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Home My WebLink About2010 06-01 CC CDC AGENDA PKTAgenda Of A Regular Meeting - National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — June 1, 2010 - 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 durance 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 CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 6/1/2010 - Page 2 PRESENTATIONS National City, California Clean Air Award — Public Strategies 2. Marisela Barron — Recognition for civic commitment and bravery Guadalupe Perez Barraza — Recognition for civic commitment and bravery Corporal Dan Nagle — Recognition for dedication to duty, tenacity and proactive approach. 3. Captain Brian Krepps — N.C. Fire Dept. - Employee of the Year 2010 Officer Chad Sakamoto, - N.C. Police Dept. - Employee of the Year 2010 Engineer Michael Shoemaker — N.C. Fire Department - Employee of the Year 2010 Cristina Campbell — Sweetwater High School - Teacher of the Year 2010 Jason Haug — Granger Middle School - Teacher of the Year 2010 Maribel Hernandez — National City Middle School - Teacher of the Year 2010 Yen Dang Hagler — El Toyon Elementary School - Teacher of the Year 2010 PROCLAMATION 4. Proclaiming June 1, 2010 as: EUGENE AMANO DAY" CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 6/1/2010 - Page 3 CITY COUNCIL CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial.nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 5. Approval of the Minutes of the Regular City Council/Community Development Commission Meetings of March 16, 2010 and May 18, 2010. (City Clerk) 6. 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) 7. Resolution of the City Council of the City of National City approving the second amendment to the Agreement between the City and Project Design Consultants to update the 1996 Historic Resources Survey as a part of the comprehensive General Plan Update for an amount not to exceed $12,914.00 for Fiscal Year 2010-11. (Community Development) 8. Resolution of the City Council of the City of National City authorizing the 30-day review and public comment of the Police Department's grant application for $100,000 from 2010 Citizen's Option for Public Safety (COPS) grant without matching funds toward the purchase of a fire suppression system, mobile computer aided dispatch (CAD) system, storage server for the public camera system, vehicle computer docking stations and funding for the San Diego Regional Computer Forensics Lab. (Police) 9. Resolution of the City Council of the City of National City waiving the bid process and authorizing the purchase and installation of a 3C's command vehicle receiver system and related hardware for the Police Department for the not to exceed amount of $28,480.00 with Vislink-Pacific Microwave Research and Thunderworks Mobile Engineering/TW Mobile. (Police) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 6/1/2010 - Page 4 CONSENT CALENDAR (Cont.) 10. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with CDWG, Inc. in the amount of $89,344.20 to install and configure network storage infrastructure. (Continued from Council Meeting of 5-18-10) (MIS/City Manager) 11. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to an Agreement with Mayer Hoffman McCann, P.C., in the amount of $62,056 for independent auditing services for Fiscal Year Ending June 30, 2011. (Finance) 12. Resolution of the City Council of the City of National City ratifying the acceptance of an amendment in the amount of $135,000 for Camp WINGS, increasing the total amount of the WINGS Operating Agreement from $979,698 to $1,114,698 for Fiscal Year 2009-10. (Library) 13. WARRANT REGISTER #44 Warrant Register #44 for the period of 04/28/10 through 05/04/10 in the amount of $2,447,015.70. (Finance) 14. WARRANT REGISTER #45 Warrant Register #46 for the period of 05/05/10 through 05/11/10 in the amount of $5,939,300.39. (Finance) PUBLIC HEARINGS 15. Continued Public Hearing from Council Meeting 5-18-2010 - Proposal to install red light cameras at various intersections throughout the City with the following locations under consideration: Plaza Blvd. /Euclid Ave.; Highland Ave./30th St.; Paradise Valley Rd./8th St.; Highland Ave./8th St.; and Highland Ave./Plaza Blvd. The public and interested parties have been invited to appear at this meeting to be heard at this public meeting or in written correspondence delivered to the City Clerk or to the City Council at, or prior to the Public Hearing. (Police) **Companion Item #20** 16. Public Hearing —Weed Abatement. (Fire) **Companion Item #18** CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 6/1/2010 - Page 5 ORDINANCE FOR ADOPTION 17. An Ordinance amending the City of National City Municipal Code by adding Chapter 4.70 relating to recovering costs for the deployment of emergency services by the National City Fire Department. (Continued from Council Meeting of 5/18/10) (Fire) NON CONSENT RESOLUTIONS 18. Resolution of the City Council of the City of National City authorizing the approval of Weed Abatement Public Hearing Findings. (Fire) **Companion Item #16** 19. Resolution of the City Council of the City of National City to waive the formal bid process and authorize the Mayor to sign a Service Agreement between the City of National City and Fire Recovery USA, LLC for implementing a Cost Recovery Program. (Continued from Council Meeting of 5/18/10) (Fire) 20. Resolution of the City Council of the City of National City authorizing approval of an Agreement for red light photo enforcement cameras with Redflex Traffic Systems, Inc. for a Red Light Photo Enforcement Program and waiving the formal bid process. (Continued from Council Meeting of 5/18/10) (City Manager/Police) **Companion Item #15** 21. 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 increasing to three percent the Member contribution paid by the City of National City's Miscellaneous Employees represented by the Municipal Employees' Association. (Human Resources) 22. 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 increasing to three percent the Member contribution paid by the City of National City's Miscellaneous Employees, Confidential Employee Group Subset. (Human Resources) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 6/1/2010 - Page 6 NON CONSENT RESOLUTIONS (Cont.) 23. 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 increasing to five percent the member contribution paid by the City of National City's Miscellaneous Employees, Management Employee Group Subset, effective July 1, 2010 and increasing to 8% July 1, 2011. (Human Resources) 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 increasing to six percent the Member contribution paid by the City of National City's Miscellaneous Employees, Executive Employee Group Subset effective July 1, 2010 and increasing to 8% effective July 1, 2011. (Human Resources) 25. Resolution of the City Council of the City of National City confirming individual Councilmembers' and the Mayor's voluntary waiver of a total of five percent of the Public Employees Retirement System (PERS) contribution paid by the City of National City effective July 1, 2010, and increasing to 8% effective July 1, 2011. (City Attorney) 26. 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 increasing to five percent the member contribution paid by the City of National City's Miscellaneous Employees, Elected Official Employee Group Subset effective July 1, 2010 and increasing to 8% effective July 1, 2011. (Human Resources) NEW BUSINESS 27. Temporary Use Permit — American Cancer Society's National City Relay for Life at Kimball Park from August 14th starting at 10 a.m. and concludes August 15th at 10 a.m. This is a City co -sponsored event eligible to maximum fee waiver of $1,500.00 pursuant to City Council Policy #804. (Neighborhood Services) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 6/1/2010 - Page 7 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 28. Authorize the reimbursement of Community Development Commission expenditures in the amount of $837,768.18 to the City of National City for the period of 04/28/10 through 05/04/10. (Finance) 29. Authorize the. reimbursement of Community Development Commission expenditures in the amount of $5,198,095.41 to the City of National City for the period of 05/05/10 through 05/11/10. (Finance) NEW BUSINESS 30. Amortization Update: Initiation of block by block focus effort in the Westside (Old Town) beginning with blocks surrounding Kimball Elementary School. (Community Development) STAFF REPORTS 31. Coolidge Avenue Safe Routes to School Project. (Engineering/Development Services) MAYOR AND CITY COUNCIL ADJOURNMENT Adjourned Regular City Council and Community Development Commission Budget Workshop Meeting — Tuesday — June 8, 2010 — 6:00 p.m. Council Chambers — National City, California. Dispensing of the Regular City Council and Community Development Commission Meeting of June 15, 2010 and Adjourning to an Adjourned Regular City Council and Community Development Commission Meeting - Tuesday — June 22, 2010 - 6:00 p.m. - Council Chambers - National City, California. ITEM #1 6/1/10 National City, California Clean Air Award — Public Strategies ITEM #2 6/1/10 Marisela Barron — Recognition for civic commitment and bravery Guadalupe Perez Barraza — Recognition for civic commitment and bravery Corporal Dan Nagle — Recognition for dedication to duty, tenacity and proactive approach. r co it on acid preo even aiid gather cruc ial' ii dangerotiPS0Xual predator€ >tay balm°durrn ;a; raumatic;; prebend a vioi'ent:and fay calrn�-durin a;trauaiat c4 prebend a violent,' and •1n r o, ,iitiot..and. appreo . au� forcernent o %cet' updn t. tizens of atiotra,1' most !Iket ,preyente J otbe •fi city±±% itiiyour pkac , approachjo y&tn: profession a's rlargeroii 4 1r'' tor.,,that was attemptrng to prey d,.mt lcing'him`iinto.cust 33;dv'haS'; ITEM #3 6/1/10 Captain Brian Krepps — N.C. Fire Dept. - Employee of the Year 2010 Officer Chad Sakamoto, - N.C. Police Dept. - Employee of the Year 2010 Engineer Michael Shoemaker— N.C. Fire Department - Employee of the Year 2010 Cristina Campbell — Sweetwater High School - Teacher of the Year 2010 Jason Haug — Granger Middle School - Teacher of the Year 2010 Maribel Hernandez — National City Middle School - Teacher of the Year 2010 Yen Dang Hagler — El Toyon Elementary School - Teacher of the Year 2010 ITEM #4 6/1/10 WHEREAS, Eugene Amano s the firrst full4blooded'F11 hi the U.S.,National Football ,1 449: L ainil WHEREAS, Eugene_snOow in hi: three 310 pound athlete is the s Tenpessee Titans:arid WHEREAS; e,was raised Bernardo-:- chool and cut -: Nashville andi: i Diego: ands WHEREAS, ne g worked hard`ta o$ f id !ty by P al f M � i @° �.. � ��¢ " .+• fix` .',' •� WHEREAS, r' GitFou ►lynd •� y Fuot �1 HEREAS, his provided:tlti r ,? tlse young people o rs�' a iE ,fir time and fits resourc B,E' IT P'FiOCLAI .Ron RipvT4= National Cityand the `Members of the CI authority `vested inn us by:;the City:o ;proela:0i,June,1,1010, 'IEUGENE AM 11 We urgo all citizens,in the City of •National City tofitake;a ino commemorate and appreciaf theT ine example c f..a posits model 'that. this Young man has. sl are.dwith our youth commuriity. ITEM #5 6/1/10 APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS OF MARCH 16, 2010 AND MAY 18, 2010. (CITY CLERK) ITEM #6 City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption 6%1/10 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." ® Recycled Paper CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1, 2010 AGENDA ITEM NO. 7 EM TITLE: Resolution of the City Council approving the second amendment to the agreement between the City and Project Design Consultants to update the 1996 Historic Resources Survey as part of the comprehensive General Plan Update for an amount not to exceed $12,914.00 for fiscal year 2010-11. PREPARED BY: Raymond Pe�"� PHONE: 336-4421 EXPLANATION: On April 20, 2010, the City Council directed staff to determine the validity of the 1996 Historic Resources Survey and whether it could be used in its current form. The General Plan Update subconsultant for cultural resources has indicated that the survey could not be relied upon to establish historic significance, but could be used to 'flag' potentially historic structures when development is proposed or when permits and other entitlements are requested from the City. Owners of flagged properties could then be required to conduct the necessary review to determine historic significance and eligibility for designation. This option would place the financial burden on individual property owners. DEPARTMENT: Comn)t1T ity Development APPROVED BY: If Council chooses to update the survey, the cost through the General Plan Update subconsultant would be $12,914.00. The scope of services would include a field survey and evaluation of the buildings on the 1996 list and the development of a database. The subconsultant has reduced the cost of the update m the original amount of $35,750.00 by excluding from the scope the completion of Department of r arks and Recreation (DPR) Primary Record Forms for up to 130 identified potential historic resources. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. 159-445-468 APPROVED: MIS An appropriation of $12,914.00 from the General Plan Update Reserve fund is sufficient for program expenditures in FY 10/11. ENVIRONMENTAL REVIEW: An Environmental Impact Report will be prepared for the General Plan Update pursuant to the California Environmental Quality Act. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: 1. Direct the use of the 1996 survey in the review of development and permit/entitlement requests, or 2. Adopt the resolution and amend the agreement to authorize the update of the 1996 survey. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: Resolution Agreement 3. Proposal RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE SECOND AMENDMENT TO THE AGREEMENT WITH PROJECT DESIGN CONSULTANTS TO UPDATE THE 1996 HISTORIC RESOURCES SURVEY AS PART OF THE COMPREHENSIVE GENERAL PLAN UPDATE FOR AN AMOUNT NOT TO EXCEED $12,914.00 FOR FISCAL YEAR 2010-11 WHEREAS, on June 16, 2009, the City Council adopted Resolution No. 2009- 145, to enter into an agreement with Project Design Consultants in the not -to -exceed amount of $600,000 for consultant services for the comprehensive update of the General Plan and Land Use Code; and WHEREAS, on December 1, 2009, the City and the Project Design Consultants entered into the first amendment to the agreement for consultant services to expand the scope of services for the not -to -exceed amount of $650,000; and WHEREAS, on June 1, 2010, staff was directed to proceed with an update of the 1996 Historic Resources Survey as part of the comprehensive General Plan update; and WHEREAS, Project Design Consultants has retained a qualified cultural resources subconsultant for the General Plan update; and WHEREAS, the cost to update the 1996 Historic Resources Survey will not exceed $12,914.00. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Second Amendment to the Agreement between the City of National City and Project Design Consultants for the comprehensive update of the General Plan and Land Use Code and preparation of environmental impact report for an additional amount not to exceed $12,914.00 for fiscal year 2010-2011. PASSED and ADOPTED this 1st day of June, 2010. Ron Morrison, Mayor ATTEST: Mike Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 5865 MT. ALIFAN DRIVE SAN DIEGO, CA 92111 TEL: 858 336 0938 FAX: 858 467 1779 www.dceplanning.com DESIGN, COMMUNITY & ENVIRONMENT May 13, 2010 Camille Passon Project Design Consultants 701 B Street, Suite 800 San Diego, CA 92101 Re: Proposal to Provide Historical Resources Survey Update and Database Preparation for the City of National City Dear Camille: DC&E and its subconsuttant, Tierra Environmental Services (Tierra), are pleased to provide this revised proposal to update National Ctty's Historic Resources Survey through the creation of a historic resources database. This proposal details the scope of work and cost estimate in response to the reduced scope and role that we have discussed, Project Background As the second oldest city in San Diego County, National City has a complex history and a rich stock of historic buildings. In 1996, Anne Pierce Cooper completed a preliminary study of the city's historic buildings, and cataloged 175 buildings that either had National Register potential, were potentially significant, or were potentially significant and a better than average ' 3" (as defined in Ms. Cooper's report). Since that time, the City of National City has designated 27 buildings as local landmarks, and most (but not all) of these buildings were on Ms. Pierce Cooper's inventory. Since some of these landmarks were also identified by Ms. Pierce Cooper, the City has a total of 171 potential historic resources. Despite these efforts, the City of National City does not have a detailed inventory of all buildings in the city that are thought to be of historical significance. Therefore, the City has requested that DC&E and Tierra create a database list for all potential resources in the City. Scope of Work Task A. Historic Resources Database Offices in Berkeley, Ventura and San Diego Camille Passon May 13, 2010 page 2 Tierra will conduct field surveys to collect photographs, locational information, and historical, descriptive, and evaluation data on all 170 buildings that are listed in Ms. Pierce Cooper's study and/or which already have City landmark status.. The field survey of the buildings is anticipated to require three to five days for a team of two specialists. Tierra will provide complete and edited Excel data sets for the projects including photographs and location maps. The Excel worksheet will be incorporated as the data set of a searchable Microsoft Access database. The database will allow searches by APN number, address, owner, and other appropriate fields. Deliverables and Schedule Deliverables under this scope of work will include preparation of a letter report and database. Three weeks should be allowed between delivery of the complete data set and production of the final product for the project. Staff The historical database preparation will be conducted by Mr. Patrick McGinnis, RPA and Tierra staff. Mr. Scott Moomjian will serve as Architectural Historian and provide oversight. We are prepared to commence studies immediately, and are committed to complete the studies in the timeliest manner possible. Cost This scope of work for the National City Historic Resources Survey Update will be completed for a fixed cost of $12,914. Please note, this does not include completion of Department of Parks and Recreation (DPR) Primary Record Forms for identified potential historic resources in National City. We look forward to working with PDC and the City on this project. If you have any questions or observations regarding this proposed agreement, please do not hesitate to contact me. Sincerely, Brooke Peterson, AIC Project Manager Offices in Berkeley, Ventura and San Diego SECOND AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PROJECT DESIGN CONSULTANTS THIS SECOND AMENDMENT TO AGREEMENT is entered into on June 1st, 2010 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and PROJECT DESIGN CONSULTANTS, a California corporation (the "CONSULTANT"). RECITALS WHEREAS, on June 16, 2009, the CITY and the CONSULTANT entered into an agreement for consultant services for the comprehensive update of the General Plan and Land Use Code; and WHEREAS, on December 1, 2009, the CITY and the CONSULTANT entered into the first amendment to the agreement for consultant services; and WHEREAS, on June 1, 2010, the CITY directed staff to proceed with an update of the 1996 Historic Resources Survey as part of the comprehensive General Plan update; and WHEREAS, the CONSULTANT has retained a qualified cultural resources subconsultant for the General Plan update; and WHEREAS, the cost to update the 1996 Historic Resources Survey shall not exceed $12,914.00; and NOW, THEREFORE, THE PARTIES DO MUTUALLY AGREE AS FOLLOWS: 1. To increase the CONSULTANT authorized not to exceed amount by an additional $12,914.00. 2. To expand the scope of work as described in Exhibit A. With the forgoing exceptions, each and every provision of the AGREEMENT entered into on June 16, 2009 and amended on December 1, 2009 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date and year first above written. CITY OF NATIONAL CITY PROJECT DESIGN CONSULTANTS (Corporation — signatures of two corporate officers required) By: By: Ron Morrison (Name) Mayor (Print) (Title) APPROVED AS TO FORM: By: George H. Eiser, III (Name) City Attorney (Print) (Title) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1, 2010 AGENDA ITEM NO. 8 EM TITLE: Resolution of the City Council of the City of National City authorizing the 30-day review and public comment of the Police Department's grant application for $100,000 from 2010 Citizen's Option for Public Safety (COPS) grant without matching funds toward the purchase of a fire suppression system, mobile computer aided dispatch (CAD) system, storage server for the public safety camera system, vehicle computer docking stations and funding for the San Diego Regional Computer Forensics Lab PREPARED BY: Lt. Lanny Roark DEPARTMENT: Police PHONE: 336-4524 APPROVED BY:'�'! EXPLANATION: The County of San Diego has announced that the National City Police Department would be awarded $100,000 or 100% in new funding from the 2010 Citizen's Option for Public Safety (COPS) grant program. The National City Police Department requests approval to purchase a fire suppression system to protect the Department's data center that houses critical communication and data hardware, a storage server for the public safety camera system, a mobile CAD system, computer docking stations and fund the Department's portion of the San Diego Regional Computer Forensics Lab (RCFL). The City is required to make the grant application available for review by the City Council and assure the application is made public and an opportunity for comment is provided to citizens for not fewer than 30 days. The City is not required to allocate any up -front costs or matching funds to receive the grant funding. The 2010 COPS grant is a direct grant allocation that requires agencies to complete a spending plan to submitted to the County of San Diego Auditor and Controller's Office in order to. process and u,0burse funds. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. 208-411-911- APPROVED: This grant does not require a match; therefore, there is no impact to the General Fund ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve Resolution and begin the 30-day review and public comment period and authorize the purchase following the 30-day period BOARD 1 COMMISSION RECOMMENDATION: ATTACHMENTS: ter from State Department of Finance and City allocations RESOLUTION 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE 30-DAY REVIEW AND PUBLIC COMMENT OF THE NATIONAL CITY POLICE DEPARTMENT'S GRANT APPLICATION IN THE AMOUNT OF $100,000 FROM THE 2010 CITIZEN'S OPTION FOR PUBLIC SAFETY (COPS) GRANT, WITHOUT MATCHING FUNDS FROM THE CITY, AND AUTHORIZING THE PURCHASE OF A FIRE SUPPRESSION SYSTEM, MOBILE COMPUTER AIDED DISPATCH (CAD) SYSTEM, STORAGE SERVER FOR THE PUBLIC SAFETY CAMERA SYSTEM, VEHICLE COMPUTER DOCKING STATIONS, AND FUNDING FOR THE SAN DIEGO REGIONAL COMPUTER FORENSICS LAB WHEREAS, Assembly Bill 3229, Chapter 134, Statutes of 1996, established the Citizen's Option for Public Safety (COPS) Program to provide Supplemental Law Enforcement Services Funds (SLESF) for public safety purposes; and WHEREAS, the COPS Grant is a direct grant allocation program, and does not require the City to allocate any up -front costs or matching funds; and WHEREAS, the Police Department's spending plan stated that the grant funds would be used for the purchase of a fire suppression system, mobile computer aided dispatch (CAD) system, storage server for the public safety camera system, vehicle computer docking stations, and funding for the San Diego Regional Computer Forensics Lab for the Police Department. WHEREAS, the Police Department is required to make the grant application available for review and public comment for not fewer than 30 days. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the 30-day review and public comment of the National City Police Department's Citizen's Option for Public Safety (COPS) grant application, and upon the expiration of the 30 day review and public comment period, authorizes the expenditure of said grant funds for the of purchase of a fire suppression system, mobile computer aided dispatch (CAD) system, storage server for the public safety camera system, vehicle computer docking stations, and funding for the San Diego Regional Computer Forensics Lab. PASSED and ADOPTED this 1st day of June, 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney g$T OF • a 11� Z 0 1111 n. DEPARTMENT OF OFFICE OF THE DIREFTOR October 1, 2009 ARNOLD S CHWARZ ENEGG ER, GOVERNOR STATE CAPITOL ■ ROOM 1 145 ■ SAERAMENTC CA ■ 95B 14-4998 ■ wWW.aor.CA_SOV Ms. Tracy M. Sandoval CFO/Auditor-Controller County of San Diego 1600 Pacific Highway, Room 166 San Diego, CA 92101-2478 The Local Safety and Protection Account (LSPA) in the Transportation Fund is anticipated to receive $497 million in revenues in 2009-10. Based on the formulas contained in Government Code Section 30061, the Department of Finance (Finance) estimates a total of $211.722 million in LSPA revenues will be available for purposes of the Citizens' Option for Public Safety (COPS) program and the Juvenile Justice Crime Prevention Act (JJCPA) program. Pursuant to Government Code Section 30061, Finance estimates the COPS and JJCPA programs will each receive $105.861 million. In addition, Chapter 158, Statutes of 2003, authorizes up to $275,000 from the juvenile justice allocation to be available to the Corrections Standards Authority for administrative purposes. Pursuant to current law, the State Controller is required to allocate the COPS and JJCPA funds to each county that has established a Supplemental Law Enforcement Services Fund (SLESF) in accordance with Section 30061 of the Government Code, and in accordance with the proportionate share of the state's total population that resides in each county and city and county. The Controller is required to make all disbursements upon request of an individual county and city and county that has established a SLESF, and has established an oversight committee pursuant to Section 30064 of the Government Code. Current law requires the county auditor to allocate moneys to the county's SLESF, including any interest or other return eamed on the investment of those moneys, within 30 days of the deposit of those moneys in accordance with the following requirements: 1. 5.15 percent to the county sheriff for county jail construction and operation. 2. 5.15 percent to the district attorney for criminal prosecution. 3. 39.7 percent to the county and the cities within the county in accordance with the relative population for the cities within the county and the unincorporated area of the county. Accordingly, a population estimate for your county is enclosed and a listing of allocations for each eligible entity. The population estimate is based on the January 1, 2009 estimate by the Population Research Unit of the Department of Finance, as required by Section 30061 of the Govemment Code. 4. 50 percent to the county or city and county to implement a comprehensive multi -agency juvenile justice plan, as specified. These funds are intended to cover the cost of approved plan activities from October 1, 2009 through September 30, 2010. -2- The attached allocations reflect the $211.722 million provided in the Budget Act allocated into the four categories above, based on the percentages in statute (i.e. 21.30 percent of total anticipated LSPA revenues for COPS, and an additional 21.30 percent of LSPA revenues for JJCPA). Within each category allocations are based on population, as required by statute. For the 39.7 percent front-line law enforcement category, the allocations also reflect a minimum grant of $100,000. Therefore, entities that would have received less than $100,000 based on the population distribution formula were provided additional amounts while entities that received more than $100,000 were adjusted proportionately downward, so the total amount allocated is $84.054 million. The amounts distributed to each city within the county and to the county for the unincorporated population were summed to determine front-line law enforcement totals provided to each county for allocation to the cities within the county. Please note that legislation enacted concurrent with the 2009 Budget Act now requires that COPS/JJCPA payments be distributed in four equal installments beginning October 1. Consequently, you will not receive a lump -sum payment as in previous years. We have attached information showing how the anticipated 2009-10 COPS/JJCPA moneys are to be allocated. The allocations should be made in four installments. If the VLF revenues deposited in the LSPA are either greater than or less than $497 million, the COPS/JJCPA allocations will be adjusted on a pro -rated basis. After allocation of funds to each county's SLESF for the juvenile justice program, the SLESF shall only allocate funding for the juvenile justice program after the juvenile justice plan has (1) been approved by the county board of supervisors, and in the case of a city and county, the plan has been approved by the mayor, and (2) the plan has been submitted to the Corrections Standards Authority and notification from the Authority has been received indicating approval. For questions regarding the COPS program and the allocation of funds for the JJCPA program, please contact Chris Hill, Principal Program Budget Analyst, at (916) 322-2263. For questions regarding the juvenile justice program approval and requirements, please contact Aaron Long at the Corrections Standards Authority at (916) 322-1427. Sincerely, NO- ANA MATOSANTOS Chief Deputy Director Attachment 1/1/2009 Co. Jall District Front-line Juvenile COUNTY Population Operation Attorney Enforcement Justice Total SAN DIEGO 3,173,407 $ 903,614 $ 903,614 $ 5,326,546 $ 8,750,166 $ 15,883,940 CARLSBAD 104,652 $ 162,123 CHULA VISTA 233,108 $ 361,123 CORONADO 23,028 $ 100,000 DEL MAR 4,591 $ 100,000 ELCAJON 98,133 $ 152,024 ENCINITAS 64,145 $ 100,000 ESCONDIDO 144,831 $ 224,367 IMPERIAL BEACH 28,243 $ 100,000 LA MESA 56,881 $ 100,000 LEMON GROVE 25,650 $ 100,000 NATIONAL CITY 56,522 $ 100,000 OCEANSIDE 179,681 $ 278,355 POWAY 51,126 $ 100,000 SAN DIEGO 1,353,993 $ 2,097,557 SAN MARCOS 83,149 $ 128,811 SANTEE 56,848 $ 100,000 SOLANA BEACH 13,547 $ 100,000 VISTA 96,089 $ 148,858 UNINCORPORATED 499,190 $ 773,327 total population 3,173,407 total, front-line $ 5,326,546 enforcement State Controller's Office COPS and Juvenile Justice Allocation 07-1-09 through 09-30-2009 38,654,684.10 5.15% 5.15% 39.70% 50.00% $ 1,990,716 $ 1,990,716 $ 15,345,910 $ 19,327,342 $ 38,654,684 01/01/2009 Co. Jail District Front-line Juvenile Justice COUNTY Population Operation Attorney Enforcement Total ALAMEDA 1,556,657 80,925.70 80,925.70 494,769.01 774,507.20 1,431,12761 ALPINE 1,201 62.44 62.44 18,257.28 597.57 18,979.73 AMADOR 38,080 1,979.66 1,979.66 109,543.70 18,946.52 132,449.54 BUTTE 220,748 11,475.99 11,475.99 121,571.58 109,832.10 254,355.66 CALAVERAS 45,987 2,390.72 2,390.72 36,514.57 22,880.61 64,176.62 COLUSA 21,997 1,143.55 1,143.55 54,771.85 10,944.50 68,003,45 CONTRA COSTA 1,060,435 55,128.68 55,128.68 452,268.88 527,614.33 1,090,140.57 DEL NORTE 29,547 1,536.06 1,536.06 36,514.57 14,700.97 54,287.66 EL DORADO 180,185 9,367.25 9,367.25 77,784.76 89,650.18 186,169.44 FRESNO 942,298 48,987.11 48,987.11 453,580.15 468,835.83 1,020,390.20 GLENN 29,239 1,520.04 1,520.04 54,771.85 14,547.72 72,359.65 HUMBOLDT 132,755 6,901.51 6,901.51 148,049.72 66,051.61 227,904.35 IMPERIAL 179,254 9,318.85 9,318.85 146,058.26 89,186.96 253,882.92 INTO 18,049 938.31 938.31 36,514.57 8,980.19 47,371.38 KERN 827,173 43,002.12 43,002.12 398,589.36- 411,555.94 896,149.54 KINGS 154,743 8,044.60 8,044.60 91,286.41 76,991.63 18a 367.24 LAKE 64,025 3,328 46 3,328.46 54,771.85 31,855.33 93,284.10 LASSEN 35,550 1,848.13 1,848.13 36,514.57 17,687.73 57,898.56 LOS ANGELES 10,393,185 540,308.96 540,308.96 3,525 819.72 5,171,079.16 9,777,516.80 MADERA 152,331 7,919.21 7,919.21 57,999.30 75,791.56 149,629,28 MARIN 258,618 13,444.74 13,444.74 220,691.93 128,674.14 376255.55 MARIPOSA 18,306 95167 951.67 18,257.28 9,108.06 29,268.68 MENDOCINO 90,206 4,689.53 4,689.53 91,286.41 44,881.56 145,547.03 MERCED 256,450 13,332.03 13,332.03 139,009.21 127,595.46 293,268.73 MODOC 9,698 504.17 504.17 36,514.57 4,825.19 42,348.10 MONO 13,504 702.03 702.03 36,514.57 6,718.85 44,637.48 MONTEREY 431,892 22,452.71 22,452.71 274,644.46 214,885.79 534,435.67 NAPA 137,571 7,15/.88 7,151.88 113,299.77 68,447.79 196,051.32 NEVADA 98,718 5,132.04 5,132.04 73,613.48 49,116.67 132,994.23 ORANGE 3,139,017 163,187.61 163,187.61 1,025,828.79 1,561,802.80 2,914,006.81 PLACER 339,577 17,653.54 17,653.54 154,295.32 168,954.90 358,557.30 PLUMAS 20,632 1,072.59 1,072.59 36,514.57 10,265.35 48,925.10 RIVERSIDE 2,107,653 109,570.24 109,570.24 759,143.12 1,048,652.60 2,026,936.20 SACRAMENTO 1,433,187 74,506.88 74,506.88 435,586,62 713,075.29 1,297,675.67 SAN BENITO 58,016 3,016.07 3,016.07 54,771 85 28,865.58 89,669.57 SAN BERNARDINO 2,060,950 107,142.30 107,142.30 704,690.93 1,025,415.75 1,944,391.28 SAN DIEGO 3,173,407 164,975.44 164,975.44 972,482.50 1,578,913.37 2,881,346.75 SAN FRANCISCO 845,559 43,957.95 43,957.95 239,153.90 420,703.81 747,773.61 SAN JOAQUIN 689,480 35,843.89 35,843.89 238,791.24 343,047.45 653,526.47 SAN LUIS OBISPO 270,429 14,058.75 14,058.75 161,102.85 134,550.65 323,771:00 SAN MATEO 745,858 38,774.81 38,774.81 427,164.97 371,098.06 875,812.65 SANTA BARBARA 431,312 22,422.55 22,422.55 201,978.50 214,597.21 461,420.81 SANTA CLARA 1,857,621 96,571.87 96,571.87 607,508.20 924,250.38 1,724,902.32 SANTA CRUZ 268,637 13,965.59 13,965.59 111,476.62 133,659.05 273,066.85 SHASTA 183,023 9,514.79 9,514.79 82,330.77 91,062.21 192,422.56 SIERRA 3,358 174.57 174.57 36,514.57 1,670.76 38,534.47 SISKIYOU 45,973 2,389.99 2,389.99 200,830.11 22,873.64 228,483.73 SOLANO 426,729 22,184.30 22,184.30 182,909.48 212,316.96 439,595.04 SONOMA 486,630 25,298.36 25,298.36 234,785.10 242,120:41 527,502.23 STANISLAUS 526,383 27,364.99 27,364.99 239,536.75 261,899,33 556,166.06 SUTTER 96,554 5,019.54 5,019.54 54,771.85 48,039.98 112,85091 TEHAMA 62,836 3,266.65 3,266.65 73,029.13 31,263.75 110,826.18 TRINITY 13,959 725.68 725.68 18,257.28 6,945.23 26,653.87 TULARE 441,481 22,951.21 22,951.21 203,825.12 219,656.75 469,384.29 TUOLUMNE 56,335 2,928.68 2,928.68 36,514.57 28,029.21 70,401.14 VENTURA 836,080 43,465.17 43,465.17 295,861.72 415 987.58 798,779.64 POLO 200,709 10,434.23 10,434.23 91,697.67 99,861.80 212,427.93 YUBA 72,900 3,789.84 3,789.84 54,771.85 36,271.04 98,622.57 Counties Sub -Total 38,292,687 1990,716.23 1,990,716.23 15,345,909.59 19,052,342.05 38,379,684.10 Corrections Standards Authority - - - - $ 275,000 $ 275,000 Totals 1,990,716.23 1,990,716.23 15,345,909.59 19,327,342.05 38,654,684.10 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1, 2010 AGENDA ITEM NO. 9 EM TITLE: Resolution of the City Council of the City of National City waiving of the bid process, and authorizing the purchase and installation of a 3C's command vehicle receiver system and related hardware for the Police Department for the not to exceed amount of $28,480 from Vislink-Pacific Microwave Research and Thunderworks Mobile Engineering/TW Mobile. PREPARED BY: L. Roark, Lieutenant DEPARTMENT: Police PHONE: 336-4524 APPROVED BY: EXPLANATION: It is requested Council waive the formal bidding requirements as allowed in Section 12 of the Purchasing Ordinance #1480, and in Chapter 2.60.220 of the Municipal Code. Special circumstances exist, and it is in the City's best interest to take advantage of this opportunity for the following reasons: The San Diego region has developed a single standard for video downlink. Vislink-PMR is the sole provider of the necessary equipment for the County's 3C's communication project. Vislink has supplied all other agencies in the county with the equipment. All transmitters and receivers in the county are programmed and deployed with matching channel and encryption schemes. The technology being used in the county -wide program is proprietary to Vislink-PMR. Thunderworks/TW Mobile is one of the designated installers of the equipment and is familiar with the put, design and installation specifications. Thunderworks/TW Mobile has provided installation __.vices and technical consulting for the Police Department FINANCIAL STATEMENT: ACCOUNT NO. 282-411-936-355-0000 Vislink-PMR - $21,320.00 Thunderworks/TW Mobile - $7,151.35 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: at-7i" - Finance MIS STAFF RECOMMENDATION: Approve Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: volution #2009-147, Resolution #2009-220, Resolution #2010-53, —..,Jtes-Vislink/PMR and Thunderworks/TW Mobile RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING OF THE BID PROCESS, AND AUTHORIZING THE PURCHASE AND INSTALLATION OF A 3C'S COMMAND VEHICLE RECEIVER SYSTEM AND RELATED HARDWARE FOR THE POLICE DEPARTMENT FROM VISLINK-PACIFIC MICROWAVE RESEARCH FOR THE NOT TO EXCEED AMOUNT OF $21,320, WITH THE INSTALLATION PROVIDED BY THUNDERWORKS MOBILE ENGINEERING/TW MOBILE IN AN AMOUNT NOT TO EXCEED $7,151.35 WHEREAS, on September 1, 2009, the City Council adopted Resolution No. 2009-220 for National City to become a party to the Memorandum of Understanding for the San Diego Regional Interoperable Command and Control Communications (3C's) Program, a multi- phase, inter -agency public safety communications project; and WHEREAS, as part of the 3C's Program, all transmitters and receivers in the region are programmed and deployed with matching channel and encryption schemes provided by the 3C's Command Vehicle Receiver System, and Vislink-Pacific Microwave Research (Vislink-PMR) is the sole provider of this System; and WHEREAS, Thunderworks/TW Mobile is one of the designated installers of the vehicle receiver system and is familiar with the layout, design, and installation specifications; and WHEREAS, Section 2.60.260 (B) of the National City Municipal Code provides that the City may dispense with the requirements the bidding process when the commodity can be obtained from only one vendor, and the City Council has made such a determination in this case. It is therefore recommended that the purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the determination that the 3C's Command Vehicle Receiver System used throughout the region can only be obtained from one vendor, and pursuant to Section 2.60.260 (B) of the Municipal Code authorizes the waiver of the bidding process. BE IT FURTHER RESOLVED that the City Council hereby approves the purchase of the 3C's Command Vehicle Receiver System and related hardware for the Police Department from Vislink-Pacific Microwave Research for the not to exceed amount of $21,320, with the installation provided by Thunderworks/TW Mobile, the designated installer, in an amount not to exceed $7,151.35. PASSED and ADOPTED this 1st day of June, 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III, City Attorney 10729 W heatlands Avenue Santee, CA 92071 Phone # (619) 596-1925 Fax # (619) 596-1909 Name / Address 3C Downlink Installation Estimate Date Estimate 9/15/2009 4799 P.O. No. Project QTYIVeh # Est Due Date Rep 9/15/2009 AJ Item Description Qty Rate Tota Misc Parts. 22LG30 SV Labor RF splitter, coaxial cable and connectors, Monitor mount, installation supplies 22" LG High resolution LCD TV, PC input, built in speakers Labor to perform the following tasks: -Integrate and test agency provided rackmount PMR downlink receiver, connect to existing power, audio and video modulator cables -Install RF splitter in antenna cable to rear monitors to enable viewing all video sources on new LCD monitor, run all cables. -Install VESA LCD monitor mount on bulkhead wall, streetside, in rear command room. -Connect pre ran antenna cable to receiver, install provided antenna on most -Install agency provided antenna for diversity on roof in antenna ground plane 1 1 32 400.00 480.00 85.00 400.00T 480.00T 2,720.00 National City PD Signature Subtotal $3,600.00 Sales Tax (9.75%) $85.80 Total $3,685.80 allen@thunderworks.net 10729 W heatlands Avenue Santee, CA 92071 Phone # (619) 596-1925 Fax # (619) 596-1909 Name 1 Address City of National City Public Works Department 2100 Hoover Ave National City, CA 91950-6530 Estimate Date Estimate 9/15/2009 4800 P.O. No. Project QTYNeh # Est Due Date Rep 10/15/2009 AJ Item Description Qty Rate Tota ST-222MX Misc Parts. SV Labor Misc Parts. Misc Parts. SV Labor REAR VGA SWITCHING Dual VGA input/Dual VGA output switcher VGA cables, ports, extensions Labor to install dual input dual output matrix VGA switcher to enable routing of Computer monitor signals more effectively in rear and outside workstations. This will include the installation of an input portal at outside workstation to enable command staff to select lively view either their laptop located in the rear room or the outside connected laptop. The command room monitor will also have the flexibility of viewing either source. FRONT LCD MONITOR UPGRADES LCD monitor to match existing units Monitor mount and VGA cables, ports Labor to install and connect new monitor on curbside workstation. This new monitor would have the ability to empower both workstations on that side with dual monitor capabilities from the laptops. This would add considerable capabilities with little cost to the existing configuration. 1 1 24 1 1 4 71.40 300.00 85.00 400.00 225.00 85.00 71.40T 300.00T 2,040.00 400.00T 225.00T 340.00 MCV Video upgrades Signature Subtotal $3,376.40 Sales Tax (9.75%) $97.15 Total $3,473.55 '-)allen@thunderworks.net law Enforcement & Pubic Safety Vislink, Law Enforcement and Public Safety 101 Billerica Ave, Bldg. 6 North Billerica, MA USA 01862 Tel: (978) 671-5700 Fax: (978) 671-5903 www.mrcglobalsolutions.com Sold To: NATIONAL CITY POLICE DEPARTMENT Lt. Lanny Roark 1200 NATIONAL CITY BLVD NATIONAL CITY, California 91950 United States of America Phone: +1 619 336-4524 Fax: Email: Iroark@nationalcityca.gov i QUOTE Date Quote # 05/05/10 MIEMQ1008-01 Ship To: NATIONAL CITY POLICE DEPARTMENT Lt. Lanny Roark 1200 NATIONAL CITY BLVD NATIONAL CITY, California 91950 United States of America Phone: +1 619 336-4524 Fax: Terms NET 30 FOB Destination Rep Mark Merrill P.O. Number Ship Via Best Way 1 2 3 4 1 Part Number Description k Unit Price 3Cs Command Vehicle Receiver System - 4 dBic $19,425.97 Antennas 101559 Receiver, DR200S, Compact COFDM Video/Audio, $14,379.00 S-band (2200 - 2500) with Diversity Option 102083 Rack Mount Unit, DR200RMU, Rack Mount Option $3,530.01 for DR200 Diversity Receiver, No Bias-T, 90-240 VAC/12 VDC Ext. Price $19,425.97 $14,379.00 $3,530.01 0M2025R.4 (2) 2.0 - 2.5 GHz 4 dBic Omni - RHCP Airborne $758.48 $1,516.96 Flange, 50 HPBW, N(f)/SMA 2.375" BCIR This quotation was prepared by: Mark Merrill Sales Manager, Law Enforcement & Public Safety PMR Phone: 714-578-0110 Fax 714-578-0133 E-Mail: mmen•ill@pmicrowave.com SubTotal $19,425.97 Sales Tax $1,894.03 Total $21,320.00 To avoid.AN..in.:ehar.es, customer will;.ick- . from Vista, CA. )5/10/10 15:56:32 Vislink Law Enforcement and Public Safety #MIEMQ1008-01 Page 1 of 2 Terms, Conditions, Insurance, and Banking TERMS R CONDITIONS - Unless otherwise noted, all other Standard MRC Terms and Conditions of Sale apply. This quotation is valid for 90 days atter which either a confirmation of prices ora new quotation will be necessary. Prices are quoted in U.S. Dollars($), Ex -Works Billerica, MA. Prices quoted include a two-year in -plant warranty on MRC manufactured products and packed for domestic shipment. Advent and Link -manufactured products' warranty is one year in -plant from date of shipment. Seller's products and related technical data and services may be subject to export control restrictions under the U.S. State Department's International Traffic in Arms Regulations (ITAR) and/or the U.S. Commerce Department's Export Administration Regulations (EAR). Buyer shall not export or re-export Products (including after modification or incorporation of Products into another product), except in compliance with all applicable export control regulations. Notwithstanding any other provision of this Contract, Seller's obligations to deliver Products, technical data and services under this contract are expressly contingent upon receipt of all required export licenses and other government authorizations. Buyer agrees to provide Seller with any information reasonably requested by Seller in connection with its efforts to obtain any such export licenses or otherwise comply with applicable export control and other trade compliance laws and regulations. In the event that Buyer intends to export, re-export, resell or otherwise retransfer Seller's Products, technical data or services (including after modification or incorporation of Products by Buyer into another product), it shall be the sole responsibility of Buyer to comp/y with all applicable export control and trade compliance regulations and to obtain all necessary government authorizations in connection with such transactions. AVAILABILITY -Normal availability for MRC products are 12 weeks after receipt of frequencies and agreed payment terms. Availability for system integration orders subject to OEM lead times. STANDARD DOMESTIC PAYMENT TERMS - Unless otherwise agreed: a A 30% downpayment with your order, balance due N30 days INSURANCE SHIPPING CHARGES - MRC will insure this shipment for the full equipment purchase price of this order unless otherwise declined in writing by the customer poor to shipment Insurance costs will range between $ 25 $.50 per $100 of equipment value for surface shipment. Other insurance costs may be applicable for shipment by air. MRC 'will submit a Sales Order Acknowledgment to the above referenced Customer facsimile number. This Acknowledgment must be signed and retumed to MRC declining insurance coverage. 11 may either be mailed to: MRC, 101 Billerica Ave. (Bldg. #6), N. Billerica MA 01862-1256, or faxed to (978) 671-5903 or 5904. BANK INFORMATION - Citizens Bank, 1 Citizens Drive, Riverside, RI 02915, EFT/ACH ABA#211070175, Wire ABA#011500120, International Wires: Swift Code CTZIUS33, Account Name: Vislink, Inc., Account #1308745343 Reference: Invoice number, PO number or Sales Order number and Customer Name 05/10/10 15:56:32 Vislink Law Enforcement and Public Safety #MIEMQ1008-01 Page 2 of 2 RESOLUTION NO. 2010 — 53 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING REIMBURSABLE GRANT FUNDS IN THE AMOUNT OF $28,480 FOR EQUIPMENT FOR THE NATIONAL CITY POLICE DEPARTMENT FROM THE FY08 URBAN AREA SECURITY INITIATIVE GRANT PROGRAM WHEREAS, the Urban Area Security Initiative ("UASI") Grant Program, which is coordinated by the City of San Diego Office of Homeland Security, provides funding for equipment and training for police and fire personnel; and WHEREAS, the National City Police Department submitted a grant request for $28,480 to purchase communications equipment to upgrade the Department's command vehicle; 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; and WHEREAS, the City of National City is required to execute a Memorandum of Understanding with the City of San Diego Office of Homeland Security that documents the roles, responsibilities, and expectations at the local, State, and federal levels, and ensures that the City of National City, as a participant in the program, agrees to meet the State and federal requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes reimbursable grant funds in the amount of $28,480 for equipment for the National City Police Department from the FY08 Urban Area Security Initiative Grant Program. PASSED and ADOPTED this 6th day of Aprity2010. i;;.I4 Ron Morrison, Mayor ATTEST: Michael R. Delia, ity Clerk APPROVED AS TO FORM: ��Sr George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on April 6, 2010 by the following vote, to -wit: Ayes: Councilmernbers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California H City C etrk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-53 of the City of National City, California, passed and adopted by the Council of said City on April 6, 2010. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT I MEETING DATE: April 6, 2010 AGENDA ITEM NO. 12 EM TITLE: Resolution of the City Council of the City of National City authorizing reimbursable grant funds in the amount of $28,480 for equipment for the National City Police Department from the FY08 Urban Area Security Initiative Grant Program PREPARED BY: Walter Amedee DEPARTMENT: Police PHONE: 619-336-4556 APPROVED BY: EXPLANATION: The FY08 Urban Area Security Initiative Grant Program was designed to supplement the purchase of equipment and training for police and fire personnel. The City of San Diego Office of Homeland Security coordinates the request for equipment and training. The National City Police Department submitted a request to purchase communications equipment to upgrade the NCPD's Command Vehicle. The NCPD's grant request to purchase equipment totaled $28,480. This UASI grant program requires the City to purchase the equipment and then submit documentation for reimbursement. The NCPD must order and/or receive the equipment prior to the December 31, 2010 deadline. Staff recommends the utilization of $28,480 of City funds for equipment for the NCFD, and to request reimbursement for such equipment from the City of San Diego Office of Homeland Security. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. 282-411-936-355-0000 APPROVED: Minor impact; FY08 Urban Area Security Initiative Grant Program is a reimbursable grant that requires jurisdictions to order/receive equipment prior to being reimbursed for expenditures. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff recommends the utilization of $28,480 of City funds for the NCPD. Direct Staff to submit reimbursement forms to the City of San Diego Office of Homeland Security. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: solution RESOLUTION NO. 2009 — 220 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN AN ADMISSION AGREEMENT FOR THE CITY TO BECOME A PARTY TO THE MEMORANDUM OF UNDERSTANDING FOR THE SAN DIEGO REGIONAL INTEROPERABLE COMMAND & CONTROL COMMUNICATIONS (3Cs) PROGRAM WHEREAS, The Regional Command & Control Communications (3Cs) Program is a multi -phase, inter -agency public safety communications project. 3Cs will allow public safety agencies to effectively work together during large and small-scale emergencies and disasters. 3Cs will typically be used for video conferencing and helicopter downlink streaming for situational awareness during critical incidents, planned events, and drills. The ultimate goal is for publicsafety agencies to better serve their communities; and WHEREAS, the rights and obligations of the agencies participating in the program are set forth in a Memorandum of Understanding (MOU) that establishes a contractual relationship between the parties; but does not constitute a joint powers agreement or form a separate joint power agency; and WHEREAS, as a regional effort, support for the network is provided by multiple organizations including the City of San Diego, the County of San Diego, and contract staff. The 3Cs Program works with project engineers and interested agencies to design a network that is robust, secure, and reliable. The 3Cs Program is funded through a series of federal, state, local, and tribal grants; and WHEREAS, agencies interested in participating in the 3Cs Program are being asked to sign Addendum A of the MOU by September 30, 2009, Fire Department staff recommends that the City Council authorize the Mayor to sign the Admission Agreement to join the 3Cs Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City authorizes the Mayor to sign an Admission Agreement for the City to become a party to the Memorandum of Understanding for the San Diego Regional Interoperable Command & Control Communications (3Cs) Program. PASSED and ADOPTED this 1st day of September, 2009. n Morrison, Mayor ATTEST: / A% APPROVED AS TO FORM: 7 Michael Della, City Clerk George H.Eiser, 111 City Attorney Passed and adopted by the Council of the City of National City, California, on September 1, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California iazzi Cityrk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-220 of the City of National City, California, passed and adopted by the Council of said City on September 1, 2009. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING Sept. 1, 2009 AGENDA ITEM NO. ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to sign an Admission Agreement for a party to the Memorandum of Understanding for the San Diego Regional Interoperable Command & Control Communications (3Cs) Program PREPARED BY Walter Amedee DEPARTMENT Fire/Poli Homeland Security Manager EXPLANATION The Regional Command & Control Communications (3Cs) Program is a multi- phase, inter -agency public safety communications project. 3Cs will allow public safety agencies to effectively work together duringlarge and small-scale emergencies and disasters. 3Cs will typically be used for video conferencing and helicopter downlink streaming for situational awareness during critical incidents, planned events, and drills. The ultimate goal is for public safety agencies to better serve their conununities. As a regional effort, support for the network is provided by multiple organizations including the City of San Diego, the County of San Diego, and contract staff. The 3Cs Program works with project engineers and interested agencies to design a network that is robust, secure, and reliable. The 3Cs Program is funded through a series of federal, state, local, and tribal grants. Agencies interested in participating are being asked to sign Addendum A of the MOU by September 30, 2009. Staff recommends that the City Council authorize the Mayor to sign the Admission Agreement to join the 3Cs Program. Environmental Review / N/A Financial Statement Approved By: Finance Director 3Cs is funded through a series of federal, state, local, and tribal grants. Participating agencies will be responsible for costs associated with installing power or network jacks and cabling to run 3Cs equipment. Estimated costs are $6,629 per year. Year one costs are budgeted in the COPS SLESF Grant. Account No. 208411-709-355 STAFF RECOMMENDATION. Staff recommends authorizing the Mayor to sign the Admission Agreement to join the 3Cs Program. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Memorandum of Understanding San Diego Regional Command & Control Communications Program Resolution A-200 (9/99) MEMORANDUM OF UNDERSTANDING SAN DIEGO REGIONAL COMMAND & CONTROL COMMUNICATIONS PROGRAM Effective as of the day and year last written below (the "Effective Date"), this Memorandum of Understanding ("MOU") provides for the collaborative development, implementation, and management of interoperable Regional Command and Control Communications ("3Cs") capabilities by and among the City of San Diego, the County of San Diego, and signatories to Addendum A (herein individually referred to as a "Party" and collectively referred to as the "Parties"). This MOU is not intended to establish a Joint Powers Agreement or separate legal entity. This MOU establishes a contractual relationship among the Parties that may be known as the "3Cs Program." Except as provided herein for amendments, bylaws, rules and regulations approved pursuant to the provisions of the MOU, this MOU is the only binding agreement between these Parties related to the subject matter of this MOU as detailed herein. BACKGROUND After the devastating 2003 fire season, public safety officials across the region agreed on the importance of law enforcement and fire -rescue agencies working together. The Regional Command and Control Communications (3Cs) Program is an example of public safety agencies working together to find a common solution for the region which will benefit both large and small municipalities. 3Cs began as a grant funded project in 2005 to build a high -capacity data network transported over microwave radio for the use and benefit of regional public safety entities. The program was initially developed as a collaborative effort between the City of San Diego Police Department, City of San Diego Fire -Rescue Department, and the San Diego County Sheriff's Department to improve information sharing capabilities between first responders, emergency managers, and other responding agencies during emergencies. The collaboration was defined by a Memorandum of Understanding (MOU) between the three departments supporting their "joint commitment to the goal of the collaborative development and implementation of interoperable communication capabilities among emergency agencies and services throughout the cities and unincorporated areas of the County of San Diego and, as feasible, beyond these borders to Riverside, Imperial, and Orange counties." The collaboration enabled the City to apply for grant funds on behalf of the region. 3Cs was divided into multiple phases and funded by a variety of grants. Initial project funding was awarded through the Community Oriented Policing Services (COPS) grant program and subsequent major funding has been awarded through the Urban Area Security Initiative (UASI) grant program. The San Diego Urban Area Working Group (UAWG) provides oversight and approval for all UASI Grant applications submitted on behalf o the San Diego Urban Area. Grant funds have also been provided through tribal grant programs. To date, all federal, tribal and state grant funds for 3Cs have been awarded to the City of San Diego to manage. i CONCEPT OF OPERATIONS The Regional 3Cs network is being built tothe highest level of public safety standards with redundant power and network paths to ensure that this network is operating when other networks in the region have failed. The network utilizes primarily microwave technology to transport data between public safety agencies at all levels of government operating in San Diego and neighboring counties. 3Cs connects emergency operations management centers of local, state, and federal agencies throughout the region and surrounding counties to enhance communications and information sharing in critical incidents. In addition to supporting inter- agency collaboration for large scale incidents such as wildlandfires and other disasters, the 3Cs network will provide a means to transport data for day-to-day operations. By offering data services on the network, 3Cs will be able to generate revenue to off set on going support costs. Grant funds cannot be utilized to support on -going costs; therefore, a sustainment plan must be implemented. Sustainment is defined as supporting the system through the defined life span of 10 years. Revenue will be generated to support maintenance and operational costs by leasing network capacity to participating public safety agencies and by charging line fees for participants utilizing the network for emergency management. As sponsoring agencies of both the Regional 3Cs project and program, the City and County of San Diego will defer line fee and data transfer expenses by providing labor for the project in kind. This MOU between the City of San. Diego and the County. of San Diego isrequired to address key issues in the program and to support the addition of new members of the network. Key issues to address include: establishment of roles and responsibilities, ownership of maintenance of equipment, support levels, establishment of cost recovery mechanisms, and regional representation. I. SCOPE The scope pf the 3Cs Program is to provide for the collaborative development and implementation of interoperable communications capabilities among public safety agencies throughout the cities and unincorporated areas of San Diego County (the San Diego Urban Area) and Imperial County and, as feasible, other areas and counties adjacent to the San Diego Urban Area. The 3Cs Program enables collaboration, situational awareness and timely distribution of critical incident information by providing a command -level communications structure for public safety when managing an incident that affects the region. The 3Cs network has been designed for secure transport of real time disaster, major incident, emergency management, training and other related public safety information. The 3Cs network provides an organi?ed method of coordinating regional public safety resources (Iaw enforcement, fire, medical) to expedite efficient deployment of those resources and serves primarily as a logistics and unified communications and command network between Emergency Operations Centers (EOCs), Departmental Operations Centers (DOCs), dispatch centers, and the field. It is recognized that each of the Parties has and will maintain its own interoperability capabilities beyond the 3Cs network: 2 II. PURPOSE AND INTENT The purpose and intent of this MOU is to define the operational structure of the 3Cs Program. The Parties hereto agree to work together in a cooperative manner that benefits regional public safety and emergency services, and ensures optimal communication, coordination and information sharing in all appropriate instances, among all appropriate entities. The Parties intend to utilize the administrative and operations structure outlined in this MOU. This document sets forth the rights and responsibilities of the Parties for participation in the 3Cs Program. The Parties agree as follows: III. POLICY The 3Cs network is a regional resource that is available for use by participating public safety agencies on an as -needed and as available basis any time multidiscipline operations dictate or at the discretion of the Parties and in accordance with operational policies adopted by the 3Cs Operations Advisory Board. Use of the 3Cs network should be considered during the planning phase for all Large pre -planned regional exercises or events and incorporated into any written operations plans. IV. OPERATIONAL STRUCTURE A. Operations Advisory Board The 3Cs Program shall have oversight by a seven (7) member Operations Advisory Board ("Board"). The Board shall be responsible for providing input on the overall administration and direction of the 3Cs Program through interaction with the Steering Committee (as defined below). The Board's duties and responsibilities shall include advising and providing recommendations on the program's vision and scope, priorities, acting as a program advocate, establishing program funding, and overseeing the Steering Committee. The Board shall meet no less than once a year. 1. Organization: The following seven representatives, or their designees, shall act as the Operations Advisory Board: • City of San Diego Chief of Police • City of San Diego Fire Chief • San Diego County Sheriff • San Diego County Office of Emergency Services Director • San Diego County Police Chiefs and Sheriff's Association Chairperson • San Diego County Fire Chiefs Association Chairperson • San Diego Fire District Coordinator 2. Rules and regulations The Board may adopt bylaws, rules, or regulations as may be required for the conduct of its meetings and the orderly operation of the 3Cs Program in accordance with applicable law and/or any rule or regulation. 