental impact report for the General Plan update. Environmental Review An Environmental Impact Report will be prepared for the General Plan Update pursuant to the California Environmental Quality Act. Financial Statement Not applicable. Approved By: Finance Director Account No. STAFF RECOMMENDATION Accept and file the report. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS (Listed Below) Resolution No. 1. General Plan Update Background Report. — (Available to view in the City Clerk's office) • A-200 (9/99) City of National City, California JOINT CITY COUNCIL/PLANNING COMMISSION AGENDA STATEMENT MEETING DATE October 20, 2009 AGENDA ITEM NO. ITEM TITLE PRESENTATION OF 2005/2006 GREENHOUSE GAS EMISSIONS INVENTORY. Raymond Pe, AICP 336-4250 DEPARTMENT Community Developme 4 EXPLANATION On May 11, 2009, the City entered into a participation agreement with ICLEI-Local Governments for Sustainability USA to conduct a greenhouse gas emissions inventory for the City. This program was offered at no cost to the City through the financial support of the San Diego Foundation. Nine other jurisdictions in the county also participated in the program. The inventory will serve as a baseline of existing conditions in 2005/2006 and will be used by the City's consultants to prepare a climate action plan as part of the General Plan Update. Environmental Review An Environmental Impact Report will be prepared for the General Plan Update pursuant to the California Environmental Quality Act. Financial Statement Funding for this program was provided by the San Diego Foundation through a participation agreement between the City and ICLEI-Local Governments for Sustainability USA. STAFF RECOMMENDATION Accept and file the report. BOARD / COMMISSION RECOMMENDATION Not applicable. Approved By: Finance Director Account No. ATTACHMENTS ( Listed Below) Resolution No. 1. 2005/2006 Greenhouse Gas Emissions Inventory. - (Available to view in the City Clerk's . office A-200 (9/99) City of National City, California JOINT CITY COUNCIL/PLANNING COMMISSION AGENDA STATEMENT MEETING DATE October 20, 2009 AGENDA ITEM NO. 5 (ITEM TITLE SMART GROWTH CONCEPT MAP DRAFT REVISION. PREPARED BY DEPARTMENT Raymond Pe, AICP 336-4250,6 Community Developme EXPLANATION On July 25, 2008, the San Diego Association of Governments Board of Directors adopted the Smart Growth Concept Map. The map was adopted as an implementation step of the Regional Comprehensive Plan, which was adopted in 2005. The map identifies locations in the region that can support smart growth and transit, and also serves to prioritize transportation infrastructure improvements and the allocation of TransNet incentive funds to local agencies. As the City begins the process of updating the General Plan, staff and consultants have identified potential revisions to the adopted map that would improve its application at the local level. The proposed revisions would focus planning at the appropriate detail that will allow the development of specific land use designations and policies. Developing an accurate, detailed map is important because it allows the application of regionally accepted smart growth policies, focuses the appropriate level of planning within the City, interconnects key sites and corridors, and guides land use and transportation policy development. Environmental Review An Environmental Impact Report will be prepared for the General Plan Update pursuant to the California Environmental Quality Act. Financial Statement Not applicable. Approved By: Finance Director Account No. STAFF RECOMMENDATION Accept and file the report. BOARD / COMMISSION RECOMMENDATION Not applicable. J ATTACHMENTS (Listed Below) 1. Smart Growth Concept Map Draft Revision. Resolution No. A-200 (9/99) 'Re i I.._._.._.-1r=.1 i __ ?t. 1; csS0N}1- - -'bN, z d •r•1 , \ %; - 11 • GENERAL PLAN UPDATE National City -n `PARADISE VALLEY RD Smart Growth Concept Map Draft Revision ; � 2009-10-14 ifig Urban Center En, , Community Center Special Use Center Habor Drive Mixed Use Transit Corridor - Major Mixed Use Transit Corridor - Minor Pedestrian / Bike Way ti S21 ssve€rVPIEB ao - ' ' 1, 0.5 W+E Mlles Rawson :00PItt14 GENERAL PLAN UPDATE National City PARADISE VALLEY RD ,,. Smart Growth Concept Map Adopted 2008-07-25 Community Center Mixed Use Transit Corridor Town Center SWEETWATER RD S W+E 0 0.5 Miles Ra$5i011 2009-I0.-05 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 20, 2009 AGENDA ITEM NO. 6 (ITEM TITLE Update on the Preparation of the Five -Year Capital Improvement Program PREPARED BY Brad Raulston, Executive Director DEPARTMENT Maryam Babaki, Development Services Director EXPLANATION Community Development Development Services Departm An Update on the Preparation of the Five -Year Capital Improvement Program will be provided. Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. A-200 (9/99) ITEM #7 10/20/09 Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of September 15, 2009 (City Clerk) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Della, City Clerk Subject: Ordinance Introduction and Adoption ITEM #8 10/20/09 It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title." 0 Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 20, 2009 AGENDA ITEM NO. 9 ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of "KEEP CLEAR" striping with "Do Not Block Intersection" sign at the Comfort Inn Hotel driveway, located at 1645 E. Plaza Boulevard, to improve ingress/egress (TSC Item No. 2009-19) PREPARED BY Stephen Manganiello DEPARTMENT Development Services/Engineering pm1 EXPLANATION EXT. 4382 Please see attached. J Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: CifeOld Finance Director Account No. STAFF RECOMMENDATION Adoptttt - 1-solution. B •'r ' DD . COMMISSION REC M EDATION At their meeting on September 9, 2009 the Traffic Safety Committee approved the staff recommendation to install "KEEP CLEAR" striping with "Do Not Block Intersection" sign at the Comfort Inn Hotel driveway, located at 1645 E. Plaza Boulevard, to improve ingress/egress. ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Staff Report to the Traffic Safety Committee (September 9, 2009) { 1 A-200 (Rev. 7/03) Explanation Mr. Praven Patel, owner of the Comfort Inn Hotel located at 1645 E. Plaza Boulevard, has requested "KEEP CLEAR" striping at the hotel driveway to improve ingress/egress for his customers. Staff visited the site and agrees that the "KEEP CLEAR" striping is warranted for the hotel driveway on Plaza Boulevard as vehicles stopped at the traffic signal at Palm Avenue often block the driveway during peak periods (see attached photo). Staff recommends installation of "KEEP CLEAR".striping with "Do Not Block Intersection" sign at the Comfort Inn Hotel driveway, located at 1645 E. Plaza Boulevard, to improve ingress/egress. All work will be completed by the City Public Works Department. TSC 2009-19 RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE THE INSTALLATION OF "KEEP CLEAR" STRIPING WITH "DO NOT BLOCK INTERSECTION" SIGN AT THE COMFORT INN HOTEL DRIVEWAY, LOCATED AT 1645 EAST PLAZA BOULEVARD, TO IMPROVE INGRESS AND EGRESS WHEREAS, Mr. Praven Patel, owner of the Comfort Inn Hotel located at 1645 East Plaza Boulevard, has requested "Keep Clear" striping at the hotel driveway to improve ingress and egress for his customers; and WHEREAS, staff agrees that the "Keep Clear" striping is warranted for the hotel driveway, and recommends installation of "Keep Clear" striping with "Do Not Block Intersection" sign at the Comfort Inn Hotel driveway located at 1645 East Plaza Boulevard to improve ingress and egress; and WHEREAS, at its regular meeting on September 9, 2009, the Traffic Safety Committee approved Staffs recommendations NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the installation of "Keep Clear' striping with "Do Not Block Intersection" sign at the Comfort Inn Hotel driveway, located at 1645 East Plaza Boulevard, to improved ingress and egress. PASSED and ADOPTED this 20th day of October, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 4 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR SEPTEMBER 9, 2009 ITEM TITLE: ITEM NO. 2009-19 REQUEST FOR "KEEP CLEAR" STRIPING AT THE COMFORT INN HOTEL DRIVEWAY LOCATED AT 1645 E. PLAZA BOULEVARD TO IMRPOVE INGRESS/EGRESS (BY P. PATEL) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mr. Praven Patel, owner of the Comfort Inn Hotel located at 1645 E. Plaza Boulevard, has requested "KEEP CLEAR" striping at the hotel driveway to improve ingress/egress for his customers. Staff visited the site and agrees that the "KEEP CLEAR" striping is warranted for the hotel driveway on Plaza Boulevard as vehicles stopped at the traffic signal at Palm Avenue often block the driveway during peak periods (see attached photo). STAFF RECOMMENDATION: Staff recommends installation of "KEEP CLEAR" striping with "Do Not Block Intersection" sign at the Comfort Inn Hotel driveway, located at 1645 E. Plaza Boulevard, to improve ingress/egress. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2009-19 Comfort Inn South Bay August 26, 2009 BY CHOICE HOTELS National City Traffic Safety Committee Mr. Stephen Manganiello Traffic Engineer Ref: Plaza 81vd expansion project and Driveway Entrance for Comfort Inn Hotel During peak hours it is extremely difficult to exit in and out of the driveway entrance, due to the traffic back out in all lane past the drive. In the past there has been many serious accidents involving our clients, even when the first two lane stops to give way the drivers use the yellow lane prior to the bend and hits the vehicle coming out of the driveway. When traffic stops to give way in front of the driveway this creates a blind spot for the vehicle exiting out of the drive way. It is very important that you protect our citizens and create a safety zone in this area. I am requesting a "KEEP CLEAR" striping with speed control signs and post in the yellow lines few yards before the driveway. Thank you, Respectfully submitted by: din Pravin Patel Owner Comfort Inn Hotel. CC. anc L_ r;;gaaae, ^'!r%1VVA Wiggans Group, Inc. 1645 E. Plaza Blvd. National City, CA 91950 Phone: 619-474-2400 Fax: 619-474-7403 www.comfortinn.com For reservations worldwide: 800.4CHOICE choicehotels.com Location Map Comfort Inn Hotel Driveway, located at 1645 E. Plaza Blvd. (looking north) City of National City, California COUNCIL AGENDA STATEMENT _MEETING DATE October 20, 2009 AGENDA ITEM NO. 10 ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of "3-Minute Passenger Loading" signs and red curb "no parking" along the south side of E. 7th Street between National City Boulevard and A Avenue to improve traffic safety and circulation for the Integrity Charter School (TSC Item No. 2009-17) PREPARED BY Stephen Manganiello DEPARTMENT Development Services/Engineering EXPLANATION Please see attached. /l01 EXT. 4382 Environmental Review X N/A Financial Statement N/A MIS Approval Approved By: Finance Director Account No. STAFF RECOMMEN ! TION Ad •-. t Resolu RD / C • r RECOMIN�BA'1`IOtt-� At their meeting on September 9, 2009 the Traffic Safety Committee approved the staff recommendation to install of "3-Minute Passenger Loading" signs and red curb "no parking" along the south side of E. 7th Street between National City Boulevard and A Avenue for the Integrity Charter School. ATTACHMENTS (Listed Below) 1. Resolution 2. Staff Report to the Traffic Safety Committee (September 9, 2009) Resolution No. A-200 (Rev. 7/03) Explanation Ms. Sandra Dominguez, Principal of the new Integrity Charter School located at 701 National City Boulevard, has requested installation of a Passenger Loading Zone for student pick- up/drop-off on the south side of E. 7th Street between National City Boulevard and A Avenue. Primary student loading will occur on -site through the ground level parking structure. However, an additional location adjacent to the school is desirable to assist traffic circulation and give parents another option. Staff visited the site during the AM and PM school peak periods and agrees that installation of a Passenger Loading Zone adjacent to the school will assist traffic circulation during school drop-off/pick-up periods. Parking is underutilized on the south side of this block. Staff recommends the following improvements along south side of E. 7th Street between National City Boulevard and A Avenue: 1) Install "3-Minute Passenger Loading" signs between A Avenue and the alley adjacent to the school, restricted between the hours of 7:00am-8:00am and 2:00pm-4:00pm, Monday -Friday, to improve traffic circulation. 2) Install red curb "No Parking" on both sides of the school parking structure driveway to improve ingress/egress and driver sight distance. All work will be completed by the City Public Works Department. TSC 2009-17 RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE THE INSTALLATION OF "THREE -MINUTE PASSENGER LOADING" SIGNS AND RED CURB "NO PARKING" ALONG THE SOUTH SIDE OF EAST 7TH STREET BETWEEN NATIONAL CITY BOULEVARD AND "A" AVENUE TO IMPROVE TRAFFIC SAFETY AND CIRCULATION FOR THE INTEGRITY CHARTER SCHOOL WHEREAS, Sandra Dominguez, principal of the new Integrity Charter School located at 701 National City Boulevard, has requested installation of a Passenger Loading Zone for student pick-up and drop-off on the south side of East 7th Street, between National City Boulevard and "A" Avenue; and WHEREAS, after inspecting the site, Staff recommends the following improvements along the south side of East 7th Street between National City Boulevard and "A" Avenue: (1) Install "Three -Minute Passenger Loading" signs between "A" Avenue and the alley adjacent to the school, restricted between the hours of 7:00 am to 8:00 am and 2:00 pm to 4:00 pm, Monday through Friday to improved traffic circulation, (2) Install red curb "No Parking" on both sides of the school parking structure driveway to improve ingress/egress and driver sight distance; and WHEREAS, at its regular meeting on September 9, 2009, the Traffic Safety Committee approved Staffs recommendations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the installation of "Three -Minute Passenger Loading" signs and red curb "No Parking" along the south side of East 7th Street between National City Boulevard and "A" Avenue to improve traffic safety and circulation for the Integrity Charter School located at 701 National City Boulevard. PASSED and ADOPTED this 20th day of October, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney • NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR SEPTEMBER 9, 2009 ITEM NO. 2009-17 ITEM TITLE: REQUEST FOR PASSENGER LOADING ZONE ON SOUTH SIDE OF E. 7TH STREET BETWEEN NATIONAL BOULEVARD AND A AVENUE, ADJACENT TO INTECi'% CHARTER SCHOOL (BY PRINCIPAL S. DOMINGUEZ) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Ms. Sandra Dominguez, Principal of the new Integrity Charter School located -` National City Boulevard, has requested installation of a Passenger Loading Zr student pick-up/drop-off on the south side of E. 7th Street between NationE Boulevard and A Avenue. Primary student loading will occur on -site through the g level parking structure. However, an additional location adjacent to the sci desirable to assist traffic circulation and give parents another option. Staff visited the site during the AM and PM school peak periods and agrees installation of a Passenger Loading Zone adjacent to the school will assist ';r circulation during school drop-off/pick-up periods. Parking is underutilized on the side of this block. STAFF RECOMMENDATION: Staff recommends the following improvements along south side of E. 7"' Street bets. National City Boulevard and A Avenue: 1) Install "3-Minute Passenger Loading" signs between A Avenue and thc adjacent to the school, restricted between the hours of 7:00am-8:002r1; 2:OOpm-4:00pm, Monday -Friday, to improve traffic circulation. 2) Install red curb "No Parking" on both sides of the school parking stre-',, driveway to improve ingress/egress and driver sight distance. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2009-17 Stephen Manganiello From: Sandy Dominguez [Sandy.Dominguez@ics.k12.ca.us] Sent: Thursday, September 03, 2009 12:14 PM To: Stephen Manganiello Subject: Passenger Loading Parking Hi Steve, As per our conversation, I would like to request that the south side of our building, 7th Street, be marked as passenger loading during the our morning drop off times of 7:00am to 8:00am and our afternoon pick up times of 2:00pm to 4:00pm. This will provide our parents with an additional method of dropping off their students. Thank you for your assistance. Sandy Dominguez Director Integrity Charter School 701 National City Blvd National City, CA 91950 (619) 336-0808 ext. 201 1 Location Map E. 7th St. between National City Blvd. and A Ave. (looking west) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 20, 2009 AGENDA ITEM NO. 11 ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of "No Truck Parking" signs, 1-hour time restricted parking signs, and 25 feet of red curb "no parking" for the 700 Block of Roosevelt Avenue (TSC Item No. 2009-16) PREPARED BY Stephen Manganiello DEPARTMENT Development Services/ A Z i Engineering Division EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMEND Adopt e soluti B R ' / COMMISSIO At their meeting on September 9, 2009 the Traffic Safety Committee approved the staff recommendation to install "No Truck Parking" signs, 1-hour time restricted parking signs, and 25 feet of red curb "no parking" for the 700 Block of Roosevelt Avenue. ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Staff Report to the Traffic Safety Committee (September 9, 2009) A-200 (Rev. 7/03) Explanation The City Police Department has requested the following parking restrictions for the 700 Block of Roosevelt Avenue to improve safety: 1) "No Parking" for large vehicles 2) Time -restricted parking for all vehicles 3) Red curb "No Parking" on the west side of the block between W. 8th Street and the Arco Gas Station driveway These requests have been made in an effort to improve driver sight distance, vehicle ingress/egress, and visibility for the Police security cameras used to monitor criminal activity. Staff surveyed the site and agrees with the City Police Department's assessment. Staff recommends the following improvements along the 700 Block of Roosevelt Avenue to improve driver sight distance, vehicle ingress/egress, and visibility for the Police security cameras used to monitor criminal activity: 1) Install "No Truck Parking" signs on both sides of the street. 2) Install "1-Hour Parking" signs on both sides of the street restricted between the hours of 7:00am-6:00pm, and "No Parking" signs restricted between 4:00am and 6:00am. 3) Install red curb "no parking" on the west side of the block between W. 8th Street and the Arco Gas Station driveway. All work will be completed by the City Public Works Department. TSC 2009-16 RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO INSTALL "NO TRUCK PARKING" SIGNS, ONE -HOUR TIME RESTRICTED PARKING SIGNS, AND 25 FEET OF RED CURB "NO PARKING" FOR THE 700 BLOCK OF ROOSEVELT AVENUE WHEREAS, in an effort to improve driver sight distance, vehicle ingress/egress, and visibility for the police security cameras used to monitor criminal activity, the Police Department has requested parking restrictions on the 700 block of Roosevelt Avenue; and WHEREAS, after inspecting the site, staff recommends the following parking restrictions on the 700 block of Roosevelt Avenue: (1) Install "No Truck Parking" signs on both sides of the street. (2) Install "One -Hour Parking" signs on both sides of the street restricted between the hours of 7:00 am to 6:00 pm, and "No Parking" signs restricted between 4:00 am and 6:00 am. (3) Install 25 feet of red curb "No Parking" on the west side of the block between West 8th Street and the ARCO Gas Station driveway; and WHEREAS, at its regular meeting on September 9, 2009, the Traffic Safety Committee approved the installation of "No Truck Parking" signs, one -hour time restricted parking signs, and 25 feet of red curb "No Parking for the 700 Block of Roosevelt Avenue. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the installation of "No Parking" signs, one -hour time restricted parking signs, and 25 feet of red curb "No Parking" for the 700 Block of Roosevelt Avenue. PASSED and ADOPTED this 20th day of October, 2009. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR SEPTEMBER 9, 2009 ITEM TITLE: PREPARED BY: DISCUSSION: ITEM NO. 2009-16 REQUEST FOR PARKING RESTRICTIONS ON THE 700 BLOCK OF ROOSEVELT AVENUE TO IMPROVE SAFETY (BY CITY POLICE DEPARTMENT) Stephen Manganiello, Engineering Department The City Police Department has requested the following parking restrictions for the 700 Block of Roosevelt Avenue to improve safety: 1) "No Parking" for large vehicles 2) Time -restricted parking for all vehicles 3) Red curb "No Parking" on the west side of the block between W. 8th Street and the Arco Gas Station driveway These requests have been made in an effort to improve driver sight distance, vehicle ingress/egress, and visibility for the Police security cameras used to monitor criminal activity. Staff surveyed the site and agrees with the City Police Department's assessment. STAFF RECOMMENDATION: Staff recommends the following improvements along the 700 Block of Roosevelt Avenue to improve driver sight distance, vehicle ingress/egress, and visibility for the Police security cameras used to monitor criminal activity: 1) Install "No Parking Vehicles Over 6 Feet High" signs (R28B) on both sides of the street. 2) Install "1-Hour Parking" signs on both sides of the street restricted between the hours of 7:ooam-6:oopm, and "No Parking" signs restricted between 4:00am and 6:00am. 3) Install red curb "No Parking" on the west side of the block between W. 8th Street and the Arco Gas Station driveway. EXHIBITS: 1. Correspondence 2. Location Map 3_ Photos 2009-16 From: Dan Fabinski Sent: Thursday, August 27, 2009 3:20 PM To: Stephen Manganlello; Keith Fifield Subject: RE: Request For Painted Curbs 700 block of Roosevelt Hi Steve, The request from the PD for the 700 block of Roosevelt Ave is as follows; A red curb/no parking along the west curb, from the Arco driveway south to the corner of W. 8th Street. This area keeps getting congested because parked cars there tend to block the right lane for drivers trying to turn right (w/b) on 8th Street from Roosevelt. It also makes it difficult for cars to pull out of the gas station. No Truck Parking and a limited time zone (2 hour only, etc) for the west curb from the Arco driveway north to the corner of 7th Street. And - the entire east curb from 7th Street to 8th Street. Trucks parking in this area are blocking the city's crime cameras which feed live into our dispatch center. They also obstruct the view of cars pulling out of the Arco and the underground driveway of the hotel. The idea of making it a limited time parking zone is to keep cars from parking too long or overnight and obstructing traffic. There is plenty of parking in the lots and on 7th Street and Roosevelt, Roosevelt has posted truck parking only from 7th Street north along the west curb, so the additional parking regs would have only a minor effect on available parking. This request was by our Asst Chief Rodriguez. Thanks, Dan Dan Fabinski, Sergeant National City Police Department 1200 National City Blvd. National City, CA 91950 (619) 336-4446 dfabinski@nationalcityca.gov Location Map Roosevelt Ave. between W. 7th St. and W. 8'h St. (looking south) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 20, 2009 AGENDA ITEM NO. 12 ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of 25 feet of white curb passenger loading with sign on the north side of E. 12th street at A Avenue, adjacent to the Centro Project, to provide USPS mail carrier access to the mailboxes (TSC Item No. 2009-18) PREPARED BY EXPLANATION Please see attached. Stephen Manganiello /Z01 DEPARTMENT Development Services/Engineering EXT. 4382 J Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMEN J' TION A e Resolu OARD / CO - 0 RECOMMEDATION At their meeting on September 9, 2009 the Traffic Safety Committee approved the staff recommendation to install 25 feet of white curb passenger loading with sign on the north side of E. 12th street at A Avenue, adjacent to the Centro Project, to provide USPS mail carrier access to the mailboxes. ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Staff Report to the Traffic Safety Committee (September 9, 2009) A-200 (Rev. 7/03) Explanation Ms. Jennifer Husman, representative for the Centro Project, has requested 25 feet of white curb Passenger Loading on the north side of E. 12th street at A Avenue, adjacent to the Centro Project, in order to satisfy the requirements of the United States Postal Service (USPS) for mail delivery (see attached requirements). Staff visited the site and agrees with the proposed location of the white curb Passenger Loading Zone given the location of the mailboxes (see attached map), USPS requirements, and roadway conditions. Staff recommends installation of 25 feet of white curb passenger loading with sign on the north side of E. 12th street at A Avenue, adjacent to the Centro Project, to provide USPS mail carrier access to the mailboxes. All work will be completed by the City Public Works Department. TSC 2009-18 RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE INSTALLATION OF 25 FEET OF WHITE CURB PASSENGER LOADING WITH SIGN ON THE NORTH SIDE OF EAST 12TH STREET AT "A" AVENUE, ADJACENT TO THE CENTRO PROJECT, TO PROVIDE USPS MAIL CARRIER ACCESS TO THE MAILBOXES WHEREAS, Jennifer Husman, representative for the Centro Project, has requested 25 feet of white curb Passenger Loading on the north side of East 12th Street at "A" Avenue, adjacent to the Centro Project, in order to satisfy the requirements of the United State Postal Service (USPS) for mail delivery; and WHEREAS, at its regular meeting on September 9, 2009, the Traffic Safety Committee approved the installation of 25 feet of white curb Passenger Loading with sign on the north side of East 12th Street at "A" Avenue, adjacent to the Centro Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve installation of 25 feet of white curb Passenger Loading with sign on the north side of East 12th Street at "A" Avenue, adjacent to the Centro Project to provide USPS mail carrier access to the mailboxes. PASSED and ADOPTED this 20th day of October, 2009. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 3 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR SEPTEMBER 9, 2009 ITEM TITLE: ITEM NO. 2009-18 REQUEST FOR WHITE CURB PASSENGER LOADING ON THE NORTH SIDE OF E. 12T" STREET AT A AVENUE, ADJACENT TO THE CENTRO PROJECT, TO PROVIDE MAIL CARRIER ACCESS (BY J. HUSMAN) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Ms. Jennifer Husman, representative for the Centro Project, has requested 25 feet of white curb Passenger Loading on the north side of E. 12th street at A Avenue, adjacent to the Centro Project, in order to satisfy the requirements of the United States Postal Service (USPS) for mail delivery (see attached requirements). Staff visited the site and agrees with the proposed location of the white curb Passenger Loading Zone given the location of the mailboxes (see attached map), USPS requirements, and roadway conditions. STAFF RECOMMENDATION: Staff recommends installation of 25 feet of white curb passenger loading with sign on the north side of E. 12th street at A Avenue, adjacent to the Centro Project, to provide LISPS mail carrier access to the mailboxes. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2009-18 Stephen Manganiello From: Jennifer HusmanQennifer@constellationproperty.com] Sent: Tuesday, August 18, 2009 2:48 PM To: Stephen Manganiello c: Wayne Hann Subject: Centro Project - Request approval for white USPS required curb Attachments: Centro Plan and Elevation- Mailbox Location.pdf; Centro Site Plan - Mailbox Location_pdf; Quick Ref.DOC Stephen. Good afternoon, per our discussion this afternoon I'm formally requesting the City of National City's approval for a proposed white curb for the Centro Project. We're proposing the location of the 25'-0" white curb to be on the comer of 12th Street and A Avenue. see attached drawings for location. We are locating the mailboxes in this location because of the USPS requirements, see attached sheet detailing the requirements. Please advise if you required additional documentation or our presence at the Traffic Safety Commission Meeting at 2i00PM on September 9, 2009_ Jennifer I tsman Jennifer Husman LEED AP Designer nittri by raistnce. pieta, nrndy. Is delete ter ermad and do not riaka any use of the erna.L vt.e do not rvane any sg ran ant, 'iiru - software e'e Cannot tar rantee that ens atoad or any atlach0lenl is frro of viruses and tnefeforn vOn round that you Sean this errata and any attachment ti»irh your own anti virus otn,,, e to it i pocsible ii. ]C:'Kn of y:_.w Q /1 Q /)nno San Diego District UNITED STATES POSTAL SERVICE Quick reference Postal requirements: 1. Postal approval will be needed before mail service will be extended or continued to any delivery, new resident, renovated building or buildings, change in delivery, delivery equipni, or delivery point. 2. Vertical box are approved only for replacement, but will not be approved if building or hey: is being renovated. You must also include a 36" overhang, out going box, and parcel lockers: be within 25' of sidewalk. Renovated buildings must meet current requirements 3. NDCBU's and door slots for residential are not approved. CBU's and 4c mailboxes arcr4;. rr.. ed for all deliveries. 4. All mailboxes must meet Postmaster General Approval and large enough to handle yo1.1r mail volume. You will also need a locking outgoing box. 5. Parcel lockers required for central delivery. (one per 10 deliveries) 6. Mail equipment must be installed and visible off the street that it is addressed and not n any stairs or elevators. 7. Lay out of mail equipment must be approved by the Postal Service. 8. All secondary addressing must meet Postal approval_ All boxes are required to be in numeric order. (No alpha or alpha numeric addressing) Assigned Parking within 25' of mailboxes. 92101 25' from property line. (Measurement is based on path carrier will travel from parking place to first mailbox) Or e curb for parallel parking on street. 10. Striped or sign for pull in parking on private property may be required. 11. Signs on doors or in lobby's may be required 12. Road ways or line of travel must be a minimum of 24' curb to curb. 13. 6-day access to mailboxes for delivery is required. 14. Override or key keeper for locked entrances. This is intended as a quick reference only, please contact Operation Programs at 858-674-0509 for air question you may have or approvals. TONY PERNA 1251 RANCI io CARMEL DR # 261 SAN DIEGO CA 92199-9334 (858) 674-0509 FAX: (650) 577-687 EMAIL. TONY.R. PERNA LISPS. GOV �T. MAILBOX LOCATION 11TH STREET rz A AVENUE 12TH STREET QQSITE PLAN CENTRO SCktf NTS J ma chose • partners International Inc ,..:.im ,,,,,,'a", .�.. C,1pfl COMSIDDalICO Prppern' Group VSPS- APPROVAL CENTRC LOBBY NATIONAL CITY. CA Nn[ SITE F SITE FLAN Al DI IA E. 12"' Street at A Avenue (looking west) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 20, 2009 AGENDA ITEM NO. 13 ITEM TITLE A Resolution of the City Council of the City of National City accepting the work performed by Whillock Contracting, Inc. with the final amount of $131,273.62, authorizing the Mayor to sign the final balance change order report, authorizing the filing of the Notice of Completion with the County Recorder for the Demolition and Disposal of Buildings Located at 2300 Cleveland Avenue & 830 23`d Street Project and releasing retention of $13,127.36. (Funded through Tax Increment Funds) PREPARED BY Kenneth Fernandez EXPLANATION Please see attached page with explanation. DEPARTMENT EXT. 4388 Development Services/ Engineering L Environmental Review X N/A MIS Approval Financial Statement Approved By: Fi nce D're�tor Retention funds are encumbered on Purchase Order No. 72198 in the amou of $��3,12P.`3C, STAFF RECOMMENDA esolutio / COM I S Oi W OMME N/A Account No. ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 1. 2. Contract Final Balance 3. Notice of Completion A-200 (Rev. 7/03) SPEC 08-02 NOC EXPLANATION Per Resolution No. 2008-237, the City Council awarded a contract to Whillock Contracting, Inc. in the amount of $137,770.50 for the Demolition and Disposal of Buildings Located at 2300 Cleveland Avenue & 830 23rd Street Project, Specification No. 08-02. During the course of construction, City and contractor -initiated change orders were approved and added to the project via the following two change orders: 1) the contractor's request for reimbursement of permit fees in excess of the fee amount stated in the contract documents and 2) a credit to the City due to uncompleted work at the job site that required disposal of uncovered materials that would have otherwise caused the contract to exceed the available contingencies. Therefore, the construction bid price of $137,770.50 was increased by $230.12 to $138,000.62 resulting from Change Order Number One and then decreased by $6,727.00 to a final construction cost of $131,273.62 due to Change Order Number Two and is under the budgeted amount. A final inspection was completed and closing documentation was submitted to the City for review and eligibility of a notice of completion. Please see attached "Final Contract Balance Change Order" document for a breakdown of line items, change orders, and contracted work days. -,fter a comprehensive review, the project was eligible for a notice of completion. The work 'as 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 Demolition and Disposal of Buildings Located at 2300 Cleveland Avenue & 830 23`d Street Project, Specification No. 08-02. In summary, the purpose of this resolution is to approve the final amount of the project at $131,273.62, 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 ACCEPTING THE WORK PERFORMED BY WHILLOCK CONTRACTING, INC., AUTHORIZING THE MAYOR TO EXECUTE THE FINAL CONTRACT BALANCE CHANGE ORDER WITH THE FINAL CONTRACT AMOUNT OF $131,273.62, AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE COUNTY RECORDER FOR THE DEMOLITION AND DISPOSAL OF BUILDINGS LOCATED AT 2300 CLEVELAND AVENUE AND 830 23RD STREET PROJECT, AND RELEASING RETENTION IN THE AMOUNT OF $13,127.36 BE IT 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 Whillock Contracting, Inc., for the Demolition and Disposal of Buildings located at 2300 Cleveland Avenue and 830 23rd Street Project has been completed, the City Council of National City hereby accepts said work, authorizes the Mayor to execute the final contract balance change order with the final amount of $131,273.62, authorizes the filing of a Notice of Completion with the county recorder, and orders that payment for said work and retention in the amount of $13,127.36 be made in accordance with said contract, PASSED and ADOPTED this 20th day of October, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney FINAL CONTRACT BALANCE CHANGE ORDER DATE: October 20, 2009 PROJECT: The Demolition and Disposal of Buildings Located at 2300 Cleveland Avenue & 830 23`d Street Project, Specification No. 08-02 TO: Whillock Contracting, Inc Mr. Mark B. Whillock P.O. Box 2322 La Mesa, CA 91943 ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENTION OF WORK DAYS: TOTAL CONTRACT TIME: DESCRIPTION OF CHANGE: $137,770.50 March 2, 2009 July 30, 2009 (includes downtime due to multiple change orders, cleanup, and inspection) 90 working days 0 working days 90 working days This change order is written to balance and finalize the amounts for said project. Original Contract Adjusted Contract No. Item Unit Bid Qty Unit Price Amount Qty Unit Price Amount 1 Building Demolition Permit —Estimated Fee LS 1 S810.00 $810.00 1 $810.00 $810.00 2 Site health and Safety Plan LS 1 $1,284.00 $1,284.00 1 $1,284.00 $1,284.00 3 Water Pollution Control Management LS 1 $4,939.00 $4,939.00 1 $4,939.00 $4,939.00 4 Removal and Disposal of Asbestos Containing Roofing Material and Roof/Penetration Mastic for 830 23'd St LS l S12,649.00 $12,649.00 1 S12,649.00 $12,649.00 5 Removal and Disposal of Asbestos Containing Stucco for 830 23rd St LS 1 S11,723.00 $11,723.00 1 S11,723.00 $11,723.00 6 Removal and Disposal of Asbestos Containing Floor Tile and Mastic for 830 23'd St SF 120 $5.30 $636.00 120 $5.30 $636.00 7 Removal and Disposal of Lead Paint for 830 23"i St LS 1 $1,918.00 S1,918.00 1 $1,918.00 $1.918.00 Page 1 FINAL CONTRACT BALANCE CHANGE ORDER 8 General Demolition Recycle, Salvage, and Disposal of 830 23'd St LS 1 $40,892.00 $40,892.00 1 $40,892.00 S40,892.00 9 Removal and Disposal of Asbestos and Lead Paint Material of2300 Cleveland Ave Exterior and Interior Walls LS 1 $24,510.00 S24,510.00 1 $24,510.00 S24,510.00 10 Removal and Disposal of Concrete Floor Lead Paint for 2300 Cleveland Ave SF 6,790 $1.10 $7,469.00 6,790 $1.10 $7,469.00 11 Removal and Disposal of Asbestos Containing Stucco for 2300 Cleveland Ave. LS 1 $2,131.00 $2_131.00 1 $2.131.00 $2,131.00 12 General Demolition Recycle. Salvage, and Disposal for 2300 Cleveland Ave. LS I 45 $25,507.00 $25,507.00 I $25,507.00 $25,507.00 13 Removal and Disposal of PCB I.ight Ballast for 830 23'd St and 2300 Cleveland Ave Per Ballast $8.50 $382.50 45 $8.50 $382.50 14 Removal and Disposal of Fluorescent Lights for 830 23'1 St and 2300 Cleveland Ave LS 1 S960.00 $960.00 I $960.00 $96,uo 15 Air Conditioning Freon Removal and Disposal for 830 23 d St and 2300 Cleveland Ave LS I $960.00 $960.00 1 $960.00 $960.00 16 Removal, Disposal, Testing, and Incidentals of Misc. PCB Containing Material, and Items Described in Section 704 1,S I $1,000.00 $1.000.00 I $1,000.00 S1.000.00 SUBTOTAL $137,770.50 $137.770.50 CO1 Reimbursement of additional permit fees LS 1 $230.12 $230.12 CO2 Credit for disposal of uncovered materials LS 1 ($6,727.00) ($6,727.00) Change Order subtotal ($6,496.88) GRAND TOTAL $t 31,273.62 Page 2 FINAL CONTRACT BALANCE CHANGE ORDER DISCUSSION: Added line items: Additive Change Order Number One was added to the contract for $230.12 per the contractor's request for reimbursement of permit fees in excess of the fee amount stated in the contract documents. Deductive Change Order Number Two was included in the contract as a credit to the City due to uncompleted work at the job site that required disposal of uncovered materials that would have otherwise caused the contract to exceed the available contingencies. Therefore, the construction bid price of $137,770.50 was decreased by $6,496.88 to a final construction cost of $131,273.62. CONTRACT ADJUSTMENT: As a result of these change orders. the contract price is adjusted as follows: 1. The final contract price to date is adjusted to $131,273.62. 2. As a result of the satisfactory completion of said project, a retention and final balance of $13,127.36 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 be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Whillock Contracting, Inc. will not be entitled to damages or additional payment for delays as described in the 2000 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. Page 3 FINAL CONTRACT BALANCE CHANGE ORDER RECOMMENDED FOR APPROVAL BY: Gordo ;h Day City of Chula Vista Project Manager (Consultant) 211 Kenneth Fernandez (/ DATE - CIVIL ENGINEERING TECHNICIAN NATIONAL CITY PROJECT COORDINATOR REVIEWED BY: in Daneshfar, P.E. PRINCIP •J IVIL ENG Iaryam aba i, P.E. CITY GINEER ACCEPTED BY: hillock Contracting, nc. CONTRACTOR APPROVED BY: 9-30 — O`A DATE DATE Ron Morrison MAYOR DATE City of National City Resolution Number: Page 4 RECORDING REQUESTED BY WHEN RECORDED MAIL TO - CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950-4301 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on October 20, 2009, of: The Demolition and Disposal of Buildings Located at 2300 Cleveland Avenue and 830 23rd Street Project, Specification No. 08-02 Work of improvement or portion of work of improvement under construction or alteration. 2300 Cleveland Ave and 830 W 23rd St, 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 owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with Whillock Contracting, Inc. Name of Original Contractor The following work and material were supplied: Laborer Groups, Bob Cat, Trucks, Operators, Loaders, Demolition Equipment, Grading, 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 owners Dated: October 20, 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. 1 declare under penalty of perjury that the forgoing is true and correct_ Executed on October 20, 2009, at National City, California. Signature: RON MORRISON, MAYOR NOC D8-a2 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 20, 2009 AGENDA ITEM NO. 14 ITEM TITLE Resolution of the City Council of National City approving a contract agreement between the City ands Ninyo & Moore for the Not -to -Exceed amount of $150,000 for a one year period to provide on -call geo-technical materials testing services for various Capital Improvement Projects and authorizing the Mayor to execute the agreement (Various Capital Improvement Project funds) PREPARED BY Barby Tipton DEPARTMENT Development Services EXT. 4583 Engineering Division EXPLANATION The Engineering Division of Development Services solicited Request for Proposals (RFP) from professional firms to provide geo-technical materials testing services for various Capital Improvement Projects for fiscal year 2009- 2010. Four RFPs were received. The Engineering Division reviewed the proposals, taking into consideration, among other things, the past performance history (if any), the type of services offered, and the cost to the City. Two firms, Southern California Soils & Testing and Ninyo & Moore have been selected to provide the needed on - call geo-technical materials testing services, with a not -to -exceed amount of $150,000 for a period of one year. Southern California Soils & Testing had their contract approved at the Council meeting of October 6, 2009. Adopting this Resolution will add Ninyo & Moore as the second firm to provide on -call geo-technical materials testing services. Supplements to the agreement will be processed to account for actual amounts and project(s) to be charged. J Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director There is no financial impact at this time. As needed, any and or all CIP account numbers will be used to fund this agreement, at which time a supplement to the agreement will be processed showing the actual amount and account number to be charged. Account No STAFF RECOMMENDATIO Adopesolution. D / COMMISSION REC ENDATIO N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Contract Agreement cninyo A-200 (Rev. 7/03) RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH NINYO & MOORE FOR THE NOT -TO -EXCEED AMOUNT OF $150,000 FOR A ONE-YEAR PERIOD TO PROVIDE ON -CALL GEOTECHNICAL MATERIALS TESTING SERVICES FOR VARIOUS CAPITAL IMPROVEMENTS PROJECTS WHEREAS, the City of National City desires to employ a consultant to provide Geotechnical Materials Testing Services for various Capital Improvements Projects for a period of one-year; and WHEREAS, it has been determined that Ninyo & Moore is a materials testing firm, and qualified by experience and ability to perform the services desired by the City, and Ninyo & Moore is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Ninyo & Moore for the not -to - exceed amount of $150,000 for a one-year period to provide on -call Geotechnical Materials Testing Services for various Capital Improvements Projects. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of October, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NINYO & MOORE THIS AGREEMENT is entered into this 20`h day of October, 2009, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Ninyo & Moore, (the CONSULTANT). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide geotechnical materials testing services for city projects. WHEREAS, the CITY has determined that the CONSULTANT is a materials testing firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services on an on -call basis. The scope of work will be defined for each project in accords with Exhibit A. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT 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 5% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Barbara Tipton hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Jeffrey Kent, P.E., G.E., thereby is designated as the Project Director for the CONSULTANT. 1 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on actual work requested and performed, not -to -exceed $150,000.00. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Work to begin upon receipt of signed agreement from the CITY and terminates on October 6, 2010. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY' s prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT' s written work product for the CITY' s purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT 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. 2 2 City's Standard Agreement — June 2008 revision 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'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 CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, 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 CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, 3 3 City's Standard Agreement - June 2008 revision been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin; physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY_ The CONSULTANT 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 CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT 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 CONSULTANT 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 CONSULTANT 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. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 4 City's Standard Agreement — June 2008 revision 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or 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 CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANTS, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: LA A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. - Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is 5 5 City's Standard Agreement— June 2008 revision approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT 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. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be ertitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's feesto the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. 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 bome equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attomeys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT 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 CONSULTANT 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 CONSULTANT as provided for herein. 6 6 City's Standard Agreement — June 2008 revision D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT 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 CONSULTANT'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 CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: To CONSULTANT: City of National City Maryann Babaki, Director of Development Services 1243 National City Blvd National City, CA 91950 Ninyo & Moore Attn: Jeffrey Kent, P.E., G.E. 5710 Ruffin Road San Diego, CA 92123 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at 7 7 City's Standard Agreement — June 2003 revision all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT 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 CONSULTANT shall obtain from the City Clerk. The CONSULTANT 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 CONSULTANT. 23. 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 Califomia. 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 8 8 City's Standard Agreement - June 2008 revision and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY NINYO & MOORE (Corporation - signatures of two corporate officers) (Partnership - one signature) (Sole proprietorship - one signature) By: By: Ron Morrison, Mayor (]Flame) APPROVED AS TO FORM: George H. Eiser, III City Attorney A/ram /7 yo (Print) 71, (//i' 1,_5-1r)rer (Title) /Y)igreba7—/9 - 7/7-9vfS (Print) (Title) 9 City's Standard Agreement —.June 2008 revision if EXHIBIT "A" The City will request various geotechnical materials testing services for the duration of this agreement. For each request, Consultant shall submit a cost proposal for the particular project/service consistent with hourly rates provided in Consultants response to the City's initial Request for Proposal for On -Call Engineering Services. • The work will consist of providing soil and material engineering and testing services during design and construction phases of the City's capital improvement projects. Fee will include all necessary resources including labor, equipment, material, and transportation required to provide these services. • Projects may vary in scope and magnitude. The City is not obligated to contract all the soil and material engineering and testing services to the retained consultant. • A minimum of twenty-four (24) hour notice will be given, by the City, at the time of a request for service. This notice will cover all the necessary office work required to be performed prior to field work. Firms should be capable of providing requested services within twenty-four (24) hours after receipt of request. City may cancel a request for service at least two hours prior to the selected time without being subject to any changes. • Soils and materials testing work will be accomplished according to the Project Drawing and Specifications, which may include San Diego Area Regional Standard Drawings, Standard Specifications for Public Works Construction, and Caltrans Standard Specifications and Drawings, and all other codes and practices applicable to material testing governing a particular project. • Caltrans certified personnel shall possess current Form HC-1 "Certificate of Proficiency in Construction Materials Testing" issued by the Caltrans District Materials Engineer or other Caltrans designated District authorities, if applicable. • The City shall have the right to make a determination as to the qualifications of the individual personnel, and shall have the right to require substitution of non -qualified individuals with qualified personnel. It is expected that the testing personnel at the job site will play an active role in the construction of the project. Whenever required, the Consultant shall observe, monitor, and inspect construction operations and procedures for conformance with project plans and specifications. Observations shall be reported directly to the City inspector. • All reports and pertinent data obtained under the agreement between the City and the Consultant shall be the property of the City and may not be used or reproduced in any form without the explicit written permission of the City. Compaction tests results should be available in the field at the time of testing on projects where previous sampling for maximum densities curves has been obtained. In any case, compaction test results shall be available no later than the next working day. Formal reports should be prepared and submitted as soon as the segment of the work is completed or when requested by the City. • The Consultant shall certify a properly executed affidavit that they will not perform any work for the City that could lead to a conflict of interest. !0 RIJN:I Road - x;r L)!egu. C..lifornl l 9-'23 • PI v)r i858) 5/6-1dal • Fax i858) 576-9600 `,,,,c i Dle(I!% • Iry r e ° Rinch0 C]j jr nnOa • 10s Angeles • pak 2 -i • I a5 Vedas = PYioenI,x = ner,,Pr El Paso 10 • The Consultant shall notify the City of any possible conflicts of interest prior to performing work requested by the City. A conflict of interest may include, but is not limited to having a financial interest in any projects where services are requested or consulting or performing work for the developers, investors, engineers, contractors, or materials suppliers of projects where services are requested. The City has the option to rescind and void the contract in the event that the selected firm fails to properly notify the City of a possible conflict of interest. • Hours shall be determined by the City Engineer. The City will schedule work on a prior day basis, with the expectation of availability of a technician not more than one availability of a technician not more than one hour later than the desired time. When necessary and where possible, the City will coordinate work to allow the use of a single technician, but is under no obligation to do so. The City may schedule or rescheduled work on the same basis. The City will not be liable for any tests where cancellation occurs at least two hours prior to the scheduled time. • The testing services shall be provided efficiently and in timely fashion. All material testing services will be performed on the basis of a standard schedule of fees which shall be valid for the life of the contract. • Payment will be made based upon itemized billing submitted in accordance with this agreement and after submittal of acceptable formal reports. Billing will be submitted with and make reference to each test report, itemized as to unit cost and total billed. Project name, specification number, date of sampling and testing, and the name of person that requested the service shall be identified on each bill. Bills that are not complete as required in this section shall be returned unpaid. • Should either party fail to uphold the contract in any part and the situation not be resolved by negotiation, the contract may be voided by written action of either party. • Fees provided in standard schedule of fees shall include travel time, reports, mileage and all the associated costs for incidental reports and calculations directly related to the projects. The individual Plans and Specifications for the project will be available free of charge at the Engineering Department Customer Counter. The On -call services shall be provided a period of 1 year from date of signed agreement. Each project will vary in hours needed per week and will be defined in the scope of work proposal request. 5710 Ruffin Roast • San Diego, California 92123 • PJlone f858) 576- 1000 • Fax f8581 576-9600 San sego = Irvine ° Rancho Cucamonga * iss Angeles ^ Oakland • Las Vegas ° iioenix • Denver r! Pa-c 11 City of National City As -Needed Material Testing Services Proposal No. P-8552 August 25, 2009 SCHEDULE OF FEES FOR LABORATORY TESTING Laboratory Test, Test Designation, and Price Per Test Soils Atterbety Chum, U 4318, Cl 204 $ 145 California Bearing Ratio (C8R), 0 1883 $ 440 Chloride and Slifae Content, CT 417 & CT 422 $ 135 Cmuiidalion, D 2435, CT 219 $ 275 Con,didalice- Time Rate, D2435,CT219..... _._...... _ ........ ..__.___....... ...... _$ 70 Direct Shea - Rern dded. D 3080 $ 250 Direst Shear - Undisturbed. D 308 $ 290 Deabitity Index. CT 229 $ 150 Expansion Index, D 4829, UBC 18-2 $ 165 Expansion Potential(Monad A),D4546...... __--_-_---....... ___._ ...........$ 145 Expasive Presore(Mdhod C),D 4546 $ 145 Geofabric Tensile ad Elongation Test, D 4632_ $ 165 Hydratito Caductivity, D 5084 $ 300 Hydrometer Analysis, D 472, CT 203 - -._ $ 190 Moisture, Ash, & Organic Matta d Pea/Orgaic Sa1s $ 110 MdshreOnty,D2216,CT226.___.._.....__..._....._._-..................-._..._......--.--$ 30 Moisture and Density, D 2937 $ 39 Permeability, CH, D 2434, CT 220 $ 230 pH and Resistvihy, CT 643 $ 140 Proctor Density D 1557, D 698, CT 216, & $ 180 AASIitO T-180 (Rod( rnredions add $80) R-value, D 2844, CT 301 ._..._ $ 250 Said Equivalent, D 2419. CT 217 $ 90 Sieve Analysis,D422,CT202 $ 110 Sieve Analysis, 200 Wastt, D 1140, CT 202 .. $ 90 Specific Gravity, D854_.._._._.... _..-...._....................... _.................. _..__$ 90 Tnaxial Shear, D 4767,1 297 $ 390 Triaxial Shea, C-U., wlpore pressure, D 4767, T 2297 pa pt_. $ 330 Tnaxii Shea,CtT, Wo porepres.,srre, D 4767,T 2297 per pi $ 190 Tnaxial Shear, U-U-, 0 2850__ $ 140 Uaudried Compression, D2166,T208- $ 100 Wax Density, D 1188 - $ 90 Roofing Built-up Roofing, cut-out samples, D 2829 $ 165 Roofing Mates Analysis, D 2829 $ 500 Roofing Tile Absorption, (set of 5), UBC 15-5 $ 190 Roofing Tie Strength Test, (set d 5), UBC 15-5 $ 190 Masonry Bride Atson:4on, 24- hoursudrnaesim, C 67 $ 45 Brink Absorption, 5-hour bd9rg, C 67 - $ 55 Burk Absorption,7day,C67 $ 60 Brick Campnssien Test, C 67 .. $ 45 Bride El c c omen C 67 $ 45 Brick Modulus of Rapine, C 6)._ $ 40 Brick Moisture as rived, C 67 $ 35 Brick Saturation Coefficient, C 67 $ 50 Concrete Block Carpressim Test, 8x8x16, C 140 $ 60 Concrete Block Cmfarnance Package, C 90.. .. $ 440 Concrete Buck Linea Shrinkage, C 426.._ $ 120 Concrete Block Wit Weight and Absorption, C 140 $ 55 Cars, Compression or Shear Bond, CA Code $ 55 M1-donry Grout, 3x3x6 prism impression, UBC 21-18 $ 30 Masonry Molar, 2x4 monde compression, UBC 21-16 S 30 Masonry Prism, half size, compression, UBC 21-17 $ 110 Concrete Gem ntAnalysis Chemical and Physir & C 109 $ 1,650 Co pressio n Test, 6x12 Cybnda, C 39.. - $ 22 Concrete Nix Design Review, Jab Spec $ 140 Concrete Prix Deign, per Trial Batch, 6 cylirda, ACI $ 750 Concrete Cores, Compression (exdudes sampling), C 42 $ 55 Drying Shrinkage, C 157 $ 250 Flexurd Test, C 78 $ 50 Flexural Teal, C 293 $ 55 Flexural Test, CT 523 $ <i0 Girite7Sholcrete, Pads, 3 al cores per panel and test, ACT._ $ 250 Jobsite Testing Labor/ay Quote lightweight Concrete Fill, Compression, C495__.