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2010 12-07 CC CDC AGENDA PKT
Agenda 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 — December 7, 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 be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you for your presence and wish you to know that we appreciate your involvement. ROLL CALL Pledge of Allegiance to the Flag by Mayor Ron Morrison CITY COUNCIL CONSENT CALENDAR 1. Approval of the Minutes of the City Council/Community Development Commission Special Meeting of June 1, 2010 and the Adjourned Regular Meeting of November 23, 2010. (City Clerk) 2. WARRANT REGISTER #19 Warrant Register #19 for the period of 11/03/10 through 11/09/10 in the amount of $393,929.82. (Finance) Council Requests That All CeII 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 CONSENT CALENDAR (Cont.) 3. WARRANT REGISTER #20 Warrant Register #20 for the period of 11/10/10 through 11/16/10 in the amount of $1,655,795.78. (Finance) COMMUNITY DEVELOPMENT COMMISSION 4. Authorize the reimbursement of Community Development Commission expenditures in the amount of $18,460.57 to the City of National City for the period of 11/03/10 through 11/09/10. (Finance) 5. Authorize the reimbursement of Community Development Commission expenditures in the amount of $96,412.20 to the City of National City for the period of 11/10/10 through 11/16/10. (Finance) BUSINESS RELATING TO GENERAL MUNICIPAL ELECTION NOVEMBER 2, 2010. 6. Resolution of the City Council of the City of National City reciting the fact of the General Municipal Election held on November 2, 2010, declaring the result and such other matters as provided by law. (City Clerk) RECOGNITION OF OUTGOING ELECTED OFFICIAL - Jess VanDeventer SWEARING IN OF NEWLY ELECTED MAYOR AND CITY COUNCIL RECESS (15 MIN.) ROLL CALL INCOMING MAYOR AND CITY COUNCIL COMMENTS CITY COUNCIUCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 1217/10 Page 2 Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estdn disponibles en el pasillo al principio de la junta. 7. Selection of Vice Mayor. (City Attorney) PROCLAMATION 8. Proclaiming December 16, 2010 as: "DAY WITHOUT A BAG DAY" PRESENTATIONS 9. Employee of the Month of December, 2010 — Arturo Sepulveda — Executive Chef, Nutrition Center. 10. National City Port Commissioners Report - Robert "Dukie" Valderrama 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. CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 12/7/10 Page 3 CONSENT CALENDAR (Cont.) 11. 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) 12. Resolution of the City Council of the City of National City appropriating $846,200 for the property acquisitions for the Plaza Boulevard Widening project. (Funded by Regional Surface Transportation Program (RSTP) (Development Services/Engineering) 13. Resolution of the City Council of the City of National City adopting the revised Standard Urban Storm Water Management Plan (SUSMP) Manual as required by the State of California. (Development Services/Engineering) 14. Resolution of the City Council of the City of National City authorizing the Mayor to sign the First Amendment to the Agreement for Fire Protection and Emergency Medical Services, for the Lower Sweetwater Fire Protection District. The Agreement will also provide new general fund revenue and equipment. (Fire) 15. Resolution of the City Council of the City of National City authorizing the Mayor to execute Teen Pregnancy Prevention Community Collaborative Grant Agreements between the City of National City and Operation Samahan, Inc., in support of Operations Samahan's application for two five- year grants totaling $875,000 in funding from the California Department of Public Health, Office of Family Planning. (City Manager) 16. Resolution of the City Council of the City of National City authorizing the Mayor to execute a 20 year lease between the City and the Boys' and Girls' Club of Greater San Diego, Inc., for the land and building located at 1430 D Avenue. (City Attorney) 17. Resolution of the City Council of the City of National City approving Facility Use Agreements between the Boys' and Girls' Club of Greater San Diego, Inc., the National School District; and the Sweetwater Union High School District, and a Sublease between the Boys' and Girls' Club of Greater San Diego, Inc. and Praise Gospel Christian Fellowship, for portions of the City - owned building located at 1430 D Avenue. (City Attorney) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 12/7/10 Page 4 CONSENT CALENDAR (Cont.) 18. Resolution of the City Council of the City of National City ratifying the revisions of the Memorandum of Agreement approved on October 5, 2010 with SANDAG acting as the San Diego County Regional Transportation Commission, to provide advanced funding through debt financing for use on Transnet eligible projects and refinance the variable rate commercial paper of $3,366,000 into fixed rate bonds from FY 2011 until FY 2020 (10 years). (Finance) 19. Resolution of the City Council of the City of National City consenting to the San Diego Housing Commission's staffing of Housing Development Partners, a nonprofit 501 (c) (3) corporation, in the development of the Senior Village Rehabilitation, Enhancement and Expansion Project within the City of National City. (Community Development/Housing and Grants) ORDINANCE FOR INTRODUCTION 20. An Ordinance of the City Council of the City of National City establishing the salaries of