3. Quorum and voting The Sheriff and the City of San Diego Fire Chief must each have a representative present, and a minimum of two (2) additional board members must be present in order for the Board to have a quorum to vote and transact business. Each member shall have one (1) vote. Actions of the Board shall be approved by a majority vote of members present at a meeting where a quorum exists and both the Sheriffs representative and the City of San Diego Fire Chief's representative vote in favor of such actions. B. Steering Committee The 3Cs Program shall be regionally coordinated by a Steering Committee. The Steering Committee's duties and responsibilities shall include: project oversight, establishing and monitoring all 3Cs subcommittees, development of the operational procedures, resolution of project differences of opinion and grievances, and approval of each aspect of project development and implementation. Steering Committee recommendations shall be presented to the Board for approval. The Steering Committee shall meet no less than once every three (3) months. 1. Organization The 3Cs Steering Committee shall be comprised of the following representatives or their designated alternatives: • 3Cs Program Manager (non -voting member) • Regional Technology Center Representative (non -voting member) • County Office of Emergency Services Representative • County Sheriff's Department Wireless Services Representative • County Sheriff's Department Representative • City of San Diego Office of Homeland Security Representative • City of San Diego Communications Representative • City of San Diego Police Representative • City of San Diego Fire -Rescue Representative • California Department of Forestry and Fire Protection (CAL FIRE) Representative • Public Safety Government Representative elected by the Steering Committee's designated Member Subconunittee 4 Each member of the Steering Committee may designate an alternate. Changes to the Steering Committee, including the addition of new representatives, will be approved by majority vote of the Operations Advisory Board, following the rules of quorum and voting in accordance with Section TV.A, Paragraph 3, of this MOU and applicable law. 2. Quorum and voting. A quorum for the conduct of the Steering Committee business shall exist when a majority of the Steering Committee members or their altemates and at least one representative of both the City of San Diego and the Sheriff are present. Each member of the Steering Committee or their alternate shall have one vote. When a committee member and their alternate are both present, only the committee member shall vote. Actions of the Steering Committee shall be approved by a majority vote of members present at a meeting where a quorum. exists. C. Program Manager. The Party providing management of the majority (in dollar value) of the contracts and grants shall assign an employee to serve as Program Manager. The 3Cs Program Manager, after consulting with the Steering Committee, shall be responsible for the selection of other project technical consultants, formation of the project working team from the participating agencies, specifications and preparation of any grant proposals, and for primary vendor selection screening and recommendation. The Program Manager shall report to the Board and shall serve as the Chair of the Steering Committee. The Program Manager shall coordinate with the Fund Coordinators for all contractual and grant administration issues. D. Fund Coordinators• Fund Coordinators from the City of San Diego, County of San Diego, and other Parties utilizing 3Cs grant funds shall be responsible for administration, coordination, fiscal integrity, record maintenance, and other administrative duties as associated with 3Cs grant funds. The Fund Coordinator(s) shall be an employee of the agency managing the grant and shall coordinate with the Program Manager. Each Party shall cooperate with and assist the City of San Diego and any other agency receiving 3Cs grants, in any way necessary to respond to an audit of any grant that funds the 3Cs Program in whole or in part. E. Network Operations & Maintenance Group The San Diego County Sheriff s• Department's Wireless Services Division and the City of San Diego's Communications Division shall jointly form the 3Cs Network Operations and Maintenance Group. This group shall be responsible for the development and implementation of a support model for 3Cs microwave, network, and end user equipment. The Network Operations and Maintenance Group shall report to the 3Cs Operations Advisory Board and coordinate closely with the Steering Committee. 5 F. Project Manager A Project Manager may be selected to manage and complete the 3Cs project tasks per a defined Statement of Work (SOW) for each project phase. The Project Manager shall report to the Program Manager. The Project Manager will be an employee of the City of San Diego or an independent contractor. G. Subcommittees The Steering Committee shall establish and manage subcommittees as necessary to ensure effective operation, participation and communication for the 3Cs Program. The Steering Committee shall appoint a chair for each subcommittee. Members of any subcommittees are not required to be members of the Steering Committee. The subcommittee chairs shall, when requested by the Steering Committee, report the Subcommittee progress and issues to the Steering Committee. V. OWNERSHIP AND MAINTENANCE OF EQUIPMENT The Parties shall maintain the Infrastructure Equipment operated under the auspices of this MOU as described below. For purposes of this MOU, Infrastructure Equipment is defined as the transport network including microwave and fiber optics up to and including the network routing device located at each Party's End Point Equipment. End Point. Equipment is defined as any equipment connected into the 3Cs Network via a network routing device directly connected to the 3Cs Infrastructure Equipment. The customer edge routing device is known as the Point of Demarcation. A. The City of San Diego shall own and be responsible for all Infrastructure Equipment located in facilities managed by the City of San Diego. B. The County of San Diego shall own .and be responsible for all Infrastructure Equipment located in facilities managed by the County of San Diego. C. Each Party shall possess and maintain the End Point Equipment utilized on the 3Cs Network so long as the End Point Equipment is utilized in accordance with the purposes) outlined in the grant. D. All Parties are responsible to ensure that all End Point Equipment and any rules, regulations, policies or procedures that in any vday relate to the End Point Equipment, complies with any and all technical specifications and requirements of the 3Cs Program. E. The City of San Diego is responsible for providing installation services for all equipment for the 3Cs Program, subject to certain exceptions, and shall pay certain other costs. Further detail pertaining to project costs is outlined in Exhibit "B" which is attached hereto and incorporated herein by this reference. F. All Parties hereby grant to the City, its employees, agents, contractors and subcontractors, a non-exclusive right of entry onto, over, in and under the property where 6 installation of the equipment shall occur, as specified in the site specific work order to be provided by the City, for the limited purpose of installation and maintenance of the Infrastructure and End Point Equipment, subject to the terms and conditions set forth in this MOU. Any person, firm, corporation or other entity authorized by the City to work upon the property. in furtherance of this MOU shall be deemed to be the City's agent. It is fully understood that the rights granted pursuant to this MOU shall not confer any right or interest to the City of San Diego, its employees, agents, contractors and subcontractors in the property. G. Maintenance and support services shall be performed in accordance with the Operations and Maintenance Plan for the San Diego Regional 3Cs Program. VI. NETWORK OPERATING COSTS A. The cost for operations and maintenance of the 3Cs Network shall be divided and allocated between the Parties based on the approved business plan, attached hereto as Exhibit "A" and incorporated by reference herein. B. The cost of the ongoing operations and maintenance of the 3Cs Network to the Point of Demarcation shall be allocated to each Party on a per Point of Demarcation, on an annual basis. C. The business plan attached as Exhibit "A" includes projected revenues, expenses, and net operating income based upon anticipated user fee income and various expense categories related to the anticipated staffing levels and other resource commitments to be made by the City and the County in order to ensure efficient and effective operations of the network. As reflected in the business plan, it is anticipated that revenues from network user fees will not be sufficient to offset operating costs. For this reason, the City and County shall receive network service in lieu of fee payment in order to compensate them for the anticipated operating losses when fees generated do not cover all costs incurred. That service in lieu of reimbursement for costs incurred shall be provided to City and County in part, through exclusive use allotments of network resources for their proprietary. needs. It is anticipated that one-third of network resources will be dedicated to regional needs, one-third to City needs and one-third to County needs: It is anticipated that such "proprietary needs" for the County may in fact benefit regional partners through access to such services as SDLaw. The City and County will update the business plan annually by June 1st and present it to the Operations Advisory Board for a recommendation to the Mayor of the City of San Diego. D. Fees assessed to each party will be collected by the City and deposited in a 3Cs revenue account. Fees collected shall be used to offset operations and maintenance costs incurred by the City and the County as outlined in the Business Plana Deviations from the approved Business Plan will be submitted by the Network Operations and Maintenance Group and Program Manager to the Operations Advisory Board for a recommendation to the Mayor of the City of San Diego. E. Connections to the network temporarily added by an agency to handle a disaster or emergency shall not be a part of determining the agency's ongoing cost, unless the Points of 7 Demarcation are retained for normal operations following resolution of the disaster or emergency. F. The costs shall be in effect for a period of one (1) year in accordance with the fiscal year commencing on July 1st and ending on June 30th, except that if the effective date of this MOU is other than July 1, the first fiscal year shall be the short year starting the effective date of this MOU and ending the following June 30. The Board shall recommend to the Mayor of the City of San Diego that costs be adjusted annually based on the reevaluation of the business plan and recalculation of expected program costs following a majority vote as defined in Section IV., Subsection A:, Paragraph 3, Quorum and Voting, herein above. VII. ADDITIONAL PARTIES A. Additional entities providing public safety services may become a party to this MOU upon a majority vote of the 3Cs Operations Advisory Board and by executing a document substantially similar to the form attached as Addendum "A." The agreement shall be reviewed by the City of San Diego, prior to submitting to the 3Cs Operations Advisory Board for approval. B. New parties added to this MOU shall appoint one (1) member to the 3Cs User Group. VIII. NOTICE Any notice, demand, complaint, request, or other submission under this MOU shall be in writing and shall be sent either by U.S. Mail, Certified, and Return Receipt Requested or by personal delivery, to the 3Cs Board in care of the Program Manager at: 3Cs Program Manager City of San Diego 1010 Second Avenue, Suite 400 San Diego, CA 92101 IX. AMENDMENTS This MOU may only be amended or modified by a vote of the Board in accordance with section IV.A.3 of this agreement. X. COUNTERPARTS This Agreement may be executed in any number of separate counterparts and by each of the Parties in separate counterparts, each counterpart constituting an original, and all such counterparts constituting but one and the same agreement. XI. GOVERNING LAW This MOU shall be governed by and construed according to the laws of California. B XII. COMPLIANCE WITH LAWS In exercising their rights under this MOU, the Parties shall fully comply in all material respects with the requirements of any and all applicable laws, requirements and assurances required any grant that funds the 3Cs program in whole or in part, and regulations, rules, orders, policies and procedures of any governmental body having jurisdiction over the exercise of rights under this Agreement. Where there is a conflict between the applicable laws, rules, regulations, orders, policies, or procedures of any governmental body having jurisdiction over the exercise of rights under this Agreement, the applicable requirements and assurances required by any grant that funds the 3Cs program in whole or in part shall govern to the extent permitted by law. XIII. EFFECTIVE DATE AND TERMINATION A. This MOU shall become effective upon its execution by all Parties and, unless otherwise mutually agreed to in writing by the Parties shall remain in effect for two (2) years unless extended by mutual agreement and amendment. B. Any Party to this MOU may withdraw by providing ninety (90) days written notice prior to the end of the fiscal year as defined herein. Regardless of the date that notice of withdrawal is provided, no withdrawal by any Party is effective until the last day of the fiscal year, as defined herein. Notice of termination shall be sent or otherwise delivered to the 3Cs Board at the address listed in Section VIII. C. This MOU shall terminate immediately in the event of a loss of funding to the City necessary to carry out the purposes of this MOU, or disapproval by a federal administrative agency, or if it is determined by the Board or by a legal authority having jurisdiction that the MOU or the 3Cs project violates any federal or state laws, rules or regulations. In the event termination is pursuant to this provision, a notice specifying the reasons for termination shall be sent by the Board to all Parties to the MOU as soon as possible after the termination in accordance with the procedures set forth herein. D. This MOU may not be terminated at the convenience of the Parties if the performance under this MOU is compelled by State or Federal Statute or Executive Order. E. As of the effective date if this MOU, none of the parties to this agreement is aware of any State or Federal Statute or Executive Order that compels any Party to continue performance under this MOU or compels any Party not to terminate for any reason. XIV. EFFECTS OF WITHDRAWAL AND TERMINATION A. Upon withdrawal by any Party from this MOU, the Party withdrawing from participation in the MOU shall return all End Point Equipment funded by 3Cs grant awards to the Program Manager for reallocation or agree to pay the depreciated value minus any costs incurred outside of standard maintenance contracts. B. Parties hosting Infrastructure Equipment in their facility that withdraw from this MOU agree to continue to allow operation of the equipment, including access to the facility, for the 9 lifespan of the system, which includes both Infrastructure and End Point Equipment, as set forth in the Business Plan, attached as Exhibit "A" hereto, and incorporated herein by this reference, provided the remaining Parties agree to assume all costs associated with operation of the 3Cs equipment in the facility including, but not limited to, utilities, real property costs, licenses, and equipment maintenance. The remaining Parties to this agreement also agree to assume all terms and obligations of existing permits, licenses, and lease agreements, and to operate and maintain the equipment in a manner that is consistent with any existing permits, regulations, or agreements. C. Where any Party withdraws from participation in this MOU, such Party shall be responsible for actual costs including, but not limited to, costs for utilities, real property, licenses, and equipment maintenance, incurred in establishing and maintaining the Infrastructure Equipment and End Point Equipment up through and including the ninety (90) day period required for any Party to withdraw as required by this MOU, Section XIII, Subsection B. D. Upon termination of this MOU, the Operations Advisory Board shall recommend to the Mayor of the City of San Diego by majority vote how to distribute any undistributed grant funds and equipment, subject to the rules associated with the grant award. E. Any Party may be removed from the 3Cs System for good cause including, but not limited to failure to pay assessed fees or charges, failure to keep the system secure, failure to comply with applicable grant requirements, and/or improper release of information. Such removal can be made only upon a majority vote of the Operations Advisory Board after providing the member with at least 30 days written notice of the intended removal and an opportunity to be heard by the Operations Advisory Board. A member removed from the 3Cs System shall be subject to all obligations including, but not limited to, the financial obligations of this MOU and any requirements from any grants that fund the 3Cs Program in whole or in part. XV. INDEMNIFICATION A. Claims Arising From Sole Acts or Omissions• of a PARTY Each PARTY to this Agreement hereby agrees to defend and indemnify the other PARTIES to this Agreement, their agents, officers and employees, from any claim, action or proceeding against the other PARTIES, arising solely out of its own acts or omissions in the performance of this Agreement. At each PARTY's sole discretion, each PARTY may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve any PARTY of any obligation imposed by this Agreement. PARTIESshall notify each other promptly of any claim, action or proceeding and cooperate fully in the defense. B. Claims Arising From Concurrent Acts or Omissions The PARTIES hereby agree to defend themselves from any claim, action or proceeding arising out of the concurrent actsor omissions of the PARTIES. In such cases, 10 PARTIES agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph C below. C. Joint Defense Notwithstanding paragraph B above, in cases where PARTIES agree in writing to a joint defense, PARTIES may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of PARTIES. Joint defense counsel shall be selected by mutual agreement of PARTIES. PARTIES agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 4 below. PARTIES further agree that no PARTY may bind the others to a settlement agreement without the written consent of the others. D. Reimbursement and/or Reallocation Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, PARTIES may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. XVI. AUTHORIZED SIGNATURES 1tS 1. The Chief Operating Officer for the City of San Diego is authorized to execute this MOU through authority granted by the Mayor of San Diego and pursuant to San Diego City Charter Section 265. On June 23, 2009, item # J , the County of San Diego Board of Supervisors authorized the Sheriff to execute this MOU and any extensions or amendments that do not materially change the terms of the agreement or the funding levels. IN WITNESS WHEREOF, the Parties have caused this MOU to be executed by their duly authorized representatives asof the day and year last written below. City of San Diego By: �i9!�:�/r%! L"—/¢"9 Jay Goldstone Date Chief Operating Officer County of San Dieg Date William B. Kolender San Diego County Sheriff 11 IN WITNESS WHEREOF, the Operations Advisory Board Members have agreed to endorse the operational structure represented in this MOU dated as of .L , 2009, subject to all rights and obligations of a Party as set forth in the MOU. TIOundersigned represents that he or she is duly authorized to sign this MOU on behalf of the organization represented. San Diego County Sheriff By:. William B. Kolender ty of San Dieghi' o ' •lice William Mdowne City of S9iybiego Fire Cjf San Diego Co P. ice Chiefs and Sheriff's Association By: G - 2 -d7 Date C__0I1 A.5 Date Date ..!_� 7 as oll D San Di ounty Fire Chiefs Ass .ci. •n By: David Ott San Diego County U ce of lime gency Services By: /J— Ron Lane San Diego F. District Coordinator By: August hio 12 Date Date Date ADDENDUM A ADMISSION AGREEMENT for a Party to the MEMORANDUM OF UNDERSTANDING FOR THE SAN DIEGO REGIONAL INTEROPERABLE COMMAND & CONTROL COMMUNICATIONS (3Cs) PROGRAM The City of National City hereby agrees to become a Party to that certain Memorandum of Understanding for the San Diego Regional Interoperable Command & Control Communications (3Cs) Program dated as of July 1, 2009 (the "MOU"), subject to all rights and obligations of a Party as set forth in the MOU. The undersigned represents that he or she is duly authorized to execute this Admission Agreement on behalf of the City of National City. By: Ron Morrison Title: Mayor Date: 13 EXHIBIT A BUSINESS PLAN FOR THE SAN DIEGO REGIONAL COMMAND AND CONTROL COMMUNICATIONS (3Cs) PROGRAM FY2010 — July 1, 2009 through June 30, 2010 Statement of Purpose The purpose of this business plan is to establish a program sponsored by both the City of San Diego and the San Diego County Sheriff's Department as the region's primary stakeholders in public safety communications. The primary business driver for the plan is to ensure the data network provides value to the region's public safety community and is cost effective to operate and maintain. Program Objective Establish a business process to add customers on the network, bill for services, collect revenue, manage staff, and pay operational expenses in a manner that is cost effective to the City of San Diego and San Diego County Sheriff's Department. In doing so, the network must also meet the requirements of the public safety community to securely transfer data between agencies for the purpose of encouraging inter -agency collaboration. History of 3Cs The Regional Command and Control Communications (3Cs) kicked off as a grant funded project in 2005 to build a high -capacity data network over microwave for public safety use. The project was divided into multiple phases and funded by a variety of grant funds. Table 1 describes the project phases Table 1: Pro'ect Phases Phase : Tinieframc Phase Goal 2 December 2005 — March 2007 May 2007 — Apri12008 1 • Pilot Phase — Proof of concept. Initial build out of the. network to City and County sites. • Infrastructure to key mountaintop sites, across San Diego County and out to Imperial County. • Add additional network sites to implement path looping for additional redundancy on the network: • Add up to 10 public safety agencies to the network. • Add 5 additional video downlink sites. • Begin transition to MPLS networking standard for transport of secure data. 3 July 2008 — June 2010 • Add up to 30 public safety agencies to the network within San Diego County. • Improve coverage of helicopter downlink in the north and eastem sections of the county. • Implement MPLS standard • Begin utilizing the network for data applications, in addition to incident based video applications. • Implement a network operations center 4 TBD • This phase is currently unfunded. • Continue to add additional sites to the network as requested by the public safety community. • Continue to add additional functionality to the network. The network is built to the highest level of public safety standards with redundant power and network paths to achieve a higher level of operational availability than other local data networks typically provide. Concept of Operations The Regional 3Cs Program is in the process of building a public safety intranet utilizing primarily microwave technology to transport data between public safety agencies at all levels of government operating in San Diego and neighboring counties. In addition to supporting inter- agency collaboration for large scale incidents as stipulated in the grant awards, the program will provide a means to transport data for day-to-day operations. By offering data services on the network, 3Cs will be able to generate revenue to off set support costs. Revenue will be generated to support not only labor, but maintenance, and operational costs by leasing network capacity to participating public safety agencies and by charging line fees for participants utilizing the network for emergency management. Billing for network access and usage will be implemented beginning July 2009. As sponsoring agencies of both the Regional 3Cs project and program, the City and County of San Diego will defer line fee and data transfer expenses by providing services for the project in kind. In order to support a network of this size, dedicated staff is required. Staffing will be phased into the program across multiple years, with full staffing anticipated by the completion of Phase 3. The support model will include staffing for issues between Sam and 4pm Monday through Friday, with holidays and off hours covered with on call staff. 2 Roles and Responsibilities The Regional 3Cs Program was initially developed as a joint effort between the City of San Diego and the San Diego County Sheriff's Department. Empowered by a Memorandum of Understanding (MOU) between .the two agencies, a multi -tiered governance structure was implemented to manage new construction. The City is responsible for the following project and programrelated tasks: • Grant applications • Grants administration • Procurement • Asset management • Program Management • Contracting and Billing for 3Cs Customers • Radio Frequency (RF) Network Architecture Design • Maintenance of the RF Network at assigned sites • Hire and oversee contracted IP network and help desk support The Sheriff's Department is responsible for the following tasks: • RF Network Architecture Design • Manage Installations • Maintenance of the RF network at assigned sites • Oversee IP network architecture Key Assumptions A number of programmatic, technology and cost assumptions have been made for the purposes of conducting this analysis. The assumptions most critical to the overall business case analysis are presented below: • The intended goal of this program is to institute total cost recovery of the operational costs of the system. Not all recovery will be in the form of revenue. The City and County will be allocated part of the total network bandwidth, one third each (approximately 50Mb), in lieu of reimbursements for costs as outlined in the MOU. • The City and County of San Diego will continue towork together to sponsor the 3Cs data network through the completion of Phase 3 of the project. • 3Cs shall support. emergency management efforts as required by the grant programs that funded the initial phases of the program. • Grantfunds cannot be utilized to support on -going costs, therefore a sustainment plan must be implemented. Sustainment is defined as supporting the system through the defined life span, and not full system replacement in perpetuity. • Life span of the system is set for 10 years beginning July 2008 and ending June 30, 2018. No replacement costs for equipment beyond break fix are included in the cost estimates. • All costs and revenue utilized in determining the business plan are estimated. • Costs and revenue will be recalculated annually. 3 Key Risks Lack of Awareness: High level executives and political officials may not be aware of the potential uses of the 3Cs network. This risk can be mitigated through a continued effort to educate the public safety community on 3Cs, including speaking at regional meetings and contacting perspective agencies directly. Lack of Clearly Defined Ownership, Support, and Sustainment: The original August 2004 agreement entitled, in pertinent part, "Memorandum of Understanding Under The Office of Community Oriented Policing Interoperable Communications Grant Program..." between the City and County of San Diego is replaced and superseded by the new "Memorandum of Understanding For The Regional Command & Control Communications (3Cs) Program" ("3Cs MOU") to which this Business Plan is attached. The 3Cs MOU is intended to support the addition of new members of the network. Key issues addressed in the 3Cs MOU include establishment of roles and responsibilities, ownership of maintenance of equipment, support levels, establishment of cost recovery mechanism, and regional representation. Lack of an Identified Revenue Source to Replace the System Once it Reaches End of Life: This business plan does not provide a plan to systematically replace equipment that has reached its end of life. After careful analysis, the Steering Committee determined that to budget for systematic equipment replacement would cause an increase in fees that would be cost prohibitive for most public safety agencies in the county. This risk can be mitigated by continuing to research and plan for a transition from the 3Cs network to new technologies by 2018. Also, replacement costs can be incorporated into future operating budgets if the users of the system determine that the network has become a core competency and they require it to be maintained past 2018. Technical Risk: The use of IP over microwave for high bandwidth capacity networks is relatively new. In transitioning to daily data transport, it is important that the network be well designed to support mixed usage and secure enough to qualify to transport law enforcement sensitive information. Customer Resistance: Customer across the region may be unwillingor slow to commit to the project, especially due to financial constraints. Cost Recovery Plan A program of this scale requires a variety of expenses to keep it operational. In developing the cost recovery plan, the goal was to identify all real costs which will be incurred by either the City of San Diego or the Sheriff's Department. Costs included labor (salaries and benefits), equipment maintenance and support contracts, lease costs for site space, cost to power the equipment, and vehicle costs associated with site visits for maintenance and troubleshooting of the system. Because the plan assumes a 10-year lifespan without equipment replacement, hardware and software maintenance costs are included in the cost estimates. Microwave equipment purchased through Harris Stratex will be repaired utilizing a Time and Materials contract instead of a maintenance agreement. To mitigate the risk of unforeseen equipment failure, the program is 4 stocked with spare equipment. Table 2 summarizes the expected costs to run the program. Table 2: Ex .ected Annual Costs Costs Cost Unit Extended Cost Operational Expenses - Labor (Loaded Value) City Program Manager (City - 3/ FTE). $179,830 .75 $134,873 City RF Tech (City - 1 FTE) $127,106 1 $127,106 City RF Engineer (City — % FTE) $163,573 .50 $81,787 SDSD RF Tech (Sheriff— 1.5 FTE) $129,051 1 $193,576 SR IT Engineer/Network Manger $73,908 SDSD (Sheriff —'/2 FTE) $147,816 .50 Total Labor $611,250 Operational Expenses - Non -Labor Agency Expenses SDSD Lease Costs (ISP and ISDN) $7,550 SDSD Lease Costs (Woodson) $24,000 SDSD Lease Costs (Red Mountain) $1,000 City Site Electrical Costs (City Comm - 9 sites) 328 13 $4,264 SDSD Site Electrical Costs (SDSD WSD - 31 sites) 328 37 $12,136 City Vehicle and Travel Costs (City Comm - 1 vehicle) 3537 1 $3,537 SDSD Vehicle and Travel Costs (SDSD WSD - 2 vehicles) 3537 2 $7,074 Total Agency Expenses $59,561 Operational Expenses - Equipment Maintenance SDSD Infrastructure Maintenance (Time and Materials) $50,000 City Cisco Maintenance $143,994 $32,962 Shared Tandberg Infrastructure Equipment Shared Vbrick Infrastructure Equipment $20,685 Total Maintenance $247,641 GRAND TOTAL COST $918,452 5 Table 3 shows the forecasted revenue that will be generated by the program. The revenue is divided into two sections: Hard Benefits and Operating Efficiencies. Hard Benefits are income expected to be collected by the participating agencies through the billing for emergency management line fees and by leasing space on the network for data transport. As noted in the proposed Memorandum of Understanding for 3Cs, the City and County will receive network service in lieu of fee payment in order to partially compensate them for anticipated operating losses. That service in lieu of reimbursement for costs incurred will be provided in part through exclusive use allotments for proprietary needs. Operating efficiencies itemize the value of the network allotment for the City of San Diego and County of San Diego. Operating efficiencies are defined as benefits the City and County receive from the network, including data transport capacity and emergency management services, in return for operating costs incurred by the City and County to support the system. c Table 3: Forecasted Annua Revenue' ate ided Revenue Price Unit ,Value Hard Benefits - Revenue Generati ng Proposed Line Fee (Emergency Management) @ 20 mb = $3,000 Phase 2 Line Fees $3,000 7 $21,000 Phase 3 Line Fees $3,000 23 $69,000 Total EM Line Fee Revenue $90,000 Data Transport Revenue (P2P mb) Data Transport Revenue (MP mb) 3- 5 sites $3,000 $5,000 30 10 $90,000 $50,000 Data Transport Revenue (MP mb) 6-10 sites $9,000 10 $90,000 Data Transport Revenue (MP mb) 10 + sites $15,000 5 $75,000 Total Data Transport Revenue $305,000 TOTAL REVENUE $395,000 Operating Efficiencies - Benefits to City and County Data Transport County (MP mb) Data Transport City (MP mb) EM Sites County (EOC, DOC, Ridgehaven, ASTREA, MOC, HazMat) EM Sites City (CAB, COB, PDHQ, FCC, ABLE, Convention) TOTAL DEFERRED REVENUE $5,000.00 $5,000.00 $3,000.00 $3,000.00 50 50 6 6 $250,000 $250,000 $18,000 $18;000 $536,000 GRAND TOTAL REVENUE $931,000 Revenue and rates were calculated using the following formulas: Total Income Required to Recover Projected Costs = (Projected Non -labor agency expenses + Equipment maintenance expenses) — (Cash Reserves from the previous year) Data Transport Revenue= $3000 x projected capacity available for sale (P2P mb) + $5000 x projected opacity available for sale (P2MP 3-5 sites) + $9000 x projected capacity available for sale P2MP 6010 sites) + $15000 x projected capacity available for sale P2MP 10+ sites) Emergency Management Line Fee = (Total Income Required — Data Transport Revenue)/ Number of Parties — (City and County) 7 Utilizing the data from Tables 2 and 3, Table 4 calculates the return on investment (ROI) annually for the program. As stated in the assumptions section of this document, the intended goal of the program was total cost recovery, which equates to an ROI of zero. Table 4: Potential Annual Return on Investment Calculation `Summary and ROI Calculation'. Total Costs $918,452 Total Revenue (and Offsets) $931,000 Percentage Recovered 104.5% Difference 12,548 Cash Reserve 12,548 Return on Investment 0.0 The Return on Investment (ROI) analysis shows the 3Cs Program capable of recovering all costs, considering the forecasted costs and revenue once Phase 3 of the project is completed. Based on the data from Tables 2-4, the estimated costs for labor approximate the operating efficiencies (within 1%) received by the City and County of San Diego. Therefore, the City and County may achieve full recovery of costs associated with managing and supporting the 3Cs system through the estimated value gained utilizing their dedicated bandwidth on the network. All other costs will be recovered through billing payments by participating agencies outside of the City and County. 8 EXHIBIT B Project Costs As a participant of the 3Cs Program, equipment will be purchased on behalf of your agency. The City, its employees, agents, contractors and/or subcontractors shall install all equipment for the 3Cs Program, as specified in the site specific work order to be provided by the City, subject to the terms and conditions set forth in this MOU. Because 3Cs is funded through grants, it is important that each agency understand the limitations of the grant, and what items will need to be budgeted and procured by the individual participating agency. Initial Costs What the 3Cs project budget will pay for: 1. All costs associated with the design and installation of the 3Cs network 2. All costs for installation of network equipment such as routers and switches 3. Purchasing costs for video conferencing equipment 4. Purchasing costs for video streaming devices Responsibility of the participating agency: 1. Costs associated with installing power or network jacks in order to run 3Cs equipment 2. Cabling to individual LAN jacks from the router On Going Maintenance The 3Cs Program Manager anticipates implementing the business plan outlined in Exhibit "A", including the charging of line fees and leasing spare capacity on the network. These costs could potentially be offset by participating agencies who currently Iease T1 lines to access public safety applications or share data between regional partners. The end result could be a cost savings to the participating agency. It will be the individual agency's responsibility to maintain through a maintenance contract all non -microwave equipment installed at their location, including video conferencing equipment and video streaming equipment once the one year warranty period has expired. Agencies may purchase maintenance agreements through a 3Cs vendor or their own vendor(s). 1 RESOLUTION NO. 2009 — 147 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE CITY OF NATIONAL CITY REGARDING THE FISCAL YEAR 2008 URBAN AREA SECURITY INITIATIVE GRANT PROGRAM WHEREAS, the Urban Area Security Initiative ("UASI") grant program provides funding for equipment needed to respond to natural disasters or weapons of mass destruction terrorism incidents that may occur in the San Diego urban area; and WHEREAS, the City of National City is required to execute a Memorandum of Understanding with the City of San Diego Office of Homeland Security that documents the roles, responsibilities, and expectations at the local, State, and federal levels, and ensures that the City of National City, as a participant in the program, agrees to meet the State and federal requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Memorandum of Understanding with the Cty of SaDiego and Security ng an Area y iaive grantlfunding.nOffice of Said Memorandum of IUnderstanding saodn' file intheoffice of the tCity tClterk. PASSED and ADOPTED this 16th day of June, 2009 Ton Morrison, Mayor ATTEST: Mi hael R. Dail City Clerk APPROVED AS TO FORM: George H. iser, City Attorney Passed and adopted by the Council of the City of National City, California, on June 16, 2009 by the following vote, to -wit; Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON. Mayor of the City of National City, California IVIICHAEL R. DALLA City Clerk of the. City of National City, California By: Deputy 1 HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-147 of the City of National City, California, passed and adopted by the Council of said City on June 16, 2009. City ,l_prk of the City of ational City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 16, 2009 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE CITY OF NATIONAL CITY REGARDING THE FY08 URBAN AREA SECURITY INITIATIVE (UASI) GRANT FUNDING PREPARED BY Walter Amedee DEPARTMENT Fire Homeland Security Manager EXPLANATION This agreement documents roles, responsibilities, and expectations at the local, state, and federal levels and ensures that the City of National City, as a participant in the program, agrees to meet state and federal requirements. The UASI grant provides funding for equipment and training needed to respond to natural or man-made disasters or terrorism incidents that may occur in the San Diego urban area. Environmental Review Financial Statement No impact. NIA Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends authorizing the Mayor to execute the Memorandum of Understanding (MOU) between the City of San Diego Office of Homeland Security and the City of National City regarding the FY08 Urban Area Security Initiative (UASI) grant funding. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1. MOU between the City of San Diego Office of Homeland Security and the City of National City 2. Resolution A-200 (9/99) MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE CITY OF NATIONAL CITY REGARDING FY08 URBAN AREA SECURITY INITIATIVE (UASI) GRANT FUNDING THIS MEMORANDUM OF UNDERSTANDING (MOU) is effective June 16, 2009, between THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY • (the "City") and THE CITY OF NATIONAL CITY (the "Participating Agency") under the following terms and conditions: The Participating Agency agrees to comply with the Grant Assurances for Urban Area Security Initiative (Attachment A). 2. The Participating Agency agrees to submit a Reimbursement Request Form (Attachment B) by the 10°i day of each month to request reimbursement for costs incurred in accordance with the UASI grant program guidelines. 3. The Participating Agency agrees to submit at the time of signing of this MOU, and on October 1 of each year thereafter, a verified confirmation of its public safety personnel by category and within the definitions provided in item 3.1 below for each of those categories (Attachment C). Public safety personnel shall only be counted in one category and one job classification even if they have multiple disciplines, such as Fire Fighter and Paramedic. The required listing of public safety personnel shall be by job classification from personnel, .payroll and/or budgetary records by category in the format below. 3.1 Public safety personnel categories and definitions shall be as follows (civilian personnel shall not be counted): Fire Services (FS) - Personnel at the urban area jurisdiction level who are in personnel classifications which provide services as first responders and meet the Hazmat First Responder Operations level requirements of the Code of Federal Regulations (CFR) 291910.120 Section Q and Title 8 California Code of Regulations (CCR) Section 5192. Law Enforcement (LE) — Personnel, in accordance with the provisions of California Penal Code Sections 830-832.16, who work for agencies at the local and municipal level with responsibility as sworn law enforcement officers. Emergency Medical Services (EMS) — Personnel and contractors who, on a full-time or part-time basis serve as first responders, Emergency Medical Technician (EMT) I, II or Paramedic on ground -based and aero- medical services to provide pre -hospital care, through ambulance service, rescue squad, or medical engine company. Personnel must meet the requirements set forth in the California Code of Regulations Title 22. 1 Memorandum of Understanding - Urban Area Security Initiative Grant Funding Social Security, Division 9. Pre -hospital Emergency Medical Services Chapter 2, 3 or 4. HazMat (HZ) — Personnel, full-time or part-time, who identify, characterize, or provide risk assessment, and mitigate/control the release of a hazardous substance or potentially hazardous substance as Hazardous Materials Specialists or Technicians and members of the Hazardous Incident Response Team. 4. The Participating Agency agrees to maintain all documentation supporting all expenditures reimbursed from grant funds, and ensure all expenditures are allowable under grant requirements. Recipients that expend $500,000 or more of federal funds during their respective fiscal year agree to submit an organization - wide financial and compliance audit report. The audit shall he performed in accordance with the U. S. General Accounting Office Govermnent Auditing Standards and OMB Circular A-133 (Federal Grantor Agency: U. S. Department of Homeland Security; Pass -Through Agency: Office of Homeland Security; Program Title: Public Assistance Grants; Federal CFDA Number: 97.008). The records shall be maintained and retained in accordance with UASI grant requirements and shall be available for audit and inspection by the City and designated grant agent personnel. 5. The Participating Agency agrees that all its expenditures shall be in accordance with the pre -approved expenditure details as submitted to the City and approved by the State of California Office of Homeland Security (CA -OHS) and the U.S. Department of Homeland Security Office of Domestic Preparedness (ODP). Any deviations from the pre -approved list shall be submitted to the City for approval before making such expenditures. 6. The Participating Agency agrees to defend, indemnify, and hold harmless the City, its agents, officers, and employees, from and against all liability arising out of the Participating Agency's acts or omissions under this MOU. 7. The City agrees to defend, indemnify, and hold harmless the Participating Agency, its agents, officers, and employees, from and against all liability arising out of the City's acts or omissions under this MOU. 2 Memorandum of Understanding - Urban Area Security Initiative Grant Funding IN WITNESS WHEREOF, this Memorandum of Understanding is entered into by the City of San Diego Office of Homeland Security and the City of National City, by and through their authorized representatives. CITY OF SAN DIEGO By: Title: CITY NATIONAL CITY y: Ron Morrisonson Title: Mayor I HEREBY APPROVE the form and legality of the foregoing Memorandum of Understanding this 16th day of June, 2009. JAN GOLDSMITH, City Attorney By: APPROVED AS TO FORM George H. i leer, in City Attorney Deputy City Attorney ATTACHMENT A Office of Homeland Security PTO? Grant Assurances (All IISOP Applicants) Name of Applicant: City of National City Address: 1200 National City Blvd. National City CA 91950 City: State: Zip Code: Telephone Number: (619) 336-4556 Fax Number: (619) 336-4454 E-Mail Address: WAmedee@nationalcityca.gov As the duly authorized representative of the applicant, I certify that the applicant named above: 1. Has the legal authority to accept federal assistance, and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the grant provided by the federal Department of Homeland Security and sub -granted through the State of California, Governor's Office of Homeland Security (OHS). 2. Will assure that grant funds are only used for allowable, fair, and reasonable costs and is prohibited from transferring funds between programs (State Homeland Scattily Program, Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System). 3. Will give the federal govermnent, 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, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or awarding agency directives. 4. 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. 5. Will provide progress reports and such other information as may be required by the awarding agency as requested. 6. Will initiate and complete the work within the applicable time frame after receipt of approval from OHS. 7. Will comply with FF,MA's codified regulation 44 Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, including part 13.1 regarding the payment of interest earned on advances. Page 1 Initials ATTACHMENT A 8. 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. 9. Agrees that to the extent contractors or subcontractors are utilized, grantees and subgrantees shall use small, minority, women -owned, or disadvantaged business concerns and contractors or subcontractors to the extent practicable. 10. Will comply with 2 CFR 215.25, and will notify OHS of any developments that havea significant impact on award -supported activities, including changes to key program staff. 1 I. 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 conshuction or rehabilitation of residence structures. 12. Understands and agrees 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 FEMA. 13. 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. §§ I681-1683 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 28, Code of Federal Regulations, Part 42, Subparts C, D, E and G. j. Title 28, CFR, Part 35. k. Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made, and 1. Title 44 CFR Parts 7, 16, and 19 relating to nondiscrimination. m. The requirements on any other nondiscrimination statute(s) which may apply to the application. n. Will, in the event 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. Page 2 Initials ATTACHMENT A o. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. p. Will comply, and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provision of the cuircnt edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1. 14. Will comply, or has already complied, 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 Code of Federal Regulations, Part 25, Uniform Relocation Assistance and Real Property Acquisition for Federal and federally -assisted programs. 15. 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 $10,000 (ten thousand dollars) or more. 16. Will comply with all applicable Federal, State, and local environmental and historical preservation (EHP) requirements. Failure to meet Federal, State, and local El-IP 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 re-evaluation of compliance with these EHP requirements. 17. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval of FEMA/OHS, including but not limited to communications towers, physical security enhancements, new construction and modifications to buildings that are 50 (fifty) years old or more. Any construction related activities initiated prior to full environmental and historic preservation (EHP) review will result in a non-compliance finding. If ground disturbing activities occur during the project implementation, the recipient must ensure monitoring of the ground disturbance and if any potential archeological resources are discovered, the recipient will immediately cease activity in that area and notify OHS/FEMA and the appropriate State Historic Preservation Office. 18. Will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA) list of Violating Facilities, and will notify OHS and the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 19. Will provide any infomrration requested by FEMA/OHS to insure 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 Page 3 Initials ATTACHMENT A (EO11988), Wetlands (11990) and Environmental Justice (12898) and Environmental Quality (EO11514). b. Title 44 CFR Parts 9 and 10, referencing floodplain management and environmental considerations. c. Notification of violating facilities pursuant to BO 1173.8. d. 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.). e. 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.). f Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523). g. California Environmental Quality Act (CEQA). California Public Resources Code Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3 Section 15000-15007. h. Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 etseq.) related to protecting components or potential components of the national wild and scenic rivers system. i. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibit's the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. j. Will comply with all conditions placed on any project as the result of the EI-1P review; any change to the scope of work of a project will require re -evaluation -of compliance with these EHP requirements. k. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval of FEMA/OHS, including but not limited to communications towers, physical security enhancements, new construction and modifications to buildings that are 50 (fifty) years old or more. 20. 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. 21. 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 front 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 US. 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 fimds provided by the U.S Department of Homeland Security." 22. 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, agree 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. 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. Page 4 Initials — ATTACHMENT A 23. 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). 24. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-7328) which Iimit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 25. 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. 26. 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. 27.. 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. 28. 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. 29. 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 making 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 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. 30. 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 Page 5 Initials ATTACHMENT A 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. 31. Agrees that fluids awarded under this grant will be used to supplement existing funds for program activities, and will not supplant (replace) non-federal funds. 32. Will comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-21, A-87, A102, A-110, A-122, 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. 33. Will comply with provisions of 28 CFR applicable to grants and cooperative agreements, • Including: a. Part 18, Administrative Review Procedures. b. Part 20, Criminal Justice Information Systems. c. Part 22, Confidentiality of Identifiable Research and Statistical Information. d. Part 23, Criminal Intelligence Systems Operating Policies. e. Part 30, Intergovernmental Review of Department of Justice Programs and Activities. f. Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services. g. Part 38, Equal Treatment of Faith -based Organizations. h. Part 63, Floodplain Management and Wetland Protection Procedures. i. Part 42, Nondiscrimination/Equal Employment Opportunities Policies and Procedures. j. Part 61, Procedures for Implementing the National Environmental Policy Act. k. Part 64, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 1. Part 66,Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, m. Part 67, Government -Wide Debarment and Suspension. (Non -Procurement). n. Part 69, New Restrictions on Lobbying. o. Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub -awards) with Institutions of Higher Learning, Hospitals and other Non - Profit Organizations. p. Part 83, Government -Wide Requirements for a Drug Free Workplace (grants). 34. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. 35. 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.. 36. Will maintain procedures to minimize the time elapsing between the award of funds and the disbursement of funds. Page 6 Initials ATTACHMENT A 37. 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 US Department of 1-Iomeland Security (DHS) Financial Management Guide. 38. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2008 Homeland Security Grant Program Guidance and Application Kit, and the California Supplement to the FY 2008 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 Area Homeland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as part of the California FY2008 Homeland Security Grant Program application. Further, use of FY08 funds is limited to those investments included in the California FY08 Investment Justifications submitted to DHS/FBMA.and evaluated through the peer review process. 39. AcknowIedges that FEMA reserves a royalty -free, non exclusive, 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. the recipient agrees to consult with GPD regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 40. Will not make any award or permit 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." 41. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants iu primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 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 er 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 (d) 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 Page 7 Initials _ ATTACHMENT A 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. 42. Agrees to comply with the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 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: (1) The dangers of drug abuse in the workplace. (2) The grantee's policy of maintaining a drug -free workplace. (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) 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). (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no aater 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. (1) 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 Page 8 Initials ATTACHMENT A (2) 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). • 43. 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. 44. Understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds. As the duly authorized representative of the applicant, 1 hereby certify that the applicant will comply with the above certifications. 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: Walter Amedee Printed Name of Authorized Agent: Homeland Security Manager Title: Date: Page 9 Initials Governor's Office of Homeland Security FY08 Urban Area Security Grant Grant: FY05 UASI Grant #2005-0005 FPS M73-6,6000 CFDA eS7.00e Supporting Information for Cash Request Cash Request f:: Requesting reimbursement in the amount of 5---- Under Penalty of Perjury 1 certifiy that: • I am the duty authorized officer of the claimant herein. • This claim is in all respects true,'correct, and all expenditures were made in accordance with applicable laws, rules, regulations and grant conditions and assurances This ch:i,n is irnr, r<rste incurred within the uncut p,rfortnattee nerir,d Printed Name: Phone Number: Title: Email Address: Mailing Address: Fax Number. Signature Date: Mail Reimbursement Requests to: City of San Diego Office of Homeland:Security Grants Management Section • 1250 Bth Avenue, Ste 1000A San Diego, CA 92101 ATTACHMENT B Attachment C CERTIFICATION OF PUBLIC SAFETY PERSONNEL BY CATEGORY FY 08 UASI Date: June 16, 2009 Agency: City of National City Authorized Agent Name: Walter Amedee Authorized Agent Signature: Public safety personnel shall only be counted in one category, as defined in the Memorandum of Understanding between the City of San Diego and the participating agency, and one job classification even if they have multiple disciplines, such as Fire Fighter and Paramedic. The required listing of public safety personnel shall be by job classification from personnel, payroll and/or budgetary records. For classifications not listed, please use the additional lines within each category.' PARAMEDIC 12 TOTAL FIRE FIGHTER 12 19 :t. FIRE ENGINEER 9 FIRE CAPTAIN 9 FIRE BATTALION CHIEF 4 FIRE CHIEF 1 DEPUTY FIRE MARSHAL 1 TOTAL POLICE OFFICER POLICE CORPORAL POLICE SERGEANT 43 50 21 13 POLICE LIEUTENANT 6 ASSISTANT POLICE CHIEF 1 POLICE CHIEF 1 TOTAL 92 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: 06-01-2010 AGENDA ITEM NO. n _ _;M TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with CDWG Inc. in the amount of $89,344.20 to install and configure network storage infrastructure. PREPARED BY: Ron Williams DEPARTMENT: CMO PHONE: 619-336-4373 APPROVED BY: EXPLANATION: The network storage infrastructure is the platform responsible for storage of National City data(financials, email, city clerk records, permits, contracts, Network Drives(G,H,I) etc...). The current system is approaching its maximum storage capacity which will require replacement. Complexity of the current system requires outside assistance whenever technical issues arise. The proposed system would enable in-house technical support and administration through the implementation of mainstream information technology storage protocols. It is requested that Council waive the formal bidding requirements as allowed in Section 12 of Purchasing Ordinance #1480, and in Chapter 2.60.220(d) of the Municipal Code, and award the contract to CDWG Inc., for the following reasons: CDWG INC. is an authorized vendor under the WSCA/NASPO Master Agreement B27170 City of National City is piggybacking California Participating addendum to WSCA contract B27170. 3. No further purpose would be served by issuing a formal bid s# hi ?oint in the process. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. 630-409-500-598-8002 APPROVED: Funded via IT internal services charges account ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: (tract RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CDWG, INC., IN THE AMOUNT OF $89,344.20 TO DESIGN, INSTALL, AND CONFIGURE A NETWORK STORAGE INFRASTRUCTURE WHEREAS, the network storage infrastructure is the platform responsible for storage of National City computer data; and WHEREAS, the current system is approaching its maximum storage capacity and needs to be replaced; and WHEREAS, the State of California awarded a GSA contact to CDWG, Inc., to install and configure a network storage infrastructure, upon which National City can rely, thereby getting the best purchase price; and WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined to be in substantial compliance with the City's procurement procedures, and the City Council has made such a determination in this case. It is therefore recommended that the purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the determination that the State of California's procurement procedures are in substantial compliance with the City's, and pursuant to Section 2.60.260 of the Municipal Code authorizes the waiver of the bidding process for a network storage infrastructure. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor to execute an agreement with CDWG, Inc., in the amount of $89,344.20 to design, install, and configure a network storage infrastructure. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of June, 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1, 2009 AGENDA ITEM NO. 11 EM TITLE: Resolution of the City Council of the City of National City Authorizing the Mayor to Execute an Amendment to Agreement with Mayer Hoffman McCann, P.C., in the Amount of $62,056 for Independent Auditing Services for Fiscal Year Ending June 30, 2011. (Finance) PREPARED BY: Jeanette Ladrido, CPA DEPARTMENT: PHONE: (619) 336-4331 APPROVED BY: EXPLANATION: The City and the Community Development Commission of the City of National City have been in contract with Mayer Hoffman McCann since Fiscal Year 2004-2005. The audit firm has provided excellent customer service and expertise in the finances of the City and the CDC. With that, staff recommends amending the contract to include the fiscal year ended June 30, 2011. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff recommends to amend the Agreement to include the Fiscal Year Ended June 30, 2011 at a cost of $62,056. Costs will be allocated between the City and the CDC based on the attached Agreement. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Resolution 2. Amendment to Agreement -Exhibit A RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO AGREEMENT WITH MAYER HOFFMAN MCCANN, P.C., IN THE AMOUNT OF $62,056 FOR INDEPENDENT AUDITING SERVICES FOR FISCAL YEAR ENDING JUNE 30, 2011 WHEREAS, on July 1, 2008, the City Council adopted Resolution No. 2008-130 authorizing the Mayor to execute an Agreement with Mayer Hoffman McCann, P.C., for independent auditing services for fiscal year 2007/2008; and WHEREAS, the parties desire to exend the Agreement for a one-year term expiring June 30, 2011, to provide independent auditing services for Fiscal Year 2009/2010, in the amount of $62,056. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Amendment to Agreement with Mayer Hoffman, P.C., to extend the Agreement for a one-year term expiring June 30, 2011, to provide independent auditing services for Fiscal Year 2009/2010, in the amount of $62,056. Said Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of June, 2010. Ron Morrison, Mayor ATTEST: Mike Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Exhibit A MAYER HOFFMAN McCANN P.C. OUR HOURLY RATES AND MAXIMUM FEE TO PERFORM THE 2010 AUDIT ENGAGEMENT The following is a summary of our fixed fee (including out-of-pocket) expense for the audit and related services for the City of National City for the fiscal year ended June 30, 2010. 1. City audit including Word Processing of Comprehensive Annual Financial Report, GANN Limit Review Procedures, and SAS #114 Communication $30,055 2. Financial and Compliance Audit of the CDC including Kimball Towers 14,000 3. Separate HUD Required A-133 Single Audit of Morgan Towers 8,725 4. Citywide A-133 Single Audit of Federal Grants allocable to a. Housing Choice 4,526 b. Other major programs as needed (considers testing of 2 major programs) 3,500 5. REAC electronic Submission to HUD and related attestations 1.250 $62, 056 The fees noted above reflect over a 7% decrease from the 2009 fees that were unchanged from the 2008 audit engagement fees. The hourly rates in effect for services that may be requested outside of the scope of the engagement for the fiscal year ended June 30, 2010 are as follows: Classification Shareholder $225 Engagement Manager 150 Senior Associates 120 Associates 100 The period of performance will be from June 1, 2010 through March 31, 2011. AMENDMENT TO AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND MAYER HOFFMAN MCCANN, P.C. This Amendment to Agreement is entered into this 15t day of June, 2010, by and between the City of National City, a municipal corporation ("the CITY"), and Mayer Hoffman McCann, P.C. (the "CONTRACTOR"). RECITALS A. The CITY and the CONTRACTOR entered into an Agreement on July 1, 2008, ("the Agreement") wherein the CONTRACTOR agreed to provide independent auditing services for Fiscal Year 2007/2008 for $70,756. The parties desire to amend the Agreement to extend the Agreement for a one-year term expiring June 30, 2011, to provide independent auditing services for Fiscal Year 2009/2010, as set forth in the attached Exhibit "A", in the amount of $62,056. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on July 1, 2008, shall be amended to extend the Agreement for a one-year term expiring June 30, 2011 to provide independent auditing services for Fiscal Year 2009/2010, as set forth in the attached Exhibit "A", in the amount of $62,056. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY MAYER HOFFMA MCCANN, P.C. By: By: �2�1 Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiscr, III City Attorney Matthew Lenton Shareholder CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT 1 MEETING DATE: June 1, 2010 AGENDA ITEM NO.12 EM TITLE: Resolution of the City Council of the City of National City ratifying the acceptance of an amendment in the amount of $135,000 for Camp WINGS, increasing the total amount of the WINGS Operating Agreement from $979,698 to $1,114,698 for fiscal year 2009-10. PREPARED BY: M. Duong PHONE: X 5882 EXPLANATION: DEPARTMENT: Lib a APPROVED BY: This amendment calls for the National City Public Library to provide Camp WINGS Summer Program for 14 instructional days, from June 21 to July 9, 2010, at the 10 elementary schools of the National School District, for a total fee of $135,000. FINANCIAL STATEMENT: ACCOUNT NO. 246-0000-3463 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: Approved by the Library Board of Trustees on May 12, 2010. ATTACHMENTS: 1. Amendment CT#2644 to WINGS Operating Agreement 2. Copy of WINGS Operating Agreement CT#1752 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING AN AMENDMENT TO AGREEMENT WITH THE NATIONAL SCHOOL DISTRICT IN THE NOT TO EXCEED AMOUNT OF $135,000 FOR THE NATIONAL CITY PUBLIC LIBRARY TO PROVIDE THE CAMP WINGS SUMMER PROGRAM AT EACH OF THE NATIONAL SCHOOL DISTRICT'S 10 SCHOOLS WHEREAS, in 2009, the National City Public Library ("Library") and the National School District ("District") entered into After -School Education and Safety Program ("ASESP") Operating Agreement Contract No. CT 1752 for the Library to provide an extended school day child care and education program pursuant to the ASESP at all 10 of the District's schools; and WHEREAS, on May 12, 2010, the Library and the District entered into Lecturer/Performer Agreement CT No. 2644 in the not to exceed amount of $135,000 for the Library to provide the Camp WINGS Summer Program for 14 instructional days, 4.5 hours per day at each of the District's 10 schools. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies Lecturer/Performer Agreement CT No. 2644 in the not to exceed amount of $135,000 for the Library to provide the Camp WINGS Summer Program for 14 instructional days, 4.5 hours per day at each of the District's 10 schools. PASSED and ADOPTED this 1st day of June, 2010. ATTEST: Mike Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor National School District Lecturer/Performer Agreement CT#2644 This agreement is hereby entered into this 12th day of May, 2010 , by and between the National School District, 1500 N Avenue, National City, CA 91950, hereinafter referred to as "District," and National City Public Library 95-6000749 1401 National City Blvd. Contractor Taxpayer ID Number Mailing Address National City CA 91950 hereinafter referred to as "Contractor." City State Zip Code 1. Services to be provided by Contractor: Provide the Camp WINGS Summer Program for 14 instructional days, 4.5 hours per day at each of the district's 10 schools. Location 2. Term. Contractor shall provide services under this Agreement June 21, 2010 — July 9, 2010. 3. Compensation. District agrees to pay the Contractor for services satisfactorily rendered pursuant to this Agreement a total fee not to exceed One hundred thirty five thousand Dollars ($135,000). District shall pay Contractor within 15 days of receipt of invoice by Business Services. 4. Expenses. District shall not be liable to Contractor for any costs or expenses paid or incurred by Contractor in performing services for District, except as follows: 5. Contractor agrees that his/her service to the After School Program could be terminated if the class enrollment falls below 15 students. 6. Materials. Contractor shall furnish, at his/her own expense, all labor, materials, equipment, supplies and other items necessary to complete the services to be provided pursuant to this Agreement, except as follows: 7. Hold Harmless. Contract agrees to and does hereby indemnify, hold harmless, and defend the District and its officers, agents and employees from every claim or demand made and every liability, loss, damage or expense, of any nature whatsoever. 6. Insurance. Contractor agrees to carry comprehensive general and automobile liability insurance to protect Contractor and District against liability or claims of liability that may arise out of this Agreement. Contractor shall provide District with certificates of insurance evidencing all coverage and endorsements. Contractor agrees to name District and its officers, agents, and employees as additional insured under said policy. 7. Worker's Compensation Insurance. Contractor agrees to procure and maintain in full force and effect Workers' Compensation Insurance covering its employees and agents while these persons are participating in the activities hereunder. In the event a claim under the provisions of the California Workers' Compensation Act is filed against District by a bona fide employee of Contractor participating under this Agreement, Contractor agrees to defend and hold harmless the District from such claim. 8. Fingerprinting Requirements. Consultant agrees to provide the District with written certification that Consultant has complied with the fingerprinting and criminal background investigation requirements of the California Education Code with respect to all Consultant's employees who may have contact with District students in the course of providing said services, and that the California Department of Justice has determined that none of those employees has been convicted of a felony, as defined in Education Code Section 45122.1 through 45125.5. 9. Employment with Public Agency. Contractor, if an employee of another public agency, agrees that Contractor will not receive salary or remuneration, other than vacation pay, as an employee of another public agency for the actual time in which services are actually being performed pursuant to this Agreement. 10. If employed by another school district in the State of California, please specify: District Name NATIONAL SCHOOL DISTRICT Signature of Authorized Agent Chris Carson Address Typed or Printed Name State Zip CONTRACTOR I Signittare of Authorized gent Minh Duonq Typed Name Acting Asst. Supt., Business Services City Librarian Title Board Approval Date: D� ;9., � h Title (Area Code) Telephone Number Phone 3 06-00-9065-100-0000-1000-5800-100-026 AFTER -SCHOOL EDUCATION AND SAFETY PROGRAM OPERATING AGREEMENT CONTRACT #CT 1752 This AGREEMENT is made by and between National School District, herein called, "District," 1500 "N" Avenue, National City, California 91950, and National City Public Library, herein called "Contractor," 1401 National City Blvd., National City, California 91950 WITNESSETH WHEREAS, National School District has implemented or will be implementing the After -School Education and Safety Program ("ASESP"); and WHEREAS, District desires to engage the National City Public Library, (or Contractor) to provide an extended school day child care and education program pursuant to ASESP at all of its schools; and WHEREAS, Contractor is ready, willing and able to perfonn the services detailed in this Agreement, beginning July 1, 2009, and concluding June 30, 2010. NOW, THEREFORE, District and Contractor mutually agree as follows: I . DEFINITIONS: For the purposes of this Agreement, the following teens shall have the meanings indicated: a) "District" - National School District b) "Contractor" - National City Public Library c) "State" - State -funded After -School Education and Safety Program grant which constitutes the source of funding under this Agreement. 2. SCOPE OF SERVICES: Contractor hereby agrees to perform the services specifically listed below: a) Operation of Program: Operate a school -age child care program pursuant to ASESP ("Program") that provides safe, healthy, recreational, and educational activities at each of the District's schools for children enrolled in the Program. Contractor agrees to commit resources to ensure the delivery of an integrated, age -appropriate child care and education Program. b) Flours of Operation: While District schools arc in regular sessions, the Program shall operate before school (6:30 — 8:00 a.m. or 7:00 — 8:30 a.m. dependent upon the school) and after school dismissal time (beginning around 1:00 to 3:10 p.m., dependent upon the school site), for the remainder of the day until 6:00 p.m., on a Monday through Friday schedule. Daily hours of operation must be posted by Contractor and be visible to the participants and parents of the Program. Operating hours will be monitored by daily sign -in and sign -out sheets and reported monthly to the District and to the State by the Contractor. c) Holidays: The Program will not operate during scheduled school holidays and scheduled vacation periods unless funds are made available, and Contractor agrees through an amendment to this Agreement to perform during such periods. d) Summer Program: District may request that Contractor operate the Camp Wings Summer School Program, subject to District and Contractor mutually agreeing to the Contractor's fee and implementing an amendment to this Agreement. e) Use of Facilities: At each school site, Contractor may use such portions of the school site and school facilities as are agreed upon with the principal of the school. Page 2 of 12 Contractor agrees to keep school sites and school facilities it uses clean and organized, and to cooperate with other groups using the sites and facilities. f) Compliance: If for any reason, the Program is not operating at the times and days agreed upon, the Contractor shall forfeit payment for those times that the Program is not operating and will be subject to terrnination of the Agreement at District's sole option. g) Staffing: Contractor shall provide a coordinator to oversee and coordinate Program activities in cooperation with District staff. Each Program site must be staffed daily, at a minimum, by the required student to staff ratio of one adult to twenty students. Designated coaches and/or site staff must be trained in CPR and First Aid. Training will be provided by National School District. Contractor is encouraged to hire instructional assistants and credentialed teachers from the school site to assist with the Program. Volunteers to assist with tutoring, literacy, and mentoring may be added in addition to paid staff. h) Experience: Site supervisors must have prior supervisory experience. i) Fingerprinting: Contractor agrees to provide District with written certification that Contractor has complied with the fingerprinting and criminal background investigation requirements of the California Education Code with respect to all Contractor's employees and volunteers who may have contact with District students in the course of providing services under the Program. Contractor shall provide written verification stating that none of its employees or volunteers who may have contact with District students has been convicted of a violent or serious felony as defined in the Education Code. Page 3 of 12 j) First Aid/CPR: At all times, there shall be personnel on site trained in First Aid/CPR, safety, and emergency procedures. The leaders must have proof of their First Aid/CPR card at the site. k) Uniform/Dress Code: On -site personnel will be required to have a professional appearance, wearing a name badge and vest which identifies them and the agency for which they work. 1) Supervision: The Contractor is required to have its agency supervisorial management personnel visit each Program site at least once weekly. The District or designee will periodically visit sites unannounced. in) health: Contractor staff and volunteers are required to have a negative tuberculin test or x-ray within the last three (3) years. n) Safety: Safety is a critical clement in the Programs. All safety rules and emergency procedures followed during the school day apply to the Program. o) Emergency Contact Forms: At every site Contractor must have parents fill out emergency contact cards and medical release forms. These forms must be kept on file at the school site by Contractor within easy access. p) Emergency Procedures/Accident Reports: The Contractor will adhere to emergency procedures at each school site. A formal reporting process for all accidents, incidents and complaints must be approved by the District and communicated to and posted for parents. Any serious accident, i.e., injury involving medical attention, must he reported in writing to the school principals and the Contractor's corporate office. A written accident or incident report must be sent within three (3) days. All minor Page 4 of 12 accidents or injuries are reported on an "Ouch Slip," with copies provided to the District, school site, and parent/guardian. q) School Relations: Developing a close relationship with school staff is critical to the success of the Program. Contractor will communicate regularly with school staff to ensure school staff is fully aware of Program activities. r) Collaboration: Contractor will collaborate with other appropriate persons and entities to provide an effective, meaningful Program in the National School District. Such collaboration shall include, but not be limited to, the National City Public Library, parents and local community partners. Contractor will promote cooperation and coordination among and between school sites and all personnel involved in Program activities. s) Amendment: Any modification of the type or quantity of services, or the fees for the services to be provided by Contractor, shall require a mutually agreeable amendment to this Agreement. 3. DISTRICT RESPONSIBILITIES: In connection with this Agreement District shall perform the following activities: a) Facilitate communication of the Program mission, goals and objectives to all participating school sites, and in particular to principals, teachers, other school staff, parent -teacher organizations, school site councils and parents. b) Promote cooperation and coordination among and between school sites and all personnel involved in Program activities. c) Designate a staff liaison as a key contact for Contractor. Page 5 of 12 d) Coordinate the daily delivery of snacks for participating children through Child Nutrition Services. e) Negotiate and implement contracts for karate, dance and music coaches. 4. PERIOD OF PERFORMANCE: The services to be performed by Contractor, as set forth herein, shall commence on July 1, 2009, and end on June 30, 2010, unless terminated sooner in accordance with the provisions of this Agreement. This Agreement will automatically renew each year for an additional 12-month period contingent on the Parties mutual agreement to any adjustment in fees due to increased or decreased operating costs. At any time either Party may choose to terminate the contract by providing thirty (30) days written notice prior to the end of the term. 5. FEE: The District shall pay to the Contractor as full consideration for the faithful performance of the contract, subject to any additions or deductions as provided in the contract documents, and including any applicable sales, use of other taxes or costs, the sum of ($979,698), Nine Hundred Seventy Nine Thousand Six Hundred Ninety Eight Dollars and No Cents. 6. EXPENDITURES: The Contractor will be required to provide substantiation for all expenditures claimed for reimbursement in the form of receipts and invoices. Contractor is allowed to charge a 5% administrative markup over claimed expenditures. 7. METHOD OF PAYMENT: Contractor shall be reimbursed for eligible expenditures within thirty days of receipt of invoices at the end of each quarter. Invoices shall be submitted for the quarters ending on September 30, 2009, December 31, 2009, March 31, 2010, and the last day of the school year. In order to receive reimbursement for expenditures, quarterly invoices must be accompanied by written documentation substantiating claimed Page 6 of 12 expenditures. The final payment to Contractor shall be withheld until the final invoice with substantiating documentation has been received by the District. 8. STATE REQUIREMENTS: Contractor shall comply with all requirements set forth by the State Department of Education, After -School Education and Safety Program grant. This will include, but not be limited to, program reporting requirements, contract compliance, allowable expenses, fiscal reporting and program evaluations. 9. AUDITS: District will conduct an audit review of Contractor's Program annually during the term of this Agreement. Additionally, Contractor's Program may be audited by District at any time within three (3) years following termination of this Agreement. If Contractor is subject to audits from a source or sources other than the District, Contractor shall provide a copy of the audit to the District within thirty (30) days of completion of the audit. 10. DISCONTINUANCE OF PROGRAM: The District reserves the right to discontinue the Program at its sole discretion, for reasons including, but not limited to the following: regular low attendance (25 students or less), poor program quality, or at the request of the school principal. In such cases, a 30-day written notice will be provided to the Contractor. 11. RECORDS: Contractor shall maintain detailed administrative and fiscal records as required - by the District in writing during the term of this Agreement. Contractor shall allow National School District authorized agents to inspect its premises, books, accounting documents, payrolls, and other Program records for the purpose of auditing, monitoring, or evaluating the Program. Contractor shall store such records and documents for a period of three (3) years after submission of the final expenditure report, or until all audit findings have been resolved, whichever is longer. During this period, the District or its authorized agents, shall have access to such records and documents at any time. After the three (3) years storage period Page 7 of 12 has expired or all audit findings have been resolved, Contractor shall in either case, notify the District of its intent to dispose of Program records before any action is taken. 12. INTEGRATED AGREEMENT: This Agreement and the exhibits and references incorporated herein fully express all understandings of the Parties concerning the matters covered herein, and supersede any prior agreements, negotiations, and communications, oral or written, between the parties. No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees, shall be valid unless it is made in the form of a written change or amendment to this Agreement, is signed by all Parties, and is executed in accordance with procedures described herein. 13. EQUAL OPPORTUNITY PROGRAM REQUIREMENTS a) Equal Employment Opportunity: Contractor hereby agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, Executive Orders 11246, 11375, and 12086; the California Fair Employment Practices Act, and any other applicable Federal and State laws and regulations hereafter enacted. Contractor will not discriminate against any employee or applicant for employment on any basis prohibited by law. Upon request by District, Contractor agrees to submit a current Workforce Report or an Equal Employ- ment Opportunity Plan. Contractor understands that failure to comply with the above requirements and/or submitting false information in response to these requirements, may result in termination of this Agreement. b) Nondiscrimination: Contractor agrees not to discriminate in any manner against any person or persons on account of race,,color, religion, gender, sexual orientation, medical status, national origin, age, marital status, or disability in Contractor's performance of Page 8 of 12 this Agreement, including, but not limited to, the providing of services, privileges, facilities, advantages, and accommodations. c) Equal Contracting Opportunity: Contractors shall ensure that any subcontractors comply with these provisions. Nothing in this section shall be interpreted to hold a prime contractor liable for any discriminatory practice of its subcontractors. 14. INDEPENDENT CONTRACTOR: Contractor is an independent Contractor hereunder, and nothing contained herein shall be construed as creating a relationship of employer and employee between the Parties. Contractor shall notify all prospective subcontractors of its independent status hereunder. 15. ASSIGNABILITY: Contractor shall not assign or subcontract any of the work or services to be performed under this Agreement, or expend any funds for such purpose without prior written approval of the District. Contractor shall provide the District copies of all subcontracts entered into under the terms of this Agreement. 16. HOLD HARMLESS: Contractor agrees to defend, indemnify, protect and hold the District and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Contractor's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that Contractor's duty to indemnify and hold harmless, shall not include any claims or liability arising from the established sole negligence or willful misconduct of the District, its agents, officers or employees. Page 9 of 12 17. INSURANCE: Contractor shall obtain and keep in force during the period of this Agreement, a policy of comprehensive public liability insurance or lawful self -insured status, which insures Contractor against any and all claims of liability, including accident, injury or death arising from the provision of Program services, or from the ownership, use, operation, maintenance, or administration of School District premises and all areas appurtenant thereto. Such insurance or self-insurance shall be in an amount of not less than ONE MILLION DOLLARS (S1,000,000) for any injury or death of, any person or persons in any accident or occurrence, and shall name District as an additional insured. 18. WORKERS' COMPENSATION: Contractor agrees to procure and maintain in full force and effect Workers' Compensation Insurance covering its employees and agents while these persons are participating in the activities hereunder_ In the event a claim under the provisions of the California Workers' Compensation Act is filed against District by a bona fide employee of Contractor participating under this Agreement, Contractor agrees to defend and indemnify the District from such claim. Contractor may comply with the provisions of this Section 18 by maintaining its lawful self -insured status during the terms of this Agreement_ 19. DRUG -FREE WORKPLACE: Contractor shall publish a statement, notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the work place, and specifying the actions that will be taken against employees for violations of the prohibition. Contractor shall establish a drug -free awareness program to inform employees about all of the following: a) The dangers of drug abuse in the workplace b) The organization's policy of maintaining a drug -free workplace Page 10 of 12 c) Any available drug counseling, rehabilitation, and employee assistance program d) The penalties that may be imposed upon employees for drug abuse violations Contractor shall post the drug -free policy in a prominent place. Contractor shall include language in each subcontract executed in connection with this Agreement which indicates the subcontractor's agreement to abide by provisions of the drug -free workplace program. Contractor and subcontractors shall be individually responsible for their own drug -free workplace program. 20. TERMINATION OF AGREEMENT: District or Contractor may terminate this Agree- ment by giving written notice to the other Party thirty (30) days prior to the effective date of termination. District may terminate this Agreement at any time if Contractor fails to meet or fulfill its obligations hereunder. In the event of termination by either Party, District's liability shall be limited to reimbursement for the eligible monthly expenditures for work or services performed, plus administrative markup, up to the date of termination. 21. EVALUATIONS: The effectiveness and success of each program will he measured by overall compliance with Agreement terms, daily attendance, variety and interest of program content, and satisfaction of participants, parents and school administrators. A desired outcome will be improved test scores and increased daily school attendance as measured by the District. Additional evaluations may be required by the State as terms of the grant requirement. Contractor agrees to cooperate and comply with all evaluations of the Program. 22. JOINT ADVISORY PANEL: The Parties agree that a joint advisory panel composed of the Literacy Coordinator and WINGS Coordinator from the National City Public Library, and the Assistant Superintendent for Educational Services and the Extended Learning Page 11 of 12 Opportunities Coordinator from the National School District, shall provide advise with respect to the Program provided for by this Agreement. NATIONAL ''CITY PUBLIC LIBRARY ( Signati-re v ' Signature �—� Minh Duong C' / - h !' � S Orr rrt Print Name City Librarian Title Date Print Name r Titles `Oa NATIONAL SCHOOL DISTRICT Governing Board Approval Date Page 12 of 12 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1, 2010 AGENDA ITEM NO. 13 EM TITLE: Warrant Register #44 for the period of 04/28/10 through 05/04/10 in the amount of $2,447,015.70 PREPARED BY: D. Gallegos DEPARTMENT: PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 04/28/10 through 05/04/10 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Koch Armstrong 236107 139,257.35 Marina Gateway Streetscape Public Emp Ret Sys 236131 281,949.04 PPE 04/19/10 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $2,447,015.70 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: rant Register #44 CALIFORNIA +- 1/3 PAYEE NC LIVING HISTORY FARM PRESERV WADE & ASSOCIATES DIXIELINE BUILDERS MORRISON BOARD OF EQUALIZATION DAVID REED LANDSCAPE ARCHITECT DESROCHERS HUSK PARTNERS ICF JONES & STOKES JOBS AVAILABLE INC MOORE IACOFANO GOLTSMAN INC NAN MCKAY AND ASSOC INC PACIFIC BUSINESS CAPITAL CORP SDG&E STAPLES ADVANTAGE AAIR PURIFICATION SYSTEMS ACEDO \LLEN AMEDEE AMERICAN COUNCIL ON EXERCISE AMERICAN ROTARY BROOM AT&T MOBILITY AT&T/MCI AT&T/MCI AUSTIN DOORS BOYD BRENNTAG PACIFIC INC BUSTAMANTE & ASSOC C W REED JR CALIFORNIA UNIFORMS, INC. CEB CEB CHRISTMAS IN JULY CHRISTMAS IN JULY CLAIMS MANAGEMENT ASSOCIATES CONDON COPIACO COX COMMUNICATIONS DATA TICKET INC DAY WIRELESS SYSTEMS (20) DEFRATIS )ELA CUADRA DELL MARKETING CORP DEPARTMENT OF JUSTICE DICERCHIO DOUCETTE DREDGE EWERT, PHILLIP N try 'I � C INCORPORATED WARRANT REGISTER # 44 5/4/2010 DESCRIPTION REIMB-STEIN FAM FARM ADA COMPLIANT PROVIDE ON CALL PROFESSIONAL CASA FAMILIAR RENTAL REHAB PROJECT CERTIFICATE/PROCLAMATION FRAMES SALES TAX LIABILITY FOR JAN-MAR 2010 CHANGE ORDER TO DESIGN SERVICES RETIREMENT BENEFIT - MAY 2010 CONSULTING SVCS- APR 2010 DRAFT EIR JOB POSTING PUBLICATION LAS PALMAS PARK & FACIL PLAN HOUSING REGULATIONS - S8 EQUIPMENT RENTAL (POWER POLES) UTILITIES 03/19/10 - 04/19/10 MOP 45704 OFFICE SUPPLIES AMBULANCE GRABBER INSTALLATION RETIREE HEALTH BENEFITS -MAY 2010 RETIREE HEALTH BENEFITS -MAY 2010 PROGRAM (EMPP) EOC WORKSHOP REGISTRATION-DIAZ/MATLOC K/CHRISTIANSE I SWEEPER REPAIRS WIRELESS CIRCUIT 3/06/10-4/05/10 TELECOMMUNICATIONS SERVICE TELECOMMUNICATIONS SERVICE REPAIRS, REPLACEMENTS AS NEEDED FOR RETIREE HEALTH BENEFITS -MAY 2010 MUNI POOL CHEMICALS SERVICES FOR MAR 2010 RETIREE HEALTH BENEFITS -MAY 2010 NAVY POLY/WOOL PANTS JEFFERSON'S CA EVIDENCE BENCHMARK CA LAW OF CONTRACTS REIMB- CDBG CONTRACT AWARD REIMB-TENANT IMPROVEMENT- CDBG CONSULTANT SVCS FOR LIABILITY/RISK RETIREE HEALTH BENEFITS -MAY 2010 REFUND OVER PAYMENT DATA CIRCUIT 04/07/10 - 05/06/10 PC PROCESSING - MAR 2010 RELOCATE ANTENNA CABLE RETIREE HEALTH BENEFITS -MAY 2010 REIMB - CDBG FINANCIAL MANAGEMENT POWEREDGE 2970 QUAD CORE NEW EMP FINGERPRINT MAR 2010 RETIREE HEALTH BENEFITS -MAY 2010 REIMB - CAASD SPRING CONFERENCE RETIREE HEALTH BENEFITS -MAY 2010 RETIREE HEALTH BENEFITS -MAY 2010 CHK NO DATE AMOUNT 236043 4/28/10 13,794.36 236044 4/28/10 13,908.00 236045 4/29/10 36,281.99 236046 4/29/10 413.57 236047 4/29/10 2,854.00 236048 5/4/10 1,908.98 236049 5/4/10 110.00 236050 5/4/10 7,500.00 236051 5/4/10 5,398.25 236052 5/4/10 35.00 236053 5/4/10 527.80 236054 5/4/10 224.00 236055 5/4/10 195.00 236056 5/4/10 181.38 236057 5/4/10 139.95 236058 5/4/10 390.11 236059 5/4/10 160.00 236060 5/4/10 125.00 236061 5/4/10 175.74 236062 5/4/10 525.00 236063 5/4/10 687.38 236064 5/4/10 2,283.77 236065 5/4/10 2,524.08 236066 5/4/10 358.12 236067 5/4/10 3,271.87 236068 5/4/10 145.00 236069 5/4/10 654.65 236070 5/4/10 12,000.00 236071 5/4/10 1,161.29 236072 5/4/10 505.69 236073 5/4/10 152.57 236074 5/4/10 143.22 236075 5/4/10 27,022.08 236076 5/4/10 20,392.00 236077 5/4/10 4,625.00 236078 5/4/10 280.00 236079 5/4/10 70.00 236080 5/4/10 3,679.57 236081 5/4/10 2,228.03 236082 5/4/10 1,895.88 236083 5/4/10 120.00 236084 5/4/10 437.37 236085 5/4/10 15,129.37 236086 5/4/10 160.00 236087 5/4/10 70.00 236088 5/4/10 378.53 236089 5/4/10 250.00 236090 5/4/10 160.00 + CALIFORNIA p--,- 2/3 PAYEE FAMILY HOUSE OF PANCAKE FERGUSON ENTERPRISES INC FLEET SERVICES INC GRAINGER GRANICUS INC GTC SYSTEMS INC HANSON HARRIS & ASSOCIATES INC HOLLOWAY HORIZON HEALTH EAP HYDRO-SCAPE PRODUCTS INC. IDENTIX INCORPORATED INTEGRATED BIOMETRIC JAMES JOHN'S LOCK & SAFE SERVICE KIMBLE KOCH ARMSTRONG KOLANDA LASER SAVER INC LOCAL GOVERNMENT PUBLICATIONS LOPEZ LOS ANGELES SPARKS MAINTEX INC MATIENZO MAXWELL MCCABE MEYERS/NAVE LAW CORP MURRAY MYERS NAPA AUTO PARTS NINYO & MOORE NIXON EGLI EQUIPMENT CO. NOSAL, WILLIAM A PAUU PEPPERBALL TECHNOLOGIES, INC. POST POTTER PROJECT PARTNERS INC PROJECT PARTNERS INC PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RAY RED BIRD MARKET RED WING SHOES RUIZ S.D. COUNTY SHERIFF'S DEPT. SAN DIEGO DAILY TRANSCRIPT SAN DIEGO GAS & ELECTRIC NATI e o INCORYOHATED WARRANT REGISTER # 44 5/4/2010 DESCRIPTION REFUND FOR TECHNICAL SERVICES MOP 45723 PLUMBING MATERIAL MOP 67804 AUTO PARTS MOP 65179 PLUMBING MATERIAL WEBCAST/LIVECAST MANAGED NETWORK ENGINEERING HOURS RETIREE HEALTH BENEFITS -MAY 2010 8TH STREET CORRIDOR RETIREE HEALTH BENEFITS -MAY 2010 EAP DOT TRAINING - APRIL 21, 2010 MOP #45720 PIPES, VALVES ANNUAL HELP DESK MAINTENANCE NEW EMP FINGERPRINT MAR 2010 RETIREE HEALTH BENEFITS -MAY 2010 OPEN IMPOUNDED SAFE NCPD CASE RETIREE HEALTH BENEFITS -MAY 2010 MARINA GATEWAY STREETSCAPE RETIREE HEALTH BENEFITS -MAY 2010 MOP 45725 MATERIALS LCL USE BOOKS 2009 EDITION TRANSLATION SVCS 04/06/10 TICKETS FOR L. A. SPARKS MISC JANITORIAL SUPPLIES RETIREE HEALTH BENEFITS -MAY 2010 LIABILITY CLAIM COSTS RETIREE HEALTH BENEFITS -MAY 2010 2009 MOU NEGOTIATION RETIREE HEALTH BENEFITS -MAY 2010 RETIREE HEALTH BENEFITS -MAY 2010 MOP 45735 MISC SUPPLIES GEOTECHNICAL TESTING SERVICES STREET SWEEPER PARTS RETIREE HEALTH BENEFITS -MAY 2010 RETIREE HEALTH BENEFITS -MAY 2010 PROJECTILE, INERT POWDER RETIREE HEALTH BENEFITS -MAY 2010 RETIREE HEALTH BENEFITS -MAY 2010 TRAFFIC SIGNAL TIMING DEPOSIT#1364 1240 PALM AVE MOP 45742 LAUNDRY SERVICE SERVICE PERIOD 4-10-4 RETIREE HEALTH BENEFITS -MAY 2010 REFUND OF FILING AMOUNT SAFETY BOOTS D JASMUND-STREETS RETIREE HEALTH BENEFITS -MAY 2010 CAL -ID PROGRAM 01/01/10-06/30/10 UNION TRIBUNE ADVERTISEMENT UTILITIES 03/19 - 04/19/10 CHK NO DATE AMOUNT 236091 5/4/10 200.00 236092 5/4/10 568.08 236093 5/4/10 495.30 236094 5/4/10 335.72 236095 5/4/10 1,477.35 236096 5/4/10 2,340.00 236097 5/4/10 135.00 236098 5/4/10 5,551.00 236099 5/4/10 150.00 236100 5/4/10 750.00 236101 5/4/10 292.20 236102 5/4/10 1,143.00 236103 5/4/10 10.00 236104 5/4/10 140.00 236105 5/4/10 485.00 236106 5/4/10 300.00 236107 5/4/10 139,257.35 236108 5/4/10 135.00 236109 5/4/10 1,089.49 236110 5/4/10 119.56 236111 5/4/10 420.00 236112 5/4/10 108.00 236113 5/4/10 2,927.25 236114 5/4/10 100.00 236115 5/4/10 450.00 236116 5/4/10 280.00 236117 5/4/10 1,127.50 236118 5/4/10 150.00 236119 5/4/10 140.00, 236120 5/4/10 439.13 236121 5/4/10 1,460.00 236122 5/4/10 108.55 236123 5/4/10 1,098.64 236124 5/4/10 340.00 236125 5/4/10 305.07 236126 5/4/10 280.00 236127 5/4/10 150.00 236128 5/4/10 2,836.50 236129 5/4/10 503.25 236130 5/4/10 251.60 236131 5/4/10 281,949.04 236132 5/4/10 190.00 236133 5/4/10 1,301.0C, 236134 5/4/10 125.00 236135 5/4/10 310.00 236136 5/4/10 8,519.00 236137 5/4/10 388.50 236138 5/4/10 1,509.64 3/3 PAYEE SAN DIEGO PET & LAB SUPPLY SAN DIEGO UNION TRIBUNE SCANNING SERVICE CORPORATION SDG&E SHORT RECOVERY SERVICE SD SHORT, CRAIG SOUTHERN CALIF TRUCK STOP STANDARD AUTO RECYCLING STAPLES ADVANTAGE STILES SUN BADGE COMPANY INC. T W MOBILE ENGINEERING THE LIGHTHOUSE INC THE STAR NEWS TIMBERLINE CONSTRUCTION TOPECO PRODUCTS TORREY PINE BANK 1 S BANK CORPORATE PAYMT SYS JC REGENTS UNITED PARCEL SERVICE URBAN FUTURES V & V MANUFACTURING VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS WADE & ASSOCIATES WISSAM ZIETLOW, DAVID ZOLL MEDICAL CORP. SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 09 4/6/2010 Special Payroll c Ql.NIA -+ INCORPORATED —� WARRANT REGISTER # 44 5/4/2010 DESCRIPTION MOP 45753 K9 DOG FOOD LEGAL NOTICES ADVERTISING APERTURE CARDS SCANNED/FILES INDEXED FACILITIES DIVISION REFUND OF REPOSSESSION COST RETIREE HEALTH BENEFITS -MAY 2010 MOP 45758 PROPANE CROWN ENGINE MOP 45704 PRINT CARTRIDGES REIMB - 201 FIRE MANAGEMENT I BADGE REPAIRS, REBANNERING PERFORM BUILDUP ON 2 2009 FORD MOP 45726 AUTO PARTS NEWS ADVERTISEMENT REFUND OF C&D CHARGES MOP 63949 SHOP SUPPLIES RETENTION PAYMENT CREDIT CARD EXP - COUNCIL SEMINAR REGISTRATION FEE-05/27/10 UPS SHIPMENT GEN OBLIGATION BONDS/ELECTION 2002 REBANNER BADGE #380 MOP 46453 PLUMBING MATERIAL WIRELESS SVC 02/27/10 - 03/26/10 MARKOUT SERVICES DEPOSIT#1114 H & H HOMES RETIREE HEALTH BENEFITS -MAY 2010 LIFEBAND 3 PACK Start Date 4/28/2010 End Date 4/19/2010 End Date 5/4/2010 Check Date 4/28/2010 4/29/2010 CHK NO DATE AMOUNT 236139 5/4/10 161.71 236140 5/4/10 2,313.80 236141 5/4/10 6,508.71 236142 5/4/10 25,729.77 236143 5/4/10 15.00 236144 5/4/10 300.00 236145 5/4/10 74.21 236146 5/4/10 1,574,51 236147 5/4/10 1,598.09 236148 5/4/10 133.00 236149 5/4/10 79.24 236150 5/4/10 23,089.06 236151 5/4/10 42 96 236152 5/4/10 97.38 236153 5/4/10 2,800.00 236154 5/4/10 51.46 236155 5/4/10 15,473.04 236156 5/4/10 445.16 236157 5/4/10 144.00 236158 5/4/10 19.02 236159 5/4/10 3,900.00 236160 5/4/10 53.11 236161 5/4/10 53.74 236162 5/4/10 1,075.17 236163 5/4/10 27,268.50 236164 5/4/10 17,203.43 236165 5/4/10 150.00 236166 5/4/10 7,134.71 A/P Total 785,864.10 663,583.56 997,365.29 202.75 GRAND TOTAL $ 2,447,015.70 . — CALIF©RNIA Nik I. try INCORPORATED Warrant Register # 44 5/4/2010 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES 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 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 246 WINGS GRANT 259 LIBRARY BONDS DEBT SERVICE FUND 290 POLICE DEPT GRANTS 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 320 LIBRARY GRANTS 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 731 CONSTRUCTION AND DEMOLITION DEBRIS 1,048, 936.93 29, 772.22 19,989.45 1,615.46 156,187.59 11,423.13 586.16 2,000.38 1,308.42 11, 952.46 2,199.59 1,055.65 7,399.57 1,572.35 1,205.71 14, 049.93 26,605.18 1,950.00 1,619.78 64,249.85 33,611.89 3,653.73 685,224.79 2,547.99 110,891.08 39,104.32 49, 379.69 5,961.23 1,855.83 17,915.58 6,407.51 11,275.50 16,263.50 36,736.57 17,706.68 2,800.00 2,447,015.70 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1, 2010 AGENDA ITEM NO.14 EM TITLE: Warrant Register #45 for the period of 05/05/10 through 05/11/10 in the amount of $5,939,300.39 PREPARED BY: D. Gallegos DEPARTMENT: PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 05/05/10 through 05/11/10 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation SD County Auditor 236170 5,163,417.00 SERAF Pursuant To ABX4 26 Health Net 236217 71,447.06 Emp Health Ins Leiser Health 236226 151,217.43 Emp Health Ins blic Emp Ret Sys 236250 275,133.16 PPE 05/03/10 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $5,939,300.39 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: grant Register #45 PAYEE GLOCK PROFESSIONAL INC SAN DIEGO CLIPPING SERVICE TYLER TECHNOLOGIES, INC SAN DIEGO COUNTY AUDITOR CHRISTENSEN & SPATH LLP LATITUDE 33 PLANNING AND ENGIN OPPER & VARCO PGP VALUATION INC PRO BUILD PRUDENTIAL OVERALL SUPPLY SDG&E STAPLES ADVANTAGE STAPLES ADVANTAGE TIERRA WEST ADVISORS INC ABCANA INDUSTRIES ALL FRESH PRODUCTS ALL THE KINGS FLAGS ,MERICAN ROTARY BROOM ,RROWHEAD FORENSIC PRODUCTS ASBURY ENVIRONMENTAL SVCS AUSTIN DOORS BEHAVIOR ANALYSIS BON SUISSE INC BOOT WORLD BORUNDA BRENNTAG PACIFIC INC CAPF CALIFORNIA BAKING CO. CALIFORNIA ELECTRIC SUPPLY CALIFORNIA HIGHWAY ADOPTION CO CALIFORNIA LAW ENFORCEMENT CCPOA REGION 2 CDWG CEB CINTAS DOCUMENT MANAGEMENT CITY OF NATIONAL CITY CITY OF NATIONAL CITY COMMERCIAL AQUATICS SERVICES COUNTY OF SAN DIEGO DAY WIRELESS SYSTEMS (20) DELTA DENTAL DEPARTMENT OF TRANSPORTATION (VISION 8 INCORPORATED REW FORD EMPLOYMENT DEVELOPMENT DEPT FEDEX GALINDO ROJAS GONZALEZ WARRANT REGISTER # 45 5/11/2010 DESCRIPTION REGISTRATION - ARMORER'S COURSE NEWS READING/CLIPPING SERVICE EDEN FINANCIALS ANNUAL SOFTWARE SERAF PURSUANT TO ABX4 26 1441 HARDING B-1 CONCEPT SITE PLANNING GENERAL SERVICES APPRAISALS OF 522 WEST 8TH ST MOP 45707 MATERIALS & SUPPLIES MOP 45742 LAUNDRY SERVICE UTILITIES 03/24/10 - 04/23/10 MOP 45704 OFFICE SUPPLIES - REDEV MOP 45704 TONER CTRG INKJT ADVISORS SVCS - MAR 2010 MUNICIPAL POOL CHEMICALS FOOD FOR NUTRITION CENTER COTTON FLAG 5 X 9 MOP 62683 SWEEPER REPAIRS LAB SUPPLIES RECYCLE USED OIL/MIXED OILS DOOR REPAIRS, REPLACEMENTS INTERVIEW & INTERROGTN CLASS MILK/DAIRY DELIVERY MOP 64096 WEARING APPAREL 125 PLAN RIEMBURSEMENT MUNICIPAL POOL CHEMICALS FIRE/LTD MAY 2010 BREAD DELIVERY FOR NUTRITION MOP45698 ELECTRICAL MATERIAL PARADISE CREEK LITTER REMOVAL PD/LTD MAY 2010 DEV TO CHILDREN CONFERENCE HP CLJ CP3525N 30/30 PPM CA INTEREST DEVELOPMENT SHREDDING SVCS PETTY CASH MARCH 2010 PETTY CASH APRIL 2010 POOL SERVICE, REPAIRS, PURCHASES SHARE OF PARKING CITATN MAR'10 RADIO MAINTENANCE SVC CONTRACT DENTAL INS MAY 2010 HIGHWAY LIGHTING GLASS & WINDOW REPLACEMENT MOP 49078 AUTO PARTS UNEMPLOYMENT INS REIMB 2009 SPECIAL MAIL HANDLING CHGS 125 PLAN REIMBURSEMENT CRIMINAL INVESTIGATION COURSE 1/3 CHK NO DATE AMOUNT 236167 5/6/10 150.00 236168 5/6/10 70.50 236169 5/6/10 43,764.30 236170 5/10/10 5,163,417.00 236171 5/11/10 1,080.00 236172 5/11/10 3,287.25 236173 5/11/10 2,647.00 236174 5/11/10 5,582.50 236175 5/11/10 109.86 236176 5/11/10 66.70 236177 5/11/10 48.72 236178 5/11/10 175.03 236179 5/11/10 34.62 236180 5/11/10 10,786.25 236181 5/11/10 261.73 236182 5/11/10 3,848.73 236183 5/11/10 145.09 236184 5/11/10 431.62 236185 5/11/10 932.03 236186 5/11/10 40.00 236187 5/11/10 1,857.51 236188 5/11/10 472.00 236189 5/11/10 355.40 236190 5/11/10 125.00 236191 5/11/10 103.95 236192 5/11/10 757.83 236193 5/11/10 672.00 236194 5/11/10 144.00 236195 5/11/10 402.45 236196 5/11/10 960.00 236197 5/11/10 1,774.50 236198 5/11/10 60.00 236199 5/11/10 4,546.68 236200 5/11/10 179.92 236201 5/11/10 72.95 236202 5/11/10 369.24 236203 5/11/10 280.92 236204 5/11/10 407.56 236205 5/11/10 11,672.00 236206 5/11/10 4,650.00 236207 5/11/10 14,186.29 236208 5/11/10 2,506.47 236209 5/11/10 2,500.00 236210 5/11/10 474.93 236211 5/11/10 1,221.35 236212 5/11/10 29.32 236213 5/11/10 50.00 236214 5/11/10 668.36 PAYEE GORMSEN APPLIANCE CO HAMILTON MEATS & PROVISIONS HEALTH NET HEALTH NET HEALTH NET HICKS HUNTER'S NURSERY INC. IAEI IKON OFFICE SOLUTIONS/IOS JOHN DEERE LANDSCAPES JOSSE KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KONE KRISTAR ENTERPRISES, INC. VUSTOM SIGNALS INC. SAVER INC LOPEZ MARTIN & CHAPMAN MILLER MISSION UNIFORM SERVICE NAPA AUTO PARTS NATIONAL CITY AUTO TRIM NATIONAL CITY CAR WASH NATIONAL CITY ROTARY CLUB NATIONAL CITY TROPHY NATIONAL PEN CORPORATION NIXON EGLI EQUIPMENT CO. OLIVER PACKAGING & ORIENTAL TRADING, CO., INC. PACIFIC AUTO REPAIR POWERSTRIDE BATTERY CO INC PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RAPID TRANSMISSION INC. RELIANCE STANDARD RIVERSIDE SHERIFFS RUSS' BEE REMOVAL S D REGIONAL TRAINING CENTER SAKAMOTO SAN DIEGO BMW MOTORCYCLES SAN DIEGO PET & LAB SUPPLY SAN DIEGO UNION TRIBUNE SHOEMAKER SIGNA DIGITAL SOLUTIONS INC S I LVA 'INCORPORATED WARRANT REGISTER # 45 5/11/2010 DESCRIPTION CITY-WIDE APPLIANCE REPAIRS MEAT DELIVERY FOR NUTRITION HEALTH INS H0067A MAY 2010 HEALTH INS MAY 2010 57135J HEALTH -FULL NETWORK 57135A 5/10 REFUND OVER DEDUCTED FOR INS MOP 45719 HORTICULTURE ITEMS IAEI MEMBERSHIP EQUIP LEASE 05/21 - 08/20/10 MOP 69277 PLANTING MATERIAL 125 PLAN REIMBURSEMENT INS ACTIVE - MAY 2010 KAISER RETIREES INS MAY 2010 RET INS - MAY 2010 ELEVATOR REPAIRS & MAINTENANCE FLO-GARD T-SERIES COOLIDGE RETROFIT BATTERY PACK W/STOP MOP 45725 INK CARTRIDGES TRANSLATION SVCS ON 05/04/10 2010 ELECTION MATERIALS REVERSE DIRECT DEPOSIT CLEANING/LAUNDRY SERVICES MOP 45735 AUTO PARTS R&M CITY VEHICLES CAR WASHES FOR CITY FLEET DUES FOR APRIL 2010 MOP 66556 NECK RIBBON/TRACK MEDAL CONTOUR BLUE BP - SET UP CHG STREET SWEEPER PARTS HOME DELIVERED-TRAYS/CONSUMABLES GIFT BAGS/SUNGLASSES/HELMETS SMOG CERTIFICATION & REPAIRS MOP 67839 AUTO PARTS MOP 45742 LAUNDRY SERVICE MOP 45742 LAUNDRY SERVICE SERVICE PERIOD 5-10-3 LABOR/REMOVE/INSTALL/OVERHAUL VTL - MAY 2010 CRIMINAL INVESTIGATION COURSE BEE REMOVAL FROM CITY PROPERTY COMP INVESTIGATION OF WEBSITES INVESTIGATIVE INTER & INTERROG R&M CITY VEHICLES MOP 45753 K9 FOOD - PD LEGAL NOTICES ADVERTISING 125 PLAN REIMBURSEMENT INK TANK 125 PLAN REIMBURSEMENT 2/3 CHK NO DATE AMOUNT 236215 5/11/10 199.00 236216 5/11/10 611.84 236217 5/11/10 71,447.06 236218 5/11/10 1,192.62 236219 5/11/10 9,266.79 236220 5/11/10 313.75 236221 5/11/10 403.36 236222 5/11/10 102.00 236223 5/11/10 19,119.57 236224 5/11/10 472.14 236225 5/11/10 301.39 236226 5/11/10 151,217.43 236227 5/11/10 19,829.28 236228 5/11/10 7,597.78 236229 5/11/10 1,548.65 236230 5/11/10 347.29 236231 5/11/10 380.47 236232 5/11/10 274.: 236233 5/11/10 140.( 236234 5/11/10 139.25 236235 5/11/10 2,767.81 236236 5/11/10 69.43 236237 5/11/10 255.30 236238 5/11/10 10.00 236239 5/11/10 264.00 236240 5/11/10 10.00 236241 5/11/10 78.20 236242 5/11/10 238.06 236243 5/11/10 664.14 236244 5/11/10 1,504.00 236245 5/11/10 335.69 236246 5/11/10 220.84 236247 5/11/10 127.00 236248 5/11/10 472.91 236249 5/11/10 103.35 236250 5/11/10 275,133-16 236251 5/11/10 2,238.19 236252 5/11/10 2,565.67 236253 5/11/10 103.00 236254 5/11/10 550.00 236255 5/11/10 155.00 236256 5/11/10 694.36 236257 5/11/10 565. 236258 5/11/10 179.__ 236259 5/11/10 3,096.80 236260 5/11/10 1,779.00 236261 5/11/10 85.78 236262 5/11/10 800.00 N,A 3/3 PAYEE SMART & FINAL SMG/INTERLINK SO -CAL ENTERPRISES SOUTHERN CALIF TRUCK STOP STAPLES ADVANTAGE STARTECH COMPUTERS STRATACOM SWEETWATER AUTHORITY SYSCO SAN DIEGO THE LIGHTHOUSE INC THE LINCOLN NATIONAL LIFE INS THOMSON REUTERS/BARCLAYS TOPECO PRODUCTS U S BANK CORPORATE PAYMT SYS U S HEALTHWORKS U S MARSHALS SERVICE UNDERGROUND SERVICE ALERT NION TRIBUNE PUBLISHING CO (ILLY'S ELECTRONIC SUPPLY WOOD & WOOD WOOD & WOOD ZAPATA SECTION 8 HAPS PAYMENTS PAYROLL Pay period Special Payroll Start Date NAL°". try INCORPORATED WARRANT REGISTER # 45 5/11/2010 DESCRIPTION MOP 45756 MISC SUPPLIES -COUNCIL CALIBRATION GAS MIXTURE/CYLINDER MOP 73565 AUTO PARTS MOP 45758 PROPANE MOP 45704 OFFICE SUPPLIES MOP 61744 SUPPLIES MOP 63845 BUSINESS CARDS - FIRE STREET DIVISION WATER BILL FOOD FOR NUTRITION CENTER MOP 45726 AUTO PARTS LIFE/AD&D/STD/LTD - MAY 2010 RENEW OF 2010 T 2 FPPC US MOP 63849 SHOP SUPPLIES CREDIT CARD EXP - COMM SVCS PRE -EMPLOYMENT PHYSICALS ASSET SEIZED VEHICLES UNDERGRD SVC ALERT CHRGS PUBLIC NOTICES MOP 45763 AUTO PARTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS REIMB - PROMOTIONAL ACTIVITIES -CM Start Date 5/5/2010 End Date End Date 5/11/2010 Check Date 5/11/2010 CHK NO DATE AMOUNT 236263 5/11/10 38.26 236264 5/11/10 703.76 236265 5/11/10 499.97 236266 5/11/10 42.41 236267 5/11/10 1,451.04 236268 5/11/10 75.72 236269 5/11/10 63.66 236270 5/11/10 593.35 236271 5/11/10 1,872.71 236272 5/11/10 24.71 236273 5/11/10 9,744.61 236274 5/11/10 141.00 236275 5/11/10 4.08 236276 5/11/10 4,066.42 236277 5/11/10 100.00 236278 5/11/10 21,151.79 236279 5/11/10 138.00 236280 5/11/10 1,202.20 236281 5/11/10 106.26 236282 5/11/10 4,359.09 236283 5/11/10 701.50 236284 5/11/10 134.00 AIP Total 5,915,565.06 9,368.69 14,366.64 GRAND TOTAL S 5,939,300.39 CAL I F O RNI A .-c+ NATIQN,Att CITY atatl INCOApOflATED J Warrant Register # 45 5/11/2010 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 111 P.O.S.T. FUND 125 SEWER SERVICE FUND 131 ASSET FORFEITURE FUND 145 JUVENILE EDUCATION FUND 159 GENERAL PLAN UPDATE RESERVE 166 NUTRITION 172 TRASH RATE STABILIZATION FUND 212 PERSONNEL COMPENSATION FUND 253 RECREATIONAL ACTIVITIES FUND 261 CDC DEBT SERVICE FUND 282 REIMBURSABLE GRANTS CITYWIDE 290 POLICE DEPT GRANTS 301 GRANT C.D.B.G. 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 632 GENERAL ACCOUNTING SERVICES 633 UNEMPLOYMENT INSURANCE RESERVE 643 MOTOR VEHICLE SVC FUND 724 COBRA/RETIREE INSURANCE 573,648.00 -355.77 1,738.44 1,989.72 1,616.34 21,151.79 60.00 15.00 8,406.11 75.72 14,366.64 857.50 5,163,417.00 540.00 238.06 269.32 9,784.30 1,912.88 14,702.73 8,278.50 8,176.51 5,067.14 19,139.57 47,908.48 91.43 1,221.35 6,050.20 28,933.43 5,939,300.39 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1, 2010 AGENDA ITEM NO.15 EM TITLE: Continued Public Hearing from Council Meeting 5-18-2010 - Proposal to install red light cameras at various intersections throughout the City with the following locations under consideration: Plaza Blvd/Euclid Ave; Highland Ave/30th St; Paradise Valley Rd/8th St; Highland Ave/8th St; and Highland Ave/Plaza Blvd. The public and interested parties have been invited to appear at this meeting to be heard at this public meeting or in written correspondence delivered to the City Clerk or to the City Council at, or prior to the public hearing. PREPARED BY: Manuel Rodriguez, Assistant Chief PHONE: 4512 EXPLANATION: DEPARTMENT: Police APPROVED BY: Automated red light photo enforcement is authorized and governed by the California Vehicle Code (Sections 21455.5 through 21455.7). The goal of a Red Light Photo Enforcement Program is to improve the safety of the community for vehicular, bicycle and pedestrian traffic by reducing the incidence of vehicles failing to stop for red Tight signals. Photo enforcement programs have a proven record for reducing right angle collisions at monitored :.. 4 rsections in jurisdictions where similar programs have been initiated. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Recommends Approval BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: ie CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1, 2010 AGENDA ITEM NO. 16 EM TITLE: Weed Abatement Public Hearing PREPARED BY: Robert Hernandez/Fire Marsha Az DEPARTMENT: PHONE: 336-455 APPROVED BY: EXPLANATION: In accordance with National City Municipal Code, Chapter 9.12, a report of the proceedings and an accurate account of the cost of abating the nuisance on each separate property shall be filed with the City Council. Notice of the public hearing shall be served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. Pursuant to National City Municipal Code, Section 1.36.100, the City Council shall consider the Report and Account at the time set for the confirmation of costs hearing, together with any objections or protests by the responsible person or other interested persons. The responsible person or other interested persons may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the City Council shall by resolution either approve the Report and Account as submitted, or as modified or corrected by the City Council. FINANCIAL STATEMENT: ACCOUNT NO. 001-12124-3561 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: City Council by resolution approves the report and Account as submitted or as modified or corrected by City Council. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: ed Charges Special Assessments - Please see Exhibit "A" CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1, 2010 AGENDA ITEM NO. 17 EM TITLE: An Ordinance of the City Council of the City of National City amending the Municipal Code by adding Chapter 4.70 relating to Recovering Costs for the Deployment of Emergency Services by the National City Fire Department. (Fire) PREPARED BY: Walter Amedee `P DEPARTMENT: PHONE: 619-336-4556 APPROVED BY: EXPLANATION: Ordinance amending the City of National City Municipal Code by adding Chapter 4.70 relating to Recovering Costs for the Deployment of Emergency Services by the National City Fire Department. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS Based on service calls for 2009 the National City Fire Department would have netted approximately $70,000 to the City's General Fund. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: X STAFF RECOMMENDATION: Adopt Ordinance amending the City of National City Municipal Code by adding Chapter 4.70 relating to Recovering Costs for the Deployment of Emergency Services by the National City Fire Department. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Staff Report __ Ordinance STAFF REPORT I. BACKGROUND: Current policies, codes and ordinances allow the National City Fire Department (NCFD) to obtain reimbursement from responsible individuals for the expense of specified emergency responses and/or enforcement actions by NCFD to protect the public from fire or other hazardous substances. The City currently can recover costs for the following types of responses: 1. Responses to false alarms which occur more than two times in a 12-month period 2. Responses to danger posed by fire or hazardous substance caused by negligent acts in violation of law 3. Responses to emergency incidents due to D.U.I. (driving under the influence) offenses However, these charges do not include the City's cost to provide emergency response services in events of vehicle accidents; such as basic response time, fluid clean-up, vehicle fire suppression and rescue, extrication and air ambulance landings. Historically, NCFD has not billed for these services, and costs are paid from the General Fund. In today's economy, with pressure to maintain services conflicting with significant revenue reductions, it would benefit NCFD to identify additional opportunities to recover costs to offset those reductions. One means of accomplishing this objective is to recover costs from vehicle emergency responses resulting from purposeful or negligent conduct, including violations of law, from non-residents of National City. Since non-residents do not pay National City property taxes or assessments, the City and its taxpayers bear the cost of these responses out of General Fund revenues. Most, if not all, automobile and homeowners insurance companies have provisions in their policies stipulating payment to fire departments for emergency response and service provided at vehicle accidents and other fire/rescue events. The trend in our area (San Diego County) and throughout the country is to bill for these services directly to the insurance carriers. This ordinance specifies billing for motor vehicle incident (MVI) services to involved parties that live outside the City of National City limits. Billing for fire/rescue activities will be first directed to the insurance carriers of those non-residents. Several vendors have been identified that specialize in the billing and collection of these types of fees. With the adoption of this ordinance NCFD will "piggy -back" on an awarded contract between the City of Roseville, CA and Fire Recovery USA. The City of Roseville conducted a request for proposal (RFP) and obtained bids from a minimum of three vendors, a process that mirrors the City of National City RFP process. In addition, the City of National City may charge fees for the cost of services that the NCFD provides related to hazardous materials spills or discharges, pipeline or power line incidents, and fire cause and origin investigations. These fees may be billed to the responsible party regardless of fault or residency, as determined by the Director of Emergency Services, his designee or third party billing service. The attached fee schedule was prepared utilizing current salary tables, equipment costs and average times typically associated with these types of events. The schedule will be evaluated each year and adjusted appropriately. Data will be collected by NCFD personnel at the time of incidents and submitted to the approved vendor for billing. Funds collected will be placed into the City's General Fund. II. DISCUSSION: Adopting this Ordinance would allow the City to recover costs from non-residents of National City for vehicle emergency responses, helping offset the cost of these responses to General Fund revenues. National City homeowners and business owners would continue to be billed for false alarms, negligent acts, hazardous materials responses and D.U.I. responses. The General Fund finances approximately 20% of the NCFD budget. Funds for the repair and replacement of all "firefighting equipment and apparatus" come mostly from the General Fund, with the exception of some grant funded equipment. This Ordinance will provide an expanded cost recovery program for vehicle response costs including costs of vehicle fires and air ambulance landings, which will apply only to non- residents of National City, who do not pay into the General Fund through property taxes and assessments. Services NCFD provides for these incidents would be submitted as a claim to the auto insurance company of the non-resident of National City. The advantage of pursuing cost recovery for these types of incidents is that most auto insurance companies provide coverage to pay for fire response (separate from the ambulance fee) to traffic collisions and vehicle fires. As a result, the success rate of cost recovery from auto insurance companies is fairly high (60-70%) with the assistance of a company that specializes in insurance billing. Staff anticipates that if this Ordinance is adopted, a contract with Fire Recovery USA will be proposed for City Council approval. The charges for service to be recovered by NCFD will be determined on a case -by -case basis according to the fee schedule in Exhibit A of this Ordinance. In accordance with State law, the rates in Exhibit A represent an amount Tess than or equal to the estimated average actual cost of such services provided by the City. The rate schedule in Exhibit A of this Ordinance will be evaluated each year and adjusted appropriately. The Ordinance is proposed for first reading, after which the City Council is required to hear and consider any objections to the proposed schedule of fees. The Ordinance will be brought back for adoption at a regular meeting no Tess than seven days after the first reading. Seeking reimbursement for the wear and tear on equipment, and replacement where warranted, would be additional funding to be applied to the City's General Fund to be 2 expended on repairs and replacement of firefighting tools and equipment. These monies would be no different from neighboring departments that currently charge the residents of National City for services they use in their city. North County Fire Protection District and San Miguel Fire Protection District charge "fees for service" to our residents if they are involved in a motor vehicle incident in their respective districts. The Chula Vista Fire Department, Oceanside Fire Department, and San Diego Fire Rescue Department are considering a similar fee. III. ALTERNATIVES: 1. Amend or pass this Ordinance 2. Take no action IV. FISCAL IMPACT: While guarantees for revenue recovery cannot be made, an estimated forecast, based on service calls for 2009, would have netted approximately $69,797 to the City's General Fund. In 2009, there were a total of 5,632 responses. Of those, an estimated 3% were non-resident MVI responses (totaling 169 responses). The general formula is: 169 x 70% collection rate x $590 = $69,797. V. RECOMMENDATION: The National City Fire Department recommends Council approve the attached Ordinance allowing the billing for motor vehicle incident (MVI) responses and fire rescue services performed by NCFD. The ordinance limits the billing of MVI responses to only those responsible parties living outside the City of National City limits. Adopt Ordinance amending the City of National City Municipal Code by adding Chapter 4.70 relating to Recovering Costs for the Deployment of Emergency Services by the National City Fire Department. 3 ORDINANCE NO. 2010 — 2341 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 4.70 RELATING TO RECOVERING COSTS FOR THE DEPLOYMENT OF EMERGENCY SERVICES BY THE NATIONAL CITY FIRE DEPARTMENT WHEREAS, the emergency services response activity to incidents increases each year due to additional requirements, such as those for environmental protection and Homeland Security, which create additional demands on all operational aspects of the National City Fire Department services; and WHEREAS, the City of National City has investigated different methods to maintain a high level of quality of emergency service capability during times of increasing service demands; and WHEREAS, maintaining an effective response by the National City Fire Department decreases the overall societal costs of incidents through timely and effective management of emergency situations, saving lives, and reducing property and environmental damage; and WHEREAS, a majority of motor vehicle incidents and other emergency services involve individuals not residing in the National City Fire Department's service area; and WHEREAS, the City of National City desires to implement a fair and equitable procedure by which to recovery the reasonable costs for emergency responses. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City, that Title 4 of the National City Municipal Code is amended by adding Chapter 4.70 to read as follows: Chapter 4.70 Emergency Response Cost Recovery Fee Sections: 4.70.010 Findings. 4.70.020 Fees for recovery of emergency response costs. 4.70.030 Adoption of fee schedule for recovery of emergency response costs. 