__.... -.... ..._..... _..... _...__........... $ 40 Petrograatxc Analysis, C 856 $ 1,100 Splitting Tensile Strength, C 4% $ 80 Reinforcing and Structural Steel Fireproofing knsilyTest,DEC-b.._...._........... ...---....... _..._.......................... _..... _$ 55 Hardness Test, Rockwell A-370 $ 50 Hgh Strength Brit Nut & Washer Cmtamarce, set, A-32......... $ 120 P3echaricaly SpGoed Reinforcing Te sileTest, ACI S 95 Kestrels Strad(7 vire), A416 - ..-. $ 140 Chertid Analysis, A-36, A615 _..._..__...._ $ 120 Reinforcing Tensile orBend uptoNo_ 11,A615& A706 S 50 Structural Sled Tesle Test Up to 200,000Ibs. (machining g extra), A 370 $ 70 Welded Reinforcing Tensile Test Up to No.11 bars, ACI $ 55 Asphalt Concrete 0.sphaihixDrslgn,Caltras......:....._.___.............._._..........._..._......... _......... _$ 22001 Asphalt FNx Design Review, Job Spry ...... $ 15 Extraction, %Asphalt, inducing Gradatm, D 2172, CT 310 $ 215 Fin Stripping, CT 302 $ 100 Hveern Stabcily and Wit Wight CTM or ASTM, CT 366- $ 195 Marshall StabiTiy, Flow and Unit Weight, T-245 $ 215 MadnurnTheoretcolUnit Weight, 02041 -$ 120 Swill, CT 305 ..... .. $ 165 Unit Weight sandeaaxe, D2726,CT308 _._S 90 Aggregates . Absorption, Coarse, C 127 $ 35 Absap&on, Fine, C 128_ -- $ 35 Gay Lumps and Friable Paides, C 142 $ 100 Cleavhess Value, CT 227 • _ $ 120 Coshed Parades, CT 205..._. $ 140 Durability, Coarse, CT 229 $ 130 Durabhty,Fine, CT229_-...... _................. -....... _..... :_.......... _... _..._5 130 Los Angeles Abrasion, C 131 cr C 535 $ 180 ;data making properties of fine aggregate, C 87 - S 275 Organic kupunWes,C40_ S 55 PotetialReadivityofAggregate (ChenidMelhod),C289_....... .......... _... _____$ 390 Sand EgiivJent, CT 217 $ 90 Sieve Analysis, Came Aggregale,C136 $ 105 Sieve Anaysis, Fine Aggregate (inducing wash), C 136.._............... $ 105 Sodom Sulfate Soundness (per size taon),C:ti $ 160 Specific Gravity, Cease. C127__ $ 75 Specific Gravity, Fine, C 128 S 85 Special preparation of staadad test specimens MI be draped at the (edit -total's harry rate. Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. 19 12 /inyn&ffionre rxpene„ce I Quality 1 commitment City of National City As -Needed Material Testing Services Proposal No. P-8552 August 25, 2009 Section 7 SCHEDULE OF FEES HOURLY CHARGES FOR PERSONNEL Principal Engineer/Geologist/Environmental Scientist $ 139 Senior Engineer/Geologist/Environmental Scientist $ 133 $ 127 Project Engineer/Geologist/Environmental Scientist $ 123 Senior Staff Engineer/Geologist/Environmental Scientist 5 109 Staff Engineer/Geologist/Environmental Scientist $ 96 GIS Analyst $ 96 Field Operations Manager $ 87 Supervisory Technician` $ 87 Nondestructive Examination Technician, Uf, MT, 1_P" $ 87 Pull Test Technician and Equipment* $ 87 Senior Project Engineer/Geologist/Environmental Scientist Senior Field/Laboratory Technician" Field/Laboratory Technician' ACI Concrete Technician* $ 77 $ 77 $ 77 Concrete/Asphalt Batch Plant Inspector $ 77 Special Inspector, Reinforced Concrete' $ 77 Special Inspector, Pre -stressed Concrete* $ 77 Special Inspector, Reinforced Masonry' - $ 77 Special Inspector, Structural Steel' $ 77 Special Inspector, Welding, AWS' $ 77 Special Inspector, Fireproofing' $ 77 Technical Illustrator/CAD Operator $ 69 GeotechnicalfEnvironmentat/Laboratory Assistant $ 53 Information Specialist $ 52 Data Processing, Technical Editing, or Reproduction $ 44 OTHER CHARGES Expert Witness Testimony $ 400/hr Concrete Coring Equipment (includes one technician) $ 145 /hr Special Preparation of Standard Test Specimens $ 641hr Inclinometer Usage $ 321hr Vapor Emission Kits $ 30/kit Rebar Locator (Pachometer) $ 10/hr Nuclear Density Gauge Usage $ 9/hr Field Vehicle Usage $ 8 /hr Direct Project Expenses Cost plus 15 % Laboratory testing, geophysical equipment, and other special equipment provided upon request. NOTES (Field Services) For field and laboratory technicians and special inspectors, regular hourly rates are charged during normal weekday construction hours. Over- time rates at 1.5 limes the regular rates will be charged for work performed outside normal construction hours and all day on Saturdays. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day or on Sundays and holidays. Lead time for any re- quested service is 24 hours. Field Technician rates are based on a 2-hour minimum. Special inspection rates are based on a 4-hour minimum for the first 4 hours and an 8-hour minimum for hours exceeding 4 hours. Field personnel are charged portal to portal. 'Indicates rates that are based on Prevailing Wage Determination made by the State of California, Director of Industrial Relations on a semi- annual basis. Our totes will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project. INVOICES Invoices will be submitted monthly and are due upon receipt. A service charge of 1 0 percent per month may be charged on accounts not paid within 30 days. TERMS AND CONDITIONS The terms and conditions of providing our consulting services include our limitation of Liability and indemnities as presented in Ninyo & Moore's Work Authorization and Agreement. 18 13 Iyiryo&/Moore Experience I Quality r commitment Client#: 704 NINYOMOOR1 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYY) 10/14/09 PRODUCER Ialey, Renton & Associates O. Box 12675 .,akland, CA 94604-2675 510 465-3090 Christine Silan THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Ninyo & Moore Geotechnical & Environmental Sciences Consultants 5710 Ruffin Road INSURER A: American Automobile Ins. Co. INSURERS: Fireman's Fund Insurance Co. INSURERC: Lexington Ins. Co. San Diego, CA 92123 -INSURER D. INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRDATE(MM/DDIYf TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE IMMIDD/YYj LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY MZG80911156 10/03/09 10/03/10 EACH OCCURRENCE $1,000,000 X FIRE DAMAGE (My one fire) $1,000,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $10,000 X Contractual PERSONAL S. ADV INJURY $1,000,Q00 $2,000,000 $2,000,000 X RR Cont CG2417 GENERAL AGGREGATE GEN'L —1 AGGREGATE LIM IT APPLIES PER, POLICY ° n l LOC PRODUCTS-COMPIOP AGG A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS MZG80911156 10/03/09 10/03/10 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ -- GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS LIABItJTY I OCCUR I I CLAIMS MADE DEDUCTIBLE RETENTION $ CGX71476790 10/03/09 10/03/10 EACH OCCURRENCE $9,000,000 X AGGREGATE $9,000,000 $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WZP80973506 05/01/09 05/01/10 X WCBTATu- OTH- TORY OMITS FR E.L. EACH ACCIDENT 51,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 C OTHER professional & Contractor's Pollution Liab. 013001489 10/03/09 _ 10/03/10 $5,000,000 per Claim $5,000,000 Annl Aggr. DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS GENERAL LIABILITY POLICY EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL SERVICES. REF: ALL OPERATIONS OF THE NAMED INSURED. GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED: City of National City. CERTIFICATE HOLDER 1 ADDmONAL INSURED; INSURER LETTER: City of National City Engineering Department Attn: Mauro Nebreja 1243 National City Blvd. National City, CA 91950 CANCELLATION SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WlglxwfOD$X IX TO MAIL 30__ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TOTHE LEFT,x$t$XZXIXVDENFIZADODOMPXK XiMt6S09X100130( AUTHORIZED REPRESENTATIVE ACORD 25-S (7/97)1 of 1 #M259476 DAC © ACORD CORPORATION 1988 DESCRIPTIONS (Continued from Page 1) GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED: City of National City, its officers, employees, and volunteers. Insurance is primary per policy form. Waiver of Subrogation applies to Commercial General Liability, Automobile Liability and Workers Compensation. AMS 25.3 (07/97) 2 of 2 #M259476 POLICY NUMBER: MZG80911156 COMMERCIAL GENERAL LIABILITY CG20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organziation(s): Location(s) Of Covered Operations City of National City Engineering Department Attn: Mauro Nebreja 1243 National City Blvd. National City, CA 91950 REF: ALL OPERATIONS OF THE NAMED INSURED. GENERAL LIABILITY ADDITIONAL INSURED: City of National City. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrator engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 UNIFORM f &) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" needs to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement forms a part of Policy No. WZP80973506 Issued to: Ninyo & Moore Geotechnical & By: American Automobile Ins. Co.' Premium (if any) TBD We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2-5% of the California workers compensation premium otherwise due on such remuneration. Person or Organization City of National City Engineering Department Attn: Mauro Nebreja 1243 National City Blvd. National City, CA 91950 Schedule Job Description REF: ALL OPERATIONS OF THE NAMED INSURED. City of National City. WC 04 03 06 (Ed. 4-84) Countersigned by Authorized Representative City of National City, California COUNCIL AGENDA STATEMENT mEETING DATE October 20, 2009 AGENDA ITEM NO. 15 ITEM TITLE A Resolution of the City Council of the City of National City accepting the work performed by MJC Construction Company with the final amount of $109,800, authorizing the Mayor to sign the final balance change order report, authorizing the filing of the Notice of Completion with the County Recorder for the National City Parks Rehabilitation Furnishings Project (Phase 2) and releasing retention in the amount of $5,490. (Funded through General Fund) PREPARED BY Kenneth Fernandez EXPLANATION Development Services/ Engineering DEPARTMENT EXT. 4388 Please see attached page with explanation. Environmental Review X N/A Financial Statement MIS Approval Approved By: V a c Director Retention funds are encumbered on Purchase Order No. 72650 in the amount of i �,4ic Account No. STAFF RECOMMENDATION ARD / C0MM1 N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Contract Final Balance 3. Notice of Completion A-200 (Rev. 7/03) SPEC 07-06-B NOC EXPLANATION Per Resolution No. 2009-82, the City Council awarded a contract to MJC Construction Company in the amount of $84,722.00 for the National City Parks Rehabilitation Furnishings Project (Phase 2), Specification No. 07-06-B. During the course of construction, City -initiated change orders were approved and added to the project via the following two change orders: 1) Access and improvements to and around the Men's and Women's center restrooms in Kimball Park to ensure compliance with the Americans with Disabilities Act (ADA) and 2) The expedited repair and special resurfacing to the outdoor basketball court at Kimball Park. Therefore, the construction bid price of $84,722.00 was increased by $15,600.00 to $100,322.00 resulting from Change Order Number One and increased again by $4,930.00 to a construction cost of $105,252.00 due to Change Order Number Two. Furthermore, line item increases/deductions as shown in the final balance change order totaling $4,548.00 were added to the scope of work per the contract and specifications. Therefore, the construction cost of $105,252.00 was increased to a final construction cost of $109,800.00. A final inspection was completed and closing documentation was submitted to the City for ~eview and eligibility of a notice of completion. Please see attached "Final Contract Balance change Order" document for a breakdown of line items, change orders, and contracted work days. After a comprehensive review, the project was eligible for a notice of completion. The work was 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 Parks Rehabilitation Furnishings Project (Phase 2), Specification No. 07-06-B. In summary, the purpose of this resolution is to approve the final amount of the project at $109,800.00, 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 ACCEPTING THE WORK PERFORMED BY MJC CONSTRUCTION COMPANY AUTHORIZING THE MAYOR TO EXECUTE THE FINAL CONTRACT ORDER BALANCE CHANGE WITH THE FINAL CONTRACT AMOUNT OF $109,800, AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE COUNTY RECORDER FOR THE NATIONAL CITY PARKS REHABILITATION FURNISHINGS PROJECT BE IT 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 MJC Construction Company for the National City Parks Rehabilitation Fumishings Project has been completed, the City Council of National City hereby accepts said work, authorizes the Mayor to execute the final contract balance change order form with the final amount of $109,800, authorizes the filing of a Notice of Completion with the County recorder, and orders that payment for said work be made in accordance with said contract. PASSED and ADOPTED this 20th day of October, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, 111 City Attorney FINAL CONTRACT BALANCE CHANGE ORDER DATE: October 20, 2009 PROJECT: National City Parks Rehabilitation Furnishings Project (Phase 2), Specification No. 07-06-B TO: MJC Construction Company Mr. Javier Jimenez 3015 Sylvia St. Bonita, CA 91902 ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENTION OF WORK DAYS: TOTAL CONTRACT TIME: DESCRIPTION OF CHANGE: $84,722.00 May 4, 2009 October 6, 2009 (includes downtime due to multiple change orders, cleanup, and inspection) 25 working days 34 working days 59 working days This change order is written to balance and finalize the amounts for said project. Original Contract Adjusted Contract No. Item Unit Bid Qty Unit Price Amount Qty Unit Price Amount 1 2 Mobilization LS 1 $3,000.00 S3,000.00 1 $3,000.00 $3,000.00 Storm Water Pollution Control LS 1 $1,500.00 S1,500.00 I $1,500.00 S1,500.00 3 Remove and transport existing benches, picnic tables, trash receptacles, coal receptacles, and barbecue grills LS 1 $3,200.00 $3,200.00 1 $ 3.200.00 $ 3,200.00 4 Assemble and install benches per manufacturer's specifications EA 60 $90.00 $5 400.00 50 $90.00 $4 500.00 5 Assemble and install picnic tables per manufacturer's specifications EA 139 41 $140.00 $140.00 $19 460.00 $5,740.00 70 47 S140.00 $140.00 $9,800.00 $6,580.00 6 _ Assemble and install ADA-compliant picnic tables per manufacturer's specifications EA Assemble and install trash receptacles per manufacturer's specifications EA 106 $90.00 $9 540.00 137 $90.00 $12 330.00 Page 1 FINAL CONTRACT BALANCE CHANGE ORDER 8 Assemble and install hot coal receptacles per manufacturer's specifications EA 33 $90.00 S2,970.00 31 $90.00 S2 790.00 9 Assemble and install barbecue grills per manufacturer's specifications EA 42 $90.00 $3 780.00 15 $90.00 SI,350.00 10 Install concrete pad, 4" thick with rebar SF 5,022 $6.00 $30,132.00 7,370 $6.00 $44,220.00 SUBTOTAL S84,722.00 $89,270.00 CO1 ADA — Access and Compliance with Kimball Park Center Restrooms LS 1 S15,600.00 S15,600.00 CO2 Kimball Park Basketball Court Expedited Repair and Special Resurfacing LS 1 $4,930.00 $4,930.00 Change Order subtotal S20,530.00 GRAND TOTAL $84,722.00 $109,8t Page 2 FINAL CONTRACT BALANCE CHANGE ORDER DISCUSSION: Added line items: Additive Change Order Number One was added to the contract for $15,600.00 per the City's request for additional work leading to access and improvements to and around the Men's and Women's center restrooms in Kimball Park to ensure ADA compliance. Additive Change Order Number Two was included in the contract for $4,930.00 per the City's request due to the expedited repair and special resurfacing of the outdoor basketball court at Kimball Park. Line item increases/deductions as shown in the final balance change order totaling $4,548.00 were added to the scope of work per the contract and specifications. Therefore, the construction bid price of $84,722.00 was increased by $2.5,078.00 to a final construction cost of $109,800.00. CONTRACT ADJUSTMENT: As a result of these change orders, the contract price is adjusted as follows: I. The final contract price to date is adjusted to $109,800.00. 2. As a result of the satisfactory completion of said project, a retention and final balance of $5,490.00 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 be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. MJC Construction Company 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 3 FINAL CONTRACT BALANCE CHANGE ORDER RECOMMENDED FOR APPROVAL BY: e DATE Associates anager (Consultant) yu enncth Fernand DATE CIVIL, ENGINEERING TECHNICIAN NATIONAL CITY PROJECT COORDINATOR REVIEWED BY: Crf Din Daneshfar, Y.E. DATE PRINCIPAL CIVIL ENGINEER Ma nfBabaki, C Y ENGINEER ACCEPTED BY: MJ J6nstion Compa TRACTOR APPROVED BY: DATE DATE Ron Morrison MAYOR DATE City of National City Resolution Number: Page 4 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950-4301 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on October 20, 2009, of: The National City Parks Rehabilitation Furnishings Project (Phase 2), Specification No. 07-06-B Work of improvement or portion of work of improvement under construction or alteration. Kimball, Las Palmas, and El Toyon Parks, 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 owner (mortgagor, lessee. etc ) Said work of improvement was performed on the property pursuant to a contract with MJC Construction Company Name of Original Contractor The following work and material were supplied: Laborer Groups, Bob Cat, Trucks. Operators, Loaders, Assembly, Painting, Concrete, 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 owners Dated: October 20, 2009. Ron Morrison, Mayor City of National City, 1243 National City Blvd., National City, CA 91950-4301 I, the undersigned, say: 1 have read the foregoing Notice of Completion, and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on October 20, 2009, at National City, California. Signature: RON MORRISON, MAYOR NEC 11: JI(. IJ MEETING DATE October 20, 2009 City of National City, California COUNCIL AGENDA STATEMENT 16 AGENDA ITEM NO (TEM TITLE A resolution approving an Agreement with Ninyo & Moore Geotechnical and Environmental Consultants. to serve as "Qualified Environmental Professional" for the City's Brownfield Revolving Loan Fund Program for a period of five years not to exceed $30,000. PREPARED BY (� Patricia Beard ext 4255 i Redevelopment Manager DEPARTMENT Redevelopment Divisio EXPLANATION The City of National City was awarded a $1 million grant by the US Environmental Protection Agency ("EPA") in order to establish a Revolving Loan Fund ("RLF") to assist with eligible remediation projects on properties contaminated by hazardous materials. As part of the RLF grant requirements from EPA, the City must retain a Qualified Environmental Professional to provide oversight for remediation projects not overseen by a state agency. In compliance with EPA procurement requirements, the City conducted a competitive Request for Qualifications ("RFQ") process including an invitation to minority, women -owned and disadvantaged businesses. Ninyo & Moore Geotechnical and Environmental Consultants responded to the RFQ and is a qualified environmental professional firm, which received strong references during staff due diligence. Staff requests the City Council to consider approving an Agreement for QEP services for the RLF Program. \lease see the attached Background Report for a thorough explanation. Environmental Review Not applicable. Financial Statement The contract is not to exceed $30,000 during the five year period of the RLF grant and will be paid using federal grant funds. Account No STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION STRATEGIC GOAL: 2b) Aggressively seek funding from local, state and federal sources ATTACHMENTS 1. Background Report 2. Proposed Agreement Resolution No. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH NINYO & MOORE GEOTECHNICAL AND ENVIRONMENTAL IN THE NOT -TO -EXCEED AMOUNT OF $30,000 TO SERVE AS A "QUALIFIED ENVIRONMENTAL PROFESSIONAL" FOR THE CITY'S BROWNFIELD REVOLVING LOAN FUND PROGRAM FOR A PERIOD OF FIVE YEARS WHEREAS, the City of National City has been awarded a $1 million grant from the United States Environmental Protection Agency to establish a Brownfield Revolving Loan Fund ("RLF") Program for the remediation of eligible properties contaminated with hazardous materials; and WHEREAS, terms of the grant require the City to retain a Qualified Environmental Professional to oversee City RLF-funded remediation projects where regulatory oversight will be provided by the County or City; and WHEREAS, in compliance with procurement requirements for the grant, the City issued a competitive Request for Qualifications for said Qualified Environmental Professional, including an invitation to minority owned, women -owned, and disadvantaged businesses; and WHEREAS, Ninyo & Moore Geotechnical and Environmental Consultants responded to said Request for Qualifications and has been determined to be qualified by experience and ability to serve as Qualified Environmental Professional for the RLF Program for the not -to -exceed amount of $30,000 for a period of five years. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement by and between the City of National City and Ninyo & Moore Geotechnical and Environmental Consultants in the not -to - exceed amount of $30,000 for a period of five years to provide services as a "Qualified Environmental Professional" to oversee remediation projects funded through the City's Brownfield Revolving Loan Fund Program. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of October, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk George H. Eiser, III City Attorney ATTACHMENT 1 BACKGROUND REPORT The City of National City was awarded $1 million, including a waiver of local matching requirements, by the EPA to establish a Revolving Loan Fund for eligible hazardous materials remediation projects. The grant period commenced on October 1, 2009 and will continue until September 30, 2014. Among the grant requirements to establish the RLF program for National City, is retaining a "Qualified Environmental Professional" to oversee remediation projects for which a state agency will not provide regulatory oversight. In most of the US a state agency, such as Cal -EPA or the Regional Water Quality Control Board, oversees all remediation projects, and is considered a "QEP" for grant purposes. However, in California certain remediation projects can receive regulatory oversight from the county Department of Environmental Health and, occasionally, from the City itself. In these instances of local oversight, the EPA requires an independent environmental consultant to review all remediation work plans prior to implementation using RLF funds. City staff is not qualified to provide this type of technical review. In keeping with grant requirements, staff issued an RFQ encouraging minority, women -owned, and disadvantaged businesses to apply to serve as QEP. Three qualified firms responded to the RFQ, including one minority -owned firm. Staff is recommending that all three firms, Stantec, E2 Managetech and Ninyo & Moore be retained. Because any contract for the actual remediation project would be more lucrative to the firms than the QEP oversight role, retaining all three firms provides an opportunity to the firms to bid on the actual remediation or to serve as environmental adviser to the National City CDC should RLF funds be used on a CDC -owned redevelopment site. Under the RLF program, the City can loan or sub -grant funds to the CDC for remediation. The total five year budget for the QEP oversight is $30,000 of the $1 million grant funding. About the RLF: More information about the RLF program is available on the City's website under "Redevelopment" and a brochure is available at the Redevelopment office. Parties interested in applying should contact Patricia Beard, Redevelopment Manager, at 619-336-4250. Both applicants and sites must be deemed eligible according to program requirements in order to receive a loan. AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NINYO & MOORE GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS TO SERVE AS "QUALIFIED ENVIRONMENTAL PROFESSIONAL" FOR THE CITY'S BROWNFIELD REVOLVING LOAN PROGRAM FOR A PERIOD OF FIVE YEARS NOT TO EXCEED $30,000 THIS AGREEMENT is entered into this 20th day of October 2009, by and between the CITY OF NATIONAL CITY, a community development commission (the "CITY"), and NINYO & MOORE GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS, an environmental consultant (the "CONSULTANT"). RECITALS WHEREAS, the CITY has been awarded a $1 million grant by the United States Environmental Protection Agency ("EPA") to establish a Revolving Loan Fund for the remediation of eligible properties contaminated with hazardous wastes; and WHEREAS, the EPA requires that grantees retain a Qualified Environmental Professional ("QEP") to oversee remediation projects where the State will not serve as the lead regulator and oversight authority; and WHEREAS, the CITY conducted a competitive Request for Qualifications process in keeping with federal procurement standards and has determined that the CONSULTANT is an environmental consultant and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. FOLLOWS: NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT, and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT 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 CONSULTANT 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 CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Steve Beck thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $30,000 (the Base amount) without prior written authorization from the Executive Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. This agreement shall be in effect until October 30, 2014. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. 2 City's Standard Agreement— May 2008 revision The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT 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. 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'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 CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, 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 CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. City's Standard Agreement - May 200E revision 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT's trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS.The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to ensure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT 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 14, 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 CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT 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. 4 City's Standard Agreement — May 2008 revision The CONSULTANT 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 CONSULTANT 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. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or 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 CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. 5 City's Standard Agreement — May 2008 revision G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only Califomia admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the National City Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the National City Risk Manager. If the CONSULTANT 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. K. AU deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. 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. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. 6 City's Standard Agreement — May 2008 revision 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 CONSULTANT 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 CONSULTANT 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 CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT 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 CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT] for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by ovemight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: To the CONSULTANT: Patricia Beard, Redevelopment Manager Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 Steve Beck, Principal Ninyo & Moore Geotechnical and Environmental Consultants 5710 Ruffin Road San Diego CA 92123 Telephone 858-576-1000 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 7 City's Standard Agreement — May 2008 revision other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CITY. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT 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 CONSULTANT shall obtain from the City Clerk. The CONSULTANT 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 CONSULTANT. 23. 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. 8 City's Standard Agreement — May 2008 revision I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY NINYO & MOORE GEOTECHNICAL AND ENVIRONMFWAL CONSULTANTS By: By: Ron Morrison, Mayor APPROVED AS TO FORM: By: George H. Eiser, III Legal Counsel Steve Beck, P.G. 4375 Principal C. Wood Hays Principal 9 City's Standard Agreement — May 2008 revision Exhibit A Role and Costs for Qualified Environmental Professional For EPA Revolving Loan Fund Grant The QEP will serve as a member of the City's RLF team, coordinating and overseeing environmental projects and advising the City on regulatory matters. The QEP will assist the City in determining site eligibility per EPA requirements, review applicant remediation plans and regulator directives, review public comments on remediation plans, as applicable, oversee remediation projects from the City's perspective and may, in some cases, direct remediation projects. The QEP will serve as a valuable expert consultant to help the City ensure that funded remediation projects are conducted in accordance with state and federal environmental standards and improve the environmental health of the community. The QEP will also assist the City by providing advice to RLF staff and loan applicants about cost-effective means of achieving regulatory closure for hazardous and petroleum contaminated sites. Please see Exhibit A, continued on next page for the schedule of rates. Community Development Department of the City of National City USE PA Brownfields Revolving Loan Fund Grant Proposal No. P-8551 September 10, 2009 SCHEDULE OF FEES HOURLY CHARGES FOR PERSONNEL Principal Engineer/Geologist/Environmental Scientist $ 154 Senior Engineer/Geologist/Environmental Scientist $ 148 Senior Project Engineer/Geologist/Environmental Scientist $ 145 Certified Asbestos Consultant $ 120 Project Engineer/Geologist/Environmental Scientist $ 142 Senior Staff Engineer/Geologist/Environmental Scientist $ 128 Staff Engineer/Geologist/Environmental Scientist $ 120 GIS Analyst $ 120 CSST1/LIA2/LPM3 $ 110 Technical Illustrator/CAD Operator $ 78 Information Specialist $ 66 Data Processing, Technical Editing, or Reproduction $ 58 ENVIRONMENTAL FIELD EQUIPMENT/CONSUMABLES PID/FID Usage $ 120 /day 4-Gas Monitor $ 95 /day Hand Auger Kits $ 55 /day Level C Personal Protective Equipment (person/day [p/dj) $ 55 /p/d Level D Personal Protective Equipment (person/day [p/dj $ 25 /p/d Mileage4 . $ .505 /mi OTHER CHARGES Direct Project Expenses Cost plus 15 % Laboratory testing, geophysical equipment, and other special equipment provided upon request. INVOICES Invoices will be submitted monthly and are due upon receipt_ A service charge of 1.0 percent per month may be charged on accounts not paid within 30 days. 1. CSST = Certified Site Surveillance Technician 2. LPM = Lead Project Monitor 3. LIA = Lead Inspector/Assessor 4. Vehicle mileage charge wit be adjusted to reflect the current Internal Revenue Service rate. 5710 Ruffin Road San Diego, California 92123 (858) 576-1000 1 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 20, 2009 17 AGENDA ITEM NO (11:TEM TITLE A resolution approving an Agreement with E-2 Managetech Solutions, Inc. to\ serve as "Qualified Environmental Professional" for the City's Brownfield Revolving Loan Fund Program for a period of five years not to exceed $30,000. PREPARED BY DEPARTMENT Patricia Beard ext 4255 Y14151 Redevelopment Divisio Redevelopment Manager EXPLANATION The City of National City was awarded a $1 million grant by the US Environmental Protection Agency ("EPA") in order to establish a Revolving Loan Fund ("RLF") to assist with eligible remediation projects on properties contaminated by hazardous materials. As part of the RLF grant requirements from EPA, the City must retain a Qualified Environmental Professional to provide oversight for remediation projects not overseen by a state agency. In compliance with EPA procurement requirements, the City conducted a competitive Request for Qualifications ("RFQ") process including an invitation to minority, women -owned and disadvantaged businesses. E-2 Managetech Solutions, Inc, responded to the RFQ and is a qualified environmental professional firm, which received strong references during staff due diligence. Staff requests the City Council to consider approving an Agreement for QEP services for the RLF Program. \lease see the attached Background Report for a thorough explanation. Environmental Review Not applicable. Financial Statement The contract is not to exceed $30,000 during the five year period of the RLF grant and will be paid using federal grant funds. Account No STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION STRATEGIC GOAL: 2b) Aggressively seek funding from local, state and federal sources ATTACHMENTS 1. Background Report 2. Proposed Agreement Resolution No. RESOLUTION NO. 2009 — 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 E-2 MANAGETECH SOLUTIONS, INC, IN THE NOT -TO -EXCEED AMOUNT OF $30,000 TO SERVE AS A "QUALIFIED ENVIRONMENTAL PROFESSIONAL" FOR THE CITY'S BROWNFIELD REVOLVING LOAN FUND PROGRAM FOR A PERIOD OF FIVE YEARS WHEREAS, the City of National City has been awarded a $1 million grant from the United States Environmental Protection Agency to establish a Brownfield Revolving Loan Fund ("RLF") Program for the remediation of eligible properties contaminated with hazardous materials; and WHEREAS, terms of the grant require the City to retain a Qualified Environmental Professional to oversee City RLF-funded remediation projects where regulatory oversight will be provided by the County or City; and WHEREAS, in compliance with procurement requirements for the grant, the City issued a competitive Request for Qualifications for said Qualified Environmental Professional, including an invitation to minority owned, women -owned, and disadvantaged businesses; and WHEREAS, E-2 Managetech Solutions, Inc., responded to said Request for Qualifications and has been determined to be qualified by experience and ability to serve as Qualified Environmental Professional for the RLF Program for the not -to -exceed amount of $30,000 for a period of five years. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement by and between the City of National City and E-2 Managetech Solutions, Inc., in the not -to -exceed amount of $30,000 for a period of five years to provide services as a "Qualified Environmental Professional" to oversee remediation projects funded through the City's Brownfield Revolving Loan Fund Program. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of October, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney ATTACHMENT 1 BACKGROUND REPORT The City of National City was awarded $1 million, including a waiver of local matching requirements, by the EPA to establish a Revolving Loan Fund for eligible hazardous materials remediation projects. The grant period commenced on October 1, 2009 and will continue until September 30, 2014. Among the grant requirements to establish the RLF program for National City, is retaining a "Qualified Environmental Professional" to oversee remediation projects for which a state agency will not provide regulatory oversight. In most of the US a state agency, such as Cal -EPA or the Regional Water Quality Control Board, oversees all remediation projects, and is considered a "QEP" for grant purposes. However, in California certain remediation projects can receive regulatory oversight from the county Department of Environmental Health and, occasionally, from the City itself. In these instances of local oversight, the EPA requires an independent environmental consultant to review all remediation work plans prior to implementation using RLF funds. City staff is not qualified to provide this type of technical review. In keeping with grant requirements, staff issued an RFQ encouraging minority, women -owned, and disadvantaged businesses to apply to serve as QEP. Three qualified firms responded to the RFQ, including one minority -owned firm. Staff is recommending that all three firms, Stantec, E2 Managetech and Ninyo & Moore be retained. Because any contract for the actual remediation project would be more lucrative to the firms than the QEP oversight role, retaining all three firms provides an opportunity to the firms to bid on the actual remediation or to serve as environmental adviser to the National City CDC should RLF funds be used on a CDC -owned redevelopment site. Under the RLF program, the City can loan or sub -grant funds to the CDC for remediation. The total five year budget for the QEP oversight is $30,000 of the $1 million grant funding. About the RLF: More information about the RLF program is available on the City's website under "Redevelopment" and a brochure is available at the Redevelopment office. Parties interested in applying should contact Patricia Beard, Redevelopment Manager, at 619-336-4250. Both applicants and sites must be deemed eligible according to program requirements in order to receive a loan. AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND E2 MANAGETECH SOLUTIONS, INC. TO SERVE AS "QUALIFIED ENVIRONMENTAL PROFESSIONAL" FOR THE CITY'S BROWNFIELD REVOLVING LOAN PROGRAM FOR A PERIOD OF FIVE YEARS NOT TO EXCEED $30,000 THIS AGREEMENT is entered into this 20th day of October, 2009, by and between the CITY OF NATIONAL CITY, a community development commission (the "CITY"), and E2 MANAGETECH, INC, a environmental consultant (the "CONSULTANT"). RECITALS WHEREAS, the CITY has been awarded a $1 million grant by the United States Environmental Protection Agency ("EPA") to establish a Revolving Loan Fund for the remediation of eligible properties contaminated with hazardous wastes; and WHEREAS, the EPA requires that grantees retain a Qualified Environmental Professional ("QEP") to oversee remediation projects where the State will not serve as the lead regulator and oversight authority; and WHEREAS, the CITY conducted a competitive Request for Qualifications process in keeping with federal procurement standards and has determined that E2 Managetech, Inc. ("CONSULTANT") is an environmental consultant and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit " A The CONSULTANT 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 CONSULTANT 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 CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Daryl Hernandez thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A"shall not exceed $30,000 (the Base amount) without prior written authorization from the Executive Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit " A "as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. This agreement shall be in affect until October 30, 2014. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon 2 City's Standard Agreement — May 2008 revision request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT 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. 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'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 CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, 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 CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 3 City's Standard Agreement — May 2008 revision 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT's trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS.The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non- discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT 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, 4 City's Standard Agreement — May 2008 revision 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 CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT 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 CONSULTANT 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 CONSULTANT 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. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or 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 CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident\ Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of 5 City's Standard Agreement — May 2008 revision 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. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. 8. 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 CONSULTANT 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 CONSULTANT 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 CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT 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 CONSULTANT'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 CONSULTANT; (2) a reorganization of the CONSULTANT] for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Patricia Beard, Redevelopment Manager Community Development Commission of the City of National City 7 City's Standard Agreement— May 2008 revision To the CONSULTANT: 1243 National City Boulevard National City, CA 91950-4301 Daryl Hernandez, Principal E2 ManageTech, Inc. 12396 World Trade Center Dr., Suite 314 San Diego CA 92128 Telephone 858-217-5306 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CITY. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting require- ments of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT 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 CONSULTANT shall obtain from the City Clerk. The CONSULTANT 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 CONSULTANT. 23. 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. 8 City's Standard Agreement -- May 2008 revision Exhibit A Role and Costs for Qualified Environmental Professional For EPA Revolving Loan Fund Grant The QEP will serve as a member of the City's RLF team, coordinating and overseeing environmental projects and advising the City on regulatory matters. The QEP will assist the City m determining site eligibility per EPA requirements, review apphcant remediation plans and regulator directives, review public comments on remediation plans, as applicable, oversee remediation projects from the City's perspective and may, in some cases, direct remediation projects. The QEP will serve as a valuable expert consultant to help the City ensure that funded remediation projects are conducted in accordance with state and federal environmental standards and improve the environmental health of the community. The QEP will also assist the City by providing advice to RLF staff and loan applicants about cost-effective means of achieving regulatory closure for hazardous and petroleum contaminated sites. Please see Exhibit A, continued on next page for the schedule of rates. SCHEDULE OF FEES AND CHARGES ManageTech SOL UTIONS Personell Charges The charge for all time required in the performance of the Scope of Services, including office, field and travel time, will be at the Unit Price Hourly Rates set forth below for the labor classifications indicated. Labor Classification Clerk` Technical Assistant/Word Processor` Technician* Drafter/Illustrator* Technical Editor* Senior Drafter/Illustrator* Senior Technician* Lab/Field Supervisor* Assistant Staff Professional Staff Professional Senior Staff Professional Assistant Project Professional Project Professional '^nior Project Professional insulting Professional Jnior Consulting Professional PrincipaVSenior Principal Hourly Rate $ 50.00 $ 70.00 $ 80.00 $ 80.00 $ 80.00 $ 80.00 $ 90.00 $ 90.00 $ 80.00 $ 90.00 $ 100.00 $ 110.00 $ 120.00 $ 130.00 $ 140.00 $ 150.00 $ 160.00 Charges for contract personnel under E2 ManageTech, Inc. supervision and using E2 ManageTech, Inc. facilities will be made according to the hourly rate corresponding to their classification. Overtime worked in excess of eight (8) hours per day by exempt personnel will be charged at the above straight time hourly rate. Non-exempt (*) 15 1.5x rate. Special project accounting reporting and financial services, including submission of invoice support documentation will be charged accordingly. When E2 ManageTech, Inc. staff appear as expert witnesses at court trials, mediation, arbitration hearings, and depositions, their time will be charged at 1.5 times the rate schedule . Preparation for these shall be charged at the above standard hourly rates. Subcontracts and Equipment Rental The cost of services subcontracted by E2 ManageTech, Inc. to others, including but not limited to: chemical analysis, test borings, speciality contractors, surveyors, consultants, and equipment rental; e.g., backhoes, bulldozers, and test apparatus, etc., will be charged at cost plus 10%. Communications The cost of communications including telephone, telex facsimile, routine postage and incidental copying costs will be charged at cost. Computers The charge for use of Computer Aided Design and Drafting (GADD), Graphics generation, modeling applications and similar technical computing is $40.00 per hour. Document Reproduction In-house reproduction will be charged at $.20 a page for black & white and $1.15 a page for color for letter, legal, and 11 x 17 size copies. See attached for outside reproduction costs. Other Any other direct costs not specifically discussed herein will be charged at cost. Vehicles and Mileage Field vehicles (pick-ups, vans, trucks, etc.) used on project assignments will be charged at the IRS rate per mile. Payment E2 ManageTech, Inc. shall submit progress invoices to Client showing the services performed during the invoice period and the charges. Within thirty (30) days after receipt of an invoice, Client shall pay the full amount of the invoice; however, if Client objects to all or any portion of any invoice, it shall so notify E2 ManageTech, Inc. of the same within fifteen (15) days from date of receipt of invoice and shall pay that portion of the invoice not in dispute. The parties shall immediately make every effort to settle the disputed portion of the invoice. This fee schedule contains confidential business information and is not to be copied or distributed for any purpose other than the use intended in this contract or proposal. E2 ManageTech, Inc. Company Confidential 10/13/2009 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 20. 2009 AGENDA ITEM NO. 18 (ITEM TITLE A resolution approving an Agreement with Stantec Consulting Inc. to serve as "Qualified Environmental Professional" for the City's Brownfield Revolving Loan Fund Program for a period of five years not to exceed $30,000. PREPARED BY ()pr Patricia Beard ext 4255 A Redevelopment Manager DEPARTMENT ,�,� Redevelopment Division EXPLANATION The City of National City was awarded a $1 million grant by the US Environmental Protection Agency ("EPA") in order to establish a Revolving Loan Fund ("RLF") to assist with eligible remediation projects on properties contaminated by hazardous materials. As part of the RLF grant requirements from EPA, the City must retain a Qualified Environmental Professional to provide oversight for remediation projects not overseen by a state agency. In compliance with EPA procurement requirements, the City conducted a competitive Request for Qualifications ("RFQ") process including an invitation to minority, women -owned and disadvantaged businesses. Stantec Consulting, Inc, responded to the RFQ and is a qualified environmental professional firm, which received strong references during staff due diligence. Staff requests the City Council to consider approving an Agreement for QEP services for the RLF Program. Please see the attached Background Report for a thorough explanation. Environmental Review Not applicable. Financial Statement The contract is not to exceed $30,000 during the five year period of the RLF grant and will be paid using federal grant funds. Account No STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION STRATEGIC GOAL: 2b) Aggressively seek funding from local, state and federal sources ATTACHMENTS 1. Background Report 2. Proposed Agreement Resolution No. RESOLUTION NO. 2009 — 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 STANTEC CONSULTING, INC., IN THE NOT -TO -EXCEED AMOUNT OF $30,000 TO SERVE AS A "QUALIFIED ENVIRONMENTAL PROFESSIONAL" FOR THE CITY'S BROWNFIELD REVOLVING LOAN FUND PROGRAM FOR A PERIOD OF FIVE YEARS WHEREAS, the City of National City has been awarded a $1 million grant from the United States Environmental Protection Agency to establish a Brownfield Revolving Loan Fund ("RLF") Program for the remediation of eligible properties contaminated with hazardous materials; and WHEREAS, terms of the grant require the City to retain a Qualified Environmental Professional to oversee City RLF-funded remediation projects where regulatory oversight will be provided by the County or City; and WHEREAS, in compliance with procurement requirements for the grant, the City issued a competitive Request for Qualifications for said Qualified Environmental Professional, including an invitation to minority owned, women -owned, and disadvantaged businesses; and WHEREAS, Stantec Consulting, Inc., responded to said Request for Qualifications and has been determined to be qualified by experience and ability to serve as Qualified Environmental Professional for the RLF Program for the not -to -exceed amount of $30,000 for a period of five years. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement by and between the City of National City and Stantec Consulting, Inc., in the not -to -exceed amount of $30,000 for a period of five years to provide services as a "Qualified Environmental Professional" to oversee remediation projects funded through the City's Brownfield Revolving Loan Fund Program. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of October, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney ATTACHMENT 1 BACKGROUND REPORT The City of National City was awarded $1 million, including a waiver of local matching requirements, by the EPA to establish a Revolving Loan Fund for eligible hazardous materials remediation projects. The grant period commenced on October 1, 2009 and will continue until September 30, 2014. Among the grant requirements to establish the RLF program for National City, is retaining a "Qualified Environmental Professional" to oversee remediation projects for which a state agency will not provide regulatory oversight. In most of the US a state agency, such as Cal -EPA or the Regional Water Quality Control Board, oversees all remediation projects, and is considered a "QEP" for grant purposes. However, in California certain remediation projects can receive regulatory oversight from the county Department of Environmental Health and, occasionally, from the City itself. In these instances of local oversight, the EPA requires an independent environmental consultant to review all remediation work plans prior to implementation using RLF funds. City staff is not qualified to provide this type of technical review. In keeping with grant requirements, staff issued an RFQ encouraging minority, women -owned, and disadvantaged businesses to apply to serve as QEP. Three qualified firms responded to the RFQ, including one minority -owned firm. Staff is recommending that all three firms, Stantec, E2 Managetech and Ninyo & Moore be retained. Because any contract for the actual remediation project would be more lucrative to the firms than the QEP oversight role, retaining all three firms provides an opportunity to the firms to bid on the actual remediation or to serve as environmental adviser to the National City CDC should RLF funds be used on a CDC -owned redevelopment site. Under the RLF program, the City can loan or sub -grant funds to the CDC for remediation. The total five year budget for the QEP oversight is $30,000 of the $1 million grant funding. About the RLF: More information about the RLF program is available on the City's website under "Redevelopment" and a brochure is available at the Redevelopment office. Parties interested in applying should contact Patricia Beard, Redevelopment Manager, at 619-336-4250. Both applicants and sites must be deemed eligible according to program requirements in order to receive a loan. AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND STANTEC CONSULTING, INC. TO SERVE AS "QUALIFIED ENVIRONMENTAL PROFESSIONAL" FOR THE CITY'S BROWNFIELD REVOLVING LOAN PROGRAM FOR A PERIOD OF FIVE YEARS NOT TO EXCEED $30,000 THIS AGREEMENT is entered into this 20th day of October, 2009, by and between the CITY OF NATIONAL CITY, a community development commission (the "CITY"), and STANTEC CONSULTING CORPORATION, a environmental consultant (the "CONSULTANT"). RECITALS WHEREAS, the CITY has been awarded a $1 million grant by the United States Environmental Protection Agency ("EPA") to establish a Revolving Loan Fund for the remediation of eligible properties contaminated with hazardous wastes; and WHEREAS, the EPA requires that grantees retain a Qualified Environmental Professional ("QEP") to oversee remediation projects where the State will not serve as the lead regulator and oversight authority; and WHEREAS, the CITY conducted a competitive Request for Qualifications process in keeping with federal procurement standards and has determined that STANTEC CONSULTING CORPORATION ("CONSULTANT") is an environmental consultant and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit " A ". The CONSULTANT 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 CONSULTANT 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 CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Carole Farr thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A"shall not exceed $30,000 (the Base amount) without prior written authorization from the Executive Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit " A "as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. This agreement shall be in affect until October 30, 2014. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. 2 City's Standard Agreement - May 2008 revision The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT 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. 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'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 CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, 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 CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 3 Citys Standard Agreement - May 2008 revision 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT's trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings conceming the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS.The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT 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) 4 City's Standard Agreement— May 2008 revision is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT 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 CONSULTANT 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 CONSULTANT 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. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or 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 CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. 5 City's Standard Agreement — May 2008 revision E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any Toss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. 1f required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not Tess than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the National City Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the National City Risk Manager. If the CONSULTANT 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. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. 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 6 City's Standard Agreement - May 2008 revision 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. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT 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 CONSULTANT 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 CONSULTANT 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 CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT 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 CONSULTANT'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 CONSULTANT; (2) a reorganization of the CONSULTANT] for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: To the CONSULTANT: Patricia Beard, Redevelopment Manager Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 7 Citys Standard Agreement — May 2008 revision Carole Farr, Principal Geologist Stantec Consulting Corporation 2655 Camino del Rio N., Suite 302 San Diego CA 92108 Telephone 619-296-6195 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CITY. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT 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 CONSULTANT shall obtain from the City Clerk. The CONSULTANT 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 CONSULTANT. 23. 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. 8 City's Standard Agreement — May 2008 revision 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. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: STANTEC CONSULTING CORPORATION (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one signature) By: At-it(4',2/ 1 c� (Name) eYrt'd gec?10 i frsk (Title) by /:j_y'/2,Y4/ 9 City's Standard Agreement — May 2008 revision George H. Eiser, III Legal Counsel (Name) P n j (Title) U 10 Citys Standard Agreement — May 2008 revision Exhibit A Role and Costs for Qualified Environmental Professional For EPA Revolving Loan Fund Grant The QEP will serve as a member of the City's RLF team, coordinating and overseeing environmental projects and advising the City on regulatory matters. The QEP will assist the City in determining Site eligibility per EPA requirements, review applicant remediation plans and regulator directives, review public comments on remediation plans, as applicable, oversee remediation projects from the City's perspective and may, in some cases, direct remediation projects. The QEP will serve as a valuable expert consultant to help the City ensure that funded remediation projects are conducted in accordance with state and federal environmental standards and improve the environmental health of the community. The QEP will also assist the City by providing advice to RLF staff and loan applicants about cost-effective means of achieving regulatory closure for hazardous and petroleum contaminated sites. Please see Exhibit A, continued on next page for the schedule of rates. STANTEC 2009 RATE SCHEDULE ENVIRONMENTAL PRACTICE AREA Stantec STANTEC 2009 SCHEDULE OF HOURLY RATES AND DISBURSEMENTS (Page 1 of 3} Charges for all professional, technical, and administrative staff directly charging time to the project will be calculated and billed on the basis of the following schedule. Billing Level Level 1 Staff Member Title Civil/Scientist intern Rate Per Hour $46 Level 2 Administrative $52 Level 3 Administrative I $58 Level 4 Administrative Ii CADD Technician I Research Technician $65 Levels Administrative III CADD Technician I Permitting Technician $72 Level 6 Administrative IV CADD Technician I, II Assistant Eng/Scientist $79 Level 7 CADD Technician II Staff Engineer/Scientist I $86 Level 8 Design Engineer CADD Technician II, III Staff Engineer/Scientist II $94 Level 9 Design Engineer CADD Technician I11 Civil Designer $102 Level 10 Project Engineer I CADD/GIS Tech IV Civil Designer $112 Level 11 Project Engineer II Civil Designer Sc. Civil Designer $122 Level 12 Associate Engineer Project Manager I Senior Civil Designer $133 Level 13 Associate Engineer II Project Manager iI Principal I $146 Level 14 Senior Engineer Sr. Project Manager Principal 11 $157 Level 15 Senior Engineer II Sr. Project Manager Senior Principal I $168 Level 16 Principal Engineer Sr. Project Manager Senior Principal II $181 Level 17 Sr. Principal Engineer Sr. Project Manager Managing Principal $210 Level 18 Chief Engineer/Scientist $247 Level 19 Technical Director $347 Expert Witness Si Services carry a 50% premium on labor. Overtime will be charged at 1.5 times the standard billing rate. All labor rates will be subject to annual increase. Other Direct Disbursements: Vehicle Mileage Prevailing IRS Rate Subcontract Services Actual Cost +15% Travel/Per Diem Actual Cost +15% Per Diem $ 150/day Capital Purchases and Expendable Materials Actual Cost+15% Express Delivery and Shipping Actual Cost+15% Standard Field Equipment (See Attached Schedule) Protect Expenses: This charge wfl be 8% of fees invoiced and will include' • Internal incidental printing -related expenses including all output from printers, prints, photocopies, plots. film, vellum, plastic covers, spines, dividers, and map pockets. • Communicarrons expenses including faxes, office and mobile phones, calling card expenses, pagers, and other wireless communications. • Office related expenses Including postage, courier. supplies and equipment expenses. • Computer maintenance expenses and supplies, and use of common software such as AutoCad, Word, Excel and PowerPoint. • Maintenance of archives, both electronic and hardcopy, including space and handling. lArropmaI \O-Rate Scheduks\Srmi= 2009 MASTER ER Rate SchnOde Table 3 w TAles.doc STANTEC 2009 RATE SCHEDULE ENVIRONMENTAL PRACTICE AREA Stantec STANTEC 2009 SCHEDULE OF HOURLY RATES AND DISBURSEMENTS (Page 2 of 3) Standard Field Equipment: Standard Field Equipment Third Party Rental Equipment Rate Actual Cost+15% 2° Grundfos Pump $100/day Air Sampling Pump $45/day Air Sparge Pilot Study Kt $60/day Anemometer/Manometer $25/day Bailer - Disposable $10leach Centrifugal Ptmp $45/day Color Copies (8.5 x 11) $1.251copy Color Copies (11X17) $2/copy Color Copies (Plotter CI0 size) $10/copy Color Copies (Plotter C/O size) $15/copy Combination Gas Detector (LELIO21CO/H2S) $65/day Compressor $60/day Conductivity Meter/Probe $15/day Data Logger $140/day Data Logger Pressure Transducer $30/each Delineators/Cones/Flags/Snow Fence $551day Digital Camera $25/day Dissolved Oxygen Meter $80/day DOIORP/Temp/Cond. Meter $100/day Dosimeter w/Data Logger $45/day Dreager Bellows/Pumps (Tubes not Included) $30/day Drum - 55 Gallons $55/each Electric Generator $60/day Field Computer $251day Field Truck (Heavy Duty) $150/day Field Truck/Van $851day Field Vehicle Mileage Prevailing IRS Rate Gasoline/Diesel Generator $75/day Flame Ionization Detector (FID) $130/day Geo-Squirt Pump $25/day GPS Unit $30/day Groundwater submersible Pump $60/day Groundwater Test IGts $55/day Hand Auger $30/day Hand Auger w/Slide Hammer $40/day Hach Ferrous Iron Test Kit $5/each Hach Hydrogen Peroxide Test le $51each Homba $15/day Hydac Meter $15lday LEL/02 Meter $5 y Level C Safety Equipment $85 y Locking Well Cap - 2' $25/each Locking Well Cap - 4' $30/each Magnehelic Meter $20lday Magnetometer $5D/day Metal Detector $15lday Oil/Water Interface Probe $55/day Organic Vapor Meter (OVMyOrganic Vapor Analyzer (OVA) $65/day Oversized B&W Plots $8/each Oversized Color Plots $15leach Ozone Sensor/Meter $55/day Penebnmeter _ _ $30/day Peristaltic Pump $50/day pH/Temp/Conductivity Meter/Temperature Meter $25/day Photolonizatlon Detector (PID) $110/day Safety Equipment — Level B $165/day ElProposal550-Rats Schedales35taota 2009 MASTER ER Rme Seheduk Tebk 3 ay Ti(]n.doc STANTEC 2009 RATE SCHEDULE ENVIRONMENTAL PRACTICE AREA Stantec STANTEC 2009 SCHEDULE OF HOURLY RATES AND DISBURSEMENTS (Page 3 of 3) Standard Field Equipment (continued): Standard Field Equipment Safety Equipment — Level C Rate $85/da�_ Safety Equipment— Modified Level D $50/day Sampling Supplies/Disposables (Wells) $25/each Soil Gas Probe and Air Pump $35/each Soil Sample Ring/Tube/Sleeve $5/each Sofl Sample Jars (Large) $7/each Soil & Groundwater Test Kits (PCB/TPH/Pentachlorophenol $60/each Survey Level and Transit $851day Surge Block $25/day SVE Equipment $300/day Tedlar Bag $15/each Temperature Meter $15/day Turbidity Meter $30/day Vacuum Pump $451day Vapor Extraction Pilot Study Kit $60/day VE Blower (Portable Unit) $55/day Well Locks $20/each Water Level Indicator $25/day Water Pump Generator (Electric/Gas) $60/day Well Sampling/Purging Pump $451day I:Troposals4-Rate Sd edalesl9amoc 1009 MASTER ER Rats Sctcduk Table 3 w Tides.dcc City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 20, 2009 AGENDA ITEM NO. 19 ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to sign an agreement for Motorist Aid and Safety Grant funding in the amount of $7,526.66 for the reimbursable grant purchase of rescue equipment for the National City Fire Department from the Fiscal Year 2009/2010 San Diego Service Authority for Freeway Emergencies Grant Program PREPARED BY Walter Amedee, ' DEPARTMENT Fire Homeland Security Manager EXPLANATION The San Diego Service Authority for Freeway Emergencies (SAFE) has announced that the National City Fire Department has been awarded a grant in the amount of $7,526.66 for the purchase of rescue equipment. The "Motorist Aid and Safety Grant" is a reimbursable grant program that will be used to purchase rescue equipment. The program requires the City to purchase the rescue equipment, prior to requesting reimbursement. Staff recommends the utilization of $7,526.66 of City funds for the purchase of rescue equipment for the Fire Department, and to request reimbursement for such equipment from SAFE. This program was a competitive grant that required agencies to complete an application justifying the use of funds. Environmental Review NIA Financial Statement Approved By. rinance Director The San Diego Service Authority for Freeway Emergencies Grant Program is a reimbursable grant that requires jurisdictions to order and receive equipment prior to being reimbursed for expenditures. Account No. /32 - 412 - q'5 -- STAFF RECOMMENDATION Staff recommends the purchase of equipment from the FY 2009/2010 San Diego SAFE Grant utilizing $7,526.66 in City funds. Direct staff to submit reimbursement forms to the San Diego SAFE Grant Program. BOARD 1 COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Agreement for Motorist Aid and Safety Project Grant Funding Resolution Resolution No. A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SAN DIEGO SERVICE AUTHORITY FOR FREEWAY EMERGENCIES FOR REIMBURSABLE GRANT FUNDS IN THE AMOUNT OF $7,526.66 FROM THE MOTORIST AID AND SAFETY GRANT PROGRAM FOR THE NATIONAL CITY FIRE DEPARTMENT TO PURCHASE RESCUE EQUIPMENT WHEREAS, the San Diego Service Authority for Freeway Emergencies (SAFE) awarded the National City Fire Department $7,526.66 from the Motorist Aid and Safety Grant Program; and WHEREAS, the Fire Department desires use the grant funds for the purchase of rescue equipment; and WHEREAS, this is a reimbursable grant program that requires the City to purchase the rescue equipment prior to requesting the reimbursement of grant funds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with the San Diego Service Authority for Freeway Emergencies for reimbursable grant funds in the amount of $7,526.66 from the Motorist Aid and Safety Grant Program for the Fire Department to purchase rescue equipment. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of October, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney San Diego Service Authority For Freeway Emergencies Managed by: TeleTran Tek Services 9167 Chesapeake Drive San Diego, California 92123 (858) 279-1299 (858) 279-8424 FAX Board of Directors Ann Kulchin, Chair Hal Ryan, Vice Chair Carl DeMaio Bill Horn Sherri Lightner Ron Roberts Diane Rose Executive Director Edward S. Castoria, M.A., J.D. TeleTran Tek Services Email:eddie@tcubed.net Web Page www.sdcallbox.org Member Agencies County of San Diego Carlsbad Chula Vista Coronado Del Mar El Cajon Encinitas Escondido Imperial Beach La Mesa Lemon Grove National City Oceanside Poway San Diego San Marcos Santee Solana Beach Vista CAUFOANNI'S I IIIST SAFE AGREEMENT FOR MOTORIST AID AND SAFETY PROJECT GRANT FUNDING This agreement is made as of this 10th day of September, 2009 by and between the San Diego Service Authority for Freeway Emergencies ("SAFE") and City of National City Fire Department. RECITALS WHEREAS, City of National City Fire Department submitted a grant funding proposal for a FY 2009/2010 Motorist Aid and Safety Project (the Project); and WHEREAS, the SAFE Board of Directors approved the Project for funding at its September 10, 2009 meeting; NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions contained herein, the parties agree as follows: 1. A copy of City of National City Fire Department's proposal is attached hereto and incorporated by reference as Appendix "A". 2. SAFE will provide grant funding for actual costs for goods, labor and/or services stated in City of National City Fire Department's proposal in an amount not to exceed $7,526.66. SAFE will provide said funding when funds become available after September 10. 2009 upon presentation by City of National City Fire Department of either a Purchase Order or Vendor Invoice approved by the City of National City Fire Department's Project Officer. Grant funds may only be used for legitimate Project expenses as delineated in the proposal. 3. Documents may be sent or delivered to SAFE at the following address: San Diego Service Authority for Freeway Emergencies C/o TeleTran Tek Services ATTN: Edward Steven Castoria, SAFE Executive Director 9167 Chesapeake Drive San Diego, California 92123 4. SAFE is serving solely as a funding source for the Project. Provision of that funding does not in any way obligate SAFE to provide any further funding for the project, nor does it make SAFE in any way responsible for City of National City Fire Department's use of the goods, labor and/or services provided to City of National City Fire Department under this grant funding. 5. SAFE, TeleTran Tek Services, and the County of San Diego shall not be liable for, and City of National City Fire Department shall defend, indemnify and hold them and each of them harmless from, any and all claims, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (hereinafter collectively referred to as "Claims"), related to the work covered by this agreement arising either directly or indirectly from any act, error, omission or negligence of City of National City Fire Department or its contractors, licensees, agents, servants or employees, including, without limitation, Claims caused by the concurrent negligent act, error or omission, whether active or passive, of SAFE, TeleTran Tek Services, or the County of San Diego, or their agents or employees. However, City of National City Fire Department shall have no obligation to defend or indemnify SAFE, TeleTran Tek Services, or the County of San Diego from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of SAFE, TeleTran Tek Services, or the County of San Diego or their agents or employees. SAN DIEGO SERVICE AUTHORITY CITY OF NATIONAL CITY FIRE FOR FREEWAY EMERGENCIES DEPARTMENT EDWARD STEVEN CASTORIA Ron Morrison, Mayor SAFE Executive Director TeleTran Tek Services DATE: at/3° I Z 9 DATE: By APPROVED AS TO FORM AND LEGALITY JOHN J. SANSONE, COUNTY COUNSEL By DATE: WILt( L AM SMITH SAFE COUNSEL By City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 20. 2009 AGENDA ITEM NO. 20 ITEM TITLE Resolution of the City Council of the City of National City authorizing funds in the amount of $103,976 for the reimbursable grant purchase of equipment and training for the Police and Fire Departments from the FY09 State Homeland Security Grant Program PREPARED BY Walter A d GJ� a ter me ee, Homeland Security Manager DEPARTMENT Fire/Po EXPLANATION The FY09 State Homeland Security Grant Program was designed to supplement the purchase of equipment, training, exercises, and planning for police and fire personnel. The San Diego County Office of Emergency Services coordinated the requests for equipment, training, exercises, and planning. National City's portion of the grant totaled $103,976 (i.e. $52,976 for equipment, $10,000 for training, and $41,000 for the Emergency Management Preparedness Program (EMPP))_ The equipment and training funds will be divided evenly between the City's Police and Fire Department. The EMPP funds will be used to complete an update of the City's Emergency Operations Plan and Evacuation Plan, establish a Community Emergency Response Team (CERT) Program, and conduct pertinent training and exercises. This grant program requires the City to incur expenses, and then apply for reimbursement. In order to be eligible for reimbursement, the Police and Fire Department must order and/or receive the items prior to the October 31, 2010 deadline. Staff recommends the utilization of $103,976 of City funds for equipment, training, exercises, and planning for the Police and Fire Departments, and to request reimbursement for such expenses from the San Diego County Office of Emergency Services. Environmental Review Ni N/A Financial Statement Approved By: finance Director No negative impact; FY09 State Homeland Security Grant Program is a reimbursable grant that requires jurisdictions incur expenses prior to being reimbursed for expenditures. Account No. ,2-4i1 -OM .' f);2 -412 -6N4-- STAFF RECOMMENDATION Staff recommends the utilization of $103,976 of City funds for the Police Department and Fire Department. Direct Staff to submit reimbursement forms to the San Diego County Office of Emergency Services. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) FY09 SHSG Proposed Distribution List Resolution Resolution No. A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING FUNDS IN THE TOTAL AMOUNT OF $103,976 FOR THE REIMBURSABLE GRANT PURCHASE OF EQUIPMENT ($52,976), TRAINING ($10,000), AND FOR THE EMERGENCY MANAGEMENT PREPAREDNESS PROGRAM ($41,000) TO BE DIVIDED EQUALLY BETWEEN THE POLICE AND FIRE DEPARTMENTS FROM THE FISCAL YEAR 2009 HOMELAND SECURITY GRANT PROGRAM WHEREAS, the Fiscal Year 2009 Homeland Security Grant Program was designed to supplement the purchase of equipment, training, exercises, and planning for police and fire personnel; and WHEREAS, National City's portion of the grant funds totaled $103,976, which will be divided equally between the police and fire departments; and WHEREAS, this grant program requires the City to incur expenses, and then apply for reimbursement through the San Diego County Office of Emergency Services; and WHEREAS, to ensure that the Fire and Police Departments' equipment is purchased prior to the grant deadline of October 31, 2010, the grant funds must be used to order and/or receive equipment prior to that deadline, to enable staff to claim reimbursement out of the grant funding in a timely manner: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the utilization of $103,976 of City funds for equipment, training, exercises, and planning for the Fire and Police Departments, and directs staff to request reimbursement for such expenditures from San Diego County Office of Emergency Services. PASSED and ADOPTED this 20th day of October, 2009. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney County of San Diego Office of Emergency Services FY09 State Homeland Security Program Proposed Distributions CITIES Cities Non -LE Allocation 25% LE Allocation EMPP Allocation Total Allocation Carlsbad $105,823 $32,077 $47,500 $185,400 Chula Vista $59,471 $68,059 $86,800 $214,330 Coronado $40,813 $12,273 $0 $53,086 Del Mar $16,908 .` $0 $21,600 $38,508 El Cajon $19,240 $36,261 $16,500 $72,001 Encinitas $41,688 $0 $39,446 $81,134 Escondido $115,151 $47,418 $46,270 $208,839 Imperial Beach $18,366 ( $27,800 $46,166 La Mesa $25,654 $18,967 $28,400 $73,021 Lemon Grove $6,122 $15,800 $21,922 National City $37,315 $25,661 $41,000 $103,976 Oceanside $103,782 $61,364 $21,000 $186,146 Port of SD (HPD) $0 $40,166 $0 $40,166 Poway* (declined) $80,169 s: < < $0 $0 $80,169 San Diego $229,175 $593,281 $149,400 $971,856 San Marcos $58,888 0 $39,500 $98,388 Santee $16,325 $0 $106,300 $122,625 Solana Beach $11,078 $0 $21,600 $32,678 Vista $67,050 $0 $109,496 $176,546 SUBTOTALS $1,053,018 $935,527 $818,412 $2,806,957 LE = Law Enforcement *Poway allocation added to regional projects. FY09 SHSP Final Distribution Cities/SHSP - All rev_ 06/23/09 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 20, 2009 AGENDA ITEM NO. 21 (ITEMTITLE Resolution of the City Council of the City of National City authorizing the submission of"\ (ITEM the Grant Assurances for the FY09 State Homeland Security Grant Program PREPARED BY Walter Amedee, l DEPARTMENT Fir Homeland Security Manager %Police EXPLANATION The FY09 State Homeland Security Grant Program was designed to supplement the purchase of equipment, training, exercises, and planning for police and fire personnel. The FY09 State Homeland Security Grant Program consists of the State Homeland Security Program (SHSP), Law Enforcement Terrorism Prevention Program (LETPP), and the Metropolitan Medical Response System (MMRS). The San Diego County Office of Emergency Services coordinates requests for equipment, training, exercises, and planning on behalf of the City of National City. In order to receive grant funds, National City must authorize the submission of the Grant Assurances for the FY09 State Homeland Security Grant Program. The FY09 State Homeland Security Grant Program is a reimbursable grant that requires jurisdictions to incur expenses prior to being reimbursed for expenditures by the County Office of Emergency Services. Environmental Review V N/A Financial Statement Approved By: nance Director No negative impact; FY09 State Homeland Security Grant Program is a reimbursable grant that requires jurisdictions to incur expenses prior to being reimbursed for expenditures. Account No. STAFF RECOMMENDATION Staff recommends authorizing the submission of the Grant Assurances for the FY09 State Homeland Security Grant Program. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) California Emergency Management Agency FY09 Grant Assurances Resolution Resolution No. A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE SUBMISSION OF THE GRANT ASSURANCES FOR THE FISCAL YEAR 2009 STATE HOMELAND SECURITY GRANT PROGRAM WHEREAS, the Fiscal Year 2009 State Homeland Security Grant Program was designed to supplement the purchase of equipment, training, exercises, and planning for police and fire personnel; and WHEREAS, the 2009 State Homeland Security Grant Program consists of the State Homeland Security Grant Program ("SHSP"), Law Enforcement Terrorism Prevention Program ("LETPP"), and the Metropolitan Medical Response System ("MMRS"); and WHEREAS, the San Diego County Office of Emergency Services coordinates requests for equipment, training, exercises, and planning on behalf of the City of National City; and WHEREAS, in order to receive grant funds, the City Council must authorize the submission of the Grant Assurances for the Fiscal Year 2009 State Homeland Security Grant Program, which is a reimbursable grant that requires jurisdictions to incur expenses prior to being reimbursed for expenditures by the County Office of Emergency Services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the submission of the Grant Assurances for the Fiscal Year 2009 State Homeland Security Grant Program. PASSED and ADOPTED this 20th day of October, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Name of Applicant: Address: California Emergency Management Agency FY09 Grant Assurances (All HSGP Applicants) city of National City 1243 National City Boulevard City: National City State: CA Zip Code: 91 950 Telephone Number: ( 6 1 9) 336-4556 Fax Number: E-Mail Address: (619) 336-4562 wamedee@nationalcityca.gov As the duly authorized representative of the applicant, I certify that the applicant named above: Has the legal authority to apply for Federal assistance and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the grant provided by the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) and sub -granted through the State of California, California Emergency Management Agency (Cal EMA). 2. Will assure that grant funds arc used for allowable, fair, and reasonable costs only and will not be transferred between programs (State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System) or fiscal years. 3. Will comply with any cost sharing commitments included in the FY09 Investment Justifications submitted to DHS/FEMA/Cal EMA, where applicable. 4. Will give the Federal government, the General Accounting Office, the Comptroller General of the United States, the State of California, through any authorized representative, access to, and the right to examine, all paper or electronic records, books, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards and/or awarding agency directives. 5. Agrees that funds utilized to establish or enhance State and Local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines and achievement of a baseline level of capability as defined by the Fusion Capability Planning Tool. 6. Will provide progress reports, and other such information as may be required by the awarding agency, including the Initial Strategy Implementation Plan (ISIP) within 45 (forty-five) days of the award, and update via the Grant Reporting Tool (GRT) twice each year. 7. Will initiate and complete the work within the applicable time frame after receipt of approval from Cal EMA. Page 1 Initials 8. Will maintain procedures to minimize the time elapsing between the award of funds and the disbursement of funds. 9. Will comply with all provisions of DHS/FEMA's codified regulation 44, including Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, including the payment of interest earned on advances. 10. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of, personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family, business, or other ties. 11. Agrees that, to the extent contractors or subcontractors are utilized, grantees and subgrantecs shall use small, minority, women -owned, or disadvantaged business concerns and contractors or subcontractors to the extent practicable. 12. Will notify Cal EMA of any developments that have a significant impact on award -supported activities, including changes to key program staff. 13. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § § 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 14. Understands and agrees that Federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval from DHS/FEMA/Cal EMA. 15. Will comply with all Federal Statues relating to Civil Rights and Nondiscrimination. These include, but are not limited to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which prohibits discrimination on the basis of race, color or national origin. b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and 1685-1686), which prohibits discrimination on the basis of gender. c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps. d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age. e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse. f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records. h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing. i. Title 44 Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination. Page 2 Initials 42. j. The requirements on any other nondiscrimination provisions in the specific statute(s) under which the application for Federal assistance is being made. k. Will, in the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin, gender, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. 1. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. m. Will comply, and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements and all other provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1. 16. Will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. [P.L. 91-646]) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs. These requirements apply to all interested in real property acquired for project purposes regardless of Federal participation in purchases. Will also comply with Title 44 CFR, Part 25, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally -assisted programs. 17. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is ten thousand dollars ($10,000) or more. 18. Will comply with all applicable Federal, State, and Local environmental and historical preservation (EHP) requirements. Failure to meet Federal, State, and Local EHP requirements and obtain applicable permits may jeopardize Federal funding. Will comply with all conditions placed on any project as the result of the EHP review; any change to the scope of work of a project will require reevaluation of compliance with these EHP requirements. 19. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval of DHS/FEMAJCa1 EMA, including, but not limited to, communications towers, physical security enhancements, new construction and modifications to buildings that are fifty (50) years old or more. Any construction related activities initiated prior to full EHP review will result in a noncompliance finding. If ground -disturbing activities occur during the project implementation, the recipient must ensure monitoring of the disturbance. If any potential archeological resources are discovered, the recipient will immediately cease activity in that area and notify DHS/FEMA/Cal EMA and the appropriate State Historic Preservation Office. 20. Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized in the accomplishment of this project, are not on the Environmental Protection Agency's (EPAs) List of Violating Facilities, and will notify Cal EMA and the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating if a facility to be used in the project is under consideration for listing by the EPA. Page 3 Initials A% 21. Will provide any information requested by DHS/FEMA/Cal EMA to ensure compliance with applicable laws, including the following: a. Institution of environmental quality control measures under the National Environmental Policy Act, National Historical Preservation Act, Archaeological and Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (EO12898) and Environmental Quality (EO11514). b. Notification of violating facilities pursuant to EO 11738. c. Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.). d. Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.). e. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523). f. California Environmental Quality Act (CEQA). California Public Resources Code Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3 Section 15000-15007. g. Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.) related to protecting components or potential components of the national wild and scenic rivers system. h. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 22. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447, and 2448. 23. Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the U.S. Department of Homeland Security." The recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." 24. Acknowledges that DHS/FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a) the copyright in any work developed under an award or sub -award; and b) any rights of copyright to which a recipient or sub -recipient purchases ownership with Federal support. 25. The recipient agrees to consult with DHS/FEMA/Cal EMA regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 26. Has requested through the State of California, Federal financial assistance to be used to perform eligible work approved in the submitted application for Federal assistance and after the receipt of Federal financial assistance, through the State of California, agrees to the following: a. Promptly return to the State of California all the funds received which exceed the approved, actual expenditures as accepted by the Federal or State government. Page 4 Initials AV b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per Federal Fiscal Year. 27. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 28. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 29. Will comply, if applicable, with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 30. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 31. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. 32. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a to 276a-7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for Federally assisted construction sub -agreements. 33. Agrees that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the snaking of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. b. If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or an employee of Congress, or employee of a Member of Congress in connection with the Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. c. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a Page 5 Initials1P prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 34. Agrees that equipment acquired or obtained with grant funds: a. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant, and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. 35. Agrees that funds awarded under this grant will be used to supplement existing funds for program activities, and will not supplant (replace) non -Federal funds. 36. Will comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A102 and A-133, E.O. 12372 and the current Administrative Requirements, Cost Principles, and Audit Requirements. Will also comply with Title 28, Code of Federal Regulations, Parts 66 and 70, that govern the application, acceptance and use of Federal funds for Federally assisted projects. 37. Will comply with Subtitle A, Title 11 of the Americans with Disabilities Act (ADA) 1990. 38. Agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. 39. Will comply with all provisions of 2 CFR, including: Part 215 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (OMB Circular A-110); Part 225 Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87); Part 220 Cost Principles for Educational Institutions (OMB Circular A-21); Part 230 Cost Principles for Non -Profit Organizations (OMB Circular A-122). 40. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 41. Will comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide and the current DHS Financial Management Guide. 42. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2009 Homeland Security Grant Program Guidance and Application Kit, and the California Supplement to the FY 2009 Homeland Security Grant Program Guidance and Application Kit. All allocations and use of funds under this grant will be in accordance with the Allocations, and use of grant funding must support the goals and objectives included in the State and/or Urban Page 6 Initials Wjp Area Homeland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as part of the California FY2009 Homeland Security Grant Program application. Further, use of FY09 funds is limited to those investments included in the California FY09 Investment Justifications submitted to DHS/FEMA/Cal EMA and evaluated through the peer review process. 43. Will not make any award or pen lit any award (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension". 44. As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants in primary covered transactions, a. The applicant certifies that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. ii. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and b. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 45. Agrees to comply with the Drug -Free Workplace Act of 1988, and certifies that it will or will continue to provide a drug -free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. b. Establishing an on -going drug -free awareness program to inform employees about: i. The dangers of drug abuse in the workplace; ii. The grantee's policy of maintaining a drug -free workplace; iii. Any available drug counseling, rehabilitation, and employee assistance programs; and iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a). Page 7 Initials %�(:2- d. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will i. Abide by the terms of the statement; and ii. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. e. Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs ATTN: Control Desk 633 Indiana Avenue, N.W. Washington, D.C. 20531 Notice shall include the identification number(s) of each affected grant. f. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted. i. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. g. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). 46. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. 47. Understands that failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. The undersigned represents that he/she is authorized by the above named applicant to enter into this agreement for and on behalf of the said applicant. Signature of Authorized Agent: Printed Name of Authorized Agent: Walter Amedee Title: Homeland Security Manager Date: 10/20/09 Page 8 Initials AP City of National City, California COUNCIL AGENDA STATEMENT 41IkETING DATE5 10-20-09 AGENDA ITEM NO. 22 .1- ITEM TITLE Resolution of the City Council of the City of National City Ratifying a Side Letter to the Memorandum of Understanding bet een the City and the National City Municipal Employees' Association, Adjusting the Work Schedu nd B oaks for Police Dispatchers. PREPARED B DEPARTMENT Stacey Stevens I :) Human Resources Director EXPLANATION On July 17, 2007, the City Council approved a Resolution ratifying the wages, hours, and other terms and conditions of employment reached through a meet and confer process between the City of National City (City) and the National City Municipal Employees' Association (MEA). The action authorized the City Manager to enter into a Memorandum of Understanding (MOU) with MEA for the period January 1, 2007 through December 31, 2009. Article 24 of the MOU specifies that MEA represented employees working more than five (5) hours in a workday shall receive at least a 30 minute period for a Lunch break, without pay. The starting and ending hours of the workday are adjusted to account for this provision. For example, full-time employees typically begin the workday at 7:00 a.m. and end the workday at 6:00 p.m. The eleven (11) hour span includes a one hour unpaid lunch break, resulting in a ten (10) hour compensable work day. At the initiation of the Police Department, in recognition of internal logistical considerations, a series of meet and confer discussions have been held with the MEA related to the impact of Article 24 on the Police Dispatch unit. Given the critical nature and unpredictability of Police Dispatch as well as current staffing levels, Police Dispatchers are frequently called back to duty during lunch and rest breaks. As an outcome, both parties have agreed to side letter language (attached) through which Police Dispatchers will receive a 30 minute paid lunch break. To accomplish this, the actual workday for each shift will be ten (10) hours instead of ten and one-half (10 1/2) or eleven (11) hours. This change does not effect compensation. Environmental Review ✓ N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Recommend approval of resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 4111 1. Resolution Resolution No. 2. Side Letter to Memorandum of Understanding between the City of National City Municipal Employees' Association, SEIU Local 221 and the City of National City, Work Hours/Lunch Breaks for Police Dispatchers. A-200 (9/80) J RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING A SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION ADJUSTING THE WORK SCHEDULE AND BREAKS FOR POLICE DISPATCHERS WHEREAS, on July 17, 2007, the City Council adopted Resolution 2009-171 ratifying the wages, hours, and other terms and conditions of employment reached through a meet and confer process between the City and the National City Municipal Employees' Association ("MEA"), and authorized the City Manager to enter into a Memorandum of Understanding ("MOU") with the MEA for the period of January 1, 2007 through December 31, 2009; and WHEREAS, Article 24 of the MOU specifies that MEA represented employees working more than five (5) hours in a workday shall receive at least a 30-minute unpaid lunch break; and WHEREAS, a series of meet and confer discussions have been held with the MEA related to the impact of Article 24 on the Police Dispatchers; and WHEREAS, because Police Dispatchers are frequently called back to duty during lunch and rest periods, the City and the MEA have agreed to side letter language (attached hereto as Exhibit "A")through which Police Dispatchers will receive a 30-minute paid lunch break, which will be accomplished by the actual workday for each shift being ten (10) hours instead of ten and one-half (10.5) or eleven (11) hours. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies a Side Letter to the Memorandum of Understanding between the City and the National City Municipal Employees' Association, adjusting the Work Schedule and Breaks for Police Dispatchers. PASSED and ADOPTED this 20th day of October, 2009. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, 111 City Attorney SIDE LETTER TO MEMORANDUM OF UNDERSTANDING BETWEEN NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION, SEIU LOCAL 221 AND THE CITY OF NATIONAL CITY WORK HOURS/LUNCH BREAKS FOR POLICE DISPATCHERS Effective upon Council approval of this side letter, the City shall adjust the work schedules and meal periods of Police Dispatchers represented by the National City Municipal Employees' Association (NCMEA). This side letter will serve both as a supplement to Article 24 of the Memorandum of Understanding (MOU) and as the controlling document for issues related to work schedules and meal periods for Police Dispatchers. Employees in positions that will experience a schedule change will be notified no later than 10 working days before the new schedule as called for by the current MOU. The City, MEA, and SEIU Local 221 understand that there are aspects of work schedule changes that cannot be fully anticipated, and that the parties may need to utilize labor management meetings to discuss unforeseen circumstances should they arise. ARTICLE 24: Work Day, Work Week, Pay Period, and Pay Day Section 1: Work Day Call-back and on -call time are excluded from the computation of the hours paid for the purposes of overtime. All work days exceeding five (5) hours length shall include at least a 30-minute period for lunch break without pay with the exception of Police Dispatchers. A maximum of fifteen (15) minutes paid time for rest shall be provided for each four (4) consecutive hours work and may be taken as assigned by the employee's supervisor. Police Dispatchers shall work four (4) ten (10) hour days per week, including two (2) 15 minute rest periods, and one-half (1/2) hour paid lunch break. 1) Every effort will be made to have Police Dispatchers receive their paid meal breaks (30 minute break) as circumstances permit but there is no guarantee. Employees are subject to call back from breaks during emergencies and/or when the volume of activity requires such staffing. 2) Employees shall not combine two or more rest periods into one rest period, except as approved by the unit's sworn supervisor or Chief of Police during non -routine and/or unexpected circumstances. 3) Employees shall not save rest / meal periods to justify shortened work days. EXHIBIT "A" City of National City, California COUNCIL AGENDA STATEMENT ETING DATE 10-20-09 AGENDA ITEM NO. 23 ITEM TITLE Resolution of the City Council of the City of National City Modifying the Terms of the Signing in and Retention Incentive Program for the Police Dispatcher Classification. son (3 6-4308) EXPLANATION See Attached. DEPARTMENT Human Resources Environmental Review 1 NIA Financial Statement The modification to the program does not impact the amount of the incentive or the amount budgeted for the current fiscal year. The actual cost is dependant upon hire dates and retention rate. The cost is estimated as: $4,000 for the current fiscal year. Account No. 212-409-000-199-0000 STAFF RECOMMENDATION Recommend approval of resolution. BOARD / COMMISSION RECOMMENDATION N/A VITACHMENTS ( Listed Below) Resolution No. Resolution A-200 (9/80) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY MODIFYING THE TERMS OF THE SIGNING AND RETENTION INCENTIVE PROGRAM FOR THE POLICE DISPATCHER CLASSIFICATION WHEREAS, given that the general applicant pool has increased in the current job market yet the Police Department continues to have difficulties recruiting viable candidates (individuals with a high probability of successfully completing the probationary period), it is recommended that the signing bonus for the Police Dispatcher Classification be amended as follows: Those candidates transferring from another law enforcement agency with at least one full year of comparable experience shall be eligible to receive $500 in conjunction with their first full pay period after hire by the City of National City as a Police Dispatcher. and; WHEREAS, given the rigors of the training period and the correlation of the first two years of employment to long term tenure, it is recommended that the retention incentive be amended as follows: After successful completion of the probationary period, employees shall be eligible to receive $1,000 in the first full pay period after one year and one day of employment as a National City Police Dispatcher. Employees shall be eligible for an additional $1,000 in the first full pay period upon successfully reaching two years of employment with the National City Police Department, with a performance rating of Satisfactory or higher. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the modification of the Terms of Signing and Retention Incentive Program for the Police Dispatchers Classification. PASSED and ADOPTED this 20th day of October, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk George H. Eiser, III City Attorney DATE: TO: FROM: SUBJECT: October 20, 2009 Honorable Mayor Stacey Stevenso CITY OF NATIONAL CITY MEMORANDUM City Council ector of Human Resources Request to Modify the Terms of the Signing and Retention incentive Program for the Police Dispatcher Classification Background: On January 22, 2008, the National City City Council approved the creation of a signing and retention incentive program for the Police Dispatcher classification. The intent of the program is to assist the National City Police Department (NCPD) with recruitment and retention challenges. In recognition of the need to positively impact both the recruitment and retention of Police Dispatchers, the incentive program was designed with two components: a $500 signing bonus in conjunction with the first full paycheck of new hires; and a $2,000 retention incentive paid in two equal installments of $1,000 payable after successful employment of one year and one day (completion of the probationary period) and $1,000 payable six months thereafter. The program having been in place for twenty (20) months has been evaluated for its effectiveness. Discussion: At the time that the current incentive program was initiated and approved by the City Council, the Police Department was experiencing difficulties in both recruiting and retaining Police Dispatchers. At that time, the market was competitive with all ten (10) of the local agencies that utilize Police Dispatchers competing for the same small pool of viable candidates. Given recent shifts in the local market, the cities, including National City are enjoying larger applicant pools. Further, it has been determined that while the $500 signing bonus may serve as an enticement for some candidates to apply to National City, it has not proven to positively impact long term viability. Since the program's introduction in January, 2008, seven (7) Police Dispatchers have been hired. Of those seven (7), five (5) have separated from the City of National City. Of the five (5) that have separated, four (4) did so prior to completion of the probationary period. Given such numbers, the Police Department has shifted its focus to an emphasis on recruiting existing Police Dispatchers that may be interested in laterally transferring to National City. The advantage of such candidates is the greatly reduced training period, thus allowing the department to place them in operation sooner. Further, experienced Police Dispatchers are far less likely to wash out or separate during the first year. The difficulties with recruitment and retention identified in January. 2008 were further exacerbated by the wages, with National City at the bottom in base salary. Since then, National City has moved up to number eight (8) in base salary and number seven (7) in total compensation (see tables below). However, the delta between National City and the higher compensated cities has expanded causing National City to fall further below the mean. In January, 2008 report, National City Police Dispatchers were 5.03% below the mean in base salary and 4.5% below the mean in total compensation. As of the time of this report, National City Police Dispatchers had dropped to 6.8% below the mean in base salary and 5.7% below the mean in total compensation. Table 1: City of National Citv/NCMEA Salary Surve AGENCY BASE SALARY/month CARLSBAD $5,355 CORONADO $5,095 COUNTY OF SAN DIEGO $5,094 CHULA VISTA $5,068 ESCONDIDO $4,904 OCEANSIDE $4,904 SAN DIEGO $4,560 NATIONAL CITY* $4,552 LA MESA $4,460 EL CAJON $4,325 *--$4,863 (mean) (-6.8%) * National City's total compensation was excluded for purposes of calculating the classification's mean total compensation. Table 2: National City Total Compensation Surve AGENCY BASE SALARY/month TOTAL COMPENSATION/month CARLSBAD $5,355 $7,867 CORONADO $5,095 $7,867 ESCONDIDO $4,904 $7,639 CHULA VISTA $5,068 $7,208 LA MESA $4,460 $6,912 COUNTY OF SAN DIEGO $5,094 $6,756 NATIONAL CITY* $4,552 $6,443 EL CAJON $4,325 $6,398 OCEANSIDE $4,904 $5,410 SAN DIEGO $4,560 $5,221 .-$6,;809 (mean) (-5.7%) *National City's total compensation was excluded for purposes of calculating the classification's mean total compensation. Table 3: Salary Trending Report date Base Salary* Total Compensation* January, 2008 5.03%** 4.5% October, 2009 6.8% 5.7% *Percentage below the mean **The County of San Diego was not included in the reporting of base salary by agency in the 2008 report. In spite of the challenge created by the compensation level, it is the general finding of the Police Department that individuals that make it through the first year — the probationary period — are more likely than not to remain with the agency and be successful, with the odds of long term retention increasing each year. Recommendation: Signing Bonus Given that the general applicant pool has increased in the current job market yet the Police Department continues to have difficulties recruiting viable candidates (as defined as individuals with a high probability of successfully completing the probationary period), it is recommended that the signing bonus be amended as follows: Those candidates transferring from another law enforcement agency with at least one full year of comparable experience shall be eligible to receive $500 in conjunction with their first full pay period after hire by the City of National City as a Police Dispatcher. Retention Incentive Given the rigors of the training period and the correlation of the first two years of employment to long term tenure, it is recommended that the retention incentive be amended as follows: After successful completion of the probationary period, employees shall be eligible to receive $1, 000 in the first full pay period after one year and one day of employment as a National City Police Dispatcher. Employees shall be eligible for an additional $1,000 in the first full pay period upon successfully reaching two years of employment with the National City Police Department, with a performance rating of Satisfactory or higher. City of National City, California COUNCIL AGENDA STATEMENT ETING DATE 10-20-09 AGENDA ITEM NO. 24 ITEM TITLE Resolution of the City Council of the City of National City Modifying the Contribution Rates to the Public Employees' Retirement System by Decreasing the City's Contribution and Adding a Member Contribution Paid by NCPOA Represented Employees. • PREPARED BY I �y DEPARTMENT Stacey Stevens08) ; v Human Resources Director EXPLANATION On September 15, 2009, the City Council approved a Memorandum of Understanding (MOU) between the City of National City and the National City Police Officers' Association (NCPOA) for the period July 1, 2009 through June 30, 2011. The terms of the MOU included an amendment to Article 18, Public Employees' Retirement System (PERS). Since September, 2002, the City of National City has paid the nine percent (9%) employee contribution to PERS for sworn NCPOA represented employees and eight percent (8%) for non -sworn. As amended, NCPOA employees have agreed to pay two percent (2%) of the employee contribution effective July 1, 2009, reducing the Employer Paid Member Contribution paid by the City to seven percent (7%) and six percent (6%), respectively. To effect this MOU provision, pursuant to Government Code Section 20691, the City Council must amend the contract between the Board of Administration of PERS and the City Council by adopting a resolution specifying the plan change. Therefore, staff seeks a resolution reducing the Employer Paid Member Contribution to PERS for NCPOA represented employees to seven percent (7%) for sworn and six (6%) for non -sworn effective July 1, 2009. The retroactive contribution will take the form of a repayment to the City via payroll deduction. Environmental Review ✓ N/A Financial Statement This action will result in a savings of $145,166 Account No. STAFF RECOMMENDATION Recommend approval of resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution A-200 (9/80) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY MODIFYING THE CONTRIBUTION RATES TO THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY DECREASING THE CITY'S CONTRIBUTION AND ADDING A MEMBER CONTRIBUTION PAID BY NATIONAL CITY POLICE OFFICERS' ASSOCIATION REPRESENTED EMPLOYEES WHEREAS, on September 15, 2009, the City Council adopted Resolution No. 2009-223 approving a Memorandum of Understanding ("MOU") between the City and the National City Police Officers' Association ("NCPOA") for the period of July 1, 2009 through June 30, 2011; and WHEREAS, since September, 2002, the City has paid 9% of the employee contribution to PERS for sworn NCPOA represented employees and 8% for non -sworn; and WHEREAS, Article 18 of the MOU was amended state that, effective July 1, 2009, NCPOA represented employees' contribution to the Public Employees' Retirement System ("PERS") will increase to 2%, reducing the Employer Paid Member Contribution paid by the City to 7% for sworn and 6% for non -sworn NCPOA employees, respectively. WHEREAS, to effect this MOU provision, pursuant to Government Code Section 20691, the City Council must amend the contract between the Board of Administration of PERS and the City Council by adopting a resolution specifying the plan change. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the modification of the contribution rates to the Public Employees' Retirement System by decreasing the City's Contribution and adding a member contribution paid by National City Police Officers' Association represented employees. PASSED and ADOPTED this 20th day of October, 2009. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California CITY COUNCIL AGENDA STATEMENT mEETING DATE October 20, 2009 AGENDA ITEM NO. 25 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SIXTH AMENDMENT TO EMPLOYMENT AGREEMENT WITH CITY MANAGER CHRIS ZAPATA TO PROVIDE FOR THE SUSPENSION OF HIS $750 PER MONTH VEHICLE ALLOWANCE, AND FOR AN UNPAID FURLOUGH LEAVE IN THE AMOUNT OF 80 HOURS, FOR THE PERIOD OF NOVEMBER 1, 2009 THROUGH JUNE 30, 2010 PREPARED BY George H. Eiser, III Q (Ext. 4221) EXPLANATION DEPARTMENT City Attorney Section 3 of the Employment Agreement between the City and the City Manager Chris Zapata contains the provisions pertaining to the City Manager's salary. Section 6 of the Employment Agreement pertains to the City Manager's vehicle allowance. In recognition of the City's structural budget shortfall, the City Manager is requesting that his Employment Agreement be amended to: • Provide for the suspension of his $750 per month vehicle allowance for the period of November 1, 2009 through June 30, 2010. • Provide for an unpaid furlough leave of 80 hours for the same time period. The proposed resolution would authorize the City to enter into a Sixth Amendment to the City Manager's Employment Agreement to implement the requests described above by revising Sections 3 and 6 of the Agreement. Environmental Review I N/A Financial Statement Approved By: Finance Director Approval would result in a savings of $13,150 to the General Fund. Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution Amendment to 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 SIXTH AMENDMENT TO AGREEMENT BETWEEN THE CITY AND CITY MANAGER CHRIS ZAPATA TO PROVIDE FOR THE SUSPENSION OF HIS $750 PER MONTH VEHICLE ALLOWANCE, AND FOR AN UNPAID LEAVE FURLOUGH IN THE AMOUNT OF 80 HOURS, FOR THE PERIOD OF NOVEMBER 1, 2009 THROUGH JUNE 30, 2010 WHEREAS, the City entered into an Employment Agreement (the "Agreement") with City Manager Chris Zapata on January 20, 2004; and WHEREAS, the Agreement was subsequently amended on December 6, 2005, August 1, 2006, January 9, 2007, May 20, 2008, and May 5, 2009; and WHEREAS, the City Manager has requested, in recognition of the City's structural budget shortfall, that the Agreement be amended to provide that the City Manager shall take 80 hours of unpaid furlough leave in the amount of 80 hours, and to provide that the City Manager's $750 per month vehicle allowance by suspended, for the period of November 1, 2009 through June 30, 2010. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby authorizes the Mayor to execute a Sixth Amendment to Agreement between City Manager Chris Zapata and the City to provide that the City Manager shall take 80 hours of unpaid furlough leave, and to provide that the City Manager's $750 per month vehicle allowance be suspended, for the period of November 1, 2009 through June 30, 2010. Said Sixth Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of October, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney SIXTH AMENDMENT TO EMPLOYMENT AGREEMENT This Sixth Amendment to Employment Agreement is made and entered into this day of , 2009, by and between the City of National City, a municipal corporation (hereinafter called "Employer"), and Chris Zapata, an individual (hereinafter called "Employee"). RECITALS A. Employer and Employee entered into an Employment Agreement (the "Agreement") dated January 20, 2004. B. Said Agreement was subsequently amended on December 6, 2005, August 1, 2006, January 9, 2007, May 20, 2008, and May 5, 2009. C. Employer and Employee desire to amend Section 3 of the Agreement, pertaining to Compensation. D. Employer and Employee also desire to amend Section 6 of the Agreement, pertaining to Monthly Vehicle Allowance. NOW, THEREFORE, in consideration of the mutual benefit to be derived therefrom, Employer and Employee agree that Subsection D of Section 3 of the Agreement between the City and City Manager Chris Zapata (the "Agreement") is hereby amended to read as follows: Section 3 Compensation ... D. Employee shall take 80 hours of unpaid furlough leave for the period of November 1, 2009 through June 30, 2010. It is further agreed that Section 6 of the Agreement is hereby amended by adding the following sentence thereto: Employee's vehicle allowance of $750 per month shall be suspended for the period of November 1, 2009 through June 30, 2010. With the foregoing exceptions, each and every provision of the Employment Agreement dated January 20, 2004, as amended on December 6, 2005, August 1, 2006, January 9, 2007, May 20, 2008, and May 5, 2009 shall remain in full force and effect. IN WITNESS WIIEREOF, the parties hereto have executed this Agreement on the date and year first written above. Sixth Amendment to Employment Agreement Page 2 ,2009 CITY OF NATIONAL CITY EMPLOYEE By: Ron Morrison, Mayor Chris Zapata APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATEOct 20, 2009 26 AGENDA ITEM NO. /ITEM TITLE Warrant Register #11 for the period of 09/09/09 through 09/15/09 in the Amount of $449,256.34 PREPARED BY D. Gallegos -Finance DEPARTMENT EXPLANATION Finance Jeanette La 619-336-433 Per Government Section Code 37208, attached are the warrants issued for the period of 09/09/09 through 09/15/09. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation SDG&E 229177 67,392.00 Utilities Tristar 229187 74,471.74 Prefund for Claim Tristar 229188 65,638.90 Worker's Comp Environmental Review N/A MIS Approval Financial Statement Not applicable. Approved B Fula ce or Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $449,256.34 BOARD / COMMISSION RECOMMENDATION kTTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register #11 A-200 (Rev. 7/03) Warrant Register #11 9/15/2009 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 125 SEWER SERVICE FUND 166 NUTRITION 246 WINGS GRANT 307 PROPOSITION A" FUND 312 STP LOCAUTRANSNET HIGHWAY 320 LIBRARY GRANTS 502 SECTION 8 FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 629 INFORMATION SYSTEMS MAINTENANC 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 111,831.08 906.82 842.46 1,424.95 2,537.93 125.46 1,280.88 19, 504.75 49,011.66 8,084.00 70,698.84 140,110.64 2,003.27 54.82 40,838.78 449,256.34 3/3 PAYEE PRUDENTIAL OVERALL SUPPLY SAM'S ALIGNMENT SAN DIEGO DAILY TRANSCRIPT SD BMW MOTORCYCLES SDG&E SMART & FINAL SOUTHERN CALIF TRUCK STOP SOUTHWEST SIGNAL SERVICE, INC. STAPLES ADVANTAGE STRATACOM SWEETWATER AUTHORITY T'S & SIGNS THE LIGHTHOUSE, INC. THE SAN DIEGO UNION TRIBUNE TRISTAR RISK MANAGEMENT TRISTAR RISK MANAGEMENT TURNERS PORTABLE WELDING UNDERGROUND SERV ALERT VALLEY INDUSTRIAL SPECIALTIES VCA EMERGENCY ANIMAL HOSPITAL VISION INTERNET PROVIDERS WEST GOVERNMENT SERVICES WESTFLEX INDUSTRIAL SECTION 8 HAPS PAYMENTS xNCORPORATE WARRANT REGISTER # 11 9/15/2009 DESCRIPTION LAUNDRY SERVICE R&M AUTO EQUIPMENT ADVERTISING N C PARKS REHAB R&M CITY VEHICLES UTILITIES MISC SUPPLIES - HR GAS TRAFFIC SIGNAL & STREET LIGHTING OFFICE SUPPLIES BUSINESS CARDS - CS UTILITIES POLO SHIRTS W/ITH CITY LOGO SHOP SUPPLIES LEGAL NOTICES ADVERTISING PREFUND FOR CLAIM WORKERS COMP REPLENISHMENT INSTALLING PLATFORM ON SWEEPER UNDERGROUND SVC ALERT CHGS PLUMBING MATERIALS STRAY KITTEN CARE TECH SUPPORT -RESOLVE WEB ERROR DATABASE -UNLIMITED ACCESS-AUG 09 AUTO PARTS & SHOP SUPPLIES Start Date End Date 9/9/2009 9/15/2009 CHK NO DATE AMOUNT 229173 9/15/09 395.42 229174 9/15/09 484.28 229175 9/15/09 613 80 229176 9/15/09 1,556.33 229177 9/15/09 67,392.00 229178 9/15/09 58.67 229179 9/15/09 19.79 229180 9/15/09 7,314.32 229181 9/15/09 1,905.90 229182 9/15/09 222.80 229183 9/15/09 884.00 229184 9/15/09 109.75 229185 9/15/09 122.83 229186 9/15/09 652.80 229187 9/15/09 74,471.74 229188 9/15/09 65,638.90 229189 9/15/09 746.3C 229190 9/15/09 148.51 229191 9/15/09 127.8 `. 229192 9/15/09 70.00 229193 9/15/09 315.00 229194 9/15/09 400.00 229195 9/15/09 306.42 A/P Total 441,172.34 8,084.00 GRAND TOTAL $ 449,256.34 PAYEE AUSTIN DOORS BAJA PARTS & EQUIPMENT, INC. BLACKIE'S TROPHIES AND AWARDS BOOT WORLD BROADWAY AUTO ELECTRIC CALIFORNIA BAKING CO. CALIFORNIA HIGHWAY ADOPTION CO CARQUEST AUTO PARTS CONSTRUCTION ELECTRONICS INC. DAPPER TIRE COMPANY DOKKEN ENGINEERING DREW FORD ELESCO ESGIL CORPORATION EXPERIAN FEDEX :GUSON ENTERPRISES, INC tMSEN APPLIANCE CO GRAINGER HAMILTON MEATS & PROVISIONS HEARTLAND COMM. FAC. AUTHORITY HEARTLAND FIRE TRAINING HONEYWELL INC. IRON MOUNTAIN RECORDS JC TOWING JERAULD'S CAR CARE CENTER JOHN DEERE LANDSCAPES LOPEZ MAN K-9 INC. MASON'S SAW & LAWNMOWER SRVC MCGUIRE DISTRIBUTING MORE DIRECT MOTOR COP SHOP, INC. N C CHAMBER OF COMMERCE NAPA AUTO PARTS NATIONAL CITY AUTO TRIM NATIONAL CITY ROTARY CLUB NIXON EGLI EQUIPMENT CO. ORANGE COUNTY SHERIFF'S DEPT OTAY MESA CHAMBER OF PACIFIC AUTO REPAIR NNYSAVER RRY FORD PERRY FORD PORAC LEGAL DEFENSE FUND POWERSTRIDE BATTERY CO INC PRO BUILD PRO -EDGE KNIFE WARRANT REGISTER # 11 9/15/2009 DESCRIPTION PREVENTIVE MAINTENANCE LOADER BUCKET BLADES, HARDWARE NAME TAGS - FIRE WEARING APPAREL ELECTRICAL PARTS FOR CITY VEHICLES BREAD DELIVERY FOR NUTRITION PARADISE CREEK LITTER REMOVAL AUTO PARTS MAINTENANCE FOR SECURITY TIRES FOR CITY FLEET SERVICES FOR JULY 2009 AUTO PARTS SERVICE & PARTS FOR INVERTER CONSULTANT SERVICES FOR BLDG CREDIT CHECKS FOR NEW PD EMP MESSENGER SERVICE - ITS PLUMBING MATERIALS APPLIANCE PURCHASES FOR BLDGS PLUMBING MATERIALS MEAT DELIVERY FOR NUTRITION MEMBER AGENCY ASSESSMENT ZONE TRAINING FOR 39 PERSONNEL CITY-WIDE MECHANICAL H.V.A.C. MANAGEMENT/DOCUMENT STORAGE R&M AUTO EQUIPMENT R&M AUTO EQUIPMENT PLANTING MATERIALS TRANSLATION SVCS 09/01/09 MAINTENANCE TRAINING - AUG 2009 BRUSH CUTTER PARTS MILK/DAIRY DELIVERY FOR NUTRITION ADOBE ACROBAT 9 PRO WINDOWS BLACK/WHITE, CLASSIC-LE2, HELMET ANNUAL SALUTE TO NAVY RECEPTION AUTO PARTS R&M CITY VEHICLES QUARTERLY DUES 07/01-09/30/09 STREET SWEEPER PARTS FIELD TRAINING OFFICER COURSE WELCOME/FAREWELL RECEPTION SMOG CERTIFICATION & REPAIRS ADVERTISEMENT FOR N C NORTH & SOUTH LABOR & PARTS R&M AUTO EQUIPMENT LEGAL DEFENSE FUND AUTO PARTS MATERIALS & SUPPLIES KNIFE SHARPENING SVCS CHK NO 229124 229125 229126 229127 229128 229129 229130 229131 229132 229133 229134 229135 229136 229137 229138 229139 229140 229141 229142 229143 229144 229145 229146 229147 229148 229149 229150 229151 229152 229153 229154 229155 229156 229157 229158 229159 229160 229161 229162 229163 229164 229165 229166 229167 229168 229169 229170 229171 DATE 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 9/15/09 2/3 AMOUNT 951.52 728.07 84.48 848.75 859.13 120-00 960.00 136.08 843-55 671.13 10,785.63 1,993.02 450.00 3,154.00 27.24 10.06 187.33 789.90 278.03 1,815.33 57,785.00 1,755.00 30,434.00 125.00 35.00 56.46 488.29 140.00 800.00 138.64 557.60 916.04 383.95 50.00 175.54 214.01 260.00 17.45 70.00 15.00 284.13 660.00 2,278.73 47.30 108.00 611.24 645.33 45.00 1/3 INgORPORATEP WARRANT REGISTER # 11 9/15/2009 PAYEE DESCRIPTION CHK NO DATE AMOUNT AMAZON.COM ADULT NON-FICTION BOOKS 229075 9/15/09 61.46 AT & T MOBILITY CELL PHONE SVC FOR WINGS PROGRAM 229076 9/15/09 143.61 CITY OF NATIONAL CITY OUT OF STATE SALES TAX 229077 9/15/09 5.99 LASER SAVER INC INKJET CARTRIDGES 229078 9/15/09 911.81 MIDWEST TAPE DVD'S FOR THE COLLECTION 229079 9/15/09 196.89 NOLO PRESS, INC. REFERENCE BOOKS 229080 9/15/09 25.47 SMART & FINAL CRAFT MATERIAL FOR WOWMOBILE 229081 9/15/09 188.37 SPRINT VIDEO CONFERENCING, LONG DISTANCE 229082 9/15/09 14.65 STAPLES ADVANTAGE COLOR AND LASER COPY PAPER. 229083 9/15/09 1,208.77 STRATACOM BUSINESS CARD IMPRINTS 229084 9/15/09 31.83 THOMSON GALE REFERENCE BOOKS 229085 9/15/09 188.23 U.S. POSTMASTER POSTAGE 229086 9/15/09 308.00 XEROX CORPORATION BASE CHARGE AND OVERAGES 229087 9/15/09 1,405.48 ADAMS AMERICORPS LSTA Y7 229088 9/15/09 39.40 AREVALO AMERICORPS LSTA Y6 229089 9/15/09 16-50 BANSAL AMERICORPS LSTA Y6 229090 9/15/09 72.41 BAZZOLA AMERICORPS LSTA Y7 229091 9/15/09 12.4' BELL AMERICORPS LSTA Y7 229092 9/15/09 51.0: BURLEW AMERICORPS LSTA Y7 229093 9/15/09 79.9i ., CREW AMERICORPS LSTA Y6 229094 9/15/09 20.65 CROSBY AMERICORPS LSTA Y7 229095 9/15/09 218.24 EMPIZO AMERICORPS LSTA Y7 229096 9/15/09 337.70 HAMIDEH AMERICORPS LSTA Y6 229097 9/15/09 430.10 JOHNSON AMERICORPS LSTA Y6 229098 9/15/09 63.98 KAUR AMERICORPS LSTA Y6 229099 9/15/09 98.94 LITERACYWORKS AMERICORPS CNCS Y6 229100 9/15/09 40,000.00 LYDUM AMERICORPS LSTA Y7 229101 9/15/09 192.50 MCCULLOUGH AMERICORPS LSTA Y7 229102 9/15/09 200.12 MEDINA AMERICORPS LSTA Y6 229103 9/15/09 197.69 MUDGE AMERICORPS LSTA Y7 229104 9/15/09 243.48 NOLAN AMERICORPS LSTA Y6 229105 9/15/09 297.67 NOVELLI AMERICORPS LSTA Y7 229106 9/15/09 28.93 PAPER MART AMERICORPS CNCS Y6 229107 9/15/09 60.00 RODRIGUEZ AMERICORPS LSTA Y7 229108 9/15/09 16.03 SANCHEZ AMERICORPS LSTA Y7 229109 9/15/09 766.81 SCHNEIDER AMERICORPS LSTA Y7 229110 9/15/09 103.29 SCOTT AMERICORPS LSTA Y7 229111 9/15/09 223.85 SNIDER AMERICORPS LSTA Y6 229112 9/15/09 287.02 STRATEGIC RESOURCE COMPANY/ AMERICORPS HEALTHCARE 229113 9/15/09 664.27 TRAN AMERICORPS LSTA Y6 229114 9/15/09 44.31 WASHINGTON AMERICORPS LSTA Y7 229115 9/15/09 299.50 WEISS AMERICORPS LSTA Y7 229116 9/15/09 43.8! WILDER AMERICORPS LSTA Y6 229117 9/15/09 242.6. ACTION TROPHIES & ENGRAVING ACCOUNTABILITY TAGS 229118 9/15/09 91.89 AFFORDABLE BUTTONS.COM I LOVE NC BUTTONS 229119 9/15/09 492.96 AIRGAS-WEST WEARING APPAREL 229120 9/15/09 74.23 APOR PROPERTIES LLC STREET EASEMENT 229121 9/15109 5,000.00 APOR PROPERTIES LLC STREET EASEMENT 229122 9/15/09 5,000.00 . _ _ - .- ... .... r„r, rr'r, n,Tv r, rrT ffoi OZ 0/I AMID 90 977 nn MEETING DATE Oct 20, 2009 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 27 "ITEM TITLE Warrant Register #12 for the period of 09/16/09 through 09/22/09 in the Amount of $1,998,462.70 PREPARED BY D. Gallegos -Finance DEPARTMENT EXPLANATION Finance Jeanette L 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 09/16/09 through 09/22/09. EXT. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation City of NC 229200 276,521.00 Tax Sharing Infrastructure Eng 229252 88,226.37 Perform Infiltration Public Emp Ret Sys 229278 288,247.06 Emp Ret PPE 09/07/09 Payroll Various 1,045,008.66 PPE 09/07/09 Environmental Review N/A MIS Approval Financial Statement Not applicable. Approved By: Finance Director Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $1,998,462.70 BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register#12 A-200 (Flee. 7/03) 1/3 PAYEE FRANK TOYOTA LA GLENDA REED BEST BEST & KRIEGER LLP CITY OF CHULA VISTA CITY OF NATIONAL CITY DEUTSCHE BANK GOMACO HUSK PARTNERS KONICA MINOLTA DANKA IMAGING LOWER SWEETWATER FIRE METROPOLITAN WATER DISTRICT SAN DIEGO CLIPPING SERVICE SAN DIEGO COUNTY RECORDER SD COUNTY WATER AUTHORITY SDG&E STAPLES ADVANTAGE RWEETWATER AUTHORITY LTIMATE STAFFING SERVICES _ 2RIZON WIRELESS WHILLOCK CONTRACTING, INC. AARDVARK TACTICAL, INC. AFLAC AIRGAS-WEST AMERICAN ROTARY BROOM CO., INC ARMOR HOLDINGS FORENSICS AT & T MOBILITY AUSTIN DOORS BJ'S RENTALS BOOT WORLD BOYS & GIRLS CLUB BROADWAY AUTO ELECTRIC CALIFORNIA BAKING CO. CALIFORNIA ELECTRIC SUPPLY CEB CHAVEZ CHEVRON & TEXACO BUSINESS CARD CITY OF NATIONAL CITY CITY OF SAN DIEGO CLEAN HARBORS COMMERCIAL AQUATICS SERVICES COX COMMUNICATIONS ^UMMINS CAL PACIFIC, LLC ALEY & HEFT LLP ,ALEY & HEFT LLP DELL MARKETING CORP DEPARTMENT OF JUSTICE DISCOUNT SPECIALTY CHEMICALS INCbRPORATE WARRANT REGISTER ft 12 9/22/2009 DESCRIPTION MONTHLY PMT - 2009 TOYOTA PRIUS SUPPLIES FOR COOKING CLASS LEGAL SERVICES INSPECTOR/PROJECT MGR AB1389 TAX SHARING FY 2008-2009 REDEV PROJECT 2004 T.A.B. SERIES A OLD LIBRARY REMODEL/ART CENTER CONSULTING SVCS FOR SEPT 2009 EQUIPMENT RENTAL AB1389 TAX SHARING FY 2008 - 2009 AB1389 TAX SHARING FY 2008 - 2009 CLIPPING SERVICES - SEPT 2009 COSTS FOR RECONVEYANCE OF LOANS AB1389 TAX SHARING FY 2008 - 2009 UTILITIES OFFICE SUPPLIES- REDEV WATER - UTILITIES TEMP EMP - NEIGHBORHOOD SVCS WIRELESS SERVICE PORTION OF CONTRACT SHOP SUPPLIES AFLAC ACCOUNT BDM36 SEP 2009 WEARING APPAREL SWEEPER REPAIRS SUPPLIES WIRELESS FOR PD 08/06-09/05/09 PREVENTIVE MAINTENANCE RENTAL FEE, CUTTER SOD 18" WEARING APPAREL DONATION TO THE NC BRANCH ELECTRICAL PARTS BREAD DELIVERY FOR NUTRITION ELECTRICAL MATERIALS CA SUBDIVISION MAP ACT 2009 REFUND KAISER HEALTH INS FUEL PETTY CASH PPE AUG 31, 2009 SEWER TRANSPORTATION CHGS HAZARDOUS WASTE PICKUP POOL SERVICE, REPAIRS COX HIGH SPEED 60MB DATA CIRCUIT AUTOMOBILE PARTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS HOTPLUG HARD DRIVE NEW EMPLOYEE FINGERPRINT LIQUID LIVE ENZYMES CHK NO DATE AMOUNT 229196 9/17/09 1,411.88 229197 9/17/09 112.52 229198 9/22/09 2,502.51 229199 9/22/09 1,441.00 229200 9/22/09 276,521.00 229201 9/22/09 1,200.00 229202 9/22/09 5,000.00 229203 9/22/09 7,500.00 229204 9/22/09 447.36 229205 9/22/09 1,758.00 229206 9/22/09 5,481.00 229207 9/22/09 69.50 229208 9/22/09 30.00 229209 9/22/09 5,571.00 229210 9/22/09 181.96 229211 9/22/09 257.45 229212 9/22109 780.58 229213 9/22/09 1,008.70 229214 9/22/09 823.17 229215 9/22/09 9,092.58 229216 9/22/09 3,390.29 229217 9/22/09 1,543 64 229218 9/22/09 79.61 229219 9/22/09 878.12 229220 9/22/09 6,093.51 229221 9/22/09 2,467.73 229222 9/22/09 315.00 229223 9/22/09 69.04 229224 9/22/09 338.07 229225 9/22/09 10,000.00 229226 9/22/09 190.31 229227 9/22/09 288.00 229228 9/22/09 292.04 229229 9/22/09 111.47 229230 9/22/09 153.59 229231 9/22/09 77.58 229232 9/22/09 483.81 229233 9/22/09 528.96 229234 9/22/09 1,095.98 229235 9/22/09 2,198.05 229236 9/22/09 3,813.14 229237 9/22/09 1,427.08 229238 9/22/09 5,429.09 229239 9/22/09 1,160.46 229240 9/22/09 2,617.47 229241 9/22/09 292.00 229242 9/22/09 232.81 2/3 PAYEE ESGIL CORPORATION FAST SIGNS FEDEX FERGUSON ENTERPRISES, INC G & A AUTO AIR CONDITIONING GARCIA GORMSEN APPLIANCE CO HAMILTON MEATS & PROVISIONS HORIZON HEALTH EAP INFRASTRUCTURE ENGINEERING INT'L MUNICIPAL LAWYERS ASSOC JOHN DEERE LANDSCAPES KIWANIS CLUB OF NATIONAL CITY KSDS JAZZ 88.3 LASER SAVER INC LEXIS-NEXIS LEXIS-NEXIS MAINTEX, INC. MANPOWER OF SAN DIEGO MCGUIRE DISTRIBUTING MISSION UNIFORM SERVICE MONTGOMERY KONE, INC. NAPA AUTO PARTS NATIONAL CITY CAR WASH NATIONAL SCHOOL DISTRICT NEXUS IS, INC. NIXON EGLI EQUIPMENT CO. NORIEGA NOWDOCS INTERNATIONAL, INC. ORKIN PEST CONTROL PACIFIC AUTO REPAIR PADRE JANITORIAL SUPPLIES INC PERRY FORD PRO BUILD PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM QUESTYS SOLUTIONS REGIONAL COMMUNICATIONS SYSTEM ROBERT HALF LEGAL RODRIGUEZ ROUNDS S.D. COUNTY SHERIFF'S DEPT. SALAMEH SAN DIEGO PET & LAB SUPPLY SDG&E SOLANA CENTER SOUTHERN CALIF TRUCK STOP +>- CALFNI.A .-c+ INCORPORATE WARRANT REGISTER # 12 9/22/2009 DESCRIPTION PLAN CHECKING SVCS OF BLDG VINYL DECALS, SIGNS FEDEX ENVOY COST - PD PLUMBING MATERIALS AUTO A/C M&R - CITY FLEET REIMB MILEAGE FOR S.S.I. COURSE APPLIANCE PURCHASES FOR BLDGS MEAT DELIVERY FOR NUTRITION EMP ASST PROGRAM SEP 2009 PERFORM AN INFLOW/INFILTRATION IMLA MEMBERSHIP RENEWAL HORTICULTURAL ITEMS KIWANIS CLUB EXP JUL - AUG 2009 PARTNERSHIP W/ JAZZ 88.3 FM RADIO INK CARTRIDGE POLICE CIVIL LIABILITY RENEWAL ONLINE CHARGES FOR AUG 2009 JANITORIAL SUPPLIES WEEK ENDING 09/06/09 MILK/DAIRY DELIVERY FOR NUTRITION WEEKLY CLEANING/LAUNDRY REPAIRS/MAINTENANCE- ELEVATORS MISC AUTO PARTS CAR WASHES FOR CITY FLEET PARENT PATROL PROG MOVE 5 PHONES STREET SWEEPER PARTS LIABILITY CLAIM COSTS CHECK STOCK, GREEN BOTTOM PEST MAINTENANCE FOR CITY BLDG SMOG CERTIFICATION & REPAIRS JANITORIAL SUPPLIES FOR NUTRITION R&M AUTO EQUIPMENT PLUMBING MATERIALS LAUNDRY SERVICES SERVICE PERIOD 09-09-3 QUESTYS ENTERPRISE SERVER GRANICUS REGIONAL COMMUNICATIONS TEMP EMPLOYEE W/E 9/04/09 ADV CRITICAL INCIDENT COURSE ADV SUPERVISORY LEADERSHIP CAL -ID PROGRAM COSTS 07/01-12/31/09 REFUND CANCEL BUSINESS LIC K-9 UNIT - PD UTILITIES PURCHASING OF RECYCLED ITEMS ULTRA LOW SULFUR CHK NO DATE AMOUNT 229243 9/22/09 8,989.69 229244 9/22/09 126.76 229245 9/22/09 99.85 229246 9/22/09 214.26 229247 9/22/09 2,105.90 229248 9/22/09 106.34 229249 9/22/09 154.58 229250 9/22/09 760.38 229251 9/22/09 862.78 229252 9/22/09 88,226.37 229253 9/22/09 865.00 229254 9/22/09 539.94 229255 9/22/09 84.00 229256 9/22/09 6,000.00 229257 9/22/09 104.21 229258 9/22/09 627.55 229259 9/22/09 407.00 229260 9/22/09 455.79 229261 9/22/09 1,561.60 229262 9/22/09 292.16 229263 9/22/09 184.98 229264 9/22/09 2,200.00 229265 9/22/09 311.34 229266 9/22/09 376.00 229267 9/22/09 1,001.47 229268 9/22/09 332.00 229269 9/22/09 546.42 229270 9/22/09 250.00 229271 9/22/09 378.71 229272 9/22/09 279.75 229273 9/22/09 736.04 229274 9/22/09 246.04 229275 9/22/09 184.55 229276 9/22/09 616.10 229277 9/22/09 212.33 229278 9/22/09 288,247.06 229279 9/22/09 5,481.07 229280 9/22/09 9,010.00 229281 9/22/09 1,792.00 229282 9/22/09 248.00 229283 9/22/09 419.58 229284 9/22/09 8,519.00 229285 9/22/09 121.50 229286 9/22/09 234 63 229287 9/22/09 557.15 229288 9/22/09 2,161.58 229289 9/22/09 61.92 PAYEE STAPLES ADVANTAGE SUPERIOR READY MIX CONCRETE SWEETWATER AUTHORITY TARGET SPECIALTY PRODUCTS THE COUNSELING TEAM THE LIGHTHOUSE, INC. TOPECO PRODUCTS TRISTAR RISK MANAGEMENT U S HEALTHWORKS VERIZON WIRELESS VERIZON WIRELESS VIORA VISTA PAINT WATERLINE TECHNOLOGIES WESTFIELD, LLC WOOD & WOOD SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 19 8/25/2009 Special Payroll WARRANT REGISTER # 12 9/22/2009 DESCRIPTION OFFICE SUPPLIES DECOMPOSED GRANITE UTILITIES PESTICIDE & FUNGICIDE SEMINAR TUITION -BASIC CRITICAL INCIDENT SHOP SUPPLIES SHOP SUPPLIES PREFUND - CLAM #05NAT00504 PRE -EMPLOYMENT PHYSICAL - PD WIRELESS SVC FOR CITY VERIZON WIRELESS SERVICE REIMB FOR ED/FT103-104 FIRE P.E.S. TRAFFIC CONTROL SUPPLIES MUNICIPAL POOL CHEMICALS REFUND OF C&D DEPOSIT LIABILITY CLAIM COSTS Start Date 9/16/2009 End Date 9/7/2009 End Date 9/22/2009 Check Date 9/16/2009 9/17/2009 3/3 CHK NO DATE AMOUNT 229290 9/22/09 381.52 229291 9/22/09 1,556.81 229293 9/22/09 31,306.50 229294 9/22/09 80.00 229295 9/22/09 165.00 229296 9/22/09 21.99 229297 9/22/09 115.16 229298 9/22/09 25,000.00 229299 9/22/09 185.00 229300 9/22/09 7,589.93 229301 9/22/09 2,255.16 229302 9/22/09 135.00 229303 9/22/09 63.50 229304 9/22/09 1,333.06 229305 9/22/09 30,688.35 229306 9/22/09 39,410.34 GRAND TOTAL A/P Total 944,337.76 9,116.28 1,044,714.00 294.66 $ 1,998,462.70 +)-• CpL1FOR,NIA K+ �---� a rNCORPORA'rED Warrant Register # 12 9/22/2009 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 111 P.O.S.T. FUND 120 PLAN CHECKING REVOLVING FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 154 STATE PUBLIC LIBRARY FUND 158 SWIMMING POOL REVOLVING FUND 159 GENERAL PLAN UPDATE RESERVE 166 NUTRITION 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 191 STOP PROJECT 198 PROPERTY EVIDENCE SEIZURE 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 246 WINGS GRANT 261 CDC DEBT SERVICE FUND 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 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 MAINTENANC 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 644 EQUIPMENT REPLACEMENT RESERVE 731 CONSTRUCTION AND DEMOLITION DEBRIS 1,075,297,59 28,954.58 21, 205.40 1,324.74 773.92 8,989.69 106,470.57 4,944.85 1,665.32 1,870.53 1,345.43 14,259.41 4,969.42 1,214.77 6,223.93 1,934.69 6,093.51 1,148.23 4,387.49 34,629.02 290,531.00 2,304.38 1,005.88 1,831.03 6,521.63 6,224.38 750.00 31,048.19 955.06 7.41 91, 570.56 1,999.97 53,101.26 75,053.39 2,857.47 20,257.99 17,762.78 17,103.88 17,773.12 1,411.88 30,688.35 1,998,462.70 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Oct 20, 2009 28 AGENDA ITEM NO. - ITEM TITLE Warrant Register #13 for the period of 09/23/09 through 09/29/09 in the Amount of $1,145,633.89 PREPARED BY D. Gallegos -Finance DEPARTMENT EXPLANATION Finance Jeanette L.l• d 619-336-43 Per Government Section Code 37208, attached are the warrants issued for the period of 09/23/09 through 09/29/09. 1 XT. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation City of SD 229349 467,150.00 Valencia Park Trunk Sewer Public Emp Ret Sys 229414 280,603.29 PPE 09/21/09 J Environmental Review N/A MIS Approva Financial Statement Not applicable. Approved B Finance Director Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $1,145,633.89 BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register#13 A-200 (Rev. 7/03) 114 PAYEE INDUSTRIAL COATING AND PTM GENERAL ENGINEERING, SVCS REYES BERNAL SIGNA DIGITAL SOLUTIONS, INC_ BEARDCAROLYN ST. CLAIR CHRISTENSEN & SPATH LLP DIXIELINE BUILDERS ENVIRONMENTAL HAZARDS SERVICES ENVIRONMENTAL HEALTH COALITION EQUIFAX INFORMATION SVCS FEDEX GE CAPITAL HOWARDJOHNSONEXPRESS ICF JONES & STOKES LIMFUECO CIFIC BUSINESS CAPITAL CORP BAN FUTURES vtRONICA TAM & ASSOCIATES WADE & ASSOCIATES WELLS FARGO BANK YOUNG A MIRROR DECOR ACEDO AGARMA REALTY ALL POINTS PUBLIC FUNDING, LLC ALL THE KINGS FLAGS ALLEN AM -SOD INC. AMERICAN ROTARY BROOM CO., INC ASSISTED HOUSING ALERT AUSTIN DOORS BALLERINI COURT REPORTERS BANK OF AMERICA BIBLE BAPTIST CHURCH BOYD BROWN C W REED JR CARQUEST AUTO PARTS CARTER BURGESS CDWG I TREMONT LLC rY OF SAN DIEGO CITY-WIDE ELECTRONICS CLS SECURITY ELECTRONICS CONDON CORREIA CA1.ma1Fd NIA ti ^� a Isco.pcinkrio WARRANT REGISTER # 13 9/29/2009 DESCRIPTION FINAL RETENTION CONTRACTOR FOR THE NC SAFE REPLACE DIRECT DEPOSIT CANON IMAGE PROGRAF LARGE FORMAT REIMB PANELIST ON CRA SEMINAR ART CENTER CASA FAMILIAR REIMB CASA FAMILIAR RENTAL 623948 HUD HEALTHY HOMES DEM GRANT REIMB HEALTHY HOMES SERVICES CREDIT BACKGROUND CHECK FOR S8 COURIER SERVICE EQUIPMENT RENTAL REIMB ECO DEV LOAN PROGRAM WESTSIDE SPECIFIC PLAN GFOA REV FORECAST AND ANALYSIS EQUIPMENT RENTAL 07/16-08/12/09 IMPLEMENTATION PERFORMANCE IDIS FY 06/07 GRANTS ASSISTANCE BAY MARINA GATEWAY CREDIT CARD EXP REIMB EDUCATIONAL DEPOSIT #531 133 HIGHLAND AVE RETIREE HEALTH BENEFITS OCT 2009 DEPOSIT#1204 3110 E 16TH ST NEW FIRE TRUCK#2 LEASE PMT#18 EMBOSSED COTTON FLAG RETIREE HEALTH BENEFITS OCT 2009 PERFORMANCE TIF GREEN AUTO PARTS ASSISTED HOUSING ALERT PREVENTIVE MAINTENANCE HEARING ON THE APPEAL VOL III CREDIT CARD EXP DEPOSIT #715 2432E 18TH STREET RETIREE HEALTH BENEFITS OCT 2009 DEPOSIT #1051 225 W 30TH ST RETIREMENT 2000964-S90 OCT 2009 AUTO PARTS DEPOSIT #516 CARTER BURGESS SEL WINDOWS SERVER DATACENTER DEPOSIT #1029 TREMONT COURT VALENCIA PARK TRUNK SEWER ALARM MONITORING, REPAIRS CITY-WIDE BURGLAR & FIRE ALARMS RETIREE HEALTH BENEFITS OCT 2009 REIMB HEALTHY HOMES REPAIRS CHK NO DATE AMOUNT 229307 9/24/09 12,392.52 229308 9/24/09 41,040.00 229309 9/24/09 382.21 229310 9/24/09 5,322.88 229311 9/29/09 98.34 229312 9/29/09 17,583.81 229313 9/29/09 495.00 229314 9/29/09 27,942.89 229315 9/29/09 54.00 229316 9/29/09 11,798.66 229317 9/29/09 100.33 229318 9/29/09 17.63 229319 9/29/09 420.86 229320 9/29/09 11,007.63 229321 9/29/09 3,614.00 229322 9/29/09 1,132.97 229323 9/29/09 195.00 229324 9/29/09 487.50 229325 9/29/09 78.75 229326 9/29/09 20,308.50 229327 9/29/09 175.60 229328 9/29/09 1,200.00 229329 9/29/09 186.81 229330 9/29/09 160.00 229331 9/29/09 75.56 229332 9/29/09 19,613.22 229333 9/29/09 79.79 229334 9/29/09 125.00 229335 9/29/09 175.60 229336 9/29/09 138.73 229337 9/29/09 197.00 229338 9/29/09 3,252.91 229339 9/29/09 2,185.24 229340 9/29/09 80.43 229341 9/29/09 786.24 229342 9/29/09 145.00 229343 9/29/09 2.41 229344 9/29/09 1,123.93 229345 9/29/09 89.57 229346 9/29/09 121.90 229347 9/29/09 5,680.00 229348 9/29/09 3,428.54 229349 9/29/09 467,150.00 229350 9/29/09 55.50 229351 9/29/09 400.00 229352 9/29/09 280.00 229353 9/29/09 462.00 2/4 PAYEE COUNTY OF SAN DIEGO DAPPER TIRE COMPANY DEFRATIS DICERCHIO DREDGE DREW FORD EAGLE ELSUENO 2008 TRUST EWERT, PHILLIP FAST SIGNS FENTON FISCHBECK & OBERNDORFER FON-JON KENNELS GARCIA GRAINGER HAMILTON MEATS & PROVISIONS HANSON HEARTLAND COMM. FAC. AUTHORITY HINDERLITER DE LLAMAS & ASSOC HOLLOWAY HONEYWELL INC. INTEGRATED BIOMETRIC JAMES JOHN & CAROLYN ALVES JUNKER PARCEL KILLACKY, KEVIN KIMBLE KOLANDA KREPPS L N CURTIS & SONS LADRIDO LASER SAVER INC MAINTEX, INC. MARTENELLI MATIENZO MAYER REPROGRAPHICS MCCABE METRO FIRE & SAFETY MR. & MRS. RIVERA MURRAY MYERS MYKIE'S LAWN & POWER EQUIPMENT N C CHAMBER OF COMMERCE NAPA AUTO PARTS NATIONAL SELF STORAGE LLC NC LIVING HISTORY FARM PRESERV NOSAL, WILLIAM A. �-- CAI-"IFQRNIA+ NNT NCORPORATE, WARRANT REGISTER # 13 9/29/2009 DESCRIPTION SD SHARE OF PC REVENUE - AUG 09 TIRES FOR CITY FLEET RETIREE HEALTH BENEFITS OCT 2009 RETIREE HEALTH BENEFITS OCT 2009 RETIREE HEALTH BENEFITS OCT 2009 AUTO PARTS NC LOGO PINS REIMB HEALTHY HOMES REPAIRS RETIREE HEALTH BENEFITS OCT 2009 VINYL STICKERS 2009 WORKERS' COMP SEMINAR LIABILITY CLAIM COSTS KENNEL FEES DEPOSIT#1066 2007 VAN NESS AVE ELECTRICAL MATERIAL MEAT DELIVERY FOR NUTRITION RETIREE HEALTH BENEFITS OCT 2009 HCFA QTRLY BILLING - 1ST QTR AUDIT SVCS - TRANSACTIONS TAX RETIREE HEALTH BENEFITS OCT 2009 REPAIRS NOT COVERED BY MAINTENANCE NEW EMP FINGERPRINT TEST RETIREE HEALTH BENEFITS OCT 2009 REIMB HEALTHY HOMES REPAIRS DEPOSIT #788 M AVE & 9TH ST REIMB SD COUNTY PROTOCOL BOOKS RETIREE HEALTH BENEFITS OCT 2009 RETIREE HEALTH BENEFITS OCT 2009 REIMB FOR MISC ITEMS FOR REPAIRS 6018025.02 TURNOUT COATS/PANTS REIMB - SECTION 8 TRAINING COMPUTER SUPPLIES MISCELLANEOUS JANITORIAL SUPPLIES DEPOSIT #1184 940 E 16TH STREET RETIREE HEALTH BENEFITS OCT 2009 DIGITAL BOND PRINTING 09-7 RETIREE HEALTH BENEFITS OCT 2009 DRY CHEM SVC/FIRE EXTINGUISHER DEPOSIT #1085 3525 STOCKMAN ST RETIREE HEALTH BENEFITS OCT 2009 RETIREE HEALTH BENEFITS OCT 2009 AUTO PARTS SALUTE TO THE NAVY AUTO PARTS DEPOSIT #509 33RD AND NCB REIMB - BATHROOM CONSTRUCTION RETIREMENT SETTLEMENT OCT 2009 CHK NO DATE AMOUNT 229354 9/29/09 10,359.50 229355 9/29/09 1,316.42 229356 9/29/09 120.00 229357 9/29/09 70.00 229358 9/29/09 250.00 229359 9/29/09 156.12 229360 9/29/09 2,349-00 229361 9/29/09 336.00 229362 9/29/09 160.00 229363 9/29/09 47.74 229364 9/29/09 68.05 229365 9/29/09 20,000.00 229366 9/29/09 350.00 229367 9/29/09 3,993.70 229368 9/29/09 834.14 229369 9/29/09 75.56 229370 9/29/09 135.00 229371 9/29/09 2,071.41 229372 9/29/09 4,604.42 229373 9/29/09 150.00 229374 9/29/09 677.38 229375 9/29/09 14.00 229376 9/29/09 140.00 229377 9/29/09 1,302.00 229378 9/29/09 497.76 229379 9/29/09 110.92 229380 9/29/09 300.00 229381 9/29/09 135.00 229382 9/29/09 57.84 229383 9/29/09 13,841.57 229384 9/29/09 258.52 229385 9/29/09 85.28 229386 9/29/09 1,753.52 229387 9/29/09 68.50 229388 9/29/09 100.00 229389 9/29/09 330-33 229390 9/29/09 280.00 229391 9/29/09 42.39 229392 9/29/09 1,621.48 229393 9/29/09 150.00 229394 9/29/09 140.00 229395 9/29/09 522.7( 229396 9/29/09 50.0L 229397 9/29/09 413.35 229398 9/29/09 233.87 229399 9/29/09 10,000.00 229400 9/29/09 1,065.60 PAYEE OLSON URBAN HOUSING LLC OUT BACK MANUFACTURING PACIFIC AUTO REPAIR PAUU PBS&J PEACE OFFICERS RESEARCH PERISCOPE HOLDINGS, INC. PERRY FORD PERVO PAINT CO. PORT OF SAN DIEGO PARK POST POTTER PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM QUALA-TEL ENTERPRISES QUEZADA WING SHOES nv3ERT HALF LEGAL ROJAS RON BAKER CHEVROLET ROYAL DISTRIBUTION RUIZ RUSS' BEE REMOVAL SAM'S ALIGNMENT SAN DIEGO SPEEDO TACH, INC. SDG&E SHORT, CRAIG SOUTHERN CALIF TRUCK STOP STAPLES ADVANTAGE STRATACOM SWEETWATER AUTHORITY SYMPRO, INC. THE LIGHTHOUSE, INC. TIDELANDS PARTNERS, LCC TOM MOYNAHAN TYLER TECHNOLOGIES. INC U S BANK CORPORATE PAYMT SYS V & V MANUFACTURING VALLEY DETROIT DIESEL ALLISON VALLEY DETROIT DIESEL ALLISON ARINO i. DARLEY WALKER WAXIE SANITARY SUPPLY WILLOW PARTNERS LLC ZAPATA nvcoRP6RA.TVP WARRANT REGISTER # 13 9/29/2009 DESCRIPTION CHK NO DEPOSIT #677 8TH ST & R AVE 229401 MOTORCYCLE HELMET/RADIO ADAPTER 229402 SMOG CERTIFICATION & REPAIRS 229403 RETIREE HEALTH BENEFITS OCT 2009 229404 WASTEWATER FINANCIAL SERVICES 229405 PORACIPEACE OFFICER RESEARCH 229406 COMMODITY CODE ANNUAL RENEWAL 229407 LABOR, REPLACE CATALYTIC CONVERTER 229408 TRAFFIC CONTROL SUPPLIES BAYFRONT EXPO RETIREE HEALTH BENEFITS OCT 2009 RETIREE HEALTH BENEFITS OCT 2009 LAUNDRY SERVICE SERVICE PERIOD 09-09-4 REPAIRS ON (3) SIGTRONIC HEADSETS REIMB HEALTHY HOMES REPAIRS RETIREE HEALTH BENEFITS OCT 2009 SAFETY BOOTS TEMP EMPLOYEE W/E 9/18/09 DEPOSIT #1075 JORGE ROJAS PARTS, SENSOR KIT, FILTER CREATIVE SUITE 4 FOR WINDOWS RETIREE HEALTH BENEFITS OCT 2009 REMOVE 2 BEE HIVES R&M AUTO EQUIPMENT SPEEDOMETER CALIBRATIONS FOR CITY UTILITIES - ELECTRICITY RETIREE HEALTH BENEFITS OCT 2009 GAS OFFICE SUPPLIES BUSINESS FORMS UTILITIES - WATER ANNUAL SUPPORT RENEWAL AUTO PARTS DEPOSIT #1120 1445 TIDELANDS AVE R&M AUTO EQUIPMENT ADD E-USERS FOR HRWEB CREDIT CARD EXP - FIRE EMPLOYEE RECOGNITION PINS PARTS BRAKES FOR FIRE PUMPER DEPOSIT#843 1816 E 11TH ST MISC TOOLS DEPOSIT #1130 305 29TH ST ELECTRONIC HANDS FREE TOWEL DEPOSIT #1095 1535 E PLAZA BLVD REIMB-CITY PROMOTIONAL ACTIVITIES 3/4 DATE AMOUNT 9/29/09 39.97 9/29/09 510.38 9/29/09 393.79 9/29/09 340.00 9/29/09 12,138.00 9/29/09 110.00 9/29/09 150.00 9/29/09 1,715.95 229409 9/29/09 375.56 229410 9/29/09 1,500.00 229411 9/29/09 280.00 229412 9/29/09 150.00 229413 9/29/09 250.02 229414 9/29/09 280,603.29 229415 9/29/09 345.91 229416 9/29/09 334.00 229417 9/29/09 190.00 229418 9/29/09 125.00 229419 9/29/09 1,024.00 229420 9/29/09 3,237.33 229421 9/29/09 568.32 229422 9/29/09 2,609.78 229423 9/29/09 310.00 229424 9/29/09 575.00 229425 9/29/09 174.63 229426 9/29/09 29.00 229427 9/29/09 36,571,19 229428 9/29/09 300.00 229429 9/29/09 28.73 229430 9/29/09 600.15 229431 9/29/09 332.55 229432 9/29/09 459.98 229433 9/29/09 4,602:94 229434 9/29/09 15.50 229435 9/29/09 958.85 229436 9/29/09 50.00 229437 9/29/09 10,200.00 229438 9/29/09 343.20 229439 9/29/09 1,696.78 229440 9/29/09 18,030.81 229441 9/29/09 1,373.98 229442 9/29/09 55.85 229443 9/29/09 3,689.63 229444 9/29/09 2,421.25 229445 9/29/09 621.54 229446 9/29/09 2,384.25 229447 9/29/09 63.06 4/4 WARRANT REGISTER # 13 9/29/2009 PAYEE DESCRIPTION CHK NO DATE AMOUNT ZIETLOW, DAVID RETIREE HEALTH BENEFITS OCT 2009 229448 9/29/09 150.00 ZUMAR INDUSTRIES SIGNS 229449 9/29/09 49975 SECTION 8 HAPS PAYMENTS Start Date End Date 9/23/2009 9/29/2009 AIP Total 1,137,013.45 8,620.44 GRAND TOTAL $ 1,145,633.89 iscoRPORA si) Warrant Register #13 9/29/2009 001 GENERAL FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 125 SEWER SERVICE FUND 166 NUTRITION 212 PERSONNEL COMPENSATION FUND 282 REIMBURSABLE GRANTS CITYWIDE 294 HUD HEALTHY HOMES GRANT 301 GRANT-C.D.B.G. 314 OTS GRANT 323 SAFE ROUTES TO SCHOOL 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 333,617.18 237.23 547.49 479, 319.03 75.56 6,749.53 5,130.33 2,434.00 29,810.22 45,572.88 790.00 8,979.29 78.75 67,528.01 28,437.89 42,673.20 20,068.05 13,042.72 10,200.00 5,170.91 25,057.35 20,114.27 1,145,633.89 City of National City, California CITY COUNCIL AGENDA STATEMENT MEETING DATE October 20, 2009 AGENDA ITEM NO. 29 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTIONS 3, 4, AND 5 OF ORDINANCE NO. 1619, SECTION 5 OF ORDINANCE NO. 1829, AND SECTION 5 OF ORDINANCE NO. 91-2012, PERTAINING TO THE COMMITTEE FOR HOUSING AND COMMUNITY DEVELOPMENT PREPARED BY George H. Eiser, III (Ext. 4221) DEPARTMENT City Attorney At the June 16, 2009 City Council meeting, the City Council considered a report pertaining to the EXPLANATION Advisory and Appeals Board and the Housing and Community Development Committee. The agenda materials for that meeting are attached. At the conclusion of the discussion regarding the Housing and Community Development Committee (the "Committee"), the City Council directed the City Attorney to prepare an ordinance providing that the Planning Commission (the "Commission") shall act as the Committee; that two additional members who are tenants of the Housing Authority, one of whom is over 62 years of age, shall be appointed to the Commission; that those appointees shall meet and deliberate with the Commission only when the Commission is considering those matters that are included within the functions and duties of the Committee; and that the functions and duties of the Committee shall remain the same. In addition to the above provisions, the proposed ordinance would provide that the two ex officio members would receive no compensation, but would be eligible for reimbursement for expenses incurred in the performance of official duties, and would require them to disclose any reportable financial interests as members of the Housing and Community Development Committee under the City's Conflict of Interest Code. With respect to the functions and duties, subsequent to the September 15 Council meeting, the Housing and Grants staff was informed by HUD that the Committee is no longer required to become involved in the administration of the City's CDBG and HOME programs. As a result of this development, the ordinance now being proposed for .ntroduction deletes these two items as functions of the Committee. Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Introduce Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Agenda materials from June 16, 2009 City Council meeting Ordinance Resolution No. A-200 (9/99) Mayor Ron Morrison Council Members Frank Parra Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate 6kn. k.0 g:N Office of the City Attorney City Attorney George H. Eiser, Ill Senior Assistant City Attomey Claudia Gacitua Silva Senior Assistant City Attorney Jodi L. Doucette Risk Manager Ashley K. Fenton TO: Mayor and City Council DATE: June 2, 2009 FROM: City Attorney SUBJECT: Report on Housing and Community Development Committee; Advisory and Appeals Board Introduction In a recent memorandum to the City Manager, a copy of which is attached, the City Clerk reported that the Housing and Community Development Committee and the Advisory and Appeals Board commonly experience a lack of a quorum, no items of business, and often have vacancies in their membership. Because these bodies are virtually non- functioning, the City Clerk in his memorandum suggests that it may be appropriate to question the need for their continued existence. To assist in an analysis of this. issue, this report examines the basis for establishment of and the functioning of the Housing and Community Development Committee, and the Advisory and Appeals Board. HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE Background Section 34120 of the California Health and Safety Code, part of the Community Redevelopment Law, requires the City Council, in cases where it has declared itself to be the board of the Community Development Commission (which the National City City Council has), to appoint two additional CDC board members who are tenants of the housing authority if the housing authority has tenants, one of which tenants shall be over 62 years of age if the housing authority has tenants of that age. If the housing authority has no tenants, the Council shall adopt an ordinance providing for the appointment of tenants within one year of the housing authority first having tenants. Section 34120 further provides that as an alternative to appointing tenants of the housing authority as two additional members of the CDC board, the CDC may create a community development committee to which the two tenant appointments may be made. In 1978, the City Council adopted Ordinance No. 1619 creating such a committee, which was named the Housing and Community Development Committee (the "Committee"). 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 Section 34120.5 of the Health and Safety Code requires that the Housing and Community Development Committee consist of no more than seven members, or no more than nine members if some of the members are tenants of the housing authority. Section 34120.5 further requires that if a committee is created, its function shall be to review and make recommendations on all matters to come before the CDC prior to CDC Board action, except emergency matters, and matters that the committee, by resolution, excludes from committee review and recommendation. The City Council may provide for procedures for review and recommendation, and for further functions of the committee, and may delegate any of its functions as the CDC to the committee. As mentioned above, the City Council adopted Ordinance No. 1619 in 1978, establishing the Housing and Community Development Committee. Section 4 of the Ordinance states that: . . . the purpose of said Committee shall be to encourage communication from persons, organizations and institutions in the City of National City and to give advice and make recommendations to the Community Development Commission of the City of National. City or to the City Council of the City of National City in connection with housing projects, programs and policies, including the following: a) The Community Development Block Grant Program pursuant to the U.S. Housing and Community Development Act of 1974, as amended. b) The Housing and Urban Development Section 312 Rehabilitation Loan Program within the adopted Housing Assistance Area, as amended. c) The Housing and Urban Development . Section 8 Housing Assistance Payments Program for existing housing and for new construction including 300 units for handicapped and elderly persons. d) The relocation of families and individuals displaced_. from their residences by the projects and programs of the Community Development Commission. e) The housing and neighborhood improvement aspects of the proposed Amendment No. 1, Center City Redevelopment Project. f) Other housing improvements, housing assistance and neighborhood improvement projects, programs and policies in connection with Federal and State laws relating to housing and neighborhood improvement. 2 With respect to the Committees' duties, the Ordinance provides that the Committee shall Iimit its review and recommendation to the matters set forth above, through the adoption of its by-laws. The composition of the Committee is set forth at Section 5 of the Ordinance which provides, in relevant part, that the Committee: . . shall consist of nine members who shall be appointed by and serve at the pleasure of the Mayor with the concurrence of the City Council. Members of the Committee shall be residents of the City of National City and shall serve for two year terms. Membership shall be as follows: (a) Two members shall be tenants of the Community Development Commission in its capacity as Housing Authority and one of the two tenants shall be over 62 years of age. (b) Seven members shall be appointed in partial fulfillment of the requirements for Citizen Participation in the U.S. Housing and Community Development Act of 1974 as amended by the U.S. Housing and Community Development Act of 1977 and to fulfill the requirements of Sections 33385 through 33388 of the Law entitled "Project Area Committee". (1) Not less than one member shall be an owner occupant within a redevelopment project in which a substantial number of low or moderate income families are to be displaced from their homes. (2) Not less than one member shall be a tenant in a redevelopment project in which such substantial displacement is to occur. (3) Not less than one member shall be in business within a redevelopment projects. (4) Not less than one member shall represent an existing organization or institution within a redevelopment project in which such substantial displacement is to occur. Committee members shall be appointed to best reflect the interests of persons, groups, businesses and institutions affected by the Projects and Programs of the Community Development Commission, as they may vary from time to time. (5) 3 (c) The Chairperson and the Vice Chairperson of the Committee shall be appointed in January of each year for one year terms by the Mayor with the concurrence of the City Council. The Secretary of the Commission shall be elected in January of each year by the Committee and shall serve for a one year term. Discussion Under the Community Redevelopment Law, when the City Council appoints itself as the Community Development Commission, the Council has two options: (1) appointment to the CDC Board of two additional members who are tenants of the housing authority, or (2) creation of a Housing and Community Development Committee to which the two tenant members may be appointed. The City Council chose the second option in 1978, with the adoption of Ordinance No. 1619. Because of the difficulties encountered in the proper functioning of the Committee, including problems in convening a quorum, the City Council may wish to consider another approach in complying with the mandate of the Community Redevelopment Law. For example, the Council could enact an ordinance providing that the Planning Commission, which consists of seven members, would perform the functions and duties of the Committee, at such times as Committee business must be conducted. These functions and duties could be those that the Committee is currently assigned, or they could be expanded, modified, or reduced. With respect to the requirement that two housing authority tenants be members of the Committee, the Council could include two such members among its appointments to the seven -member Planning Commission,or alternatively, appoint the tenant members as two additional members of the Commission, to act as part of the Commission solely when there is Committee business to be conducted. Of course, the City Council always has the option of maintaining the status quo, which would currently require the filling of at least three vacancies, including the two housing authority tenant members. Even in selecting this option, the Council could act to reduce the number of members on the Commission, change the composition of the Commission (although appointment of two tenant members is mandatory in any event), and revise the Commission's duties. ADVISORY AND APPEALS BOARD Background The Advisory and Appeals Board (the "Board")was first established by the City Council in 1972, pursuant to Ordinance No. 1324, and assumed what is substantially its current form with the adoption of Ordinance No. 1834 in 1984: Unlike the Housing and Community Development Committee, creation of the Board was not mandated by State law, but was conceived of entirely by the City. The Advisory and Appeals Board also differs from the Housing and Community Development Committee in that the provisions of the ordinance establishing the Board were codified, i.e., placed into the National City Municipal Code as Chapter 15.04. Section 15.04.010 of Chapter 15.04 states that the Advisory and Appeals Bard consists of seven members, and sets forth the jurisdiction and duties of the Board as follows: A. Alternate Materials and Method of Construction. The advisory and appeals board may approve such alternate materials and/or method of construction provided they find that the proposed materials and/or method of construction, for the purpose intended, is at least equivalent of that prescribed in the code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation. B. Refusal to Issue Permits. The refusal of the director of building and safety or fire chief to issue any permit required by the city may be appealed by the applicant to the advisory and appeals board. C. Notice to Abate Public Nuisances. The action of the director of building and safety or fire chief in issuing a correction notice or a notice to abate a public nuisance may be appealed to the advisory and appeals board. Interpretation of City Codes. The decision of the director of building and safety or fire chief in interpreting provisions of the building code, housing code, electrical code, plumbing code, mechanical code and fire code of the city may be appealed to the advisory and appeals board. Section 15.04.020 provides that the members of the Board shall be appointed for a term of four years by the City Council, although State law, which takes precedence, provides that an appointment to a board of this type shall be by the Mayor, with the approval of the City Council. Section 15.04.030 provides that the Board shall adopt rules for the conduct of its hearings; that a tie vote of the Board shall affirm an action of the Fire Chief or the Chief Building Official; and that the Board may appoint a hearing panel of one or more of its members to hear an appeal. Section 15.04.040 states that special meetings of the Board may be called pursuant to the provisions of Section 54956 of the California Government Code. Section 15.04.050 states that the Director of Building and Safety shall be the secretary of the Board. Section 15.04.060 sets forth detailed procedures for making appeals -to the Board; Section 15.04.070 provides that the decisions of the Board may be appealed to the City Council. Section 15.04.080 varies from the other sections of Chapter 15.04, providing that the City Council, rather than the Board, shall hear all appeals regarding the interpretation or application of disabled access regulations. Discussion Unlike the case of the Housing and Community Development Committee, the City Council has complete discretion over the creation and continued existence of the Advisory and Appeals Board. Because the Board has for all intents and purposes ceased to function, and because Chapter 15.04 already confers ultimate decision -making authority to the City Council in matters initially within the jurisdiction of the Board, the Council may wish to consider amending Chapter 15.04 to eliminate the Advisory and Appeals Board, and assume the authority currently vested in the Board. Alternatively, the Council may wish to maintain the existence of the Board, either in conformity with Chapter 15.04 of the Municipal Code, or with revisions to the Board's composition or duties. Conclusions It is requested that the City Council provide direction to the City Attorney's office as to how the Council would like to proceed on these issues. GEORGE H. EISER, III City Attorney G1-IE/gmo Attachment C'TY TT t RNEY City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-439 FEB 17 rill 1 ` Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 CI i r OF t1Wl lONAL CITY February 17, 2009 TO: Chris Zapata George Eiser FROM: Michael Dalla SUBJECT: Review of Status - Building Advisory Appeals Board and Housing and Community Development Committee As part of the process of updating and compiling information for a report to the City Council on Board & Commission vacancies and expired terms; a review of the need and desirability of maintaining some Boards & Committees is appropriate. Two such boards that warrant review at this time are the Building Advisory and Appeals Board and the Housing and Community Development Committee. BUILDING ADVISORY AND APPEALS BOARD (BAAB) HISTORY The Building Advisory and Appeals Board was established by Ordinance 1324 in 1972. It is authorized under provisions of the Health & Safety Code and the Uniform Building Code. STATUS The Board consists of seven members appointed by the City Council for four-year terms. It does not have a regular meeting schedule but rather meets "as needed". The last time the Board met was more than five years ago. The exact date is unknown. There are presently four vacancies• on the Board. Of the three remaining members, one is no longer able to serve, one has indicated that they no longer wish to be on the board and the third member's term expired four years ago. The only time the Board members are contacted by the City is to complete their annual Statement of Economic Interest. For all intents and purposes, the BAAB is a non-existent board with no apparent purpose. ISSUES The current make-up and status of Board membership and the practically non-existent need for them to meet over the last several years raises some basic questions, such as: 1. Is there a statutory need or desire to maintain the Advisory & Appeals Board? 2. If the answer is `yes'; can the duties of the BAAB be addressed in some other way? 3. Does a smaller Board make sense or can additional responsibilities be assigned in order to make the Board meaningful? HOUSING & COMMUNITY DEVELOPMENT COMMITTEE (HCDC1 HISTORY The HCDC was established by Ordinance 1619 with Statutory Authority from Health and Safety Code Section STATUS The nine member committee has at least three vacancies. The actual number of vacancies is difficult to determine because a meeting of the committee has not been held for some time. When a meeting was called, there was no quorum. Originally the committee met monthly under the auspices of the CDC. Its most recent (and only) charge when it was last active was to review and recommend funding allocations to the City Council for the CDBG program. With organizational and staff changes, the committee has become inactive; non-functioning and without an identifiable department liaison or coordinator. As with the BAAB, the only contact the HCDC members have with the City is for their annual Statement of Economic interest. The terms of existing members have all expired. ISSUES Given its recent history and inactivity, current and future housing issues confronting the City as well as California and HUD housing regulations; is the HCDC still a necessary and valuable committee with a purpose? If the answer is 'yes' then should thought be given to clarifying and defining exactly what that role is and how best to facilitate it? RECOMMENDATION Both the Building Advisory and Appeals Board and the HCDC need members. It is difficult to recruit and retain members to serve on committees that do not meet nor have a clearly defined mission or purpose. Clarifying the need, purpose and make-up of both Boards should be the first order of business before attempting to recruit and or reappoint new members_ It is recommended that the issues identified above, along with legal and policy considerations, be considered to determine an appropriate course of action. Recruitment, appointment and re -appointment activities will be held in abeyance pending such review. Copies of the Ordinances that created the two boards are attached. cc: Leslie Deese Brad Raulston ORDINANCE NO. 2009 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTIONS 3, 4, AND 5 OF ORDINANCE NO. 1619, SECTION 5 OF ORDINANCE NO. 1829, AND SECTION 5 OF ORDINANCE NO. 91-2012, PERTAINING TO THE COMMITTEE FOR HOUSING AND COMMUNITY DEVELOPMENT BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That Section 3 of Ordinance No. 1619 is amended to read as follows: Section 3: There is hereby established, pursuant to the provisions of the U.S. Housing and Community Development Act of 1974, as amended, and pursuant to Sections 34120(c) and 34120.5(a) and (b) of the California Community Redevelopment Law, hereinafter called "the Law", a Committee for Housing and Community Development ("the Committee"). The purpose and functions of the Committee shall be implemented by the Planning Commission acting as the Committee, and all references to the Committee shall be considered as referring to the Planning Commission. Section 2. Section 4: The purpose of said Committee shall be to encourage communication from persons, organizations and institutions in the City of National City and to give advice and make recommendations to the Community Development Commission of the City of National City onto the projects, programs and policies including the following: (a) The Housing and Urban Development Section 8 Housing Assistant Payments Program for existing housing and for new construction. (b) Housing improvement, housing assistance and neighborhood improvement projects, programs and policies in connection with State law relating to housing and neighborhood improvement. The Committee shall, after its establishment, limit its review and recommendation to those matters set forth in this Section 4 through its By - Laws. Section 3. That Section 5 of Ordinance No. 1619, Section 5 of Ordinance No. 1829, and Section 5 of Ordinance No. 91-2012 are amended to read as follows: Section 5. (a) The Committee shall be comprised of the seven (7) members of the Planning Commission (the "Commission"), who shall sit as the Board of the Committee when the Commission is acting in the capacity and carrying out the functions of the Committee. In addition, the City Council shall appoint two (2) ex officio members to four year terms, who shall be tenants of the Community Development Commission ("CDC"), and one (1) of whom shall be over 62 years of age. Said ex officio members shall sit with the seven (7) members of the Planning Commission on such occasions as the Commission is acting in the capacity and carrying out the functions of the Committee. Said ex officio members shall serve at the pleasure of the City Council. (b) The Commission, when acting in the capacity and carrying out the functions of the Committee, shall utilize a Committee agenda, which shall be separate and distinct from the Commission agenda. Except for special meetings of either body, meetings of the Commission and the Committee shall be scheduled for the same date and time, unless it is impracticable to do so, with the meeting of one body to be held consecutively after the other. (c) The Chairperson and Vice -Chairperson of the Planning Commission shall also be the Chairperson and Vice - Chairperson of the Committee. The two ex officio members shall not receive compensation, but shall be eligible for reimbursement of expenses incurred in the performance of official duties. The two ex officio members shall disclose reportable financial interests as members of the Housing and Community Development Committee pursuant to the City's Conflict of Interest Code. PASSED and ADOPTED this 6th day of October, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk George H. Eiser, III City Attorney City of National City, California CITY COUNCIL AGENDA STATEMENT MEETING DATE October 20, 2009 AGENDA ITEM NO. 30 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 2.28 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING SECTION 2.28.015 THERETO, PERTAINING TO THE PLANNING COMMISSION FUNCTIONING AS THE COMMITTEE FOR HOUSING AND COMMUNITY DEVELOPMENT PREPARED BY George H. Eiser, III (Ext. 4221) DEPARTMENT City Attorney EXPLANATION A companion item on this October 20 agenda is the introduction of an ordinance amending portions of Ordinance Nos. 1619, 1829, and 91-2012, to provide that the purpose and functions of the Committee for Housing and Community Development will henceforth be implemented by the Planning Commission. This subject was first discussed at the June 16, 2009 City Council meeting; please refer to the agenda materials for the June 16 meeting, included with the materials for the aforementioned companion item on this agenda. The proposed ordinance would amend Chapter 2.28 of the Municipal Code, which pertains to the Planning Commission, to mirror the provisions of the ordinance being introduced with the companion item. Environmental Review .1 N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Introduce Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Ordinance Resolution No. A-200 (9/99) ORDINANCE NO. 2009 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 2.28 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING SECTION 2.28.015 THERETO, PERTAINING TO THE PLANNING COMMISSION FUNCTIONING AS THE COMMITTEE FOR HOUSING AND COMMUNITY DEVELOPMENT BE IT ORDAINED by the City Council of the City of National City that Chapter 2.28 of the National City Municipal Code is amended by adding Section 2.28.015 thereto, to read as follows: 2.28.015 Planning Commission to Function as Committee on Housing and Community Development — Ex Officio Members. A. In addition to the functions conferred upon it by the Municipal Code and by state law, the Planning Commission shall also act in the capacity and carry out the functions of the board of the Committee on Housing and Community Development (the "Committee"). B. The Committee shall be comprised of the seven (7) members of the Planning Commission (the "Commission"), who shall sit as the Board of the Committee when the Commission is acting in the capacity and carrying out the functions of the Committee. In addition, the City Council shall appoint two (2) ex officio members to four year terms, who shall be tenants of the Community Development Commission ("CDC"), and one (1) of whom shall be over 62 years of age. Said ex officio members shall sit with the seven (7) members of the Planning Commission on such occasions as the Commission is acting in the capacity and carrying out the functions of the Committee. Said ex officio members shall serve at the pleasure of the City Council. C. The Commission, when acting in the capacity and carrying out the functions of the Committee, shall utilize a Committee agenda, which shall be separate and distinct from the Commission agenda. Except for special meetings of either body, meetings of the Commission and the Committee shall be scheduled for the same date and time, unless it is impracticable to do so, with the meeting of one body to be held consecutively after the other. D. The Chairperson and Vice -Chairperson of the Planning Commission shall also be the Chairperson and Vice -Chairperson of the Committee. The two ex officio members shall not receive compensation, but shall be eligible for reimbursement of expenses incurred in the performance of official duties. The two ex officio members shall disclose reportable financial interests as members of the Housing and Community Development Committee pursuant to the City's Conflict of Interest Code. E. The purpose of said Committee shall be to encourage communication from persons, organizations and institutions in the City of National City and to give advice and make recommendations to the Community Development Commission of the City of National City or to the projects, programs and policies including the following: 1. The Housing and Urban Development Section 8 Housing Assistant Payments Program for existing housing and for new construction. 