the Mayor and City Council. (City Attorney) NON CONSENT RESOLUTION 21. Resolution of the City Council of the City of National City to waive the formal bid process and authorize the purchase of a Pierce Arrow XT Fire Engine from Pierce Manufacturing for the National City Fire Department for a total of $531,439.13, using Lower Sweetwater Fire Protection District funds. (Fire) NEW BUSINESS 22. Request to extend the 40-day period for initiation of a Street Vacation to vacate portions of D Avenue south of 31st Street and 32nd Street east of D Avenue. (Applicant: Sudberry Properties, Inc.) (Case File No. 2008-37 SC). (Development Services/Planning) 23. Notice of Decision — Planning Commission approval of a zone variance for less than required parking at an existing single-family residence at 3425 Cagle Street. (Applicant: Annette Barron) (Case File 2010-30 Z CUP) (Development Services/Planning) CITY COUNCIL!COMMMUNITY DEVELOPMENT COMMISSION AGENDA 12/7110 Page 5 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 24. Resolution of the Community Development Commission of the City of National City (CDC) approving an Agreement for a period of two years not to exceed $150,000 for litigation and non -litigation support by and between the CDC and Christensen & Spath LLP. (Tax Increment Fund and Low -Mod Fund). (Community Development) 25. Resolution of the Community Development Commission of the City of National City (CDC) approving an Agreement by and between the Community Development Commission of the City of National City and HAPPY Software to upgrade the CDC Section 8 Rental Assistance Program's current Housing software program with the amount not to exceed $27,661. (CDC/Housing & Grants) NEW BUSINESS STAFF REPORTS 26. Furlough Schedule Report. (City Manager) 27. Draft Budget Calendar Update. (Finance) 28. Update on Business Licenses. (Development Services) MAYOR AND CITY COUNCIL ADJOURNMENT Adjourned Regular City Council and Community Development Commission Meeting - Tuesday — January 11, 2011 - 6:00 p.m. — Council Chamber - National City. (Please see attached Modified City Council Meeting Schedule) CITY COUNCIUCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 12/7/10 Page 6 NOTICE OF MODIFIED CITY COUNCIL MEETING SCHEDULE Please be advised that the City Council has adopted the following modified meeting schedule for November, December 2010 and January 2011. 2010 November 2 No Meeting November 9 Meeting November 23 Meeting December 7 Meeting 2011 January 11 Meeting January 25 Meeting Beginning in February 2011, the normal City Council Meeting Schedule (the first and third Tuesday of the month) will resume. ITEM #1 12/7/10 APPROVAL OF THE MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION SPECIAL MEETING OF JUNE 1, 2010 AND THE ADJOURNED REGULAR MEETING OF NOVEMBER 23, 2010. (CITY CLERK) LA I Y UI NAI IUNAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 7th, 2010 ITEM TITLE: arrant Register #19 for the period of 11/03/10 through 11/09/10 in the amount of $393,929.82 AGENDA ITEM NO. 2 PREPARED BY: K. Apalategui, PHONE: 619-336-4331' EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 11/03/10 through 11/09/10 DEPARTMENT: APPROVED BY: The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Dino Daycare Inc 239037 $ 50,000.00 Refund/Cash Deposit for project withdrawn Public Emp Ret System 239052 $252,893.64 Employee Ret Service Period 11-10-3 rmANCIAL 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 $393,929.82 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #19 PAYEE BIRRIAS CALIFORNIA REDEVELOPMENT CHRISTENSEN & SPATH LLP HUSK PARTNERS NAPA AUTO PARTS PRUDENTIAL OVERALL SUPPLY STAPLES ADVANTAGE VISTA PAINT ABCANA INDUSTRIES AMERICAN ROTARY BROOM ARMANDO ESPINOSA BRENNTAG PACIFIC INC CITY OF OCEANSIDE COOPER'S PLUMBING & HEATING DELTACARE (PMI) DINO DAY CARE INC FINANCIAL INDEMNITY COMPANY FLORES GIST GRAINGER HONEYWELL INTERNATIONAL INC IKON OFFICE SOLUTIONS/IOS JUDD ELECTRIC JUNIEL KAISER FOUNDATION HEALTH PLANS KONE LAWTON PRINTING, INC. LOVE MARTINELLI NATIONAL CITY AUTO TRIM PUBLIC EMP RETIREMENT SYSTEM RIVERSIDE SHERIFF'S RIVERSIDE SHERIFF'S ROARK ROUNDS SAN DIEGO SPEEDO TACH, INC. SDG&E SERGIO SALAZAR SPARKLETTS WATER STANLEY ACCESS TECHNOLOGIES U S BANK SERVICE CENTER UNDERGROUND SERVICE ALERT WHITE WILLY'S ELECTRONIC SUPPLY ECE1.11:A-{r NCORpQRATED WARRANT REGISTER # 19 11/9/2010 DESCRIPTION ECONOMIC DEVELOPMENT LOAN CRA MEMBERSHIP RENEWAL LEGAL SVCS / FILE# 3140-01/AUG 2010 CONSULTING SERVICES OCT 2010 MOP#45735 AUTOMOTIVE SUPPLIES/NSD MOP# 45742. LAUNDRY SERVICE/NSD MOP# 45704. OFFICE SUPPLIES/ S8 MOP# 68834. PAINTING SUPPLIES/NSD MUNICIPAL POOL CHEMICALS SWEEPER REPAIRS REFUND OF VIOLATION DISMISSED POOL CHEMICALS TUITION: DUI/SFST TRAINING FOR OFFICER PLUMBING SERVICES, REPAIRS DENTAL INS PMI NOV 2010 REFUND/CASH DEPOSIT FOR DINO CARE LIABILITY CLAIM COSTS REFUND !CASH DEPOSIT FOR PROJECT SUBSISTENCE & TRAVEL FOR TRAINING MOP 65179 BUILDING MATERIALS HVAC WORK COPIER LEASE 11/21/10 - 02/20/11 ELECTRICAL REPAIRS RETIREE BENEFITS MAY-NOV 2010 KAISER RETIREES INS NOV 2010 REPAIRS & MAINTENANCE INDEX TABS / PAYROLL EDUCATIONAL REIMBURSEMENT/HR REFUND/PORTION OF FILING CHARGES R&M CITY VEHICLES SERVICE PERIOD 11-10-3 TUITION: AVD TRAFFIC COLL INVEST TUITION INTERVIEWS & INTERROGATION RETIREE HEALTH BENEFITS NOV 2010 EDUCATIONAL REIMBURSEMENT/PD SPEEDOMETER CALIBRATIONS FACILITIES GAS & ELECTRIC REFUND OF DUPLICATE PAYMENT WATER FOR MAYOR'S OFFICE AUTOMATIC DOOR