4.70.040 Persons subject to fee. 4.70.050 Severability 4.70.010 Findings. A. The City of National City is authorized to provide any service relating to the protection of lives and property including, but not limited to, fire protections services, rescue services, emergency medical services, hazardous material emergency response services, and other emergency response services. B. The City of National City finds that the quantity and scope of services provided by the National City Fire Department are an increasing burden on the City of National City. C. The City of National City may charge a fee to recover the reasonable costs of services necessary to protect the public health and safety associated with motor vehicle incidents, hazardous materials spills or discharges, motor vehicle fires, motor vehicle extrications, pipeline or power line incidents, and fire cause and origin investigations. 4.70.020 Fees for recovery of emergency response costs. The City of National City shall charge fees for the cost of services that the National City Fire Department provides related to motor vehicle incidents, motor vehicle fires, motor vehicle extrications, hazardous materials spills or discharges, pipeline or power line incidents, and fire cause and origin investigations. The fees shall not exceed the reasonable cost to provide such services and shall be charged according to the usual, customary, and reasonable fees as set by a schedule of fees. A motor vehicle incident, for the purposes of this Chapter, means any matter involving an emergency response to a motor vehicle, including, but not limited to, collisions, accidents, fire, and extrication. 4.70.030 Adoption of fee schedule for recovery of emergency response costs. The City of National City adopts the fee schedule set forth in Exhibit A, and incorporates them herein as the usual, customary, and reasonable costs of the services identified in Exhibit A. The City Council may amend, as needed, the schedule of fees in Exhibit A by resolution. 4.70.040 Persons subject to fee. The fees shall be billed, as determined by the director of emergency services, his or her designee or third party billing service, to any person or persons whose negligent or willful act is a cause of any motor vehicle incident or a technical rescue, and to any person or persons who is the owner of, or has custody and control over any vehicle involved in a motor vehicle incident. Fees for motor vehicle incidents shall not be billed to residents of the City of National City. Fees not related to motor vehicle incidents, such as those for hazardous material discharges or releases, or cause or origin investigations, shall be billed to the responsible party regardless of fault or residency, as determined by the director of emergency services, his designee or third party billing service. 4.70.050 Severability. If any sentence, clause, section or part of this Chapter, or any fee imposed upon any person or entity is found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality, or invalidity shall affect only such clause, sentence, section, or part of this Chapter, or person or entity; and shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or other parts of this Chapter, or its effect on other persons or entities. It is declared to be the intention of the city council that this Chapter would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, section, or part of this Chapter notbeen included herein; or had such person or entity been expressly exempted from the application of this Chapter. To this end the provisions of this Chapter are severable. -- Signature Page to Follow -- Ordinance No. 2010 — 2341 2 Recovery Costs for Emergency Services PASSED and ADOPTED this lst day of June, 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO. FORM: George H. Eiser, III City Attorney Ordinance No. 2010 — 2341 3 Recovery Costs for Emergency Services EXHIBIT A COST RECOVERY FEES BASED ON PER HOUR MOTOR VEHICLE INCIDENTS Level 1 - $435.00 Provide hazardous materials assessment and scene stabilization. This will be the most common "billing level". This occurs almost every time a fire department responds to an accident/incident. Level 2 - $495.00 Includes Level 1 services as well as clean up and material used (sorbents) for hazardous fluid clean up and disposal. We will bill at this level if the fire department has to clean up any gasoline or other automotive fluids that are spilled as a result of the accident/incident. Level 3 — CAR FIRE - $605.00 Provide scene safety, fire suppression, breathing air, rescue tools, hand tools, hose, tip use, foam, structure protection, and clean up gasoline or other automotive fluids that are spilled as a result of the accident/incident. Level 4 - $1,800.00 Includes Level 1 & 2 services as well as extrication (heavy rescue tools, ropes, airbags, cribbing etc.). We will bill at this level if the fire department has to free/remove anyone from the vehicle(s) using any equipment. We will not bill at this level if the patient is simply unconscious and fire department is able to open the door to access the patient. This level is to be billed only if equipment is deployed. Level 5 - $2,200.00 Includes Levels 1, 2, & 4 services as well as Air Care (multi -engine company response, mutual aid, helicopter). We will bill at this level any time a helicopter is utilized to transport the patient(s). Level 6 Itemized Response: You have the option to bill each incident as an independent event with custom mitigation rates, for each incident using, itemized rates deemed usual, customary and reasonable (UCR). These incidents will be billed, itemized per apparatus, per personnel, plus products and equipment used. HAZMAT Level 1 - $700.00 Basic Response: Claim will include engine response, first responder assignment, perimeter establishment, evacuations, set-up and command. Ordinance No. 2010 — 2341 4 Recovery Costs for Emergency Services Level 2 - $2,500.00 Intermediate Response: Claim will include engine response, first responder assignment, hazmat certified team and appropriate equipment, perimeter establishment, evacuations, set-up and command, Level A or B suit donning, breathing air and detection equipment. Set-up and removal of decontamination center. Level 3 — $5,900.00 Advanced Response: Claim will include engine response, first responder assignment, hazmat certified team and appropriate equipment, perimeter establishment, evacuations, first responder set-up and command, Level A or B suit donning, breathing air and detection equipment and robot deployment. Set-up and removal of decontamination center, detection equipment, recovery and identification of material. Disposal and environment clean up. Includes above in addition to any disposal fees of material and contaminated equipment and material used at scene. Includes 3 hours of on scene time - each additional hour @ $300,00 per HAZMAT team. PIPELINE INCIDENTS / POWER LINE INCIDENTS (Includes, but not limited to: Gas, Sewer, Septic to Sewer, and Water Pipelines) Level 1 - $400.00 Basic Response: Claim will include engine response and first responder assignment, perimeter establishment, evacuations, first responder set-up and command. Includes inspection without damage or breakage. Level 2 - $1,000.00 Intermediate Response: Claim will include engine response, first responder assignment, and appropriate equipment, perimeter establishment, evacuations, first responder set-up and command. May include HAZMAT team, Level A or B suit donning, breathing air and detection equipment. Supervise and/or assist pipeline repair. Ordinance No. 2010 — 2341 5 Recovery Costs for Emergency Services Level 3 — Itemized Claim Charges Advanced Response: Claim will include engine response, first responder assignment, and appropriate equipment, perimeter establishment, evacuations, first responder set-up and command. May include HAZMAT team, Level A or B suit donning, breathing air and detection equipment.. Supervise and/or assist pipeline repair of intermediate to major pipeline damage. May include set-up and removal of decontamination center, detection, recovery and identification of material. Disposal and environment clean up. FIRE INVESTIGATION Fire Investigation Team - $275.00 per hour. Includes: • Scene Safety • Investigation • Source Identification • K-9/Arson Dog Unit • Identification Equipment • Mobile Detection Unit • Fire Report The claim begins when the Fire Investigator responds to the incident and is billed for logged time only. FIRES Assignment - $400.00 per hour, per engine / $500.00 per hour, per truck Includes: • Scene Safety • Investigation • Fire / Hazard Control This will be the most common "billing level". This occurs almost every time a fire department responds to an incident. OPTIONAL: A fire department has the option to bill each fire as an independent event with custom mitigation rates. Itemized, per person, at various pay levels and for itemized products use. Ordinance No. 2010 — 2341 6 Recovery Costs for Emergency Services WATER INCIDENTS Level 1 Basic Response: Claim will include engine response, first responder assignment, perimeter establishment, evacuations, first responder set-up and command, scene safety and investigation (including possible patient contact, hazard control). This will be the most common "billing level". This occurs almost every time a Fire Department responds to a water incident. Billed at $400 plus $50 per hour, per rescue person. Level 2 Intermediate Response: includes Level 1 services as well as clean up and material used (sorbents), minor hazardous clean up and disposal. We will bill at this level if the fire department has to clean up small amounts of gasoline or other fluids that are spilled as a result of the incident. Billed at $800 plus $50 per hour, per rescue person. Level 3 Advanced Response: includes Level 1 and Level 2 services as well as D.A.R.T. activation, donning breathing apparatus and detection equipment. Set up and removal of decontamination center, detection equipment, recovery and identification of material. Disposal and environment clean up. Includes above in addition to any disposal fees of material and contaminated equipment and material used at scene. Billed at $2,000 plus $50 per hour per rescue person, plus $100 per hour per HAZMAT team member. Level 4 Itemized Response: You have the option to bill each incident as an independent event with custom mitigation rates, for each incident using, itemized rates deemed usual, customary, and reasonable (UCR). These incidents will be billed, itemized, per trained rescue person, plus rescue products used. BACK COUNTRY OR SPECIAL RESCUE Itemized Response: each incident will be billed with custom mitigation rates deemed usual, customary and reasonable (UCR). These incidents will be billed, itemized per apparatus per hour, per trained rescue person per hour, plus rescue products used. Minimum billed $400 for the first response vehicle plus $50 per rescue person. Additional rates of $400 per hour per response vehicle and $50 per hour per rescue person. CHIEF RESPONSE This includes the set-up of Command, and providing direction of the incident. This could include operations, safety, and administration of the incident. Billed at $250 per hour. Ordinance No. 2010 — 2341 7 Recovery Costs for Emergency Services MISCELLANEOUS Engine billed at $400 per hour. Truck billed at $500 per hour. Miscellaneous equipment billed at $300. MITIGATION RATE NOTES The mitigation rates above are average "billing levels", and are typical for the incident responses listed, however, when a claim is submitted, it will be itemized and based on the actual services provided. These average mitigation rates were determined by itemizing costs for a typical run (from the time a fire apparatus leaves the station until it returns to the station) and are based on the actual costs, using amortized schedules for apparatus (including useful life, equipment, repairs, and maintenance) and labor rates (an average department's "actual personnel expense" and not just a firefighter's basic wage). The actual personnel expense includes costs such as wages, retirement, benefits, workers comp, insurance, etc. Ordinance No. 2010 — 2341 8 Recovery Costs for Emergency Services CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1, 2010 AGENDA ITEM NO. 18 .. EM TITLE: Resolution of the City Council of the City of National City Authorizing the Approval of Weed Abatement Public Hearing Findings. PREPARED BY: Robert Hernandez/Fire Marsha /c/& DEPARTMENT: PHONE: 336-4552 APPROVED BY: EXPLANATION: In accordance with the National City Municipal Code, 1.36.100, the City Council shall consider the Weed Abatement Report and Account together with any objections or protest by any parties interested in the same. At the conclusion of the hearing, the City Council shall by resolution either approve the Report and Account as submitted, or as modified or corrected by the City Council. The amounts so approved shall be liens upon the respective lots or premises In accordance with the National City Municipal Code, 1.36.110, a copy of the resolution required by section 1.36.100 shall be served on the responsible person, pursuant to the procedures set forth in the Section 1.36.030 not later than fifteen days after the date of adoption of such resolution. FINANCIAL STATEMENT: ACCOUNT NO. 001-12124-3561''. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt City Council Resolution Confirming Weed Abatement Public Hearing Report and Account. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Fixed Charges Special Assessments 2. Summary Report of Abated Properties Exhibit "A" — To be distributed separately. 3. Resolution RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING ASSESSMENT OF COSTS OF WEED ABATEMENT WHEREAS, the Chief of the Fire Department has filed with the City Clerk an assessment attached hereto as Exhibit "A" for the certain weed abatement work done under and pursuant to National City Municipal Code Chapter 1.36, adopted by the City Council on September 27, 1994; and WHEREAS, as required by Ordinance No. 2081, the City Clerk has given notice of the filing of the assessment and of the time for a hearing by the City Council, and an affidavit of posting of such notice has been made and is on file in the office of the City Clerk; and WHEREAS, at the time and place fixed in such notice, to -wit, June 1, 2010, a hearing was fully held by this City Council at which the report and account, and all written appeals, protests, or objections, if any, were duly presented and read, and all persons desiring to be heard thereon were heard, and the City Council gave all persons present an opportunity to be heard in respect to any matter relating to said work, to any act or determination of the Chief of the Fire Department, or to any matter relating to said work or the assessment or the proceedings, therefore; and WHEREAS, all such persons desiring to be heard have been heard by the City Council, and the City Council is fully informed in the premises. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby find, resolve, determine, and order as follows: That said hearing has been duly held; that each and every step of the proceeding prior to and including the hearing has been duly and regularly taken; that the City Council is satisfied with the correctness of the assessment, the proceedings and all matters relating thereto, and all protests, objections, or appeals be and the same are hereby overruled and denied, and the City Council does hereby confirm said proceedings and said assessment; that the City Council approve the report and account as submitted; and that the City Clerk is directed to file with the County Auditor of the County of San Diego, a certified copy of this Resolution. PASSED and ADOPTED this 1st day of June, 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Mike Della, City Clerk George H. Eiser, III City Attorney City of r nal City Weed Abatement Program 2010/2011 Fixed Charge Special Assessments 1 � � ,' Q j{ pp 14 i �k��. �`��,..h• 554 112 04 00 $1 ,271,78 235 S Harbison Ave National City 91950 Breen Bonnie N 235 S Harbison Ave National City CA 91950 557 101 28 00 $3,300.86 1348 E 6th St National City 91950 Miliaria Florencio D Est Of 3400 E 8th St #103 National City CA 91950 558 120 09 00 $1,685.78 2633 E 14th St National City 91950 Carl Hutchinson 2633 E. 14th St National City CA 91950 558 120 11 00 $1,713.22 2711 E 14th St National City 91950 Solano Leovigildo 2711 E 14th St National City CA 91950 561 412 20 00 $896.56 Grove St National City Ortega Jesus G 654 W Manor Dr Chula Vista CA 91910 4 hPk� e 1 Y "II �e,.. A �"Sl S.:Avd.. '1 � N �; �. ... �'+Yu, ,...':t S+e..... -i��. 1 � o`rl t� ,Y Y::'• �P�.�:.d A 1 • A Yv, Hv .fi {,1 IU L 44 i` ��I ._., �, �`,'k�iV, �iF' Total Parcels: 5 Total Assessrr $8,868.20 EXHIBIT "A" National L.ity Fixed Charge Special Assessments Tax Year 2010/2011 554 112 04 00 $725.00 $50.00 $20.00 $795.00 $64.78 $50.00 $20.00 557 101 28 00 $2,436.69 $50.00 $20,00 $2,506.69 $382.17 $50.00 $20.00 $275.00 $13.00 $275.00 $13.00 $54.00 $1,271.78 $0.00 $54.00 $3,300.86 $0.00 $1,271.78 02/27/2010 286 $3,300.86 07/10/2009 518 558 120 09 00 $1,096.24 $50.00 $20.00 $1,166.24 $107.54 $50.00 $20.00 $275.00 $13.00 $54.00 $1,685.78 $0.00 $1,685.78 01/22/2010 322 558 120 11 00 $1,110.00 $50.00 $20.00 $1,180.00 $121.22 $50.00 $20.00 $275.00 $13.00 $54.00 $1, 713.22 $0.00 $1,713.22 12/18/2009 357 561 412 20 00 $350.00 $50.00 $20.00 $420.00 $64.56 $50.00 $20.00 $275.00 $13.00 $54.00 $896.56 $0.00 $896.56 07/06/2009 522 Weed Abatement Program Fixed Charges Special Assessments 2010/2011 City of f nal City Weed Abatement Program 2010/2011 Fixed Charge Special Assessments 554 112 04 00 557 101 28 00 558 120 09 00 558 120 11 00 561 412 20 00 Total Parcels: Total Assess $1,271.78 53,300.86 $1,685.78 $1,713.22 $896.56 5 $8,868.20 235 S Harbison Ave National City 91950 1348 E 6th St National City 91950 2633 f 14th St National City 91950 2711' E 14th St National City 91950 Grove St National City Breen Bonnie N Miliaria Florencio D Est Of Carl Hutchinson Solano Leovlgildo Ortega. Jesus G 235 S Harbison Ave 3400 E 8th St #103 2633 E. 14th St 2711 E 14th St 654 W Manor Dr National City National City National City National City Chula Vista 91950 91950 91950 91950 EXHIBIT "A" National City Fixed Charge Special Assessments Tax Year 2010/2011 554 112 04 00 557 101 28 00 558 120 09 00 558 120 11 00 561 412 20 00 $725.00 $2,436.69 $1,096.24 $1,110.00 $350.00 $20.00 $20.00 $20.00 $20.00 $20.00 $795.00 $2,506.69 $1,166.24 $1,180.00 $420.00 $64.78 $50.00 5382.17 $50.00 $107.54 $50.00 $121.22 $50.00 $20.00 $20.00 $20.00 $20.00 $20.00 $50.00 $50.00 $50.00 $50.00 $50.00 $275.00 $275.00 $275.00 $275.00 $275.00 $13.00 $13.00 $13.00 $13.00 $13.00 $54.00 $54.00 $54.00 $54.00 $54.00 $1,271.78 $3,300.86 $1,685.78 $1,713.22 $896.56 $0.00 $0,00 $0.00 $0.00 $1,271.78 $3,300.86 $1,685.78 $1, 713.22 $896.56 02/27/2010 07/10/2009 01/22/2010 12/18/2009 07/06/2009 OE SUMMARY REPORT FOR APN 554-112-04-00 10/19/09 Received citizen complaint. 10/23/09 Initial inspection was made, property was found to be in violtion. 10/26/09 Mailed 30 day courtesy notice to the property owner. 12/02/09 Re -inspection was made, property was found to be in violation. 12/02/09 Posted property. 12/03/09 Mailed 10 day final notice to the owner, certified mail. 12/14/09 Final inspection was made, property was found to be in violon. 12/16/09 Verified ownership information with the County of San Diego. 01/13/10 Work order authorization signed by City Official. 01/13/10 Certified notice return mail "unclaimed". 01/27/10 F.P.S.I. crews abated the property. 01/29/10 The owner was mailed a bill at our contracted rates. 02/16/10 The owner was mailed a final bill. 02/27/10 A Notice of Abatement was filed on the property. The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. CITY OF NATIONAL CITY FIRE DEPARTMENT 140 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner: Breen Bonni N Address: 235 S Hart; on Ave National -City, CA 91950 Parcel Number: 554 112 04 00 Date: 10/26/2009 Location of Public Nuisance: 235 S Harbison Ave National City 91950 Instructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within thirty (30) days of 10/26/2009. **Your failure to comply with this order will result in the City having your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36). A $350.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Depart nent, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING RARE, THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance;, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL. CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City Municipal Code 9.12.010 Public Nuisance Declared —In General Any of the following conditions are hereby declared to constitute a public nuisance: A- When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous nr explosive materials or dangerous accumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger life or propert'- or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced: or finds that any provision of the Uniform Fire Code is being violated. B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National City Municipal Code 9.12.020 Public Nuisance Declared —Weeds and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include the following: A. Weeds which bear seeds of a downy or wingy nature. B. C. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. Weeds which are otherwise noxious or dangerous. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E. Dry grass, stubble, brush, Inter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National City Municipal Code 136.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a ncighbort,uod, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Municipal Code 136.060 Abatement— Appeal— Hearing Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. f you should have any questions, please feel free to call this number: 1-866-779-3774 usted tienealguna pregunta, por favor Ilame al aumero: 1-866-779-3774 Sa anumang katanungan, tumawag lung po sa numerong ito: 1-866-779-3774 Sincerely yours in public safety, "You have the right to appeal this matter to the City Council within ten (I 0) days of the receipt of this notice. 1-866-779-3774 ext. 311 or http:tfireprevention.net the appeal shall be in writing and filed with the City Clerk. (NCMC 1.36.050) ***Fire Prevention Services, Inc. is under contract with the City of National City. •* e / Fire Prevention Services*1� NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? No DO YOU UNDERSTAND THE INSTRUCTIONS FOR ABATEMENT? Yes HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? No Yes CALL FIRE PREVENTION 1-866-779-3774 http://fireprevention.net CALL FIRE PREVENTION FOR RE -INSPECTION. 1-866-779-3774 http://fireprevention.net PROPERTY OWNERS ARE RESPONSIBLE FOR MAINTAINING HAZARD ABATEMENT ON A YEAR ROUND BASIS. HAVE YOU THOROUGHLY READ THE ABATEMENT Yes INSTRUCTIONS WOULD YOU LIKE THE CITY TO ABATE THE HAZARD FOR YOU? No IF NOT ABATED WITHIN TIME SPECIFIED THE OWNER WILL BE CHARGED A $350.00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WILL ABATE THE OWNER WILL BE BILLED FOR ALL COSTS Yes Yes IF YOU DO NOT UNDERSTAND INSTRUCTIONS CALL FIRE PREVENTION. 1-866-779-3774 http://fireprevention.net CALL FIRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 1-866-779-3774 http://fireprevention.net CALL FIRE PREVENTION FOR ARRANGEMENTS. 1-866-779-3774 http:/Ifireprevention.net IF ARRANGEMENTS ARE MADE PRIOR TO CITY ABATING HAZARD, THE ADMINISTRATIVE FEE MAY BE WAIVED. 333 E. 16th Street : National City, CA : 91950-4596 CITY OF NATIONAL CITY SCHEDULE OF FEES Tractor Mowing A. per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. Per square foot over one acre $ 00.02 2. Hand Labor A. per square foot of area abated $ 00.10 3. Dozer Operation A. hourly rate $150.00 B. move -on fee $150.00 4. Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) 5. Administrative Fee (failure to comply with final notice) A. per parcel $350.00 6. Attorney Services A. per parcel, per hour $200.00 7. Assessment Fees (includes preparing reports, attending hearings, etc.) A. Cost confirmations fee, per parcel $275.00 8. Miscellaneous Fees A. special inspection fee $ 50.00 B. abatement lien $ 50.00 C. Interest on lien (apr) 10% D release of abatement lien $ 50.00 E. public notary $ 20.00 F. File duplication fee $ 50.00 G. Unscheduled Labor per man hour $ 50.00 H. unscheduled fees (reimbursement of cost) CITY OF NATIONAL CITY FIRE DEPARTMENT 140 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE Owner: Breen Bonnie N Address: 235 S I-larbison Ave National City, CA 91950 Parcel Number: 554112 04 00 Date: 12/3/2009 COFY Location of Public Nuisance: 235 S Harbison Ave National City 91950 Instructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within ten (10) days of 12/3/2009. "Your failure to comply with this order will result in you being charged the administrative fee and the City having your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36). A S350.00 administrative fee will be charged in addition to the contractor's fees to dean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Firc Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING RARE, TIIREATENED OR ENDANGERED SPECIES" f you have previously received a notice from the Califomia Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have ocr'nrred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City Municipal Code 9.12_010 Public Nuisance Declared —In General Any of the following conditions are hereby declared to constitute a public nuisance: When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous :cumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which arc so situated as to endanger life or property; or ids obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of the occupants of such building of premises, or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or finds that any provision of the Uniform Fire Code is being violated B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National City Municipal Code 9.12.020 Public Nuisance Declared —Weeds and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include the following: A B. C. D. E. Weeds which bear seeds of a downy or wingy nature. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. Weeds which are otherwise noxious or dangerous. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. Dry Bass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National City Municipal Code 136.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Municipal Code 136.060 Abatement— Appeal— Hearing Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. If you should have any questions, please feel free to call this number: 1-866-779-3774 usted tienealguna pregunta, por favor (lame al numero: 1-866-779-3774 anumang katanungan, tumawag lang po sa numerong ito: 1-866-779-3774 Sincerely yours in public safety, 1-866-779-3774 ext. 311 or httpr//fireprevention.net Fire Prevention Services*'" rev. 03/27/06. 0424/06, 0621/06 "You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. The appeal shall be in writing and fled with the City Clerk (NCMC 1.36.050) "'Fire Prevention Services, Inc. is under contract with the City of National City. 1 NATIONAL CITY FIRE DEPT. 1243 National City Boulevard National City, CA 91950-4596 IAi IrjNAL CITY CA 91450 40.44 0020 42.80 113 42.30 QC: $0.00 45.54 1Z'ri3/2009 554 112 04 00 Breen Bonnie N 235 S Harbison Ave National City CA *NC 91950 i h i i i i ?009 0960 0000 5 Owner: Breen onnie N Address: 235 Harbison Ave National City, CA 91950 Parcel Number: 5 Date: 12/3/2009 L� Gr 3 Q 1000 k. Ap R- �NSr 91950 4fj�R Rfp fa4ft�c�ipr Location of Public Nuisance: 235 S Harbison Ave National City 91'' 'B....1N.1...I.I.11 ..... 1.1...11.1.1.I...I..II..I.I...►1.1 U.S. AID STAGE EL CRJON.CA 92020 OEC 03.'09 RMOUNT $5,51 00087781 03 12/02/09 POSTING 12/14/09 Final Inspection 12/02/09 Re -Inspection 12/14/09 Final Inspection 112/14/09 Final Inspection 1 1" • CITY OF NATIONAL CITY FIRE DEPARTMENT 333 E. 16th St.: NATIONAL CITY, CA. 91950-4596 WORK ORDER AUTHORIZATION Owner: Breen Bonnie N Address: 235 S Harbison Ave National City, CA 91950 Parcel #554 112 04 00 Authorization # 2275 Job location:235 S Harbison Ave National City 91950 c Authorized b � l7_ �� (1ltnrk; /', Signa Date: 1-1 5 1 0 WHEN SIGNED THIS DOCUMENT ALLOWS RIGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. METHOD OF CLEARING Entire Parcel Hand Cutting: � �>p sq. ft. Fire Break Removal: Tractor Mowing: 'J sq. ft. Discing: cu. yds. sq. ft. Crew Type: Type: - Type: Type: CREW INFORMATION Date ID Notes: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) 06 55., SAN DIEGO COUNTY ASSESSOR'S MAP 00OK 554 PACE 11 18 17 016 3 `Y to ,2 VO 1 FOURTH HARBISON ..; 2ND S1 w 37 e •z�'S0 2,5�j. c7S 725 33 s 0.54 AO j •• = l �43 `l} 11 to , 44 IRIS NAP I�AON SATEYPonIBBd910R Aim ORDINANCES. ST. _ MAP 2475—RANCHO HILLS UNIT 5 02/20/2005 EX CHANGES 112 CUT 1285 rror( space ror diagrams and arnountpof work done �f s Hand Sq, Tr�ccor Sa. Fr Total Removal _Pc_OL. vil, p re-( I3,0 �t r ( r t i i ox s=3150 kIN Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 401-1863 : fax (619) 445-6336 http://fireprevention.net 1/29/2010 Breen Bonnie N 235 S Harbison Ave National City, CA 91950 Parcel # 554 112 04 00 Location: 235 S Harbison Ave National City 91950 Dear Breen Bonnie N, This letter is to inform you that the Public Nuisance on the above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services was contracted by the City of National City to help reduce Public Nuisances and potential fire violations thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36. The charges thus far total $725.00. You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this bill may result in the filing of an abatement lien upon your property. Please make your check payable to Fire Prevention Services and include the Parcel # 554 112 04 00 on the check. If you have any questions please call us direct at 619-401-1863. Sincerely, Fire Prevention Services, Inc. rev.05/ I9/06 NATIONAL CITY SCHEDULE OF FEES _Tractor Mowing quantity sub total per parcel, sized 1 to 7,500 square feet $250.00 ,�. per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. per square foot over one acre $00.02 sq. ft. Hand Labor A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee $0.10 $150.00 $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $38.00 x B. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) A. per parcel 3750 sq. ft. 375.00 $350.00 1 _ ___irney Services A. per parcel, per hour $200.00 Assessment Fees (includes preparing reports, attending hearings, etc.) A. cost confirmation fee, per parcel Miscellaneous Fees Per Parcel A. special inspection fee B. abatement lien C. Interest on lien (apr) D. release of abatement lien E. public notary F. file duplication fee G. unscheduled Labor per man hour H. unscheduled fees FILE # 2275 APN # 554-112-04-00 $275.00 $50.00 $50.00 10% $50.00 $20.00 $50.00 $50.00 (reimbursement of cost) TOTAL $ 725.00 cu.yds = 350.00 ! 7 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 401-1863 : fax (619) 445-6336 http://fireprevention.net Final Bill 2/16/2010 Breen Bonnie N 235 S Harbison Ave National City, CA 91950 Ref Parcel # 554 112 04 00 Dear Breen Bonnie N, This is a reminder of the letter we sent you on 1/29/2010 and we have not received payment in the amount of $725.00 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law, costs for such action will be added to your total amount Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 554 112 04 00 on the check. Should you need to discuss this matter you may contact us at (619) 401-1863. Sincerely, Fire Prevention Services, Inc. rev.05/ 19/06 RECORDING REQUESTED BY Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 (619) 562-1058 fax (619) 445-6336 AND WHEN RECORDED MAIL, TO Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 DOC # 2010-0099968 III[IIIIIf11II111111111111111111181IIIIII11I111I!I1111111111Ill!fIII MAR 01, 2010 1:21 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 0 00 PAGES: 11111111111110111111313111111111111111111.111111111 NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist, and WHEREAS such violation was ordered abated on 1/13/2010, and WHEREAS representatives of the National City Fire Department abated the violation(s) on 1/27/2010, and WHEREAS the charge for such abatement amounted to $795.00; THEREFORE be it known that an abatement obligation exists on the property regardless of owner until paid. The current owner of the property is Breen Bonnie N at 235 S Harbison Ave, National City, CA 91950 described as follows: APN # 554 112 04 00 ADDRESS: 235 S Harbison Ave National City 91950 LEGAL DESCRIPTION: Rancho Hills Unit 5 S 17 Ft Lot 38& /Exc S 51 Ft/ Lot 39 This abatement obligation shall attach to the property, not the owner, and after confirmation by the City Council shall become a special assessment on the property tax bill. If not paid pursuant to State Law and State Tax Lien Law, the property may be sold to satisfy that obligation. The amount of such claim shall be $795.00 plus interest and other costs which may hereafter become due. This filing does not preclude the filing of legal action for collection. Should such ions be required or determined to be appropriate, reasonable legal fees will be incurred and added to said obligation. DATED: February 27, 2010 State of California ) SS. County of San Diego BY: Ken Osborn, Fire Prevention Services, Inc., Designee for National City Fire Department Certificate Of Acknowledgement On February 27, 2010 before me, Gavin James Broatch, Notary Public, personally appeared Ken Osborn, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. /ITNESS m? d and official seal. 6AVIN JAMES 8R0ATCH 0 . l3� comm. # 1823129 I7'iLS� ' r g i NOTARY PUBLIC - CALIFORNIA Ii 1�1✓ SAN DIEGO COUNTY 0 CO11M. EXPIRES NOV. 1R, 2012 "t` (Seal) 2/ SUMMARY REPORT FOR APN 557-101-28-00 05/13/09 Received citizen complaint. 03/11/09 Initial inspection was made, property was found to be in violation. 03/12/09 Mailed 30 day courtesy notice to the property owner. 04/14/09 Re -inspection was made, property was found to be in violation. 04/14/09 Posted property. 04/15/09 Mailed 10 day final notice to the owner, certified mail. 04/17/09 Received signed certified return receipt. 04/28/09 Final inspection was made, property was found to be in violation. 05/06/09 Verified ownership information with the County of San Diego. 05/13/09 Work order authorization signed by City Official. 06/15/09 F.P.S.I. crews abated the property. 06/16/09 The owner was mailed a bill at our contracted rates. 07/06/09 The owner was mailed a final bill. 07/10/09 A Notice of Abatement was filed on the property. The list of Fixed Charge Special Assessments [EXHIBIT "A"] and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. 22- CITY OF NATIONAL CITY FiRE, DEPARTMENT 140 E. 12th St. : Suite A : NATIONAL CiTY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner: Millarie Florencio 1) Est Of Address: 3400 E 8th St 1 103 National City, CA 91950 Date: 3/12/2009 Parcel Number: 557 101 2R 00 COPY Location of Public Nuisance: 1348 E 6th St National City 91950 instnictions for Abatement: Please remove "any and all" combustible materials, discarded furniture and appliances, trash, piles of debris from entire property. You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within thirty (30) days of3/12/2009. "Your failure to comply with this order will result in the City having your property cleaned by the City's contractor at Tour expense (per National City Municipal Code Chapter 1.36). A S350.00 administrative fee will he charged in addition to the contractor's fees to clean the properly (per Resolution number 94.97). Violations are also subject to prosecution as misdemeanors Guideli,ie For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or crnnhnslible growth which is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cuttings are to be removed from die property and disposed of property. Vegetation is to he cut within two (2) inches of the ground. "NOTICE REGARDING RARE,TI1REATF.NF.D OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of fish and Game or the Ii.S. Fish and Wildlife Services that rare, Threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for Mel break clearance. YOU MUST NO3 iFY BOTH AGENCIES AND TIIE NATIONAL CITY FiRE DEPARTMENT IN WRITING AT LEAST TEN (I0) DAYS PRIOR TO REC;INNING VEGETATION CI FARiNG. IF THESE AGENCIES FAIL TO OBJECTOR NOTIFY YOV OF ANY .ALTERNATIVE PROCEDURES WITTiIN Tl1OSE TEN (10) DAYS- YOII MAY TIIEN PROCEED TO CI .EAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City Municipal Code 9.12.610 Public Nuisance Declared —In General Any of the following conditions are hereby declared to constitute a public ,,teener: When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous lations of rubbish; or unnecessary accumulations of wastepaper. poxes, shavings, or any hirjdv flammable materials which are so situated as to endanger life or property, or structions to or on fire escapes, stairs, passageways. doors or windows that reasonably lend to interfere with the operations of the fire department or the egress of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or anv fire separation wall is reduced; or finds that any provision of the Uniform Fire Code is being violated. l3_ When the Fire Chief or his/her designee deems any chimney, smokestack. stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building strucltve or premises not specifically mentioned in the Uniform Fire Coda to he defective or unsafe so as to create a hazard. C. When the Fire Chief or his'h.r designee finds anv condition which in hisher judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly- engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National City 'Municipal Code 9.12.1120 Public Nuisance Declared --Reeds and Other ilanmiable Materials All weeds, growing or located upon streets. sidewalks or private property arc hereby declared to be a public nuisance For the purposes of this chapter, "weeds" shall include the following: Weeds which bear seeds of a downy or wingy nature. E. Dry grass, stubble, brush, litter. or other flammable material which endangers the public safety by creating a tire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National City Municipal Code 136.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and 'or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health. safety and welfare or which significantly obstructs. injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the sonic meaning as sei forth in California Civil Code Section 3179_ National City 'Municipal Code 136.060 Abatement-- Appeal-- hearing Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council_ Such appeal shall he in writing and shall be tiled with the City Clerk. If you should have any questions, please feel free to call this number: 1-866-779-3774 tienealguna pregnnta, por favor Uame al numero: 1-866-779-3774 ang katanungan, tumawag tang po sa numcrong ito: 1-866-779-3774 11. Sa^e as`,r--ehaparral; and ,,,y "flu, h,,nh UT weeds which attain such large growth as to become. when dry, a lire menace to adjacent improved propene. C. Weeds which are otherwise noxious or dangerous_ D. Poison oak and poison Ivy when the conditions of growth are such as to constitute a menace the the public health. Sincerely yours in public safety, ttYou have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. i -866-779-3774 ext. 311 or http://fireprevention-net The appeal shall he in writing and filed with the City Clerk (NCMC I.36.050) "Tire Prevention Services, inc. is under contract with the City of National City. Fire Prevention Services*** -.. ra,rnc 23 NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes 4, HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? Nfo t DO YOU UNDERSTAND THE INSTRUCTIONS FOR ABATEMENT? Yes 1 HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? No Yes CALL FIRE PREVENTION 1-866-779-3774 http://fireprevention.net CALL FIRE PREVENTION FOR RE -INSPECTION. 1-866-779-3774 http://fireprevention.net PROPERTY OWNERS ARE RESPONSIBLE FOR MAINTAINING HAZARD ABATEMENT ON A YEAR ROUND BASIS_ HAVE YOU THOROUGHLY READ THE ABATEMENT INSTRUCTIONS No 1 WOULD YOU LIKE THE CITY TO ABATE THE HAZARD FOR YOU? No 4, IF NOT ABATED WITHIN TIME SPECIFIED THE OWNER WILL BE CHARGED A $350.00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WILL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Yes Yes Yes IF YOU DO NOT UNDERSTAND INSTRUCTIONS CALL FIRE PREVENTION. 1-866-779-3774 http://fireprevention.net CALL FIRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 1-866-779-3774 http://fi reprevention. net CALL FIRE PREVENTION FOR ARRANGEMENTS. 1-866-779-3774 http://fireprevention.net IF ARRANGEMENTS ARE MADE PRIOR TO CITY ABATING HAZARD, THE ADMINISTRATIVE FEE MAY BE WANED. 333 E. 16th Street : National City, CA : 91950-4596 CITY OF NATIONAL CITY SCHEDULE OF FEES Tractor Mowing A. per parcel, sized 1 to 7,500 square feet B. per parcel, sized 7,501 to 15,000 square feet C. per parcel, sized 15,001 square feet to 30,000 square feet D. per parcel, sized 30,001 square feet to one acre E. Per square foot over one acre 2. Hand Labor A. per square foot of area abated 3. Dozer Operation A. hourly rate B. move -on fee $250.00 $325.00 $400.00 $450.00 $ 00.02 $ 00.10 $150.00 $150.00 4. Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) Administrative Fee (failure to comply with final notice) A. per parcel 6. Attorney Services A. per parcel, per hour Assessment Fees (includes preparing reports, attending hearings, etc.) A. Cost confirmations fee, per parcel Miscellaneous Fees A. special inspection fee B. abatement Iien C. D E. F. G. I -I. Interest on lien (apr) release of abatement lien public notary File duplication fee Unscheduled Labor per man hour unscheduled fees $350.00 $200.00 $275.00 $ 50.00 $ 50.00 10% $ 50.00 $ 20.00 $ 50.00 $ 50.00 (reimbursement of cost) CITY OF NATIONAL CITY FIRE DEPARTMENT 140 E. l2th St. : Suite A : NATIONAL CITY, CA. 91950-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE Owner: Millarie Florencio D Est Of Address: 3400 E 8th St # 103 National City, CA 91950 Date: 4/15/2009 Parcel Number: 557 10( 28 00 COPY Location of Public Nuisance: 1348 E 6th St National City 91950 Instructions for Abatement Please remove "anv and all" combustible materials, discarded furniture and appliances, trash, piles of debris from entire property. You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within ten (10) days of 4/15/2009. **Your failure to comply with this order will result in you being charged the administrative fee and the City having your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36). A $350.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protection of fife and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cuttings are to he removed from the property and disposed of properly- Vegetation is to he cut within two (2) inches of the ground "NOTICE REGARDING RARE, THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the Calilbrnia Department of Fish and Name or the L I.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IE !ESE AGENCIES FAIL TO OBJECTOR NOTiF YOU OF ANY ALTERNATIVE PROCEDURES WITIIIN TiIOSE TEN (10) DAYS. YOU MAY TIIEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties National City Municipal Code 9.12.010 Public Nuisance Declared —in General Any of the following conditions are hereby declared to constitute a public nuisance: A When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous •ceumulations of rubbish; or unnecessary accumulations of wastepaper. boxes, shavings. or any highly flammable materials which are so situated as to endanger life or property, (s obstructions to or on fire escapes. stairs, passageways. doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of . _cupants of such building of premises: or finds that the clrectiveness of any exit door, attic separation or any tire separation wail is reduced; or finds that any provision of Uniform Fire Code is being violated. B When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, fihmace or other healing device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building. structure or premises not specifically mentioned in the Uniform l'ire Code, to be defective or unsafe so as to create a hazard. C. When the Eire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct delay, hinder or interfere with the operations of the lire department or the egress of occupants in the event of lire, National City Municipal Code 9.12.020 Public Nuisance Declared —Weeds and Other Flammable Materials .All weeds. growing or located upon streets sidewalks or private property are hereby declared to he a public nuisance For the purposes of this chapter, "weeds" shall include the fol lowing: .A. Weeds which bear seeds of a downy or wingy nature. B Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. Weeds which are otherwise noxious or dangerous. D Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. Di- Dry grass, stubble, brash, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned fbr single and multiple residence purposes. National City Municipal Code 1.36.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code. and/or and condition caused, maintained or pemiitted to exist winch constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Municipal Code 1.36.060 Abatement-- Appeal-- Hearing Within ten (10) days from the date of posting, mailing or personal service of the required notice. the owner or person occupying or controlling such lot ur premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Cferk- If you should have any questions, please feel free to call this number: 1-866-779-3774 Si listed tienealgana pregunta, por favorllame al nnmero: 1-866-779-3774 'a anumang I:atanungan, tutnawag lang po sa numerong itu: 1-866-779-3771 ..aicerely yours in public safety, 1-866-779-3774 ext. 311 or http://fireprevention.net Fire Prevention Services*** rev. 03R7/06, 04/24/06, 06/21/06 ** You have the right to appeal this matter to the City Council within len (10) days of the receipt of this notice The appeal shall be in writing and filed with the City Clerk. (NCMC 1.36.050) **`Fire Prevention Services, Inc. is under contract with the City of National City. 0000 8606 7663 7008 2810 U.S. Postal Service, CERTIFIED MAIL , RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our:website at www.usps.comv. Pcsta Certified free Relyrn Receipt Fee (Endorse;neni Required) Restricted Delivery Fee (Endorsement Required! Total Sent 7. $treef, or PC City S $0.42 $2.70 $2.20 $0.00 5.32 557 101 28 00 Millarie Florencio D Est Of 3400 E 8th St #103 National City CA Nc 91950 Complete items 1, 2, and 3. Also complete A. signature f , Item 4 if Restricted Delivery is desired. / }' Print your name and address on the reverse (X / ' 1LW� so that we can return the card to you. ❑ bent ❑ Addressee Attach this card to the back of the maiipieee, B. Received by(Prtn C. Date of Delivery or on the front if space permits. Nit-0 f u,LA- 6A D. is delivery address different from Item 1? 0 Yes if YES, enter delivery address below: 0 No Article Addressed to: "7 101 28 00 e Florencio D Est Of 8thSt#103 National City CA NC 91950 3. service type ❑ Certified Mail Cl Registered ❑ Insured Mail Q Express Mau D Return Receipt for Merchandise C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes Article Number (Transfer from service label) 7008 2810 0000 8606 7663 Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154a 27 NATIONAL CITY FIRE DEPT. • 1243 National City Boulevard NATIONAL CITY, CA 91950-4596 6 Di1;4.) c: 21 IMPOltrAWV, +I /I /I I.. HAZARD ABATEMENT NOTICE 44 I tv 7774/ 5 r: Millarie Fl cio D Est Of ress' 3400 E 8th St I 03 National City, 91950 iion of'Public Nuisance: Parcel Niikor Date: 3/12/2009 NIXIE 48 E 6th St National City 91950 i SSD-WI *6604 sos ElOt 921 CC I RETURN TO SMNOER ATTMMP7M0 - NOT KNOWN UNADLE 70 FORWARD 00 0011Z/09 919.5045S$99 *2104-10322-12-37 1111,11,11/1,1wIt1il1miltrls1,1110m1),11)1Alri1 u11 04/14/09 Re -Inspection 04/14/09 Re -Inspection 04/14/09 Re -Inspection CITY OF NATIONAL CITY FIRE DEPARTMENT Tractor Mowing: Crew Type: a/kal 0307v Type: Z(61., " C14)'�J Type: Type: 333 E. 16th St.: NATIONAL, CITY, CA. 91950_4596 WORK ORDER AUTHORIZATION Owner: Millarie Florencio D Est Of Address: 3400E 8th St #103 National City, CA 91950 Parcel #557 101 28 00 Authorized by e {- 4 yj Authorization ti 2067 Job location:1348 E 6th St National City 91950 Date: ` IZl7 WHEN SIGNED THIS DOCUMENT ALLOO S RIGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR TH E PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. METHOD OF CI FARING Entire Parcel Fire Break Hand Cutting: /40' 1 sq. ft. teal 0 sq. ft. Removal: cu. yds. Discing: q. �-0 / 23 Notes: Please remove "any and all" combustible materials, discarded furniture and appliances, trash, piles of debris from entire property. Ub ED SAN DIECq COUNTY ASSESSORS MAP BOOK 557 PACE 10 t 1, OP STY t � PAR 0� 24 � • 1! V` It ' '?C� �• 27 r 1�� •i e ® Y N © 1 s ��-i. •4. J ""• ' nes 4k, ° VIE h +R Af 4JJ•e�. T" hln� 1, t . :w... O• Nri•e4"4"f SO ••>, •�� PAR.1 4 PAR 2$ PMt5038 •�� le a PAR. 2 1.03 AC.�w PM 13D59 r >s >,•o4•ra••O 3 8 >N ,aaer f0 A •••••uw•• • [I YU FlOT COtPLY 'MTRNAyV00(.AL 18UBONIeHON ORE DUI ggeGWMNA TV IB I • <O• • • i.. • .• w • 1�I 14, 2 i e 557-10 ED 1"=100' C2/17/2004 EX 0 CHANGES SLK OLD NEW f9 CUT /0/ 7 27•74. 74 .7781 /07 4 at H 74 44,7 1,0, 2, Ysltf 79 629 /Ot f/20.1ter�' 79 031 lar 0.74.99.4 31 79 13.11 ,0, /e j20379496 /0/ 31131 J4 gt„ozP7 /42 6 7/if, I. /,,Bari 4,2 /7//2, 22/23 .46 .97/ :22 20177 74.1. pt3 154G 1102 i jj ZS 02 1914 102 12411 204[22 04 ' 384 MAP 166 — RHO DE LA NACION — POR QSEC 131 ROS 1850,9201 CANC 4. Hand Sq. Ft.: 2 OQ.. Tr-1105r S. Pt,: 30x. 1200sc-` Work space fordiagrpms and amountrof work done Total Rcrnovai Cu. Yds 11-- &I y og J65, Y8 06/15/09 Photo 3 06/15/09 Photo 4 06/15/09 Photo 1 06/15/09 Photo 2 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 401-1863 : fax (619) 445-6336 http://fireprevention.net 6/16/2009 Millarie Florencio D Est Of 3400 E 8th St #103 National City, CA 91950 Parcel # 557 101 28 00 Location: 1348 E 6th St National City 91950 Dear Millarie Florencio D Est Of, This letter is to inform you that the Public Nuisance on the above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services was contracted by the City of National City to help reduce Public Nuisances and potential fire violations thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36. The charges thus far total $2,436.69. You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this bill may result in the filing of an abatement lien upon your property. Please make your check payable to Fire Prevention Services and include the Parcel # 557 101 28 00 on the check. If you have any questions please call us direct at 619-401-1863. Sincerely, Fire Prevention Services, Inc. rev.05/ 19/06 NATIONAL CITY SCHEDULE OF FEES Tractor Mowing per parcel, sized 1 to 7,500 square feet B. per parcel, sized 7,501 to 15,000 square feet C. per parcel, sized 15,001 square feet to 30,000 square feet D. per parcel, sized 30,001 square feet to one acre E. per square foot over one acre Hand Labor A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee $250.00 $325.00 $400.00 $450.00 $00.02 $0.10 $150.00 $ 150.00 quantity sub total sq. ft. 1200 sq. ft. 120.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $38.00 X 47.39 cu.yds —1800.82 B. dump fees (reimbursement of cost) 165.87 Administrative Fee (failure to comply by deadline of notice) A. per parcel Attorney Services A. per parcel, per hour Assessment Fees (includes preparing reports, attending hearings, etc.) A. cost confirmation fee, per parcel Miscellaneous Fees Per Parcel A. special inspection fee B. abatement lien C. Interest on lien (apr) D. release of abatement lien E. public notary F. file duplication fee G. unscheduled Labor per man hour H. unscheduled fees $350.00 1 $200.00 $275.00 $50.00 $50.00 10% $50.00 $20.00 $50.00 $50.00 (reimbursement of cost) FILE # 2067 APN # 557-101-28-00 TOTAL $2436.69 350.00 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 401-1863 : fax (619) 445-6336 http://fireprevention.net Final Bill 7/6/2009 Millarie Florencio D Est Of 3400E 8th St #103 National City, CA 91950 Ref: Parcel # 557 101 28 00 Dear Millarie Florencio D Est Of, This is a reminder of the letter we sent you on 6/16/2009 and we have not received payment in the amount of $2,436.69 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law, costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 557 101 28 00 on the check. Should you need to discuss this matter you may contact us at (619) 401-1863. Sincerely, Fire Prevention Services, Inc. rev.05/I 9/06 RECORDING REQUESTED BY Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 (619) 562-1058 fax (619) 445-6336 AND WHEN RECORDED MAIL TO Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 I 1 DOC II# I20+ 09+i-0t +408823 1 IIIIIIII III IIIII IIIII IIIII IIIII IIIII IIIII 1'lll Illil IIIII II1I' 1111 IIII JUL 23, 2009 1:09 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER. COUNTY RECORDER FEES7 0.00 PAGES: 1 11111111111110111111111111111111113111 NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist, and WHEREAS such violation was ordered abated on 5/13/2009, and WHEREAS representatives of the National City Fire Department abated the violation(s) on 6/15/2009, and WILEREAS the charge for such abatement amounted to $2,506.69; THEREFORE be it known that an abatement obligation exists on the property regardless of owner until paid. The current owner of the property is Millarie Florencio D Est Of at 3400 E 8th St #103, National City, CA 91950 described as follows: APN # 557 101 28 00 ADDRESS: 1348 E 6th St National City 91950 LEGAL DESCRIPTION: Pm 07125 Par 2 This abatement obligation shall attach to the property, not the owner, and after confirmation by the City Council shall become a special assessment on the property tax bill. If not paid pursuant to State Law and State Tax Lien Law, the property may be sold to satisfy that obligation. The amount of such claim shall be $2,506.69 plus interest and other costs which may hereafter become due. This filing does not preclude the filing of legal action for collection. Should such actions be required or determined to be appropriate, reasonable legal fees will be incurred and added to said obligation. DATED: July 10, 2009 State of California ) SS. County of San Diego BY: Ken Osborn, Fire Prevention Services, Inc., Designee for National City Fire Department Certificate Of Acknowledgement On July 10, 2009 before me, Gavin James Broatch, Notary Public, personally appeared Ken Osbom, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES 1 y hand and official seal. i•eelfa . " - >% GAVIN JAMES BROATCH COMM. # 1823129 i RSANYPUBLIC - Ili D EGO COUNTY �0 (Seal) COMM. EXPIRES NOV. 18, 2012 '� SUMMARY REPORT FOR APN 558-120-09-00 08/27/09 Received citizen complaint. 08/27/09 Initial inspection was made, property was found to be in violation. 10/15/09 Mailed 30 day courtesy notice to the property owner. 11/17/09 Re -inspection was made, property was found to be in violation. 11/18/09 Posted property. 11/18/09 Courtesy notice returned mail "unable to forward". 11/18/09 Mailed 10 day final notice to the owner, certified mail. 12/01/09 Final inspection was made, property was found to be in violation. 12/02/09 Certified notice return mail "unable to forward". 12/03/09 Verified ownership information with the County of San Diego. 12/10/09 Work order authorization signed by City Official. 12/16/09 F.P.S.I. crews abated the property. 12/17/09 The owner was mailed a bill at our contracted rates. 12/22/09 Received bill returned mail "unable to forward". 01/08/10 The owner was mailed a final bill. 01/21/09 Received final bill returned mail "unable to forward". 01 /22/ 10 A Notice of Abatement was filed on the property. The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. CITY OF NATIONAL CITY FIRE DEPARTMENT 140 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner: Carl Hutchinson Parcel Number: 558 120 09 00 Address: 2633 E. 14th St Date: 10/15/2009 National City, CA 91950 Cepy Location of Public Nuisance: 2633 E 14th St National City 91950 Instructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) Clearance of properties shall be accomplished by methods that will not disturb native soil or root stock. Grading shall not be used to clear or abate the noted hazard. Please remove and any and all dead trees and dead fronds from palm trees. E. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes_ National City Municipal Code 136.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Municipal Code 136.060 Abatement— Appeal— Hearing n ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected m2 appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. If you should have any questions, please feel free to call this number: 1-866-779-3774 Si usted tienealguna pregunta, por favor (lame al numero:1-866-779-3774 Sa anumang katanungan, tumawag tang po sa numerong ilo: 1-866-779-3774 You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within thirty (30) days of 10/15/2009. **Your failure to comply with this order will result in the City having your property cleared by the City's contractor at your expense (per National City Municipal Code Chapter 1.36). A S350.00 administrative fee will be charged in addition to the contractor's foes to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground "NOTICE REGARDING RARE, THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break dearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THre " 'TlCE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National Citv Municipal Code 9.12.010 Public Nuisance Declared —In General Any of the following conditions are hereby declared to constitute a public nuisance: A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous accumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger life or property; or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or finds that any provision of the Uniform Fire Code is being violated. B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace Of other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the ev:nt of fire. National City Municipal Code 9.12.020 Public Nuisance Declared —Weeds and Other Flammable Materials All wing weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include the A. Weeds which bear seeds of a downy or wingy nature. B. C. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? No DO YOU UNDERSTAND THE INSTRUCTIONS FOR ABATEMENT? Yes HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? Yes CALL FIRE PREVENTION 1-866-779-3774 http://fireprevention.net CALL FIRE PREVENTION FOR RE -INSPECTION. 1-866-779-3774 http://fireprevention.net PROPERTY OWNERS ARE RESPONSIBLE FOR MAINTAINING HAZARD ABATEMENT ON A YEAR ROUND BASIS. HAVE YOU THOROUGHLY READ THE ABATEMENT Yes INSTRUCTIONS No WOULD YOU LIKE THE CITY TO ABATE THE HAZARD FOR YOU? No ti IF NOT ABATED WITHIN TIME SPECIFIED THE OWNER WILL BE CHARGED A $350.00 ADMINISTRATIVE FEE. PLUS ARE PREVENTION WILL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Yes Yes IF YOU DO NOT UNDERSTAND INSTRUCTIONS CALL FIRE PREVENTION. 1-866-779-3774 http://fireprevention.net CALL ARE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 1-866-779-3774 http://fireprevention.net CALL FIRE PREVENTION FOR ARRANGEMENTS. 1-866-779-3774 http://fireprevention.net IF ARRANGEMENTS ARE MADE PRIOR TO CITY ABATING HAZARD, THE ADMINISTRATIVE FEE MAY BE WAIVED. 333 E. 16th Street : National City, CA : 91950-4596 CITY OF NATIONAL CITY Tractor Mowing A. per parcel, B. per parcel, C. per parcel, D. per parcel, E. Per square SCHEDULE OF FEES sized 1 to 7,500 square feet sized 7,501 to 15,000 square feet sized 15,001 square feet to 30,000 square feet sized 30,001 square feet to one acre foot over one acre 2. Hand Labor A. per square foot of area abated 3. Dozer Operation A. hourly rate B. move -on fee $250.00 $325.00 $400.00 $450.00 $ 00.02 $ 00.10 $150.00 $150.00 4. Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) 5. Administrative Fee (failure to comply with final notice) A. per parcel 6. Attorney Services A. per parcel, per hour 7. Assessment Fees (includes preparing reports, attending hearings, etc.) A. Cost confirmations fee, per parcel 8. Miscellaneous Fees A. special inspection fee B. abatement lien C. D E. F. G. H. $350.00 $200.00 $275.00 $ 50.00 $ 50.00 Interest on lien (apr) 10% release of abatement lien $ 50.00 public notary $ 20.00 File duplication fee $ 50.00 Unscheduled Labor per man hour $ 50.00 unscheduled fees (reimbursement of cost) CITY OF NATIONAL CITY FIRE DEPARTMENT 140 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE Owner: Carl Hutchinson Parcel Number: 558 120 09 00 Address: 2633 E. 14th St Date: 11/18/2009 National City, CA 91950 COPY Location of Public Nuisance: 2633 E 14th St National City 91950 Instructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) Clearance of properties shall be accomplished by methods that will not disturb native soil or root stock. Grading shall not be used to clear or abate the noted hazard. Please remove and any and all dead trees and dead fronds from palm trees. You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within ten (10) days of 11/18/2009. **Your failure to comply with this order will result in you being charged the administrative fee and the City having your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36). A $350.00 administrative fee will be charged in addition to the contractors fees to clean the properly (per Resolution number 94-97). Violatiore are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING RARE, THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of' Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your properly in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS DTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City Municipal Code 9,12.010 Public Nuisance Declared-1n General Any of the following conditions are hereby declared to constitute a public nuisance: A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous accumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger life or property; or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or finds that any provision of the Uniform Fire Code is being violated. B. When the Fire Chief or his/her designee deems any chinutcy, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National City Municipal Code 9.12.020 Public Nuisance Declared —Weeds and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include the following: A. Weeds which bear seeds of a downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. C. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National City Municipal Code 136.