2. Housing improvement, housing assistance and neighborhood improvement projects, programs and policies in connection with Federal and State laws relating to housing and neighborhood improvement. The Committee shall, after its establishment, limit its review and recommendation to those matters set forth in this Subsection E through its By -Laws. Ordinance No. 2009 — Page 2 of 2 PASSED and ADOPTED this day of , 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT EETING DATE October 20, 2009 AGENDA ITEM NO. 31 ITEM TITLE A Resolution Approving the Form of and Authorizing the Execution and Delivery of a Purchase and Sale Agreement and Related Documents with Respect to the Sale of the Seller's Proposition 1A Receivable from the State; and Directing and Authorizing Certain other actions In connection therewith PREPARED BY Jeanette Ladrido, Finance Director EXPLANATION See attached background. Environmental Review N/A Financial Statement DEPARTMENT Finance x 4331 Approved By: Je.rette Ladrido, Finance Director Participation in the Proposition 1A Sale will provide immediate cash relief for the City's General Fund and the City will receive 100% of its funding in 2 installments —January 15, 2010 and May 3, 2010. STAFF RECOMMENDATION After Council discussion and questions, if the Council wishes to participate in the Proposition 1A Securitization Program, it should adopt the proposed Proposition 1A Sale Resolution and Purchase and Sale Agreement, BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Proposed Purchase and Sale Agreement with Exhibits A-200 (9/80) Background Proposition lA Suspension: Proposition 1A was passed by California voters in 2004 to ensure local property tax and sales tax revenues remain with local government thereby safeguarding funding for public safety, health, libraries, parks, and other local services. Provisions can only be suspended if the Governor declares a fiscal necessity and two-thirds of the Legislature concur. The emergency suspension of Proposition 1A was passed by the Legislature and signed by the Governor as ABX4 14 and ABX4 15 as part of the 2009-10 budget package on July 28, 2009. Under the provision, the State will borrow 8% of the amount of property tax revenue apportioned to cities, counties and special districts. The state will be required to repay those obligations plus interest by June 30, 2013. The legislature is currently reviewing a clean-up bill, SB67 which would provide for a few critical changes to the enacted legislation, including but not limited to providing for: financing to occur in November; county auditor certification of amount of Prop lA receivable; tax-exempt structure; California Communities as the only issuer; more flexibility on bond structure (interest payments, state payment date and redemption features); sales among local agencies; and revision to the hardship mechanism. While SB 67 has not yet been passed and signed into law, California Communities expects that to occur prior to funding the Program. If for any reason SB 67 is not enacted and the bonds cannot be sold by December 31, 2009, all approved documents placed in escrow with Transaction counsel will be of no force and effect and will be destroyed. Proposition lA Securitization Program: Authorized under ABX4 14 and ABX4 15, the Proposition lA Securitization Program was instituted by California Communities to enable Local Agencies to sell their respective Proposition 1A Receivables to California Communities. Currently, SB67 is being considered to clarify specific aspects of ABX4 14 and ABX4 15. Under the Securitization Program, California Communities will simultaneously purchase the Proposition lA Receivables, issue bonds ("Prop lA Bonds") and provide each local agency with the cash proceeds in two equal installments, on January 15, 2010 and May 3, 2010 (to coincide with the dates that the State will be shifting property tax from local agencies). The purchase price paid to the local agencies will equal 100% of the amount of the property tax reduction. All transaction costs of issuance and interest will be paid by the State of California. Participating local agencies will have no obligation on the bonds and no credit exposure to the State. If the City sells its Proposition lA Receivable under the Proposition 1A Securitization Program, California Communities will pledge the City's Proposition 1A Receivable to secure the repayment of a corresponding amount of the Prop lA Bonds. The City's sale of its Proposition lA Receivable will be irrevocable. Bondholders will have no recourse to the City if the State does not make the Proposition lA Repayment. Proposition IA Program Sponsor: California Statewide Communities Development Authority ("California Communities") is a joint powers authority sponsored by the California State Association of Counties and the League of California Cities. The member agencies of 1 California Communities include approximately 230 cities and 54 counties throughout California. [Note —the City does not need to be a member of California Communities to participate]. Benefits of Participation in the Proposition lA Securitization Program: The benefits to the City of participation in the Proposition IA Securitization Program include: • Immediate cash relief — the sale of the City's Proposition lA Receivable will provide the City with 100% of its Proposition 1 A Receivable in two equal installments, on January 15, 2010 and May 3, 2010. • Mitigates impact of 8% property tax withholding in January and May — Per ABX4 14 and ABX4 15 and the proposed clean-up legislation SB 67, the State will withhold 8% of property tax receivables due to Cities, Counties, and Special Districts under Proposition 1 A. The financing outlines bond proceeds to be distributed to coincide with the dates that the State will be shifting property tax from local agencies. • All costs of financing borne by the State of California. The City will not have to pay any interest cost or costs of issuance in connection with it participation. • No obligation on Bonds. The City has no obligation with respect to the payment of the bonds, nor any reporting, disclosure or other compliance obligations associated with the bonds. Proceeds of the Sale of the City's Proposition lA Receivable: Upon delivery of the Proposition lA Bonds, California Communities will make available to the City its fixed purchase price, which will equal 100% of the local agency's Proposition 1A Receivable. These funds may be used for any lawful purpose of the City and are not restricted by the program. Proposed Proposition lA Receivables Sale Resolution: The proposed Proposition lA Receivables Sale Resolution: (1) Authorizes the sale of the City's Proposition 1A Receivable to California Communities for 100% of its receivable; (2) Approves the form, and directs the execution and delivery, of the Purchase and Sale Agreement with California Communities and related documents; (3) Authorizes and directs any Authorized Officer to send, or to cause to be sent, an irrevocable written instruction required by statute to the State Controller notifying the State of the sale of the Proposition lA Receivable and instructing the disbursement of the Proposition IA Receivable to the Proposition lA Bond Trustee; 2 (4) Appoints certain City officers and officials as Authorized Officers for purposes of signing documents; and (5) Authorizes miscellaneous related actions and makes certain ratifications, findings and determinations required by law. Proposed Purchase and Sale Agreement The proposed Purchase and Sale Agreement: (1) Provides for the sale of the Proposition lA Receivable to California Communities; (2) Contains representations and warranties of the City to assure California Communities that the Proposition lA Receivable has not been previously sold, is not encumbered, that no litigation or other actions is pending or threatened to disrupt the transaction and the this is an arm's length "true sale" of the Proposition lA Receivable. (3) Provides mechanics for payment of the Purchase Price (4) Contains other miscellaneous provisions. Proposed Purchase and Sale Agreement Exhibits: The proposed Proposition lA Purchase and Sale Agreement Exhibits: (B1) Opinion of Counsel: This is an opinion of the counsel to the local agency (which may be an in-house counsel or an outside counsel) covering basic approval of the documents, litigation, and enforceability of the document against the Seller. It will be dated as of the Pricing date of the bonds (currently expected to be November 10, 2009). (B2) Bringdown Opinion: This simply "brings down" the opinions to the closing date (currently expected to be November 19, 2009). (C1) Certificate of the Clerk of the Local Agency: A certificate of the Clerk confirming that the resolution was duly adopted and is in full force and effect. (C2) Seller Certificate: A certification of the Seller dated as of the Pricing Date confirming that the representations and warranties of the Seller are true as of the Pricing Date, confirming authority to sign, confirming due approval of the resolution and providing payment instructions. (C3) Bill of Sale and Bringdown Certificate: Certificate that brings the certifications of C2 down to the Closing Date and confirms the sale of the Proposition 1A Receivable as of the Closing Date. (D) Irrevocable Instructions to the Controller: Required in order to let the State Controller know that the Proposition lA Receivable has been sold and directing the State to make payment of the receivable to the Trustee on behalf of the Purchaser. 3 (E) Escrow Instruction Letter: Instructs Transaction Counsel (Orrick) to hold all documents in escrow until closing, and if closing does not occur by December 31, 2009 for any reason, to destroy all documents. 4 CITY OF NATIONAL CITY, CALIFORNIA, as Seller and CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, as Purchaser PURCHASE AND SALE AGREEMENT Dated as of November 1, 2009 E-1 TABLE OF CONTENTS Page 1. DEFINITIONS AND INTERPRETATION 2 2. AGREEMENT TO SELL AND PURCHASE; CONDITIONS PRECEDENT 2 3. PURCHASE PRICE, CONVEYANCE OF PROPOSITION IA RECEIVABLE AND PAYMENT OF PURCHASE PRICE 3 4. REPRESENTATIONS AND WARRANTIES OF THE PURCHASER 4 5. REPRESENTATIONS AND WARRANTIES OF THE SELLER 5 6. COVENANTS OF THE SELLER 7 7. THE PURCHASER'S ACKNOWLEDGMENT 9 8. NOTICES OF BREACH 9 9. LIABILITY OF SELLER; INDEMNIFICATION 9 10. LIMITATION ON LIABILITY 10 11. THE SELLER'S ACKNOWLEDGMENT 10 12. NOTICES 10 13. AMENDMENTS 10 14. SUCCESSORS AND ASSIGNS 10 15. THIRD PARTY RIGHTS 11 16. PARTIAL INVALIDITY 11 17. COUNTERPARTS 11 18. ENTIRE AGREEMENT 11 19. GOVERNING LAW 12 EXHIBIT A — DEFINITIONS A-1 EXHIBIT B I — OPINION OF SELLER'S COUNSEL B1-1 EXHIBIT B2 — BRINGDOWN OPINION OF SELLER'S COUNSEL B2-1 EXHIBIT C 1 — CLERK'S CERTIFICA I'E C1-1 EXHIBIT C2 — SELLER CERTIFICATE C2-1 EXHIBIT C3 — BILL OF SALE AND BRINGDOWN CERTIFICATE C3-1 EXHIBIT D — IRREVOCABLE INSTRUCTIONS TO CONTROLLER D-1 EXHIBIT E — ESCROW INSTRUCTION LETTER E-1 PURCHASE AND SALE AGREEMENT TIIIS PURCHASE AND SALE AGREEMENT, dated as of November 1, 2009 (this "Agreement"), is entered into by and between: (1) CITY OF NATIONAL CTfY, a local agency of the State of California within the meaning of Section 6585(f) of the California Government Code (the "Seller"); and (2) CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, a joint exercise of powers authority organized and existing under the laws of the State of California (the "Purchaser"). RECITALS A. Pursuant to Section 25.5 of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code, local agencies within the meaning of Section 6585(f) of the California Government Code are entitled to receive certain payments to be made by the State of California (the "State") on or before June 30, 2013, as reimbursement for reductions in the percentage of the total amount of ad valorem property tax revenues allocated to such local agencies during the State's 2009-10 fiscal year, which reductions have been authorized pursuant to Sections 100.05 and 100.06 of the California Revenue and Taxation Code. B. The Seller is the owner of the Proposition IA Receivable (as defined below) and is entitled to and has determined to sell all right, title and interest in and to the Proposition 1A receivable, namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code, in order to obtain money to fund any lawful purpose as permitted under the applicable laws of the State. C. The Seller is authorized to sell or otherwise dispose of its property as the interests of its residents require. D. The Purchaser, a joint exercise of powers authority organized and existing under the laws of the State, has been authorized pursuant to Section 6588(x) of the California Government Code to purchase the Proposition 1A Receivable. E. The Seller is willing to sell, and the Purchaser is willing to purchase, the Proposition lA Receivable upon the terms specified in this Agreement. F. Pursuant to its Proposition lA Receivable Financing Program (the "Program"), the Purchaser will issue its bonds (the "Bonds") pursuant to an Indenture (the "Indenture"), between the Purchaser and Wells Fargo Bank, National Association, as trustee (the "Trustee"), and will use a portion of the proceeds thereof to purchase the Proposition IA Receivable from the Seller. G. The Purchaser will grant a security interest in such Proposition lA Receivable to the Trustee and each Credit Enhancer to secure the Bonds. AGREEMENT NOW, THEREFORE, in consideration of the above Recitals and the mutual covenants herein contained, the parties hereto hereby agree as follows: 1. Definitions and Interpretation. (a) For all purposes of this Agreement, except as otherwise expressly provided herein or unless the context otherwise requires, capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in Exhibit A attached hereto and which is incorporated by reference herein. (b) The words "hereof," "herein," "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not toany particular provision of this Agreement; section and exhibits references contained in this Agreement are references to sections and exhibits in or to this Agreement unless otherwise specified; and the term "including" shall mean "including without limitation." (c) Any agreement, instrument or statute defined or referred to herein or in any instrument or certificate delivered in connection herewith means such agreement, instrument or statute as from time to time may be amended, modified or supplemented and includes (in the case of agreements or instruments) references to all attachments and exhibits thereto and instruments incorporated therein; and any references to a Person are also to its permitted successors and assigns. 2. Agreement to Sell and Purchase; Conditions Precedent. (a) The Seller agrees to sell, and the Purchaser agrees to purchase, on the Closing Date, for an amount equal to the Purchase Price, all right, title and interest of the Seller in and to the "Proposition 1A receivable" as defined in Section 6585(g) of the California Government Code (the "Proposition IA Receivable"), namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code. The Purchase Price shall be paid by the Purchaser to the Seller in two equal cash installment payments, without interest (each, an "Installment Payment" and, collectively, the "Installment Payments"), on January 15, 2010, and May 3, 2010 (each a "Payment Date" and, collectively, the "Payment Dates"). The Purchaser shall pay the Purchase Price by wire transfer pursuant to wire instructions provided by the Seller to the Trustee by e-mail to john.deleray@wellsfargo.com or by facsimile to 213-614-3355, Attention: John Deleray. If wire instructions are not provided to the Trustee (or if such wire instructions are invalid) payment will be made by check mailed to the Seller's Principal Place of Business. (b) The performance by the Purchaser of its obligations hereunder shall be conditioned upon: (i) Transaction Counsel receiving on or before the date the Bonds are sold (the "Pricing Date"), to be held in escrow until the Closing Date and then delivered to the Purchaser on the Closing Date, the following documents 2 duly executed by the Seller or its counsel, as applicable: (1) an opinion of counsel to the Seller dated the Pricing Date in substantially the form attached hereto as Exhibit B1, (2) certificates dated the Pricing Date in substantially the forms attached hereto as Exhibit Cl and Exhibit C2, (3) irrevocable instructions to the Controller dated as of the Closing Date in substantially the form attached hereto as Exhibit D, (4) this Agreement, (5) a certified copy of the resolution of the Seller's City Council approving this Agreement, the transactions contemplated hereby and the documents attached hereto as exhibits, and (6) an escrow instruction letter in substantially the form attached hereto as Exhibit E; (ii) Transaction Counsel receiving on or before the Pricing Date, (1) a bringdown opinion of counsel to the Seller dated as of the Closing Date in substantially the form attached hereto as Exhibit B2, and (2) a bill of sale and bringdown certificate of the Seller (the "Bill of Sale") in substantially the form attached hereto as Exhibit C3; provided that the Purchaser may waive, in its sole discretion, the requirements of Section 2(b)(ii)(1); (iii) the Purchaser issuing Bonds in an amount which will be sufficient to pay the Purchase Price; and (iv) the receipt by the Purchaser of a certification of the County Auditor confirming the Initial Amount of the Proposition 1A Receivable pursuant to the Act. (c) The performance by the Seller of its obligations hereunder shall be conditioned solely upon the Purchaser's issuance of the Bonds its execution and delivery of this Agreement, pursuant to which it is legally obligated to pay the Installment Payments to the Seller on the Payment Dates as set forth in this Agreement, and no other act or omission on the part of the Purchaser or any other party shall excuse the Seller from performing its obligations hereunder. Seller specifically disclaims any right to rescind this Agreement, or to assert that title to the Proposition 1A Receivable has not passed to the Purchaser, should Purchaser fail to make Installment Payments in the requisite amounts on the Payment Dates. 3. Purchase Price, Conveyance of Proposition 1A Receivable and Payment of Purchase Price. (a) Upon pricing of the Bonds by the Purchaser, the Purchaser will inform the Seller that it will pay the Purchase Price in Installment Payments on the Payment Dates. (b) In consideration of the Purchaser's agreement to pay and deliver to the Seller the Installment Payments on the Payment Dates, the Seller agrees to (i) transfer, grant, bargain, sell, assign, convey, set over and deliver to the Purchaser, absolutely and not as collateral security, without recourse except as expressly provided herein, and the Purchaser agrees to purchase, accept and receive, the Proposition IA Receivable, and (ii) assign to the Purchaser, to the extent permitted by law, all present or future rights, if any, of the Seller to enforce or cause the enforcement of payment of the Proposition IA Receivable pursuant to the Act and other 3 3 applicable law. Such transfer, grant, bargain, sale, assignment, conveyance, set over and delivery is hereby expressly stated to be a sale and, pursuant to .Section 6588.6(b) of the California Government Code, shall be treated as an absolute sale and transfer of the Proposition lA Receivable, and not as a grant of a security interest by the Seller to secure a borrowing. This is the statement referred to in Sections 6588.6(b) and (c) of the California Government Code. 4. Representations and Warranties of the Purchaser. The Purchaser represents and warrants to the Seller, as of the date hereof, as follows: (a) The Purchaser is duly organized, validly existing and in good standing under the laws of the State of California. (b) The Purchaser has full power and authority to enter into this Agreement and to perform its obligations hereunder and has duly authorized such purchase and assignment of the Proposition IA Receivable by the Purchaser by all necessary action. (c) Neither the execution and delivery by the Purchaser of this Agreement, nor the performance by the Purchaser of its obligations hereunder, shall conflict with or result in a breach or default under any of its organizational documents, any law, rule, regulation, judgment, order or decree to which it is subject or any agreement or instrument to which it is a party. (d) To the best of the knowledge of the Purchaser, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, is pending or threatened in any way against the Purchaser affecting the existence of the Purchaser or the titles of its commissioners or officers, or seeking to restrain or to enjoin the purchase of the Proposition lA Receivable or to direct the application of the proceeds of the purchase thereof, or in any way contesting or affecting the validity or enforceability of any of the Transaction Documents or any other applicable agreements or any action of the Purchaser contemplated by any of said documents, or in any way contesting the powers of the Purchaser or its authority with respect to the Transaction Documents to which it is a party or any other applicable agreement, or any action on the part of the Purchaser contemplated by the Transaction Documents, or in any way seeking to enjoin or restrain the Purchaser from purchasing the Proposition IA Receivable or which if determined adversely to the Purchaser would have an adverse effect upon the Purchaser's ability to purchase the Proposition IA Receivable, nor to the knowledge of the Purchaser is there any basis therefor. (e) This Agreement, and its execution, delivery and performance hereof have been duly authorized by it, and this Agreement has been duly executed and delivered by it and constitutes its valid and binding obligation enforceable against it in accordance with the terms hereof, subject to the effect of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws relating to or affecting creditors' rights generally or the application of equitable principles in any proceeding, whether at law or in equity. (f) The Purchaser is a separate legal entity, acting solely through its authorized representatives, from the Seller, maintaining separate records, books of account, assets, bank accounts and funds, which are not and have not been commingled with those of the Seller. 4 (g) All approvals, consents, authorizations, elections and orders of or filings or registrations with any governmental authority, board, agency or commission having jurisdiction which would constitute a condition precedent to, or the absence of which would adversely affect, the purchase by the Purchaser of the Proposition 1 A Receivable or the performance by the Purchaser of its obligations under the Transaction Documents to which it is a party and any other applicable agreements, have been obtained and are in full force and effect. (h) Insofar as it would materially adversely affect the Purchaser's ability to enter into, carry out and perform its obligations under any or all of the Transaction Documents to which it is a party, or consummate the transactions contemplated by the same, the Purchaser is not in breach of or default under any applicable constitutional provision, law or administrative regulation of the State of California or the United States or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which it is a party or to which it or any of its property or assets is otherwise subject, and, to the best of the knowledge of the Purchaser, no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute a default or an event of default under any such instrument, and the execution and delivery by the Purchaser of the Transaction Documents to which it is a party, and compliance by the Purchaser with the provisions thereof, under the circumstances contemplated thereby, do not and will not conflict with or constitute on the part of the Purchaser a breach of or default under any agreement or other instrument to which the Purchaser is a party or by which it is bound or any existing law, regulation, court order or consent decree to which the Purchaser is subject. 5. Representations and__W__arranties of the Seller. The Seller hereby represents and warrants to the Purchaser, as of the date hereof, as follows: (a) The Seller is a local agency within the meaning of Section 6585(f) of the California Government Code, with full power and authority to execute and deliver this Agreement and to carry out its terms. (b) The Seller has full power, authority and legal right to sell and assign the Proposition IA Receivable to the Purchaser and has duly authorized such sale and assignment to the Purchaser by all necessary action; and the execution, delivery and performance by the Seller of this Agreement has been duly authorized by the Seller by all necessary action. (c) This Agreement has been, and as of the Closing Date the Bill of Sale will have been, duly executed and delivered by the Seller and, assuming the due authorization, execution and delivery of this Agreement by the Purchaser, each of this Agreement and the Bill of Sale constitutes a legal, valid and binding obligation of the Seller enforceable in accordance with its terms, subject to the effect of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws relating to or affecting creditors' rights generally or the application of equitable principles in any proceeding, whether at law or in equity. (d) All approvals, consents, authorizations, elections and orders of or filings or registrations with any governmental authority, board, agency or commission having jurisdiction which would constitute a condition precedent to, or the absence of which would adversely affect, the sale by the Seller of the Proposition 1 A Receivable or the performance by the Seller of its 5 obligations under the Resolution and the Transaction Documents to which it is a party and any other applicable agreements, have been obtained and are in full force and effect. (e) Insofar as it would materially adversely affect the Seller's ability to enter into, carry out and perform its obligations under any or all of the Transaction Documents to which it is a party, or consummate the transactions contemplated by the same, the Seller is not in breach of or default under any applicable constitutional provision, law or administrative regulation of the State of California or the United States or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which it is a party or to which it or any of its property or assets is otherwise subject, and, to the best of the knowledge of the Seller, no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute a default or an event of default under any such instrument, and the adoption of the Resolution and the execution and delivery by the Seller of the Transaction Documents to which it is a party, and compliance by the Seller with the provisions thereof, under the circumstances contemplated thereby, do not and will not conflict with or constitute on the part of the Seller a breach of or default under any agreement or other instrument to which the Seller is a party or by which it is bound or any existing law, regulation, court order or consent decree to which the Seller is subject. (f) To the best of the knowledge of the Seller, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, is pending or threatened in any way against the Seller affecting the existence of the Seller or the titles of its City Council members or officers to their respective offices, or seeking to restrain or to enjoin the sale of the Proposition lA Receivable or to direct the application of the proceeds of the sale thereof, or in any way contesting or affecting the validity or enforceability of any of the Transaction Documents or any other applicable agreements or any action of the Seller contemplated by any of said documents, or in any way contesting the powers of the Seller or its authority with respect to the Resolution or the Transaction Documents to which it is a party or any other applicable agreement, or any action on the part of the Seller contemplated by the Transaction Documents, or in any way seeking to enjoin or restrain the Seller from selling the Proposition IA Receivable or which if determined adversely to the Seller would have an adverse effect upon the Seller's ability to sell the Proposition lA Receivable, nor to the knowledge of the Seller is there any basis therefor. (g) Prior to the sale of the Proposition lA Receivable to the Purchaser, the Seller was the sole owner of the Proposition IA Receivable, and has such right, title and interest to the Proposition lA Receivable as provided in the Act. From and after the conveyance of the Proposition lA Receivable by the Seller to Purchaser on the Closing Date, the Seller shall have no right, title or interest in or to the Proposition lA Receivable. Except as provided in this Agreement, the Seller has not sold, transferred, assigned, set over or otherwise conveyed any right, title or interest of any kind whatsoever in all or any portion of the Proposition lA Receivable, nor has the Seller created, or to the best knowledge of the Seller permitted the creation of, any lien, pledge, security interest or any other encumbrance (a "Lien") thereon. Prior to the sale of the Proposition 1A Receivable to the Purchaser, the Seller held title to the Proposition 1A Receivable free and clear of any Liens. As of the Closing Date, this Agreement, together with the Bill of Sale, constitutes a valid and absolute sale to the Buyer of all of the Seller's right, title and interest in and to the Proposition IA Receivable. 6 (h) The Seller acts solely through its authorized officers or agents. (i) The Seller maintains records and books of account separate from those of the Purchaser. (j) The Seller maintains its respective assets separately from the assets of the Purchaser (including through the maintenance of separate bank accounts); the Seller's funds and assets, and records relating thereto, have not been and are not commingled with those of the Purchaser. (k) The Seller's principal place of business and chief executive office is located at 1243 National City Blvd, National City, CA 91950. (1) The aggregate amount of the Installment Payments is reasonably equivalent value for the Proposition lA Receivable. The Seller acknowledges that the amount payable to or on behalf of the Purchaser by the State with respect to the Proposition lA Receivable will be in excess of the Purchase Price and the Initial Amount of the Proposition 1A Receivable and confirms that it has no claim to any such excess amount whatsoever. (m) The Seller does not act as an agent of the Purchaser in any capacity, but instead presents itself to the public as an entity separate from the Purchaser. (n) The Seller has not guaranteed and shall not guarantee the obligations of the Purchaser, nor shall it hold itself out or permit itself to be held out as having agreed to pay or as being liable for the debts of the Purchaser; and the Seller has not received nor shall the Seller accept any credit or financing from any Person who is relying upon the availability of the assets of the Purchaser in extending such credit or financing. The Seller has not purchased and shall not purchase any of the Bonds or any interest therein. (o) All transactions between or among the Seller, on the one hand, and the Purchaser on the other hand (including, without limitation, transactions governed by contracts for services and facilities, such as payroll, purchasing, accounting, legal and personnel services and office space), whether existing on the date hereof or entered into after the date hereof, shall be on terms and conditions (including, without limitation, terms relating to amounts to be paid thereunder) which are believed by each such party thereto to be both fair and reasonable and comparable to those available on an arms -length basis from Persons who are not affiliates. (p) The Seller has not, under the provisions of Section 100.06(b) of the California Revenue and Taxation Code, received a reduction for hardship or otherwise, nor has it requested, made arrangements for, or completed a reallocation or exchange with any other local agency, of the total amount of the ad valorem property tax revenue reduction allocated to the Seller pursuant to Section 100.06(a) of the California Revenue and Taxation Code. 6. Covenants of the Seller. (a) The Seller shall not take any action or omit to take any action which adversely affects the interests of the Purchaser in the Proposition lA Receivable and in the proceeds thereof. The Seller shall not take any action or omit to take any action that shall adversely affect 7 the ability of the Purchaser, and any assignee of the Purchaser, to receive payments of the Proposition lA Receivable. (b) The Seller shall not take any action or omit to take any action that would impair the validity or effectiveness of the Act, nor, without the prior written consent of the Purchaser or its assignees, agree to any amendment, modification, termination, waiver or surrender of, the terms of the Act, or waive timely performance or observance under the Act. Nothing in this agreement shall impose a duty on the Seller to seek to enforce the Act or to seek enforcement thereof by others, or to prevent others from modifying, terminating, discharging or impairing the validity or effectiveness of the Act. (c) Upon request of the Purchaser or its assignee, (i) the Seller shall execute and deliver such further instruments and do such further acts (including being named as a plaintiff in an appropriate proceeding) as may be reasonably necessary or proper to carry out more effectively the purposes and intent of this Agreement and the Act, and (ii) the Seller shall take all actions necessary to preserve, maintain and protect the title of the Purchaser to the Proposition lA Receivable. (d) On or before the Closing Date, the Seller shall send (or cause to be sent) an irrevocable instruction to the Controller pursuant to Section 6588.6(c) of California Government Code to cause the Controller to disburse all payments of the Proposition IA Receivable to the Trustee, together with notice of the sale of the Proposition IA Receivable to the Purchaser and the assignment of all or a portion of such assets by the Purchaser to the Trustee. Such notice and instructions shall be in the form of Exhibit D hereto. The Seller shall not take any action to revoke or which would have the effect of revoking, in whole or in part, such instructions to the Controller. Upon sending such irrevocable instruction, the Seller shall have relinquished and waived any control over the Proposition lA Receivable, any authority to collect the Proposition IA Receivable, and any power to revoke or amend the instructions to the Controller contemplated by this paragraph. Except as provided in Section 2(c) of this Agreement, the Seller shall not rescind, amend or modify the instruction described in the first sentence of this paragraph. The Seller shall cooperate with the Purchaser or its assignee in giving instructions to the Controller if the Purchaser or its assignee transfers the Proposition lA Receivable. In the event that the Seller receives any proceeds of the Proposition IA Receivable, the Seller shall hold the same in trust for the benefit of the Purchaser and the Trustee and each Credit Enhancer, as assignees of the Purchaser, and shall promptly remit the same to the Trustee. (e) The Seller hereby covenants and agrees that it will not at any time institute against the Purchaser, or join in instituting against the Purchaser, any. bankruptcy, reorganization, arrangement, insolvency, liquidation, or similar proceeding under any United States or state bankruptcy or similar law. (f) The financial statements and books and records of the Seller prepared after the Closing Date shall reflect the separate existence of the Purchaser and the sale to the Purchaser of the Proposition lA Receivable. (g) The Seller shall treat the sale of the Proposition lA Receivable as a sale for regulatory and accounting purposes. 8 I (h) From and after the date of this Agreement, the Seller shall not sell, transfer, assign, set over or otherwise convey any right, title or interest of any kind whatsoever in all or any portion of the Proposition IA Receivable, nor shall the Seller create, or to the knowledge of the Seller permit the creation of, any Lien thereon. 7. The Purchaser's Acknowledgment. The Purchaser acknowledges that the Proposition IA Receivable is not a debt or liability of the Seller, and that the Proposition 1A Receivable is payable solely by the State from the funds of the State provided therefor. Consequently, neither the taxing power of the Seller, nor the full faith and credit thereof is pledged to the payment of the Proposition IA Receivable. No representation is made by the Seller concerning the obligation or ability of the State to make any payment of the Proposition IA Receivable pursuant to Section 100.06 of the Revenue and Taxation Code and Section 25.5 of Article XIII of the California Constitution, nor is any representation made with respect to the ability of the State to enact any change in the law applicable to the Transaction Documents (including without limitation Section 100.06 of the Revenue and Taxation Code or Section 6588.6 of the Government Code). The Purchaser acknowledges that the Seller has no obligation with respect to any offering document or disclosure related to the Bonds. 8. Notices of Breach. (a) Upon discovery by the Seller or the Purchaser that the Seller or Purchaser has breached any of -its -covenants or that any of the representations or warranties of the Seller or the Purchaser are materially false or misleading, in a manner that materially and adversely affects the value of the Proposition IA Receivable or the Purchase Price thereof, the discovering party shall give prompt written notice thereof to the other party and to the Trustee, as assignee of the Purchaser, who shall, pursuant to the Indenture, promptly thereafter notify each Credit Enhancer and the Rating Agencies. (b) The Seller shall not be liable to the Purchaser, the Trustee, the holders of the Bonds, or any Credit Enhancer for any loss, cost or expense resulting from the failure of the Trustee, any Credit Enhancer or the Purchaser to promptly notify the Seller upon the discovery by an authorized officer of the Trustee, any Credit Enhancer or the Purchaser of a breach of any covenant or any materially false or misleading representation or warranty contained herein. 9. Liability of Seller: Indemnification. The Seller shall be liable in accordance herewith only to the extent of the obligations specifically undertaken by the Seller under this Agreement. The Seller shall indemnify, defend and hold harmless the Purchaser, the Trustee and each Credit Enhancer, as assignees of the Purchaser, and their respective officers, directors, employees and agents from and against any and all costs, expenses, losses, claims, damages and liabilities to the extent that such cost, expense, loss, claim, damage or liability arose out of, or was imposed upon any such Person by the Seller's breach of any of its covenants contained herein or any materially false or misleading representation or warranty of the Seller contained herein. Notwithstanding anything to the contrary herein, the Seller shall have no liability for the payment of the principal of or interest on the Bonds issued by the Purchaser. 9 10. Limitation on Liability. (a) The Seller and any officer or employee or agent of the Seller may rely in good faith on the advice of counsel or on any document of any kind, prima facie properly executed and submitted by any Person respecting any matters arising hereunder. The Seller shall not be under any obligation to appear in, prosecute or defend any legal action regarding the Act that is unrelated to its specific obligations under this Agreement. (b) No officer or employee of the Seller shall have any liability for the representations, warranties, covenants, agreements or other obligations of the Seller hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Seller. 11. The Seller's Acknowledgment. The Seller hereby agrees and acknowledges that the Purchaser intends to assign and grant a security interest in all or a portion of (a) its rights hereunder and (b) the Proposition 1A Receivable, to the Trustee and each Credit Enhancer pursuant to the indenture. The Seller further agrees and acknowledges that the Trustee, the holders of the Bonds, and each Credit Enhancer have relied and shall continue to rely upon each of the foregoing representations, warranties and covenants, and further agrees that such Persons are entitled so to rely thereon. Each of the above representations, warranties and covenants shall survive any assignment and grant of a security interest in all or a portion of this Agreement or the Proposition lA Receivable to the Trustee and each Credit Enhancer and shall continue in full force and effect, notwithstanding any subsequent termination of this Agreement and the other Transaction Documents. The above representations, warranties and covenants shall inure to the benefit of the Trustee and each Credit Enhancer. 12. Notices. All demands upon or, notices and communications to, the Seller, the Purchaser, the Trustee or the Rating Agencies under this Agreement shall be in writing, personally delivered or mailed by certified mail, return receipt requested, to such party at the appropriate notice address, and shall be deemed to have been duly given upon receipt. 13. Amendments. This Agreement may be amended by the Seller and the Purchaser, with (a) the consent of the Trustee, (b) the consent of each Credit Enhancer, and (c) a Rating Agency Confirmation, but without the consent of any of the holders of the Bonds, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Agreement. Promptly after the execution of any such amendment, the Purchaser shall furnish written notification of the substance of such amendment to the Trustee and to the Rating Agencies. 14. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Seller, the Purchaser and their respective successors and permitted assigns. The Seller may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Purchaser. Except as specified herein, the Purchaser may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Seller. 10 15. Third Party Rights. The Trustee and each Credit Enhancer are express and intended third party beneficiaries under this Agreement. Nothing expressed in or to be implied from this Agreement is intended to give, or shall be construed to give, any Person, other than the parties hereto, the Trustee, and each Credit Enhancer, and their permitted successors and assigns hereunder, any benefit or legal or equitable right, remedy or claim under or by virtue of this Agreement or under or by virtue of any provision herein. 16. Partial Invalidity. If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of this Agreement nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired thereby. 17. Counterparts. This Agreement may be executed in any number of identical counterparts, any set of which signed by all the parties hereto shall be deemed to constitute a complete, executed original for all purposes. 18. Entire Agreement. This Agreement sets forth the entire understanding and agreement of the parties with respect to the subject matter hereof and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter hereof. 19. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, the Seller and the Purchaser have caused this Agreement to be duly executed as of the date first written above. CITY OF NATIONAL CITY, as Seller By: Authorized Officer CALIFORNIA STA 1.EWIDE COMMUNITIES DEVELOPMENT AUTHORITY, as Purchaser By: Authorized Signatory 12 EXHIBIT A DEFINITIONS For all purposes of this Agreement, except as otherwise expressly provided herein or unless the context otherwise requires, capitalized terms not otherwise defined herein shall have the meanings set forth below. "Act" means Chapter 14XXXX of the California Statutes of 2009 (Assembly Bill No. 15), as amended. "Bill of Sale" has the meaning given to that term in Section 2(b)(ii) hereof. "Closing Date" means the date on which the Bonds are issued. The Closing Date is expected to be November 19, 2009, but the Purchaser may change the Closing Date by providing e-mail notification to jladrido@nationalcityca.gov not later than one day prior to the Closing Date. "Controller" means the Controller of the State. "County Auditor" means the auditor or auditor -controller of the county within which the Seller is located. "Credit Enhancer" means any municipal bond insurance company, bank or other financial institution or organization which is performing in all material respects its obligations under any Credit Support Instrument for some or all of the Bonds. "Credit Support Instrument" means a policy of insurance, a letter of credit, a stand-by purchase agreement, a revolving credit agreement or other credit arrangement pursuant to which a Credit Enhancer provides credit or liquidity support with respect to the payment of interest, principal or purchase price of the Bonds. "Initial Amount" means, with respect to the Proposition IA Receivable, the amount of property tax revenue reallocated away from the Seller pursuant to the provisions of Section 100.06 of the Revenue and Taxation Code, as certified by the County Auditor pursuant to the Act. "Installment Payments" have the meaning set forth in Section 2(a). "Payment Dates" have the meaning set forth in Section 2(a). "Pricing Date" means the date on which the Bonds are sold. The Pricing Date is expected to be November 10, 2009, but the Purchaser may change the Pricing Date by providing e-mail notification to jladrido@nationalcityca.gov not later than one day prior to the Pricing Date. "Principal Place of Business" means, with respect to the Seller, the location of the Seller's principal place of business and chief executive office located at 1243 National City Blvd, National City, CA 91950. A-1 "Proposition IA Receivable" has the meaning set forth in Section 2(a). "Purchase Price" means an amount equal to the Initial Amount. "Rating Agency" means any nationally recognized rating agency then providing or maintaining a rating on the Bonds at the request of the Purchaser. "Rating Agency Confirmation" means written confirmation from each Rating Agency that any proposed action will not, in and of itself, cause the Rating Agency to lower, suspend or withdraw the rating then assigned by such Rating Agency to any Bonds. "Resolution" means the resolution adopted by the City Council approving the sale of the Proposition 1 A Receivable. "State" means the State of California. "Transaction Counsel" means Orrick, Herrington & Sutcliffe LLP. "Transaction Documents" mean this Agreement, the Bill of Sale, the Indenture, the Bonds and the Irrevocable Instructions For Disbursement of Proposition 1A Receivable of City of National City, dated as of the Closing Date. A-2 EXHIBIT B1 OPINION OF COUNSEL to CITY OF NATIONAL CITY Dated: Pricing Date California Statewide Communities Development Authority Sacramento, California Wells Fargo Bank, National Association Los Angeles, California Re: Sale of Proposition IA Receivable Ladies & Gentlemen: [I have/This Office has] acted as counsel for the City of National City (the "Seller") in connection with the adoption of that certain resolution (the "Resolution") of the City Council of the Seller (the "Governing Body") pursuant to which the Seller authorized the sale to the California Statewide Communities Development Authority (the "Purchaser") of the Seller's "Proposition 1A Receivable", as defined in and pursuant to the Purchase and Sale Agreement dated as of November 1, 2009 (the "Sale Agreement") between the Seller and the Purchaser. In connection with these transactions, the Seller has issued certain Irrevocable Instructions For Disbursement of the Seller's Proposition 1A Receivable to the Controller of the State of California (the "Disbursement Instructions") and a Bill of Sale and Bringdown Certificate of the Seller (the "Bill of Sale" and, collectively with the Sale Agreement and the Disbursement Instructions, the "Seller Documents"). Unless the context otherwise requires, capitalized terms used but not otherwise defined herein shall have the meanings given to such terms in the Sale Agreement. [I/We] have examined and are familiar with the Seller Documents and with those documents relating to the existence, organization, and operation of the Seller, the adoption of the Resolution, and the execution of the Seller Documents, and have satisfied ourselves as to such other matters as [Uwe] deem necessary in order to render the following opinions. As to paragraphs numbered 3 and 4 below, [I/we] have relied as to factual matters on the representations and warranties of the Seller contained in the Sale Agreement. Based upon the foregoing, and subject to the limitations and qualifications set forth herein, [I/we] are of the opinion that: B1-1 I . The Seller is a local agency, within the meaning of Section 6585(f) of the California Government Code. The Governing Body is thegoverning body of the Seller. 2. The Resolution was duly adopted at a meeting of the Governing Body, which was called and held pursuant to law and with all public notice required by law, and at which a quorum was present and acting throughout, and the Resolution is in full force and effect and has not been modified, amended or rescinded since the date of its adoption. 3. To the best of [my/our] knowledge, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, is pending or threatened in any way against the Seller (i) affecting the existence of the Seller or the titles of its Governing Body members or officers to their respective offices; (ii) seeking to restrain or to enjoin the sale of the Proposition 1A Receivable or to direct the application of the proceeds of the sale thereof, or materially adversely affecting the sale of the Proposition 1 A Receivable; (iii) in any way contesting or affecting the validity or enforceability of the Resolution, Seller Documents or any other applicable agreements or any action of the Seller contemplated by any of said documents; or (iv) in any way contesting the powers of the Seller or its authority with respect to the Resolution or the Seller Documents or any other applicable agreement, or any action on the part of the Seller contemplated by any of said documents. 4. To the best of [my/our] knowledge, prior to the sale of the Proposition IA Receivable to the Purchaser, the Seller had not sold, transferred, assigned, set over or otherwise conveyed any right, title or interest of any kind whatsoever in all or any portion of the Seller's Proposition IA Receivable, nor had the Seller created, or permitted the creation of, any Lien thereon. 5. The Seller has duly authorized and executed the Seller Documents and, assuming the due authorization execution and delivery of the Sale Agreement by the Purchaser, each Seller Document will be legal, valid and binding against the Seller and enforceable against the Seller in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, fraudulent conveyance, moratorium or laws relating to or affecting creditors' rights, and the application of equitable principles and the exercise of judicial discretion in appropriate areas. No opinion is expressed concerning the obligation or ability of the State of California to make any payment of the Proposition lA Receivable pursuant to Section 100.06 of the Revenue and Taxation Code and Section 25.5 of Article XIII of the California Constitution, nor is any opinion expressed with respect to the ability of the State to enact any change in the law applicable to the Seller Documents (including, without limitation, Section 100.06 of the Revenue and Taxation Code or Section 6588.6 of the Government Code). Furthermore, [I/we] express no opinion as to the value of the Proposition IA Receivable or as to any legal or equitable remedies that may be available to any person should the Proposition 1A Receivable have little or no value. No opinion is expressed with respect to the sale of Bonds by the Purchaser. B1-2 The legal opinion set forth herein is intended for the information solely of the addressees hereof and for the purposes contemplated by the Sale Agreement. The addressees may not rely on it in connection with any transactions other than those described herein, and it is not to be relied upon by any other person or entity, or for any other purpose, or quoted as a whole or in part, or otherwise referred to, in any document, or to be filed with any governmental or administrative agency other than the Purchaser or with any other person or entity for any purpose without [my/our] prior written consent. In addition to the addressees hereof, each Credit Enhancer and the underwriters of the Bonds may rely upon this legal opinion as if it were addressed to them. [I/We] do not undertake to advise you of matters that may come to [my/our] attention subsequent to the date hereof that may affect the opinions expressed herein. Very truly yours, By: Seller's Counsel B1-3 EXHIBIT B2 OPINION OF COUNSEL to CITY OF NATIONAL CITY Dated: Closing Date California Statewide Communities Development Authority Sacramento, California Wells Fargo Bank, National Association Los Angeles, California Re: Sale of Proposition IA Receivable (Bringdown Opinion) Ladies & Gentlemen: Pursuant to that certain Purchase and Sale Agreement dated as of November 1, 2009 (the "Sale Agreement") between the City of National City (the "Seller") and the California Statewide Communities Development Authority (the "Purchaser"), this Office delivered an opinion (the "Opinion") dated the Pricing Date as counsel for the Seller in connection with the sale of the Seller's Proposition lA Receivable (as defined in the Sale Agreement), the execution of documents related thereto and certain other related matters. Capitalized terms used but not defined herein shall have the meanings given to such terms in the Sale Agreement. I confirm that you may continue to rely upon the Opinion as if it were dated as of the date hereof. Each Credit Enhancer and the underwriters of the Bonds may rely upon this legal opinion as if it were addressed to them. This letter is delivered to you pursuant to Section 2(b)(ii)(1) of the Sale Agreement. Very truly yours, By: Seller's Counsel B2-1 EXHIBIT Cl CLERK'S CERTIFICATE CERTIFICATE OF THE CITY CLERK OF CITY OF NATIONAL CITY, CALIFORNIA Dated: Pricing Date The undersigned City Clerk of the City of National City (the "Seller"), a local agency of the State of California within the meaning of Section 6585(f) of the California Government Code, does hereby certify that the foregoing is a full, true and correct copy of Resolution No. duly adopted at a regular meeting of the City Council of said Seller duly and legally held at the regular meeting place thereof on the day of 2009, of which meeting all of the members of said City Council had due notice and at which a quorum was present and acting throughout, and that at said meeting said resolution was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: I do hereby further certify that I have carefully compared the same with the original minutes of said meeting on file and of record in my office and that said resolution is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes and that said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect. I do hereby further certify that an agenda of said meeting was posted at least 72 hours before said meeting at a location in the City of National City, California freely accessible to members of the public, and a brief general description of said resolution appeared on said agenda. Capitalized terms used but not defined herein shall have the meanings given to such terms in the Purchase and Sale Agreement, dated as of November 1, 2009, between the Seller and the California Statewide Communities Development Authority. WITNESS by my hand as of the Pricing Date. By: City Clerk of the City of National City, California C1-1 EXHIBIT C2 SELLER CERTIFICATE SELLER CERTIFICATE Dated: Pricing Date We, the undersigned officers of the City of National City (the "Seller"), a local agency of the State of California within the meaning of Section 6585(f) of the California Government Code, holding the respective offices herein below set opposite our signatures, do hereby certify that on the date hereof the following documents (the "Seller Transaction Documents") were officially executed and delivered by the Authorized Officer or Officers whose names appear on the executed copies thereof, to wit: Document 1. Purchase and Sale Agreement, dated as of November 1, 2009 (the "Sale Agreement"), between the Seller and the California Statewide Communities Development Authority (the "Purchaser"). 