REPAIRS CREDIT CARD CHARGES / POLICE UNDERGROUND SERVICE ALERT REIMBURSEMENT: IMPACT CHILDREN MOP 45763 ELECTRICAL MATERIALS CHK NO DATE AMOUNT 239022 11/9/10 110.00 239023 11/9/10 7,990.00 239024 11/9/10 100.00 239025 11/9/10 7,500.00 239026 11/9/10 230.16 239027 11/9/10 15.99 239028 11/9/10 7.46 239029 11/9/10 334.41 239030 11/9/10 177.96 239031 11/9/10 973.41 239032 11/9/10 330.00 239033 11/9/10 479.90 239034 11/9/10 50.00 239035 11/9/10 846.00 239036 11/9/10 3,146.89 239037 11/9/10 50,000.00 239038 11/9/10 986.60 239039 11/9/10 2,500.0r 239040 11/9/10 1, 336.7: 239041 11/9/10 431.31 239042 11/9/10 820.26 239043 11/9/10 19,119.57 239044 11/9/10 150.00 239045 11/9/10 350.00 239046 11/9/10 20,971.57 239047 11/9/10 325.08 239048 11/9/10 55.75 239049 11/9/10 1,200.00 239050 11/9/10 1,116.79 239051 11/9/10 373.15 239052 11/9/10 252,893.64 239053 11/9/10 440.00 239054 11/9/10 200.00 239055 11/9/10 135.00 239056 11/9/10 1,500.00 239057 11/9/10 112.00 239058 11/9/10 10,851.26 239059 11/9/10 130.00 239060 11/9/10 12.72 239061 11/9/10 190.41 239062 11/9/10 2,870.37 239063 11/9/10 81.00 239064 11/9/10 538.E 239065 11/9/10 133.1 AVP Total 392,117.82 PAYEE SECTION 8 HAPS PAYMENTS Fa12.NIA INCORpOILA] D WARRANT REGISTER # 19 11/9/2010 DESCRIPTION CHK NO DATE AMOUNT Start Dale End Date 11/3/2010 11/9/2010 1,812.00 GRAND TOTAL $ 393,929.82 �.� 1 yr IYAI IVIVAL La 1 T, LALIrOt(NIA COUNCIL AGENDA STATEMENT MEETING DATE: December 7th, 2010 AGENDA ITEM NO. 3 ITEM TITLE: arrant Register #20 for the period of 11/10/10 through 11/16/10 in the amount of $1,655,795.78 PREPARED BY: '.K. Apalategui DEPARTMENT: PHONE: 619-336-4331APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 11/10/10 through 11/16/10 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Project Professionals Corp 239161 $58,262.25 Explanation Street Resurfacing 10-11 SDG&E 239175 $64,842.71 City Utilities rinANCIAL 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 $1,655,795.78 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #20 NAT l� INClg l TED Warrant Register#20 11/16/2010 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 111 P.O.S.T. FUND 120 PLAN CHECKING REVOLVING FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 131 ASSET FORFEITURE 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 277 NC PUBLIC LIBRARY DONATINS FUND 282 REIMBURSABLE GRANTS CITYWIDE 290 POLICE DEPT GRANTS 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 320 LIBRARY GRANTS 346 PROP 1 B FUND 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 644 EQUIPMENT REPLACEMENT RESERVE 724 COBRA/RETIREE INSURANCE 726 ENGINEERING/PUBLIC WORKS T & A DEPOSI 868,485.71 28,473.76 19,545.29 3,382.34 17,549.83 19,221.44 9,272.04 971.72 196.21 650.59 965.02 19,162.08 460.28 417.33 1,614.05 761.46 1,170.78 210,974.45 43,904.33 150.00 639.84 26,967.49 9,727.15 66,104.32 367.90 1,035.67 26,858.65 1,618.59 63,125.30 4,809.66 53,508.40 44,980.13 2,384.18 13,178.21 543.75 13,612.95 16,486.80 44,177.16 1,058.91 13,727.01 3,555.00 1,655,795.78 PAYEE LAW OFFICES OF DON DETISCH BAKER & TAYLOR BRODART CALIFA GROUP FEDEX HOLMA INFORMATION TODAY LASER SAVER INC MIDWEST TAPE SPRINT THE H W WILSON COMP U S POSTMASTER XEROX CORPORATION CALIFORNIA AIR COMPRESSOR CO LASER SAVER INC MAINTEX INC OPPER & VARCO PACIFIC BUSINESS CAPITAL CORP SAN DIEGO HOUSING FEDERATION STANLEY CONVERGENT SECURITY STAPLES ADVANTAGE PEACEKEEPER PRODUCTS INTL AFLAC ARCO GASPRO PLUS AT&T/MCI BARAWED BCM CUSTOMER SERVICE BONSUISSE INC BROADWAY AUTO ELECTRIC CALIFORNIA BAKING CO. CALIFORNIA DIESEL COMPLIANCE CALIFORNIA ELECTRIC SUPPLY CALIXTO CASHIER DEPT OF PEST REGLTN CEPA COMPANY CHARLIE BALAGOT OR CITY OF CHULA VISTA CITY OF OCEANSIDE CLAIMS MANAGEMENT ASSOCIATES CLEAN HARBORS COPWARE INC COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO D MAX ENGINEERING INC WARRANT REGISTER # 20 11/16/2010 DESCRIPTION PLAZA BLVD. / MISC MATTERS ADULT NON-FICTION BOOKS CHILDREN'S BOOKS RFID TAGS FOR BOOK PROCESSING FEDEX SERVICE FAMILY FOR LITERACY PERFORMER LITERARY MARKET PLACE REFERENCE MOP #45725 - HP INKJET CARTRIDGES DVD'S FOR THE COLLECTION VIDEO CONFERENCING, LONG DISTANCE REFERENCE BOOKS POSTAGE FOR OVERDUE NOTICES XEROX BASE CHARGE AND OVERAGES LIQUID FILLED GAUGE INKJET BLACK CARTRIDGE -SEC 8 RIGHT OFF 301 GRAFFITI REMOVER LEGAL SVCS -TOD PROJECT EQUIP RENTAL (POWER POLES) MEMBERSHIP RENEWAL - A YBARRA FIRE ALARM MONITORING/MAINTENANCE MOP 45704 OFFICE SUPPLIES - REDEV REGISTRATION-C BARAWED ACCT BDM36 NOV 2010 FUEL FOR CITY FLEET TELECOMMUNICATIONS SERVICE SUBSISTENCE/TRAVEL-TRAIN THE TRAINER HVAC MAINTENANCE A/C UNIT DAIRY DELIVERY FOR NUTRITION ELECTRICAL PARTS FOR CITY VEHICLES BREAD DELIVERY / NUTRITION CENTER ANNUAL STATE OPACITY TESTING MOP 45698 ELECTRICAL MATERIAL EDUC REIMB - JUVENILE OFFENDER CERTIFICATE RENEWAL-DIAZ, AVILA FUME HOOD CERTIFICATION & PARTS REFUND - DUPLICATE PAYMENTS ANIMAL SHELTER COSTS FOR FY 2011 DUI/SFST TRAINING CONS SVCS/LIABILITY & RISK NOV 2010 HAZARDOUS WASTE PICKUP SUBSCRIPTION/SITE LICENSE OBSERVER SAFETY CLOTHING / PD REGIONAL COMMUNICATIONS MAINT DEP #1332 THE GATEWAY 1/4 CHK NO DATE AMOUNT 239066 11/10/10 4,022.42 239067 11/16/10 3,621.04 239068 11/16/10 87.53 239069 11/16/10 611.77 239070 11/16/10 52.43 239071 11/16/10 150.00 239072 11/16/10 337.55 239073 11/16/10 233.44 239074 11/16/10 160.02 239075 11/16/10 11.11 239076 11/16/10 208.19 239077 11/16/10 308,00 239078 11/16/10 1,530.30 239079 11/16/10 44.94 239080 11/16/10 70.63 239081 11/16/10 523.7B 239082 11/16/10 501.'