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist whist constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures -or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Municipal Code 136.060 Abatement— Appeal— Hearing Thin ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected tray ry-,/eal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. If you should have any questions, please feel free to call this number. 1-866-779-3774 Si usted tienealguna pregunta, por favor (lame al numeeo: 1-866-779-3774 Sa anumang katanungan, tumawag fang po sa numerong ito: 1-866-779-3774 Sincerely yours in public safety, NATIONAL CITY FIRE DEPT. 1243 National City Boulevard 'National City: CA 91950-4596 Carl Hutch' son : 2633 E. 1 th St Nation City, CA 91950 HAZARD ABATEMENT NOTICE Parcel Number: 558120 09 oy Date: 10/15/2009 i of Public Nuisance: 2633 E 14th St National City 91950 is for Abatement: Please clear the entire property of all weed! USA44 - • NIXIE 921 SC 1 00 10/20/09 RETURN TO SENDER NOT DELXVERAELE AS ADDRESSED UNAt3LE TO FORWARD 91990459899 *1.504-07975-15-39 L21 co co u� ri Lrt NATIONAL CITY FIRE DEPT. 1243 National City Boulevard National City. CA 91950-4596 ✓caner: Larl tiuTcnlnson Address: 2633 E. 14th St National City, CA 91950 ' U.S. Postal Service,F, T TIEIED MAILT RECEIPT m 1c Maih[9nfy; No 9nsurancd coverage Provided) visBt our website At www.usps.00tfl !Mar 1200900 s:*;arl Hutchinson 3 E. 14th St G�tfti4)Ilsii CitV CA 11950 NC 7009 0960 0000 5257 8895 ?arcet Number: 55b •. Date: 11/18/2009 Location of Public Nuisance: 2633 E 14th St National City 919 Instructions for Abatement: Please clear the entire property of toari vartato*innanri riahrio mac* ha V.V.n.xarl innm }hn..nnann..* NIXIE II UNITED STATES POSTALSERVICE loon 91950 U.S. P STAGE EL C9JIZQCA NOV OUNT09 $5 5qt 921 5E 1 02 12d01/09 RETURN TO SENDER NOT DIE=L.YVERAE3LE: AS ADIE7RESSEWD UNADL.E TO FORWARD E3C: 91950459699 ACfSO4- 01 66-16-59 11,I,,,,,111,1,,,L1111,1„1„1,1,1,1,1„1II„l,1 1,l,,,L,11 Fire Prevention Services P. O. Box 1720 El Cajon, CA 92022-1720 Ca1Hutchinson 2 3 E. 14th St ational City, CA 91950 # 558 120 09 An Fire Prevention Services P, O. Box 1720, El Cajon, CA 92022-1720 Carl Hutchinson 2633 E. 14th St National City, CA 91950 Ref: Parcel # 558 120 09 00 • NIXIE 921 ZE t 00 12/27/09 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNAMLE TO PORWARD DC: 92022179020 *2104-A4700-10-37 HdunhHhimlihddfldHAuhRmdamAd SA 'Ott GC.1. . cya .SAN PM / T NIXIE 921 5C 1 00 01/20/10 RETURN TO SENDER VACANT UNADLE TO roowAsn, CC: 102022172020 *2204 1202!$ 00.30 "d CITY OF NATIONAL CITY FIRE DEPARTMENT Type: Mi 1t.H (I! I'(7O T ;7/P/(061(-?�� Type: Type: 333 E. l6th St.: NATIONAL CITY, CA. 91950-4596 WORK ORDER AUTHORIZATION Authorization # 2256 Owner: Carl Hutchinson Address: 2633 E. 14th St National City, CA 91950 Parcel #558 120 09 00 Job location:2633 E 14th St National City 91950 Authorized by: �` Signature: � ate: t2 tD c T WHEN SIGNED THIS DOCUMENT ALLOWS RIGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. METHOD OF CLEARING Entire Parcel Fire Break t� Hand Cuttingk) _ J sq. ft. Removal: Tractor Mowing: o sq. ft. Discing: tP "fi cu. yds. sq. ft. CREW INFORMATION Crew Date/ itt/n2 Notes: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) Clearance of properties shall be accomplished by methods that will not disturb native soil or root stock. G SAN DIEGO COUNTY Asstssn*3 YAP ,G.) Su PAGE t2 I3m ST 5�•.PPE:� ror LANOITAN £35E.SMEr:• PURriI$C: DM.� ,MAP 2662 - RANCHO TERRACE NO I , 558-12 CHANGES DL KOLD "�'�" I"l OJT Work space for diagrams and amounttof work done • 2603 q�9Sa 2:r I12/16/09 Photo 3 C*6 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 401-1863 : fax (619) 445-6336 http://fireprevention.net 12/17/2009 Carl Hutchinson 2633 E. 14th St National City, CA 91950 Parcel # 558 120 09 00 Location: 2633 E 14th St National City 91950 Dear Carl Hutchinson, This letter is to inform you that the Public Nuisance on the above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services was contracted by the City of National City to help reduce Public Nuisances and potential fire violations thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36. The charges thus far total $1,096.24. You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this bill may result in the filing of an abatement lien upon your property. Please make your check payable to Fire Prevention Services and include the Parcel # 558 120 09 00 on the check. If you have any questions please call us direct at 619-401-1863. Sincerely, Fire Prevention Services, Inc. rev.05/I9/06 NATIONAL CITY SCHEDULE OF FEES Tractor Mowing quantity sub total per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. per square foot over one acre $00.02 sq. g_ Hand Labor A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee Debris Remediation (includes chipping, grinding, and/or shredding) per cubic yard of material prior to chipping, and or compacting $38.00 X 6.48 cu.yds =246.24 dump fees (reimbursement of cost) A. B. $0.10 $150.00 $150.00 5000 sq. ft. 500.00 Administrative Fee (failure to comply by deadline of notice) A. per parcel Attorney Services A. per parcel, per hour Assessment Fees (includes preparing reports, attending hearings, etc.) A. cost confirmation fee, per parcel Miscellaneous Fees Per Parcel A. B. C. D. E. F. G. H. special inspection fee abatement lien Interest on lien (apr) release of abatement lien public notary file duplication fee unscheduled Labor per man hour unscheduled fees FILE # 2256 APN # 558-120-09-00 $350.00 1 $200.00 $275.00 $50.00 $50.00 10% $50.00 $20.00 $50.00 $50.00 (reimbursement of cost) 350.00 TOTAL $ 1096.24 Fire Prevention Services, Inc. P.O. Box 1720 El Cajon, CA 92022-1720 (619) 401-1863 : fax (619) 445-6336 http://fireprevention.net Final Bill 1/8/2010 Carl Hutchinson 2633 E. 14th St National City, CA 91950 Ref: Parcel # 558 120 09 00 Dear Carl Hutchinson, This is a reminder of the letter we sent you on 12/17/2009 and we have not received payment in the amount of $1,096.24 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law, costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 558 120 09 00 on the check. Should you need to discuss this matter you may contact us at (619) 401-1863. Sincerely, Fire Prevention Services, Inc. rev.05/19/06 6r- RECORDING REQUESTED BY Fire Prevention Services, Inc. POBox2012 Alpine, CA 91903-2012 (619) 562-1058 fax (619) 445-6336 AND WHEN RECORDED MAIL TO Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 DOO # 20 1 0-00368 1 1 1 IIIIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII 11111IIIII IIIII1111 IIII JAN 25, 2010 11:47 AM OFFICIAL RECORDS SAN DIEGO COUNT"' RECORDER'S OFFICE DAVID L. ELITLER. COLINTYREC_OFIDER FEES: 0.00 PAGES: I 1 I111 I IN all 1111 IIIII 1111 MITI HIII NIII Hll NIII HIII 11l Hill 111 III NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist, and WHEREAS such violation was ordered abated on 12/10/2009, and WHEREAS representatives of the National City Fire Department abated the violation(s) on 12/16/2009, and WHEREAS the charge for such abatement amounted to $1,166.24; THEREFORE be it known that an abatement obligation exists on the property regardless of owner until paid. The current owner of the property is Carl Hutchinson at 2633 E. 14th St, National City, CA 91950 described as follows: APN # 558 120 09 00 ' ADDRESS: 2633 E 14th St National City 91950 LEGAL DESCRIPTION: Rancho Terrace # 1 Lot 9 This abatement obligation shall attach to the property, not the owner, and after confirmation by the City Council shall become a special assessment on the property tax bill. If not paid pursuant to State Law and State Tax Lien Law, the property may be sold to satisfy that obligation. The amount of such claim shall be $1,166.24 plus interest and other costs which may hereafter become due. This filing does not preclude the filing of legal action for collection. Should such actions be required or determined to be appropriate, reasonable legal fees will be incurred and added to said obligation. DATED: January 22, 2010 State of California ) SS. County of San Diego BY: Ken Osborn, Fire Prevention Services, Inc., Designee for National City Fire Department Certificate Of Acknowledgement On January 22, 2010 before me, Gavin James Broatch, Notary Public, personally appeared Ken Osborn, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the Iaws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seams_ k, `'� GAM JAMES BROATCH COMM. # 1823129 NOTARY PUBLIC - CALIFORNIA (" 2 SAN DIEGO COUNTY CI COMM. EXPIRES NOV. 18, 2012 (Seal) SUMMARY REPORT FOR APN 558-120-11-00 08/27/09 Received citizen complaint. 08/27/09 Initial inspection was made, property was found to be in violation. 08/28/09 Mailed 30 day courtesy notice to the property owner. 09/28/09 Re -inspection was made, property was found to be in violation. 09/28/09 Posted property. 09/29/09 Mailed 10 day final notice to the owner, certified mail. 10/07/09 Received signed certified return receipt. 10/12/09 Final inspection was made, property was found to be in violation. 10/14/09 Verified ownership information with the County of San Diego. 10/19/09 Work order authorization signed by City Official. 11/10/09 F.P.S.I. crews abated the property. 11/10/09 The owner was mailed a bill at our contracted rates. 12/04/09 The owner was mailed a final bill. 12/18/09 A Notice of Abatement was filed on the property. The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. �27 CITY OF NATIONAL CITY FIRE DEPARTMENT 140 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE wner: Solano Leovigildo Parcel Number: 558120 11 00 ddress: 2711 E I4th St Date: 8/28/2009 National City, CA 91950 4F., �r .)cation of Public Nuisance: 2711 E 14th St National City 91950 structions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of :ad vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round/ learance of properties shall be accomplished by methods that will not disturb native soil or root stock. Grading shall not be used clear or abate the noted hazard. lease remove and any and all dead trees and dead fronds from palm trees. You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within thirty (30) days of 8/28/2009. **Your failure to mply with this order will result in the City having your property leaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36). A S350.00 ministrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation r the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a ilding or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) 'm such building or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING RARE, THREATENED OR ENDANGERED SPECIES" you have previously received a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or Idlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE iPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY )U OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS )TICE_ Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City Municipal Code 9.12.010 Public Nuisance Declared —In General ry dike following conditions are hereby declared to constitute a public nuisance: When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous :umulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger life or property; or ds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of the occupants such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or finds that any provision of the Uniform Fire 'de is being violated. When the Fire Chief or his/her designee deems any chinutey, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance :reto. or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be fective or unsafe so as to create a hazard. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater gee that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may strua, delay, hinder or interfere with the operations oldie fire department or the egress of occupants in the event of fire. National City Municipal Code 9.12.020 Public Nuisance Declared —Weeds and Other Flammable Materials I weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include the lowing: Weeds which bear seeds of a downy or wingy nature. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. Weeds which are otherwise noxious or dangerous. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National City Municipal Code 136.010 Public Nuisance Defined ublic Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which nstitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood. mmunity or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Municipal Code 136.060 Abatement —Appeal— Hearing 'en (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. you should have any questions, please feel free to call this number: 1-866-779-3774 usted tienealguna pregunta, por favor (lame al nonzero: 1-866-779-3774 anumang katanungan, tumawag Iang po sa numerong ito: 1-866-779-3774 NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes 1 HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? DO YOU UNDERSTAND THE INSTRUCTIONS FOR ABATEMENT? Yes 1 HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? Yes CALL FIRE PREVENTION 1-866-779-3774 http://fireprevention.net CALL FIRE PREVENTION FOR RE -INSPECTION. 1-866-779-3774 http://fireprevention.net PROPERTY OWNERS ARE RESPONSIBLE FOR MAINTAINING HAZARD ABATEMENT ON A YEAR ROUND BASIS. HAVE YOU THOROUGHLY READ THE ABATEMENT INSTRUCTIONS WOULD YOU LIKE THE CITY TO ABATE THE HAZARD FOR YOU? No 1 IF NOT ABATED WITHIN TIME SPECIFIED THE OWNER WILL BE CHARGED A $350.00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WILL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Yes Yes Yes IF YOU DO NOT UNDERSTAND INSTRUCTIONS CALL FIRE PREVENTION. 1-866-779-3774 `ttp:l/fire prevention. net CALL FIRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 1-866-779-3774 http://fireprevention.net CALL FIRE PREVENTION FOR ARRANGEMENTS. 1-866-779-3774 http://fireprevention.net IF ARRANGEMENTS ARE MADE PRIOR TO CITY ABATING HAZARD, THE ADMINISTRATIVE FEE MAY BE WAIVED. 333 E. 16th Street : National City, CA : 91950-4596 CITY OF NATIONAL CITY SCHEDULE OF FEES 1. Tractor Mowing A. per parcel, sized 1 to 7,500 square feet B. per parcel, sized 7,501 to 15,000 square feet C. per parcel, sized 15,001 square feet to 30,000 square feet D. per parcel, sized 30,001 square feet to one acre E. Per square foot over one acre $250.00 $325.00 $400.00 $450.00 $ 00.02 2. Hand Labor A. per square foot of area abated $ 00.10 3. Dozer Operation A. hourly rate B. move -on fee $150.00 $150.00 4. Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) 5. Administrative Fee (failure to comply with final notice) A. per parcel $350.00 6. Attorney Services A. per parcel, per hour $200.00 7. Assessment Fees (includes preparing reports, attending hearings, etc.) A. Cost confirmations fee, per parcel $275.00 8. Miscellaneous Fees A. special inspection fee $ 50.00 B. abatement lien $ 50.00 C. Interest on lien (apr) 10% D release of abatement lien $ 50.00 E. public notary $ 20.00 F. File duplication fee $ 50.00 G. Unscheduled Labor per man hour $ 50.00 H. unscheduled fees (reimbursement of cost) iincerely yours in public safety, (a'1'Y OF NATIONAL FiKL 1)LYAKl1V1I N 1' 140 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 FINAL NOTICE- TO ABATE PUBLIC NUISANCE Solano Leovigildo Parcel Number: 55812011 00 2711 E 14th St Date: 9/29/2009 National City, CA 91950 C PY ,ovation of Public Nuisance: 2711 E l4th St National City 91950 nstructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of lead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) .learance of properties shall be accomplished by methods that will not disturb native soil or root stock. Grading shall not be used o clear or abate the noted hazard. 'lease remove and any and all dead trees and dead fronds from palm trees. You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within ten (10) days of 9/29/2009. **Your failure to omply with this order will result in you being charged the administrative fee and the City having your property cleaned by the City's contractor at your expense (per National City 4unicipal Code Chapter 1.36). A S350.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94-97). Violations re also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation or the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a wilding or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) rom such building or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING RARE, THREATENED OR ENDANGERED SPECIES" f you have previously received a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish 4- wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE )EPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY 'OU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS 1OTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City Municipal Code 9.12.010 Public Nuisance Declared —In General following conditions are hereby declared to constitute a public nuisance: i When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous .ccumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger life or property; or inds obstrudions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of the ,ccupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or finds that any provision of the Inform Fire Code is being violated. 3. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance hereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be !elective or unsafe so as to create a hazard. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater legree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may ibstruct, decay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National City Mnnicipal Code 9.12.020 Public Nuisance Declared —Weeds and Other Flammable Materials VI weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisanee. For the purposes of this chapter, "weeds" shall include the bllowing: k. Weeds which bear seeds of a downy or wingy nature. 3. Sagebrush, chaparral, and any other brush or weeds whirls attain such large growth as to become, when dry, a fire menace to adjacent improved property. 2. Weeds which are otherwise noxious or dangerous. 3. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National City Municipal Code 136.010 Public Nuisance Defined Public Nuisance means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which xastitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood, :ommunity or to any considerable number of persons- A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Municipal Code 136.060 Abatement— Appeal— Hearing Nithin ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may e City Council. Such appeal shall be in writing and shall be filed with the City Clerk. .f) ild have any questions, please feel free to can this number: 1-866-779-3774 ii usted tienealguna pregunta, por favor Ilame al numero: 1-866-779-3774 is anumang katanungan, tumawag lang po sa numerong ito: 1-866-779-3774 "You have the rieht to anneal this matter to the Citv Council within ten 1101 days of the receipt of this notice. 17 xn O O ri Ica Traci F ru .43 se„r:o SIreP,. wti or P013 city, sr: ai U.S.Postal Service-, CERTIFIED MAIL:r., RECEIPT (Domestic Mali Only; No Insurance Coverage Provided) Postage Certified Fee Return Receipt Fee (Endorsement Required) 9es!ricled&Delivery Fe (Endorsement Required) $5 558 120 11 00 Solano Leovigildo 2711 E 14th St National City CA 0020 91950 NDER: COr.7PLETE THIS SECTION Complete items 1, 2, and 3, Also complete Item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. - - - Attach this card to the back of the mailpiece, Dr on the front if space permits. Article Addressed to: 558 120 11 00 no Leovigildo 2/1'1 E 14th St \lationa! City CA NC 91950 ciiens.'. COMPLETE THIS SECTION ON DELIVERY A Signature D. Is delivery address different from Rem 11 YES, enter delivery address below: Addressee C. Date of Delivery es No « No 3. Service 1 ipe ❑ Certified Matz 0 Express Mall ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes irticle Number Transfer from service laheQ 7008 2810 0000 8597 6911 licReturn Recelpt 102595-02 M-f54o._ 7c.2 CITY OF NATIONAL CITY FIRE DEPAR'1'M N'I' 333 E. 16th St. : NATIONAL CITY, CA. 91950-4596 WORK ORDER AUTHORIZATION Authorization # 2258 Owner: Solano Leovigildo Address: 2711 E l4th St National City, CA 91950 Parcel #558 120 11 00 Authorized by: — o Signature Job location:2711 E 14th St National City 91950 ate: 10-141- WHEN SIGNED THIS DOCUMENT ALLOVl7S'7tfGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. METHOD OF CLEARING Entire Parcel Fire Break Hand Cutting: sq. ft. Removal: Tractor Mowing: sq. ft. Discing: cu. yds. sq. ft. CREW INFORMATION Crew Date Type: Type: Type: Type: Notes: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) Clearance of nronerties shall be accomplished by methods that will not disturb native soil or root stock. ISM ST } S•N 0100 COUNir 'ASSESSOR'S NAP •O,) NIN PAGE 13 A+eIE i• rOn ASSESSMEN' PURr(,$E5 OP,r • IS LtE ST. , MAP 2662 — RANCHO TERRACE NO I sse-I2 , 5 / •1 >" . CH • S ELK OLD CUT Work space for die&rams and arnount,of work done Hand Sq, Tractor-Sq. FL:2 . Total ARcrnoval Cu. Yd5.! i\JO DiAmp F-c€ 2o/ Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 401-1863 : fax (619) 445-6336 http://fireprevention.net 11/10/2009 Solano Leovigildo 2711 E 14th St National City, CA 91950 Parcel # 558 120 11 00 Location: 2711 E 14th St National City 91950 Dear Solano Leovigildo, This letter is to inform you that the Public Nuisance on the above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services was contracted by the City of National City to help reduce Public Nuisances and potential fire violations thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36. The charges thus far total $1,110.00. You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this bill may result in the filing of an abatement lien upon your property. Please make your check payable to Fire Prevention Services and include the Parcel # 558 120 11 00 on the check. If you have any questions please call us direct at 619-401-1863. Sincerely, Fire Prevention Services, Inc. rev_05/ 19/06 NATIONAL CITY SCHEDULE OF FEES Tractor Mowing per parcel, sized 1 to 7,500 square feet B. per parcel, sized 7,501 to 15,000 square feet C. per parcel, sized 15,001 square feet to 30,000 square feet D. per parcel, sized 30,001 square feet to one acre E. per square foot over one acre Hand Labor A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee uantity sub total $250.00 $325.00 $400.00 $450.00 $00.02 sq. ft. $0.10 $150.00 $150.00 Debris Rernediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $38.00 x B. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) A. per parcel Attorney Services A. per parcel, per hour Assessment Fees (includes preparing reports, attending hearings, etc.) A. cost confirmation fee, per parcel Miscellaneous Fees Per Parcel A. special inspection fee B. abatement lien C. Interest on lien (apr) D. release of abatement lien E. public notary F. file duplication fee G. unscheduled Labor per man hour H. unscheduled fees FILE # 2258 APN # 558-120-11-00 7600 sq. ft. 760.00 $350.00 $200.00 $275.00 $50.00 $50.00 10% $50.00 $20.00 $50.00 $50.00 (reimbursement of cost) TOTAL $ 1110.00 cu.yds = 350.00 Fire Prevention Services. Inc. P.O. Box1720 'El Cajon, CA 92022-1720 (619) 401-1863 : fax (619) 445-6336 http://fireprevention.net Final Bill 12/4/2009 Solano Leovigildo 2711 E 14th St National City, CA 91950 Ref: Parcel # 558 120 11 00 Dear Solano Leovigildo, This is a reminder of the letter we sent you on 11/10/2009 and we have not received payment in the amount of $1,110.00 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law, costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 558 120 11 00 on the check. Should you need to discuss this matter you may contact us at (619) 401-1863. Sincerely, Fire Prevention Services, Inc. rev.05/ 19/06 RECORDING REQUESTED BY Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 (619) 562-1058 fax (619) 445-6336 AND WHEN RECORDED MAIL TO Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 i DOIC # I200 -07061 so I Illlllll II' IIIII'I�II IIIII IIIII IIIII IIIII 1111111111 IIIII �II�I III IIII DEC 22, 2009 11:59 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 PAGES: 1111111111111111111111111111111111110111111111 NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist, and WHEREAS such violation was ordered abated on 10/19/2009, and WHEREAS representatives of the National City Fire Department abated the violation(s) on 11/10/2009, and WHEREAS the charge for such abatement amounted to $1,180.00; THEREFORE be it known that an abatement obligation exists on the property regardless of owner until paid. The current owner of the property is Solano Leovigildo at 2711 E 14th St, National City, CA 91950 described as follows: APN # 558 120 11 00 ADDRESS: 2711 E 14th St National City 91950 LEGAL DESCRIPTION: Rancho Terrace # 1 Lot 11 This abatement obligation shall attach to the property, not the owner, and after confirmation by the City Council shall become a special assessment on the property tax bill. If not paid pursuant to State Law and State Tax Lien Law, the property may be sold to satisfy that obligation. The amount of such claim shall be $1,180.00 plus interest and other costs which may hereafter become due. This filing does not preclude the filing of legal action for collection. Should such actions be required or determined to be appropriate, reasonable legal fees will be incurred and added to said obligation. DATED: December 18, 2009 BY: State of California ) SS. County of San Diego Ken ( bom, Fire Prevention Services, Inc., Designee for National City Fire Department Certificate Of Acknowledgement On December 18, 2009 before me, Gavin James Broatch, Notary Public personally appeared Ken Osborn, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official -seal. • ��i�,s GAVIN JAMES BROATCH f O,��'tit: COMM. # 1823129 0y%."gp NOTARY PUBLICI- CALIFORNIA ''' SAN DEGO COUNTY B COMM. EXPIRES NOY. 13, 2012 'a (Seal) gip... SUMMARY REPORT FOR APN 561-412-20-00 03/18/09 Initial inspection was made, property was found to be in violation. 03/19/09 Mailed 30 day courtesy notice to the property owner. 04/20/09 Re -inspection was made, property was found to be in violation. 04/20/09 Posted property. 04/21/09 Mailed 10 day final notice to the owner, certified mail. 05/05/09 Final inspection was made, property was found to be in violation. 05/06/09 Verified ownership information with the County of San Diego. 05/13/09 Work order authorization signed by City Official. 05/13/09 Certified notice return mail "unable to forward". 05/28/09 F.P.S.I. crews attempt to abate found the property compliant. 05/29/09 The owner was mailed an Administrative bill at our contracted rates. 06/19/09 The owner was mailed a final bill. 07/06/09 A Notice of Abatement was filed on the property. The list of Fixed Charge Special Assessments [EXHIBIT "A"] and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. CITY OF NATIONAL CITY FIRE DEPARTMENT 140 E. 12th St. : Suite A : NATIONAL CiTV, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner: Ortega Jesus G Address: 654 W Manor Dr Chula Vista. CA 91910 Parcel Number: 561 412 20 00 Date: 3119/2009 COPY Location of Public Nuisance: Grove St National City Instructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) You are hereby directed to abate the public nuisance described above. of which you are the occupant or owner, within thirty (30) days of 3/19/2009. **Your failure to comply with this order will result in the City having your property cleaned by the Cifya contractor al your expense (per National City Municipal Code Chapter 1.36). A S350 00 administrative fee will he charged in addition to the contractor's fees to clean the property (per Resolution nnnthcr 94-97). Violations are also subject to prosecution as misdemeanors Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush. flammable vegetation, or combustible growth which is fixated from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property line. whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or stmcture. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING RARE,TIHREATENEi) OR FM/ANGERED SPECIES" If you have previously received a notice from the California Departimmt of fish and Game or the U.S- Fish and Wildlife Services that rare, threatened or endangered species of tish or wildlife have occurred on your property in the areas identified liar Mel break clearance. YOU MAST NOTIFY H(YFII AGENCIES AND Ti-IE NATIONAL CiTY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. 1rTF(ESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU Or ANY ALTERNATIVE PROCEDURFS WITHIN THOSE TEN (10) DAYS 17011 MAY T11EN-PROCEED TO CLEAR VE(;E"CATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to those agencies may render you liable under Federal or State law to penalties- Nalional City Municipal Code 9.12.0111 Puhir Nuisance Declared --In General Any of the following conditions are hereby declared to constitute a public nuisance- q When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous lmulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger life or property; i Rids obstructions to or on fire escapes, shill, passageways, doors or windows lhat reasonably tend t0 interfere lvilh the operations of the fire department or the egress of the occupants of such building of premises; or finds that the effectiveness of any exitdoor, attic separation or any fire separation wall is reduced; or finds that any provision of the Uniform Fire Code is being violated. . When the Fire Chief or his/her designee deems any chimney. smokestack, stove, oven, incinerator, furnace or other healing device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of lire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing. suppressing or extinguishing lire or any thing or act which may obstruct, delay. hinder or interfere with the operations of the tire department or the egress otoccupants in the event of Tire. National City Municipal Code 9.12.020 Public Nuisance Delan)—Weeds and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private property are hereby declared to he a public nuisance. For the purposes of this chapter, "weeds" shall include the fol lowing: A. Weeds which bear seeds of a downy or wingy nature. B. Sagebrush. chaparral, and any other brush or weeds which attain such large growth as to become, when dry. a lire menace to adjacent improved property. C. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to consldute a menace the the public health - I? Dry grass, stubble, brush. litter. or other flammable material which endangers the public sa kfv by creating a lire hazard in a portion of the Citv which has been zoned for single and multiple residence purposes National City Municipal Code 1.36.910 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health. safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood. communityor to any considerable number of persons. A public nuisance also has the sante meaning as set Muth in California Civil Code Section 3479. National City Municipal Code 1.36.060 Abatement —Appeal— lleaf-hie Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected play appeal to the City Council. Such appeal shall be in writing and shall he filed with the Citv Clerk. If you should have any questions, please feel free to call this number: 1-866-779-3774 S' -'ted ticnealguna pregunta, por favor name al ntunero: 1-866-779-3774 kumang katanungan, (urnawag tang po sa numcrong ilo: 1-866-779-3774 Sincerely yours in public safety, **You have the right 10 appeal this matter to the City Council within ten (10) days of the receipt of this notice. I -866-779-3774 ext. 311 or http://freprevention.net The appeal shall be in writing and filed with the City Clerk. (NCMC 1 36.050) ***Fire Prevention Services, Inc. is under contract with the City of National City Fire Prevention Services*** 85'- (h'fl'7MIZflAflAfCtC narnrrnr NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes 1 HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? No 1 DO YOU UNDERSTAND THE INSTRUCTIONS FOR ABATEMENT? Yes 1 HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? Yes CALL FIRE PREVENTION 1-866-779-3774 http://fireprevention.net CALL FIRE PREVENTION FOR RE -INSPECTION. 1-866-779-3774 http://fireprevention.net PROPERTY OWNERS ARE RESPONSIBLE FOR MAINTAINING HAZARD ABATEMENT ON A YEAR ROUND BASIS. No-f HAVE YOU THOROUGHLY IF YOU DO NOT UNDERSTAND READ THE ABATEMENT Yes INSTRUCTIONS INSTRUCTIONS CALL FIRE PREVENTION. 1-866-779-3774 http://fireprevention.net WOULD YOU LIKE THE CITY TO ABATE THE HAZARD FOR YOU? No 1 IF NOT ABATED WITHIN TIME SPECIFIED THE OWNER WILL BE CHARGED A $350.00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WILL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Yes Yes CALL FIRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 1-866-779-3774 http://fi repreventi on.net CALL FIRE PREVENTION FOR ARRANGEMENTS. 1-866-779-3774 http://fireprevention.net IF ARRANGEMENTS ARE MADE PRIOR TO CITY ABATING HAZARD, THE ADMINISTRATIVE FEE MAY BE WAIVED. 333 E. 16th Street : National City, CA : 91950-4596 CITY OF NATIONAL CITY SCHEDULE OF FEES 1. Tractor Mowing A. per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. Per square foot over one acre $ 00.02 2. Hand Labor A. per square foot of area abated $ 00.10 3. Dozer Operation A. hourly rate $150.00 B. move -on fee $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) 5. Administrative Fee (failure to comply with final notice) A. per parcel 6. Attorney Services A. per parcel, per hour 7. Assessment Fees (includes preparing reports, attending hearings, etc.) A. Cost confirmations fee, per parcel $350.00 $200.00 $275.00 8. Miscellaneous Fees A. special inspection fee $ 50.00 B. abatement lien $ 50.00 C. Interest on lien (apr) 10% D release of abatement lien $ 50.00 E. public notary $ 20.00 F. File duplication fee $ 50.00 G. Unscheduled Labor per man hour $ 50.00 H. unscheduled fees (reimbursement of cost) CITY OF NATIONAL CITY FIRE DEPARTMENT 140 E. 12111 St. : Suite A : NATIONAL CITY, CA. 91950-4596 FINAL NOTICETO ABATE PUBLIC NUISANCE er: Ortega Jesus G Address: 654 W Manor Dr Chula Vista, CA 91910 Parcel Number 561 412 20 00 Date: 4/21 /2009 Location of Public Nuisance: Grove St National City Instructions for Abatement: Please clear the entire property of all weeds, dead vegetatinnitrash, debris and anlndo. All piles of dead vegetation and debris must he removed from the property. ('Please maintain any and all grasses below 3 inches year round) You are hereby directed to abate the public nuisance described above. of which you are Ilk: occupant or owner, within ten (10) days of 4/21/2009, Your failure to comply with this order will rest it in you being charged the administrative fee and the City having your property cleaned by the CiIy's contractor at your expense (per National City Municipal Code Chapter 1.36). A R350A0 administrative lee will he charged in aehbrim: Id the contractors foes to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as mialemeannn_ Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush. flammable vegetation_ or combust ihlc growth whioll is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property line, whichever is nearer or as required by the Fire I )epartment. including the maintenance of grass and other vegetation more than thirty (30) from such building or structure Culfings are to he removed from the property and disposed of proper Iv Vegetation is to be end vs Wain two (2) inches of the ground- "NOTICE REGARDING RARE ,TIiREATENEDOR ENDANGERED SPEC! ES" If you have previously received a notice from the Cal ifonia Derailment of fish and (lame or the U.S. Fish and Wildlife Services Ihat rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified fbr Mel break clearance, YOU MUST NOTIFY BOfl) AGENCIES AND TIIE NATIONAL. CITY FIRE DEPARTMENT IN WRITING ATLEASFTEN (10)DAYSPRIOR TOBEGINNING:AT( iETATIONCLEARING. IF THESE AGENCIES PAIL TOOBJECTOR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES V.'fl'IIIN THOSE, TEN (10) DAYS, YOII \I:1Y 1IIFN 1'ROC1r:1CD TO CLEAR VI(1' IATION AS DIRECTED BY THIS - - NOTICE. Failure to provide ooliticaiion to these agencies may render von liable under Federal or State law to penalti.s- National City Municl pal Code 9.12.010 1'uhlir Nuisance Ikelared—In General .Any of the following conditions are hereby declared to constitute a public nuisance: .4. When the Fire Chief or hislhcr designee determines that there exists in any building or on any premises comhlatih)e. hazardous or explosive materials or dangerous _accumulations of rubbish: or unnecessary accmnulat ions of wastepaper, boxes. shavings, or any highly flammable materials which are so situated as to endanger life or propertyc. or ( bshuctions to or on fire escapes, stairs. passageways. doors or windows that reasonably tend to interfere with the operations of the tire department or the egress of the nts of such building of premises; or finds Mal the effectiveness of any exit door. attic separation or any tire separation wall is reduced; or finds that any provision of the n Fire Code is being violated. B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove- oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized slamhrd in or upon any kidding. structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard. When the Fire Chief or hisher designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as norm it by persons in the public service regular ly engaged in preventing, suppressing or extinguishing lire or any thing or act which may obstruct delay. hinder or interfere with the operations of the lire derailment or the egress of occupants in the event of fire National Ci(v Municiplal Code 9.12.070 Public Nuisance Declared --Weeds and Other Flammable Materials All weeds, growing or located upon streets. sidewalks or private propene are berrhy declared to be a public nuisance. For the purposes of this chapter, "weeds' shall include the following: A. Weeds which hear seeds of a downy or dingy nature. B. Sagehmsh, chaparral, and any other brush or weeds which attain such large growth as to become, when dry. a lire menace to adjacent improved property. C. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E. Dry grass, smbhle. brush, litter, or other !laminable material which endangers the public safety by creating a lire hazard in a portion of the City_ which has been zoned fin- single and m+Jt rile resulcnce purpov National City Municipal Code 1,36.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to he a public nuisance in any section of this code. and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonably of free use of property in a neighborhood. community or to any considerable number of persons. A public nuisance also has the same meaning as set firth in California Civil ('ode Section 3479. National City Municipal Code 136.060 Abatement-- Appeal-- Hearing Within ten (10) days from the date of posting, mailing or personal service of the required notice. the owner or person occupying or controlling such lot or premises aliened may appeal to the City Council. Such appeal shall be in writing and shall he filed with the City Clerk. If you should have any questions, please feel free to caU this number: 1-866-779-3774 Si usted tienealguna pregunta, por favor (lame al numero: 1-866-779-3771 Ss anumang katanungan, awag hang pit sa trumerong ilo: 1-866-779-3774 y yours in public safety, **You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. 1-866-779-3774 ext. 311 or http://fireprevention.net The appeal shall he in writing and filed with the City Clerk (NCMC 1.36.050) "'Fire Prevention Services, inc. is under contract with the City of National City. Fire Prevention Services*** rev.0327A6.04/24/06, 06/214.16 NATIONAL CITY FIRE DEPT. 1243 National City Boulevard National City. C 1950-4596 DV A net': Ortega Jesus G !dress: 654 W Manor Dr Chula Vista, CA 91910 U,S. Postal Service,F! CERTIFIED MAIL,., RECEIPT (tivmestic Mali holy; No Insurance Coverage Arov#1. 4 CHULA VISTA;`C too: age Cortltied Fee !letter Receipt Fee (Crtdr>reemertt Hequlred) Rl,+(51rieted petivery Fee (F..ndm wmeet Hegetree) lotel Posiene 8 Fans Seat Y<i S;"rent; AK or PO eq City Sttitl S5.32 561 412 20 00 Ortega Jesus G 654 W Manor Dr Chula Vista CA NC 91910 UNITEOSTATRS POSTAL SFRVICi ? 0 0 8 2810 0000 8606 7 ? 0 0 Parcel Number: 561 412 7 Date: 4/21/2009 cation of Public Nuisance: Grove St National City 'ructions for Abatement: Please clear the entire Drpnert% of all Fi l NIXIE 221 4C 1 02 RETURN TO SENDER VACANT UNABLE TO FORWARD E3C 91950452899 *1577-00030-01-23 1LI, ti ItIIL1t„I (gib,,!„bbbl,L„IL Itlid; 1 1)1„ ii 91910 U.S. POSTAGE ID EL CFJDN.CA 029 APRJ211. 09 AMOUNT $5432, 2 O5/ 01 / 02 CITY OF NATIONAL CITY FIRE DEPARTMENT 333 E. 16th St. : NATIONAL, CITY, CA. 91950-4596 WORK ORDER AUTIIORIZATION Owner: Ortega Jesus G Address: 654 W Manor Dr Chula Vista, CA 91910 Parcel 4561 412 20 00 Authorized by: `��oh +- c Signature Authorization # 2075 Job location:Grove St National City szirhovdo 61. WHEN SIGNED THIS DOCUMENT ALLOW HT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. METHOD OF CLEARING Entire Parcel Fire Break Hand Cutting: sq. ft. Removal: Tractor Mowing: sq. ft. Discing: cu. yds. sq. ft. CREW INFORMATION Crew Date Type: Type: Type: Type: Notes: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) 06 SRN OICGG COUNTY ASSESSORS MAP SOON j91 PAGE 41 HWY 0P INTERSTATE 805 TMS MOMS PREPAREO FOR ASSESSMENT PURPOSES ONLY NO LIABILITY IS ASSUMED FOR THE ACCURACY [MIME CATA SHOWN ASSESSOR'S PARCELS MAY NOT COMPLY MAIN LOCAL SUBOMSCN OR SOLOING ORDINANCES MAP 1148 — HOME CREST VILLAS 56 4// 1227/2092 SM uitfi 1e NAI rf28 Y9 S CUT 7i QO 4224 03 4799 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 401-1863 : fax (619) 445-6336 http://ftreprevention.net ADMINISTRATIVE BILL 5/29/2009 Ortega Jesus G 654 W Manor Dr Chula Vista, CA 91910 Parcel # 561 412 20 00 Location: Grove St National City Dear Ortega Jesus G, Fire Prevention Services has been contracted by the City of National City to help reduce potential fire violations thus improving the safety of its citizens. Your property was re -inspected on 5/5/2009 and found to still be in violation of the National City Municipal Code Chapter 1.36. As stated in the notice, if the violation is not corrected prior to the deadline you will be charged an administrative fee. A final inspection was performed on the above referenced parcel, as of 5/28/2009 this parcel is in compliance with the National City Municipal Code Chapter 1.36. Due to the abatement not being completed by the deadline, you are being charged the administrative fee. Thus far your bill is $ 350 and if paid within fifteen (15) days of this notice no further costs will be incurred by you. Please make check payable to F.P.S.I. and please include the File # 561 412 20 00 on the check. If you have any questions please call us direct at (619) 401-1863. Sincerely, Fire Prevention Services, Inc. rev.05/19/06 NATIONAL CITY SCHEDULE OF FEES Tractor Mowing quantity sub total per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. per square foot over one acre $00.02 sq. ft. Band Labor A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee $0.10 $150.00 $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $38.00 x B. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) A. per parcel Attorney Services A. per parcel, per hour Assessment Fees (includes preparing reports, attending hearings, etc.) A. cost confirmation fee, per parcel Miscellaneous Fees Per Parcel A. special inspection fee B. abatement lien C. Interest on lien (apr) D. release of abatement lien E. public notary F. file duplication fee G. unscheduled Labor per man hour H. unscheduled fees $350.00 1 $200.00 $275.00 $50.00 $50.00 10% $50.00 $20.00 $50.00 $50.00 (reimbursement of cost) sq. ft. cu.yds = FILE # 2075 APN # 561-412-20-00 TOTAL $ 350.00 350.00 9� Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 401-1863 : fax (619) 445-6336 http://fireprevention.net Final Bill 6/19/2009 Ortega Jesus G 654 W Manor Dr Chula Vista, CA 91910 Ref: Parcel # 561 412 20 00 Dear Ortega Jesus G, This is a reminder of the letter we sent you on 5/29/2009 and we have not received payment in the amount of $350.00 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law, costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 561 412 20 00 on the check. Should you need to discuss this matter you may contact us at (619) 401-1863. Sincerely, Fire Prevention Services, Inc. rev.05/19/06 �7 RECORDING REQUESTED BY Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 (619) 562-1058 fax (619) 445-6336 AND WHEN RECORDED MAIL TO Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 1! DOO #+ 2009I-0408$ 1 7 I IIIIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII JUL 23, 2009 1:09 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNT' RECORDER FEES DOD PAGES: I 1110 Hill 111111ll 111111111111 Hill 11II 1111111I 111111111111111 NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist, and WHEREAS such violation was ordered abated on 5/13/2009, and WHEREAS representatives of the National City Fire Department abated the violation(s) on 5/28/2009, and WHEREAS the charge for such abatement amounted to $420.00; THEREFORE be it known that an abatement obligation exists on the property regardless of owner until paid. The current owner of the property is Ortega Jesus G at 654 W Manor Dr, Chula Vista, CA 91910 described as follows: APN # 561 412 20 00 ADDRESS: Grove St National City LEGAL DESCRIPTION: Home Crest Villas Alley Adj & Lot 6BIk 2 This abatement obligation shall attach to the property, not the owner, and after confirmation by the City Council shall become a special assessment on the property tax bill. If not paid pursuant to State Law and State Tax Lien Law, the property may be sold to satisfy that obligation. The amount of such claim shall be $420.00 plus interest and other costs which may hereafter become due. This filing does not preclude the filing of legal action for collection. Should such actions be required or determined to be appropriate, reasonable legal fees will be incurred and added to said obligation. DATED: July 6, 2009 State of California ) SS. County of San Diego BY: Ken Osborn, Fire Prevention Services, Inc., Designee for National City Fire Department Certificate Of Acknowledgement On July 6, 2009 before me, Gavin James Broatch, Notary Public, personally appeared Ken Osborn, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE hand and official seal. 1'��'GAVIN JAMES 8ROATCH ci =,4%► COMM. # 1823129 .� NOTARY PUBLIC - CALIFORNIA iw,Sy SAN DIEGO COUNTY 0 ",ci-.;?.�COMM. EXPIRES NOY. 18, 2012 " (Seal) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1, 2010 AGENDA ITEM NO. 19 EM TITLE: Resolution of the City Council of the City of National City to waive the formal bid process and authorize the Mayor to sign a Service Agreement between the City of National City and Fire Recovery USA, LLC for implementing a Cost Recovery Program. (FIRE) PREPARED BY: Walter Amedee " -9 DEPARTMENT: PHONE: 619-336-4556 APPROVED BY: EXPLANATION: As allowed by Purchasing Ordinance #1480, Section 16, this award will be made as a result of competitive bids solicited by the City of Roseville, where Fire Recovery USA, LLC, was determined to be the lowest responsive, responsible bidder, and was awarded their bid for Fire/Rescue Billing Service. Fire Recovery USA, LLC is pleased to offer the City of National City the opportunity to take advantage of this competitive bid. The City of Roseville award made Fire Recovery USA, LLC reimburse the City for a portion of the monies collected at a rate of 83% of the total monies collected on the City's claims for the first six (6) months. If the preceding six (6) months collection percentage is equal to or greater than 65%, then Fire Recovery USA, LLC will be entitled to retain an additional 3% per month on monies collected until the next six (6) month audit. If a six (6) month audit shows the collection percentage is less than 65%, then Fire Recovery USA, LLC will reimburse City the original rate of 83% for the following six (6) months. —. e City of Roseville bid fully complies with Section 11 of Ordinance #1480. Additional market research has been 'ducted to consider current pricing, other brands, other purchasing options, and it is in the City's best interest to take aovantage of this opportunity. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS Based on service calls for 2009 the National City Fire Department would have netted approximately $70,000 to the City's General Fund. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends authorizing the Mayor to sign a Service Agreement between the City of National City and Fire Recovery USA, LLC for implementing a Cost Recovery Program. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: City of Roseville RFP for Fire/Rescue Billing Service _. Fire Recovery USA, LLC formal bid response to the City of Roseville RFP 3. Service Agreement between the City of National City and Fire Recovery USA, LLC 4. Resolution RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BID PROCESS AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH FIRE RECOVERY USA, LLC, TO IMPLEMENT A COST RECOVERY PROGRAM FOR THE FIRE DEPARTMENT IN CONNECTION WITH MOTOR VEHICLE INCIDENTS AND OTHER EMERGENCY INCIDENTS WHEREAS, the City desires to employ a contractor to assist with the billing for services provided by the National City Fire Department in connection with motor vehicle incidents and other emergency incidents; and WHEREAS, the City has determined that Fire Recovery USA, LLC, is qualified by experience and ability to perform the services desired by the City, and is willing to perform such services; and WHEREAS, the City of Roseville awarded a contract to Fire Recovery USA, LLC, who was determined to be the lowest, responsive responsible bidder of a competitive bidding process, which National City can "piggyback", thereby getting the best purchase price; and WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined to be in substantial compliance with the City's procurement procedures, and the City Council has made such a determination in this case. It is therefore recommended that the purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the determination that the City of Roseville's procurement procedures are in substantial compliance with the City's, and pursuant to Section 2.60.260 of the Municipal Code authorizes the waiver of the bidding process. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor to execute an agreement with Fire Recovery USA, LLC, to assist with the billing for services provided by the National City Fire Department in connection with motor vehicle incidents and other emergency incidents. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this lst day of June, 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney IMPORTANT!!! The City is not responsible for .misdelivered bids, and the Bidder is strictly liable for its chosen method of delivery. It is the Bidder's sole responsibility to make sure that bids arrive at the proper location. Any bid which does not actually arrive in the City Clerk's Office by the date and time of the bid opening will be rejected as non -responsive, even if properly addressed or delivered to another City Department. Your bid MUST be addressed and delivered as follows: City of Roseville Attn: Sonia Orozco, City Clerk 311 Vernon Street Roseville, CA 95678 Please print "RFP — Fire / Rescue Billing Services" on the outside of the envelope for identificationand sorting purposes. Attachment Page 1 TERMS AND CONDITIONS OF INVITATION FOR BID Read carefully 1. GENERAL CONDIi7ONS Bidders are required to submit their proposals upon the following conditions: (a) Bidders shall thoroughly examine the drawings, specifications, schedule, instructions, and all other documents (b) Bidders shall make all investigations necessary to thoroughly inform themselves regarding plant and facilities for delivery of material and equipment as required by the bid conditions. No plea of ignorance by the bidder of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the bidder to make the necessary examinations and investigations, or failure to fulfill m every detail the requirements of the contract documents, will be accepted as a basis for varying the requirements of the City or the compensation to the vendor. (c) Bidders are advised that all City contracts are subject to all legal requirements provided for in the City Charter and/or applicable City ordinances, Uniform Commercial Code of California, and other applicable state and federal statutes. (d) No officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, or shall be financially interested, directly or indirectly, in the sale to the City of any materials, supplies, or service, except on behalf of the City as an officer or employee. This prohibition extends to the City boards and commissions other than those which are purely advisory. 2. PREPARATION OF INDS Bids will be prepared in accordance with the following: (a) All information required by the bid form shall be furnished. The bidder shall print or type his name and manually sign the schedule and each continuation sheet an which an entry is made_ (b) Unit prices shall be shown; and where There is an error In extension of price, the unit price shall govern (c) Alternate bids will not be considered unless authorized by the invitation For Bids. (d) Proposed delivery time must be shown and shall include Sundays and holidays. (e) Bidders will not include federal taxes in bid prices since the City of Roseville is exempt from payment of such taxes An exemption certificate will be signed where applicable upon request 3 DESCRIPTION OF SUPPLIES Any catalog or manufacturer's reference used in describing an item is merely descriptive and not restrictive unless otherwise noted and is used only to indicate type and quallty of material Bidders are required to state exactly what they intend to furnish, otherwise they shalt be required to furnish the items as specified. 4. SUBMISSION OF BIDS (a) Bids and changes thereto shall be enclosed in sealed envelopes addressed to the City Clerk, City of Roseville. The name and address of bidder, the date and hour of the bid opening, andlhe material or services bid on shalt be placed on the outside of the envelope_ (b) Bids must be submitted on the forms furnished. Telegraphic bids, including bids transmitted by facsimile means, will not be considered. Bids, however, may be withdrawn by telegraphic or facsimile notice provided such notice is received prior to the time and date set for the bid opening_ (c) Samples, when required, must be submitted within the time specified at no expense to the City of Roseville. If not destroyed or used up during testing, samples will be returned upon request at the bidder's expense_ 5. REJECTION OF BIDS (a) The City may reject a bid if: 1_ The bidder misstates or conceals any material fact in the bid or If, 2. The bid does not strictly conform to law or the requirements of the bid or if, 3 The bid is conditional, except that the bidder may qualify his bid for acceptance by the City on an "All or None" basis or a "Low Item" basis. An "All or None" basis bid must include all items upon which bids are invited. (b) to the event that a bidder is or subsequently becomes delinquent in the payment of his or its City taxes, including state and local sales tax, such fact shall constitute grounds for rejection of the bid, or if awarded the bid, for cancellation of the contract However. the City reserves the right to deduct any delinquent taxes from payments that the City may owe to the delinquent bidder as a result of such contract. (c) The City may reject all bids whenever it is deemed in the best interest of the City to do so and may reject any part of a bid unless the bid has been qualified as provided in 5 (a) 3 above The City may waive any minor informalities or irregularities in any bid. 6. WITHDRAWAL OF BIDS Bids may not be withdrawn after the time set for the bid opening, unless approved by the City Council 7. LATE BIDS OR MODIFICATIONS Bids and modifications received after the time set for the bid opening will not be considered Page 1 of 2 Attachment Page 2 S. CLARIFICATION OR OBJECTION TO BID SPECIFICATIONS If any person contemplating submitting a bid for this contract is in doubt as to the true meaning of the specifications, other bid documents, or any part thereof, he may submit to the Central -Services Manager on or before five days prior to scheduled opening a request tot clarification- All such requests for information shall be made in writing, and the person submitting the request will be responsible for its prompt delivery. Any interpretation of the bid, if made, will be made only by Addendum duly issued A copy of such Addendum wH1 be marled or delivered to each person receiving a set of bids. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. Any objections to the specifications and requirements as set forth in this bid must be filed in writing with the Central Services Manager on or before five days prior to scheduled opening 9. DISCOUNTS (a) Prompt payment discounts wilt be considered in making the award provided the discount offered is sufficient to permit payment within such period in the regular course of business. (b) in connection with any discount offered, time will be computed from the date of receipt of supplies or serves, or from the date a correct invoice is received, whichever is the later date. Payment is deemed to have been made on the date of mailing of the check. 10. AWARD OF CONTRACT (a) The contract will be awarded to the lowest responsible bidder whose bid, conforming to the Invitation For Bids, is most advantageous to the City, price and other factors considered_ The City may determine price based upon the cost to the City over the expected useful life of. the materials or supplies, (b) The City reserves the right to accept any item or group of items of this bid, unless the bidder qualifies his bid by specific limitations. Re Par. 5 (a) 3 above. (c) A written award of acceptance mailed or otherwise furnished to the successful bidder results in binding contract without further action by either party. (d) Prices mist be quoted f. o. b, Roseville with all transportation charges prepaid, unless otherwise specified in the Invitation For Bids. (e) Delivery time and prompt payment discounts, including time allowed for payment, will be considered in breaking of tie bids. 11. PERFORMANCE BOND (a) The successful bidder(s) shall furnish the City of Roseville with a performance bond In the amount set forth in the Invitation For bids. This bond is not to be submitted with bid but must be presented to the Purchasing Department upon. notification. (b) The City of Roseville will not enter Into a contract or issue a purchase order until the successful bidder has complied with the performance bond provisions. (c) The performance bond shall be in a form acceptable to the City Attorney of City (d) The performance bond of the successful bidder(s) shall be returned by the City upon completion of the contract and final acceptance of alt items in accordance with conditions thereof. (e) Failure of vendor to perform any of the service required by this contract within ten days of receipt of written demand for performance from City, or failure of vendor to correct or replace defective goods or products within ten days from receipt of written demand therefor, shall constitute a total breach of this contract and shall cause this contract to terminate. in the event of such termination, the performance. deposit shall be retained by the City of Roseville as liquidated damages, based upon mutual agreement and understanding between vendor and City at the times this bid is solicited, submitted, and accepted, that the City of Roseville is a government agency engaged in public projects and that the measurement of damages might result from a breach of the terms and specifications herein is difficult or impossible to determine. Provided, however, that if in the opinion of the Central Services Manager and the City Manager the failure to perform the conditions of this contract is occasioned by or is the result of acts or events over which the vendor has no control, said performance bond may in whole or in part, as may be determined by the Central Services Manager and the City Manager, be retumed to the vendor without action bythe City Council of the City of Roseville. it is understood that such determination shall be entirely at the discretion of the Central Services Manager and the City Manager. 