2. Irrevocable Instructions For Disbursement of Seller's Proposition lA Receivable to the Controller of the State of California, dated the Closing Date. 3. Bill of Sale, dated the Closing Date. Capitalized terms used herein and not defined herein shall have the meaning given such terms in the Sale Agreement. We further certify as follows: 1. At the time of signing the Seller Transaction Documents and the other documents and opinions related thereto, we held said offices, respectively, and we now hold the same. 2. The representations and warranties of the Seller contained in the Seller Transaction Documents are true and correct as of the date hereof in all material respects. 3. The City Council duly adopted its resolution (the "Resolution") approving the sale of the Seller's Proposition lA Receivable at a meeting of the City Council which was duly called and held pursuant to law with all public notice required by law and at which a quorum was present and acting when the Resolution was adopted, and such Resolution is in full force and effect and has not been amended, modified, supplemented or rescinded. C2-1 Name, Official Title Signature Ron Morrison, Mayor Chris Zapata, City Manager Jeanette Ladrido, Director of Finance genuine. I HEREBY CERTIFY that the signatures of the officers named above are Dated: Pricing Date By: C2-2 City Clerk of the City of National City, California EXHIBIT C3 BILL OF SALE AND BRINGDOWN CERTIFICATE BILL OF SALE AND BRINGDOWN CERTIFICATE Pursuant to terms and conditions of the Purchase and Sale Agreement (the "Sale Agreement"), dated as of November 1, 2009, between the undersigned (the "Seller") and the California Statewide Communities Development Authority (the "Purchaser"), and in consideration of the obligation of the Purchaser to pay and deliver to the Seller the Purchase Price (as defined in the Sale Agreement), in two equal installment payments to be made on January 15, 2010, and May 3, 2010 (collectively, the "Payment Dates"), the Seller does hereby (a) transfer, grant, bargain, sell, assign, convey, set over and deliver to the Purchaser, absolutely and not as collateral security, without recourse except as expressly provided in the Sale Agreement, the Proposition 1A Receivable as defined in the Sale Agreement (the "Proposition IA Receivable"), and (b) assign to the Purchaser, to the extent permitted by law (as to which no representation is made), all present or future rights, if any, of the Seller to enforce or cause the enforcement of payment of the Proposition lA Receivable pursuant to the Act and other applicable law. Such transfer, grant, bargain, sale, assignment, conveyance, set over and delivery is hereby expressly stated to be a sale and, pursuant to Section 6588.6(b) of the California Government Code, shall be treated as an absolute sale and transfer of the Proposition 1A Receivable, and not as a grant of a security interest by the Seller to secure a borrowing. Seller specifically disclaims any right to rescind the Agreement, or to assert that title to the Proposition 1A Receivable has not passed to the Purchaser, should Purchaser fail to make the installment payments in the requisite amounts on the Payment Dates. The Seller hereby certifies that the representations and warranties of the Seller set forth in the Certificate of the City Clerk dated the Pricing Date, the Seller Certificate dated the Pricing Date and in the Transaction Documents to which the Seller is a party are true and correct in all material respects as of the date hereof (except for such representations and warranties made as of a specified date, which are true and correct as of such date). Capitalized terms used but not defined herein shall have the meanings given to such terms in the Sale Agreement. Dated: Closing Date CITY OF NATIONAL CITY By: Authorized Officer C3-1 EXHIBIT D IRREVOCABLE INSTRUCTIONS TO CONTROLLER IRREVOCABLE INSTRUCTIONS FOR DISBURSEMENT OF PROPOSITION lA RECEIVABLE OF CITY OF NATIONAL CITY Dated: Closing Date Office of the Controller State of California P.O. Box 942850 Sacramento, California 94250-5872 Re: Notice of Sale of Proposition IA Receivable by the City of National City and Wiring Instructions Information Form Dear Sir or Madam: Pursuant to Section 6588.6(c) of the California Government Code, City of National City (the "Seller") hereby notifies you of the sale by Seller, effective as of the date of these instructions written above, of all right, title and interest of the Seller in and to the "Proposition IA Receivable" as defined in Section 6585(g) of the California Government Code (the "Proposition IA Receivable"), namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code. By resolution, the Seller's City Council authorized the sale of the Proposition IA Receivable to the California Statewide Communities Development Authority (the "Purchaser") pursuant to a Purchase and Sale Agreement, dated as of November 1, 2009 (the "Purchase and Sale Agreement") and a Bill of Sale, dated the Closing Date (as defined in the Purchase and Sale Agreement). The Proposition IA Receivable has been pledged and assigned by the Purchaser pursuant to an Indenture, dated as of November 1, 2009 (the "Indenture") between the Purchaser and Wells Fargo Bank, National Association, as Trustee (the "Trustee"). The Seller hereby irrevocably requests and directs that, commencing as of the date of these instructions written above, all payments of the Proposition 1 A Receivable (and documentation related thereto) be made directly to Wells Fargo Bank, National Association, as Trustee, in accordance with the wire instructions and bank routing information set forth below. Please note that the sale of the Proposition IA Receivable by the Seller is irrevocable and that: (i) the Seller has no power to revoke or amend these instructions at any time; (ii) the Purchaser shall have the power to revoke or amend these instructions only if there are no notes of the Purchaser outstanding under the Indenture and the Indenture has been discharged; and (iii) so long as the Indenture has not been discharged, these instructions cannot be revoked or amended by the Purchaser without the consent of the Trustee. Should D-1 the Purchaser, however, deliver a written notice to the Office of the Controller stating that: (a) the Seller failed to meet the requirements set forth in the Purchase and Sale Agreement; (b) the Purchaser has not waived such requirements; and (c) the Purchaser has not purchased the Proposition IA Receivable as a result of the circumstances described in (a) and (b) above, then these instructions shall be automatically rescinded and the Seller shall again be entitled to receive all payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code. Bank Name: Bank ABA Routing #: Bank Account #: Bank Account Name: Further Credit To: Bank Address: Bank Telephone #: Bank Contact Person: Wells Fargo Bank, N.A. 121000248 0001038377 Corporate Trust Clearing CSCDA Proposition IA Bonds 707 Wilshire Blvd., 17th Floor MAC E2818-176 Los Angeles, CA 90017 (213) 614-3353 Robert Schneider Please do not hesitate to call the undersigned if you have any questions regarding this transaction. Thank you for your assistance in this matter. Very truly yours, CITY OF NATIONAL CITY By: Authorized Officer D-2 EXHIBIT E ESCROW INSTRUCTION LETTER ESCROW INSTRUCTION LETTER , 2009 California Statewide Communities Development Authority 1100 K Street Sacramento, CA 95814 Re: Proposition 1A Receivable Financing Dear Sir or Madam: The City of National City (the "Seller") hereby notifies you of its agreement to participate in the California Statewide Communities Development Authority Proposition IA Receivable Financing. By adoption of a resolution (the "Resolution") authorizing the sale of its Proposition IA Receivable, the Seller's City Council has agreed to sell to the California Statewide Communities Development Authority (the "Purchaser"), for a purchase price that meets the conditions set forth in the Resolution, all of its right, title and interest in the Proposition IA Receivable. Enclosed herewith are the following documents which have been duly approved and executed by the Seller and which are to be held in escrow by Orrick, Herrington & Sutcliffe LLP, as transaction counsel ("Transaction Counsel"), as instructed below: 1. certified copy of the Resolution, together with a certificate of the City Clerk, dated the Pricing Date; 2. the Seller Certificate, dated the Pricing Date; 3. the Opinion of Seller's Counsel, dated the Pricing Date; 4. the Opinion of Seller's Counsel (bringdown opinion), dated the Closing Date; 5. the Purchase and Sale Agreement, dated as of November 1, 2009; 6. the Bill of Sale and Bringdown Certificate, dated the Closing Date; and 7. the Irrevocable Instructions to Controller, dated the Closing Date. The foregoing documents are to be held in escrow by Transaction Counsel and shall be delivered on the Closing Date (as defined in the Purchase and Sale Agreement), provided that such Closing Date occurs on or before December 31, 2009. E-1 Should (i) the Closing Date not occur on or berfore December 31, 2009, or (ii) Transaction Counsel receive prior to the Closing Date written notification from Seller or Seller's Counsel stating, respectively and in good faith, that the representations made in the Seller's Certificate are not true and accurate, or the opinions set forth in the Opinion of Seller's Counsel are not valid, in each case as of the Closing Date and provided that the Purchaser may, in its sole discretion, choose to waive receipt of such representations or opinions, then this agreement shall terminate and Transaction Counsel shall destroy all of the enclosed documents. Enclosures cc: Orrick, Herrington & Sutcliffe LLP Very truly yours, CITY OF NATIONAL CITY By: Authorized Officer E-2 RESOLUTION NO. 2009 — CITY COUNCIL OF THE CITY OF NATIONAL CITY A RESOLUTION-APPROVINI THF. FDRlvI_OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, pursuant to Section 25.5 of Article XIII of the California Constitution and Chapter 14XXXX of the California Statutes of 2009 (Assembly Bill No. 15), as amended (the "Act"), certain local agencies within the State of California (the "State") are entitled to receive certain payments to be made by the State on of before June 30, 2013, as reimbursement for reductions in the percentage of the total amount of ad valorem property tax revenues allocated to such local agencies during the State's 2009-10 fiscal year (the "Reimbursement Payments"), which reductions have been authorized pursuant to Sections 100.05 and 100.06 of the California Revenue and Taxation Code; WHEREAS, the City of National City, a local agency within the meaning of Section 6585(f) of the California Government Code (the "Seller"), is entitled to and has determined to sell all right, title and interest of the Seller in and to its "Proposition IA receivable", as defined in Section 6585(g) of the California Government Code (the "Proposition IA Receivable"), namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code, in order to obtain money to fund public capital improvements or working capital; WHEREAS, the Seller is authorized to sell or otherwise dispose of its property as the interests of its residents require; WHEREAS, the California Statewide Communities Development Authority, a joint exercise of powers authority organized and existing under the laws of the State (the "Purchaser"), has been authorized pursuant to Section 6588(x) of the California Government Code to purchase the Proposition 1A Receivable; WHEREAS, the Purchaser desires to purchase the Proposition 1A Receivable and the Seller desires to sell the Proposition 1A Receivable pursuant to a purchase and sale agreement by and between the Seller and the Purchaser in the form presented to this City Council (the "Sale Agreement") for the purposes set forth herein; WHEREAS, in order to finance the purchase price of the Proposition IA Receivable from the Seller and the purchase price of other Proposition 1A Receivables from other local agencies, the Purchaser will issue its bonds (the "Bonds") pursuant to Section 6590 of the California Government Code and an Indenture (the "Indenture"), by and between the Purchaser and Wells Fargo Bank, National Association, as trustee (the "Trustee"), which Bonds will be payable solely from the proceeds of the Seller's Proposition 1A Receivable and other Proposition 1A Receivables sold to the Purchaser by local agencies in connection with the issuance of the Bonds; WHEREAS, the Seller acknowledges that (i) any transfer of its Proposition IA Receivable to the Purchaser pursuant to the Sale Agreement shall be treated as an absolute sale and transfer of the property so transferred and not as a pledge or grant of a security interest by C1t3 f National-Ci to secure-borrowin (ii) any such fits hwosi 1A3 -savable to - the Purchaser shall automatically be perfected without the need for physical delivery, recordation, filing or further act, (iii) the provisions of Division 9 (commencing with Section 9101) of the California Commercial Code and Sections 954.5 to 955.1 of the California Civil Code, inclusive, shall not apply to the sale of its Proposition 1A Receivable, and (iv) after such transfer, the Seller shall have no right, title, or interest in or to the Proposition lA Receivable sold to the Purchaser and the Proposition IA Receivable will thereafter be owned, received, held and disbursed only by the Purchaser or a trustee or agent appointed by the Purchaser; WHEREAS, the Seller acknowledges that the Purchaser will grant a security interest in the Proposition 1A Receivable to the Trustee and any credit enhancer to secure payment of the -Bends; WHEREAS, a portion of the proceeds of the Bonds will be used by the Purchaser to, among other things, pay the purchase price of the Proposition lA Receivable; WHEREAS, the Seller will use the proceeds received from the sale of the Proposition lA Receivable for any lawful purpose as permitted under the applicable laws of the State; NOW THEREFORE, the City Council of the City of National City hereby resolves as follows: Section 1. All of the recitals set forth above are true and correct, and this City Council hereby so finds and determines. Section 2. The Seller hereby authorizes the sale of the Proposition lA Receivable to the Purchaser for a price equal to the amount certified as the Initial Amount (as defined in the Sale Agreement) by the County auditor pursuant to the Act. The form of Sale Agreement presented to the City Council is hereby approved. An Authorized Officer (as set forth in Appendix A of this Resolution, attached hereto and by this reference incorporated herein) is hereby authorized and directed to execute and deliver the Sale Agreement on behalf of the Seller, which shall be in the form presented at this meeting. Section 3. Any Authorized Officer is hereby authorized and directed to send, or to cause to be sent, an irrevocable written instruction to the State Controller (the "Irrevocable Written Instruction") notifying the State of the sale of the Proposition lA Receivable and instructing the disbursement pursuant to Section 6588.6(c) of California Government Code of the Proposition IA Receivable to the Trustee, on behalf of the Purchaser, which Irrevocable Written Instruction shall be in the form presented at this meeting. Section 4. The Authorized Officers and such other Seller officers, as appropriate, are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents, including but not limited to, if required, appropriate escrow instructions relating to the delivery into escrow of executed documents prior to the closing of the Bonds, and such other documents mentioned in the Sale Agreement or the Indenture, which any of them may deem necessary or desirable in order to implement the Sale Agreement and _otherwise _to_carry _out, _give _effect-to_and comply_with_the_terms_and_intent of this Resolution;_ and_ all such actions heretofore taken by such officers are -hereby ratified, confirmed and approved. Section 5. All consents, approvals, notices, orders, requests and other actions permitted or required by any of the documents authorized by this Resolution, whether before or after the sale of the Proposition lA Receivable or the issuance of the Bonds, including without limitation any of the foregoing that may be necessary or desirable in connection with any default under or amendment of such documents, may be given or taken by an Authorized Officer without further authorization by this City Council, and each Authorized Officer is hereby authorized and directed to give any such consent, approval, notice, order or request, to execute any necessary or appropriate documents or amendments, and to take any such action that such Authorized Officer may deem necessary or desirable to further the purposes of this Resolution. Section 6. The City Council acknowledges that, upon execution and delivery of the Sale Agreement, the Seller is contractually obligated to sell the Proposition 1A Receivable to the Purchaser pursuant to the Sale Agreement and the Seller shall not have any option to revoke its approval of the Sale Agreement or to determine not to perform its obligations thereunder. 3 Section 7. This Resolution shall take effect from and after its adoption and approval. PASSED AND ADOPTED by the City Council of the City of National City, State of California, this 20th day of October , 2009, by the following vote: AYES: NOES: AB SENT: Attest: City Clerk Approved as to form : SELLER'S COUNSEL By Dated: 4 Mayor APPENDIX A CITY OF NATIONAL CITY Authorized Officers: Ron Morrison, Mayor Chris Zapata, City Manager Jeanette Ladrido, Director of Finance any designee of any of them, as appointed in a written certificate of such Authorized Officer delivered to the Trustee. City of National City, California COUNCIL AGENDA STATEMENT EETING DATE October 20, 2009 AGENDA ITEM NO. 32 ITEM TITLE A Resolution of the City Council of the City of National City 1) approving Change Order Number Five to the contract with Koch -Armstrong General Engineering, Inc. for the National City Street Resurfacing Project, FY 09- 10 to resurface additional streets and increase related concrete work in the amount of $500,149.05, 2) authorizing the Mayor to execute the change order, 3) authorizing the Engineering Division to expend up to $50,000 for contract changes. (Funded through Proposition "1B" and Proposition "A" Funds. PREPARED BY Kenneth Fernandez DEPARTMENT EXT. 4388 EXPLANATION Please see attached page with explanation. Development Services/ Engineering Environmental Review X NIA MIS Approval Financial Statement Funds are available in 346-409-500-598-6035 (Proposition 1 B) in the amount of $509,697, 307-409-500-598-6035 (Proposition. "A") in the amount of $40,452.05 Approved By: Finance Director STAFF RECOMMENDAT Ado; . - Resolutio ARD / COM I O R MMENDA opt N/A • l ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Contract Change Order # 5 3. Vicinity Map A-200 (Rev. 7/03) SPEC 09-09 K-A CCO#5 'EXPLANATION On August 4, 2009, by Resolution No. 2009-191, the City Council awarded a contract to Koch -Armstrong General Engineering, Inc. in the amount of $1,272,720.00 for the construction of the National City Street Resurfacing Project, FY 09-10, Specification Number 09-09. The project consists of the repair of bituminous pavements in various locations within the City of National City by removing and replacing damaged asphalt, possible replacement of unsuitable sub -grade, if found, placement of Type 1 and Type II asphalt slurry, asphalt overlay with asphalt rubber hot mix, replacement of curbs, gutters, sidewalk, crosswalks, pedestrian ramps, alley apron, striping, legends, signs, and traffic loops. Change Order No. 1 provided for the trimming of trees in the public right of way within commercial streets that would interfere with the overlay or slurry seal process for an amount of $4,433.74. This work could not be provided by City crew due to a shortage of staff. Change Order No. 2 provided for the additional trimming of trees in the public right of way within residential streets that would interfere with the overlay or slurry seal process for an amount of $1,108.39. Similarly, this work could not be provided by City crew due to a shortage of staff. Change Order No. 3 is for the removal of two trees and stump grinding in the vicinity of 2119 and 2222 Melrose Ave for an amount of $1,400.00. Similarly, this work could not be provided by City crew due to a shortage of staff. :hange Order No. 4 is for the expedited erosion control of the area above a newly -installed sidewalk and retaining wall section on the north side of Sweetwater Road east of Prospect Ave within the County of San Diego for an amount of $5,900.00 per an active grant with the County. The proposed Change Order No. 5, in the amount of $500,149.05, adds additional streets for resurfacing and related additional improvements to the contract. The contractor will be paid for actual work completed and accepted by the City Engineer at the line item costs originally bid. The additional cost for the lump sum item for striping accounts for the removal and restoration of all striping, markings, and markers. Furthermore, the streets listed on Attachment "B" include necessary tree trimming, manpower, equipment, labor, fees, taxes, insurance, bonding, overhead, profit, etc. without any additional costs to the City. This year's lowest bid of $1,272,720.00 came in at about 40% less than the engineer's estimate due to economic uncertainties. Other municipalities, such as the City of Chula Vista, experienced a similar drop in prices for their resurfacing projects at the same time as National City and are adding streets to meet their budget. Since labor cost are the same for this and other similar prevailing wages projects, the accounting for the lower costs are due to contractors accepting lower profits and lower material costs. i Change Order Number Five will increase the total cost of the project to approximately $2,250,000, including authorizing the Engineering Division to expend up to $50,000 for project contingency. Staff has reviewed Change Order No. 5 and recommends adding this additional work to meet the budgeted amount to take advantage of the exceptional prices available at this time for this type of work. 2 RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE CHANGE ORDER NO. 5 WITH KOCH-ARMSTRONG GENERAL ENGINEERING, INC., IN THE AMOUNT OF $500,149.05 TO RESURFACE ADDITIONAL STREETS AND INCREASE RELATED CONCRETE WORK FOR THE NATIONAL CITY STREET RESURFACING PROJECT, AND AUTHORIZING THE ENGINEERING DIVISION TO EXPEND AN AMOUNT NOT -TO -EXCEED $50,000 FOR CONTRACT CONTINGENCIES WHEREAS, on August 4, 2009, the City Council adopted Resolution No. 2009- 191 awarding a contract to Koch -Armstrong General Engineering, Inc., in the amount of $1,272,720 for the construction of the National City Street Resurfacing Project, FY 09-10; and WHEREAS, Change Order Nos. 1 and 2 provided for the additional trimming of trees in the public right-of-way on commercial street that would interfere with the overlay or slurry seal process for an amount of $4,433.74 and $1,108.39, respectively; and WHEREAS, Change Order No. 3 provided for the removal of two trees and stump grinding on Melrose Avenue in the amount of $1,400; and WHEREAS, Change Order No. 4, in the amount of $5,900 per an active grant with San Diego County, was for the expedited erosion control of the area above a newly - installed sidewalk and retaining wall section of the north side of Sweetwater Road, east of Prospect Avenue within the County; and WHEREAS, proposed Change Order No. 5, in the amount of $500,149.05, adds additional streets for resurfacing and related additional improvements to the contract; and WHEREAS, the Engineering Division requests authorization to expend an additional $50,000, if necessary, for contract contingencies. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Change Order No. 5 to the agreement with Koch -Armstrong General Engineering, Inc., in the amount of $500,149.05 to add additional streets for resurfacing and related additional improvements to the contract. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Engineering Division to expend an amount not -to -exceed $50,000 for contract contingencies. PASSED and ADOPTED this 20th day of October, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, 111, City Attorney CITY OF NATIONAL CITY Resurfacing 09-10 Specification No. 09-09 CHANGE ORDER #5 October 1, 2009 Contractor: Koch -Armstrong A Change Order is hereby recommended for the following work in the amount identified below: Description of Change in the Contract See Attachments "A and B". Cost Reconciliation This change in the contract was reviewed and negotiated by and between the City Representatives and the Contractor and represents the entire agreement for the work described herein and includes all costs associated with the work including but not limited to manpower, equipment, labor, fees, taxes, insurance, bonding, overhead, profit, etc. and there will be no other compensation. This Change Order hereby incorporates the original contract and all its referenced documents' terms, conditions, and plans for the work as provided by the City. Justification for Change in Contract See Attachment "C". Construction Contract Accounting Summary Original Contract Amount: 1,272,720.00 Net change by previously authorized Change Orders: 12,842.13 Contract amount prior to this Change Order: 1,285,562.13 Amount of this change order: 500,149.05 New contract amod?'it $ 1,785,711.18 Original contract time (calendar days): 80 Previously approved additional working days: 0 Additional working days for this change order: 35 Total contract time (working days): 115 (see Weekly Statement of Contract Time for completion date) Reviewed by: Principal Civil Eng eer tD6 e • Agreed to and Accepted by: cc: Contractor, Construction File, Project Manager, City Clerk Recommended for approval by: er ded for approval by: Imo' City r`n.,r �— Date er Date Approved by: Mayor of National City Date CITY OF NATIONAL CITY Resurfacing 09-10 Specification No, 09-09 ATTACHMENT "A" CO #5 DESCRIPTION: This change in contract is to add additional streets for resurfacing and required additional improvements to the contract. The breakdown below adds estimated quantities to line items of work. Contractor will be paid for actual work completed and accepted by the City Engineer at the line item costs originally bid and there are no additional costs to the City. The additional cost for the lump sum item for striping includes removal and restoration of all striping, markings and markers and for tree trimming includes all of the streets listed on Attachment "B" and includes all manpower, equipment, labor, fees, taxes, insurance, bonding, overhead, profit, etc. and there will be no additional costs to the City. Original Contract Change Order #3 No. Item Unit Quantity Unit Price Amount Add Q's Add Totals TOTAL 1 Mobilization LS 1 7,612.48 7,612.48 7,612.48 2 Cold Milling SF 24,440 0.34 8,309.60 23,360 7,942.40 16,252.00 3 Asphalt Rummber Hot Mix Gap Granded and Adjust Utility Cans TON 1,838 112.00 205,856.00 1,459 163,408.00 369,264.00 4 Type II Slurry SY 109,237 1.32 144,192.84 10,848 14,319.36 158,512.20 5 R&RAC 2'-6' Depth (Dig -outs) TON 6,018 95.00 571,710.00 1,825 173,375.00 745,085.00 •6 R&R Unsuitable Sub -Grade with CAB and Fabric TON 750 40.00 30,000.00 30,000.00 38,427.20 83,813.40 49,896.00 7 Crack Filling and Abatement SY 109,237 0.32 34,955.84 10,848 3,471.36 43,979.85 8 R&R G7 Sidewalk SF 5,207 7.65 39,833.55 5,749 9 R&R G2 Curb and Gutter LF 532 44.00 23,408.00 602 26,488.00 10 R&R G14 Driveway, 6" PCC SF 1,759 9.75 17,150.25 694 6,766,50 23,916.75 11 R&R G17 Alley Apron, 6" PCC SF 728 11.00 8,008.00 545 5,995.00 14,003.00 18,655.00 12 R&R G12 Cross Gutter, 6" PCC SF 240 20.50 4,920.00 670 13,735.00 13 Ped Ramps G27-G31 EA 18 2,110.00 37,980.00 8 16,880.00 54,860.00 14 Adjust Sewer Manhole to Grade RSD EA 39 200.00 7,800.00 6 1,200.00 9,000.00 15 Adjust Survey Monument to Grade RSD EA 10 500.00 5,000.00 5,000.00 24,926.00 16 Replace Traffic Loops EA 101 206.00 20,806,00 20 4,120.00 17 Markings, Curb Markings and Street Traffic Markers LS 1 38,660.00 38,660.00 0.44_ 17,030.32 55,690.32 1,440.00 9,900.00 3,410.00 18 Signs (12 of NC 30" x 30") EA 12 120.00 1,440.00 19 Remove X-Walks (PerAttachment "B") EA 18 550.00 9,900.00 20 Remove and Re -Stripe Center Line and Angled Parking (Per Attachment "D") LS 1 3,410.00 3,410.00 21 Type I Slurry Over X-Walk Removal Areas SF - 4,800 2.60 12,480.00 12,480.00 22 Pain Center Stripe on 14th Street (PerAttachment LS 1 330.00 330.00 330.00 23 Add Truncated Domes to Existing Ped Ramps @ Marina Way and Bay Marina Drive EA 2 440,00 880.00 880.00 24 Harbor Drive Bike Lane 1 1/2" Grind SF 30,816 0.34 10,477.44 10,477.44 27,600.00 1,438.26 1,772,869.05 25 Harbor Dirve Bike Lane 1 1/2" Asphalt Overlay TON 300 92.00 27,600.00 C05 Tree trimming LS 1 1,438.26 _ TOTALS: 1,272,720.00 500,149.05 CITY OF NATIONAL CITY Resurfacing 09-10 Specification No. 09-09 ATTACHMENT "B" CO# 5 Street Line Items Unit Unit Price Qty Amount 18th 2 - Cold Milling SF 0.34 10,800.00 3,672.00 From: D Ave 3 - Rubber Hot Mix Gap TON 112.00 537.00 60,144.00 To: Highland Ave 5 - R&R 2" - 6" (Dig -outs) TON 95.00 245.00 23,275.00 8 - R&R G7 Sidewalk SF 7.65 2,479.00 18,964.35 10 - R&R G14 Driveway SF 9.75 30.00 292.50 13 - Ped Rams G27-31 EA 2,110.00 4.00 8,440.00 14 - Adjust Sewer Manholes EA 200.00 3.00 600.00 16 - Replace Traffic Loops EA 206:00 10.00 2,060.00 I 117,447.85 14th 4 - Type II Slurry SY 1.32 1,813.00 From: Cleveland Ave 5 - R&R 2" - 6" (Dig -outs) TON 95.00 187.00 To: McKinley 7 - Crack Fill/Weed Abate SY 0.32 1,813.00 8 - R&R G7 Sidewalk SF 7.65 390.00 9 - G2 Curb and Gutter LF 44.00 42.00 12 - R&R G12 X-Gutter SF 20.50 670.00 2,393.16 17, 765.00 580.16 2,983.50 1,848.00 13, 735.00 39,304.82 I 8th 2 - Cold Milling SF 0.34 12,560.00 4,270.40 From: K Ave 3 - Rubber Hot Mix Gap TON 112.00 922.00 103,264.00 To: Palm Ave 5 - R&R 2" - 6" (Dig -outs) TON 95.00 733.00 69,635.00 13 - Ped Rams G27-31 EA 2,110.00 4.00 8,440.00 14 - Adjust Sewer Manholes EA 200.00 3.00 600.00 16 - Replace Traffic Loops EA 206.00 10.00 2,060.00 Melrose 4 - Type II Slurry SY 1.32 2,800.00 From: U Ave 5 - R&R 2" - 6" (Dig -outs) TON 95.00 76.00 To: East End 7 - Crack Fill/Weed Abate SY 0.32 2,800.00 8 - R&R G7 Sidewalk SF 7.65 1,125.00 9 - G2 Curb and Gutter LF 44.00 80.00 10 - R&R G14 Driveway SF 9.75 50.00 3rd 4 - Type II Slurry SY 1.32 - 1,791.00 From: Roosevel Ave 5 - R&R 2" - 6" (Dig -outs) TON 95.00 146.00 To: National City Blvd. 7 - Crack Fill/Weed Abate SY 0.32 1,791.00 8 - R&R G7 Sidewalk SF 7.65 575.00 10 - R&R G14 Driveway SF 9.75 564.00 11 - R&R G17 Alley Apron SF 11.00 225.00 188,269.40 3,696.00 7,220.00 896.00 8,606.25 3,520.00 487.50 24,425.75 2,364.12 13,870.00 573.12 4,398.75 5,499.00 2,475.00 29,179.99 K 4 - Type II Slurry SY 1.32 4,444.00 5,866.08 From: E 26th St. 5 - R&R 2" - 6" (Dig -outs) TON 95.00 188.00 17,860.00 To: E 26th St. 7 - Crack Fill/Weed Abate SY 0.32 4,444.00 1,422.08 8 - R&R G7 Sidewalk SF 7.65 615.00 4,704.75 10 - R&R G14 Driveway SF 9.75 50.00 487.50 11 - R&R G17 Alley Apron SF 11.00 320.00 3,520.00 33,860.41 I 5th From: Roosevelt 5 - R&R 2" - 6" (Dig -outs) TON 95.00 250.00 23,750.00 To: National City Blvd. 8 - R&R G7 Sidewalk SF 7.65 565.00 4,322.25 9 - G2 Curb and Gutter LF 44.00 480.00 21,120.00 I Striping for all additional streets Tree trimming for additional streets GRAND TOTAL: 49,192.25 17, 030.32 1,438.26 500,149.05 CITY OF NATIONAL CITY Resurfacing 09-10 Specification No. 09-09 ATTACHMENT "C" Justification for Change Order: CO #5 The original engineer's estimate for the project was $2,122,000 for street improvements. The estimate for this year's contract was derived using a combination of last years winning bid costs for similar individual bid items. This year's winning bid of $1,272,720.00 came in at about 40% less than the engineer's estimate. The winning bidder, Koch -Armstrong, was the contractor for last year's resurfacing project. There were several bidders that were very close to the winning bidder. The next closest bidder was approximately only 2% higher. Other municipalities, such as Chula Vista, experienced a similar drop in prices for their resurfacing project at the same time as National City and are adding streets to meet their budget. Since labor costs are the same for this and other similar prevailing wage projects, the accounting for the lower costs are due to contractors accepting lower profits and lower material costs. We recommend adding this additional work to meet the budgeted amount to take advantage of the exceptional prices available at this time for this type of work. 6 KOCH-ARMSTRONG GENERAL ENGINEERING, INC. P.O. BOX 1190, LAKESIDE, CA 92040-0906 TEL: (619) 561-2005 FAX: (619) 561-0317 LICENSE 194819-A QUOTATION 09-128.2 COP-4 PAGE I (REVISED 9-11-09) TO: NATIONAL CITY STREET RESURFACING FY 09-10. ATTN: BYRON WADE 1243 NATIONAL CITY BLVD.- ---- - --- TEL: (619)336-4380 - NATIONAL CITY , CA. 91950 ---- - CELL: DATE: 9/30/09 - - - FAX: (619) 336 4397 EMAIL: byronwadel@mac. corn ---- We propose to furnish all labor, material, and equipment necessary to perform the following items of work, subject to terms and conditions stated. This quotation expires 30 days from the date above and is good for work completed within one year of date above unless otherwise noted. JOB LOCATION STREETS No. 36-41. IDENTIFIED "N.C. ST. RES. PROJ. FY09-10" COP-4: INCREASE LINE ITEM 17 DOLLAR AMOUNT & INCREASE WORK DAYS BASED ON ADDED STREETS. ITEM DESCRIPTION APPROX. QUANTITY UNIT UNIT PRICE TOTAL 17 RESTRIPING OF STREET INCLUDING THERMOPLASTIC STREET MARKINGS, CURB MARKINGS 1 LS A AND STREET TRAFFIC MARKERS. STATEWIDE QUOTE 1 LS KOCH-ARMSTRONG'S MARK UP 5.00% 15179.27 SUBTOTAL 1 LS 758.96 BOND COST 1 50% 15938.23 239.07 TOTAL INCREASE TO LINE ITEM #17 16177.31 A INCREASE TO EIGHTY (80) CONTRACT WORKING DAYS 35 DAYS REVISED TOTAL NUMBER OF WORK DAYS 98 DAYS T TERMS: 1 INCLUDES: ONE MOVE IN, 2 EXCLUDES: ANY WORK/LABOR/ MATERIALS OR ITEM NOT SPECIFICALLY STATED IN QUOTE. CONDITIONS: 1.Does not include permits, bonds, any form of engineering(staking, testing, inspection, etc.). base under concrete, redwood headers, striping, traffic control, or utility adjustment unless elherv6se specified. 2- Monthly Progress Payments and Full Payment upon completion. Accounts are delinquent after 30 days, and they are subject to the maximum finance charge allowable by law. 3. work to be done in accordance with plans, specifications, and quantities identified above- Koch -Armstrong General Engineering. Inc. shall be notified in writing prior to any proposed changes- 4.Subgrade to be taken from .l..10'to balance and al or below optimum moisture before Koch -Armstrong General Engineering, Inc. begins work unless otherwise specified. 5. Any unusual conditions of subsoil encountered, such as buned slabs, underground piping. trash deposits, etc. shall be deemed cause for additional charges. 6 Required California Preliminary Lien nlornafian (California Civil Code Section 3097/3098) shad be provided to Koch -Armstrong General Engineering, Inc. before work begins_ 7. Subject to Credit Approval and verification of California Preliminary Lien information. 8 Class 2 material lt included Is 314" recycled Class 2 per Celli -ens Standard Specification Section 26 unless udwrMse noted. Acceptance: Please sign and return one copy -this gootarion conshtutes the sole and only agreement Any poor agreements, negotiations, etc, not set forth herein are of no force or effect Fit - - OTIONAL CITY STREET RESURFACING FY 09-10. By By: KOCH-ARMSTRONG GENERAL ENGINEERING, INC. Date FRANK HERRERA Date 7 KOCH-ARMSTRONG GENERAL ENGINEERING, INC. P.O. BOX 1190, LAKESIDE, CA 92040-0906 TEL: (619) 561-2005 FAX: (619) 561-0317 4'{IjN0/ ► LICENSE 194819-A QUOTATION 09-133 COP-7 PAGE 1 TO: NATIONAL CITY STREET RESURFACING FY 09-10. ATTN: BYRON WADE 1243 NATIONAL CITY BLVD. TEL: (619) 336-4380 NATIONAL CITY , CA. 91950 CELL: - FAX: (619)336 4397 DATE 9130l09 --- ---- EMAIL byronwadel@mac.com We propose to furnish all labor, material, and equi meet necessary to perform the following items of work, subject to teens and conditions stated. This quotation expires 30 days from the date above and is good for work completed within one year of date above unless otherwise noted. JOB LOCATION 5th STREET IDENTIFIED "N.C. ST RES. PROJ. FY'09-10": COP-4: INCREASE LINE ITEM 17 DOLLAR AMOUNT & INCREASE WORK DAYS BASED ON (1) ADDED STREET. ITEM DESCRIPTION APPROX. QUANTITY UNIT UNIT PRICE TOTAL 17 RESTRIPING OF STREET INCLUDING THERMOPLASTIC STREET MARKINGS, CURB MARKINGS _ 1 LS AND STREET TRAFFIC MARKERS. STATEWIDE QUOTE 1 LS 800.38 KOCH-ARMSTRONG'S MARK UP 5.00% LS 40.02 SUBTOTAL 1 LS 840.40 BOND COST 1.50 % 12.61 TOTAL INCREASE TO LINE ITEM #17 1 LS 853.00 A TREE TRIMING 1 LS 370.00 B INCREASE TO EIGHTY (80) ORIGINAL CONTRACT WORKING DAYS 6 DAYS ORIGINAL CONTRACT WORK DAYS 80 DAYS PREVIOUS DAYS ADDED 35 DAYS REVISED TOTAL NUMBER OF WORK DAYS 121 DAYS TOTAL -CHANGE ORDER PROPOSAL #7 1223.00 TERMS: 1 INCLUDES: ONE MOVE IN TO BE DONE WITH BASE CONTRACT WORK, PREVAILING WAGES 2 EXCLUDES: ANY WORK/LABOR/ MATERIALS OR ITEM NOT SPECIFICALLY STATED IN QUOTE. CONDITIONS: 1.Does not include permits, bonds, any term of ergineenng(stakirg, tesbng, inspecton, etc.), base under eoncrele, redwood headers, striping, traffic control, or utility adjustment unless otherwise seedbed. 2 Monlhty Progress Payments and Full Payment upon completion. Acwwits are delinquent after 30 days, and they are subject to the maximum finance charge allowable by law. 3. Work to be done in accordance with plans, specifications, and quantities identified above. Koch -Armstrong General Engineering, Inc. shall be notified in writing prior to any proposed changes. 4.Subgrade to be taken from ♦4 .10' to balance and at or below optimum moisture before Koch -Armstrong General Engoeenng, Inc. begin work unless otherwise specified. 5 Any unusual conditions of subsoil encountered. such as buried slabs, underground piping, (rash deposits, etc. shall be deemed .use for additional charges. 6 Required Calitorma Preliminary Lien information (Caldomia Civil Code Section 3091/3098) shall be provided to Koch -Armstrong General Engineering, Inc. before work begins. 7 Subject to Credit Approval and veufrcation of California Preliminary Lien information. 8. Class 2 material if induded is 314- recycled Class 2 per Caltrans Standard Specification Section 26 unless othermse noted. Acceptance: Please sign and return one copy this quotation constitutes the sole and only agreement. Any pnor agreements, negolabons, etc., not set forth herein are of no torCe or effect. Firm: NATIONAL CITY STREET RESURFACING FY 09-10. By: By: KOCH-ARMSTRONG GENERAL ENGINEERING, INC. Date FRANK HERRERA Date 8 —��' KOCH-ARMSTRONG GENERAL ENGINEERING, ) CF- INC. ire MED . P.O. BOX 1190. LAKESIOE. CA 921340-0906 jj{ __ TEL: (619) 5 4M FAX: W16) 681.0317 I O t - = LICENSE 194v119-A _- QUOTATION 09-124.1 COP-3 COO PAGE 1(REVISED 644281 ) NATIONAL CITY STREET RESURFACING FY 08-07 ATTN. BYRON WADE 1243 NAT 0M'AL CRY BLVD TEL (619) 3E-436O NATIONAL CITY , CA. 91950 CET t FAX (619) 336 4397 DATE 9I8i2009 EMAIL' byrunwadel®mac. CUM We propose to Iarniah sjJ labor. mstednL and edslament necessary to asrform to poi owirti Reins ptwork. sublect to farms and conditions stated. This ouolatton minim 30 days from (hs datg Alves and Is goad for vfgrk com0teted w tin one veer of date above farness otherwise note4. JOB LOCATION ADDITIONAL STREETS ADDED TO CONTRACT STREETS. IDENTIFIED NATIONAL CITY STREET RESURFACE.* CHANGE ORDER PROPOSAL 03- TR PRUNN€NG. "KNOCK -Ell -DUI OESCOPTIOH APPROXITEM QUANTITY UNIT U9IT P8ICEJ TOTAL 1 t LS COMMERCIAL STRkE I S' PRUNE EXISTING, TREES AND SHRUBS 13' FEET NIGH AND SQUARE WITH FACE OF CURB KNOCK-EM-OUT INC 1 LS 1002.31 KOCHH-ARMSTRONG'S MARK-UP 5% 50.12 SUBTOTAL 1052.48 BONA COST /.50% 15 79 TOTAL CHANGE ORDER PROPOSAL 1 LS 1068.26 TERM: f INCLUDES_ ONE MOVE IN 2 EXCLUDES: NIGHT/ WEEKEND/ HOLIDAY WORK DAYS ANY WORKILAEORf MATERIALS OR ITEM NOT SPECIFICALLY STATED IN OUOTE. CONDITIONS. t.Dore not include pertrate. bands. serf fans al eaderadnalstaldnd. Naas twpeebme, Wk.), bass under b.:aerate. wdweed reader, i Ipk . traffic coma or uaey t4fusbreem wages Mow*. specified 2 Monthly Protium. Payment* ated Fue Payment upon compeerwa_ Accounts w du8nque t aam-Wary1 and Ow re added* the lbeiMRHA enenne crow asoeebte by lee, 3 work to b. doer n saardarree wee PVro. apectleations, neat WantI es IQeatlfled above. itod.kasbcogG.enen/EeVYranna, Inc MY be nabbed In writing Mae to are proposed clutches I.Subgtede to be Wen Wm •I..10 to baNAC* and al sr beim optimum moisture before Koch-Am»atiap Gelled Erpleeer10 . bec bootee was oNeaa e61anNte specified 6. Any uaeudu* lbsee of subso2 anneadMW, sock eebarred gabs. arm(ipty.Web dNOsi4.tec. seed be dsaeW cause tar eda8avl deryei 6 Rewind Caetenlle Pn6adnuy Bmedame8on 'Gado. te Ci.4 C8de 8adlml 28a74086)tiW es pled te Nod -Annaeape Gwent &gteerip. too. batch woe, Wallin.. Subl8Glo Croat of Cei&anda Prate0uiT Beniek....m+eal 6, Pim 2 material emdeded te IW reorder( iaoo 2 per-Csbnrw Sandam Spedl4eelm Semen 28 unless seansaa noted instance: Rem aeon n,*I reran one apy.ane guoteban tadsb0pse the ante and only agreement Ara prior Roasmend. nep0Ceaoee. etc net sot PS& Assam WE a na trace or enact. rot: NATIONAL CITY STREET RE&URFACINC FY OS-0T RIF KOCH-ARMSTRONG GENERAL ENGINEERING. INC. Dale FRANK HERRERA Date 9 NATIONAL CITY STREET RESURFACING PROJECT FY 09-10 SPECIFICATIC)N NO. 09-09 PH- LJ L__j LOCATION MAP SCALE: NONE STREET RESURFACING FY 09-10 STREET RESURFACING FY 09-10 (NEW PROPOSED LOCATIONS) NATIONAL CITY STREET RESURFACING PROJECT FY 09-10 SPECIFICATION NO. 09-09 STREET LOCATION FOR RESURFACING 1. E. PLAZA BOULEVARD, FROM OLIVE AVENUE TO MANCHESTER ST. 2. E. 9TH STREET, FROM D AVENUE TO E AVENUE 4. W. 7TH AVENUE, FROM ROOSEVELT AVENUE TO NATIONAL CITY BLVD. 5. E. 22ND STREET, FROM F AVENUE TO HIGHLAND AVENUE 6. W. 18TH STREET, FROM WEST END TO CLEVELAND AVENUE 7. W. 35TH STREET, FROM W CUL DE SAC TO NATIONAL CITY BLVD. 8. C AVENUE, FROM E. 7TH STREET TO E. 8TH STREET 9. E. 6TH STREET, FROM NATIONAL CITY BLVD, TO D AVENUE 10, I AVENUE, FROM 28TH STREET TO E. 3DTH STREET 11. OLIVE AVENUE, FROM E. PLAZA BLVD. TO CITY LIMIT 12. BONITA MESA, FROM PLAZA BONITA ROAD TO CITY LIMIT 13. E. 5TH STREET, FROM HIGHLAND AVENUE TO L AVENUE 14. PALM AVENUE, FROM E. 8TH STREET TO E. PLAZA BLVD. 15. 0 AVENUE, FROM E. 4TH STREET TO 7TH STREET 16. B AVENUE, FROM 4TH STREET TO E. 8TH STREET 17. PALM AVENUE, FROM E. 18TH STREET TO E. 22ND STREET 18. RACHEL AVENUE, FROM E. 4TH STREET TO E. 8TH STREET 19. COOLIDGE AVENUE, FROM W. 12TH STREET TO CIVIC CENTER DRIVE 20. E. 28TH STREET, FROM F AVENUE TO HIGHLAND AVENUE 21. I AVENUE, FROM E. 16TH STREET TO SOUTH END 22. J AVENUE, FROM E. 18TH STREET TO E. 20TH STREET 23. K AVENUE, FROM E. 6TH STREET TO E. 8TH STREET 24, ARCADIA PLACE, FROM E. 8TH STREET TO E. 10TH STREET 25. E. 6TH STREET, FROM HIGHLAND AVENUE TO L AVENUE 26. 0 AVENUE, FROM N CUL DE SAC TO DELTA STREET 27, E. 16TH STREET, FROM D AVENUE TO HIGHLAND AVENUE 28. K AVENUE, FROM E. 20TH STREET TO E. 21ST STREET 29, R AVENUE, FROM DELTA STREET TO DIVISION STREET 30. CAGLE STREET, FROM WEST INTERSECTION OF STOCKTON TO EAST INTERSECTION OF STOCKTON 31, PARAISO COURT, FROM NORTON AVENUE TO EAST END 32. HARBOR DRIVE, FROM 8TH STREET NORTH TO CITY LIMIT 33. BAY MARINA DRIVE, FROM TROLLEY TRACKS WEST OF CLEVELAND AVENUE TO MARINA WAY 34. 30TH STREET, FROM HOOVER AVENUE TO NATIONAL CITY BLVD. 35. 24TH STREET, FROM D AVENUYE TO HIGHLAND AVENUE STREET LOCATION FOR RESURFACING (NEW PROPOSED LOCATIONS) 36. 18TH STREET, FROM D AVENUE TO HIGHLAND AVENUE 37. 14TH STREET, FROM CLEVELAND STREET TO MCKINLEY 38. 8TH STREET, FROM K AVENUE TO PALM AVENUE 39. MELROSE STREET, FROM U AVENUE TO EAST END 40. 3RD STREET, FROM ROOSEVELT AVENUE TO NATIONAL CITY BOULEVARD 41. K AVENUE, FROM 26TH STREET TO 30TH STREET 42. 5TH STREET, FROM ROOSEVELT STREET TO NATIONAL CITY BLVD. ATTACHMENT 'A' City of National City, California COUNCIL AGENDA STATEMENT •EETING DATE October 20, 2009 AGENDA ITEM NO. 33 ITEM TITLE A Resolution of the City Council of National City 1) awarding the Multiple Facility Repair Project contract to Conan Construction, Inc. in the amount of $313,900 for improvements in accordance with plans and specifications for National City Senior Center and Kimball & Morgan Towers (Schedule A & B) of bid, 2) authorizing the Mayor to execute the contract, and 3) Authorizing Engineering to expend up to $31,390 for contract changes for Schedule A & B (Funded through Tax Increment and General Funds) PREPARED BY Adam Landa EXPLANATION See attached explanation t DEPARTMENT Development Services Engineering Division EXT. 4394 J Financial Statement Approved By: Finance Director Funds are available in 511-445-468-288-0000 (Tax Increment Fund) in the amount of $336,624.20 626-422-223 288 000 (Facilities Maintenance Fund) in the amount of $ 85 80 Account No. STAFF RECOMMEND ON BOARD / COMPIIrSSrO RECOM ' ' ON N/A ATTACHMENTS (Listed Below) 1. Resolution 2. Bid Information 3. Spread Sheet for the three lowest bidders 4. Biography A-200(Rev .7/03) Resolution No. mull Explanation: The Scope of Work for this contract includes the replacement and repair of various City buildings at various locations. The work includes water tanks replacement at Kimball Tower, parking lot repair to the Kimball Tower parking area, stairway repair at the Morgan tower, fence replacement around the Kimball and Morgan Towers (Schedule A), Fire Suppressive System replacement at the National City Senior Center (Schedule B), and the Employees lunch room repair at the Public Works yard, and City Hall (Schedule C). The project was advertised on July 27 and August 3, 2009. On September 2, 2009, five bids were opened. The lowest bidder was Conan Construction, Inc. with a bid amount of $339,699; Schedule A in the amount of $306,022, Schedule B in the amount of $7,878 and Schedule C in the amount of $25,799. Staff has reviewed the lowest bidder's insurance, bid bond, contractor's state license numbers, and Contractor's references and found them to be in compliance. Engineering Staff recommends that the City Council: 1) Award the contract to Conan Construction, Inc. for Schedule A & Schedule B only, in the amount of $313,900. 2) Authorize the Mayor to execute the contract 3) Authorize Engineering to expend up to $31,390 for contract changes for Schedule A & B The City will be reimbursed from Morgan and Kimball Tower Capital Reserve Fund in the amount not - to -exceed $338,824 from Falkenburg, Gilliam and Associates, the Morgan and Kimball Towers Management Company. Public Works Facilities Maintenance fund will cover fire suppressive system replacement at the Senior Center in the amount not to exceed $8665.50. CALIFORNIA N l I N L Cf` fir itaiv INCORPORATED - BID OPENING SPECIFICATION NUMBER: 09-04 PROJECT TITLE: NATIONAL CITY MULTIPLE FACILITY REPAIR PROJECT DATE: SEPTEMBER 2, 2009 TIME: 3:00 P.M. ESTIMATE: $405,000 (BASE BID) PROJECT ENGINEER: ADAM LANDA NO. BIDDER'S NAME (PAGE 13-14) BID AMOUNT (PAGE 15) ADDENDA (PAGE 13) BID SECURITY OND) (PHECK AGE 19AGE 8 B 1. Conan Construction 5150 Waring Road San Diego, CA 92120 $339,699.00 YES YES 2. Watkins Landmark Construction 2195 San Dieguito Dr. #1 Del Mar, CA 92014 $353,189.54 YES YES 3. Fordyce 9932 Prospect Avenue, Ste. 138 Santee, CA 92071 $373,032.00 YES YES 4. Blair Rasmussan Construction 11305 Rancho Bernardo Rd., Ste. Suite 107 San Diego, CA 92127 $420,670.00 YES YES 5. Randall Construction 3656 Ruffin Road, Suite D San Diego, CA 92123 $477,264.00 YES YES ,..., ,.2esults Multiple Facily Repair Project Specification 09-04 ENGINEER'S ESTIMATE Low Bidder #1 CONAN CONSTRUCTION INC. Low Bidder #2 WATKINS LANDMARK CONSTRUCTION Low Bidder #3 FORDYCE CONSTRUCTION, INC. NO. ITEM QTY UNIT UNIT PRICE Amount UNTT PRICE Amount UNIT PRICE Amount l SCHEDULE A; HOT WATER TANK INSTALLATION AT NORTH TOWER 2 LS $ 34,666.00 $ 69,332.00 S 33,837.83 $ 67,675.66 $ 36,905.50 $ 63,220.00 $ 73,811.00 2 ASPHALT PAVING AT THE NORTH TOWER PARKING LOT 1 LS $ 59,757.00 $ 59,757.00 $ 56,978.77 $ 56,978.77 $ 63,220.00 3 MORGAN TOWER STAIR WELL CONCRETE REPAIR PROJECT 1 LS $ 9,348.00 $ 9,348.00 $ 17,096.50 $ 17,096.50 $ 9,486.00 $ 9,486.00 4 MORGAN/K1MBALL TOWERS FENCING PROJECT 1 LS $ 167,585.00 $ 167,585.00 $ 174,941.32 $ 174,941.32 $ 190,802.00 $ 190,802.00 5 SCHEDULE B: KIMBALL SENIOR CENTER KITCHEN HOOD SUPPRESSION AND MISC. REPAIRS 1 LS $ 7,878.00 $ 7,878.00 $ 19,555.21 $ 19,555.21 $ 9,055.00 $ 9,055.00 6 SCHEDULE C: CIVIC CENTER KITCHEN AND LUNCHROOM RENOVATION 1 LS $ 6,765.00 $ 6,765.00 $ 6,395.19 $ 6,395.19 $ 5,630.00 $ 5,630.00 7 PUBLIC WORKS KITCHEN CABINETS TOPS APPLIANCES AND PAIN TINTING l LS $ 19,034.00 $ 19,034.00 $ 10,546.89 $ 10,546.89 $ 21,028.00 $ 21,028.00 8 $ - BASE BID TOTAL $ 405,000.00 $ 339,699.00 $ 353,189.54 $ 373,032.00 Conan Construction Inc (Conan Concrete & Construction) - San Diego, California (CA) j ... Page 1 of 2 Horne I About Us ! myManta I FAQ I View Cart I My Profile Tuesday, Sept. 15, 2009 63,778,867 companies COMPANIES: U.S., U.S. Public, Australia, Canada, U.K., Worldwide RESOURCES: Video, Jobs, Reports, White Papers 1 JOIN US: Twitter, Facebook U.S. business name, category, location... Login: Not a member? Learn more. 0 BUSINESS CENTERS: Small Biz, Sales Expertise, HR, Travel, Career, Tech Company Profiles s Find Companies > San Diego CA > Building & Construction > Concrete Work > Concrete work > Conan Construction Inc Company Profile Go to myManta Add Company To List Set Company Alert Conan Construction Inc (Conan Concrete & Construction) 5150 Waring Rd, San Diego, CA 92120-2706 Contact Phone: (619) 286-2119 URII (wnb addre35)I Business Category: Concrete Contractors in San Diego, CA Industry (SIC): Concrete Work Ads by- Google Foundation Contractors Find Top -Rated Foundation Pros in Your Area. Get 4 Free Bids Today! Quality Concrete Coatings Garages,Driveways,Patios,Pool Deck Licensed Contractor - Free Estimate Dynamic Concrete Coatings Concrete Beautification & Restoration. Free Estimates The ads are not affiliated with Conan Construction Inc Business Information This company profile is for the private company Conan Construction Inc , located in San Diego, CA. 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Click on the reports tab at the top of the page to research company background, detailed company profile, credit and financial reports for Conan Construction Inc. 2009, Dun and Bradstreet, inc AN Rights Reserved Related info: Other companies named Conan Construction Inc More Companies in: This Industry San Diego CA Find Jobs in San Diego, CA View San Diego CA Videos http://www.manta.com/coms2/dnbcompany_ffc8b9 9/15/2009 RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING THE MULTIPLE FACILITY REPAIR CONTRACT TO CONAN CONSTRUCTION, INC., IN THE AMOUNT OF $313,900 FOR IMPROVEMENTS IN ACCORDANCE WITH PLANS AND SPECIFICATIONS FOR THE NATIONAL CITY SENIOR CENTER AND KIMBALL AND MORGAN TOWERS (SCHEDULE A AND B), AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT, AND AUTHORIZING THE EXPENDITURE UP TO $31,390 FOR CONTRACT CHANGES FOR SCHEDULE A AND B WHEREAS, the Engineering Department of the City of National City did, in open session on September 2, 2009, publicly open, examine and declare five sealed bids for the National City Multiple Facility Repair Contract for improvements in accordance with plans and specifications for the National City Senior Center and Kimball and Morgan Towers (Schedule A and B); and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the National City Multiple Facility Repair Contract for improvements in accordance with plans and specifications for the National City Senior Center and Kimball and Morgan Towers (Schedule A and B) to the lowest responsive, responsible bidder, to wit: CONAN CONSTRUCTION, INC. BE IT FURTHER RESOLVED by the City Council that the Mayor is hereby authorized to execute on behalf of the City the National City Multiple Facility Repair Contract between Conan Construction, Inc., and the City of National City in the amount of $313,900 for improvements in accordance with plans and specifications for the National City Senior Center and Kimball and Morgan Towers (Schedule A and B). Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of October, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California CITY COUNCIL AGENDA STATEMENT EETING DATE October 20, 2009 AGENDA ITEM NO. 34 ITEM TITLE RESOLUTION AMENDING THE 2008 NATIONAL CITY USER FEE SCHEDULE TO DELETE THE $21.50 BUSINESS LICENSE ADMINISTRATIVE APPLICATION FEE AND THE $10.50 BUSINESS LICENSE ADMINISTRATIVE RENEWAL FEE FROM THE SCHEDULE OF FEES FOR THE FINANCE DEPARTMENT PREPARED BY George H. Eiser, III !' DEPARTMENT City Attorney (Ext. 4221) EXPLANATION When the 2008 National City Fee Schedule was approved, there was included in the Fee Schedule for the Finance Department a Business License Administrative Application Fee of $21.50, and a Business License Administrative Renewal Fee of $10.50 to reimburse the City for its costs in collecting the business license tax. The purpose of the business license tax is not regulatory, but is to generate revenue. Approximately eight weeks ago, the Fourth District Court of Appeal, in a case entitled Weisblat v. City of San Diego, invalidated a similar fee imposed by the City of San Diego. The Court held that while a city could impose fees to offset the cost of providing services, the services provided must be "regulatory in nature, that is, they must be charged in connection with regulatory activities (such as conducting health or safety inspections). The fees which were invalidated in the Weisblat case were not regulatory, but to offset the costs of collecting and administering San Diego's business license tax. Although National City's Business License Administrative Application and Renewal Fees do not exceed the City's costs in collecting the business license tax, the purpose of the tax is to generate revenue, and the fees are therefore not connected to "regulatory" activities. In the opinion of the City Attorney's office, the fees would therefore appear to be invalid under the Weisblat decision. It is recommended that the proposed resolution be adopted to delete the Business License Administrative Application Fee and Business License Administrative Renewal Fee from the National City User Fee Schedule. Environmental Review I N/A Financial Statement Estimated Toss of revenue is $39,000 annually. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution L A-200 (9/99) RESOLUTION 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE 2008 NATIONAL CITY USER FEE SCHEDULE TO DELETE THE $21.50 BUSINESS LICENSE ADMINISTRATIVE APPLICATION FEE AND THE $10.50 BUSINESS LICENSE ADMINISTRATIVE RENEWAL FEE FROM THE SCHEDULE OF FEES FOR THE FINANCE DEPARTMENT BE IT RESOLVED that the City Council of the City of National City hereby amends the 2008 National City User Fee Schedule to delete the $21.50 Business License Administrative Application Fee and the $10.50 Business License Administrative Renewal Fee from the Schedule of Fees for the Finance Department. PASSED and ADOPTED this 20th day of October, 2009. Ron Morrison, Chairman ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT •ETING DATE October 20, 2009 AGENDA ITEM NO. 35 ITEM TITLE Jurisdictional Urban Runoff Management Program (JURMP) Fiscal Year 08-09 Annual Report Executive Summary PREPARED BY Barby Tipton EXPLANATION DEPARTMENT Development ServicesEXT. 4583 Engineering Division The City prepares and submits to the San Diego Regional Water Quality Control Board, an Annual Report on the implementation of its Jurisdictional Urban Runoff Management Program (JURMP). Attached is the executive summary of this report. 