. 239083 11/16/10 195.01 239084 11/16/10 550.0U 239085 11/16/10 242.70 239086 11/16/10 289.38 239087 11/16/10 186.00 239088 11/16/10 1,472.24 239089 11/16/10 27,934.06 239090 11/16/10 5,892.74 239091 11/16/10 420.36 239092 11/16/10 150.00 239093 11/16/10 651.72 239094 11/16/10 320.81 239095 11/16/10 432.00 239096 11/16/10 630.00 239097 11/16/10 63.89 239098 11/16/10 885.02 239099 11/16/10 120.00 239100 11/16/10 626.81 239101 11/16/10 30.00 239102 11/16/10 28,372.00 239103 11/16/10 50.00 239104 11/16/10 4,965.00 239105 11/16/10 460.28 239106 11/16/10 1, 850.' 239107 11/16/10 36.t, 239108 11/16/10 9,063.0C 239109 11/16/10 1,680.00 214 PAYEE D MAX ENGINEERING INC D MAX ENGINEERING INC DAPPER TIRE COMPANY DELTA DENTAL PLAN OF CA DELTACARE (PMI) DILLARD DIZINNO DOUCETTE ERGOMETRICS ESGIL CORPORATION EXPERIAN FEDEX FERGUSON ENTERPRISES INC FIRE ETC FRANK TOYOTA c'USCOE ENGINEERING, INC. & A AUTOMOTIVE, INC. ALINDO ROJAS ERARDO GARCIA GTC SYSTEMS INC HAMILTON MEATS & PROVISIONS HD SUPPLY PLUMBING HONEYWELL INTERNATIONAL INC HORIZON HEALTH EAP HYDRO-SCAPE PRODUCTS INC. INTERVIEWS & INTERROGATIONS IRON MOUNTAIN RECORDS JESTONI BAR & RESTAURANT JOHN DEERE LANDSCAPES JONES JOSEPH HOWARD WILEY JOSSE JUAREZ 99C STORE KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KILLACKY, KEVIN KLOS KONE LASER SAVER INC LEACH )PEZ "ARCHANTE 1DOUGAL LOVE ECKIS (KIES LAWN AND POWER EQUIPMENT NA INCORPORATED WARRANT REGISTER # 20 11/16/2010 DESCRIPTION DEP #1386 - AUTOZONE DEP #1420 PLAZA BLVD CENTER TIRES FOR CITY FLEET COBRA DENTAL INS OCT 2010 COBRA- INS PMI SEP/OCT/NOV 2010 REIMB - EDUCATIONAL REIMB - PAINT/REPAIR KIT/CLEANER ETC REIMB FOR CREATING CD FEDEX COSTS FOR S. A. S. PLAN CHECKING SERVICES OF BUILDING CREDIT CHECKS / NEW PD EMPLOYEES MAIL HANDLING CHARGES -FINANCE MOP 45723 PLUMBING MATERIAL #6400. ANCHOR PLATE, CMC NFPA, ALUM TOYOTA PRIUS HYBRID LEASE ENGINEERING & ENVIRONMENTAL SVCS REBUILT COMPRESSOR FOR V# 354 REIMB - PROMOTIONAL ACTIVITIES NC200924037 - DUPLICATE PAYMENTS NETWORK ENG HRS / OCT 2010 MEAT DELIVERY / NUTRITION CENTER PLUMBING MATERIALS, HVAC WORK EMPLOYEE ASST PROGRAM OCT'10 MOP 45720 PLUMBING MATERIALS TUITION INTERVIEWS & INTERROGATION RECORDS MANAGEMENT/DOC STORAGE REPLACE CK#237138 - NEVER RECEIVED MOP 69277 HORTICULTURAL ITEMS REIMB FOR KITCHEN UTENSILS REFUND- CORRECTED SIGNED OFF 125 PLAN REIMBURSEMENT BL ADMIN REFUNG KAISER RET INS NOV 2010 KAISER RET INS COBRA SEP-OCT 2010 125 PLAN REIMBURSEMENT SUBSISTENCE- DEATH INVESTIGATIONS ELEVATOR REPAIRS & MAINTENANCE MOP# 45725. INK CARTRIDGE / FINANCE SUBSISTENCE/TRAVEL-MEDIA RELATIONS TRANSLATION SERVICES FY 10/11 MILEAGE REIMB - SANDPIPA MEETING PROFESSIONAL SVCS - 10/31/10 BL ADMIN REFUND CHK NO DATE AMOUNT 239110 11/16/10 1,515.00 239111 11/16/10 360.00 239112 11/16/10 2,465.72 239113 11/16/10 285.07 239114 11/16/10 48.87 239115 11/16/10 175.00 239116 11/16/10 141.73 239117 11/16/10 92.44 239118 11/16/10 14.36 239119 11/16/10 29,501.83 239120 11/16/10 27.48 239121 11/16/10 31.90 239122 11/16/10 420.07 239123 11/16/10 758.57 239124 11/16/10 1,058.91 239125 11 /16/10 1,925.00 239126 11/16/10 735.54 239127 11/16/10 85.57 239128 11/16/10 50.00 239129 11/16/10 393.75 239130 11/16/10 1,721.91 239131 11/16/10 527.31 239132 11/16/10 834.75 239133 11/16/10 758.96 239134 11/16/10 103.82 239135 11/16/10 200.00 239136 11/16/10 131.00 239137 11/16/10 931.67 239138 11/16/10 16.31 239139 11/16/10 92.31 239140 11/16/10 50.00 239141 11/16/10 384.60 239142 11/16/10 21.50 239143 11/16/10 12,242.78 239144 11/16/10 1,150.29 239145 11/16/10 789.42 239146 11/16/10 248.00 239147 11/16/10 3,623.79 239148 11/16/10 1,214.22 239149 11/16/10 372.00 239150 11/16/10 140.00 239151 11/16/10 23.20 239152 11/16/10 70.00 239153 11/16/10 21.50 PAYEE NEXUS IS INC NINYO & MOORE OLIVER PACKAGING & ORKIN PEST CONTROL PADRE JANITORIAL SUPPLIES INC PMW ASSOCIATES PMW ASSOCIATES PROJECT PROFESSIONALS CORP. PRUDENTIAL OVERALL SUPPLY R.J. SAFETY SUPPLY RAFAEL SANCHEZ RDO EQUIPMENT CO. RICHARD ROMMEL CROSSAN RODRIGUEZ ROUNDS SAM'S ALIGNMENT SERVICE SAN DIEGO BMW MOTORCYCLES SAN DIEGO COUNTY SAN DIEGO COUNTY SAN DIEGO DAILY TRANSCRIPT SAN DIEGO SPEEDO TACH, INC. SDG&E SEWARD SEWARD SMART & FINAL SOUTHWEST SIGNAL SERVICE STAPLES ADVANTAGE S W E ET WATE R AUTHORITY SYSCO SAN DIEGO THE STAR NEWS THE UNION TRIBUNE PUBLISHING THIRD DEGREE COMMUNICATIONS THOMAS HERMAN CONSULTING U S BANK SERVICE CENTER U S BANK SERVICE CENTER U S BANK SERVICE CENTER U S BANK SERVICE CENTER UNION TRIBUNE PUBLISHING CO UNION -TRIBUNE PUB. CO. USA MOBILITY WIRELESS, INC. VCA EMERGENCY ANIMAL HOSPITAL VERIZON WIRELESS WEST PAYMENT CENTER WESTFLEX INDUSTRIAL WARRANT REGISTER # 20 11/16/2010 DESCRIPTION NEXUS PHONE SYSTEM MATERIALS TESTING BAY MARINA DRIVE HOME DELIVERED TRAYS & CONSUMABLES PEST MAINTENANCE JANITORIAL SUPPLIES FOR NUTRITION TUITION: MED RELATIONS-R ROUNDS TUITION- MEDIA RELATIONS -LEACH, D ST RESURFACING 10-11 MOP 45742 LAUNDRY SERVICE SAFETY GEAR / PARK DEPARTMENT REFUND - DUPLICATE PAYMENT FUEL GAUGE, FOR V# 112 REFUND - VIOLATION DISMISSED 125 PLAN REIMBURSEMENT SUBSISTENCE/TRAVEL-MEDIA RELATIONS WHEEL ALIGNMENT CITY VEHICLES R&M CITY VEHICLES 2010 SDCBA MEMBERSHIP COST 2010 SDCBA MEMBERSHIP COST AD FOR SPEC NO 10-5 SPEEDOMETER CALIBRATIONS STREET GAS & ELECTRIC SLI - CLASS 289 REIMB ASSERTIVE SUPERVISIONS COURSE MOP# 45756. SUPPLIES FOR FIRE DEPT TRAFFIC SIGNAL & STREET LIGHTING FOLDING TABLES AND CHAIRS/POLICE PARKS WATER BILL CONSUMABLES FOR NUTRITION CENTER AD FOR SPEC