12 ASSURANCE OF COMPLIANCE - EQUAL EMPLOYMENT OPPORTUNITY AND SMALL AND/OR MINORITY BUSINESS ENTERPRISE RERUiREMENTS Bidder agrees that if this bid is accepted, he/she will not engage in employment practices which have the effect of discriminating against employees or prospective employees because of race, religion, national origin, sex, age, handicap, or political belief or affiliation In addition, bidder agrees that he/she will abide by all applicable terms and provisions of the City of Roseville's Affirmative Action Plan, including without limitation the Nondiscrimination Clause and the Small and/or Minority Business Enterprise Clause,as contained in the City of Roseville's current Affirmative Action Plan, on file in the City's Personnel Department - Page 2 of 2 Attachment Page 3 CITY OF ROSEVILLE TERMS AND CONDITIONS OF PURCHASE ARTICLE I — The materials, supplies or services covered by this order shall be furnished by Seller subject to all the terms and conditions set forth in this order including the following, which Seller, in accepting this order agrees to be bound by and to comply with In all particulars and no other terms or conditions shall be binding upon the parties unless hereafter accepted by them in writing. Written acceptance or shipment of all or any portion of the materials or supplies, or the performance of all or any portion of the. services, covered by this order shall constitute unqualified acceptance of all its terms and conditions. The terms of any proposal referred to in this order are included and made a part of the order to the extent of specifying the nature of the materials, supplies, or services ordered, the price therefor, and the delivery thereof, and then only to the extent that such terms are consistent with the terms and conditions of this order ARTICLE II — INSPECTION. the Materials, supplies or services fumished shall be exactly as specified in this order, free from all defects in Seller's design, workmanship and materials, and, except as otherwise provided in this order, shall be subject to inspection and test by City at all times and places. If, prior to final acceptance, and materials, supplies or services are found to be defective or notes specified, City may reject them, require Seller to correct them without charge, or require delivery of such materials, supplies, or services at a reduction in price which is equitable under the circumstances. if Seller Is unable or refuses to correct such items within a time deemed reasonable by City, City may terminate the order in whole or in part Seller shall bear all risks as to rejected materials, supplies and services and in addition to any costs for which Seller may become liable to City under other provisions of this order, shall reimburse City for all transportation costs, other related costs incurred, or payments to Seller in accordance with the terms of this order for unaccepted materials, supplies and services. Notwithstanding final acceptance, and payment, Seller shall be liable for latent defects, fraud or such gross mistakes as amount to fraud. ARTICLE ill — CHANGES. City may make changes within the general scope of this order in drawings and specifications for specially manufactured supplies, place of delivery, method of shipment or packing of the order by giving notice to Seller and subsequently confirming such changes in writing. If such changes affect the cost of, or the time required for performance of this order, an equitable adjustment in the price or delivery or both shall be made. No change by Seder shall be recognized without written approval of City. Any cairn of Seller for an adjustment under this Article must be made in writing within thirty (30) days from the date of receipt by Seller of notification of such change unless Citywaives this condition Nothing in this Article shalt excuse Seller from proceeding with performance of the order as changed hereunder. ARTICLE IV —TERMINATION. A City may by written notice stating the extent and effective date. Terminate this order for convenience in whole or in part, at any lime. City shall pay Seiler as full compensation for performance until such termination: (1) the unit or pro date order price for the delivered and accepted portion; and (2) a reasonable amount, not otherwise recoverable from other sources by Seller as approved by City, with respect to the undelivered or unaccepted portion of this order, provided compensation hereunder shall in no event exceed the total order price. B. City may by written notice terminate this order for Seller's default, In whole or in part, at any time, if Seiler refuses or fails to comply with the provisions of this order, or so fails to make progress as to endanger performance and does not cure such failure within 'a reasonable period of time; or fails to make deliveries of the material or supplies or perform the services within the time specified or any written extension thereof. In such event, City may purchase or otherwlse secure materials, supplies or services and except as otherwise provided herein, Seller shall be liable to City for any excess costs occasioned Citythereby. If, after notice of termination for default, City determines that the Seller was not in default or that the failure to perform this order is due to causes beyond control and without the fault or negligence of Seller (including, but not restricted to, acts of God or of the public enemy, acts of City, acts of Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather, and delays of a subcontractor or supplier due to such causes and without the fault or negligence of the subcontractor or supplier), termination shall be deemed for the convenience of City, unless CUyshall determine that the materials, supplies, or services covered by this order were obtainable from other sources in sufficient tinie to'meet the required delivery schedule. C. If City determines that Seller had been delayed in the work due to causes beyond the control and without the fault or negligence of Seller, City may extend the time for completion of the work called for by this order, when promptly applied for in writing by Seiler; and if such delay is due to failure of City, not caused or contributed to by Seiler, to perform services or deliver Page 1 of 2 Attachment Page 4 CITY OF ROSEVILLE TERMS AND CONDITIONS OF PURCHASE ARTICLE 1— The materials, supplies or services covered by this order shall be furnished by Seller subject to all the teens and conditions set forth in this order including the following, which Seller, in accepting this order agrees to be bound by and to comply with in all particulars and no other terms or conditions shall be binding upon the parties unless hereafter accepted by them in writing Written acceptance or shipment of all or any portion of the materials or supplies, or the performance of all or any portion of the services, covered by this order shall constitute unqualified acceptance of all its terms and conditions. The terms of any proposal referred to in this order are included and made a part of the order to the extent of specifying the nature of the materials, supplies, or services ordered, the price therefor, and the delivery thereof, and then only to the extent that such terms are consistent with the terms and conditions of this order. ARTICLE A - INSPECTION. The Materials, supplies or services furnished shall be exactly as specified in this order, free from all defects in Seller's design, workmanship and materials, and, except as otherwise provided in this order, shall be subject to inspection and test by City at all times and places. If, prior to final acceptance, and materials, supplies or services are found to be defective or not as specified, City may reject them, require Seller to correct them without charge, or require delivery of such materials, supplies, or services at a reduction in price which is equitable under the circumstances. If Seller is unable or refuses to correct such items within a time deemed reasonable by City, Citymayterminate the order in whole or in part Seller shall bear all risks as to rejected materials, supplies and services and in addllon to any costs for which Seller may become liable to City under other provisions of this order, shall reimburse City for all transportation costs, other related costs incurred, or payments to Seiler in accordance with the terns of this order for unaccepted materials, supplies and services. Notwithstanding final acceptance, and payment, Seller shall be liable for latent defects, fraud or such gross mistakes as amount to fraud. ARTICLE At - CHANGES. City may make changes within the general scope of this order in drawings and specifications for specially manufactured supplies, place of delivery, method of shipment or packing of the order by giving notice to Seller and subsequently confirming such changes in writing. If such changes affect the cost of, or the time required for performance of this order, an equitable adjustment in the price or delivery or both shall be made. No change by Seller shall be recognized without written approval of City. Any claim of Seller for an adjustment under this Article must be made In writing within thirty (30) days from the date of receipt by Seller of notification of such change unless Clty waives this condition. Nothing in this Article shall excuse Seller from proceeding with performance of the order as changed hereunder. ARTICL E IY — TERMINATION. A City may by written notice stating the extent and effective date. Terminate this order for convenience in whole or in part; at any time. City shall pay Seller as full compensation for performance until such termination: (1) the unit or pro date order price for the delivered and accepted portion; and (2) a reasonable amount, not otherwise recoverable from other sources by Seller as approved by City, with respect to the undelivered or unaccepted portion of this order; provided compensation hereunder shall in no event exceed the total order price. B. City may by written notice terminate this order for Seller's default, in whole or in part, at any time, if Seller refuses or fails to comply with the provisions of this order, or so fails to make progress as to endanger performance and does not cure such failure within a reasonable period of time, or fails to make deliveries of the material or supplies or perform the services within the time specified or any written extension thereof in such event, City may purchase or otherwise secure materials, supplies or services and except as otherwise provided herein, Seller shall be liable to City for any excess costs occasioned City thereby. If,' after notice of termination for default, City determines that the Seller was not in default or that the failure to perform this order is due to causes beyond control and without the fault or negligence of Seller (including, but not restricted to, acts of God or of the public enemy, acts of City, ads of Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather, and delays of a subcontractor or supplier due to such causes and without the fault or negligence of the subcontractor or supplier), termination shall be deemed for the convenience of City, unless City shall determine that the materials, supplies, or services covered by this order were obtainable from other sources in sufficient time to meet the required delivery schedule. C. If City determines that Seller had been delayed in the work due to causes beyond the control and without the fault or negligence of Seller, City may extend the time far of the work caned for by this order, when promptly applied for in writing by Seller, and if such decay is due to failure of City, not caused or contributed to by Seller, to perform services or deliver Page 1of2 Attachment Page 5 CITY OF ROSEVILLE REQUEST FOR PROPOSALS [FORMAL] RFP — FIRE f RESCUE BILLING SERVICE RFP Issued Telephone: 916-774-5800 By: Roseville Fire Department Fax: 916-774-5810 401 Oak Street #402 Roseville, CA 95678 Date Issued: March 10, 2009 Page No. 1 No of Pages 14 Proposals, subject to the Terms and Conditions of this Request for Proposals and the accompanying Schedule, other contract provisions, specifications, drawings, or other data as are attached or incorporated by reference in the Schedule, will be received at the City of Roseville Clerks Office, Attention: Sonia Orozco, City Clerk, 311 Vernon Street, Roseville, CA 95678, until 3:00 p.m., Pacific Time on Tuesday, March 24, 2009, for Fire / Rescue Billing Services. Bid bond is not required. General information and instructions to bidders are contained in the terms and conditions on the attached pages SCHEDULE Please submit your proposal for Fire / Rescue Billing Services for the City of Roseville Fire Department the attached specifications, terms, conditions and proposal €orris. Complete and return this page along with the Proposal Section (Appendix 3, Fees and Payments) in TRIPLICATE. Proposals will be evaluated in accordance with evaluation criteria, including overall cosi, RFP responsiveness, experience, as defined in the attached specifications to determine which proposal best meets the needs DO NOT INCLUDE SALES TAX IN YOUR PROPOSAL in accordance with and related of the City. the City. Support Services by Note: 1. You MUST submit an original proposal response and two copies. that it is visible when delivered to Kevin. Dickson, Division Chief than Friday, March 20, 2009. 2. Print the RFP name on the outside of the package or envelope so 3. Direct all questions regarding this inquiry to Roseville Fire Department, fax (916) 774-5800 or e-mail, kdickson@roseville ca.us by no later In compliance with the above, the undersigned offers and agrees to furnish any or all of the items or services enumerated on which prices are quoted at the unit price set opposite each item and deliver them at the designated point(s) within the time specified BIDDERS MUST COMPLETE THE FOLLOWING: Name and Address of Bidder: Signature of Person Authorized to Sign Bid: Date of Bid: BIDDER TO INDICATE STATUS, AS TO: "PARTNERSHIP', "CORPORATION" "SOLE PROPRIETORSHIP", ETC Type or Print Signer's Name, Title & Phone No. Attachment Page 6 REQUEST FOR PROPOSAL CITY OF ROSEVILLE, CALIFORNIA Billing for Fire/Rescue Services City of Roseville Fire Department 401 Oak Street, #402 Roseville, CA 95678 Attachment Page 7 I. Project Description The City of Roseville is seeking a Billing for Services provider to begin or enhance cost recovery for fire and rescue efforts. 2. Narrative The project being undertaken by this RFP is to secure the professional services of an outside agency to assist in the cost recovery of emergency fire/rescue responses and extrication services provided by the City of Roseville Fire Department during a motor vehicle accident incident involving non -city residents. The successful proposal should address forms and procedures to be used by first responding units, procedures necessary for submitting claims to winning bidder, procedures outlining full accountability and tracking of all claims, and remittance procedures to the city. The proposal will be evaluated on the basis of ease of integration with current city procedures and policies. Also to be considered will be the bidder's technical ability and knowledge of all laws and regulations as they apply to the city. 3. Goals/Obiectives • Recover cost for services provided as all9wed by City Ordinance. • Develop a working relationship with a creditable service provider. • Provide a seamless method for cost recovery. • Provide for cost recovery without diminishing the integrity of the City of Roseville. • Providefor a systematic and standard recovery process. 4. Scope of Services a. A detailed proposal for rescue cost recovery will be delivered to the City for consideration. b. The effectiveness of the cost recovery and the competence of the agency will be successfully demonstrated to the City. c. The cost recovery procedures will be successfully implemented and be subject to an annual review. 5. Evaluation Criteria The city will use the following criteria in its process of evaluating the proposals, selecting a plan and awarding a contract. 2 Attachment Page 8 A. Preparation and Presentation Material is presented in a logical and comprehensive manner. B. Responsiveness The proposal must address each issue of concern to the City as specified In this RFP. C. Competence The agency must satisfactorily demonstrate an understanding of the scope and objective of this project, as well as a high level of competence in the provision of recovery services, based on service capabilities. D. Personnel Qualifications The management and personnel assigned to this project have experience in the provision of revenue recovery. E. Cost of Service The cost of providing the recovery service as well as any additional costs fees, or expenses for which the agency would seek payment. F. Accessibility Employees must be accessible to the City, insurance company and client inquiries. G. Documentation Ease of City staff with communicating, receiving, maintaining and interpreting records and reports. Vendor shall provide a plan for training of City staff and provide sample user documentation. H. Location The physical location of the company headquarters in regards to, A) on -site response time and, B) tax income being retained in the State of California and benefiting the State of California. 6. Negotiation Requirement The agency whose proposal is accepted may be required to participate in negotiations concerning the fee structure, the length of the contract and the extent of the professional services to be provided. Any contract between the City and the agency selected shall contain the results of any negotiations between the two parties, and such negotiated terms shall supersede any contrary specifications contained in this request for proposals. 3 Attachment Page 9 7. Term of Contract This contract for insurance claim recovery services is intended for an initial two (2) year period, with a renewal option for two (2) additional two-year periods to be negotiated with the selected agency. This contract is subject to annual performance review. Cancelation of the contract procedures and notification will be negotiated prior. to contract award. 8. Other Public Agencies Bidder agrees to offer the City of Roseville and other public entities, public utilities, or non-profit public benefit corporations the item(s), service(s) and price(s) quoted herein, under the same terms and conditions of this RFP, for a period of up to one (1) year. SPECIFICATIONS FOR ENTERING PROPOSALS 1. SUBMISSION OF PROPOSAL: Proposals must be received in a sealed envelope marked "RFP Billing for Fire/Rescue Services." An original and two (2) copies are to be submitted. Proposal must be submitted to: City of Roseville Attn: Sonia Orozco, City Clerk • 311 Vernon Street Roseville, CA 95678 Proposals must be received no later than 3:00 p.m. Tuesday, March 24, 2009. 2. POINTS OF VARIANCE: These specifications are considered by the City as most desirable, but alternate proposals equal to or substantially complying with these specifications are invited and shall be considered whenever such action is in the best interest of the City. These variances shall be stated in detail either on the bid sheet, where applicable, or on a separate sheet of paper. 3. Companies shall submit descriptive literature and any other data pertinent to their proposal, 4. The agency must be duly licensed to operate within the City of Roseville_ 4 Attachment Page 10 5.. SUBJECT OF PROPOSAL: The successful agency will provide Revenue Recovery Run Sheet Forms (paper and electronic versions) and will use them to produce and submit invoices to various insurance companies for insurance recovery. A complete accounting of claims which are uncollectible shall be included in all reports. 6. Vendor must have the ability to bill for Fire Calls for Service related to motor vehicle accident response and scene mitigation. 7. The contract award shall be for an initial period of two (2) years, with an annual performance review and the option to renew for two (2) additional two-year periods to be negotiated with selected firm. 8. Company shall provide on -site training at the inception of the program and regular on -site follow-up training for new hires and/or to rectify issues, questions, or any other concerns. Training shall be conducted on a 48/96, 3 platoon shift schedule during regular business hours. Class will not exceed 3 hours in length. 9. Company shall provide the name, address, . contact person, and telephone number of at least three (3) other districts, cities and/or municipalities for which similar services have been provided. 10. Failure to follow proposal specifications shall be reason for rejection of any bid proposal. Vendor Proposal Requirements (vendor to confirm or answer each in the formal bid): a) Describe the fees that would be charged by your firm to provide insurance recovery service. Thefees should be stated as a flat percentage of funds collected, or as a flat rate per account, plus any additional charges or expenses for which your firrn would expect to be reimbursed. - b) Proposal shall include any optional, additional or recommended services and their respective price. c) Vendor will provide a sample contract and an explanation of its pricing structure for the City to review. Pricing should include billing for services and any other vendor fees: d) Vendor shall submit its' average collection percentage rate. 5 Attachment Page 11 J) e) Vender shall bill insurance companies based on policies and guidelines stipulated by Roseville City Ordinance #4716. (Appendix #1) f) Vendor shall bill insurance companies at rates approved by the City of Roseville Fire Department as stipulated by the Motor Vehicle Accident Cost Recovery Fee Schedule. (Appendix #2) In the event of a dispute, the vendor will provide a report on claims and disputes. g) h) Vendor will list the specific information necessary to produce and bill a claim (Le.: name of individual, driver's license number, etc.). i) Vendor must have a password -secured website that supports secure claim submission over the Internet and which allows authorized personnel to view reports related to the claims i.e., "account aging" and "payments received". Vendor website shall have two levels of security access. One level for Run Sheet submission and a higher level for view/downloading reports. k) Vendor will provide on-line electronic file lookup and be able to. accept information from the City via email, fax, or from an electronic format. Vendor will provide custom reports and data exports on any data fields upon request within 5 business days of the request being received. Requests for custom reports can be received through email, fax or common carrier. Vendor must be able to provide Reports bv: Selecting a date range Daily Monthly Quarterly Annually Year to Date Districts Station Type of Service Performed Other Reports Required of Vendor: 6 Attachment Page 12 Accounts Receivable Aging Month End Statements Billing and Claims m) Vendor will ensure daily backups are stored in a secure safe location. n) Vendor will describe the security measures used and provide adequate assurances of safeguards of the confidentiality of records. o) Vendor will mail all checks to the City of Roseville on or before the 7u' of each month for all billable runs/invoices received . the prior month. If requested by the City of Roseville, vendor • will make direct electronic deposits into the city's designated bank account. Vendor will provide communications only to the designated City representative(s) for the Client. Vendor will allow local, on -sight inspections of records and deposits by designated City personnel and/or City external audit firm. p) q) Vendor will provide an orientation for all personnel and training for administrative personnel on the system setup and procedures as well as provide customer service and onsite training free of charge to the City staff regarding billing questions, fielding of complaints, setup of files and reporting requirements. s) Vendor will provide initial onsite training for all line -personnel and office staff on an on -going basis as well as for new -hires. t) Vendor will have knowledge of fire service terminology in order to field billing customer complaints and assist City staff. u) Vendor will provide it's regular business hours maintained (PST).. v) Describe the computer system used in your operations, including the software for your collection system. 7 Attachment Page 13 `r CITYOF�j� ROSE ILLE CALIFORNIA COUNCIL COMMUNICATION City Clerk Use Only DATE: February 4, 2009 TITLE: Non -Resident Motor Vehicle Accident Cost Recovery Ordinance CONTACT: Fire Chief Ken Wagner x5825 (kwagnerOroseville.ca.us) Division Chief Kevin Dickson x5871 (kdickson@rosevilte.ca.us) Meeting Date: February 18, 2009 SUMMARY RECOMMENDATION The Fire department recommends council approve the attached ordinance allowing the billing of vehicle accident response and services performed by the Fire Department. The ordinance limits the billing to only insurance carriers of those involved parties living outside of the Roseville city limits. BACKGROUND Current policies, codes and ordinances allow the Fire Department to submit bills for service to responsible parties under circumstances such as; incidents where the driver is determined to be driving under the Influence (DUI), significant release of hazardous materials and significant fires that are determined to be caused by negligence. Most, if not all automobile insurance companies have provisions in their policies stipulating payment to fire departments for emergency response and services provided at vehicle accidents. The trend in our area and throughout the country is to bill for these services directly to the insurance carriers. Even though it is permissible to bill all involved parties this ordinance specifically specifies billing for services to involved parties that reside outside of Roseville city limits and further specifies the billing be directed to insurance carriers only with no direct billing to involved parties. Several vendors have been identified that specialize. in the billing and collection of these types of fees. With the adoption of this ordinance the fire department will call for proposals from qualified vendors and return to council with a bid award and contract approval. The attached fee schedule was prepared utilizing current salary tables, equipment cost and average times typically associated with these types of events. The schedule will be evaluated each year and adjusted appropriately, Data will be collected by fire personnel at the time of the accident and submitted to the approved vendor for billing. FISCAL IMPACT Based on 2008 calendar year vehicle accident statistics it is estimated this program will generate $100,000.00 to the general fund annually. ENVIRONMENTAL REVIEW The adoption of the attached ordinance is not considered a "project" as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines §15378). Consequently no CEQA action is required, Attachment Page 14 Non -Resident Motor Vehicle Accident Cost Recovery Ordinance Council Meeting of October February 18, 2009 — Page 2 RECOMMENDATION Staff recommends the adoption of the attached ordinance and directs the Fire Chief to request proposals from qualified venders to provide the billing services as specified Respectfully Submitted, Ken Wagner (Fire Chief) APPROVED: W. Craig Robinson City Manager Attachment Page 15 ORDINANCE NO Appendix No. 1 ESTABLISHING AND IMPLEMENTING A PROGRAM TO CHARGE USER FEES FOR THE DEPLOYMENT OF PUBLIC SAFETY SERVICES RENDERED BY IHE CIIY OF ROSEVIL.L.E WHEREAS, additional demands are placed on all operational aspects of the Fire Department by the increasing need for Emergency Services response activity to incidents on the highways; and WHEREAS, the Fire Depaitment has investigated different methods to maintain a high level of quality of emergency service capability throughout times of constantly increasing service demands, where maintaining an effective response by the Fire Department decreases the costs of incidents to insurance carriers through timely and effective management of emergency situations, saving lives and reducing property and environmental damage; and WHEREAS, raising real property tax to meet the increase in service demands would not be fair to the property owners, when a high percentage of Motor Vehicle Accidents (MVA) involve individuals not owning property or paying taxes in the jurisdiction; and the ability of the Fire Depaitment to effectively respond decreases the liability of insurance companies by saving lives and minimizing vehicle damage and environmental loss; and WHEREAS, the City of Roseville desires to implement a fair and equitable procedure by which to collect said MVA fees and establish a billing system in accordance with applicable laws, regulations and guidelines; TILE CITY OF ROSEVILLE ORDAINS: SECIION 1_ Chapter 9 27 of Title 9 of the Roseville Municipal Code is hereby added to read as follows: 9.27.010 Motor Vehicle Accident Cost Recovery A the City of Roseville shall initiate user fees for the delivery of Fire and Rescue Services, personnel, supplies and equipment to the scene of'motor vehicle accidents and other incidents within the City of Roseville. The rate of user fees shall be that which is usual, customary and reasonable, which may include any services, pet sonnel, supplies, and equipment and with baseline rates established by Council Resolution: Ihese user fees will only apply to persons not residing within the City of Roseville. Responses involving intoxicated drivers will continue to be billed pursuant to California Vehicle Code section 53150 B. the fees shall be billed to the motor vehicle insurance carrier for all vehicles involved in the motor vehicle accident or incident, representing an add -on cost of the claim for damages of the vehicles, property and/or injuxies Attachment Page 16 C. All amounts collected as a result of this Ordinance shall be placed into the General Fund and may be used for any lawful purpose. SECTION 2. This ordinance shall be effective at the expiration of thirty (30) days from the date of adoption.. SECTION 3. If any section or provision of this Ordinance is declared by the courts to be invalid, such decision shall not invalidate any other section or provision of this Ordinance. SECTION 4. I he City Clerk is herby directed to cause this ordinance to be published in full at least once within fourteen (14) days after it is adopted in a newspaper of general circulation in the City, or shall within fourteen (14) days after its adoption cause this ordinance to be posted in full in at least three (3) public places in the City and enter in the Ordinance Book a certificate stating the time and place of said publication PASSED AND ADOPIED by the Council of the City of Roseville this day of , 20, by the following vote on roll call: AYES COUNCIL MEMBERS: NOES COUNCILMEMBERS: ABSENT COUNCILMEMBERS: ATTEST: City Clerk 2 MAYOR Attachment Page 17 LLC Providing Funds to Our Fire. Departments www.firerecoveryusa.com March 20, 2009 City of Roseville ATTN: Sonia Orozco, City Clerk 311 Vernon Street Roseville, CA 95678 Formal Bid for Billing for Fire Rescue Services Dear City of Roseville: The following is our Formal Bid for Billing for Rescue/Cost Recovery for the City of Roseville Thank you for taking the time to consider our system for your city. We currently have a business license in the city of City of Roseville. Subject of Proposal: We bill on your behalf, for the services you provide during an incident. You can choose which of the many services you'd like us to bill for, which currently include: Motor Vehicle Accidents (MVAs), Vehicle fires, Structure fires, Marine Vessel fires, Hazmat calls, False Alarms, Bomb Squad calls, Gas Pipeline Repair/Supervision services, Arson Investigations, and Environmental Clean-up services_ We will bill at the rates defined by the Roseville City Ordinance #4716. Although billing for fire services sounds simple, how we generate our high recovery rate is very sophisticated_ Some Fire Departments do perform in-house billing; unfortunately, they typically see a low recovery rate (between 10-15 percent). This low rate can be attributed to the fact that insurance companies are experts at not paying and the typical Fire Department or city is not equipped in the field of insurance billing. We use advanced methods resulting in a proven higher recovery percentage (historically over 70%), which is the best in our industry_ So what makes us different? We have several interesting techniques in our system including methods that we've developed during our years of billing experience that informs insurance companies of their fiscal responsibilities. While this alone would guarantee us to equal or exceed our competitors, the real basis for our high recovery percentage is our ability to gather the 219 Vernon Street Phone 888-640-7222 Roseville, CA 95678 Fax 916-290-0542 Attachment Page 18 necessary information to recover fundsfor a call that would otherwise be written off as unrecoverable by others. What our clients really appreciate is our ability to track down the necessary information of those persons involved in the incidents. We have investigative techniques (both live and software -based) that allow us to find most of the necessary facts. In addition, we require the least amount of information from the Fire Departments to create a bill (name of individual, car license number, and the name of the insurance carrier) - that's it! We believe that this is our responsibility and not the Fire Department's. We are the only fire service billing company in association with the International Association of Fire Chiefs. As such, we will provide one yearly membership in the IAFC for each year our contract with the City of Roseville is in force. Bottom line: if you employ our billing service, you will enjoy, not only our excellent customer service and training, but also be confident you have the highest recovery percentages possible. How It Works: Our system is very simple. Run submission can be done in one of two ways: 1. Upon return to the station, you can fax our one -page Run Sheet. 2. Upon return to the station, you can submit the run using our Online Run Submission site. Once submitted we go to work in claim recovery. The status of each run is available 24/7 online on our password protected site to allow you to forecast incoming funds and plan for their use. On or before the 7th of each month, we'll mail to the City of Roseville, a check for all payments received prior to the prior month's cut-off date (typically the 24th), minus our collection fee. This will also include an itemized breakdown of what runs the check is paid against. * As an option, we can collect the checks (so we could verify they've been received and confirm to our collection team to stop attempting to collect), and then mail to you or deposit directly into your account. Each month you would receive a bill from us for our fee portion. Although this is additional work for you, it is an option you can choose now or in the future_ We would provide on -site training to your personnel and new -hires assigned to submit the runs to us. This training would be conducted on a 48/96, 3 platoon shift during regular business hours and encompass both filling out and faxing the runs sheets to us as well as using our Online Run Submission system. It is an extremely simple process (training is less than 2 hours), however, we will insure all those taking part in our program are fully trained and competent with our procedures. Attachment Page 19 Term of the Contract: The initial term of the contract is two (2) years, with an annual performance review and the option to renew for two (2) additional two-year periods. Personnel and Leadership Team: Fire Recovery USA, LLC evolved over a period of several years. Although the current company was formed in early 2007 with the addition of a third partner and the relocation of our headquarters, it was birthed from the original Fire Recovery USA which began in late 2006. Several years ago, Troy Walsh, one of our founders, recognized that fire departments throughout the country were facing declining budgets. Being from the fire service, he wanted to find some way to help replace those funds. During his investigation, he found that some fire departments have been billing for some of their services for over a decade. For two years, he looked into the legality of the concept, interviewed the major players in the industry, and asked why every department doesn't bill. He found that most fire departments are simply unaware of their right to bill, or that those that do bill "in house" have extremely low collection percentages. He also learned that private collection companies, while much better, left a lot of room for improvement. A search began for a team of individuals who would have the necessary skills to put together a fund recovery program that would be like any other. The goal was a company that could offer both the best customer service and the highest funding percentage in the industry. Troy's desire was to meet the needs of fire departments to improve their capabilities through increased funding, and therefore provide better equipment, more manpower, etc. After exploring the business operation and legalities, he invited Mike Rivera to be part of the team in order to develop the business plan and to pull the various business components together. Mike has over 18 years of experience in starting, growing, managing, and developing businesses. Not only was Mike immediately taken with the concept, but, after investigating the industry, saw a real way for Fire recovery to be superior to any other similar service in the industry. We moved slowly and strategically. We made sure not to promise anythingwe couldn't deliver. We wanted to see our estimates exceeded on a regular basis, so we took our time developing the best team possible. Mike had a relationship with Greg Schmidt, a businessman with over 15 years experience in the collections field. Although Greg is an owner/partner in several successful companies, his main business, VGS Associates, has developed large ($100 million plus) accounts in contingency billing and collections with a client base of primarily Fortune 500 companies. Bringing him in as a partner in the operations side of the company also brought his management team. Greg's team includes Rick Benner as head of our Business Operations. Rick, the former President of the Sacramento Kings basketball team, has 19 years experience in operationsand finance. His tenure with the Kings also included stints as Chief Operating officer, Executive Vice President, and Vice President of Finance. Attachment Page 20 Our team also includes Lindsey Buchanan who oversees our collection department and spearheads our on-line reporting (where the Fire Chiefs have access 24/7 to what bills have been submitted, where they are within the collection process, and when they can expect payment). Of course, we also have accounting and legal teams, as well as local support employees (marketing, collections, administration, etc.) in our main office in Roseville, California. Through our total organization and nationwide affiliates, we have over 120 representatives nationwide to provide sales, training, and support. California Clients & References: City of Pinole Fire Department Jim Parrott 880 Tennent Ave. Pinole, CA 94564 (510) 724-8974 Foresthill Fire Protection District Keith Drone P.O. Box 1099 Foresthill, CA 95631 (530) 367-2465 Nevada County Consolidated Tim Fike 11329 McCourtney Road Grass Valley, CA 95949 (530) 273-3158 Penryn Fire Mitch Higgins 7206 Church St. Penryn, CA 95663 (916) 663-3389 Pioneer Fire Peter Shurville 7061 Mount Aukum Road Somerset, CA (530) 620-4444 Attachment Page 21 North County Fire Bill Metcalf 330 So. Main St. Fallbrook, CA 92028 (760) 723-2012 City of Upland Michael Antonucci P.O. Box 460 Upland, CA 91785 (909) 931-4180 Montezuma Fire District Joe Rosewall 21 N 4th Street Rio Vista, CA 94571 (707) 374-5962 Olancha Cartago Fire Steve Davis PO Box 64 Olancha, CA 93549 (760) 793-0111 Loomis Fire Prot. Dist. Barbara Leak PO Box 606 Loomis, CA 95650 (916) 652-6813 Sutter -Basin Fire Dept. Sam Martin PO Box.68 Robbins, CA 95676 (530) 681-5218 Attachment Page 22 Personnel In our Roseville, California facility: • Troy Walsh — VP of Sales • Mike Rivera — VP of Business Development • Greg Schmidt — VP of Operations • Rick Benner — COO • Lindsay Buchanan — Recovery Division Mgr. • Chris Valenzuela — Sales Account Representative • Kathy Valenzuela — Sales Account Representative In addition, we have over 110 sales and training support personnel in the following regions: • Atlanta, GA • Anchorage, AK • Washington, D.C. • Englewood, CO • Indianapolis, IN • Exton, PA • Fremont, NE • Highland, NY • Houston, TX • Williamsport, MD • Tempe, AZ • Chesapeake, VA • Vancouver, WA • Charlotte, NC Personnel Specifically Assigned to City of Roseville: Chris Valenzuela — Account Representative and Training. chris@firerecoveryusa.com - 916-223-2511 Lindsay Buchanan — Recovery and Training. Lindsay@firerecoveryusa.com - 916-789-1283 Troy Walsh — Account Manager. troy@firerecoveryusa.com - 916-789-1525 Attachment Page 23 Vendor Proposal Requirement Questions: a) Our fees are 20% of only the monies we collect for the City of Roseville. There are no other charges or hidden costs_ b) At this time, there are no other services offered other than billing services. Our current billing services include: Motor Vehicle Accidents (MVAs), Vehicle fires, Structure fires, Marine Vessel fires, Hazmat calls, False Alarms, Bomb Squad calls, Gas Pipeline Repair/Supervision services, Arson Investigations, and Environmental Clean-up services. c) See sample contract (attached). d) Our Recovery Department has a collection rate of over 70% based on "billable" MVA runs. We consider a run "billable" if the person involved has current insurance coverage and is the driver "at -fault". We have consistently maintained this collection percentage for over one year. e) Affirmed. f) Affirmed. g) Affirmed. h) The minimum information needed is three items: individual's name, individual's address or phone number, and the name of the insurance provider. Additional information is helpful and can increase the collection rate, but is not necessary. i) Affirmed. j) Affirmed. k) Affirmed. I) Affirmed. m) All electronic records are kept off -site in a secure server. You will find additional information on our software and computer system below, however, here is the specific information on Daily Backups and Fail -Safes: • Entire server facility on UPS • 2 Layers of diesel generators • Redundant Ethernet links • Compact zone dry pipe fire suppression Our production files are backed -up nightly with weekly off -site storage. In addition to servers in Texas we have secondary access to a server in Oakland, CA. Attachment Page 24 n) Our official policy is that no confidential information will be released to anyone other than the password protected person(s) authorized by the City of Roseville and the insurance company(s) involved in the incident. Our Internal Control Policy is only those employees in our Recovery Department who are authorized to input and track claims will have access to confidential information on any claims and the individuals involved in the claims. o) Affirmed. p) Affirmed. q) Affirmed. r) Affirmed. s) Affirmed. We provide unlimited, live, on -site training to all personnel now and in the future. This training would be conducted on a 48/96, 3 platoon shift during regular business hours and encompass both filling out and faxing the runs sheets to us as well as using our Online Run Submission system. It is an extremely simple process (training is less than 2 hours), however, we will insure all those taking part in our program are fully trained and competent with our procedures. We can respond quickly to any issues you have (in person, if necessary, as our office is five minutes away). t) Affirmed. u) Normal office hours in our Roseville, CA facility are 8am (PST) to 5pm (PST), Monday through Friday. v) Our computer system is as follows: HARDWARE AND SOFTWARE INFRASTRUCTURE: Software — custom written to our proprietary collection system. • Programming Language - PHP • Database - MYSQL Servers • Dell Dual Xeon 3.0 • 2x2MB cache • 4GBRAM • 6x36gb 15krpm SCSI • RAID50 • Managed backup for up to 1 TB • Shared firewall • Fully Managed 24x7 support Data Center — Security features • 5 layers of biometric locks Attachment Page 25 • 24/7 Video recording with 30-day retrieval • 24/7 Multi -man security • Self -powered kinetic locks on each cabinet with individual codes Backups and Fail -Safes • Entire facility on UPS • 2 Layers of diesel generators • Redundant Ethernet links • Compact zone dry pipe fire suppression Our production files are backed -up nightly with weekly off -site storage. In addition to servers in Texas we have secondary access to a server in Oakland, CA. System Implementation Plan: Unless directed otherwise by the City of Roseville, this will be implemented in the following manner: • We will setup your Online Run Submission Site with passwords. • We will provide our Online Run Submission Training Manual • We will provide faxable Run Sheets (in the event you choose not to use, or are unable to use the online system). • We will schedule training dates for the personnel you designate as run submission contacts. • We will provide an orientation for all personnel and training for administrative personnel on the system setup and procedures as well as provide customer service and onsite to the City of Roseville staff regarding billing questions, fielding of complaints, setup of files and report run assistance. • We will provide initial onsite training. This training would be conducted on a 48/96, 3 platoon shift during regular business hours and encompass both filling out and faxing the runs sheets to us as well as using our Online Run Submission system. Attachment Page 26 CONCLUSIONS: • City of Roseville will generate approx. $32,400 more NET profit with Fire Recovery (over 32% higher collections at 400 runs per year) versus our competitors. • Fire Recovery offers more services that you can bill for than any our competitors. • Fire Recovery provides lower labor costs to City of Roseville. Your personnel have less work to complete in order to submit a run with Fire Recovery because we require Tess information from you to process the bills. • We are headquartered in the City of Roseville, making on -site training or support only five minutes away. • Taxable income from Fire Recovery will add to the Roseville and California economy. look forward to providing your organization with the best solution to your billing program. Rest assured that our program will not only bring new funds to your fire department, but also allow your personnel to focus on their jobs and not have to deal with billing issues — that's our job. Please feel free to email or call if you have any questions or require additional information_ Sincerely, Michael Rivera Fire Recovery USA mikerivera@firerecoveryusa.com Attachment Page 27 Revenue Justification Cost of Our Service: We charge 20% of only the funds we collect. There are no other charges whatsoever (training, reporting, etc. is all provided at no charge). While there may be other companies that charge less for their service, allow us to explain why using our service will actually generate higher returns for the City of Roseville. Most of our competitors average about a 30%-50% collection rate while we average over 70%_ If we take an example using the following assumptions: • You want to bill approx. 400 calls/year - (based on your data). • The average bill is $600 - (based on actual data and your rates). • Our competitor's collection rate is 50% - (an estimate based on known data). • Our collection rate is 70% - (our actoal current rate over the past 12 months). • Our competitor's fee is 15% - (a guess— it may be higher)_ • Our fee is 20%. Using Brand X $240,000 billed (400 runs x $600) x 50% Collection Rate x 85% NET (after their 15% fee) = $102,000 NET PROFIT. Using Fire Recovery $240,000 billed (400 runs x $600) x 70% Collection Rate x 80% NET (after our 20% fee) $134,400 NET PROFIT. CONCLUSIONS: 1. You will generate approx. $32,400 more NET profit with Fire Recovery (about 32% higher earnings): 2. If our competitor's fees are higher than 15%, then you NET even more profit by choosing Fire Recovery. Other Important Cost Items to Consider: • There are no other costs to our service. • We provide unlimited, live, on -site training to all personnel now and in the future. • Less accounting costs for the City of Roseville as we send your payments NET, not Gross with a bill for our services (like some others). • We can respond quickly to any issues you have, in person, (our office is less than an 5 minutes away). Attachment Page 28 ACORD CERTIFICATE • OF LIABILITY INSURANCE 1 0TEpaIFDDo o PRODUCER (407)788-3000 FAX (407)788-7933. Insurance Officeof America, Inc. P.O. Box 162207. Altamonte Springs, FL 32716-2207 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 NAIC # RED FIRE RECOVERY USA, LLC - 219 VERNON STREET ROSEVILLE, CA 95678 - - .Len/A Hartford Casualty Ins Co 29424 INSURER : Hartford Fire Ins Co. 19682 usUERC ISG-Pacific Wholesale Brokers PRE 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 MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID -CLAIMS. . " USR UTR ADM NSRD TYPEOF INSURANCE POUCY NUMBER POLICY EFFECTIVE DATEIMMIODIYY) POLICY EIR XPATION DATE IMMIDOMI. - - - LY4TS A GENERAL LMBILRY COMMERCIAL GENERAL LIABILITY 21S8MIG9495 05/B1/2010 - 05/01/2011 - $-1,000,060 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (FAyrn rmre) $ 300, 000 CLAIMS MADE X OCCUR -MED E)IP (P y one Person) $ . 10, 000 X PER&)t-AL & ADV INJURY $ 1, 000. 000 GENL GEPERPL AGGREGATE $ 2, 000, 000 AGGREGATE OAT APPLIES PER POLICY n n LOC PRODUCTS - COMP./Op AGG $ 2 , 000, 000 —1 - A - - AUrOMOBILELMBE)rY - ANY AUTO ALL °WWI) AUTOS SCHEDULED AUTOS ' 215BMIG9495 - - 05/01/2009 05/01/2010 - - comm,EosINGLELNI&iT (Es accident! ' $ 1,000,000 'BODILY WARY _ (Per person) $ _ X X HIRED AUTOS NON-O M AUTOS - - - BODILY INJURY (Per ac ,ded) - - $ PROPERTY DAMAGE (Per accident) $ .. ' GARAGE LIABILITY ANY AUTO - - ALTO ONLY - EA ACCIDENT.- $ - l OTHER THNN. - FAACC $ AUTO ON.Y' AGG • $-. EXCESSAIMBREL.J:ALUBILnY OCCUR -CLAIMS MADE - - DEDUCTIBLE - RETENTION $ . - - - - - - EACH OCCURRENCE $ AGGREGATE - 4 $.. - - $ - $ -: B. WORKERS COMPENSATION AND EMPLOYERS, LIABILITY ANY PROPRIETOTUPARTrMBERIt7�EC.UTIVE OFFICER/MEMBER EXQ.IAED? . " er. der If yes, dund SPECIAL PROVISIONS below 21WECP07250 - 05/01/2010 - - 05/01/2011 - wesrATu °A+ TORY LIMBS ER E.l.E4CFi ACCIDENT . $ - . 1,000,000 El- DISFAS - EA EMPLOYEE $ 1, 000,000 - - - _ DEL. FYSFASF - POLICY LIMIT . $ -1, 000, 000 C Pro essiona1tlability TBAPAC00000709 05/01/2010 05/01/2011 `$1,000,000 each claim' $1,000,000 aggregate •$5;000- Deductible, ' DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIOONS ADDED TOT ENDORSEMENT I SPECIAL PROVISIONS- : Vational City Fire Department is' an additional insured per company form 5500080405 as required 'by written contact. =10 days notice applies for non-payment of premium CERTIFICATE HOLDER Walter Amedee Homeland Security Manager National City Fire Department 1243 National City Boulevard National City, CA.91950 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 8E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER PALL ENDEAVOR TO MAR 30" DAYSWRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FNLURETO MAIL SUCH NOTICE SHALL I,POSENO OBLIGATION DR UABIJIY OF MAY F NG UPON THE INSURER, RS AGENTS OR REPRESENTATIVES: • AUTHORIZED REPRESENTATIVE Daniel Caudill/MASOTJ _ORD 25 (2001108) ©ACORD CORPORATION 1988 Attachment Page 46 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(es) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER. The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Attachment Page 47 SERVICES AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND FIRE RECOVERY USA, LLC FOR IMPLEMENTING A COST RECOVERY PROGRAM This Services Agreement ("Agreement") is made effective as of May 18, 2010 ("Effective Date"), by and between FIRE RECOVERY USA, LLC, a California limited liability company ("Company"), and the CITY OF NATIONAL, ("City"). The Company and City are referred to herein individually as a "party" and collectively as the "parties." RECITALS WHEREAS, Company engages in the business of performing billing services ("Company Services") for United States Cities in connection with motor vehicle incidents and other emergency incidents at which the fire departments provide emergency services; and WHEREAS, City seeks the services of Company to assist with the billing for services that City providesin connection with motor vehicle incidents and other emergency incidents; and WHEREAS, Company and City desire to enter into this Agreement to memorialize their agreements regarding the Company Services to be provided to City. NOW, THEREFORE, in consideration of the mutual representations, warranties and covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Company and City agree as follows: ARTICLE 1 ENGAGEMENT 1.1. Engagement: City hereby engages Company to provide the Company Services described in Article 4 herein, and City hereby accepts such engagement, all on the terms and conditions set forth herein. Company will determine the method, detail and means of performing the services detailed below. ARTICLE 2 REPRESENTATIONS AND WARRANTIES 2.1. Representations and Warranties of Company: Company hereby represents and warrants to City that, at all times during the term of this Agreement, Company is a limited liability company duly organized, validly existing and in good standing under the laws of the State of California. 2.2. Representations and Warranties of City: City hereby represents and warrants to Company that, at all times during the term of this Agreement, City is municipal corporation established pursuant to the laws and ordinances of the state in which City is located. ARTICLE 3 COMPANY STATUS AND QUALIFICATIONS 3.1. Independent Contractor: Company enters into this Agreement, and will remain throughout the term of the Agreement, as an independent contractor. Company agrees that it will not become an employee, partner, agent or principal of City while this Agreement is in effect. 3.2. Payment of Income Taxes: Company is responsible for paying when due all income taxes, including estimated taxes,incurred as a result of the compensation paid by City to Company for services rendered under this Agreement. On request, Company will provide City with proof of timely payment. Company agrees to indemnify City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Company's failure to comply with this provision. 3.3. Use of Employees or Subcontractors: Company may, at Company's own expense, use any employees or subcontractors as Company deems necessary to perform the services required of Company by this Agreement. City may not control, direct, or supervise Company's employees or subcontractors in the performance of those services. 3.4. Qualifications: Company represents that it is qualified and has the skills necessary to perform the services under this Agreement in a competent and professional manner, without the advice or direction of City. 3.5. Ownership Interest: Company will have no ownership interest in City. 3.6. No Benefit Contributions: Company shall have no obligation under this Agreement to compensate or pay applicable taxes or provide employee benefits .of any kind to any person employed or retained by City. 3.7. Attorney -in -Fact: City appoints Company as City's attorney -in -fact for the following purposes: (a) Billing and Collections: To bill and collect ("Collections") all revenue earned by and due to City, in connection with City's provision of emergency services provided/rendered at the sites of motor vehicle incidents and other emergency incidents, and to receive all Collections on City's behalf and to sue for and give satisfaction for monies due on account and to withdraw any claims, suits, or proceedings pertaining to or arising out of Company's or City's right to collect such amounts; and (b) Endorsement: To take possession of and endorse in City's name any notes, checks, money orders, and any other instruments received as Collections. 2 ARTICLE 4 GENERAL RESPONSIBILITIES OF COMPANY 4.1. Minimum Amount of Service: Company agrees to devote as• much time and attention to the performance of the Company Services under this Agreement, as may be, in Company's sole discretion, required to accomplish the tasks described herein to accomplish the results for which the Company is responsible under this Agreement. 4.2. Company Services: Contractor agrees to perform the Company Services related to billing and collecting set forth in the "List of Company Services" attached hereto as Schedule "A" and incorporated herein by reference. 4.3. Non -Exclusive Relationship: Company may represent, perform services for, and contract with as many additional clients, persons, or companies as Company, in Company's sole discretion, sees fit. 4.4. Time and Place of Performing Work: Company may perform the services under this Agreement at any suitable time and location Company chooses. 4.5. Materials and Equipment: Company will supply all materials. and equipment required to perform the services under this Agreement. 4.6. Workers' Compensation: Company agrees to provide workers' compensation insurance for Company and Company's employees and agents and agrees to hold harmless and indemnify City for any and all claims arising out of any injury, disability, or death of any of Company's employees or agents. The Company 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 Company under this Agreement. 4.7. INSURANCE. The Company, 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 shallinclude owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,0r00,000 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 Company'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. If Company has no employees subject to the California Workers' Compensation and Labor Iaws; Company shall execute a Declaration to that effect. Said Declaration shall be provided to Company by CITY. 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, shallname the CITY and its officers, agents and employeesas 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 Company 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 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 Company 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 ternunate 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. 4.8. Assignment: Neither this Agreement nor any duties or obligations under this Agreement may be assigned by Company without the prior written consent of City, which consent shall not be unreasonably withheld. ARTICLE 5 COMPENSATION OF COMPANY 5.1. Compensation for Company Services: All Company Services provided pursuant to this Agreement will be provided in accordance with the terms, including compensation amounts and schedule of remittance, set forth in the "List of Company Services," attached hereto as Schedule A. 5.2. The provisions of Article 11 of this Agreement will govern any dispute associated with compensation. ARTICLE 6 OBLIGATIONS OF CITY 6.1. Cooperation of City: The City agrees to comply with all reasonable requests of Company and provide access to all documents reasonably necessary to the performance of Company's duties under this Agreement. 6.2. Assignment: Neither this Agreement nor any duties or obligations under this Agreement may be assigned by City without the prior written consent. of Company, which consent shall not be unreasonably withheld. ARTICLE 7 CITY AUTHORIZATION 7.1. Authorization: Notwithstanding other provisions of this Agreement, Company shall obtain authorization from City prior to performing any of the following: (a) The sale conveyance, transfer, pledge exchange, assignment, hypothecation, or encumbrance of City's interest in any sums owed to City; and (b) All other limitations as stated by the terms of this Agreement. ARTICLE 8 TERMINATION OF AGREEMENT 8.1. Unless earlier terminated as set forth below, this Agreement shall be effective as of the date first set out above and shall continue for a period of one (1) year thereafter. This Agreement can be renewed annually should both parties agree to the renewal. 8.2. Termination for Convenience: This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 30-day's written 5 notice to the Company. During said 30-day period the Company shall performall services in accordance with this Agreement. City may cancel for any reason, without notice, within the first ninety days (90) of the contract. 8.3. Termination on Occurrence of Stated Events: This Agreement will terminate automatically on the occurrence of any of the following events; (a) Bankruptcy or insolvency of either party; (b) The assignment of this Agreement by either party without the consent of the other party; the parties agree that neither party will unreasonably withhold consent to such an assignment. 8.4. Termination for Default: If either party defaults in the performance of this Agreement or materially breaches any of its provisions, the non -breaching party may terminate this Agreement by giving written notification to the breaching party. Termination will take effect immediately onreceipt of notice by the breaching party or five days (5) after mailing of notice, whichever occurs first. For the purposes of this paragraph, material breach of this Agreement includes, but is not limited to, the following: (a) Company's failure to complete the services specified in the Description of Services; (b) City's material breach of any representation, warranty or agreement contained in this Agreement; (c) Company's material breach of any representation, warranty or agreement contained in this Agreement; (d) City's yearly billable run volume is at or below six runs (6). ARTICLE 9 PROPRIETARY RIGHTS 9.1. Confidential Information: Any written, printed, graphic, or electronically or magnetically recorded information furnished by City for Company's use are the sole property of City. This proprietary information includes, but is not limited to, customer requirements, customer .lists, marketing information, and information concerning the City's employees, products, services, prices, operations, and subsidiaries. Company will keepthis confidential information in the strictest confidence, and will not disclose it by any means to any person except with the City's approval, and only to the extent necessary to perform the services under this Agreement. This prohibition also applies to Company's employees, agents, and subcontractors. On termination of this Agreement, Company will return any confidential information in Company's possession to City. 6 ARTICLE 10 INDEMNIFICATION 10.1. Indemnification by Company: Company shall indemnify City and hold it harmless from any and all liability, including reasonable attorneys' fees, caused by or resulting from (i) the negligent or intentional acts or omissions of Company or any officer, director, agent, or employee thereof, or (ii) any breach of this Agreement by Company. ARTICLE 11 GENERAL PROVISIONS 11.1. Governing Law: This Agreement shall be governed in all respects by the laws of the State of California, without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction that would cause the application of the laws of any jurisdiction other that the State of California). 11.2. Entire Agreement: This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understanding of the parties. 11.3. Project Coordination and Supervision: hereby is designated as the Project Coordinator for the City and will monitor the progress and execution of this Agreement. The Company shall assign a single. Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the Company. thereby is designated as the Project Director for the Company. . 11.4. Successors and Assigns: Except as otherwise provided herein, the provisions hereof shall inureto the benefit of, and be binding upon, the successors, assigns, heirs, executors and administrators of the parties hereto. No party may assign any of its rights or obligations hereunder without the express written consent of the other party hereto, which consent may not be unreasonably withheld; provided, however, any party may assign any and all of its rights and interests hereunder to one or more of its affiliates and designate one or more of its affiliates to perform its obligations hereunder; provided, however, that such party remains liable for full and total performance of its obligations hereunder. 