1 Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No STAFF RECOMMENDA Receive the report. BOARD / COMMISSI R OMMEN N/A Maryabaki, City'Eng1 iSer ATTACHMENTS (Listed Below) Resolution No. Jurisdictional Urban Runoff Management Program (JURMP) Fiscal Year 08-09 Annual Report Executive Summary annualjurp A-200 (Rev. 7/03) EXECUTIVE SUMMARY The City of National City (City) has been actively developing and implementing storm water pollution prevention measures since 1990. The City's current Jurisdictional Urban Runoff Management Program (JURMP) was prepared in March 2008 in response to San Diego Regional Water Quality Control Board (RWQCB) Order No. R9-2007-0001 (Municipal Permit). The Municipal Permit was jointly issued to 18 municipalities in San Diego County, including the City, the County of San Diego, the San Diego County Regional Airport Authority, and the San Diego Unified Port District (collectively referred to as "Copermittees"). The City's JURMP includes Best Management Practice (BMP) standards for businesses, construction and development projects, residents, and the City's own activities. The JURMP also includes programs for water quality monitoring and educational outreach. This JURMP Annual Report presents the City's activities to implement its JURMP during the 2008/2009 fiscal year, which began on July 1, 2008 and ended on June 30, 2009. The exception to this is the illicit discharge detection and elimination component of the JURMP, which per Addendum No. 2 to the Municipal Permit now has a reporting period that extends to September 30 each year, three months later than all the other components of the JURMP. The 2008/2009 reporting period is the first complete year under the requirements of the current Municipal Permit. Each section of this JURMP Annual Report discusses how the City's efforts during 2008/2009 met the requirements of the Municipal Permit. Key actions taken for the major components of the City's storm water program are summarized below. Development Planning Component During 2008/2009, the City continued to oversee development activities occurring in the City to mitigate potential threats to water quality due to such activities. The City continued to require all development projects to submit applicability checklists to determine subjectivity to the City's Standard Urban Storm Water Mitigation Plan (SUSMP) requirements. Four Priority Projects were identified and required to submit Storm Water Management Plans (SWMP) to comply with the City's SUSMP requirements. The City implemented its treatment control BMP operation and maintenance verification program, which included the utilization of a Microsoft Access treatment control BMP database to track information and prepare the maintenance verification letters distributed to responsible parties. The City also inspected 10 sites with approved treatment control BMPs. Construction Component During 2008/2009, a total of 111 construction storm water compliance inspections were completed at 66 sites, not including inspections for building permits, which also include a brief check for storm water BMPs. The City checked all construction projects for CITY OF NATIONAL CITY 2008/2009 JURMP ANNUAL REPORT PAGE ES-1 applicability to the maximum disturbed area limitation and guidelines for advanced treatment. The City's plan check process provided construction BMP fact sheets, and the inspection program required projects to comply with the City's minimum BMP requirements. Municipal Component The City inspected all high TTWQ municipal fixed facilities and continued its rigorous street sweeping and MS4 maintenance programs. A total of 1,004 tons of trash and debris were removed from street sweeping activities, and 42.2 tons of debris were removed from standard MS4 maintenance. The City also developed and updated the forms used to record the types of debris removed during MS4 maintenance, the inspections conducted at special events, and the inspections conducted at municipal facilities. The City also continued to maintain and repair or replace sanitary sewer lines, as needed, to decrease the potential for a sanitary sewer overflow (SSO). No SSOs were reported in 2008/2009. The City received and appropriately addressed 27 complaints from the Storm Water Hotline, the City website, and other City departments. Industrial and Commercial Component During 2008/2009 the City met the Municipal Permit requirement to inspect at least 25 percent of the City's industrial and commercial inventory, including 100 percent of its high threat to water quality (TTWQ) sites. During the inspections conducted during 2008/2009, the City notified industrial and commercial businesses of the City's BMP requirements through the City's inspection program. Inspectors also assessed each facility's compliance with the General Industrial Permit (Industrial Permit) and worked with the RWQCB to resolve compliance issues. The City also continued a special additional data collection program focused on pollutant discharge potential assessment. Residential Component The City worked to educate its residents through a variety of means. During 2008/2009 the City completed a special study to assess levels of knowledge and BMI' implementation in high TTWQ residential areas. The study included door-to-door surveys, verbal education, distribution of educational materials, and inspection for high priority residential activities. Information gathered from this program allowed the City to update its list of high TTWQ residential areas. The City continued to collaborate with the cities of Chula Vista and Imperial Beach to encourage residents to dispose of household hazardous waste (HHW) appropriately at a facility available to the public. The City also continued to host large item waste disposal events in fall and spring, as well as respond to calls made to the City storm water hotline regarding residential areas. Illicit Discharge Detection and Elimination Component As required by RWQCB Addendum No. 2 to the Municipal Permit, adopted on September 10, 2008, the reporting period for this component of the JURMP has been extended to September 30, 2009. The City will submit the details of how it implemented the illicit discharge detection and elimination component of its JURMP to the RWQCB no later than December 15, 2009. CITY OF NATIONAL CITY 2008/2009 TURNIP ANNUAL REPORT PAGE ES-2 Education Component As a means to raise storm water awareness in various communities in the City, the City continued to conduct various education and outreach activities throughout 2008/2009. The City's efforts resulted in an estimated 34,519 impressions. The City also initiated a High TTWQ Residential Education Program, which involved door-to-door education and outreach. Through this program, 1,341 households received storm water educational materials. The City developed a bilingual 2009 storm water program calendar, which presented storm water concepts as well as storm water related drawing created by local third grade students. Approximately 5,740 calendars were distributed to municipal staff, industrial and commercial business representatives, school -aged children, and residents. To better serve the City's diverse population, a variety of educational materials were distributed in Spanish as well as English. Public Participation Component During 2008/2009, the City provided a variety of opportunities for individuals in the City to participate in the City's storm water program. Activities included cleanup events, which have a direct effect on water quality, and outreach activities, through which the City works to increase general knowledge and awareness regarding storm water issues. The City sponsored a themed art contest for third grade students at public schools in the City. Similar to last year, students submitted drawings with the "By Keeping our Community Clean, We Can Keep the Ocean Clean" theme. Twelve winners will be chosen, and their drawings will be included on the 2010 storm water program calendar. City residents continued to participate in routine large item and HHW waste disposal events. Additionally, 163 volunteers participated in the Creek to Bay Cleanup at three different sites throughout the City, more than three times as many volunteers as in the previous year. Fiscal Analysis Component The City continued to fund its storm water program as discussed in the City's JURMP. Fiscal data for 2008/2009 and 2009/2010 are presented in this section. Effectiveness Assessment Component The City continued to evaluate the effectiveness of its storm water program based on the approach presented in the City's March 2008 JURMP update. The City has identified significant activities within each program component and metrics to assess each one. Standard tables to report this information have been created and included in Section 11 of this JURMP Annual Report. Special Investigations The City continued its Clean Community Program, which this year included extensive door-to-door surveys and education in residential areas. Residents were provided an in - person opportunity to share ideas about ways to keep the community clean. The City also assessed pollutant discharge potential of industrial and commercial businesses; sediment, trash, and oil and grease had the highest average pollutant discharge potential scores. CITY OF NATIONAL CITY 2008/2009 JURMP ANNUAL REPORT PAGE ES-3 Conclusions and Recommendations The City will continue to implement the new and updated programs in its JURMP during 2009/2010; it is anticipated that some program refinements will be made as implementation progresses. The City will also. continue to collaborate with the other Copermittees to improve the efficiency of its program. CITY OF NATIONAL CITY 2008/2009 JURMP ANNUAL REPORT PAGE ES-4 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE October 20, 2009 AGENDA ITEM NO. 36 ITEM TITLE Time Extension Request — Tentative Subdivision Map for the Division of One 23,917 Square -Foot Lot into Three Lots at 1821 - 1827 C Avenue and a Request to Waive the Application Fee of $1,232.00. (Applicant: Ziba Ghaziaskari) (Case File No. 2009-20 TE) (APN 560-222-27) (\pP PREPARED BY Martin Reeder, 336-4313 DEPARTMENT Development Services/Planning EXPLANATION In October 2008, the City Council approved a Tentative Subdivision Map for the division of the subject property. Although the Map was due to expire on October 3, 2008, Senate Bill SB 1185 automatically extended the map for one additional year. The Tentative Map is due to expire once again; therefore, the property owner is requesting an extension. The applicant is requesting a waiver of the $1,232 Time Extension Request application fee. In the past the Council has not waived development application fees. An email received from the applicant justifying the fee waiver request due to prior subdivision of the parcel into eight parcels. The property contains two residences that cross the antiquated subdivision boundaries. To allow further development and to the extent requested by the applicant, a map conforming to the Subdivision Map Act would be required. The following background report describes the request in detail. Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION Staff recommends thhe expir n for S-2006-14 be extended by three years to October 3, 2012 and recommend, .uncil . ny a quest for waiver of fee of $1,232.00. Approved By: Finance Director Account No. BOARD / C • MIS 10 ' EC(7MMTION N/A ATTACHMENTS ( Listed Below ) Resolution No. 1. Background Report 4. Subdivision Map L2. Resolution No. 2006-206 5. Applicant's letter of extension request 3. Location Map 6. Applicant's request to waive application fee l A-200 (9/99) BACKGROUND REPORT The subject property is located in the Residential Two Family (RT) zone, which allows two single-family homes or one duplex per lot. The Land Use Code also allows for more than two homes per lot, with an approved subdivision, if the RT zone density standards are complied with (17.4 units per acre). The property is currently developed with two single-family homes. In October 2006, the City Council approved a Tentative Subdivision Map for the division of the 23,917 square -foot property into three lots. The applicant is proposing to construct six new single-family homes as follows: _ Lot Size Existing homes Proposed homes Total Lot 1 6,278 1 1 2 Lot 2 6,278 1 1 2 Lot 3 11,362 0 4 4 Each of the new two-story homes will have three bedrooms and two bathrooms, each with a new two -car garage. The four homes on Lot 3 will function as a residential condominium project of 15.3 units per acre, consistent the Code requirement of 17.4 units per acre as mentioned above. The new homes will have a beige stucco exterior, white and brown trim, and an asphalt shingle roof The new houses on Lots 1 and 2, along with two houses in Lot 3 will be accessed from the alley. The remaining residences will have access from C Avenue. The Tentative Subdivision Map was approved for two years and would have expired on October 3, 2008; however, the map was automatically extended by (California) Senate Bill SB1185 until October 3, 2009. The Subdivision Ordinance allows applicants to request up to three time extensions for a total of 36 months. The applicant submitted a request and paid the application fee, prior to the map expiration, for a 36 month extension. In addition to requesting an extension of their Tentative Subdivision Map, the applicant is also requesting a waiver of the map extension fee. The applicant submitted a $1,232 fee in connection with the extension and recently requested a waiver of the fees and ultimately a refund of the fee paid. The attached e-mail from the applicant requests a waiver of the fee since the property was previously subdivided and the subdivision map would be unnecessary. However, the there are two existing residence that cross the old parcel boundaries and the applicant proposes to condominium map for the balance of the parcel. A subdivision map would be required in order to further develop the parcel, which his consistent with the current subdivision map. 1 RESOLUTION NO. 2006 — 206 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP FOR DIVISION OF ONE 23,917 SQUARE FOOT PROPERTY INTO THREE LOTS AT 1821 AND 1827 "C" AVENUE APPLICANT: ZIBA GHAZIASKARI CAE FILE NO S-2006-14 WHEREAS, application was made for approval of a Tentative Subdivision Map for the division of one 23,917 square foot property into three lots at 1821 and 1827 "C" Avenue on property generally described as: Lots 5 to 11, inclusive, in Block 4 of Willoughby's Subdivision of Ten Acre Lots Three and Four, Quarter Section 153, Rancho De La Nacion, according to Map No. 1366 WHEREAS, the Planning Commission considered said application at a public hearing held on August 21, 2006, and by Resolution recommended conditional approval of the application; and WHEREAS, the City considered said application at a public hearing held on September 19, 2006, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. S-2006-14, which is 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 and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Tentative Subdivision Map to divide one 23,917 square foot property into three lots at 1821 and 1827 "C" Avenue, based on the following findings: 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since it will result in the infill of a vacant residential property with six houses suitable for larger families as encouraged by the General Plan. Additionally, home ownership and/or rental property opportunities will be created. Finally, there are no specific plans governing use of the project site. 2. The site is physically suitable for the proposed type of development, since the 23,917 square foot lot can safely and efficiently accommodate eight single-family homes off-street parking and yard areas. 3. The site is physically suitable for the proposed density of development, since the proposed density of 13.9 units/acre on Lots 1 and 2 as well as 15.3 units/acre is less than the maximum density of 17.4 units/acre allowed in the Two Family Zone, and since the property can accommodate eight appropriately sized houses with sufficient off-street parking and yard areas. 2 Resolution No. 2006 — 206 October 3, 2006 Page 2 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since there is no native habitat nor bodies of water on the partially developed 23,917 square foot property, which is located in a fully urbanized area. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Tentative Subdivision Map for division of one 23,917 square foot lot into three lots at 1821 and 1827 "C" Avenue is hereby approved subject to the following conditions: 1. This Tentative Subdivision Map authorizes the division of one 23,917 square foot property into three lots, two with an existing single-family home to remain on each and one single-family home to be developed on each. The third lot is to be developed as a condominium project with four identical single-family homes. Alt plans submitted for permits associated with the project shall conform with Exhibit A case file no. S-2006-14, dated 9/30/2005. 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 reflect the use of drought tolerant planting and water conserving irrigation devices. 3 Resolution No. 2006 — 206 October 3, 2006 Page 3 3. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 4. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the Califomia Electrical Code, and California Title 24 energy and handicapped regulations. 5. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 6. All surface run-off, shall be collected by approved drainage facilities and directed to the street. Adjacent properties shall be protected from surface run-off resulting from this development 7. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, darters, or filters. Best Management Practices for the maintenance of the parking lot, induding sampling, monitoring, and deaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department. 8. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of- way shall be 6 inch in size with a dean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral.' 9. Street improvements shall be in accordance with City standards. All missing street improvements (alley 90' x 13') shall be constructed. Abandoned driveway aprons (driveway 40') shall be replaced with curb, gutter and sidewalks. 4 Resolution No. 2006 — 206 October 3, 2006 Page 4 10. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 11. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 12. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours. and consultant services. 13. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 14. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 15. Separate water and sewer laterals shall be provided to each parcel. 16. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 17. The final map shall be recorded prior to issuance of any building permit. 18. All new property line survey monuments shall be set on private property, unless otherwise approved. 19. The parcel map shall use the Califomia Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on. the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 20. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 21. Project is to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2001 edition and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. 5 Resolution No. 2006 — 206 October 3, 2006 Page 5 22. Before this Tentative Subdivision Map 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 Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision. 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 fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Subdivision Map 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. 23. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code Section 17.04.070. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is govemed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 3rd day of October, 2006. ATTEST: c e Mi l Dalla; City clerk APPROVED AS TO FORM: George H. Eiser, 111 City Attorney Nick nz W'z. ayor 6 Passed and adopted by the Council of the City of National City, California, on October 3, 2006, by the following vote, to -wit: Ayes: Councilmembers: Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-206 of the City of National City, California, passed and adopted by the Council of said City on October 3, 2006. iy Clerk of the City o' f tiona City, California City By: Deputy 7 PROJECT LOCATION ZONE BOUNDARY AN LOCATION MAP Tentative Subdivision Map for the Division of One Approximately 23,917 Square Foot Lot Into Three at 1821 - 1827 C Avenue S-2006-14 NATIONAL CITY PLANNING DRN. DATE: 8/9/06 INITIAL HEARING: 8/21 /06 `:AI""A C.RB ' GUT'f�7 I EYIS Ok; SrR 4 55G_222 • -I T w LETr P� LSDr^ NC) ,srm 54BLcqWA - TX, A1-+'R7MF)Y` 55G EXISTING / tJNC FAVEVi ENT MATC A4VE 4P'., 560.'"4 EXISTING PCC ENT PT 16 2 STORY HOUSEIGCNDO -FF 100.17 PAO 99.50 PCC PAVEMENT �--s ---s "C° AVENUE •r . 0 :,,,,21.1.... IFO. dill&L ELIggg,.l41&*9• PrI.- o GARAGE ,1• FF 99.87 1 PAD 9920 �' 1 11 PA710 1D P,�TIb 10 AC PAR.CE.L 3 r AREA r //362.27 SP 2 STpri . CONDO 25 STORY MO�US CONDO PA0102.33 PAD t�2. �p53 5' G IO' 1 rFARAGE 102.70 Pp1.0102.03 GARAGE FF 102.50 PA0tO1.83' f j0 - 4JR8 R (WTL•X' 6-X(574:vG 6"SEAER WAIN S EXISTING c'ACWATER MA/iV , r =ia+i •.Y'�c��iCuSeela�i%�1•. • oo EXS?i Ali; SCR I *4 I ARV 3604222-26 r; 1• l __ _RETAG. k VALi.. PER(TORSO C-9 ' ANO 2-PARg7E' FERMIT WITH Iff I PEACE oN P. , r r I � .._: I I I T 11., NEAP 0 f PER 7 STANDAR • 1 OF NATIONAL C 5' S' PCC ALLEY PA i 000 PAVEMENT CITY Rr �I E IS P 5t RT;I Rr EXIS?'/ AP\' FF r[� ,'L'a �1 a2_ nos Kt! • yawl Z7 IrVine; Gq 99-615 fiueS ,ro✓ ekley, l`:o (Of 1de ,4/9 (5- 0•06-il-t) 1q)1,27 /' 441*i/1a/ C, y 9 / /9 /.9 /1t/ A - Z(La AQ'Zia KOK: re/11'41" Foy h, bie%?-G/ Cile�.`� Piease left e KNot� ,1( 41 I, 2 3 2. 00 - fie `Pi/ ve}0(,;-. • e,tt nio �� ►Ya�fi,vn Gia � r�y�u�� O(2 510 Next" of f'rerii i) d q to eiyie1(7,10ct 6- L.,41 Ceti49;Yrel b y e, Xe✓ 5))heevel ---77 i,4'd,fAr.(;)K 0l6 RECEIVED SEP 3 0 2009 National City Planning Division National City, CA 91950 10 Page 1 of 1 Martin Reeder From: Ziba [ziba3@cox.net] Sent: Thursday, October 01, 2009 8:11 AM To: Martin Reeder Subject: REQUEST FOR REFUND-1821,27 C-(S-2006-14) Follow Up Flag: Follow up Flag Status: Red Hi Martin, Due to unnecessary HUGE cost & loss that I have been going thru in order to do the subdivisionn ALL BY MISTAKE, while this property was already subdivided 50 years ago, but at this point in order to be able to sell it I would like to keep all my options open including keeping the map extention, however I am requesting the refund of $1232. (the fee that I paid on 9/30/2009). Would you please include this in your agenda, so the members of the council will be able to vote , if they need more explanation I also can attend the meeting, please let me know. Thanks ZIBA ASKAR Tarbell Realtors 4000 Barranca Pkwy #160 Irvine, CA 92604 Bus: (949) 559-8451 Cell: (949) 689-8468 Fax/Home: (949) 502-6544 Ziba3(@cox.net 11 10/6/2009 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 20, 2009 AGENDA ITEM NO. 37 1ITEM TITLE Integrity Charter School Harvest Festival sponsored by Integrity Charter School on Octobe 30, 2009 from 4pm to 8pm on 'A' Avenue, between 7th and 81"Street, with no waiver of fees PREPARED BY Vianey Rolon, 336-4364 DEPARTMENT Neighborhood Services Division EXPLANATION This is a request from the Integrity Charter School to conduct the ICS Harvest Festival event on 'A' Avenue, between 71" and 8th Street from 4pm to 8pm on October 30, 2009. Set-up for this event will begin at 1:30pm and the actual event runs from 4pm to 8pm. This event will include food and game booths (like fishing for gold fish, ring toss, tic tac tos, face painting, etc.) operated by parents and ICS students. Food will be prepared onsite or in the Health Department's approved kitchen at the school. Five trash containers will be provided and 1 dumpster at school site. Illumination will be by generator powered lights. Parents and teachers will serve as crowd control and school First Aid equipment will be provided by school staff. Participants may park at school, where disable parking is also available. 6..()f ko% Environmental Review X N/A Financial Statement Approved By: Finance Director The City has incurred $237.00 for processing the TUP thru the various City departments, $331.30 for Public Works, and $200.00 for Fire Department fees. Total of $768.30 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. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) Sep 23 09 07:05p Integrity 619-3F '526 p.2 • r'g �-.r1 0 • .� rc'i 5, <t..trF4s.w 1- ••4 Y' v�L+i•.o�'�z-'i^I �a"Pxa�iy`NIark/T�lyr' �f.�'.zi>N+w w>i'"M'1o4J7•"_�'�7."GrafR'`•3' t'yemU•syiSJ���a Tw:R •s isar.i i.* fia tiy + m + Vi ra to. tr..7A3Tr'wv4;J.— ii4z' •••4,sd9 YY'.N{+s ♦V} Type of Event: Pubic Concert Parade Motion Picture Event Title Event Location Fair _ Demonstration __Grand Opening 0-44_ f fL4L jA ' 0 Event Date(s): From IL i d to 36 • M . . { /� F 1ifF 4 m {. : 1 Y • 1 N 1 'ar 2 Contact Person "on site" day of the event: _ Community Event _ Block Party Festival Circus Other f �1 Total Anticipated Attendance: onthiDayr'e r ( V ParLcipants) ✓Spectators) Actual Event Hours:- CL' am/6 to -1).% arr Setup/assembly/construction Date: I • I /}) Start time: 10lq)[� Please describe the scope of your setuplass rn y won (specific details) r4 tt,L i t',it1c wed' Latu Dismantle Date' (2/ k y'2i Completion Time: 1L3=L-ri) List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and clay and time of reopening. f ll - TL- ft 1 47. L%ri h'ao l ItR 30 1 P it ✓- I rin 7i J Q j0 • • � + fg 14 . 4 T ` ^ r am .. � � �� ' i.�NN � � k +. 1 • �. ,Jiry � � J : w 7r Za,rt.0: Q � 8 S j yN".MY a r L amz s••ir� l- , a ,� • t N � e .i" A a 'ri iLd X N.fd. tssr d 1 y� l �. q 1 I +0s ) � ♦ � 4S�� 4 : e . n 1 - . . � 1 F I.� . N� . � ,a 1 q 4z � T " - 1 ry i . ;,?-�i"+v `#r.r(4.tr `ii`1. nrT�:.@) �.,,.Rs."'+.�.. � YY ^Tl�n .d4�-N�-Y1 i"j>_�AT"^.f+s' r`^f(J ..'#S♦'y.lt..t f?. .>w..::i-•"""'ri!iS:�".Y3°�.'�!iSi:r.".+.3 `S'.L`!#`ltr,�'..��lr��].`T_rx.i,��.3'�p!4'�z="•':.i...�,ri`.t.Kz"_.w"'�� Sponsoring Organiz all on Cf:ief Officer of Organization (Name) � Applicant (Name): L /7 1&1 Lf / y! c Address it)! Val1b e_dLa 614 Daytime Phone ' . '{&L Evening Phdne: th') Fax 33 / PageriCelt ar. L J'"f - 7 7 -3 _/: For Profit Not-for-Prcfil NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Sep 23 09 07:06p Integrity 619-3361626 p-3 ,s•ir.. . i +: +,• w„„..,...r.,,, a+.•RrY i„ w my 7 ..„_ 'vw t ,•4 ti ..j+..)7 ,1 4 r-.2. -. M I, a r' . ' ,r, :.1 'A-:.,4en' :a� ft( r�? �, trrt+}Mr 4•.?,":q}.x•, ±.1►. 'AI. ii•etaelri is your organization a 'Tax Exempt, nonprofit" organization? ,k YES Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): YES NO $ 3, t:-)� Estimated Gross Receipts inclucirg Ticket, product and sponsorship sales from this event. Estimated Expenses for this event $ GD— What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? r r� .r.; • ^'�1r r, 5 , 71 nfi T�'yr d . Fr-•- `ri f. ^r,�r,' ir-,- 'TfrT`^-,w.. F7 , „ .172 �w.+•{(r, rt'�,71 y«i\{ rw,ttr�r lK 1.1.•^ !i• y,tr iS� IT' {"� f.i.. .. 1'Y•�{'. ri ." i- a t , A 9i�:i• i rM+i +id �.0 j i�"� , i r; 5� W i 4 ,9r^ �'�k. t� d.4w+rr't_� �rirl .�"•iF �.r Y rt �> .• ISM :R.y .s. • rt v-., • tin wit ,. y C }"{{}y{r..M �T ,r +OJ •'+t' hM • i ,, Orr v m.R i 4' 1.•47 ; ''•.w. T t• c b{d {i i.1, r't ] • rs h 5 C'R<iF: ppJ,+chr, w a , 4* h W� •N..c y,•Ni ``rSa. nr 1 n r {. W+ .ii.e••gr�+a 1;' , �'�ar4: a'.:li• h a. �r�. k'4+{hTwaT{4v. � * ►•. * R. �' 4''04, e 4 0 a .V. ,e,.0 jp 0w•for i• pa nw,rrl." • iw1 t• w1 • + ir+,w�atil '' r 7 w / a„ f Y.: s ,J • V- .' u ...z . rrr• a . '' W .a -• «, r+.. a 2,t ° r-41. . •e. -, '` c 4. r }00 i a `fit • 11 . •' `• 2 " s 1:0 _i «r . I hq Ala T rti r'; °�. � `.+' Y � � + r ., -.� � � �' So••: Se �h {�,� - � '. v F �r � �� � a . ,�w'rw xn r ez rR t .s ':"..Z.:,..' r [ I F a M N .,.;.. r...,aw'r ,-iafl.t - -e.4.' •2 9•`. 0. '., bra-_r:..z w...r 1 - -J.,iri'-r Aa 4.• ' ix P .►n rfr'Via., .ni ,r'. �+y...+r� * T J :�,>.• - il�J.r• -r r � jr ha ti}vJ.o- -�-nr ^ft e�a�: 'Ci ......!T.Y..._.��...` _..V.L.'�.:."^.9�.^11_.S::: �...__Y......N:�.....�5.1�1.....2...._['",5"Y �r�ft+}`:,....i". l: 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_ 1/6/ —1.`yLA &zit& 4tricA rrk 9-7:cz,t -ID 1-11.91,t4t tio 64(.._ err i_ 'C1 ttL4tm 610 (X t ri _5 eiY14 It k/-'�. &LAM l Oct, c i Ca3 -- ri 11ig{�lY tf,,e3 Wet NO If the event invo ves the sale of cars, wit, the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale. • • t ( ; ( L: • ( . , aep��uiur:urp Integrity 619-3361526 p.5 Y.�r�77 7.1627:127JxS1 ,=;r ' .Tt N' T i (' r �iy' rk Y9'C�` .1 " 4 1 T, �N y i a r .,w f'''n7 ; T' 4 } �' �1 v s q:I -•s co, ir„ H _`i i )1''� y bsM n y, �7 Y Ha Y r C�T�' t �i fA 7 ',',�{j k Wss���V�^YTl' titrt•R�-.�'IFH'44�{{--F� L •.1FJ]�Yft�w, i 't�•};"; ,Y g��) K .i�l:Ipt1 '€wjl� t `'f V ." ='1 ti.144 Yit��{ q:Y w: v '1.{AFC: ^�i ^Y��'T 1 { �1 , s1�,e?, .1,{4., j+' .f�. .�I I � P� 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. X, YES NO Does the event involve the use of tents or canopies? If YES: N'umbe of tent/canopies '\j Sizes Jtj k t (.7 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 � t Please describe how food will be served at the event: DriTtirt (,t"/ If you intend to cock food in the event area please specify the method: X GAS ELECTRIC x CHARCOAL OTHER (Specify): • Portable and/or Permanent Toilet Facilities Number of portable toilets: I (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) t> Tables and Chairs 'e Fencing, barriers and/or barricades • Generator locations and/or source of electricity Canopies or tent locations {include tent/canopy dimensions) Booths. exhibits, displays crencicsures • Scaffolding, bleachers, platforms, stages, grandstands or related structures • Vehicles and/or trailers ✓ Other related event components riot 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.) f �f Number of trash cans: C, Trash containers with lids: ��r of. �JLYceiL'i _ Describe your plan for clean-up and removal of waste and garbage during and after the event: J Cy Y 619-3361526 p.6 •• "oFr• tv16���PF6c T'!;2:r. n ,4 r1• 1�'L�-ia:r"t�rT�"Y..r�Pr". ^ [�, v-i+ k, ini.s•w4.iTy r'�r'.r S-vpJ•1 f.r 1•, "` � J ' " f� +vj + i• � .i if ?c +bLc.r yl,ry��`i ••v w •..p •4 e vR� t 9^ J: Y toy 11��yyrr���L vY�nyy ti IS� Jam_ a n • n♦ A'rf..." ...!'4r 'et « Mi :�:-' WN f gl •i � '� }a. . . « i it ^�? N+3i ♦ .t y'tic' , 42 +vn I +.... .! Yr T+A'� •ter . . •R T! Ar14 ^'.kt rr 1114.71.w Please describe your procedures for both Crowd Control and Internal Security: YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Orcanization Address: Security Director (Name) Phone: X YES NO Is this a night event? If YES, pease stale how the event and surrounding area will be illumi ated to ensure safety f the participants and spectators: Cx ne_tr ,� f -a �t�- - 114,0 I '',`- Please indicate what arrangement you have made for providing First Aid Staffing and Equipment i/tv, t 4ed;( Please describe your Accessibility Plar for access at your event by individuals with disabilities: Please provide a detailed descriptor of your PARKING plan e �' ►� ►c�� describe DISABLED jf — L: 11 +YJ Y llt, PIa e jour plan `sE� K yO &t2 Y -{ y��� �t�tz � J}kdi-%� taiktheb, (II- Sep 23 09 07:07p Integrity 619-33F1526 p.7 -"t�'e137-1 '7•1 F +.:7 r�'i"r' K' 1.�.+ a'l' ri�,lr 'Y. `y+ice �• w.e {,aa011 tl •• -••• 4 �rr �i3'rT�!+;+c•• T' a.l"" iY'+" L'. ° { �. \+ 7. f r+ +�tv' T i 5+.1," ` i r 'v.:.i ;s. ti CM t--e It. -E i a. S YY 1y! 4 a i �- 1+k"' .1 }v 1 Zi .� n {' 1 4 w- ,5 rrYT ♦�a1 '���>. {td T++ +lr lfs; Syl f tir.° .��+�fy�c �_�'.t14' ° 1! ,+1a>`V4"r!'+yF%{'l r. u-y aa!'{ M� w c }r TY! 4�! wr.. V S^� 'ey.Ttiif' {o- ut [ iwl • '� �i:R �!:^5tF!!'7Yrw{a♦-4/; ?M'P+•4-ar+r*Y ;o•Y.+.+.i'r TT+�S•4r `< .r. a,`�Y F� •7 4 A v;�wl th4''+t �{aA M •!h h. !••aa{na Please describe your plans to notify all residents. businesses and churches impacted by the event Vi6A -01/le NOTE. Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. H4P{ o•r�"a��-�� r+!YY�r4Yi yr3+�H°ap+'tirr4y�4ty1yVJy. ia. J.eWry ylH!tjwyxa• w.'Ixq.. to ,n°{i •r.wtti±, r•Irw.,,tT71i +`#14i-' lT+i,ce,'ti,... �.olfra�,e�.-'.• ,I�W!+r t,rRwn• a�+i +++"-cij+ . 'y`e+i♦+jt.r .+w�" ar n r-4.1 1.,n+7♦r r. w K.^;r. e4?!if � i t p t� n4tL 14 s }y �, �+� r yae yg47cs•j}a4ernwla.K`{•-:7444:h1,Z1.r�.a:�wa<wa a� v 'ya h C'V',f 1'. T h. •a L tY+e'r F 'i� �f M< to w Lf �r _ •. r+ ♦ ! t� i��• 1'.� e r tiw,.'. i; S,i.1 f r' a• ii♦ '.a • a { 'W <' + T ' M� e' h 4 r t+ + W rr T w4. rl0 11 }'0.+d4 �.( F7a v'N q- .;R♦<+'-e -(• ¢+ ri �,�rq,�e ar �Aael'i` ^Trwn{ _n �,�+,li .ry r 4 7J� - .3_ i'1...__. 1!4.2_i....r7-u_^._�'S .. 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: X YES _ NO Will sound amplification be used? If YES, please indicate: Start time. arr inish Time J am j NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: amfpm Finish Time amfpm Please describe the sound equipment that will be used for your event. E Number of Bands: NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: NO Any signs, banners, decorations, special lighting? If YES, please describe Revised 08/10/05 619-3361526 p_8 Event: Far Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kalhleen Trees, Director Building & Safety Department Sep 23 09 01:O8p Integrity 619-33F1526 p-9 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 - ;TleJ� in j OJe (ll f Person in Charge of Activity j tip Ii(ibi-. '_ Address J 01 1� I� �L`t 131 Telephone b/'j Date(s) of Use 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_ -i Signatur- of Applicant Official Title Date q tz3 6 For Office Use Only Certificate of Insurance Approved Date ititcyty 619-3361526 p.10 REQUEST FOR A WAIVER OF FEES 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. „1_ t Name of the sponsoring organization �it(i j,1�-[�r )-dZZyt,/ Type of Organization TP 6 1/ 64 -tsb (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) Opr.)u-ur.0 p irtegnry 619-3361526 p.11 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. xNo (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. yNo (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: .2L Funds were used to: 1D L A Y_CIC;- Signature No (P lease sign the form and submit it with the TUP Application) to CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Integrity Harvest School EVENT: ICS Harvest Festival DATE OF EVENT: October 30, 2009 TIME OF EVENT: 4:00pm-8:00pm APPROVALS PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: RISK MANAGER I've reviewed the application for the proposed use and note that the repeat event will be held entirely on school and church grounds (Integrity Charter School). There does not appear to be any unusual liability exposure on the part of the City in terms of vendors or facilities. I have no objection to the application. ENGINEERING Call Engineering Dept. at least 72 hours prior to the event for any necessary coordination with the contractors in the event of construction in the vicinity. Call Charles Nissley at (619) 336-4396. POLICE We will put out extra patrol for the event. U FINANCE All food Preparers and servers must have "Food Handlers Card" from the Health Department. CITY ATTORNEY (619) 336-4220 The applicant must execute an indemnity and hold harmless agreement in which it agrees to indemnify and hold harmless the City and its officials, agents, and employees from any liability or loss arising out of the event. Additionally, the applicant must furnish evidence of a commercial general liability insurance policy with coverage limits of at least $1 Million per occurrence and $4 Million aggregate, with the policy naming the City and its officials, agents, and employees as additional insureds. PUBLIC WORKS (619) 336-4580 Public Works recommends approval of the TUP from Integrity Charter School and submits the following: Streets Division: 1. Staff will barricade affected streets and remove them when the event is over. 2. Staff will post "no parking" signs along affected streets before the event. 3. The cost to provide street personnel support for this event is estimated to be: • "No Parking" signs 6 x $0.45 $ 2.70 • Barricades 6 x $0.35 2.10 • Man hours 1 hr x $35.70 35.70 • OT hours 4 hrs x $53.55 214.20 • Equipment (truck) 5 hrs x $15.32 76..60 • TOTAL $331.30 There is no involvement by Parks or Facilities Maintenance Divisions. PLANNING (619) 336-4310 Provide notification of the event to the property owners/tenants on A Avenue. City of National City, California COUNCIL AGENDA STATEMENT EETING DATE October 20, 2009 AGENDA ITEM NO. 38 ITEM TITLE TEMPORARY USE PERMIT — Tower of Terror sponsored by the National City Fire Department on October 31, 2009 from 5pm to 9pm at Fire Station 34 located at 343 East 16th Street with a Request of Waiver of Fees by the applicant. PREPARED BY DEPARTMENT Vianey Rolon 336-4364 Neighborhood Services Division EXPLANATION This is a request from the National City Fire Department to conduct the Tower of Terror event on October 31, 2009 from 5pm to 9pm at Fire Station 34 located at 343 East 16th Street. The event will use the Fire Department's Training Tower as a haunted house. Participants will enter the tower via C Avenue. Upon exiting the tower, the yard will be used for a costume contest, face painting, food, and distribution of candy. Participants will exit via D Avenue. Free hot dogs will be grilled and served by the FFA. Street parking will be available and volunteers will monitor flow of participants. Environmental Review X N/A Financial Statement The City has incurred $237.00.00 for processing the TUP through various City departments, and $617.00 for Public Works. . Total fees are $854.00 Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with a Request of Waiver of Fees by the National City Fire Department. BOARD / COMMISSION RECOMMENDATION AitA- ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) 13 TM r' ,t.' l� 1-1 i of T T 5 w 11 • !i haw„ y 17 Y` rr :i � ,�' flxis ..ti�, jff"." ilf (,l�l.. >• pI -- rr t ^ ', t41✓ i-' y M w5. ,�•1`f �• .fir fw ' l' .ft".T/mow, T v all 4 N1tt i1. >1 : ry• N' }S,•�a,.f?!N t p"�--�irt'r ri',:, .! An!M1J �:}r6lrfi �Mw_:>t dR , i i 1 .,� t w � y J n iA'"T��`.L"I� ._., �q, 'MMi10 ;v� rNA'f.V6.01", lw ,4 ,- .6 rr4t�, j,$ rf v'. > .. �s.,,� ".i A,„ qy �.1� fit vd'w� ' � �#i�.�wh�,. s"'!:!'Mi�i w�iy�iaa+e�'ti. ,, e:,.it�'iaK hYM i�,�r r�'WMY+hF4gr4riyl��� Type of Event: Ptiblic Concert P,:,rade Motion Picture Even' Title: _ Farr Demonstration _ Grand Opening Evens Location: ` 1Qt Offl \ t t ptj Festival _ Circus Other 3ei 5( Community Event Block Party Event Date(s): From Id/3i to �� 31 Total Anticipated Attendance: ktvnlh/Day/Year ( ?L Participants) Actin Event Hours: am&o am/0 _Spectators) Setup/assembly/construction Date: El 3 '� � t start time: % pM Please describe the scope of your setup/assembly work (specific details): Dismantle Date: O 3 Completion Time: i am/CI 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. Sponsriring Organization: N C 1 Chief C fficer of Organization (Name) Applicant (Name): as t (N�N g C Address: `7 1:1 3 e 1 ! t:n' S^�Q s�t,r- Daytimi Phone: (_) �! ✓ i �. OOd For Profit -TNot-for-Profit Evening Phone: (_) Fax: ( ) Contact Person "on site" day of the event: Pager/Cellular: C, t NOTE' THIS PERSON MUST RE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IN MEDIATELY AVAILABLE TO CITY OFFICIALS — 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: Y=S 7—NO Y.-YES _ NO YES Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. 0 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. 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 VI/ES NO and srd-up locations for the following items: v Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areast: Please describe how food will be served at the event: la+ ` . Ao e1 C-t Ql L `f,0 S ER✓igsiyt. i A. 42I LL tt y u intend to cook food in the event area please specify the method: GAS `ELECTRIC CHARCOAL OTHER (Specify): Y 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) v Tables and Chairs "v Fencing, barriers and/or barricades Generator locations and/or source of electricity y 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: Describ a your plan for clean-up and removal of waste and garbage during and after the event e-alai_ ? !LS 7-6 V) O 1' 3 �•j"jK ry. ✓., I7t li—T�-w+y+�7 -,70147� 77 4-. rT I r �k i s J*7111! ;.r 1. (uM1:Y „7Q�I ^1 , w�'1. i .0 y 4 '� �"?'�. ee,� 1, 1� y'Fa'1 H ? 4� F ^ r 1 ' , Yi..fFi'- M t M � �1 � F r`r RY7V • • I •� �^ � ww v A ra • M�{dN'i'Nva 1W11 YMf Rp+�Rk �p M.w h:•r! rrR11�y `�� istt ! i +Y�.Jwr^ui: '} ,rl�i.ax. wla,�Wix Y+v nlsn ;S+�'>i51�'a�i4*a�'ilR.111Ww.. ba IW h1. h.ft�M?nN�. Please describe your plans to notify all residents, businesses and churches impacted by the even, : --- --� I (-- NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. •1� y 1 At 1 it ' + yy�., r*.t'.' i 4i [i! '7 1 4 i�n� T T/""'� r �T�+^ Ioi 1r .a.�i ! .n " l'✓!'?'r^J=*y�\i!y rp` y�„�y IPj 7tr �� K.'a?t >jjsly r^-'-��'_�71A. r..�_�'aw„'i' rt 4 r 34-- r w f-Y L 1 ra .}: ^ u t R• ,x , I i l"S ,� x; . s e [{ +. f,.i" ds �. ,I. ..-9.- " 1 �:M �, 1+xxN �{x +Wti Wd>Y ' rt 1 In Iw , I , t ,I 'x P �[R'1R G.5+f+4yg�Ai 'T, fr AYIt:.: 7ti:,trgj�.n AIr ,R- I fr- i.e ,� a I • .+'r rM rr 4 f ,m. a. rY 4i .u� rti Yy ,11 1 .` .1 ., ^M.rl.,d �h C. 1 M'r �..tl) neh INsi e, .n G w Iq p •r. r I ;: N Ts^ ieo, �.: `r rr r1. I mom...:.. w x .{.a d LM ! �, ,, w,yd W '�'Y,,hMN.,v,,,,p .4 +ixw �,v n r�'+ .y M `• i . ,� 5. f W n. � �,�r n.1 , ^ x�r, 4,yaa �.ri�eY n rG' ryy'yrx. n t y+ a y rn{i iiw AK' i4K K'a 4 x ai .n r.vs Wr I ✓'Xb oY p ,�mo�ww M h,: ! f 0 net' I ,� n �s 1.1 �j, �j 1 r ti+f• a'`�+'J.- �fVW .Vw' w HW . tr. 'X.,.i,+ f J':X'. I ."iJ r . [ uJ r a » r ', w Y1 a.p'ti11.[, 1 ,_ "t M • x`"..,."1.- - .:J.. .r,'I: -, Pi ' .1,1:_:- ,,r4-1112>eiLz-rt-tk7 R1r'1" Ei'TT:._.• PYi' t,:'�,rJnn.? -.. � rx_sh�+. * YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, Number of Stages: ` number of bands and type of music. Number of Bands: Type of Music_ YE.3 NO Wili sound amplification be used? if YES. please indicate: Start time: am inish Time am rr / I, YE,> 4NO WiII sound checks be conducted prior to the event? If YES, please indicate: amlpm Pease describe the sound equipment that will be used for your event: Start time: amPpm Finish Time YES '!&NC Fireworks, rockets, or other pyrotechnics? If YES, please describe: -YEE NO Any signs, banners, decorations, special lighting? If YES, please describe: -JtCte,) o.J Coe0e, kke it) Reviser.: 08/10/05 5 For Office 'Use OnCy EVE nt: Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 r(-1 t 1 U P►ease describe your procedures for both Crowd Control and Internal Security: if) L J /1/1—E&.(L P T t C 41,k) IA J YE 4---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: YYE S = 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. Yt $-r t N cc (mot C-t F{-i (0 C7 Please describe your Accessibility Plan for access at your event by individuals with disabilities: LCf S. t 0 LE_ ' . r Irt .si�.w. '.r,Y' ,mow. t+vim Y(T.ni. .J t � f `L �n �a H li '!^j I"i� f a'.'_'� rvc �4 i• i � it 1 '�' f .+t' �t�hri�;? � T'7^T l „ w�+ 4 a 7 i w' '. 1 ,:r yi" cf I Y ,j .r � At ��y �Syy�y�{``77��� .� : (, q. r� �� r . T x j1 1 ^C Y h w •R Y7'.. 04y y^�1N"q (Ph'Nl.'Ymir ,+r a�i, d Y�..Ir h�d;� i7 F'�i elnnp a,�.4 F ,�. 9•9 u,�i v �,��'' trr. M a 7 r cif t w i"-.N �`iM1�'i:k Mw w...1; 4:.; i4: t' ' ,hide ;t414i r M 414.�4.r.r4;N��1, t .. Please provide a detailed description of your PARKING plan: Please iescribe your plan for DISABLED PARKING,: LtYr tOt1 bt`S (61 itht-T E 6 g ems'+ S IYH 1 lUIYFiL PAGE 08 Is yoirr organization a "Tax Exempt, nonprofit" organization? "Y—YES NO Are a.imission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): YES Y.--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? "-'111 iMI!r 7r •'1r Y'a_T.'... 71,.i',r`rr.7 ": 1 rr .a t 1 ". v d i+^ �+��r••rr �t � r` li.� �� r x>YY'�-flt�'• 11 � 4...r !� r' e Yf ,. I S r tr ., MIY� Y If ,d, r. +yl vf�ty �� RMCr♦ �. r s7 iw F "�1J"ii m� i7llW iYr.4.%•✓.Y} • ,1,f'•� t�"4�` mvY `I;r4 lrJ e �,•+ci �..Yt n .Y 2r •• a�ii" y, i •H+'rA'i vial yr L y Y f Nf�rf�ty' j� 17y lwwr_r ny 'w4 ✓• • .i 1*wY+ Kb✓✓ N �Lrir.S . ri ra +/�dr,4 ,r� Fi•m�^!..~aY� T y� Ir Ib4 Sw fa ly N IlA4 j�Y •4'r 4Y N ✓-� Y 1 Y ^ wa T n r. w n.. Y 1•,„ . 11w�-n.y.rM+�yyy{...�� Il, r T.-� , � # n C rwl # i'.. AL.. t� t 4x • ♦ , rT c ,5. r a 's�v.J;fir rt"1.2): • �!yfr�rrY!.` h.w rfr1 jlv�;+ra eYy �aji.�„>t-•�!s• �11iii. J -!' ::J 1:. 1':':L ..�_. 5✓MJ �•_ -.. 7.�'S3 v!i'.P �..! "h�,�!S:T• z;'"� r`.'t�;�; i W .n.' ,. L lr l Iri Pleas€ 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 informittion about the event_ Td2j1-II0tNej e4)-2 E T 6E tIa-€€O xi--S Mz tjNIfaVS 6 . Merl e (&'TS t,.J'c. c. eivTt e_ C /we/vat . !/,N i 77 HC? kilt C_ c ✓d e.o 4)1( CosTv rt f WTt•s T ) t D l cE P�iA/ i•✓C� Our/ IM yr?oAJ cfrAlP/ Mel t t.? P 3 tj) I Ltr 1,X r r vir9 D A v6. _ YE; O 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 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to prov de a minimum of $1,000,000 combined single limit insurance for bodily injure 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, Iv C Pers3n in Charge of Activity 4 Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT Asa condition of the issuance of a temporary use permit to conduct its activities on pu DIic or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and it:; 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 activit;r taken under the permit by the permittee or its agents, employees or contractors, Signatu_ Applicant - (). Official "rifle For Office Use Only 1 Date Certificate of Insurance Approved Date 7 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: National City Fire Department EVENT: Tower of Terror DATE OF EVENT: October 31, 2009 TIME OF EVENT: 5 p.m. —9 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 [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] NEIGHBORHOOD SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: FINANCE (619) 336-4330 Approved by Finance/Business License. No special conditions. PUBLIC WORKS (619) 336-4580 Public Works Department staff has reviewed the application for subject Temporary Use Permit (TUP) and recommends approval with no involvement by Public Works: Thank you for the opportunity to comment on this TUP. Please let me know if you need any other information. q 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 Fire Station 34. The applicant sponsoring organization is the City's Fire Department so no separate insurance is required. I have no objections to the application. Let me know if you have any questions. ENGINEERING (619) 336-4380 Call Engineering Dept. at least 72 hours prior to the event for any necessary coordination with the contractors in the event of construction in the vicinity. Call Charles Nissley at (619) 336-4396. CITY ATTORNEY (336) 336-4220 Approved by the City Attorney's Office without conditions. IEETING DATE City of National City, California COUNCIL AGENDA STATEMENT October 20, 2009 AGENDA ITEM NO. 39 ITEM TITLE TEMPORARY USE PERMIT — Circus Vargas sponsored by Tabares Entertainment frorr February 18-22, 2010 at the Plaza Bonita Mall with no waiver of fees. PREPARED BY Vianey Rolon , 336-4364 DEPARTMENT Neighborhood Services Division EXPLANATION This is a request from Tabares Entertainment to conduct the Circus Vargas event at Plaza Bonita Mall from February 18-22, 2010. Set up for the event will commence at 8:00 a.m. on February 16-17, 2010. Each performance lasts approximately 1 %2 hours. The showtimes are as follows: Thursday, Feb. 18, 2010 Friday, Feb. 19, 2010 Saturday, Feb 20, 2010 Sunday, Feb. 21, 2010 Monday, Feb. 22, 2010 7:30 p.m. 4:30 p.m., 7:30 p.m. 1:30 p.m., 4:30 p.m., 7:30 p.m. 1:30 p.m., 4:00 p.m., 7:00 p.m. 7:00 p.m. The event will be dismantled on February 23, 2010 at 3 p.m. This is a completely self-contained event in a traditional big top circus with concessions. There are no exotic animals, no rides, no games, no outside vendors and no alcohol. Performing animals include horses, ponies, dogs, cats and snakes. Vehicles are used for transportation of operations. There will be seven internal Security Guards and sufficient parking is available at the Mall. Food will be prepared on -site in a trailer. Clean-up will be performed after each show. Environmental Review X N/A Financial Statement Approved By: The City has incurred $237.00 for processing the TUP, plus $200.00 Finance Director for the Fire Permit(s). Total fees: $437.00. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A L 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 Festival Demonstration jCircus Grand Opening _ Other Fair Event Title: Circus Vargas _ Community Event Block Party Event Location: Westfield Plaza Bonita Event Date(s): From Feb 18 to Feb 22 Total Anticipated Attendance: 300 - 500 per show Month/Day/Year ( 25 Participants) Actual Event Hours: 1:30 am/pm to 9:30 am/pm Varies per day. See( a5tt0ached.0Spectators) Setup/assembly/construction Date: Feb 16-17Start time: 8:00 am Please describe the scope of your setup/assembly work (specific details): Construct tent, bleachers and associated operations Dismantle Date: Feb 23 Completion Time: 3:00 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. No street closures Sponsoring Organization: Tabares Entertainment, Inc. Chief Officer of Organization (Name) Nelson Quiroga Applicant (Name): Mark Landon ✓ For Profit Not -for -Profit Address: 2534 S. Pleasant Ave. Ontario, CA 91761 Daytime Phone: (909 986-7502 Evening Phone: (909 986-7502 Fax: (9Q9 986-0712 Contact Person "on site" day of the event: Nelson Quiroga Pager/Cellular: 702-513-9767 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS iI w1d9 Is your organization a "Tax Exempt, nonprofit" organization? YES ✓ NO Are admission, entry, vendor or participant fees required? _ YES V NO If YES, please explain the purpose and provide amount(s): $ 50,000 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. 40,000 $ Estimated Expenses for this event. $ 10,000 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. Circus Vargas provides a traditional big top circus with concessions. There are no exotic animals, no rides, no games, no outside vendors and no alcohol. Performing animals include horses, ponies, dogs, cats and snakes. Vehicles are used for transportation of operations. _ 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 /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: Novelties and food concessions will be sold YES ✓NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. ✓YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. ✓YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 1 Sizes 150-foot round E. separate Fire Department permit is required for tents or canopies. VYES 1O ' /ill 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 Food to be sold from a trailer Please describe how food will be served at the event: outside the tent and from a booth inside the tent If you intend to cook food in the event area please specify the method: GAS ,/ ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tenUcanopy 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: 5 Trash containers with lids: 5 Describe your plan for clean-up and removal of waste and garbage during and after the event: Clean up after every show and dumpster emtpied as needed. 3 Please describe your procedures for both Crowd Control and Internal Security: Seven Internal Security Guards. YES VNO 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: VYES _ 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: Mall parking lot lights Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. First Aid kit available in ticket booth. 911 is used for more serious needs Please describe your Accessibility Plan for access at your event by individuals with disabilities: Since the event is on the mall parking lot, it is all accessible Please provide a detailed description of your PARKING plan: Mall Parking Please describe your plan for DISABLED PARKING: Disabled parking available in mall. 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: Show is being hosted by the mall so they are informed. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES ✓NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: ✓YES NO Will sound amplification be used? If YES, please indicate: Start time: 1:30 pm am/pm Finish Time 9:30 pm a m/pm VYES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 12:30 pm amrpm Finish Time 12:35 pm am/pm Please describe the sound equipment that will be used for your event: Microphones and Speakers inside tent only YES ✓NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YES VNO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 5 For Office Use OnCy Event: Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 National City Westfield Plaza Bonita February 18 — 22, 2010 Thur February 18 7:30 pm Fri February 19 4:30 7:30 pm Sat February 20 1:30 4:30 7:30 pm Sun February 21 1:30 4:30 7:30 pm Mon February 22 7:00 pm LENGTH OF SHOW: Approximately one and one-half hours EXPECTED ATTENDANCE: 300 -500 per performance SEATING CAPACITY OF TENT: 1,500 NO GAMES OF CHANCE NO MECHANICAL RIDES NO EXOTIC ANIMALS NO ALCOHOL IS SOLD OR SERVED NO OUTSIDE CONTRACTED VENDORS Circus Management provides in-house security guards. Management carries cell phone in case of 911 Emergency Circus Vargas is completely self-contained. The show has a double generator system. If the main generator shuts down, the back up generator automatically turns on. A source of water is usually provided to the circus by the venue on which the circus conducts business. Circus Vargas rents porta-potties from local sanitation companies. Since Circus Vargas is a family show and attracts primarily families, in-house security is normally sufficient to provide appropriate crowd control. The security can use cell phones to contact local law enforcement if the need exists. rfs m:r rile Emergency Exit Emergency Exit Fire Lane Stake Line Emergency Exit Circus Vargas Tent 147-feet Round Emergency Exit Truck t Jei!e4 pOO Truck llabon,,, E f.*Yn{r,m=1 CI �U 6217. .td Public Entrance 33'x56' IT 1T Entry Gate Tickets Entry Gate Emergency Exit Emergency Exit i Emergency e Exif (� Vm i e i k.% 6 Women stalls, 3 sinks 2 Men Stalls, 4 Urinals, 2 sinks Accessible Porta-potty '-I Truck t Truck Circus Vargas Generic Lot Layout Specific layout may be modified for the location where the show is set up. This sheet is provided to show the entire operation and approximate locations of items to be set up. Water is obtained from a local Hydrant and all used water is held in tanks until pumped. 