NO 10-5 LEGAL NOTICES ADVERTISING FY 10/11 TUITION: DEATH INVESTIGATION-KLOS CONSULTANT SERVICES / POLICE CREDIT CARD EXP - COMM SVCS CREDIT CARD CHARGES - PD CREDIT CARD CHARGES - CM CREDIT CARD COST - TEEN PROGM PUBLIC NOTICING PUBLICATION OF PLANNING COMMISSION USA MOBILITY/METROCALL PAGER SERVICE EMERGENCY ANIMAL CARE FOR STRAY VERIZON WIRELESS SERVICE / CITY CLEAR INVESTIGATIVE DATABASES/PD MOP 63850 AUTO PARTS CHK NO DATE 239154 11/16/10 239155 11/16/10 239156 11/16/10 239157 11/16/10 239158 11/16/10 239159 11/16/10 239160 11/16/10 239161 11/16/10 239162 11/16/10 239163 11/16/10 239164 11/16/10 239165 11/16/10 239166 11/16/10 239167 11/16/10 239168 11/16/10 239169 11/16/10 239170 11/16/10 239171 11/16/10 239172 11/16/10 239173 11/16/10 239174 11/16/10 239175 11/16/10 239176 11/16/10 239177 11/16/10 239178 11/16/10 239179 11/16/10 239180 11/16/10 239181 11/16/10 239182 11/16/10 239183 11/16/10 239184 11/16/10 239185 11/16/10 239186 11/16/10 239187 11/16/10 239188 11/16/10 239189 11/16/10 239190 11/16/10 239191 11/16/10 239192 11/16/10 239193 11/16/10 239194 11/16/10 239195 11/16/10 239196 11/16/10 239197 11/16/10 3/4 AMOUNT 1,699.78 2,639.75 1,256.00 373.33 363.07 420.00 420.00 58,262.25 248.74 221.08 35.00 61.84 30.00 333.72 408.40 878.2P 1,729. 235.0( 220.0( 483.70 56.00 64,842.71 419.58 54.42 173.76 10,167.75 2,062.52 1,814.75 4,487.74 1,235.13 643.60 172.00 20,000.00 1,470.40 425.92 220.68 104.97 410.00 1,216.80 906.95 45 3,950 420.01 125.71 1' CURP4R/TE11 WARRANT REGISTER # 20 11/16/2010 4/4 PAYEE DESCRIPTION CHK NO DATE AMOUNT WILLIAMS REIMB - EDUCATIONAL JUVENILE OFFENDEF 239198 11/16/10 831.60 WILLY'S ELECTRONIC SUPPLY MOP 45763 MATERIALS & SUPPLIES 239199 11/16/10 119.55 YOUNG SUBSISTENCE/TRAVEL-SHERMAN BLCK 239200 11/16/10 419.58 A/P Total 352,917.74 WIRED PAYMENTS TRISTAR RISK MANAGEMENT OCT 2010 WC REPLENISHMENT 32322277 11/16/10 39,441.41 Start Date End Dale SECTION 8 HAPS PAYMENTS 11/3/2010 11/16/2010 6,062.15 PAYROLL Pay period Start Date End Date Check Date 23 10/19/2010 11 /1 /2010 11/10/2010 1,257,374.48 GRAND TOTAL $ 1,655,795.78 VI- NAI IVNAL L 1 I T, (. ALII-UKNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT MEETING DATE: December 7th, 2010 AGENDA ITEM NO. 4 EM TITLE: ;Authorize the reimbursement of Community Development Commission expenditures in the amount of $18,460.57 to the City of National City for the period of 11/03/10 through 11/09/10 PREPARED BY: K. Apalategui', DEPARTMENT: PHONE: 819-336-4331APPROVED 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: APPROVED: ACCOUNT NO. APPROVED: Approve the reimbursement of funds to the City of National City in the amount of $18,460.571 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: IN/A ATTACHMENTS: irrants for the period of 11/03/10 through 11/09/10 COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 19 11/9/2010 502 SECTION 8 FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 2,181.96 16,178.61 100.00 18,460.57 PAYEE BIRRIAS CALIFORNIA REDEVELOPMENT CHRISTENSEN & SPATH LLP HUSK PARTNERS NAPA AUTO PARTS PRUDENTIAL OVERALL SUPPLY STAPLES ADVANTAGE VISTA PAINT DELTACARE (PMI) U S BANK SERVICE CENTER SECTION 8 SECTION 8 HAPS PAYMENTS COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #19 11/9/2010 DESCRIPTION ECONOMIC DEVELOPMENT LOAN CRA MEMBERSHIP RENEWAL LEGAL SVCS / FILE# 3140-01/ AUG 2010 CONSULTING SERVICES OCT 2010 MOP#45735 AUTOMOTIVE SUPPLIES/NSD MOP# 45742. LAUNDRY SERVICE/NSD MOP# 45704. OFFICE SUPPLIES/ S8 MOP# 68834. PAINTING SUPPLIES/NSD DENTAL INS PMI NOV 2010 CREDIT CARD CHARGES / POLICE Start Date 11/3/2010 End Date 11/9/2010 CHK NO DATE AMOUNT 239022 11/9/10 110.00 239023 11/9/10 7,990.00 239024 11/9/10 100.00 239025 11/9/10 7,500.00 239026 11/9/10 230.16 239027 11/9/10 15.99 239028 11/9/10 7.46 239029 11/9/10 334.41 239036 11/9/10 -1.95 239062 11/9/10 362.50 A/P Total $ 16,648.57 1,812.00 GRAND TOTAL $ 18,460.57 UI 1 Y OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT MEETING DATE: December 7th, 2010 AGENDA ITEM NO. 5 EM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $96,412.20 to the City of National City for the period of 11/10/10 through 11/16/10 PREPARED BY: 1K. Apalateguil PHONE: 619-336-4331 EXPLANATION: Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC. DEPARTMENT: APPROVED BY: 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 $96,412.20 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: rrants for the period of 11/10/10 through 11/16/10 COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 20 11/16/2010 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 26, 858.65 1,618.59 63,125.30 4,809.66 96,412.20 COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #20 11/16/2010 PAYEE CALIFORNIA AIR COMPRESSOR CO LASER SAVER INC MAINTEX INC OPPER & VARCO PACIFIC BUSINESS CAPITAL CORP SAN DIEGO HOUSING FEDERATION STANLEY CONVERGENT SECURITY STAPLES ADVANTAGE NINYO & MOORE SECTION 8 SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 23 10/19/2010 DESCRIPTION LIQUID FILLED GAUGE INKJET BLACK CARTRIDGE -SEC 8 RIGHT OFF 301 GRAFFITI REMOVER LEGAL SVCS -TOD PROJECT EQUIP RENTAL (POWER POLES) MEMBERSHIP RENEWAL - A YBARRA FIRE ALARM MONITORING/MAINTENANCE MOP 45704 OFFICE SUPPLIES - REDEV MATERIALS TESTING BAY MARINA DRIVE Start Date 11/3/2010 End Date 11/1/2010 End Date 11/16/2010 Check Dale 11/10/2010 CHK NO DATE AMOUNT 239079 11/16/10 44.94 239080 11/16/10 70.63 239081 11/16/10 523.78 239082 11/16/10 501.50 239083 11/16/10 195.00 239084 11/16/10 