11.5. Notices: Any notices authorized to be given hereunder shall be in writing and deemed given, if delivered personally or by overnight courier, on the date of delivery, if a Business Day, or if not a business day, on the first Business Day following delivery, or if mailed, three days after mailing by registered or certified mail, return receipt requested, and in each case, addressed, as follows: If to the Company to: Fire Recovery USA, LLC 219 Vernon Street Roseville, CA 95678 with a copy to: The Watkins Firm, APC 4520 Executive Drive, Suite 105 San Diego, California 92121 7 Attention: Mike Rivera Attention: Chris Popov, Esq. If to City to: Director of Emergency Services City of National City 1243 National City Boulevard National City, CA 91950 with a copy to: City Attorney City of National City 1243 National City Boulevard National City, CA 91950 Or, if delivered by telecopy, on a Business Day before 4:00 PM local time of addressee, on transmission confirmed electronically, or if at any other time or day on the first Business Day succeeding transmission confirmed electronically, to the facsimile numbers provided above, or to such other address or telecopy number as any party shall specify to the other, pursuant to the foregoing notice provisions. When used in this Agreement, the term "Business Day" shall mean a day other than a Saturday, Sunday or a day on which commercial banks in San Diego are generally closed for business. 1.1.6. Waiver; Amendments: This Agreement, and the Transaction Documents, (i) set forth the entire agreement of the parties respecting the subject matter hereof, (ii). supersede any prior and contemporaneous understandings, agreements, or representations by or among the parties, written or oral, to the extent they related in any way to the subject matter hereof, and (iii) may not be amended orally, and no right or obligation of any party may be altered, except as expressly set forth in writing signed by such party. 11.7. Counterparts: This Agreement may be signed in several counterparts. 11.8. Expenses: Each party shall bear its own expenses incurred with respect to the preparation of this Agreement and the consummation of the transactions contemplated hereby. 11.9. Arbitration: (a) If at any time there shall be a dispute .arising out of or relating to any provision of this Agreement, any Transaction Document or any agreement contemplated hereby or thereby, such dispute shall be submitted for binding and final determination by arbitration in accordance with the regulations then obtaining of the American Arbitration Association. Judgment upon the award rendered by the arbitrator(s) resulting from such arbitration shall be in writing, and shall be final and binding upon all involved parties. The site of any arbitration shall be within the County of San Diego in the State of California. The award may be confirmed and enforced in any court of competent jurisdiction. The parties hereby agree that any federal or state court sitting in the County of San Diego in the State of California is a court of competent jurisdiction. This paragraph does not limit in any way a party's right to seek injunctive relief in any state or federal court sitting in the County of San Diego in the State of California (jurisdictional, venue and inconvenient forum objections to which are hereby waived by both parties), including recovery of fees and costs. 8 (b) This arbitration clause shall survive the termination of this Agreement, any Transaction Document and any agreement contemplated hereby or thereby. 11.10. Waiver of Jury Trial; Exemplary Damages: THE PARTIES HERETO HEREBY WAIVE THEIR RIGHTS TO TRIAL BY JURY WITH RESPECT TO ANY DISPUTE ARISING UNDER THIS AGREEMENT OR ANY TRANSACTION DOCUMENT. NO PARTY SHALL BE AWARDED PUNITIVE OR OTHER EXEMPLARY DAMAGES RESPECTING ANY DISPUTE ARISING UNDER THIS AGREEMENT OR ANY TRANSACTION DOCUMENT CONTEMPLA1'BD HEREBY. Signatures on following page: 9 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first written above. COMPANY: FIRE RECOVERY USA, LLC. a California limited liability company By: Name: Michael Rivera Title: Chief Business Development Officer CITY OF NATIONAL CITY By: 10 SCHEDULE A LIST OF COMPANY SERVICES 1. Fire Recovery USA agrees to bill the responsible party on the City's behalf for services provided/rendered during motor vehicle incidents and other emergency incidents. The billing rates (user fees) are listed as EXHIBIT A, but may change over time. Fire Recovery USA will provide notice to City of changes in rates. 2. Fire Recovery USA will provide, as a normal matter of business; entry of claims and submission to the responsible party, collections of monies deemed due to the City, payments of the agreed upon percentage of said monies to City, and reporting of progress. 3. Fire Recovery agrees to bill to the best of its ability all claims provided to Fire Recovery USA by the City. 4. Fire Recovery USA will not begin litigation against a person, entity, or insurance carrier without prior written approval by the City. 5. Fire Recovery agrees to reimburse City for a portion of the monies collected at a rate of 83% of the total monies collected on the City's claims for the first six (6) months. Every six (6) months Fire recovery agrees to provide City with an audit of its collection percentage from the preceding six (6) months. If the preceding six (6) months collection percentage is equal to or greater than 65%, then Fire Recovery will be entitled to retain an addition 3% per month on monies collected until the next six (6) month audit. If a six (6) month audit shows the collection percentage is Tess than 65%, then Fire Recovery will reimburse City a the original rate of 83% for the following six (6) months. The collection percentage will be based on "billable runs", defined as runs where the at -fault billable individual is a non-resident and has insurance coverage. 6. Fire Recovery USA agrees to pay these monies collected to the City on a monthly or quarterly basis (at the option of the City), within seven (7) working. days after the close and accounting of the monthly (or quarterly) billing cycle. 7. Fire Recovery USA agrees to make available reports via a password protected website to the City which detail billable .claims outstanding (which are claims submitted, but not yet completed) and claims completed in the prior billing cycle. I 8. Fire Recovery USA will not be responsible for, nor accept any liability for, any erroneous, invalid, or illegal procedure codes or claims submitted to Fire Recovery USA by the City on the Run Sheets. 2 EXHIBIT A MITIGATION FEES BASED ON PER HOUR MOTOR VEHICLE INCIDENTS Level 1 - $435.00 Provide hazardous materials assessment and scene stabilization. This will be the most common "billing. level". This occurs almost every time a fire department responds to an accident/incident. Level 2 - $495.00 Includes Level 1 services as well as clean up and material used (sorbents) for hazardous fluid clean up and disposal. We will bill at this level if the fire department has to clean up any gasoline or other automotive fluids that are spilled as a result of the accident/incident. Level 3 — CAR FIRE - $605.00 Provide scene safety, fire suppression, breathing air, rescue tools, hand tools, hose, tip use, foam, structure protection, and dean up gasoline or other automotive fluids that are spilled as a result of theaccident/incident. Level 4 - $1,800.00 Includes Level 1 & 2 services as well as extrication (heavy rescue tools, ropes, airbags, cribbing etc.). We will bill at this level if the fire department has to free/remove anyone from the vehicle(s) using any equipment. We will not bill of this level if the patient is simply unconscious and fire department is able to open the door to access the patient. This level is to be billed only if equipment is deployed. Level 5 - $2,200.00 Includes Levels 1, 2, & 4 services as well as Air Care (multi -engine company response, mutual aid, helicopter). We will bill at this level any time a helicopter is utilized to transport the patient(s). 3 Level 6 Itemized Response: You have the option to bill each incident as an independent event with custom mitigation rates, for each incident using, itemized rates deemed usual, customary and reasonable (UCR). These incidents will be billed, itemized per apparatus, per personnel, plus products and equipment used. HAZMAT Level 1 - $700.00 Basic Response: Claim will include engine response, first responder assignment, perimeter establishment, evacuations, set-up and command. Level 2 - $2,500.00 Intermediate Response: Claim will include engine response, first responder assignment, hazmat certified team and appropriate equipment, perimeter establishment, evacuations, set-up and command, Level A or B suit donning, breathing air and detection equipment. Set-up and removal of decon center. Level 3 — $5,900.00 Advanced Response: Claimwill include engine response, first responder assignment, hazmat certified team and appropriate equipment, perimeter establishment, evacuations, first responder set-up and command, Level A or B suit donning, breathing air and detection equipment and robot deployment. Set-up and removal of decon center, detection equipment, recovery and identification of material. Disposal and environment clean up. Includes above in addition to any disposal fees of material and contaminated equipment and material used at scene. Includes 3 hours of on scene time. - each additional hour @ $300.00 per HAZMAT team. PIPELINE INCIDENTS / POWER LINE INCIDENTS (Includes, but not limited to: Gas, Sewer, Septic to Sewer, and Water Pipelines) Level 1 - $400.00 Basic Response: Claim will include engine response and first responder assignment, perimeter establishment, evacuations, first responder set-up and command. Includes inspection without damage or breakage. Level 2 - $1,000.00 Intermediate Response: Claim will include engine response, first responder assignment, and appropriate equipment, perimeter establishment, evacuations, first 4 responder set-up and command. May include HAZMAT team, Level A or B suit donning, breathing air and detection equipment. Supervise and/or assist pipeline repair. Level 3 — Itemized Claim Charges Advanced Response: Claim will include engine response, first responder assignment, and appropriate equipment, perimeter establishment, evacuations, first responder set- up and command. May include HAZMAT team, Level A or B suit donning, breathing air and detection equipment. Supervise and/or assist pipeline repair of intermediate to major pipeline damage. May include set-up and removal of decon center, detection, recovery and identification of material. Disposal and environment clean up. FIRE INVESTIGATION Fire Investigation Team - $275.00 per hour. Includes: • Scene Safety • Investigation • Source Identification • K-9/Arson Dog Unit • Identification Equipment • Mobile Detection Unit • Fire Report The claim begins when the Fire Investigator responds to the incident and is billed for logged time only. FIRES Assignment - $400.00 per hour, per engine / $500.00 per hour, per truck Includes: • Scene Safety • Investigation • Fire / Hazard Control This will be the most common "billing level". This occurs almost every time a fire department responds to an incident. OPTIONAL: A fire department has the option to bill each fire as an independent event with custom mitigation rates. 5 Itemized, per person, at various pay levels and for itemized products use. WATER INCIDENTS Level 1 Basic Response: Claim will include engine response, first responder assignment, perimeter establishment, evacuations, first responder set-up and command, scene safety and investigation (including possible patient contact, hazard control). This will be the most common "billing level". This occurs almost every time a Fire Department responds to a water incident. Billed at $400 plus $50 per hour, per rescue person. Level 2 Intermediate Response: includes Level 1 services as well as clean up and material used (sorbents), minor hazardous clean up and disposal. We will bill at this level if the fire department has to clean up small amounts of gasoline or other fluids that are spilled as a result of the incident. Billed at $800 plus $50 per hour, per rescue person. Level 3 Advanced Response: includes Level 1 and Level 2 services as well as D:A.R.T. activation, donning breathing apparatus and detection equipment. Set up and removal of decon center, detection equipment, recovery and identification of material. Disposal and environment clean up. Includes above in addition to any disposal fees of material and contaminated equipment and material used at scene. Billed at $2,000 plus $50 per hour per rescue person, plus $100 per hour per HAZMAT team member. Level 4 Itemized Response: You have the option to bill each incident as an independent event with custom mitigation rates, for each incident using, itemized rates deemed usual, customary, and reasonable (UCR). These incidents will be billed, itemized, per trained rescue person, plus rescue products used. BACK COUNTRY OR SPECIAL RESCUE 6 Itemized Response: each incident will be billed with custom mitigation rates deemed usual, customary and reasonable (UCR). These incidents will be billed, itemized per apparatus per hour, per trained rescue person per hour, plus rescue products used. Minimum billed $400 for the first response vehicle plus $50 per rescue person. Additional rates of $400 per hour per response vehicle and $50 per hour per rescue person. CHIEF RESPONSE This includes the set-up of Command, and providing direction of the incident. This could include operations, safety, and administration of the incident. Billed at$250 per hour. MISCELLANEOUS Engine billed at $400 per hour. Truck billed at $500 per hour. Miscellaneous equipment billed at $300. MITIGATION RATE NOTES The mitigation rates above are average "billing levels", and are typical for the incident responses listed, however, when a claim is submitted, it will be itemized and based on the actual services provided. These average mitigation rates were determined by itemizing costs for a typical run (from the time a fire apparatus leaves the station until it returns to the station) and are based on the actual costs, using amortized schedules for apparatus (including useful life, equipment, repairs, and maintenance) and labor rates (an average department's "actual personnel expense" and not just a firefighter's basic wage). The actual personnel expense includes costs such as wages, retirement, benefits, workers comp, insurance, etc. 7 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1, 2010 AGENDA ITEM NO.20 M TITLE: Resolution of the City Council of the City of National City authorizing approval of an Agreement for red light photo enforcement cameras with Redflex Traffic Systems, Inc. for a Red Light Photo Enforcement Program and waiving the formal bid process. (Continued from Council Meeting of 5-18-10) PREPARED BY: Leslie Deese, Asst. City Manager — 336-4240 DEPARTMENT: City Manager/Police Dept. PHONE: Adolfo Gonzales, Police Chief - 336-4400 APPROVED BY: EXPLANATION: See Attached FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: MIS See Attached ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: f Report /Agreement STAFF REPORT ITEM TITLE: Resolution of the City Council of the City of National City Authorizing Approval of an Agreement for Red Light Photo Enforcement Cameras with Redflex Traffic Systems, Inc. for a Red Light Photo Enforcement Program and Waiving the Formal Bid Process BACKGROUND The goal of a Red Light Photo Enforcement Program is to improve the safety of the community for vehicular, bicycle and pedestrian traffic by reducing the incidence of vehicles failing to stop for red light signals. Photo enforcement programs have a proven record for reducing right angle collisions at monitored intersections in jurisdictions where similar programs have been initiated. According to the latest statistics provided by the National Highway Traffic Safety Administration (NHTSA), in 2005 nearly 9,200 people died and approximately one million people were injured in intersection related crashes, which is approximately 40-45 percent of all crashes. According to 2005 data from NHTSA's Facility. Analysis Reporting system, crashes caused by red light running resulted in an estimated 805 fatalities and more than 100,000 crashes. Statistics show that in 2008, the National. City Police Department responded to 28 total collisions involving red Tight violators, resulting in 25 injuries and in 2009, there were a total of 33 collisions involving red Tight violators, resulting in 33 injuries. In San Diego County, the following cities have red Tight camera programs in place: El Cajon, Encinitas, Vista, Del Mar, Escondido, Solana Beach, Oceanside and Poway. Automated red light photo enforcement is authorized and governed by the California Vehicle Code (Sections21455.5 through 21455.7). The Redflex Traffic System uses digital media that produces still images and full motiondigital video. Each monitored intersection approach requires the installation of two camera systems and high-speed synchronized flash units to capture the required photographic evidence used to prosecute red light violations: The digital evidence is transported over secure high-speed data links to the vendor where vehicle registration information is collected and assembled with the photographic evidence. The combined information and evidence are returned electronically to the Police Department where an employee reviews the evidence and makes the determination of whether or not the violation should be forwarded for prosecution. If a prosecution decision is positive, the vendor generates and mails a citation to the violator and forwards all pertinent information to the San Diego Court. When the violator receives the citation in the mail, they are provided the still images of the violation and the photograph of the driver. They are provided with a web site address and a unique PIN number to access both the still photographs and the video clip of the violation for their review. In the event the violator does not have Internet access, they will be able to review the evidence at the Police Department prior to any court appearance. The proposed agreement with Redflex is for a three (3.) year term and includes the installation of up to fifteen (15) red light camera systems within the City of National City. Consideration will be given to intersection locations throughout the City where photo enforcement will have the greatest impact based on accident and citation issuance statistics. In addition, each potential installation: site will be sampled for violation counts using photographic monitoring through the temporary installation of a vendor supplied camera system. This information will assist in validating red light photo enforcement locations With the goat of reducing collisions and improving community safety. The intersections being considered for Red Light Photo Enforcement Program are: Plaza Blvd. / Euclid Avenue Highland Avenue / 30th Street Paradise Valley Road / 8th Street Highland Avenue / 8th Street Highland Avenue / Plaza Blvd. Adoption of the contract will initiate a public awareness campaign. The City's public awareness campaign will include print material and workshops to educate the public on the dangers of red light violations. The City Manager's Office and the Police Department will work together with Reddflex to develop and implement a series of press releases and press conferences informing the local media andpublic about the installation of the red Tight cameras, the benefits of the systems and services and the results of the installations The Police Department will conduct a community meeting where residents can come and ask questions about the program and observe the type of evidence package the Red Light Photo Enfor ement Program presents. Additionally, the program will be introduced at Neighborhood Councils and on. the City's web site. Regular program updates and progress reports will be posted and will include photos of the implementation. FINANCIAL IMPACTS The City will incur no upfront costs associated with the installation, operation, processing and maintenance of the photo enforcement equipment. The City will pay Redflex.a fixed fee of $5,675 per month for each Designated Intersection Approach with up to two (2) contiguous lanes and $5995 per month for three (3) or more contiguous lanes per Designated Intersection Approach as full remuneration for performing all of the servicescontemplated in this Agreement. The monthly fees to Redflex will be covered by red light violation revenues paid to the City. The agreement with Redflex stipulates a 'Cost Neutrality' clause where the City will not pay Redflex more than actual cash received. Any revenues realized through the Red Light Photo Enforcement program will offset costs for the program. The program is intended as a safety program. There are indirect policepersonnel costs relating to the review of violations, response to citizen inquiries and court appearances for contested citations. These indirect costs are difficult to predict, and will vary depending on the number of installed Redflex systems. Staff, after conferring with the proposed vendor and other California police agencies already using the Redflex system, estimates a minimum of ten (10) to fifteen (15) hours per week in personnel time dedicated red light enforcement duties. This will be performed by existing staff including part-time employees and officers assigned to light duty assignments. Overall program management will be the responsibility of the Watch Commander and the Traffic Sergeant. AWARD JUSTIFICATION — OTHER AGENCY COMPETITIVE BID PROCESS At its regular meeting on. December 15, 2009, the City Council directed the City Manager's Office and the Police Department to continue working-on(the• red light came.ra enforcement program. As allowed by Purchasing Ordinance #1480, Section 16, the award will be made as a result of competitive bids solicited by the City of Corona, California where RedFlex Traffic Systems, Inc. was determined to be the lowest responsive, responsible bidder, and was awarded their bid. RedFlex is pleased to offer the City of National Citythe opportunity to take advantage of this competitive bid price. The City of Corona bid fully complies with Section 11 of Ordinance #1480 and that it would be in the City's best interest to take advantage_ of this opportunity. STAFF RECOMMENDATION: Staff recommends that the City Council adopt the Resolution authorizing the Mayor to sign an agreement with Reflex Traffic Systems, Inc. for Red Light Photo Enforcement System and to Waive the Formal Bid Process. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE FORMAL BID PROCESS AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH REDFLEX TRAFFIC SYSTEMS, INC., FOR A RED LIGHT PHOTO ENFORCEMENT PROGRAM WHEREAS, at its regular meeting on December 15, 2009, the City Council directed staff to implement a Red Light Photo Enforcement Program to improve the safety of the community for vehicular, bicycle, and pedestrian traffic by reducing the incidence of vehicles failing to stop for red light signals; and WHEREAS, the City has determined that RedFlex Traffic Systems, Inc., is qualified by experience and ability to perform the services desired by the City, and RedFlex Traffic Systems, Inc., is willing to provide such services fora three-year period with two optional renewals of two years each, and in an amount not to exceed $5,995 per month, which will be funded by red light violation revenues; and WHEREAS, the City of Corona awarded a contact based upon a competitive bidding process, to RedFlex Traffic Systems, Inc., for the installation, operation, processing, and maintenance of a Red Light Photo Enforcement Program, which National City can rely upon, thereby getting the best purchase price; and WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined to be in substantial compliance with the City's procurement procedures, and such a determination has been made by the purchasing division, based upon the City of Corona's request for proposal process which is in substantial compliance with the City's process. It is therefore recommended that the purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the determination that the City of Corona's procurement procedures are in substantial compliance with the City's, and pursuant to Section 2.60.260 of the Municipal Code authorizes the waiving of the bidding process. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with RedFlex Traffic Systems, Inc., for the installation, operation, processing, and maintenance of a Red Light Photo Enforcement Program for a three-year term with two optional extensions of two years each in an amount not to exceed $215,820, to be funded by red light violation revenues. Said Agreement in on file in the office of the City Clerk. -- Signature Page to Follow -- Resolution No. 2010 — Page 2 PASSED and ADOPTED this 1st day of June, 2010. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor 5 EXCLUSIVE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND REDFLEX TRAFFIC SYSTEMS, INC. FOR PHOTO RED LIGHT ENFORCEMENT PROGRAM This Agreement (this "Agreement") is made as of this 18th day of May, 2010 by and between Redflex Traffic Systems, Inc. with offices at 23751 N. 23`1 Avenue,Phoenix, Arizona, 85027 ("Redflex"), and The City of National City a municipal corporation, with offices at 1243: National City, CA 91950 (the "Customer"). RECITALS WHEREAS, Redflex has exclusive knowledge, possession and ownership of certain equipment, licenses, applications, and citation processes related to digital photo red light enforcement systems; and WHEREAS, the Customer desires to engage the services of Redflex to provide certain equipment, processes and back office services so that Authorized Employees of the Customer are able to monitor, identify and enforce red light running violations; and WHEREAS, it is a mutual objective of both Redflex and the Customer to reduce the incidence of vehicle collisions at. the traffic intersections and city streets that will be monitored pursuant to the terms of this Agreement. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1 DEFINITIONS. In this Agreement, the words and phrases below shall have the following meanings: 1.1. "Authorized Employee" means the Project Manager or such other individual(s) as the Customer shall designate to review Potential Violations and to authorize the Issuance of Citations in respect thereto, 1.2. "Authorized Violation" means each Potential Violation in the Violation Data for which authorization to issue.a citation in the form of an Electronic Signature is given by the Authorized Employee by using the Redflex System. 1.3. "Citation" means the notice of a Violation, which is mailed or otherwise delivered by Redflex to the violator on the appropriate Enforcement Documentation in respect of each Authorized Violation. 1.4. "Confidential or Private Information" means, with respect to any Person, any information, matter or thing of a secret, confidential or private nature, whether or not so labeled, which is connected with such Person's business or methods of operation or concerning any of such Person's suppliers, licensors, licensees, customers or others with whom such Person has a business relationship, and which has current or potential value to such Person or the unauthorized disclosure of which could be detrimental to such Person, including but not limited to: 1 1.4.1. Matters of a business nature, including but not limited to information relating to development plans, costs, finances, marketingplans, data, procedures, business opportunities, marketing methods, plans and strategies, the costs of Construction, installation, materials or components, the prices such Person obtains or has obtained from its clients or customers, or at which such Person sells or has sold its services; and 1.4.2. Matters of a technical nature, including but not limited to product information, trade secrets, know-how, formulae, innovations, inventions, devices, discoveries, techniques, formats, processes, methods, specifications, designs, patterns, schematics, data, access or security codes; compilations of information, test results and research and development projects. For purposes of this Agreement, the teen "trade secrets" shall mean the broadest and most inclusive interpretation of trade secrets. 1.4.3. Notwithstanding the foregoing, Confidential Information will not include information that: (i) was generally available to the public or otherwise part of the public domain at the time of its disclosure, (ii) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission by any party hereto in breach of this Agreement, (iii) was subsequently lawfully disclosed to the disclosing party by a person other than a party hereto, (iv) was required by a court of competent jurisdiction to be described, or (v) was required by applicable state law to be described. 1.5. "Intersection Approach" means a conduit of travel with up to four (4) contiguous lanes from the curb (e.g., northbound, southbound, eastbound or westbound) on which at least one (1) system has been installed by Redflex for the purposes of facilitating Redlight Photo Enforcement by the Customer. 1.6. "Designated Intersection Approaches" means the Intersection Approaches as Redflex and the Customer shall mutually agree from time to time. See Exhibit A for the number of approaches. 1.7. "Electronic Signature" means the method .through which the Authorized Employee indicates his or her approval of the issuance of a Citation in respect of a -Potential Violation using the Redflex System. 1.8. "Enforcement Documentation" means the necessary and appropriate documentation related to the Photo Red Light Enforcement Program, including but not limitedto warning letters, citation notices (using the specifications of the Judicial Council and the City, a numbering sequence for use on all citation notices (in accordance with applicable court rules), instructions to accompany each issued Citation (including in such instructions a description of basic court procedures, payment options and information regarding the viewing of images and data collected by the Redflex System), chain of custody records, criteria regarding operational policies for processing Citations (including with respect to coordinating with the applicable vehicle registry), and technical support documentation for applicable court and judicial officers . 1.9. "Equipment" means any and all approach cameras, sensors, equipment, components; products, software and other tangible and intangible property relating to the Redflex Photo Red Light System(s). 2 1.10. "`Fine" means a monetary sum assessed for Citation, including but not limited to bail forfeitures, but excluding suspended fines. 1.11. "Governmental Authority" means any domestic or foreign government, governmental authority, court, tribunal, agency or other regulatory, administrative or judicial agency, commission or organization, and any subdivision, branch or department of any of the foregoing. 1.12. "Installation Date o_ f the Photo Red Light Program" means the date on which Redflex completes the construction and installation of at least one (1) Intersection Approach in accordance with the terms of this Agreement so that such Intersection Approach is operational for the purposes of functioning with the Redlight Photo Enforcement Program. 1.13. "Intellectual Property" means, with respect to any. Person, any and all now known or hereafter known tangible and intangible (a) rights associated with works of authorship throughout the world, including but not limited to copyrights, moral rights and mask -works, (b) trademark and trade name rights and similar rights, (c) trade secrets rights, (d) patents, designs, algorithms and other industrial property rights, (e) all other intellectual and industrial property rights (of every kind - and nature throughout the universe and however designated), whether arising by operation of law, contract, license, or otherwise, and (f) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing), of such Person. 1.14. "Operational Period" means the period of time during the Term, commencing on the Installation Date, during which the Photo Red Light Enforcement Program is functional in order to permit the issuance of Citations using the Redflex System. 1.15. "Person" means a natural individual, company, Governmental Authority, partnership, firm, corporation, legal entity or other business association. 1.16. "Project Manager" means the project manager appointed by the Customer in accordance with this Agreement, which shall be an. Authorized Employee and shall be responsible for overseeing the installation of the Intersection Approaches and the implementation of the Redlight Photo Enforcement Program, and which manager shall have the power and authority to make management decisions relating to the Customer's obligations pursuant to this Agreement, including but not limited to change order authorizations, subject to any limitations set forth in the Customer's charter or other organizational documents of the Customer or by the city counsel or other governing body of the Customer. 1.17. "Potential Violation" means, with respect to any motor vehicle passing through a Designated Intersection Approach, the, data collected by the Redflex System with respect to such motor vehicle, which data shall be processed by the Redflex System for the purposes of allowing the Authorized Employee to review such data and determine whether a Red Light Violation has occurred. 1.18. "Proprietary Property" means, with respect to any Person, any written or tangible property owned or used by such Person in connection with such Person's business, whether or not such property is copyrightable or also qualifies as Confidential Information, including without limitation products, samples, 3 equipment, files, lists, books, notebooks, records, documents, memoranda, reports, patterns, schematics, compilations, designs; drawings, data, test results, contracts, agreements, literature, correspondence, spread sheets, computer programs and software, computer print outs, other written and graphic records and the like, whether originals, copies, duplicates or summaries thereof, affecting or relating to the business of such Person, financial statements, budgets, projections and invoices. 1.19. "Redflex Marks" means all trademarks registered in the name of Redflex or any of its affiliates, such other trademarks as are used by Redflex or any of its affiliates on or in relation to Photo Red Light Enforcement at any time during the Term this Agreement, service marks, trade names, logos, brands and other marks owned by Redflex, and all modifications or adaptations of any of the foregoing. 1.20. "Redflex Project Manager" means the project manager appointed by Redflex in accordance with this Agreement, who shall be responsible for overseeing the construction and installation of the Designated Intersection Approaches and the implementation the Photo Red Light Enforcement Program, and who shall have the power and authority to make management decisions relating to Redflex's obligations pursuant to this Agreement, including but not limited to change -order authorizations. 1.21. "Redflex System" means, collectively, the Salus® and/or SMARTcam® System, the SMARTscene® System, and all of the other equipment, applications, cameras, sensors, components, motor vehicles and other tangible and intangible property relating thereto, to enable Redflex to enforce a minimum of one lane of travel at a designated location. The SMARTops® System, the Photo Enforcement Program, and all of the other equipment, applications, back office processes, servers, off -site backup systems, software and other tangible and intangible property relating thereto. 1.22. "Photo Red Light Enforcement Program" means the process by which the monitoring, identification and enforcement of Violations is facilitated by the use of certain equipment, applications and back office processes of Redflex, including but not limited to cameras, flashes, central processing units, signal controller interfaces and sensor arrays which, collectively, are capable of measuring Violations and recording such Violation data in the form of photographic images of motor vehicles. 1.23. "Photo Redlight Violation Criteria" means the standards and criteria by which Potential Violations will be evaluated by Authorized Employees of the Customer, which standards and criteria shall include, but are not limited to, the duration of time that a traffic light must remain red prior to a Violation being deemed to have occurred, and the location(s) in an intersection which a motor vehicle must pass during a red light signal prior to being deemed to have committed a Violation, all of which shall be in compliance with all applicable laws, rules and regulations of Governmental Authorities. Should physical criteria change which requires additional modification to the Photo Red Light Enforcement System or its detection equipment, any costs incurred is the responsibility of the customer. 4 1.24. "Records Retention" means the period of time that Redflex will retain confidential information to include photographic evidence and data associated with the photo enforcement program,. 1.25. "SMARTcam® System" means the proprietary software system that controls the photo enforcement system. of Redflex relating to the Photo Enforcement Program. 1.26. "Salus® System". means the proprietary software system that controls the photo enforcement system of Redflex relating to the Photo Enforcement Program. 1.27. "REDFLEXred® System" means the proprietary digital redlight photo enforcement system of Redflex relating to the Photo Red Light Enforcement Program. 1.28. "SMARTops® System" means the proprietary back -office processes of Redflex relating to the Photo Red Light Enforcement Program. 1.29. "SMARTscene® System" means the proprietary digital video camera unit, hardware and software required for providing supplemental violation data. 1.30. "Traffic Signal Controller. Boxes" means the signal controllerinterface and vehicle detection owned and operated by the Customer. This includes, but not limited to, the Customer's traffic controller, Customer's vehicle detection equipment, Customer's communication equipment, Customer's controller cabinet, etc. 1.31. "Violation" means any traffic violation authorized for photo enforcement as prohibited by the Vehicle Code or any applicable rule, regulation or law of any other Governmental Authority, including but not limited to operating a motor vehicle contrary to . traffic signals, and operating a motor vehicle without displaying a valid license plate or registration. 1.32. "Violations Data" means the images and other Violations data gathered by the Redflex System at the Designated Intersection Approaches. 1.33. "Warning Period" means a period after the Installation Date of the first intersection approach, wherein only warning notices shall be issued, commencing within 3 days after the system has been installed. 2. TERM. The term of this Agreement shall commence as of the date hereof and shall continue for a period of three (3) years after the issuance of the first citation by the system. The Customer shall have the right, but not the obligation, to extend the term of this Agreement for up to two (2) additional consecutive two (2) year periods following the expiration of the Initial Term (each, a "Renewal .Term" and collectively with the Initial Term, the "Term"). The Customer may exercise the right to extend the terrn of this Agreement for a Renewal Term by providing written notice to Redflex not less than thirty (30) days prior to the last day of the Initial Term or the Renewal Term, as the case may be. 3. SERVICES. Redflex shall provide the Photo Red Light Enforcement Program to the Customer, in each case in accordance with the terms and provisions set forth in this Agreement. 5 3.1. INSTALLATION. With respect. to the construction and installation of (1) the Designated Intersection Approaches and the installation of the Redflex System at such Designated Intersection Approaches, the Customer and Redflex shall have the respective rights and obligations set forth on Exhibit B attached hereto. 3.2. MAINTENANCE. With respect to the maintenance of the Redflex System at the Designated 'Intersection Approaches the Customer and Redflex shall have the respective rights and obligations set forth on Exhibit C attached hereto. 3.3. VIOLATION PROCESSING. During the Operational Period, Violations shall be processed as follows: 3.3.1. All Violations Data shall be stored on the Redflex System; 3.3.2. The Redflex System shall process Violations Data gathered from the Designated Intersection Approaches into a format capable of review by the Authorized Employee via the Redflex System; 3.3.3. The Redflex Photo Enforcement System will be accessible by Authorized Staff through a secure and encrypted connection by use of a confidential user account on a computer equipped with a high-speed Internet connection and an approved web browser. 3.3.4. Redflex shall provide the. Authorized Employee with access to the Redflex System for the purposes of reviewing the pre-processed Violations Data within seven (7) days of the gathering of the Violation Data from the applicable Designated Intersection Approaches. 3.3.5. The Customer shall cause the Authorized Employee to review the Violations Data and to determine whether a citation shall be issued with respect to each Potential Violation captured within such Violation Data, and transmit each such determination in the form of an Electronic Signature to Redflex using the software orother applications or procedures provided by Redflex on the Redflex System for such purpose, and REDFLEX HEREBY ACKNOWLEDGES AND AGREES THAT THE DECISION TO ISSUE A CITATION SHALL BE THE SOLE, UNILATERAL AND EXCLUSIVE DECISION OF THE AUTHORIZED EMPLOYEE AND SHALL BE MADE IN SUCH AUTHORIZED EMPLOYEE'S SOLE DISCRETION (A "CITATION DECISION"), AND IN NO EVENT SHALL REDFLEX HAVE THE ABILITY OR AUTHORIZATION TO MAKE A CITATION DECISION. 3.3.6. With respect to each Authorized Violation, Redflex shall print and mail a Citation within five (5) days after Redflex's receipt of such authorization; provided, however, during the Warning Period, warning violation notices shall be issued in respect of all Authorized Violations; 3.3.7. Redflex shall provide a toll -free telephone number for the purposes of answering citizen inquiries 3.3.8. Redflex shall permit .the Authorized Employee to generate reports using the Redflex Standard Report System. 3.3.9. Upon Redflex's receipt of a written request from the Customer and in addition to the Standard Reports, Redflex shall provide, without cost to the Customer, reports regarding the processing and issuance of Citations, the maintenance and downtime records of the Designated Intersection 6 Approaches and the functionality of the Redflex System with respect thereto to the Customer in such format and for such periods as mutually agreed upon. 3.3.10. During the six (6) month period following the Installation Date and/or upon Redflex's receipt of a written request from the Customer at least fourteen (14) calendar days in advance of court proceeding, Redflex shall provide expert witnesses for use by the Customer in prosecuting Violations; provided, however,. the Customer shall use reasonable best efforts to seek judicial notice in lieu of requiring Redflex to provide such expert witnesses; After the initial 6 month period, expert testimony may be provided on a cost reimbursement basis. 3.3.11. During the three (3) month period following the Installation Date, Redflex shall provide such training to Customer personnel as shall be reasonably necessary in order to allow such personnel to act and to testify as expert witnesses on behalf of the Customer with respect to the Redlight Enforcement Program. 3.4. Records Retention: Redflex willretain confidential information to include photographic evidence and data associated with the photo enforcement program for a period of time compliant with California Vehicle Code requirements. 3.5. PROSECUTION AND COLLECTION; COMPENSATION. The Customer shall diligently prosecute Citations and the collection of all Fines in respect thereof, and Redflex shall have the right to receive, and the Customer shall be obligated to pay, the compensation set forth on Exhibit D attached hereto. 3.6. OTHER RIGHTS AND OBLIGATIONS: During the Term, in addition to all of the other rights and obligations set forth in this Agreement, Redflex and the Customer shall have the respective rights and obligations set forth on. Exhibit E attached hereto. 3.7. CHANGE ORDERS. The Customer may from time to time request changes to the work required to be performed or the addition of products or services to those required pursuant to the terms of this Agreement by providingwritten notice thereof to Redflex, setting forth in reasonable detail the proposed changes (a "Change Order Notice"). Upon Redflex's receipt of a .Change Order. Notice, Redflex shall deliver a written statement describing the cost, if any (the "Change Order Proposal"). The Change Order Proposal shall include (i) a detailed breakdown of the charge and schedule effects, (ii) a description of any resulting changes to the specifications and obligations of the parties, (iii) a schedule for the delivery and other performance obligations, and (iv) any other information relating to the proposed changes reasonably requested by the Customer. Following the Customer's receipt of the Change Order Proposal, the parties shall negotiatein good faith and agree to a plan and schedule for implementation of the proposed changes, the time, manner and amount of payment or price increases or decreases, as the case may be, and any other matters relating to the proposed changes; provided, however, in the event that any proposed change involves only the addition of equipment or services to the existing Designated Intersection Approaches, or the addition of Intersection Approaches to be covered by the terms of this Agreement, to the maximum extent applicable, the pricing terms set forth in Exhibit D shall govern. Any failure of the parties to reach agreement with respect to any of the foregoing as a result of any proposed changes shall not be deemed to be a breach of this Agreement, and any disagreement shall be resolved in accordance with Section 10. 4. License; Reservation of Rights. 4.1. License. Subject to the terms and conditions of this Agreement, Redflex hereby grants the Customer, and the Customer hereby accepts from Redflex upon the terms and conditions herein specified, a non-exclusive, non -transferable license during the Term of this Agreement. to: (a) solely within the City of National City, access and use the Redflex System for the sole purpose of reviewing Potential Violations and authorizing the issuance of Citations pursuant to the terms of this Agreement, and to print copies of any content posted on the Redflex System in connection therewith, (b) disclose to the public (including outside of the City of National City that Redflex is providing services to the Customer in connection with Photo Red Light Enforcement Program pursuant to the terms of this Agreement, and (c) use and display the Redflex Marks on or in marketing, public awareness or education, or other publications or materials relating to the Photo Red Light Enforcement Program, so long as any and all such publications or materials are approved in advance by Redflex. 4.2. RESERVATION OF RIGHTS The Customer hereby acknowledges and agrees that: (a) Redflex is the sole and exclusive owner of the Redflex System, the Redflex Marks, all Intellectual Property arising from or relating to the Redflex System, and any and all related Equipment, (b) the Customer neither has nor makes any claim to any right, title or interest in any of the foregoing, except as specifically granted or authorized under this Agreement, and (c) by reason of the exercise of any such rights or interests of Customer pursuant • to this Agreement, the Customer shall gain no additional right, title or interest therein. 4.3. RESTRICTED USE. The Customer hereby covenants and agrees that it shall not (a) make any modifications to the Redflex System, including but not limited to any Equipment, (b) alter, remove or tamper with any Redflex Marks, (c) use any of the Redflex Marks in any way which might prejudice their distinctiveness, validity or the goodwill of Redflex therein, (d) use any trademarks or other marks otherthan the Redflex Marks in connection with the Customer's use of the Redflex System pursuant to the terms of this Agreement without first obtaining the prior consent of Redflex, or (e) disassemble, de -compile or otherwise perform any type of reverse engineering to the Redflex System, the Redflex System, including but not limited to any Equipment, or to any, Intellectual Property or Proprietary Property of Redflex, or cause any other Person to do any of the foregoing. 4.4. PROTECTION OF RIGHTS. Redflex shall have the right to take whatever action it deems necessary or desirable to remedy or prevent the infringement of any Intellectual Property of Redflex, including without limitation the filing of applications to register as trademarks in any jurisdiction any of the Redflex Marks, the filing of patent application for any of the Intellectual Property of Redflex, and making any other applications or filings with appropriate Governmental Authorities. The Customer shall not take any action to remedy or /3 8 prevent such infringing activities, and shall not in its own name make any registrations or filings with respect to any of the Redflex Marks or the Intellectual Property of Redflex without the prior written consent of Redflex. 4.5. INFRINGEMENT. The Customer shall use its reasonable best efforts to give Redflex prompt notice of any activities or. threatened activities of any Person of which it becomes aware that infringes or violates the Redflex Marks or any of Redflex's Intellectual Property or that constitute a misappropriation of trade secrets or act of unfair competition that might dilute, damage or destroy any of the Redflex Marks or any other Intellectual Property of Redflex. Redflex shall have the exclusive right, but not the .obligation, to take action to enforce such rights and to make settlements with respect thereto. In the event that Redflex commences any enforcement action under this Section 4.5, then the Customer shall render to Redflex such reasonable cooperation and assistance as is reasonably requested by Redflex, and Redflex shall be entitled toany damages or other monetary amount that might be awarded after deduction of actual costs; provided, that Redflex shall reimburse the Customer for any reasonable costs incurred in providing such cooperation and assistance. 4.6. INFRINGING USE.. The Customer shall give Redflex prompt written notice of any action or claim action or claim, whether threatened or pending, against the Customer alleging that the Redflex Marks, or any other Intellectual Property of Redflex, infringes or violates any patent, trademark, copyright, trade secret or other Intellectual Property of any other Person, and the Customer shall render to Redflex such reasonable cooperation and assistance as is reasonably requested by Redflex in the defense thereof; provided, that Redflex shall reimburse the Customer for any reasonable costs incurred in providing such cooperation and assistance. If such a claim is made and Redflex determines, in the exercise of its sole discretion, that an infringement may exist, Redflex shall have the right, but not the obligation, to procure for the Customer the right to keep using the allegedly infringing items, modify them to avoid the alleged infringement or replace them with non -infringing items. 5. Representations and Warranties. 5.1. Redflex Representations and Warranties. 5.1.1. Authority. Redflex hereby warrants and represents that it has all right, power and authorityto execute and deliver this Agreement and perform its obligations hereunder. 5.1.2. Professional Services. Redflex hereby warrants and represents that any and all services provided by Redflex pursuant to this Agreement shall be performed in a professional and workmanlike manner and, with respect to the installation of the Redflex System, subject to applicable law, in compliance with all specifications provided to Redflex by the Customer. 5.2. Customer Representations and Warranties. 5.2.1. Authority. The Customer hereby warrants andrepresents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder. 9 5.2.2. Professional Services. The Customer hereby warrants and represents that any and all services provided by the Customer pursuant to this Agreement shall be performed in a professional and workmanlike manner. 5.3. LIMITED WARRANTIES. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, REDFLEX MAKES NO. WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE REDFLEX SYSTEM OR ANY RELATED EQUIPMENT OR WITH RESPECT TO THE RESULTS OF THE CUSTOMER'S USE OF ANY OF THE FOREGOING NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, REDFLEX DOES NOT WARRANT THAT ANY OF THE DESIGNATED INTERSECTION APPROACHES OR THE REDFLEX SYSTEM WILL OPERATE IN THE WAY THE CUSTOMER SELECTS FOR USE, OR THAT THE OPERATION OR USE THEREOF WILL BE UNINTERRUPTED. THE CUSTOMER HEREBY ACKNOWLEDGES THAT THE REDFLEX SYSTEM MAY MALFUNCTION FROM TIME TO TIME, AND SUBJECT TO THE TERMS OF THIS AGREEMENT, REDFLEX SHALL DILIGENTLY ENDEAVOR TO CORRECT ANY SUCH MALFUNCTION IN A TIMELY MANNER. 6. Termination. 6.1. TERMINATION FOR CAUSE: Either party shall have the right to terminate this Agreement immediately by written notice to the other if (i) state statutes are amended to prohibit or substantially change the operation of photo red light enforcement systems; (ii) any court having jurisdiction over City rules, or state or federal statute declares, that results from the Redflex System of photo red light enforcement are inadmissible in evidence; (iii) the other party commits any material breach of any of the provisions of this Agreement, or (iv) a court of final determination in the State of California and/or the California Legislature determine the fixed fee or standard interval price adjustment pricing structure stated in Exhibit D is invalid and Contractor is not able to provide an altemative model which eliminates Customer's fiscal risk. In the event of a termination due to Section 6.1(i) or 6.1(ii) above, Customer shall be relieved of any further obligations for payment to Redflex other than as specified in Exhibit "D". In the event of a termination due to Section 6.1(iv), Customer shall be relieved of any further obligations for payment to Redflex upon thirty (30) days notice to Redflex. Either party shall have the right to remedy the cause for termination within forty-five (45) calendar days (or within such other time period as the Customer and Redflex shall mutually agree, which agreement. shall not be unreasonably withheld or delayed) after written notice from the non -causing party setting forth in reasonable detail the events of the cause for termination. 6.2. The Customer further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting Redflex; (2) a reorganization by Redflex for the benefit of creditors. 6.3. PROCEDURES UPON TERMINATION. The termination of this Agreement shall not relive either party of any liability that accrued prior to such termination. IS 10 Except as set forth below, upon the termination of this Agreement, all of the provisions of this Agreement shallterminate and: 6.3.1. Redflex shall (i) cease to provide services, including but not limited to work in connection with the construction or installation activities and services in connection with the Photo Red Light Enforcement Program as of the effective date of the termination, (ii) promptly deliver to the Customer any and all Proprietary Property of the Customer provided to Redflex pursuant to this Agreement, (iii) promptly deliver to the Customer a final report to the Customer regarding the collection of data and the issuance of Citations in such format and for such periods as the Customer may reasonably request, and which final report Redflex shall update or supplement from time to time when and if additional data or information becomes available, (iv) promptly deliver to Customer a final invoice stating all fees and charges properly owed by Customer to Redflex for work performed and Citations issued by Redflex prior to the termination, and (v) provide such assistance as the Customer may reasonably request from time to time in connection with prosecuting and enforcing Citations issued prior to the termination of this Agreement. Immediately upon termination Redflex is no longer bound to the Data Retention Requirements for any data and if the customer wishes to obtain the data it must be conveyed at the time of termination. Redflex will transfer the data and relevant information to the city by a mutually agreed upon method. The customer will assume the burden for all costs associated with this task including but not limited to administrative, storage media, storage media authoring devices, andinternet bandwidth used for transferring data. Redflex will provide no tools for accessing this data or other guarantees. 6.3.2. The Customer shall (i) cease using the Photo Red Light Enforcement Program, accessing the Redflex System and using any other Intellectual Property of Redflex as of the effective date of the termination, (ii) promptly deliver to Redflex any and all Proprietary Property of Redflex provided to the Customer pursuant to this Agreement, and (iii) promptly pay any and all fees, charges and amounts properly owed by Customer to Redflex for work performed and Citations issued by Redflex prior to the termination. 6.3.3. Unless the Customer and Redflex have agreed to enter into a new agreement relating to the Photo Red Light Enforcement Program or have agreed to extend the Term of this Agreement, Redflex shall remove any and all Equipment or other materials of Redflex installed in connection with Redflex's performance of its obligations under this Agreement, including but not limited to housings, poles and camera systems, and Redflex shall restore the Designated Intersection Approaches to substantially the same condition such Designated Intersection Approaches were in immediately prior to this Agreement. 6.4. SURVIVAL. Notwithstanding the foregoing, the definitions and each of the following shall survive the termination of this Agreement: Sections 4.2 (Reservation of Rights), 5.1 (Redflex Representations and Warranties), 5.2 (Customer Representations and Warranties), 5.3 (Limited Warranty), 7 11 (Confidentiality), 8 (Indemnification and Liability), 9 (Notices), 10 (Dispute Resolution), 11.1 (Assignment), - 11.17 (Applicable Law), 11.16 (Injunctive Relief; Specific Performance) and 11.18 (Jurisdiction and Venue), and those provisions, and the rights and obligations therein, set forth in this Agreement which either by their terms state, or evidence the intent of the parties, that the provisions survive the expiration or termination of the Agreement, or must survive to give. effect to the provisions of this Agreement. 7. CONFIDENTIALITY. During the term of this Agreement and for a period of three (3) years thereafter, neither party shall disclose to anythird person, or use for itself in any way for pecuniary gain, any Confidential Information learned from the other party during the course of the negotiations for this Agreement or during the Term of this Agreement. Upon termination of this Agreement, each party shall return to the other all tangible Confidential Information of such party. Each party shall retain in confidence and not disclose to any thirdparty any Confidential Information without the other party'.s express written consent, except (a) to its employees who are reasonably required to have the Confidential Information, (b) to its agents, representatives, attorneys and other professional advisors that have a need to know such Confidential Information, provided that such parties undertake in writing (or are otherwise bound by rules of professional conduct) to keep such information strictly confidential, and (c) pursuant to, and to the extent of, a request or order by any Governmental Authority, including laws relating to public records. 8. Indemnification and Liability. 8.1. Indemnification by Redflex. Subject to Section 8.3, Redflex hereby agrees to defend and indemnify the Customer and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and each of their affiliates, and all persons acting by, through, under or in concert with them, or any of them (individually a. "Customer Party" and collectively, the "Customer Parties") against, and to protect, save and keep harmless the Customer Parties from, and to pay on behalf of or reimburse the Customer Parties as and when incurred for, any and all liabilities, obligations, losses, damages, penalties, demands, claims, actions, suits, judgments, settlements, costs, expenses and disbursements (including reasonable attorneys', accountants' and expert witnesses' fees) of whatever kind and nature (collectively, "Losses"), which may be imposed on or incurred by any Customer Party arising out of or related to (a) any material misrepresentation, inaccuracy or breach of any covenant, warranty or representation of Redflex contained in this Agreement, (b) the negligence of Redflex, its employees or agents which result in death or bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the willful misconduct of any Customer Party, or (c) Redflex, its employees or agents', sole negligent performance of this Agreement. 8.2. Indemnification Procedures. In the event any claim, action or demand (a "Claim") in respect of which Customer seeks indemnification from Redflex, Customer shall give Redflex written notice of such Claim promptly after the 1'1 12 Customer first becomes aware thereof; provided, however, that failure so to give such notice shall not preclude indemnification with respect to such Claim except to the extent of any additional or increased Losses or other actual prejudice directly caused by such failure. The Customer shall have the right to choose counsel to defend such Claim, and to control, compromise and settle such Claim. Customer and Redflex shall cooperate in the defense or settlement of any Claim. 