1 - 20' EXIT 7 - 10' EXITS X - Fire Extinguishers (Total of 16, located on ground level near exits) Exit •ae r° 04. Public Entrance 33' x 56' Area Marked Green are bleacher benches Area Marked as chairs are plastic seats on bleachers Boxes around ring have 2 rows of 4 loose chairs each with an aisle between groups of two. Chairs are removed for Handicapped Seating on an as -needed basis 4- -4 10' J SEATING CAPACITY 1500 Illuminated Exit Sign with 2 sources of power above every exit Curtain openings at exits have contrasting colors to the tent and are on a free -sliding metal support. OffkEq STATE FIR MA ' AL CALIFORNIA DEPARTMENT OF FORESTRY and FIRE PROTECTION OFFICE OF THE STATE FIRE MARSHAL REGISTERED FLAME RESISTANT PRODUCT Product: Registration No. PRECONTRAINT 502/532/632/1002 F-44401 Product Marketed By: FERRARI SA B%54,38352 LA TOUR DU PIN LA TOUR DU PIN,FRANCE This product meets the minimum requirements of flame resistance established by the California State Fire Marshal for products identified in Section 13115, California Health and Safety Code. The scope of the approved use of this product is provided in the current edition of the CALIFORNIA APPROVED LIST OF FLAME RETARDANT CHEMICALS AND FABRICS, GENERAL AND LIMITED APPLICATIONS CONCERNS published by the California State Fire Marshal. Expire: 06/30/2009 ra-e AL CALIFORNIA DEPARTMENT OF FORESTRY and FIRE PROTECTION OFFICE OF THE STATE FIRE MARSHAL REGISTERED FLAME RESISTANT PRODUCT Product: Registration No. PRECONTRAINT 702 BLACKOUT F-44408- Product Marketed By: FERRARI SA BX54,39352 LA TOUR DU PIN LA TOUR DU PIN, PRANCE This product meets the minimum requirements of flame resistance established by the Califomia State Fire Marshal for products identified hi Section 13115, California Health and Safety Code. The scope of the approved use of this product is provided in the current edition of the CALIFORNIA APPROVED LIST OF FLAME RETARDANT CHEMICALS AND FABRICS, GENERAL AND LIMITED APPLICATIONS CONCERNS published by the California State Fire Marshal. Deputy State Fire Marshal Expire: 06/30/2009 rR-8 City of National City, California COUNCIL AGENDA STATEMENT 40 'METING DATE October 20, 2009 AGENDA ITEM NO. (ITEM TITLE The City of National City Five -Year Consolidated Plan (FY2011-FY2015) for the U.S. Department of Housing and Urban Development (HUD) PREPARED BY Carlos Aguirre (Ext. 4391) DEPARTMENT Community Development Housing and Grants Division EXPLANATION The City of National City annually receives approximately $1.1 million in Community Development Grant (CDBG) funds and $642,000 in HOME Investment Partnerships Program (HOME) funds. The City must comply with U.S. Department of Housing and Urban Development's (HUD) planning and reporting requirements. In addition, this Consolidated Plan should reflect the City's intended uses of program income generated from CDBG and HOME funded community development projects and affordable housing investments. Required by HUD to be updated every five years, the Consolidated Plan is a comprehensive, integrated approach to both the long range planning and application aspects of HUD's CDBG, HOME, and other federal funding programs. The Consolidated Plan describes the City of National City's housing, community development, and economic development needs and priorities and activities to be undertaken under the HUD funding programs for the next five years. The Consolidated Plan will address all required federal regulations as well as guidelines established by HUD. Environmental Review V N/A Financial Statement Not applicable to this report. Approved B Finance Director Account No. n/a STAFF RECOMMENDATION Not applicable to this report. BOARD / COMMISSION RECOMMENDATION Not applicable to this report. ATTACHMENTS ( Listed Below ) Resolution No. n/a Attachment No. 1: Timeline for the preparation of the Five -Year Consolidated Plan Process Attachment No. 2: Summary of the Current Five -Year Consolidated Plan A-200 (9/99) Attachment No. 1 FY2011 through FY2015 Consolidated Plan and FY2O1O-2011 Action Plan Timeline October 20, 2009 (Tuesday): City Council Presentation on the HUD Consolidated Plan Process 6pm City Hall Council Chambers November/December 2009 Resident Surveys November 3, 2009 (Tuesday): Present New Citizen Participation Plan to City Council 6pm City Hall Council Chambers (Public comment period noticed on Tuesday, Nov 10) November 18, 2009 (Wednesday): FY 2010-11 CDBG/HOME Grant Funding Applications Available for Distribution City Hall Clerks Office or Finance Department Counter December - March 2010 Drafting of FY 2011 through 2015 HUD Consolidated Plan December 2, 2009 (Wednesday): Cons. Plan Community Needs Outreach Public Meeting with General Public and Service Providers 6:30 p.m. to 8 p.m. MLK Center- North Mtg. Room December 8, 2009 (Tuesday): CDBG/HOME Technical Assistance Mini -Workshop for Grant Applicants l0am-12pm MLK Center - South Mtg. Room No.2 December 15, 2009 (Tuesday): City Council Public Hearing No. 1- Citizen Participation Plan Adoption Public Hearing (Complete 30-day Public Comment Period and adoption of a new Citizen Participation Plan) January - March 2010 Draftin • of FY2010-2011 Action Plan January 12, 2010 (Tuesday): CDBG/ HOME Application Submission Deadline Due by 2:O0pm at the City Clerks Office or at the Finance De•artment Counter January 26, 2010 (Tuesday): Distribution of CDBG/HOME Grant Application Booklets to the City Council February 3, 2010 (Wednesday): CDBG/ HOME Funding Eligibility Analysis for City Council Review/Consideration (Provided via Staff Memorandum) February 16, 2010 (Tuesday): City Council Public Hearing No. 2- CDBG/HOME Program Applicant Presentations 6pm City Hall Council Chambers March 2, 2010 (Tuesday): Draft FY 2011-2015 Consolidated Plan to HUD made available to City Council and Executive Staff for Comment and Public Meeting with City Council to review Priority Needs and Strategy 6pm City Hall Council Chambers March 16, 2010 (Tuesday): City Council Public Hearing No. 3 - Applicant Grant Funding Recommendations (Decision Making Meeting) 6pm City Hall Council Chambers March 29, 2010 to April 28, 2010 Mandatory 30-Day Public Review & Comment Period of the Draft FY 2011-2015 Consolidated Plan and FY 2009-10 Annual Action Plan May 4, 2010 (Tuesday): City Council Final Public Hearing No. 4 - Approval of the FY 2011-2015 Consolidated Plan and the FY 2010-11 Annual Action Plan 6pm City Hall Council Chambers May 13, 2010 (Thursday): Submission of the FY 2011-2015 Consolidated Plan and the FY 2010-11 Annual Action Plan to HUD ATTACHMENT No.2: CURRENT 5-YEAR CONSOLIDATED PLAN SUMMARY OVERVIEW OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAMS The City of National City receives Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) program funds, as a direct entitlement from the U. S. Department of Housing and Urban Development (HUD). The CDBG and HOME programs are primarily designed to assist low- to moderate -income households by providing affordable housing, revitalizing neighborhoods, and by creating employment opportunities through economic development. In order for National City to qualify for its CDBG and HOME entitlement funding, it must comply with an array of statutory and regulatory requirements, such as the development of the: Five -Year Consolidated Plan (Con -Plan), Analysis of Impediments (AI) to Fair Housing Choice, Annual Action Plan (AAP), and Consolidated Annual Performance and Evaluation Report (CAPER). Provided below is a summary of the information provided in each report. FIVE-YEAR CONSOLIDATED PLAN (CON -PLAN) The Con -Plan prepared in the spring of 2005 was developed in accordance with Sections 91.100 through 91.230 of HUD's Consolidated Plan regulations; and it was designed consistent with the City's General Plan, particularly the Housing Element. In addition, the Con -Plan was developed with an extensive consultation process that involved community stakeholders, housing and service providers, community leaders, city departments, and National City residents. National City's Con -Plan for fiscal years 2005/06 through FY 2009/10, identifies city -specific housing and community development needs. TABLE A - FIVE-YEAR CONSOLIDATED PLAN SUMMARY, on pages iii to vi, provides a summary of the Con -Plan goals and objectives. In addition, TABLE B - FIVE-YEAR CONSOLIDATED PLAN SUMMARY FOR CDBG & HOME FUNDS provided on image vii, identifies the specific goals and objectives to be pursued with CDBG and HOME program funds. ANALYSIS OF IMPEDIMENTS (AI) TO FAIR HOUSING CHOICE In addition to the development of a Con -Plan, HUD requires that jurisdictions receiving CDBG and HOME program funding take actions to affirmatively further fair housing choices. Jurisdictions must report on such activities by completing an AI every three to five years, in alignment with the Con -Plan schedule. In general, the AI is a review of the impediments to fair housing choice in both the public and private sectors. The City of National City participated in the San Diego Regional Analysis of Impediments to Fair Housing Choice, prepared by Cotton/Bridges/Associates in February of 2005. Attachment No. 2: Current 5-Year Consolidated Plan Summary ANNUAL ACTION PLAN (AAP) The purpose of the AAP is to review and update those assessments presented in the Con -Plan; to inventory resources that will be available during a given program year (fiscal year); and to identify the specific actions that will be taken in that program year to meet the city's housing and community development needs, and to implement the strategies set forth in the Con -Plan. National City's AAP's are submitted to HUD annually, prior to May 15th CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) At the close of each program year (fiscal year), the city is required to submit a CAPER to HUD by September 30th. This report illustrates the actual accomplishments achieved during the program year. The CAPER allows HUD, local officials, and citizens to assess the use of available resources and to assess the efforts made towards achieving the goals and objectives identified in the Con -Plan, AI, and the AAP. PUBLIC PARTICIPATION PROCESS An integral component in the development of the Con -Plan, AI, AAP, and the CAPER reports is public participation. Included in the Con -Plan, is the City's Public Participation Plan, which outlines the measures taken to facilitate public participation. The Public Participation Plan provides residents and community stakeholders with numerous opportunities to participate at various phases in the development of these planning documents. Public hearings and public meetings are conducted with the City's Housing and Community Development Commission (HCDC) and/or before the City Council to gather input from residents, community stakeholders, and city departments. The HCDC is a citizen committee appointed by the City Council to oversee the annual grant application process, and to facilitate valuable public participation in the CDBG and HOME funding process. The HCDC conducts public hearings and meetings, reviews funding requests, and makes funding recommendations to the City Council. The dedicated efforts of the HCDC ensure that community needs are identified, carefully considered, and are properly addressed. Attachment No. 2: Current 5-Year Consolidated Plan Summary TABLE A - FIVE-YEAR CONSOLIDATED PLAN SUMMARY FIVE-YEAR CONSOLIDATED PLAN STRATEGIC HOUSING (H) PLAN PRIORITIES AND OBJECTIVES YEARS 2005/06 THROUGH 2009/10 Priority H-1: Preservation and Maintenance of Existing Housing Objective 1: Code Enforcement Five -Year Objectives: Using General funds the Planning and Building and Safety Departments will enforce all codes at the current rate: a. Planning and Zoning - Inspect 13,000 housing units and abate approximately 5,500 cases over the five-year period. b. Building and Safety/Uninhabitable Building - Abate approximately 100 cases and inspect 500 housing units over the five-year period. c. Housing Inspection - Inspect 2,500 housing units and abate approximately 250 cases over the five-year period. Objective 2: "Christmas in July" Community Volunteer Program Five -Year Objectives: Using HOME funds, the Community Development Commission (CDC) will support the rehabilitation/repair of 75 houses or 15 houses annually. Objective 3: Apartment Management Five -Year Objectives: The City, using General funds will continue to pursue enforcement requiring on -site management in complexes of nine or more units. Priority H-2: Housing Assistance Objective 1: Conservation of Affordable Units at Risk of Converting to Market Rate Five -Year Objectives: Using Section 8 funding, the CDC will conserve the 614 units at -risk of converting to market rate. Annually review the status of Granger Apartments, Inter City Manor and Plaza Manor. Identify nonprofit organizations as potential purchasers/managers of at -risk housing units. Explore funding sources available to preserve the affordability of at -risk projects, or to construct replacement units. Assist tenants to apply for priority status on the Section 8 voucher/certificate programs should a conversion take place. Objective 2: Section 8 Rental Assistance Program Five -Year Objectives: Using Section 8 funds, continue to provide 300 units of Section 8 project - based affordable housing at Morgan -Kimball Towers, 372 units at Plaza Manor, 79 at Inter City Manor, 163 at Granger Apartments and 76 at TELACU. Maintain the level of tenant -based Section 8 assistance and pursue additional allocation of Section 8 vouchers (1,044). Objective 3: First -Time Homebuvers Assistance Program Five -Year Objectives: Provide assistance to 25 households over the next five years, with distribution of funds per the following; approximately 60 percent to low-income households (HOME funds), and 40 percent to moderate -income households (Redevelopment Set Aside funds). Attachment No. 2: Current 5-Year Consolidated Plan Summary FIVE-YEAR CONSOLIDATED PLAN STRATEGIC HOUSING PLAN (continued) PRIORITIES AND OBJECTIVES FISCAL YEARS 2005/06 THROUGH 2009/10 Priority H-3: Housing Production Objective 1: GIS Database Five -Year Objectives: Using General funds, the Planning Department will maintain and keep the GIS database current in order to provide specific development information and market infill housing to interested developers. Objective 2: Community Housing Development Organizations (CHDOs) Five -Year Objectives: On an annual basis through the Consolidated Plan One Year Action Plan Process, the CDC will identify and provide funding to CHDOs in order to pursue additional affordable housing projects. Provide funding to support CHDOs in building administrative capacity. Objective 3: Acquisition, Rehabilitation, and New Construction of Affordable Housing Five -Year Objectives: The CDC will identify and pursue the rehabilitation and/or construction of 50 affordable housing units over the five year period. Allocate HOME funds annually through the Consolidated Planning process. Allocate Redevelopment Set -Aside funds through the five year Redevelopment Implementation Planning process. Ongoing pursuit of affordable housing projects. Objective 4: Density Bonuses Five -Year Objectives: The developer shall agree to and the City shall ensure continued affordability of all lower income units for a minimum 45-year period. In 2002, the City of National City developed an ordinance in compliance with State law to offer density bonuses for the development of lower income and senior housing. Objective 5: Communicate Production Priorities to Prospective Developers Five -Year Objectives: Specific actions to be taken by the Planning Department over the next five years may include: a. Update "National City Facts," a Planning Department -prepared brochure that provides information for the development community on land use and development trends in the City, available services and resources, and social and economic characteristics of the City. b. Prepare reports as needed to respond to changes in development activity or to inquiries from developers and others concerning potential development sites. c. Maintain the City's computerized land use inventory to provide updated information regarding the location of vacant properties, by parcel size, zoning and existing land use. d. Present to business and civic groups concerning land use and development potential in the City. e. Participate in informational meetings with the Building Industry Association, Urban Land Institute, American Planning Association, and the National City Chamber of Commerce, among others. Objective 6: Implementation of Housing Element Annual Report Five -Year Objectives: The Planning Department will submit an annual Housing Element Report to the State HCD to ensure local emphasis in meeting the goals of this Housing Element and propose policy changes to correct non -achievement, if necessary Objective 7: Conversion of Commercially and Industrially -Zoned Land to Residential or Mixed -Use Zoning Five -Year Objectives: The Planning Department will convert certain commercially -and industrially - zoned parcels to residential or mixed -use zoning in response to development proposals. Objective 8: Feasibility Study of Use of Eminent Domain in Redevelopment Project Area Five -Year Objectives: The Community Development Commission will study the feasibility of allowing the use of eminent domain for redevelopment of housing in the Redevelopment Project Area by the end of fiscal year 2005. Attachment No. 2: Current 5-Year Consolidated Plan Summary IV FIVE-YEAR CONSOLIDATED PLAN STRATEGIC COMMUNITY DEVELOPMENT (CD) PLAN PRIORITIES AND OBJECTIVES S 2005/06 THROUGH 2009/10 Priority CD-1: Expand Economic Development and Employment Opportunities Objective 1: Redevelopment Activities Five -Year Objectives: Using Redevelopment Funds, the Community Development Commission (CDC) will continue to implement redevelopment activities to upgrade the business environment in National City. Redevelopment activities are likely to include: street and sidewalk improvements; code enforcement; and commercial/industrial infrastructure development. Objective 2: Technical Assistance Center Five -Year Objectives: Through Redevelopment Tax Increment funds, the Technical Assistance Center will provide service to 100 businesses over the next five years. Objective 3: Business Retention Activities Five -Year Objectives: Through the use of Redevelopment funds, the CDC will provide business retention services to 25 businesses over a period of five years. Objective 4: Micro -Loan Program Five -Year Objectives: Consider the pursuit of packaging 40+ micro -loans to small businesses over the next five years. Objective 5: Facade Program Five -Year Objectives: The Facade Program will complete over 50 storefronts over the next five years. Objective 6: Merchant Organizations (Business Associations) Five -Year Objectives: Create three merchant associations over a five-year period. Priority CD-2: Improve and Provide Public and Community Facilities, and Make Necessary Infrastructure Improvements to Serve Low and Moderate Income Persons Objective 1: Capital Improvement Plan Five -Year Objectives: The CDC, Department of Public Works and the Parks and Recreation Department (now a section within the Community Services Department) will complete and implement a yearly Capital Improvement Plan to address infrastructure, ADA improvements and parks and recreational facility needs and funding. Objective 2: Community Facilities Five -Year Objectives: The CDC, Community Services Department, Building and Safety, and Engineering and Parks and Recreation Department will continue to use the Consolidated Plan Annual Action Plan process to identify and prioritize community facility projects for funding. Attachment No. 2: Current 5-Year Consolidated Plan Summary v FIVE-YEAR CONSOLIDATED PLAN STRATEGIC COMMUNITY DEVELOPMENT PLAN (continued) PRIORITIES AND OBJECTIVES FISCAL YEARS 2005/06 THROUGH 2009/10 Priority CD-3: Provide Needed Public and Community Services for Low and Moderate Income Persons and those with Special Needs Objective 1: Compliance with Fair Housing Requirements of Community Development Block Grant (CDBG) and HOME Programs Five -Year Objectives: The CDC will continue to implement actions to address fair housing issues through the CDBG and HOME -funded activities. Objective 2: Continue Cooperation and Support of Fair Housing Counseling and Enforcement Organizations Five -Year Objectives: Through the use of CDBG and Section 8 funds, the CDC and FHCSD will continue to ensure open, fair housing practices and that sufficient resources are made available to assure informed housing consumers and suppliers. Annually evaluate the services provided by the fair housing counseling and enforcement organizations to ensure adequate and appropriate services are provided, and revise contracts as appropriate. Objective 3: Fair Housing Training Five -Year Objectives: In new projects with 10 units or more, the CDC and FHCSD will encourage the training of staff in fair housing administration. Objective 4: Youth Services Five -Year Objectives: The CDC, school districts and non-profit organizations will use the Consolidated Plan Annual Action Plan process to evaluate the potential use of CDBG funds to provide and improve services and facilities for youth and families in National City. Objective 5: Senior Services Five -Year Objectives: The CDC will use the Consolidated Plan Annual Action Plan process to evaluate the potential use of CDBG funds to provide and improve services and facilities for seniors in National City. Objective 6: Community and Special Needs Services Five -Year Objectives: The Community Development Commission and non-profit organizations will use the Consolidated Plan Annual Action Plan process to evaluate the potential use of CDBG funds to provide and improve community and special needs services. Objective 7: Planning and Administration Five -Year Objectives: The CDC/City will continue to implement the housing and Community Development programs and comply with all planning and reporting requirements of CDBG and HOME regulations. The CDC/City will review the implementation of the Consolidated Plan programs and objectives and update the Action Plan annually. Attachment No. 2: Current 5-Year Consolidated Plan Summary vi TABLE B - FIVE-YEAR CONSOLIDATED PLAN SUMMARY FOR CDBG & HOME FUNDS SUMMARY OF THE FIVE YEAR CONSOLIDATED PLAN* (FISCAL YEARS 2005/06 THROUGH 2009/10) QUANTIFIED OBJECTIVES FOR THE USE OF CDBG & HOME PROGRAM FUNDS SPECIFIC HOMELESS AND SPECIAL NEEDS POPULATIONS OBJECTIVES TO BE FUNDED WITH CDBG FUNDS NEEDS CATEGORY SPECIFIC OBJECTIVES Homeless Elderly / Disabled Provide services to 1,900 people annually through shelter programs, supportive housing grants, and other related services. Assist 1,260 elderly/disabled annually residents through the support of various programs and senior/disabled facilities. SPECIFIC HOUSING OBJECTIVES TO BE FUNDED WITH CDBG AND HOME FUNDS NEEDS CATEGORY SPECIFIC OBJECTIVES Owner Households Assist 10 first-time homebuyers (households) annually. Owner Households Assist 25 owner households with Home Improvement loans annually. Lower -Income Elderly Households Rehabilitate 15 homes (households) annually. Renter Households Rehabilitate 5 rental units annually. SPECIFIC COMMUNITY DEVELOPMENT OBJECTIVES TO BE FUNDED WITH CDBG FUNDS NEEDS CATEGORY SPECIFIC OBJECTIVES Youth Assist in providing after school activities to 8,000 youth annually. Youth Assist in the provision of recreational activities for approximately 750 youth annually. Child Care Services Assist in providing child care assistance to approximately 120 persons annually. Fair Housing Services Assist in providing fair housing services to 95 persons annually. * As illustrated in the city's 5-year Con -Plan for program years 2005/06-2009/10, pages, 84-85. Attachment No. 2: Current 5-Year Consolidated Plan Summary vii COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California MEETING DATE: Oct 20, 2009 AGENDA ITEM NO. 41 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $8,084.00 to the City of National City for the period of 09/09/09 through 09/15/09 PREPARED BY: Jeanette Ladrido, C DEPARTMENT Finance Finance Director An (619) 336-4331 EXPLANATION: 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 $8,084.00 STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A TACHMENTS (Listed Below) Warrants for the period the period of 09/09/09 through 09/15/09 SECTION 8 SECTION 8 HAPS PAYMENTS COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER # 11 9/15/2009 Start Date End Date 9/9/2009 9/15/2009 8,084.00 GRAND TOTAL $ 8,084.00 INconi.o tATED COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 11 9/15/2009 502 SECTION 8 FUND 8,084.00 8,084.00 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California MEETING DATE: Oct 20, 2009 AGENDA ITEM NO. 42 (TEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $416,112.19 to the City of National City for the period of 09/16/09 through 09/22/09 PREPARED BY: Jeanette Ladrido EXPLANATION: DEPARTMENT Finance Finance Director. (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 $416,112.19 STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A TACHMENTS (Listed Below) Warrants for the period the period of 09/16/09 through 09/22/09 'CALIFOR. N � �4 rit INCORPORATED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #12 9/22/2009 PAYEE BEST BEST & KRIEGER LLP CITY OF CHULA VISTA CITY OF NATIONAL CITY DEUTSCHE BANK GOMACO HUSK PARTNERS KONICA MINOLTA DANKA IMAGING LOWER SWEETWATER FIRE METROPOLITAN WATER DISTRICT SAN DIEGO CUPPING SERVICE SAN DIEGO COUNTY RECORDER SD COUNTY WATER AUTHORITY SDG&E STAPLES ADVANTAGE SWEETWATER AUTHORITY ULTIMATE STAFFING SERVICES VERIZON WIRELESS IILLOCK CONTRACTING, INC. 'Y OF NATIONAL CITY SECTION 8 SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 19 8/25/2009 DESCRIPTION LEGAL SERVICES INSPECTOR/PRJCT MGR AB1389 TAX SHARING FY 2008-2009 REDEV PROJECT 2004 T.A.B. SERIE A OLD LIBRARY REMODEL/ART CENTER CONSULTING SVCS FOR SEPT 2009 EQUIPMENT RENTAL AB1389 TAX SHARING FY 2008 - 2009 AB1389 TAX SHARING FY 2008 - 2009 CLIPPING SERVICES - SEPT 2009 COSTS FOR RECONVEYANCE OF LOANS AB1389 TAX SHARING FY 2008 - 2009 ELECTRIC BILL OFFICE SUPPLIES- REDEV WATER - UTILITES TEMP EMP - NEIGHBORHOOD SVCS WIRELESS SERVICE PORTION OF CONTRACT PETTY CASH Start Date 9/16/2009 End Date 9/7/2009 End Date 9/22/2009 Check Date 9/16/2009 CHK NO DATE AMOUNT 229198 9/22/09 2,502.51 229199 9/22/09 1,441.00 229200 9/22/09 276,521.00 229201 9/22/09 1,200.00 229202 9/22/09 5,000.00 229203 9/22/09 7,500.00 229204 9/22/09 447.36 229205 9/22/09 1,758.00 229206 9/22/09 5,481.00 229207 9/22/09 69.50 229208 9/22/09 30.00 229209 9/22/09 5,571.00 229210 9/22/09 181.96 229211 9/22/09 257.45 229212 9/22/09 780.58 229213 9/22/09 1,008.70 229214 9/22/09 823.17 229215 9/22/09 9,092.58 229232 9/22/09 7.41 A/P Total $ 319,673.22 9,116.28 87,322.69 GRAND TOTAL $ 416,112.19 �-.• 6AL1;OEt NCORpORATED COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 12 9/22/2009 261 CDC DEBT SERVICE FUND 502 SECTION 8 FUND 505 HOME FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 290,531.00 31,048.19 955.06 7.41 91, 570.56 1,999.97 416,112.19 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California EETING DATE: Oct 20, 2009 AGENDA ITEM NO. 43 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $105,023.94 to the City of National City for the period of 09/23/09 through 09/29/09 PREPARED BY: Jeanette Ladrid Finance Director EXPLANATION: EPARTMENT 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 $105,023.94 STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A I TACHMENTS (Listed Below) Warrants for the period the period of 09/23/09 through 09/29/09 COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #13 9/29/2009 PAYEE BEARD CAROLYN ST. CLAIR CHRISTENSEN & SPATH LLP DIXIELINE BUILDERS ENVIRONMENTAL HAZARDS SERVICES ENVIRONMENTAL HEALTH COALITION EQUIFAX INFORMATION SVCS FEDEX GE CAPITAL HOWARD JOHNSON EXPRESS ICF JONES & STOKES LIMFUECO PACIFIC BUSINESS CAPITAL CORP URBAN FUTURES VERONICA TAM & ASSOCIATES WADE & ASSOCIATES `"'LLS FARGO BANK LING .,�JRIDO SECTION 8 SECTION 8 HAPS PAYMENTS DESCRIPTION REIMB PANELIST ON CRA SEMINAR ART CENTER CASA FAMILIAR REIMB CASA FAMILIAR RENTAL 623948 HUD HEALTHY HOMES DEM GRANT REIMB HEALTHY HOMES SERVICES CREDIT BACKGROUND CHECK FOR S8 COURIER SERVICE EQUIPMENT RENTAL REIMB ECO DEV LOAN PROGRAM WESTSIDE SPECIFIC PLAN GFOA REV FORECAST AND ANALYSIS EQUIPMENT RENTAL 07/16-08/12/09 IMPLEMENTATION PERFORMANCE IDIS FY 06/07 GRANTS ASSISTANCE BAY MARINA GATEWAY CREDIT CARD EXP REIMB EDUCATIONAL REIMB - SECTION 8 TRAINING Start Date End Date 8/12/2009 8/18/2009 CHK NO DATE AMOUNT 229311 9/29/09 98.34 229312 9/29/09 17,583.81 229313 9/29/09 495.00 229314 9/29/09 27,942.89 229315 9/29/09 54.00 229316 9/29/09 11,798.66 229317 9/29/09 100.33 229318 9/29/09 17.63 229319 9/29/09 420.86 229320 9/29/09 11,007.63 229321 9/29/09 3,614.00 229322 9/29/09 566.48 229323 9/29/09 195.00 229324 9/29/09 487.50 229325 9/29/09 78.75 229326 9/29/09 20,308.50 229327 9/29/09 175.60 229328 9/29/09 1,200.00 229384 9/29/09 258.52 A/P Total $ 96,403.50 8,620.44 GRAND TOTAL $ . 105,023.94 1:1.F0Rat1A's• zscon ,oRATED COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 13 9/29/2009 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 8,979.29 78.75 67,528.01 28,437.89 105,023.94 City of National City, California COMMUNITY DEVELOPMENT COMMISSION 7EETING DATE October 20, 2009 AGENDA ITEM NO. 44 ITEM TITLE Resolution of the Community Development Commission of the City of National City awarding a contract to Hogle-Ireland, Inc. in the amount not -to -exceed $26,935 and authorizing the Chairman to execute the contract agreement for the preparation of the City of National City Five -Year Consolidated Plan (FY2011-FY2015) and a One -Year Annual Action Plan (FY2010-2011) for the U.S. Department of Housing and Urban Development (HUD) PREPARED BY Carlos Aguirre (Ext. 4391) DEPARTMENT Community Development Housing and Grants Divisi EXPLANATION The City of National City annually receives approximately $1.1 million in Community Development Grant (CDBG) funds and $642,000 in HOME Investment Partnerships Program (HOME) funds. The City must comply with U.S. Department of Housing and Urban Development's (HUD) planning and reporting requirements. In addition, this Consolidated Plan should reflect the City's intended uses of program income generated from the CDBG and HOME fund investments. On July 13, 2009, the City of National City released a request for proposals from experienced community development consultant firms or individual consultants to assist the City in developing and preparing a five-year consolidated plan and a one-year annual actual plan. A Housing and Grants Division review committee graded eight proposal responses received. The committee recommends Hogle-Ireland, Inc for a contract award based on superior capability, staff capacity, cost, creative approach, and regional experience. Environmental Review Ni N/A Financial Statement Approved By. Finance Director The contract funding requirement of $26,935.00 is budgeted for in FY2010 and will be expended from Account No. 522-445-462-299-0000. Account No. n/a STAFF RECOMMENDATION Adopt Resolution BOARD / COMMISSION RECOMMENDATION Not applicable to this report. ATTACHMENTS ( Listed Below Resolution No. n/a Attachment No. 1: Contract Agreement with Hogle-Ireland, Inc. A-200 (9/99) RESOLUTION 2009 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH HOGLE-IRELAND, INC. IN THE AMOUNT NOT -TO -EXCEED $26,935 AND FOR THE PREPARATION OF THE CITY OF NATIONAL CITY FIVE-YEAR CONSOLIDATED PLAN (FY2011-FY2015) AND A ONE-YEAR ANNUAL ACTION PLAN (FY2010-2011) FOR THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, as an entitlement community, the Community Development Commission of the City of National City (CDC) administers the Community Development Block Grant (CDBG) and the Home Investment Partnerships (HOME) Program for the City of National City and the Federal Government under the United States Department of Housing and Urban Development (HUD); and WHEREAS, the City of National City must comply with HUD planning and reporting requirements that include the submission of a Consolidated Plan every five years and an Annual Action Plan every year that outlines the long range planning and application aspects of HUD entitlement program funds; and WHEREAS, on July 13, 2009, the City of National City issued a Request for Proposals from experienced community development consultant firms or individual consultants to assist the CDC in developing and preparing the five-year consolidated plan and a one-year annual action plan; and WHEREAS, from all the proposals submitted, the CDC has determined that Hogle-Ireland, Inc. is the most qualified land use, planning, and development consulting firm, and recommends Hogle-Ireland, Inc. to employ in the preparation of the Five -Year Consolidated Plan and a One -Year Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED by the Community Development Commission of the City of National City that the Chairman is hereby authorized to execute on behalf of the CDC a contract not -to -exceed $26,935.00 with Hogle-Ireland, Inc. for the preparation of the City of National City Five Year Consolidated Plan (FY2011-FY2015) and a One -Year Annual Action Plan (FY2010-2011) for the U.S. Department of Housing and Urban Development. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of October, 2009. Ron Morrison, Chairman ATTEST: APPROVED AS TO FORM: Brad Raulston, Secretary George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND HOGLE-IRELAND, INCORPORATED THIS AGREEMENT is entered into this TH day of _October, 2009, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and Hogle-lreland, Incorporated, a Land Planning and Development Consulting Firm (the "CONTRACTOR)". RECITALS WHEREAS, the CDC desires to employ a CONTRACTOR to provide preparation of a Five -Year Consolidated Plan, 2010-2015 and preparation of Annual Action Plan, FY 2010-- 11. WHEREAS, the CDC has determined that the CONTRACTOR is a land use, planning, and development consulting firm and is qualified by experience and ability to perform the services desired by the CDC, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CDC 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 CDC for such services, except as authorized in advance by the CDC. The CONTRACTOR shall appear at meetings cited in Exhibit "B_"to keep staff and City Council advised of the progress on the project. The CDC 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 CDC 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 5% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Alfredo Ybarra, Housing Manager, hereby is designated as the Project Coordinator for the CDC 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. Laura Stetson thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A_"shall not exceed the schedule given in Exhibit "C" (the Base amount) without prior written authorization from the CDC. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CDC. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. ACCEPTABILITY OF WORK. The CDC shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONTRACTOR and the CDC cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the CDC or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the CDC shall each prepare a report which supports their position and file the same with the other party. The CDC shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 6. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "D". 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CDC for use with respect to this Project upon CONTRACTOR's receipt of full payment for same, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CDC and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CDC's purposes, and the CONTRACTOR expressly waives and 2 City's Standard Agreement — May 2008 revision 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 CDC 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 CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CDC and are not entitled to any of the rights, benefits, or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CDC 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 CDC. 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. 9. CONTROL. Neither the CDC 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 CDC, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CDC wholly independent CONTRACTORs and that the CONTRACTOR's obligations to the CDC are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subCONTRACTORs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 12. STANDARD OF CARE. City's Standard Agreement — May 2008 revision A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CDC otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. 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 4 City's Standard Agreement - May 2008 revision ,, Agreement without the prior written consent of the CDC. 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 CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subCONTRACTORs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CDC. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers and employees, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CDC and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. 5 City's Standard Agreement — May 2008 revision G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the National City Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the National City 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 CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CDC. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CDC 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 CDC. 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 CDC, 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 CDC by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC 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. 6 City's Standard Agreement — May 2008 revision 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of Califomia) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CDC: To the CONTRACTOR: Alfredo Ybarra, Community Development Manager Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 Laura Stetson, AICP Vice President Hogle-Ireland, Inc. 201 South Lake Avenue, Suite 308 Pasadena, CA 91101 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CDC. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CDC in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ 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. 7 Gity's Standard Agreement — May 2008 revision 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 CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 23. 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. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any andall matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 8 City's Standard Agreement— May 2008 revision IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT COMMISSION Hoqle-Ireland Incorporated OF THE CITY OF NATIONAL CITY By: Ron Morrison, Chairman APPROVED AS TO FORM: George H. Eiser, III Legal Counsel 9 President Executive Vice President City's Standard Agreement — May 2008 revision EXHIBIT A SCOPE OF SERVICES Required by HUD to be updated every five years, the Consolidated Plan is a comprehensive, integrated approach to both the long range planning and application aspects of HUD's CDBG, HOME, and other federal funding programs. The Consolidated Plan describes the City of National City's housing, community development, and economic development needs and priorities and activities to be undertaken under the HUD funding programs for the next five years. The Consolidated Plan will address all required federal regulations as well as guidelines established by HUD. Hogle-Ireland will use the Consolidated Plan Management Process (CPMP) tool, which was developed by HUD to assist grantees in meeting the requirements of the Consolidated Plan. The use of the CPMP tools also facilitates the completion of the required Action Plans and Consolidated Annual Performance and Evaluation Reports (CAPER). City staff and Consultant can discuss the desired use of this tool further upon contract award. Task 1 - Public Participation Integral to the process is community involvement, as the community that is served has knowledge of the unmet needs and a stake in helping define the City's expenditure of HUD funds. The City of National City encourages residents to become involved in the planning and implementation activities of the Consolidated Plan. As required by HUD, the City has a Public Participation Plan (PPP), which outlines the measures taken to facilitate public participation. The City's current PPP (as it will be amended to eliminate participation by the Housing and Community Development Commission, or HCDC) will help guide the community outreach process of the Consolidated Plan. Public input received will help in completion of the required HUD tables related to housing and community development needs, as well as the narrative responses describing the City's priority needs. Public input will be received through: 1. A public meeting with service providers, recipients of services, and others to review the Consolidated Plan update process and gather input on housing and community development needs from the public. Invitations will sent specifically to service providers and local social service agencies. 2. A survey for residents to evaluate the importance of specific housing and community development needs. The survey will be distributed by the City at public facilities (libraries, community centers) as well as to service providers serving City residents. The consultant team will be responsible for data entry and analysis. 3. Phone interviews with service providers and social services agencies (particularly those unable to attend the public meeting) to ensure that the housing and community development needs of special needs groups are addressed. In our past and current Consolidated Plan work, we have found these focused consultation meetings to be highly effective in providing information about groups thvt rarely participate in public forums. Our scope includes approximately one day of phone intervices with service providers and/or community organizations to gauge the type and extent of needs for special needs groups 10 City s 3tanaard Acreernent — Mey 2008 revision including families, elderly residents, disabled residents, homeless persons, and persons living with AIDS/HIV. 4. A public meeting with the City Council to review the Draft Consolidated Plan and to allow the public to comment on the plan. 5. A City Council hearing for adoption of the Consolidated Plan where the public will be invited to comment on the Plan. Meetings • • One (1) public meeting for input on needs - • Phone interviews with service providers to gauge the type and extent of housing and community development needs in the City • One (1) public meeting with the City Council to review Draft Consolidated Plan • One (11) City Council public hearing to adopt Consolidated Plan Task 2 - Consolidated Plan The Consolidated Plan will be drafted by first assessing the City's housing and community development needs and then developing a housing and community development strategy for the period 2010-2015. In the context of the CPMP tool, the assessment of needs and related strategies to address those needs are reorganized by topic under the Strategic Plan for ease in understanding and implementation. The Consolidated Plan will contain three primary sections: the Executive Summary, the Strategic Plan, and Attachments, including HUD -required tables and background public outreach information. To initiate the Consolidated Plan processes, the consultant team will meet with City staff to refine the work scope and evaluate current strategies, objectives, and priorities and discus potential modification to the City's HUD funding approach. A review of the public participation plan for the Consolidated Plan update and a review of a preliminary list of community stakeholders to be consulted can also be discussed. Prior to the kick-off meeting, the consultant team will send staff a list of background and reference material needed for Consultant review, to be received at the kick-off meeting. Meetings • One (1) kick-off meeting with City staff Strategic Plan and HUD -Required Consolidated Plan Tables The Strategic Plan and the HUD -Required Consolidated Plan Needs and Priority Tables will be created in the context of the CPMP tool. The CPMP provides a new format for the Consolidated Plan, combining the components required under the Code of Federal Regulations (CFR) for HUD (24 CFR Part 91) - the housing and homeless needs assessment, the housing market analysis and the strategic plan - into one narrative. The Strategic Plan narrative lists specific questions that HUD grantees must respond to in order to be compliant with the Consolidated Planning Regulations. Guided by the CPMP tool, the Strategic Plan will respond to these questions and thereby address the required needs assessments and develop goals and objectives for the five-year period. The Strategic Plan narrative will also include an executive summary. 11 City's Star:ard Agreement — May 2008 revision The CPMP also provides a format to link HUD -Required Consolidated Plan Tables to the Strategic Plan narrative. The HUD -required tables are utilized to develop the narratives in the Strategic Plan and will be included as an Appendix. These tables include: • Housing Market Analysis Worksheet • Priority Housing Needs Worksheet • Homeless Needs Worksheet • . Community Development Worksheet • •Non -Homeless Special Needs Worksheet Based_onthe tables above, Specific Objectives are established through a series of worksheets that provide information on annual objectives and specific funding sources and amounts. The tables may also be used to track performance outcomes during the five-year period. Included in the Specific Objectives tables are national performance objectives and outcomes. In order to aggregate accomplishments at the national level, HUD has recommended that grantees utilize standardized objectives and outcomes for reporting achievements. As part of the narrative, an explanation of the City's performance outcome measurement system will be included consistent with federal guidelines as referenced in the Federal Register Notice, Volume 70, Number 111 dated June 10, 2005. The required worksheet detailing the City's needs and the objectives for the five-year plan will be consistent with goals and objectives established in the City's Housing Element and Redevelopment Implementation Plan. In the -course of creating the Strategic Plan for 2010-2015, the consultant team will meet with City staff to evaluate current and develop new strategies, objectives, and priorities. Meetings • One (1) strategic plan meeting with City staff Task 3 - FY 2010 Action Plan The FY 2010-2011 Action Plan will be prepared in conjunction with the Five -Year Consolidated Plan and use the CPMP tool to establish consistency with the Consolidated Plan. The CPMP First Annual Action Plan includes the SF 424 and Narrative Responses to Action Plan questions that HUD grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. Required tables, projects lists, and certification documents will also be completed. Document Preparation We have included an allowance (direct cost) for document reproduction of $1,000 for the following Consolidate Plan copies, as requested by the City: • Staff Review Draft Consolidated Plan (electronic copies) • Public Review Draft (5 copies) • Final Documents (7 copies and 1 reproducible original; document in Word 2003 format) In addition, our staff will compile material used to develop the Consolidated Plan in a resource binder for staff. Documentation may include consultations records. lists of data sources, and other supporting documentation. 12 City's Standard Agreement — May 2008 revision 13 Citys Stanaara Agreement — May 2008 evision EXHIBIT B SCHEDULE OF MEETINGS The schedule of meetings is indicated in Exhibits A and D for each contract task. 14 CC s Standard Agreement -- May 2008 =v.sion EXHIBIT C COSTS FOR SERVICES The budget represents the estimated cost required to complete the plan of work outlined this contract. Any additional time required beyond that indicated will be billed on a time and materials basis with prior authorization from the City. Project Management Task 1 Public Participation Two Public Meetings: Public and CC Residents Survey Service Provider Phone Interviews City Council Adoption Task 2 Consolidated Plan Strategic Plan HUD Tables Task 3 Action Plan Document Preparation (Labor) Document Preparation (Reproduction/Deliverables) 1 3 4 Miscellaneous Costs (postage, mileage, reproductions, etc) Total r 2 12 6 6 4 3 6 4 16 10 10 6 50 30 30 16 6 4 20 28 17 16 12 61 40 20 for 43r 184r 10r 214 15 $2,090 $3,140 $1,490 $1,760 $1,380 $6,000 $3,255 $4,260 $2,060 $1,000 $500 $26,935 City's Stancard Agrerenr— May 2CO8 -evisicn EXHIBIT D COMPLETION DATES AND TIME DURATIONS The Consolidated Plan is due at HUD 45 days before the new program year begins (July 1st). For Fiscal Year 2010/11, the deadline will be on Thursday, May 17, 2010. The following schedule anticipates submission of final documents to HUD on May 13, 2010. A 30-day public review is required for the draft Consolidated Plan; therefore, the final draft must be completed at the beginning of April to ensure timely submittal. The exact date will be determined in coordination with staff based on HUD and local public noticing requirements: The dates for meetings set forth below is contingent upon City staff scheduling the meetings as planned. Task Drafting of the Consolidated Plan Public Meeting #1 Residents Survey • Service Provider Phone Interviews Drafting of FY 2010-2011 Action Plan Public Meeting #2 with City Council Mandatory 30-day public review of the draft Consolidated Plan City Council Public Hearing (meeting #3) Submittal of Consolidated Plan to HUD Due Date Mid -September - March 2010 December 2, 2009 November/December 2009 November 2009 January -March 2010 February 16, 2009 March 29 — April 28, 2010 May 4, 2010 May 13, 2010 16 City's Standard Agrees ent - May 2OOti revision City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE October 20, 2009 AGENDA ITEM NO, 45 ITEM TITLE A resolution approving an Indemnity Agreement with The National Brownfield Association regarding a grant -funded feasibility study of the Pacific Steel site at 1500 Cleveland Avenue. PREPARED BY DEPARTMENT Patricia Beard (ext 4255) Redevelopment Divisio Redevelopment Manager EXPLANATION The National Brownfields Association ("NBA") conducts a program called "STAMP" — Site Technical Assistance for Municipal Projects — that brings in a team of outside experts to analyze and recommend a feasible redevelopment project and approach for a site contaminated with hazardous materials. Valued at $25,000, a STAMP project fully funded by the US Environmental Protection Agency ("EPA") is currently underway for the vicinity of the Pacific Steel site on Cleveland Avenue. The NBA is requesting that the CDC hold the team members harmless regarding the recommendations to be provided at the conclusion of the study. National City is the fourth City nationally to be provided this technical assistance; the three previous STAMP projects were implemented in their respective municipalities. Participants in the project will report to the CDC/City Council in November with recommendations for the site. Environmental Review Not applicable. Financial Statement The value of the project is $25,000, funded by EPA. STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL 1d) Respond to City Council with thorough analysis. ATTACHMENTS 1. Proposed Agreement Resolution No. RESOLUTION NO. 2009 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN INDEMNITY AGREEMENT WITH THE NATIONAL BROWNFIELDS ASSOCIATION REGARDING A GRANT -FUNDED FEASIBILITY STUDY OF THE PACIFIC STEEL SITE AT 1500 CLEVELAND AVENUE WHEREAS, the United States Environmental Protection Agency has awarded the Community Development Commission of the City of National City ("CDC") a grant for $25,000 to study a feasible brownfields redevelopment approach for the Pacific Steel site on Cleveland Avenue; and WHEREAS, the National Brownfield Association ("NBA") has agreed to provide technical assistance to the CDC including a study to be performed by a panel of its Association members using the NBA's Site Technical Assistance for a Municipal Project ("STAMP") program; and WHEREAS, NBA's goal through the implementation of STAMP recommendations is to reduce blight, improve local tax receipts, clean up contaminated sites, create jobs, and redevelop sites with "green" structures that use "green" design, clean energy, and employ sustainable resource management practices; and WHEREAS, the NBA has requested the CDC hold its members harmless for the consequences of any of the STAMP activities or recommendations. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an Indemnity Agreement with the National Brownfields Association regarding a grant -funded feasibility study of the Pacific Steel site at 1500 Cleveland Avenue. Said Indemnity Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of October, 2009. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, Ill City Attorney AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND THE NATIONAL BROWNFIELDS ASSOCIATION This Agreement, dated this day of , 2009, is made by and between the Community Development Commission of the City of National City, ("CDC"), and the National Brownfields Association ("NBA"). RECITALS A. The United States Environmental Protection Agency has awarded the CDC a grant for $25,000 to study a feasible brownfields redevelopment approach to the Pacific Steel Site on Cleveland Avenue (the "Site"). B. NBA has agreed to provide technical assistance to the CDC, including a study to be performed by a panel of members from NBA, using NBA's Site Specific Technical Assistance for a Municipal Project (STAMP) program. C. NBA's goal, through the implementation of STAMP recommendations, is to reduce blight, improve the local property tax rolls, clean up contaminated sites, create jobs, and redevelop sites with green structures that use green design, clean energy, and employ sustainable resource management practices. D. The purpose of this Agreement is to set forth the respective rights and obligations of the parties while NBA is performing the services described herein. Description of Services. NBA shall furnish the following services during the term of this Agreement: • Consultation, review of documents and information provided by CDC, as well as professional advice ■ A written STAMP recommendation answering the questions a. What is the highest and best use for the property? b. What is the most likely development? c. Does additional property need to be assembled to make the project viable? d. What is the best way to include all needed properties in the project? e. What data gaps need to be filled to support STAMP recommendations? f. What steps would the City need to take to move forward with a project? 1. Term of Agreement. The term of this Agreement shall commence on September 1, 2009, and teinunate on December 31, 2009. 2. Compensation. The compensation for the services of NBA and the STAMP team shall be through USEPA entirely. No charges shall be incurred by the CDC for this project other than internal CDC charges for in kind services provided. 3. Termination. CDC or its Executive Director may terminate this Agreement at any time by providing five (5) day's written notice to NBA. 4. Independent Contractor. It is agreed that NBA is an independent Contractor and all persons working for or under the direction of NBA, including but not limited to members of the STAMP team, are NBA'S agents, servants, volunteers, and employees, and said persons shall not be deemed agents, servants or employees of CDC, and shall not be entitled to any of the rights, privileges, or benefits of CDC employees, including but not limited to retirement benefits, medical coverage, unemployment benefits, or worker's compensation insurance. 5. Hold Harmless. To the fullest degree permitted by law, CDC agrees to defend, indemnify, and hold harmless NBA and the STAMP team and their agents, servants, and employees and agents from and against any and all claims, damages, losses, costs and expenses of any kind, including but not limited to attorneys' fees, incurred by reason of any liability resulting from the NBA STAMP team's volunteer efforts, recommendations, or suggestions provided to CDC under the efforts of the services described herein; provided, however, that this indemnification and hold harmless shall not include any claims, damages, losses, costs and expenses, including without limitation attorneys' fees, arising out of the sole negligence or willful misconduct of NBA. the STAMP team, or their officers, agents, servants, or employees, or volunteers. 6. Project Coordination and Supervision. Patricia Beard is hereby designated the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. Robert V. Colangelo shall be the Project Coordinator for NBA, and shall provide supervision and have overall responsibility for progress and execution of this Agreement by NBA and the STAMP team. 7. Disposition and Ownership of Documents. The memoranda, reports, drawings, maps, plans, specifications, and other documents prepared by NBA under this Agreement, whether paper or electronic, shall become the property of CDC and shall be turned over to CDC upon completion of NBA's services hereunder. 8. Standard of Care. NBA and the STAMP team, in performing any services under this Agreement, shall perform in a manner consistent with the level of care and skill ordinarily exercised by members of their profession. 9. Confidential Information_ CDC may from time to time communicate confidential information to NBA or the STAMP team, to enable them to effectively perform the services to be provided hereunder_ NBA and the STAMP team shall treat all such information as confidential, and shall not disclose any part of such information without the prior written consent of CDC's Executive Director. 10. Conflict of Interest. During the term of this Agreement, neither NBA nor the STAMP team shall engage in any activities inimical to or in conflict with the interests of CDC, nor perform services of any kind for any person or entity whose interests conflict in any way with the interests of CDC. l 1. Miscellaneous Provisions. 2 a. 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. b. 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. c. 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. d. Exhibits and Schedules. Any Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. e. 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. f. 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. g. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. NBA and the STAMP team shall comply with all laws, including federal, state, and local laws, whether now in force or subsequently enacted. h. 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. i. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. j. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. This Agreement shall be interpreted according to the laws of the State of California. IN WITNESS WHEREOF, this Agreement is executed by the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY and the NATIONAL BROWNFIELDS ASSOCIATION. NBA Please check applicable box, and note the number of signatures required: Corporation (two signatures of corporate officers) Partnership (one signature) Sole Proprietorship (one signature) Signature: Print Name: Title: 3 Signature: Print Name: Contact Information: Name: `Title: Address: Phone: Fax: Email: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By: RON MORRISON, CHAIRMAN APPROVED AS TO FORM: By: GEORGE H. EISER, III, CITY ATTORNEY 4 Signature: Print Name: Pril6( W 13\C{SHer- Contact Information: Name: Title: Tre4 ,L r v' Phone: Fax: Address: Email: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By: RON MORRISON, CHAIRMAN APPROVED AS TO FORM: By: GEORGE II. EISER, III, CITY ATTORNEY City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT IEETING DATE October 20, 2009 AGENDA ITEM NO. ITEM TITLE REAL PROPERTY TRANSACTION FOR NATIONAL CITY PUBLIC WORKS YARD LOCATED AT 2100 HOOVER AVENUE 46 PREPARED BY EXPLANATION George H. Eiser, III / 4 DEPARTMENT (Ext. 4221) City Attorney The purpose of this report is to update the CDC Board regarding staffs effort in negotiating the sale, including the price and terms of the payment, of the National City Public Works Yard located at 2100 Hoover Avenue, currently owned by the City. Executive Director Brad Raulston is the negotiator for the CDC, and the other negotiating party is The Related Group. This is a companion item to the closed session item on the agenda. Environmental Review ' N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Accept and file. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. N/A L A-200 (9/99) ITEM #47 10/20/09 CLOSED SESSION REPORT - CITY ATTORNEY -