550.00 239085 11/16/10 242.70 239086 11/16/10 194.96 239155 11/16/10 2,639.75 A/P Total $ 4,963.26 6,062.15 85,386.79 GRAND TOTAL $ 96,412.20 V11 T ur IVAI IUNAL l.I 1 Y, UALII-UKNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 7, 2010 AGENDA ITEM NO. I 'EPA TITLE: SOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 2, 2010, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW. PREPARED BY: Michael R. Dalla PHONE: 619-336-4226 EXPLANATION: DEPARTMENT: City Clerk APPROVED BY: Once the Registrar of Voters has canvassed the election and provided an "Official Canvass" of the returns to the City Clerk, the Council must meet and adopt a Resolution to "Declare Results" pursuant to California Election Code 15400, incorporating the "Official Canvass" into the Resolution as "Exhibit A." NOTE: OFFICIAL CERTIFICATION BY THE REGISTRAR OF VOTERS WILL NOT OCCUR UNTIL AFTER PREPARATION OF THE AGENDA. THIS ITEM WILL BE DISTRIBUTED UNDER SEPARATE COVER AS SOON AS IT IS AVAILABLE. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Resolution 3ertified "Official Canvass" from the Registrar of Voters RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 2, 2010, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of National City, California, on Tuesday, November 2, 2010, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; voting precincts were properly established; election officers were appointed and in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, pursuant to Resolution No. 2010-130 adopted on June 22, 2010, the San Diego County Registrar of Voters canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as Exhibit "A" NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the whole number of ballots cast in the City, except absent voter ballots, was 4,630. That the whole number of absent voter ballots cast in the City was 4,215 making a total of 8,845 ballots cast in the City. follows: SECTION 2. That the names of the persons voted for at the election for Mayor are as RON MORRISON ALEJANDRA SOTELO-SOLIS DARRYL GORHAM R. MITCHEL BEAUCHAMP That the names of persons voted for at the election for City Council are as follows: LOUIS NATIVIDAD MONA ALVARADO-RIOS DITAS YAMANE FRANK LOPEZ SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates were listed in Exhibit "A", attached. Resolution No. 2010 — December 7, 2010 Page 2 SECTION 4. The City Council does declare and determine that: RON MORRISON was elected as Mayor for the full term of four years; LOUIS NATIVIDAD was elected as a Member of the City Council for the full term of four years; and MONA ALVARADO-RIOS was elected as a Member of the City Council for the full term of four years. SECTION 5. That the City Clerk shall enter on the records of the City Council of the City, a statement of result of the election showing: (a) The whole number of votes cast in the City; (b) The names of the persons voted for; (c) For what office each person was voted for; (d) The number of votes given at each precinct to each person; (e) The total number of votes given in the city to each person. SECTION 6. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of Califomia, and shall have them subscribe to it and file it in the Office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 7th day of December, 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk Claudia G. Silva City Attorney tAttlt$11 'A' CERTIFICATE STATE OF CALIFORNIA 1 } ss COUNTY OF SAN DIEGO ) 1, Deborah Seiler, Registrar of Voters for the County of San Diego, do hereby certify that I have conducted the official canvass of the returns from the Gubernatorial General Election held on November 2, 2010, in the County of San Diego. The following is a statement of the results showing the total number of ballots cast, the total number of votes for each candidate and the total number of votes in favor of and against each proposition. Witness my hand and official seal this 30th day of November, 2010. / DEBORAH SEILER Registrar of Voters COUNTY OF SAN DIEGO GUBERNATORIAL GENERAL ELECTION Tuesday, November 2, 2010 Official Results (San Diego County Portion Only) Report #25 Date:11 /30/ 10 Time:16:46:31 Page:l of 19 Registered Voters 1442161 - Cards Cast 926363 64.23% GOVERNOR Number of Precincts Precincts Reporting Vote For Total Votes Total 2050 2050 100.0 % 1 909513 MEG WHITMAN EDMUND G. BROWN CHELENE NIGHTINGALE DALE F. OGDEN LAURA WELLS CARLOS ALVAREZ REP DEM AIP LIB GRN PF 452205 399845 18135 15362 12409 9989 49.72% 43.96% I.99% I.69% 1.36% 1.10% LIEUTENANT GOVERNOR Number of Precincts Precincts Reporting Vote For Total Votes Total 2050 2050 100.0 % 1 876968 ABEL MALDONADO GAVIN NEWSOM PAMELA J. BROWN JIM KING JAMES CASTILLO C.T. WEBER REP DEM LIB AIP GRN PE 403270 366862 58457 17869 14195 11289 45.98% 41.83% 6.67% 2.04% 1.62% 1.29% SECRETARY OF STATE Number of Precincts Precincts Reporting Vote For Total Votes DAMON DUNN DEBRA BOWEN ANN MENASCHE CHRISTINA TOBIN MERTON D. SHORT MARYLOU CABRAL REP DEM GRN LIB AIP PF Total 2050 2050 100.0 % 858272 393542 388856 25277 20544 16561 12971 45.85% 45.31% 2.95% 2.39% 1.93% 1.51% CONTROLLER Number of Precincts Precincts Reporting Vote For Total Votes Total 2050 2050 100.0 % 1 865854 JOHN CHIANG TONY STRICKLAND ANDREW "ANDY" FAVOR KAREN MARTINEZ LAWRENCE G. BELIZ ROSS D. FRANKEL DEM REP LIB PE AIP GRN 426072 367502 29137 14958 14014 13721 49.21% 42.44% 3.37% 1.73% 1.62% 1.58% Num. Report Precinct 2050 - Num. Reporting 2050 100.00% TREASURER Number of Precincts Precincts Reporting Vote For Total Votes Total 2050 2050 100.0 % 1 857547 BILL LOCKYER MIMI WALTERS EDWARD M. TEYSSIER CHARLES CRITTENDEN ROBERT LAUTEN DEBRA L REIGER DEM REP LIB GRN AIP PF 411017 379464 23964 19965 12270 10343 47.93% 44.25% 2.79% 2.33% 1.43% 1.21% ATTORNEY GENERAL Number of Precincts Precincts Reporting Vote For Total Votes Total 2050 2050 100.0 % 1 857844 STEVE COOLEY KAMALA D. HARRIS TIMOTHY J. HANNAN PETER ALLEN DIANE BEALL TEMPLIN ROBERT J. EVANS kek REP DEM LIB GRN AIP PE ra 444106 331052 26747 23644 16923 14720 51.77% . 