8.3. LIMITED LIABILITY. Notwithstanding anything to the contrary in this Agreement, neither party shall be liable to the other, by reason of any representation or express or implied warranty, condition or other term or any duty at common or civil law, for any indirect, incidental, or lost profits damages, however caused and on any theory of liability arisingout of or relating to this Agreement. 9. NOTICES. Any notices to be given hereunder shall be in writing, and shall be deemed to have been given (a) upon delivery, if delivered by hand, (b) three (3) days after being mailed first class, certified mail, retum receipt requested, postage and registry fees prepaid, or (c) one Business Day after being delivered to a reputable overnight courier service, excluding the U.S. Postal Service, prepaid, marked for next day delivery, if the courier service obtains a signature acknowledging receipt, in each case addressed or sent to such party as follows: 9.1. Notices to Redflex: Redflex Traffic Systems, Inc. 23751 North 23'1 Avenue Phoenix, AZ 85027 Attention: PROGRAM MANAGEMENT Facsimile: (623) 207-2050 9.2. Notices to the Customer City of National City 1243 National City Blvd. National City, CA 91950 Attention: CITY MANAGER Facsimile: 10. DISPUTE RESOLUTION. Uponthe occurrence of any dispute or disagreement between the parties hereto arising out of or in connection with any term or provision of this Agreement, the subject matter hereof, or the interpretation or enforcement hereof (the "Dispute"), the parties shall engage in informal, good faith discussions and attempt to resolve the Dispute. In connection therewith, upon written notice of either party, each of the parties will appoint a designated officer whose task it shall be to meet for the purpose of attempting to resolve such Dispute. The designated officers shall meet as often as the parties shall deem to be reasonably necessary. Such officers will discuss the Dispute. If the parties are unable to resolve the Dispute in accordance with this Section 10, and in the event that either of the parties concludes in .good faith that amicable resolution through continued negotiation with respect to the Dispute is not reasonably likely, then Section 10.1 shall apply. 13 10.1 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. 11. Miscellaneous. 11.1. Assignment. Neither party may assign all or any portion of this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed; provided, however, The Customer hereby acknowledges and agrees that the execution, delivery and performance of Redflex's rights pursuant to this Agreement shall require a significant investment by Redflex, and that in order to finance such investment, Redflex may be required to enter into certain agreements or arrangements ("Financing Transactions") with equipment lessors, banks, financial institutions or other similar persons or entities (each, a "Financial Institution" and collectively, "Financial Institutions"). The Customer hereby agrees that Redflex shall have the right to assign, pledge, hypothecate or otherwise transfer ("Transfer") its rights, or any of them, under this Agreement to any Financial Institution in connection with any Financing Transaction between Redflex and any such Financial Institution, subject to the Customer's prior written approval, which approval shall not be unreasonably withheld or delayed. The Customer further acknowledges and agrees that in the event that Redflex provides written notice to the Customer that it intends to Transfer all or any of Redflex's rights pursuant to this Agreement, and in the event that the Customer fails to provide such approval or fails to object to such Transfer within forty-five (45) business days after its receipt of such notice from Redflex, for the purposes of this Agreement, the Customer shall be deemed to have consented to and approved such Transfer by Redflex. Notwithstanding the above, this Agreement shall inure to the benefit of, and be binding upon, the parties hereto, and their respective successors or assigns. 11.2. RELATIONSHIP BETWEEN REDFLEX AND THE CUSTOMER. Nothing in this Agreement shall create, or be deemed to create, a partnership, joint venture or the relationship of principal and agent or employer and employee between the parties. The relationship between the parties shall be that of independent contractors, and nothing contained in, this Agreement shall create the relationship of principal and agent or otherwise permit either party to incur any 14 debts or liabilities or obligations on behalf of the other party (except as specifically provided herein). 11.3. AUDIT RIGHTS. Each of parties hereto shall have the right to audit to audit the books and records of the other partyhereto (the "Audited Party") solely for the purpose of verifying the payments, if any, payable pursuant to this Agreement Any such audit shall be conducted upon not less than forty-eight (48) hours' prior notice to the Audited Party, at mutually convenient times and during the Audited Party's normal business hours. Except as otherwise provided in this Agreement, the cost of any such audit shall be borne by the non -Audited Party. In the event any such audit establishes any underpayment of any payment payable by the Audited Party to the non -Audited. Party pursuant to this Agreement, the Audited Party shall promptly pay the amount of the shortfall, and in the event that any such audit establishes that the Audited Party has underpaid any payment by more than twenty five percent (25%) of the amount of actually owing, the cost of such audit shall be borne by the Audited Party. In the event any such audit establishes any overpayment by the Audited Party of any payment made pursuant to this Agreement, non -Audited Party shall promptly refund to the Audited Party the amount of the excess. 11.4. WORKERS' COMPENSATION. Redflex 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 Customer 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 Customer 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 Redflex under this Agreement. 11.5. INSURANCE. Redflex, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors (excluding professional liability), 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 each claim, 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 Redflex'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. 15 9_0 If Redflex has no employees subject to the California Workers' Compensation and Labor laws, Redflex shall execute a Declaration to that effect. Said Declaration shall be provided to Redflex by Customer. E. Certificate of Insurance on all policies shall state that the insurer •will endeavor to mail the Customer written notice of not less than thirty (30) days prior to cancellation, except only ten (10) days in the events of cancellation due to non-payment of premium. However, the Customer acknowledges that failure by the insurer to send notice shall impose no liability of obligation of any kind upon the insurer, its agents or representatives. F. Said policies, except for the professional liability and workers' compensation policies, shall name the Customer 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, Redflex 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 General Liability aggregate insurance limits must apply solely to this Agreement. L 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 fmancial stability that is 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 hisurers (LESLI list) and otherwisemeet 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 Customer's Risk Manager. If Redflex does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the Customer 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 Customer. 11.6. FORCE MAJEURE. Neither party will be liable to the other or be deemed to be in breach of this Agreement for any failure or delay in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence. Such causes may include but are not limited to, acts of God or the public enemy, terrorism, significant fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, freight embargoes, or Governmental Authorities approval delays which are not caused by any act or omission by Redflex, and unusually severe weather. The party whose performance is affected agrees to notify the other promptly of the existence and nature of any delay. 11.7. ENTIRE AGREEMENT. This Agreement represents the entire Agreement between the parties, and there are no other agreements (other than invoices and purchase orders), whether written or oral, which affect its terms. This Agreement may be amended only by a subsequent written agreement signed by both parties. 11.8. SEVERABILITY. If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or part, this 16 Agreement shall continue to be valid as to the other provisions thereof and the remainder of the affected provision. 11.9. WAIVER. Any waiver by either party of a breach of any provision of this Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision thereof. 11.10. CONSTRUCTION Except as expressly otherwise provided in this Agreement, this Agreement shall be construed as having been fully and completely negotiated and neither the Agreement nor any provision thereof shall be construed more strictly against either party. 11.11. HEADINGS. The headings of the sections contained in this Agreement are included herein for reference purposes only, solely for the convenience of the parties hereto, and shall not in any way be deemed to .affect the meaning, interpretation or applicability of this Agreement or any term, condition or provision hereof. - 11.12. EXECUTION AND COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, and such counterparts together shall constitute only one instrument. Any one of such counterparts shall be sufficient for the purpose of proving the existence and terms of this Agreement, and no party shall be required to produce an original or all of such counterparts in making such proof. 11.13. COVENANT OF FURTHER ASSURANCES. All parties to this Agreement shall; upon request, perform any and all acts and execute and deliver' any and all certificates, instruments and other documents that may be necessary or appropriate to carry out any of the terms, conditions and provisions hereof or to carry out the intent of this Agreement. 11.14. REMEDIES CUMULATIVE. Each and all of the several rights and remedies provided for in this Agreement shall be construed as being cumulative and no one of them shall be deemed to be exclusive of the others or of any right or remedy allowed by law or equity, and pursuit of any one remedy shall not be deemed to be an election of such remedy, or a waiver of any other remedy. 11.15. BINDING EFFECT. This Agreement shall inure to the benefit of and be binding upon all of the parties hereto and their respective executors, administrators, successors and permitted assigns. 11.16. COMPLIANCE WITH LAWS. Nothing contained in this Agreement shall be construed to require the commission of any act contrary to law, and whenever there is a conflict between any term, condition or provision of this Agreement and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract, the latter shall prevail, but in such event the term, condition or provision of this Agreement affected shall be curtailed and limited only to the extent necessary to bring it within the requirement of the law, provided that such construction is consistent with the intent of the Parties as expressed in this Agreement. 11.17. NO THIRD PARTY BENEFIT. Nothing contained in this Agreement shall be deemed to confer any right or benefit on any Person who is not a party to this Agreement. 17 11.18. INJUNCTIVE RELIEF; SPECIFIC PERFORMANCE. The parties hereby agree and acknowledge that a breach of Sections 4.1 (License), 4.3 (Restricted Use) or 7 (Confidentiality) of this Agreement would result in severe and irreparable injury to the other party, which injury could not be adequately compensated by an award of money damages, and the parties therefore agree and acknowledge that they shall be entitled to injunctive relief in the event of any breach of any material term; condition or provision of this Agreement, or to enjoin or prevent such a breach, including without limitation an action for specific performance hereof. 11.19. APPLICABLE LAW. This Agreement shall be governed by and construed in all respects solely in accordance with the laws of the State of California, United States. 11.20. JURISDICTION AND VENUE. Any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction and venue of the courts located in the County of San Diego, CA and both parties specifically agree to be bound by the jurisdiction and venue thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above. "Customer" "Redflex" CITY OF NATIONAL CITY, a municipal REDFLEX TRAFFIC SYSTEMS, INC., corporation By: By: Name: Aaron Rosenberg Name: Title: Executive Vice President Title: REDFLEX TRAFFIC SYSTEMS, INC., By: Name: Title: 18 EXHIBIT "A" Designated Intersection Approaches The contract is forthe implementation of up to 15 intersection approaches. Identification of enforced intersection approaches will be based on mutual agreement between Redflex and the City as warranted by community safety and traffic needs. The City will make all reasonable efforts to provide the list of proposed intersections under consideration prior to formal project kick-off to the designated Redflex project manager. 19 EXHIBIT "B" Construction and Installation Obligations Timeframe for Installation: Fixed Photo Red Light System Redflex will have each specified approach installed and activated in phases in accordance with an implementation plan to be mutually agreed to by Redflex Traffic Systems and the Customer. Redflex will use reasonable commercial efforts to install the system in accordance with the schedule set forth in the implementation plan that will be formalized upon project commencement. Redflex will use reasonable commercial efforts to install and activate the first specified intersection within sixty (60) days subsequent to formal project kick-off and receipt of the required customer approved program business rules. The Customer agrees that the estimated timeframe for installation and activation are subject to conditions beyond the control of Redflex and are not guaranteed. In order to provide the Customer with timely completion of the photo enforcement project, Redflex Traffic Systems requires that the Customer assist with obtaining timely approval of permit requests. The Customer acknowledges the importance of the safety program and undertakes that in order to keep the project on schedule the Customer will provide engineering review(s) of Redflex permit requests and all documentation in a timely manner 1. Redflex Obligations. Redflex shall do or cause to be done each of the following (in each case, unless otherwise stated below,. at Redflex's sole expense): 1.1. Appoint the Redflex Project Manager and a project implementation team; 1.2. Request current "as -built" electronic engineering drawings for the Designated Intersection Approaches (the "Drawings") from the city traffic engineer; 1.3. Develop and submit to the Customer for approval construction and installation specifications in reasonable detail for the Designated Intersection Approaches, including but not limited to specifications forr all radar sensors, pavement loops, electrical connections and traffic controller connections, as required; and 1.4. Seek approval from the relevant Governmental Authorities having authority or jurisdiction over the construction and installation specifications for the Designated Intersection Approaches (collectively, the "Approvals"), which will include compliance with City permit applications. 1.5. Finalize the acquisition of the Approvals; 1.6. Assist the Customer in developing a public awareness strategy, which may include media and educational materials; 1.7. Develop the Redlight Violation Criteria in consultation with the Customer; 1.8. Develop the Enforcement Documentation for approval by the Customer, which approval shall not be unreasonably withheld; 1.9. Complete the installation and testing of all necessary Equipment, including hardware and software, at the Designated Intersection Approaches. 20 1.10. Cause an electrical sub -contractor to complete all reasonably necessary electrical work at the Designated Intersection Approaches, including but not limited to .the installation of all related Equipment and other detection sensors, poles, cabling, telecommunications equipment and wiring, which work shall be performed in compliance with all applicable local, state and federal laws and regulations; 1.11. Install and test the functionality of the Designated Intersection Approaches with the Redflex System and establish fully operational Violation processing capability with the Redflex System; 1.12. Implement the use of the Redflex System at each of the Designated Intersection Approaches; 1.13. Deliver the Materials to the Customer; and 1.14. Citation processing and citation issuance/re-issuance for Authorized Violations; 1.15. Redflex shall provide training (i) for up to fifteen (15) personnel of the Customer, including but not limited to the persons who Customer shall appoint as Authorized Employees and other persons involved in the administration of the Redlight Photo Enforcement Program, (ii) for up to sixteen (16) hours in the aggregate, (iii) regarding the operation of the Redflex System and the Redlight Photo Enforcement Program, which training shall include training with respect to the Redflex System and its operations, strategies for presenting Violations Data in court and judicial proceedings and a review of the Enforcement Documentation; Interact with court and judicial personnel to address issues regarding the implementation of the Redflex System, the development of a subpoena processing timeline that will permit the offering of Violations Data in court and judicial proceedings, and coordination between Redflex, the Customer and (WHERE APPLICABLE juvenile court personnel) 2. CUSTOMER OBLIGATIONS. The Customer shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Customer's sole expense): 2.1.1. Appoint the Project Manager; 2.1.2. Assist Redflex in obtaining the Drawings from the relevant Governmental Authorities; 2.1.3. Notify Redflex of any specific requirements relating to the construction and installation of any Intersection Approaches or the implementation of the Redlight Photo Enforcement Program; 2.1.4. Provide assistance to Redflex in obtaining access to the records .data of the Department of Motor Vehicles in Redflex's capacity as an independent contractor to the Customer; and 2.1.5. Assist Redflex in seeking the Approvals 2.1.6. Provide reasonable access to the Customer's properties and facilities in order to permit Redflex to install and test the functionality of the Designated Intersection Approaches and the Redlight Photo Enforcement Program; 21 2.1.7. Provide reasonable access to the personnel of the Customer and reasonable information about the specific operational requirements of such personnel for the purposes of performing training; 2.1.8. Seek approval or amendment of Awareness Strategy and provide written notice to Redflex with respect to the quantity of media and program materials (the "Materials") that the Customer will require in order to implement the Awareness Strategy during the period conunencing on the date on which Redflex begins the installation of any of the Designated Intersection Approaches and ending one (.1) month after the Installation Date; 2.1.9. Assist Redflex in developing the Redlight Violation Criteria; and 2.1.10. Seek approval of the Enforcement Documentation. 2.1.11. The Customer shall provide on an agreed upon frequency, without cost to Redflex, reports regarding the prosecution of Citations, the collection of fines, fees and other monies and available collision data, in such format and for such periods as Redflex may reasonably request. 2.1.12. Yellow Light Timing Review: The Customer is responsible to ensure that the yellow or amber light phase timing at all photo enforced intersections meets minimum standards according to Federal, State, and local laws, guidelines, and/or rules. 2.1.13. Provide on -going adequate electrical power in order to operate the systems. The Customer will allow Redflex to use existing conduit space as available. 2.1.14. The Customer shall be responsible to provide and install LED traffic signal lights (yellow and red) at all enforced locations, 2.1.15. Customer is responsible for all computer hardware, web browsers and high speed Internet access necessary to operate the systems 2.1.16 Customer will provide and install any required enforcement signage. 22 EXHIBIT "C" Maintenance 1. All repair and maintenance of Photo Red Light Enforcement systems and related equipment will be the sole responsibility of Redflex, including but not limited to maintainingthe casings of the .cameras included in the Redflex System and all other Equipment in reasonably clean and graffiti -free condition. 2. Redflex shall not open the Traffic Signal Controller Boxes without a representative of city Traffic Engineering present. 3. In the event that images of a quality suitable for the Authorized Employee to identify Violations cannot be reasonably obtained without the use of flash units, Redflex shall provide and install such flash units. 4. Redflex may assign specific personnel to provide follow up assistance to the Customer in the form of the HELPDESK, a designated Customer Service Representative and a Director of Accounts. 23 EXHIBIT "D" COMPENSATION & PRICING Fixed Fee Commencing on the expiration of the Wanting Period for each Designated Intersection Approach, Customer shall be obligated to pay Redflex a fixed fee of $ $5675 per month for each Designated Intersection Approach with up to two (2) contiguous lanes and $5995 per month for three (3) or more contiguous lanes per Designated Intersection Approach ("Fixed Fee") as full remuneration for performing all of the services contemplated in this Agreement. The Customer agrees to pay Redflex within thirty (30) days after the invoice is received. Customer shall be obligated to pay the balance (total monthly fee for all Designated Intersection Approaches) invoiced by Redflex, in accordance with terms set forth above, to the extent gross cash received by the Customer from automated red light violations satisfies the invoice amount. In the event the gross cash received does not satisfy the invoiced amount, Customer will pay Redflex a monthly payment equivalent to the gross cash received as payment of the invoice, and will provide Redflex an accounting of gross receipts supporting the amount paid. If the gross cash received is less than the amount invoiced for that month, the difference will carry over to the next month as a deficit. In the next following month and each month thereafter, if the gross cash received exceeds the amount invoiced, Customer shall pay the amount invoiced plus all or any portion of the deficit amount, as applicable to the extent there is sufficient gross cash received to pay all or any portion of the deficit amount. In the event that this Agreement ends, by expiration or termination, and a deficit amount is still owed to Redflex, subsequent receipts from the Citations issued by Redflex for a period of 12 months from the date the Agreement ends will be applied to such Deficit amount and paid to Redflex. At the end of this 12 month period that follows the end of the Agreement, any deficit amount owed will be forfeited by Redflex and no. longer due by Customer. For the purposes of this section, gross cash received means the monies generated from citations issued through the program and deposited into Customer designated accounts, such as the General Fund and/or Traffic Fund, net of the amounts paid to other agencies or funds (such as state or county funds) not controlled by Customer. 24 Should, at any point in the term of the agreement or any renewals thereof, a court of final determination in the State of California and/or the California Legislature determine that the pricing structure defined above be invalid, the following compensation and pricing shall be applied inall instances, upon 60 days notice: Standard Interval Price Adjustment Customer and Redflex agree that Customer shall pay a fixed fee as outlined above per month for each Designated Approach, unless otherwise adjusted as follows. Customer and City agree to adjust the fixed fee pricing terms under the contract every twelve (12) months. Any such adjustment (if applicable) shall be limited to either a maximum of 20% more or less than the fixed fee in effect at the immediately preceding the pending adjustment and on a commercially reasonable basis as agreed between the parties. Should the parties, in good faith, not be able to agree upon pricing terms within the parameters outlined above, the agreement shall continue for an additional six (6) month period at the fixed monthly fee level in effect at that time. BUSINESS ASSUMPTIONS FOR ALL PRICING OPTIONS: 1. Redflex construction will be able to utilize existing conduit for installation where spaceis available. If it is determined that new conduit must be. installed the cost of the installation of the same shall be borne by Redflex. 2. Except where a balance remains unpaid due to a deficit in the gross cash received as described herein, Customer agrees to pay Redflex within thirty (30) days after the invoice is received. A monthly late fee of 1.5% is payable for amounts remaining unpaid 60 days from date of invoice. 3. The provision of all necessary communication, broadband and telephone services to the Designated Intersection Approaches will be the sole responsibility of Redflex 4. The on -going provision of any and all necessary electrical power to the Designated Intersection Approaches will be the sole responsibility of the Customer 5. The Customer shall require any and all employees who may operate or occupy the Equipped Motor Vehicles to complete a mandatory training program to insure that (a) the Equipped Motor Vehicles are operated in a safe manner and (b) all warnings and instructions that accompany the Equipped Motor Vehicles are understood and heeded; 6. Redflex shall be solely responsible for installing required signage. Redflex shall be solely responsible for the fabrication of any signage, notices or other postings required pursuant to any law, rule or regulation of any. Governmental Authority ("Signage"), including but not limited to the Vehicle Code, and Customer shall assist in determining the placement of such Signage. Redflex shall submit signage design drawings to the appropriate local authority for approval. Any changes or modifications to signage requirements will be the responsibility of the Customer. 7. Required Credit Card fees will not be considered to be revenue received and are the responsibility of the violator. 8. Roadway/Intersection improvement projects: Customer shall reimburse Redflex the costs of replacing and or modification of operational system approaches. If a system is deactivated at the Customer's request due to roadway construction, the monthly fee will continue. 25 EXHIBIT "E" Additional Rights and Obligations Redflex and the Customer shall respectively have the additional rights and obligations set forth below: 1. Redflex shall assist the Customer in public information and education efforts, including but not limited to the development of artwork for utility bill inserts, press releases and schedules for any public launch of the Redlight Photo Enforcement Program (actual print and production costs are the sole responsibility of the Customer). 2. The Customer shall not access the Redflex System or use the Redlight Photo Enforcement Program in any manner, other than prescribed by law, which restricts or inhibits any other Person from using the Redflex. System or the Redflex Photo Enforcement Program with respect to any Intersection Approaches constructed or maintained by Redflex for such other Person, or which could damage, disable, impair or overburden the Redflex System or the Redflex. Photo Enforcement Program, and the Customer shall not attempt to gain unauthorized access to (i) any account of any other Person, (ii) any computer systems or networks connected to the Redflex System, or (iii) any materials orinformation not intentionally made available by Redflex to the Customer by means of hacking,: password mining or any other method whatsoever, nor shall the Customer cause any other Person to do any of the foregoing. 3. The Customer shall maintain the confidentiality of any username, password or other process or device for accessing the Redflex System or using the Redlight Photo Enforcement Program. 4. Redflexand the Customer shall advise each other in writing with respect to any applicable rules or regulations governing the conduct of the other on or with respect to the property of such other party, including but not limited to niles and regulations relating to the safeguarding of confidential or proprietary information, and when so advised, Redflex and the Customer shall obey any and all such rules and regulations. 5. The Customer shall promptly reimburse Redflex for the cost of repairing or replacing any portion of the Redflex System, or any property or equipment related thereto, damaged directly or indirectly by the Customer, or any of its employees, contractors or agents. 3f 26 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: 'June 1 , 2010! AGENDA ITEM NO.R1 EM 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 Increasing to Three Percent the Member Contribution Paid by the City of National City's Miscellaneous Employees Represented by the Municipal Employees' Association. PREPARED BY: Stacey Stevenson, HR Director' PHONE: 336-4308 EXPLANATION: DEPARTMENT: Hu + ; APPROVED BY: d On May 18, 2010, the City Council of the City of National City unilaterally imposed terms and conditions on the Municipal Employees' Association (MEA) that included an additional one percent (1%) employee contribution to the employee's individual retirement fund. Under the terms of the City's previous agreement with CaIPERS and the MEA, the City contributes six percent (6%) of the employee's eight percent (8%) member contribution, with the employee contributing the other two percent (2%). With this change, the employee will assume an additional one percent (1%) contribution retroactive to January 1, 2010. To effect this 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 CalPERS for miscellaneous employees represented by the National City Municipal Employees' Association. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: LiP.� Finance APPROVED: MIS Savings for FY 2009-2010 for the additional PERS pick up is approximately $31,827. For FY 2011- 2012, the savings will amount to approximately $63,653. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Recommend approval of resolution. BOARD / COMMISSION RECOMMENDATION: IN/A ATTACHMENTS: !solution RESOLUTION NO. 2010 — 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 INCREASING TO THREE PERCENT THE MEMBER CONTRIBUTION PAID BY THE CITY OF NATIONAL CITY'S MISCELLANEOUS EMPLOYEES, REPRESENTED BY THE MUNICIPAL EMPLOYEES' ASSOCIATION EFFECTIVE JANUARY 1, 2010 WHEREAS, the City Council of the City of National City has the authority to implement Government Code Section 20691; and WHEREAS, the City Council has a written labor policy or agreement which specifically provides for the normal member contributions to be paid by the employer; and WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the City Council of a resolution to commence said Employer Paid Member Contributions (EPMC); and WHEREAS, the City Council has identified the following conditions for the purpose of its election to pay EPMC: 1. This benefit shall apply to all employees of the miscellaneous employees, represented by the National City Municipal Employees; Association. 2. The benefit shall consist of paying 5% of the normal member contributions as EPMC. 3. The effective date of this Resolution shall be January 1, 2010. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby elects to pay Employer Paid Contributions as set forth above. PASSED and ADOPTED this 1st day of June, 2010. Ron Morrison, Mayor ATTEST: Mike Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1 ; 2010 AGENDA ITEM Na EM 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 Increasing to Three Percent the Member Contribution Paid by the City of National City's Miscellaneous Employees, Confidential Employee Group Subset. PREPARED BY: Stacey Stevenson, HR Director DEPARTMENT: PHONE: 336-4308' APPROVED BY EXPLANATION: sources On May 18, 2010, the City Council of the City of National City reached agreement with the Confidential Employee Group to reduce the employer contribution to the employee share of retirement costs. As of January, 2009, the City contributes six percent (6%) of the employee's eight percent (8%) member contribution, with the employees contributing the other two percent (2%). With this change, the employee will assume an additional one percent (1 %) contribution effective to January 1, 2011. To effect this 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 CaIPERS for miscellaneous employees in the Confidential Employee Group. FINANCIAL STATEMENT: APPROVED. J" Finance ACCOUNT NO. APPROVED: MIS Savings for FY 2010-2011 for the additional PERS pick up is approximately $2,652. For FY 2011-2012, the savings will amount to approximately $5,303. ENVIRONMENTAL REVIEW: NI/AN ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Recommend approval of resolution.; BOARD / COMMISSION RECOMMENDATION: N// ATTACHMENTS: solution RESOLUTION NO. 2010 — 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 INCREASING TO THREE PERCENT THE MEMBER CONTRIBUTION PAID BY THE CITY OF NATIONAL CITY'S MISCELLANEOUS EMPLOYEES, CONFIDENTIAL EMPLOYEE GROUP SUBSET EFFECTIVE JANUARY 1, 2011 WHEREAS, the City Council of the City of National City has the authority to implement Government Code Section 20691; and WHEREAS, the City Council has a written labor policy or agreement which specifically provides for the normal member contributions to be paid by the employer; and WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the City Council of a resolution to commence said Employer Paid Member Contributions (EPMC); and WHEREAS, the City Council has identified the following conditions for the purpose of its election to pay EPMC: 1. This benefit shall apply to all employees of the miscellaneous employees, Confidential Employee Group Subset. 2. The benefit shall consist of paying 5% of the normal member contributions as EPMC. 3. The effective date of this Resolution shall be January 1, 2011. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby elects to pay Employer Paid Contributions as set forth above. PASSED and ADOPTED this 1st day of June, 2010. Ron Morrison, Mayor ATTEST: Mike Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: une 01, 2010 AGENDA ITEM NO.213 I'EM 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 Increasing to Five Percent the Member Contribution Paid by the City of National City's Miscellaneous Employees, Management Employee Group Subset Effective July 1, 2010 and Increasing To 8% July 1, 2011 PREPARED BY: ,Stacey Stevenson, HR Directorl PHONE: 336-4306 EXPLANATION: DEPARTMENT: Hum APPROVED BY: esour s The City of National City is a member of the California Public Employee Retirement System (CaIPERS). As established by CaIPERS, the City is responsible for paying a percentage of the plan costs. Individual employees are also attributed a portion of the cost. Currently, the employee rate for miscellaneous employees is eight percent (8%). By agreement, the City is currently paying six percent (6%) of the employee contribution for the Management Employee Group and individual management group employees contribute the remaining two percent (2%). With this action, the City Manager recommends that the individual employee contribution increase by three percent (3%), for a total of five percent (5%) effective July 1, 2010; and increase by the remaining three percent (3%) effective July 1, 2011. As such, effective July 1, 2011, members of the Management Employee Group will assume responsibility for the full employee contribution effective fiscal year 2011/2012. To effect this 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 CaIPERS for miscellaneous employees in the Management Employee Group. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS Savings for FY 2010-2011 from the additional PERS pick up is approximately $50,396. For FY 2011- 2012, the savings will increase to approximately $100,791. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Recommend approval of resolution BOARD / COMMISSION RECOMMENDATION: N/N ATTACHMENTS: solution RESOLUTION NO. 2010 — 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 INCREASING TO FIVE PERCENT THE MEMBER CONTRIBUTION PAID BY THE CITY OF NATIONAL CITY'S MISCELLANEOUS EMPLOYEES, MANAGEMENT EMPLOYEE GROUP SUBSET EFFECTIVE JULY 1, 2010, AND INCREASING TO 8% EFFECTIVE JULY 1, 2011 WHEREAS, the City Council of the City of National City has the authority to implement Government Code Section 20691; and WHEREAS, the City Council has a written labor policy or agreement which specifically provides for the normal member contributions to be paid by the employer; and WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the City Council of a resolution to commence said Employer Paid Member Contributions (EPMC); and WHEREAS, the City Council has identified the following conditions for the purpose of its election to pay EPMC: 1. This benefit shall apply to all employees of the miscellaneous employees, Management Employee Group Subset. 2. The benefit shall consist of paying 3% of the normal member contributions as EPMC effective July 1, 2010, and paying 0% by July 2011. 3. The effective date of this Resolution shall be July 1, 2010. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby elects to pay Employer Paid Contributions as set forth above. PASSED and ADOPTED this 1st day of June, 2010. Ron Morrison, Mayor ATTEST: Mike Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 01, 2010 AGENDA ITEM NO. 24 -EM 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 Increasing to Six Percent the Member Contribution Paid by the City of National City's Miscellaneous Employees, Executive Employee Group Subset Effective July 1, 2010 and Increasing to 8% Effective July 1, 2011 PREPARED BY: Stacey Stevenson, HR Director, PHONE: 336-4308 EXPLANATION: DEPARTMENT: H APPROVED BY: esour s The City of National City is a member of the California Public Employee Retirement System (CaIPERS). As established by CaIPERS, the City is responsible for paying a percentage of the plan costs. Individual employees are also attributed a portion of the cost. Currently, the employee rate for miscellaneous employees is eight percent (8%). By agreement, the City is currently paying five percent (5%) of the employee contribution for the Executive Employee Group and individual executive group employees contribute the remaining three percent (3%). With this action, the City Manager recommends that the individual employee contribution increase by three percent (3%), for a total of six percent (6%) effective July 1, 2010; and increase by the remaining two percent (2%) effective July 1, 2011. As such, effective July 1, 2011, members of the Executive Employee Group will assume responsibility for the full employee contribution effective fiscal year 2011/2012. To effect this 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 CaIPERS for miscellaneous employees in the Executive Employee Group. FINANCIAL STATEMENT: ACCOUNT NO. Savings for FY 2010-2011 from the additional PERS pick up is approximately $55,524. For FY 2011- 2012, the savings will increase to approximately $92,540. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Recommend approval of resolution BOARD 1 COMMISSION RECOMMENDATION: NIP ATTACHMENTS: solution RESOLUTION NO. 2010 — 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 INCREASING TO SIX PERCENT THE MEMBER CONTRIBUTION PAID BY THE CITY OF NATIONAL CITY'S MISCELLANEOUS EMPLOYEES, EXECUTIVE EMPLOYEE GROUP SUBSET EFFECTIVE JULY 1, 2010, AND INCREASING TO 8% EFFECTIVE JULY 1, 2011 WHEREAS, the City Council of the City of National City has the authority to implement Government Code Section 20691; and WHEREAS, the City Council has a written labor policy or agreement which specifically provides for the normal member contributions to be paid by the employer; and WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the City Council of a resolution to commence said Employer Paid Member Contributions (EPMC); and WHEREAS, the City Council has identified the following conditions for the purpose of its election to pay EPMC: 1. This benefit shall apply to all employees of the miscellaneous employees, Executive Employee Group Subset. 2. The benefit shall consist of paying 2% of the normal member contributions as EPMC effective July 1, 2010, and paying 0% by July 2011. 3. The effective date of this Resolution shall be July 1, 2010. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby elects to pay Employer Paid Contributions as set forth above. PASSED and ADOPTED this 1st day of June, 2010. Ron Morrison, Mayor ATTEST: Mike Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: AGENDA ITEM NO. 25 iM TITLE: Resolution of the City Council of the City of National City confirming individuals Councilmembers' and the Mayor's voluntary waiver of a total of 5% of the Public Employees Retirement System (PERS) contribution paid by the City of National City effective July 1, 2010, and increasing to 8% effective July 1, 2011 PREPARED BY: Claudia G. Silva, Esq. Qom- DEPARTMENT: City Attorney PHONE: 336-4222 J` J\ APPROVED BY: EXPLANATION: The City of National City has a projected budget short -fall of $6.7 Million for fiscal year 2010-2011. In an effort to balance the budget, elected officials and City staff have explored and implemented ways to decrease the City's expenditures. On January 6, 2009, the City Council approved a reduction of the Employer Paid Member Contributions (EPMC) to the Public Employees Retirement System (PERS) to 6%, with the Mayor and City Council paying a contribution of 2%. Pursuant to Government Code Section 36516(f), the Mayor and City Council may waive any or all of the compensation permitted by statute. The Mayor and City Council currently receive as a benefit EPMC in the amount of 6% and can voluntarily waive such benefit at anytime. Each individual member of the City Council and the Mayor desire to voluntarily waive an additional 3% of City -paid member PERS contribution effective July 1, 2010, resulting in a 6% member tribution. They will also waive an additional 3% effective July 1, 2011, resulting in a total of 8% member tribution. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: solution RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING INDIVIDUAL COUNCILMEMBERS' AND THE MAYOR'S VOLUNTARY WAIVER OF A TOTAL OF 5% OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) CONTRIBUTION PAID BY THE CITY OF NATIONAL EFFECTIVE JULY 1, 2010, AND INCREASING TO 8% EFFECTIVE JULY 1, 2011 WHEREAS, on January 6, 2009, the City Council approved a reduction of the Employer Paid Member Contributions (EPMC) to the Public Employees Retirement System (PERS) to 6%, with the Mayor and City Council paying a contribution of 2%; and WHEREAS, the City of National City has a projected budget short -fall of $6.7 Million for fiscal year 2010-2011; and WHEREAS, in an effort to balance the budget, elected officials and City staff have explored and implemented ways to decrease the City's expenditures; and WHEREAS, pursuant to Government Code Section 36516(f), the Mayor and City Council may waive any or all of the compensation permitted by statute; and WHEREAS, the Mayor and City Council currently receive as a benefit EPMC in the amount of 6% and can voluntarily waive such benefit at anytime; and WHEREAS, each individual member of the City Council and the Mayor voluntarily waive an additional 3% of City -paid member PERS contribution effective July 1, 2010, and an additional 3% effective July 1, 2011, resulting in a total of 8% member contribution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that each individual Councilmember and the Mayor hereby voluntarily waives a total of 5% of City -paid member PERS contribution effective July 1, 2010, and an additional 3% effective July 1, 2011, for a total of 8%. PASSED and ADOPTED this lst day of June, 2010. Ron Morrison, Mayor ATTEST: Mike Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 01, 20101 AGENDA ITEM NO. 'EM 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 increasing to five percent the member contribution paid by the City of National City's, Elected Official Employee Group Subset. Effective July 1, 2010 and increasing to 8% July 1, 2011. PREPARED BY: Stacey Stevenson, HR Directorj PHONE: 336-4308 EXPLANATION: DEPARTMENT: H APPROVED BY; n Re rces The City of National City is a member of the California Public Employee Retirement System (CaIPERS). As established by CaIPERS, the City is responsible for paying a percentage of the plan costs. Individual employees are also attributed a portion of the cost that can be paid on the employee's behalf by the City. In January, 2009, the City Council voted unanimously to contribute 2% of the employee portion of the cost, reducing the City's employer paid member contribution to 6%. On May 25, 2010, the City Council directed the City Manager to take the necessary actions to further increase the elected official contribution to 5% on July 1, 2010 and to the full 8% employee contribution on July 1, 2011. To effect this 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 CaIPERS for miscellaneous employees in the Elected Official Employee -Group. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS Savings for FY 2010-2011 from the additional PERS pick up is approximately $2,899. For FY 2011- 2012, the savings will increase to approximately $5,798. ENVIRONMENTAL REVIEW: IN/Ai ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Recommend approval of resolution BOARD / COMMISSION RECOMMENDATION: 1N/A1 ATTACHMENTS: solution RESOLUTION NO. 2010 — 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 INCREASING TO 5% THE MEMBER CONTRIBUTION PAID BY THE CITY OF NATIONAL CITY'S MISCELLANEOUS EMPLOYEES, ELECTED OFFICIAL EMPLOYEE GROUP SUBSET EFFECTIVE JULY 1, 2010, AND INCREASING TO 8% EFFECTIVE JULY 1, 2011 WHEREAS, the City Council of the City of National City has the authority to implement Government Code Section 20691; and WHEREAS, the City Council has a written labor policy or agreement which specifically provides for the normal member contributions to be paid by the employer; and WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the City Council of a resolution to commence said Employer Paid Member Contributions (EPMC); and WHEREAS, the City Council has identified the following conditions for the purpose of its election to pay EPMC: 1. This benefit shall apply to all employees of the miscellaneous employees, Elected Official Employee Group Subset. 2. The benefit shall consist of paying 3% of the normal member contributions as EPMC effective July 1, 2010, and paying 0% by July 2011. 3. The effective date of this Resolution shall be July 1, 2010. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby elects to pay Employer Paid Contributions as set forth above. PASSED and ADOPTED this 1st day of June, 2010. Ron Morrison, Mayor ATTEST: Mike Dalia, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1, 2010 AGENDA ITEM NO. 27 EM TITLE: TEMPORARY USE PERMIT — American Cancer Society's National City Relay for Life at Kimball Park from August 14th starting at 10am and concludes August 15th at 10am. This is a City co -sponsored event eligible to maximum fee waiver of $1,500.00 pursuant to City Council Policy #804. (Neighborhood Services) PREPARED BY: Vianey Rolon DEPARTMENT: Neighborhood Services Division PHONE: 619-336-4364 APPROVED BY: EXPLANATION: This is a request from the American Cancer Society to conduct the National City Relay for Life event at Kimball Park from August 14-15, 2010. This event is a 24-hour walking relay that starts at 10 am on August 14th and concludes at 10 a.m. on August 15th. This relay will raise money for the fight against cancer. During the event there will be food, entertainment, including 10 bands, and educational activities. The event organizers request the use of the full City stage system. The sponsors will also provide professional security, rented lighting, first aid, and portable toilets for the event. The event and sponsoring organization meet the criteria in the City Council Policy No. 804 for a waiver of fees up to the amount of $1,500.00. This event is a City co -sponsored event. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS The City has incurred $237.00 for processing the TUP through various City departments, plus $2,196.72 for Public Works, $123.03 for NPDES inspection, and $1,010.00 for Fire permits. Total fees are $3,566.75 (not reflecting the $1,500.00 waiver) ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of annmval with a waiver of fees totalinn $1.500.00. BOARD / COMMISSION RECOMMENDATION: N/A s-A //z-. 7 6 ATTACHMENTS: )lication for a Temporary Use Permit with recommended approvals and conditions of approval. Chief Officer of Organization (Name) Type of Event: Public Concert Parade Motion Picture Event Title: Ad _ Fair _ Festival KCommunity Event Demonstration _ Circus _ Block Party Grand Opening _ Other r2Event Location: i.< 1 lVai ( Park • l 2 5l 4 ' e-. C[4-0 Event Date(s): Fromg//q! O to SfiEfiD Total Anticipated Attendance: 5 ' Month/Day/Year (c tOParticipants) ( ?CX>Spectators) Actual Event Hours: 10`cl°CrR/pm to1©: ) pm Setup/assembly/construction Date: elt°1/6) Start time:5 • )ck2f l Please describe the scope of your setup/assembly work (specific details): 5.6)1(-49gil -fetus, stzuy , 2nopS . f,(hc/er ler/7`5 "&b,'5, chairs Parr /SxaD area fer "ilea m Dismantle Date: gl1 pd Completion Time: 3'• 00 a 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. hor)- Sponsoring Organizationft ratan �t/-trnr cfel��1/7/Gt�"Fo�Prof7C BCNot-for-Profit Applicant (Name): ✓ 1e-Men WJ f Address:ot �J'/ &rh i' o Gee ,e,, N #ZDD, 5 n -C'9/o, CI9 /cWcs Daytime Phone: p) ,233U• W-K Evening Phone: ( ) Fax: Contact Person "on site" day of the event Nt, sae m',zg - L4rZ Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 YES74 / 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. K 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 Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES _ NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in thi event area please specify the method: X GAS X. ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: _ 5- (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers ➢ Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condNumber o)P 5 Number of trash cans: � ° Trash containers with lids: 3dum �r Describe your plan for clean-up and removal of waste and garbage during and after the event: 0d"5pc,7le -fr h Car*Ipi,vided byedco• 3a'umk ,& a5,p`aVi'c, braeke?. VolunMer,5 f YIf /i ii»n fd1,Ue-ks 3 Is your organization a "Tax Exempt, nonprofit" organization? %� YES NO Are admission, entry, vendor or participant fees required? K YES _ NO If YES, please explain the purpose qpd provide amount(s): $5-12` 0/04 -team ofmnif verri $ 00, L'O© Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 040 Estimated Expenses for this event. $ 7 , 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. a / har evenf Jo ralY airztrer 5 oh issue of Car canter prever7! . Ft Teira ] 13 done Iv he(p pr7260W-7S %r171rp3 t ate o-erel( free of chxirq -fr eahcet-- p-ieht ar�� - .fin/ /ie3 -fr' or c rq . _ YES 1NO 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 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: t�CUI ,Diego 4�CUbs �� r 0025 Jim five Security Organization Address: 1-her r'etP ewcAA, Cam. 9/g0,7 Security Director (Name): Phone: YES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illurrlingt d tq ensur%fy ogee participa s and s e tator Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. I-5f 747C1 kn w /i te an4 dry 3/'71- Please describe your Accessibility Plan for access at your event by individuals with disabilities: thnd pdrkinG Please provide a detailed description of your PARKING plan: de51->ded ,dim jt MIt" pailzieno 1615r 21 Please describe your plan for DISABLED PARKING: handicap awuikb)) r-) 7 I /flo /vs. 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. V 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: t Type of Music: Vt / 0U5 YES _ NO Will sound amplification be used? If YES, please indicate: /YES NO Start time: 1 0 60 /57bm Finish Time 9 Will sound checks be conducted prior to the event? If YES, please indicate: Start time: pm Finish Time /t 6O 4/pm Please describe the sound equipment that will be used for your event: vahou5 In5-i-rup-en7 tied nutglcthns YES 40 Fireworks, rockets, or other pyrotechnics? If YES, please describe: "YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: The -rat -eel lil y Revised 08/10/05 5 &anner5 V- 5 ijn 5 . 5 Event: For Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization /i"-VIea/ 67W:e! - -6r71fa Person in Charge of Activity I Iti10 l - S — Lfe2 Address'b5 (am/ I'7O dal* 66 /IA —w/Oc D c /`ID^O 92/6)8 Telephone goo f1J Date(s) of Use 9 /3 — gh/5!// ° 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 un , r the permit by the permittee or its agents, employees or contr Signature of Applicant Official Title Date For Office Use Only Certificate of Insurance Approved Date Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organ zation Mier/a4 i OtriCer- aet cal (irr'i a Df'vi<s/Orn, 7 Cf Type of Organization/7D7 it F-T" tomrnu/2Ji c�'Gc/r'aC (Service Club, Church, Social Service Agency, etc.) . -QP pzg /775 ve 3. Will the event generate net income or proceeds t the sponsoring organization? V/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 (Pl ase provide an explanation and details. 0 amZZ74O,1 �r 5 -t e prem. and ?r vu PS cape r- patierr/s ,r Sri' r° leg �erec/ 7b ar q canci2r ies/eliix� ire /171217bnal Crty No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. __ No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. /X No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: X. No (P lease sign the form and submit it with the TUP Application) Signature / Date 9 AMERCAN ACORD- CERTIFICATE OF LIABILITY INSURANCE DATE (MMI00/YYYY) 4/8/2010 PRODUCER Commercial Lines _ (770) 850-0050 Wells Fargo Insurance Services USA, Inc 4401 Northside Parkway, Suite 400 Atlanta, GA 30327 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 NAIC # INSURED American Cancer Society, California Division, Inc. PO Box 2061 Oakland, CA 94604 INSURER A_ Traveler's Property & Casualty Company of Ameri 25674 INSURER B: INSURER C. INSURER 0: 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 WH H 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 LTRJNSRC A ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMIDD/YYI POLICY EXPIRATION DATE (MM/DDIYYI LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY TC2JGLSA487D6449TIL09 09/01/09 09/01/10 EACH OCCURRENCE $ 1,000,000 X DAMAGE TO RENTED PREMISES IFa occurrence) $ 100,000 CLAIMS MADE I X I OCCUR MED EXP (Any one person) $ 2,500 PERSONAL S AOV INJURY $ 1,000,000 GENERAL AGGREGATE $ 25,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000 000 PRO- -I POLICY n JECT n LOC A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS TC2JCAP487D6450TIL09 09/01/09 09/01/10 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 $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE b DEDUCTIBLE RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes describe under SPFCIAI. PROVISIONS below TC2JUB4B7D622809 09/01/09 - 09/01/10 II X I TORY IMITSI IOER El_ EACH ACCIDENT $ 500.000 FL DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS City of National City and its officials, employees, agents and volunteers are included as Additional Insured, but only with respect to liability arising from the negligence of American Cancer Society, California Division, Inc. during Relay For Life on August 13 - 15, 2010 at Kimball Park, Intersection of 12th and D Avenue, National City, CA 91950. CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Blvd. National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 9 J ACORD 25 (2001/08) 1 of 2 1347131 o ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001108) 2 of 2 #S915260/M915043 ETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT June 1,2010 AGENDA ITEM NO.28 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $837,768.18 to the City of National City for the period of 04/28/10 through 05/04/10 PREPARED BY: D. Gallegos DEPARTMENT: PHONE: 619-336-4331 APPROVED BY: 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 expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Approve the reimbursement of funds to the City of National City in the amount of $837,768.18 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A rACHMENTS: Warrants for the period of 04/28/10 through 05/04/10 IIVCORPORPI'TiP COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #44 5/4/2010 PAYEE DESCRIPTION CHK NO DATE AMOUNT DIXIELINE BUILDERS CASA FAMILIAR RENTAL REHAB PROJECT 236045 4/29/10 36,281.99 DAVID REED LANDSCAPE ARCHITECT CHANGE ORDER TO DESIGN SERVICES 236048 5/4/10 1,908.98 DESROCHERS RETIREMENT BENEFIT - MAY 2010 236049 5/4/10 110.00 HUSK PARTNERS CONSULTING SVCS-APR 2010 236050 5/4/10 7,500.00 ICF JONES & STOKES DRAFT EIR 236051 5/4/10 5,398.25 JOBS AVAILABLE INC JOB POSTING PUBLICATION 236052 5/4/10 35.00 MOORE IACOFANO GOLTSMAN INC LAS PALMAS PARK & FACIL PLAN 236053 5/4/10 527.80 NAN MCKAY AND ASSOC INC HOUSING REGULATIONS - S8 236054 5/4/10 224.00 PACIFIC BUSINESS CAPITAL CORP EQUIPMENT RENTAL (POWER POLES) 236055 5/4/10 195.00 SDG&E UTILITIES 03/19/10 - 04/19/10 236056 5/4/10 181.38 STAPLES ADVANTAGE MOP 45704 OFFICE SUPPLIES 236057 5/4/10 139.95 HARRIS & ASSOCIATES INC 8TH STREET CORRIDOR 236098 5/4/10 5,551.00 KOCH ARMSTRONG MARINA GATEWAY STREETSCAPE 236107 5/4/10 27,851.47 NINYO & MOORE GEOTECHNICAL TESTING SERVICES 236121 5/4/10 1,460.00 STAPLES ADVANTAGE MOP 45704 PRINT CARTRIDGES 236147 5/4/10 29.75 TORREY PINE BANK RETENTION PAYMENT 236155 5/4/10 3,094,61 SECTION 8 Start Date End Date SECTION 8 HAPS PAYMENTS 4/28/2010 5/4/2010 PAYROLL Pay period Start Date End Date Check Date 09 4/6/2010 4/19/2010 4/28/2010 AM Total $ 90,489.18 663,583.56 83,695.44 GRAND TOTAL $ 837,768.18 COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 44 5/4/2010 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 685,224.79 2,547.99 110, 891.08 39,104.32 837,768.18 STING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT June 1,2010 AGENDA ITEM NO. 29 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $5,198,095.41 to the City of National City for the period of 05/05/10 through 05/11/10 PREPARED BY: D. Gallegos DEPARTMENT: PHONE: 619-336-4331 APPROVED BY: 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 expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Approve the reimbursement of funds to the City of National City in the amount of $5,198,095.41 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A 'ACHMENTS: vvdrrants for the period of 05/05/10 through 05/11/10 COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #45 5/11/2010 PAYEE DESCRIPTION CHK NO DATE AMOUNT SAN DIEGO CLIPPING SERVICE NEWS READING/CLIPPING SERVICE 236168 5/06/10 70.50 SAN DIEGO COUNTY AUDITOR SERAF PURSUANT TO ABX4 26 236170 5/10/10 5,163,417.00 CHRISTENSEN & SPATH LLP 1441 HARDING 236171 5/11/10 1,080.00 LATITUDE 33 PLANNING AND ENGIN B-1 CONCEPT SITE PLANNING 236172 5/11/10 3,287.25 OPPER & VARCO GENERAL SERVICES 236173 5/11/10 2,647.00 PGP VALUATION INC APPRAISALS OF 522 WEST 8TH ST 236174 5/11/10 5,582.50 PRO BUILD MOP 45707 MATERIALS & SUPPLIES 236175 5/11/10 109.86 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICE 236176 5/11/10 66.70 SDG&E UTILITIES 03/24/10 - 04/23/10 236177 5/11/10 48.72 STAPLES ADVANTAGE MOP 45704 OFFICE SUPPLIES - REDEV 236178 5/11/10 175.03 STAPLES ADVANTAGE MOP 45704 TONER CTRG INKJT 236179 5/11/10 34.62 TIERRA WEST ADVISORS INC ADVISORS SVCS - MAR 2010 236180 5/11/10 10,786.25 CITY OF NATIONAL CITY PETTY CASH APRIL 2010 236203 5/11/10 16.00 KAISER FOUNDATION HEALTH PLANS INS ACTIVE - MAY 2010 236226 5/11/10 380.99 LASER SAVER INC MOP 45725 INK CARTRIDGES 236232 5/11/10 91.42 UNION TRIBUNE PUBLISHING CO PUBLIC NOTICES 236280 5/11/10 932.88 SECTION 8 SECTION 8 HAPS PAYMENTS Start Date End Date 4/21/2010 4/27/2010 A/P Total S 5,188,726.72 9,368.69 GRAND TOTAL S 5,198,095.41 • COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 45 5/11/2010 261 CDC DEBT SERVICE FUND 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 5,163,417.00 9,784.30 1,912.88 14,702.73 8,278.50 5,198,095.41 ITEM #30 6/1/10 Amortization Update: Initiation of block by block focus effort in the Westside (Old Town) beginning with blocks surrounding Kimball Elementary School. (Community Development) ITEM #31 6/01/10 Staff Report — June 1, 2010 Title: Coolidge Avenue Safe Routes to School Project In 2008, the Engineering Division applied for a competitive Federal Safe Routes to School grant to improve safety and walkability on Coolidge Avenue from W. 12th Street south to W. 18th Street at Kimball School. Last year the City was awarded the grant in the amount of $730,000, which will be applied towards project construction. The City provided a $200,000 match for design / engineering, public outreach and project management. Staff will begin the public outreach process on June 4th by presenting to the Old Town Community. Design elements for consideration are: • Traffic calming — corner pop -outs, refuge islands, traffic circles • Enhanced signing and striping at crosswalks • Wider sidewalks • Bicycle facilities — bike lanes, bike routes, bike boulevards with chicanes • Bike -share program — lend bikes to residents, provide racks/storage facilities • Safety lighting / Wi-fi • Decorative lighting • Way -finding signage • Trash receptacles/recycle bins • Tree -lines streets and landscape strips • Public art • Public area w/benches near Big B corner store • Parking — parallel, angled parking, alternating angled parking Development Services will solicit qualifications for professional design / engineering services this month, with contract award scheduled for August. This phase of the project is estimated to take approximately 8 to 10 months, which would result in most of the construction occurring over the Summer of 2011 as to reduce impacts to the school.