38.59% 3.12% 2.76% 1.97% 1.72%1 INSURANCE COMMISSIONER Number of Precincts Precincts Reporting Vote For Total Votes Total 2050 2050 100.0 % 1 842372 MIKE VILLINES DAVE JONES RICHARD S. BRONSTEIN DINA PADILLA WILLIAM BALDERSTON CLAY PEDERSEN REP DEM LIB PF GRN AIP 382705 361565 35055 24900 19423 18067 45.43% 42.92% 4.16% 2.96% 2.31% 2.14% STATE BOARD OF EQUALIZATION 3RD DISTRICT Number of Precincts Precincts Reporting Vote For Total Votes Total 2050 2050 100.0 % 1 812162 MICHELLE STEEL MARY HEISING JERRY L. DIXON MARY LOU FINLEY TERRI LUSSENHEIDE REP DEM LIB PE AIP 424657 300324 40277 27375 18781 52.29% 36.98% 4.96% 3.37% 2.31% a COUNTY OF SAN DIEGO Date:11/30/10 GUBERNATORIAL GENERAL ELECTION Time:18.00_49 Pagea l of 15 Tuesday, November 2, 2010 Official Canvass Results (San Diego County Portion Only) CITY OF NATIONAL CITY Reg_ Voters TURN OUT Cards Cast Jurisdiction Wide 515600-NATIONAL CITY Polling Mail Ballots 636 636 °A° Turnout 239 37.58% 114 17.92% 'Total 515800-NATIONAL CITY Polling Mail Ballots 636 1163 1163 353 5550% 324 27.86% 246 21.15% Total 515900-NATIONAL CITY Polling Mail Ballots 1163 876 876 570 49.01% 257 29.34% 164 18.72% Total 516000-NATIONAL CITY Polling Mail Ballots 876 421 48.06% 1023 337 32.94% 1023 282 27.57% Total 516200-NATIONAL CITY Polling Mail Ballots Total 516500-NATIONAL CITY Polling Mail Ballots 1023 619 60.51% 1344 1344 1344 843 843 304 22.62% 389 28-94% 693 51.56% 269 31.91% 265 31.44% Total 516700-NATIONAL CITY Polling Mail Ballots Total 516800-NATIONAL CITY Polling Mail Ballots 843 534 63.35% 1322 355 26-85% 1322 313 23.68% 1322 668 50.53% 831 264 31.77% 831 170 20.46% Total 517200-NATIONAL CITY Polling Mail Ballots Total 517400-NATIONAL CITY Polling Mail Ballots 831 434 5223% 723 723 723 132 18.26% 252 34.85% 384 53.11% 918 249 27.12% 918 244 26.58°% Total 517500 NATIONAL. CITY Polling Mail Ballots 918 493 53.70% 768 192 25.00% 768 171 22.27% Total 517600-NATIONAL CRY Polling Mail Ballots 768 363 47.27% 999 999 Total 517800-NATIONAL CITY Polling Mail Ballots 999 286 28.63% 285 2853% 571 57.16% 1118 302 27_01% 1118 195 17.44% Total 518100-NATIONAL CITY Polling Mail Ballots 1118 497 44.45% 963 276 28.66% 963 291 30.22% Total 518310-NATIONAL CITY Polling Mail Ballots Total 963 567 58.88% 1268 384 30.28% 1268 314 24.76% 1268 698 55.05% 3 COUNTY OF SAN DIEGO Date:11/30/10 GUBERNATORIAL GENERAL ELECTION Time:18:00:49 Page:2 of 15 Tuesday, November 2, 2010 Official Canvass Results (San Diego County Portion Only) CITY OF NATIONAL CITY Reg Voters TURN OT1T Cards Cast % Turnout 518600-NATIONAL CITY Polling Mail Ballots 753 753 208 27.62% 177 23.51% Total 518800-NATIONAL CITY Polling Mail Ballots 753 385 51.I3% 1044 1044 252 24.14% 263 25.19°.%0 Total 999568-NATIONAL CITY-VBM Polling Mali Ballots Total 999578-NATIONAL CITY-VBM Polling Mail Ballots 1044 515 49.33% 34 0 0.00% 34 22 64.71% 34 22 64.71% 0 0 o 0 Total 999579-NATIONAL CITY-VBM Polling Mail Ballots Total Total Polling Mail Ballots 129 129 129 0 0.00% 58 4496% 58 4496% 16755 4630 27.63% 16755 4215 25.16% Total COUNTY -WIDE OFFICE COUNTY -WIDE OFFICES Polling Mail Ballots 16755 8845 52.79% 16755 16755 4630 27.63% 4215 25.16% Total Total Polling Mail Ballots 16755 8845 52.79"/ 16755 16755 4630 27.63% 4215 25.16/ Total STATE BOARD OF EQUALIZATION 3RD BD OF EQUAL DIST Polling Mail Ballots 16755 16755 16755 8845 52.79° 4630 27:63% 4215 25.16"/ Total Total Polling Mail Ballots 16755 8845 52.79% 16755 16755 4630 2763% 4215 25.16% Total STATE SENATORIAL DIST'S 2001 40TH SENATORIAL DIST Polling Mail Ballots 16755 16755 16755 8845 52.79°/ 4630 27.63% 4215 25.16% 7•otal Total Polling Mail Ballots 16755 8845 52.79% 16755 4630 27.63% 16755 4215 25.16% Total STATE ASSEMBLY DIST'S 2001 79TH ASSEMBLY DIST Polling Mail Ballots Total Total 16755 8845 52.79% 16755 4630 27.63% 16755 4215 25.16% 16755 8845 52 79% `1 COUNTY OF SAN DIEGO Date:1l/30/10 GUBERNATORIAL GENERAL ELECTION rimeax:o3 15 Pageoff I5 Tuesday, November 2, 2010 Official Canvass Results (San Diego County Portion Only) CITY OF NATIONAL CITY Reg, Vot ens TURN OIJT Cards Cast Turnout Polling Mail Ballots Total SUPERVISORIAL DISTRICTS 2001 1ST SUPERVISORIAL DIST Polling Mail Ballots Total Total Polling Mail Ballots Total INCORP CITY COIINCII. DIST'S 2001 No Matching District Polling Mail Ballots Total Total Polling Mail Ballots Total 16755 4630 27.63% 16755 4215 25.16% 16755 8845 52.79% 16755 16755 4630 27.63% 4215 25.16% 16755 8845 52.79% 16755 4630 27.63°/ 16755 4215 25.16% 16755 8845 52.79% 16755 16755 4630 27.63% 4215 25.16% 16755 8845 52.79% 16755 4630 27.63% 16755 4215 25.16% 16755 8845 52.79% 5 COUNTY OF SAN DIEGO Date:11/30/10 GUBERNATORIAL GENERAL ELECTION TiPage:400:49 gc:4 of 15 Tuesday, November 2, 2010 Official Canvass Results (San Diego County Portion Only) CITY OF NATIONAL CITY Reg_ Voters Vote For CITY OF Total Votes NATIONAL CITY DARRYL GORIIAM MAYOR R. MITCHEL BEAUCHAMP A. SOTELO-SOLIS Jurisdiction Wide 515600-NATIONAL C17Y Polling Mail Ballots 636 1 226 3 1.33% 2 0.88% 127 56.19% 636 1 110 2 1.82% 7 6.36% 45 40.91% Total 515800-NATIONAL CITY Polling Mail Ballots 636 2 336 5 I49% 9 2.68% 172 51.19% 1163 1 304 19 6.25% 9 2.96% 133 43.75% 1163 l 231 19 8.23% 12 5.19% 60 25.97% Total 515900-NATIONAL CITY Polling Mail Ballots 1163 2 535 38 7.10% 21 3.93% 193 36.07% 876 1 234 5 2.14% 9 3.85% 133 56.84% 876 1 153 3 1.96% 7 4.58% 42 27.45% Total 516000-NATIONAL CITY Polling Mail Ballots 876 2 387 8 2.07% 16 4_13% 175 45.22% 1023 I 303 9 2.97% 11 3.63% 137 45.21% 1023 I 268 6 2.24% 18 6.72/0 82 30.60% Total 516200-NATIONAL CITY Polling Mail Ballots 1023 2 571 15 2.63% 29 5 08% 219 38.35% 1344 1 284 13 4 58% 8 2.82% 90 31.69% 1344 1 368 19 5.16% 22 5.98% 86 2337% Total 516500-NATIONAL CITY Polling Mail Ballots 1344 2 652 32 491% 30 4.60% 176 26.99% 843 1 253 15 5.93% 11 435% 94 37.15% 843 I 249 13 522% 14 5.62% 75 30.12% Total 516700-NATIONAL CITY Polling Mail Ballots 843 2 502 28 5.58% 25 4.98% 169 33.67% 1322 1 335 23 6.87% 11 3.28% 152 4537% 1122 1 295 11 3.73% 19 6.44% 62 21.02% Total 516800-NATIONAL CITY Polling Mail Ballots 1322 2 630 34 5.40% 30 4.76% 214 33.97% 831 1 243 4 1_65% 11 4.53% 129 5109% 831 1 163 5 3.07% 7 4.29% 56 34.36% Total 517200-NATIONAL CITY Polling Mail Ballots 831 2 406 9 2221,ii 18 4.43% 185 45.57% 723 1 126 8 635% 1 0.79% 49 38.89% 723 I 247 16 6.48% 6 2.43% 52 21.05% Total 517400-NATIONAL CITY Polling Mail Ballots 723 2 373 24 6 43 % 7 1.88% 101 27.08% 918 1 233 10 429% 9 3.86% 67 28.76% 918 1 233 9 3.86% 13 5.58% 69 29.61 % Total 517500-NATIONAL CITY Polling Mail Ballots 918 2 466 19 4.08% 22 4.72% 134 29.18% 768 l 180 12 6.67% 7 3.89% 79 43.89% 768 1 160 6 3.75% 4 2.50% 53 33.13% Total 517600-NATIONAL CITY Polling Mail Ballots 768 2 340 18 5.29% II 324% 132 38.82% 999 I 266 11 4 14% 6 2.26% 94 35.34% 999 1 276 18 6.52% 9 3.26% 69 25.00% Total 517800-NATIONAL CITY Polling Mail Ballots 999 2 542 29 5.35% 15 2_77% 163 30.07% 1118 1 285 15 5.26% 14 4.91% 122 42.81"/ 1118 1 185 3 1.62% 10 5.41% 79 42.70% Total 518100-NATIONAL CITY Polling Mail Ballots 1118 2 470 18 3.83% 24 5.11% 201 42.77% 963 1 257 10 3 89% 22 8_56% 109 42.41% 963 1 280 29 10.36% 26 9.29% 62 22.14% Total 518310-NATIONAL CITY Polling Mail Ballots 963 2 537 39 7.26% 48 8.94% 171 31.84% 1268 1 358 I0 239% 9 2.51% 175 48.88% 1268 1 298 17 5.70% 12 4.03% 106 35.57% ota 26 2 656 27 4.12% 21 3.20% 281 4284% 6 COUNTY OF SAN DIEGO Date:11/30/10 GUBERNATORIAL GENERAL ELECTION TiPage:5 O:49 Page:of 15 Tuesday, November 2, 2010 Official Canvass Results (San Diego County Portion Only) CITY OF NATIONAL CITY Reg. Voters Vote For CITY OF NATIONAL CITY Total Votes DARRYL GORIIAM MAYOR R. MITCHEL BEAUCHAMP A. SOTELO-SOLIS 518600-NATIONAL CITY Polling 753 1 194 3 1.55% 11 5.67% 85 43.81% Mail Ballots 753 1 - 167 8 4.79% 3 1.80% 49 29.34% Total 753 2 361 I 3.05% 14 3.88% 134 37.12% 518800-NATIONAL CITY Polling 1044 I 234 15 6A1°% 11 4.70% 92 3932% Mail Ballots 1044 1 238 22 924% 17 7.14% 65 27.31% Total 1044 2 472 37 7.84% 28 5.93% 157 3326% 99956R-NATIONAL CLLY-VBM Polling Mail Ballots 34 34 I I 0 21 0 - 2 9.52% 0 - 5 23.81% 0 4 19.05% Total 34 2 21 2 9.52% 5 23.81% 4 19.05% 999578-NATIONAL CITY-VBM Polling 0 1 0 0 - 0 - 0 _ Mail Ballots 0 I 0 0 - 0 - 0 Total 0 2 0 0 - 0 - - 0 - 999579-NATIONAL CITY-VBM Polling 129 1 0 0 - 0 _ 0 - Mail Ballots 129 1 56 6 10.71% 1 1.79% 36 64.29% Total 129 2 56 6 10.71% 1 1.79°% 36 64.29% Total Polling 16755 20 4315 185 4.29% 162 3.75% 1867 4327% Mail Ballots 16755 20 3998 214 5.35% 212 5.30% 1152 28.81% Total 16755 40 8313 399 4.80% 374 4.50% 3019 36.32% "OUNTY-WIDE OFFICE COUNTY -WIDE OFFICES Polling 16755 20 4315 185 4.29% 162 3.75% 1867 43.27°% Mail Ballots 16755 20 3998 214 5.35% 212 5.30°% 1152 28.81°% Total 16755 40 8313 399 4.80% 374 4 50% 3019 36.32% Total Polling 16755 20 4315 185 4.29% 162 3.75% 1867 43.27% Mail Ballots 16755 20 3998 214 5.35% 212 5.30% 1152 28.81% Total 16755 40 8313 399 4.80% 374 4.50% 3019 3632% STATE BOARD OF EQUALIZATION 3RD BD OF EQUAL DIST Polling 16755 20 4315 185 4.29% 162 3.75% 1867 43.27% Mail Ballots 16755 20 3998 214 535% 212 5.30% 1152 28.81% Total 16755 40 8313 399 4.80% 374 4.50% 3019 36.32% Total Polling 16755 20 4315 185 4.29% 162 3.75% 1867 43.27% Mail Ballots 16755 20 3998 214 5.35% 212 5.30% 1152 28.81% Total 16755 40 8313 399 4.80% 374 4.50% 3019 36.32% STATE SENATORIAL DISTS 2001 40TH SENATORIAL DIST Polling 16755 20 4315 185 4.29% 162 3.75°% 1867 4327% Mail Ballots 16755 20 3998 214 5.35% 212 5.30% 1152 28.81% Total 16755 40 8313 399 480% 374 450% 3019 3632% Total Polling 16755 20 4315 185 4.29% 162 3.75% 1867 43.27% Mail Ballots 16755 20 3998 214 5.35% 212 530% 1152 28.81% Total 16755 40 8313 399 480% 374 4.50% 3019 36.32% STATE ASSEMBLY DISTS 2001 79TH ASSEMBLY DIST Polling 16755 20 4315 185 4.29% 162 3.75% 1867 43.27% Mail Ballots 16755 20 3998 214 5.35% 212 5.30%% 1152 28-81% ota Total 40 8313 399 4.80% 374 4.50% 3019 3632% 9 COUNTY OF SAN DIEGO Date:11/30/10 mGUBERNATORIAL GENERAL ELECTION TiPage:600A9 age:6 of 15 Tuesday, November 2, 2010 Official Canvass Results (San Diego County Portion Only) CITY OF NATIONAL CITY Reg, Voters Vote For CITY OF Total Votes NATIONAL CITY DARRYL GORHAM MAYOR R. MITCHEL BEAUCHAMP A. SOTELO-SOUS Polling Mail Ballots 16755 20 4315 185 4 29% 162 3.75% 1867 4327% 16755 20 3998 214 5.35% 212 5.30% 1152 28.81% Total SUPERVISORIAL DISTRICTS 2001 1ST SUPERVISORIAL DIST Polling Mail Ballots 16755 40 8313 399 4.80% 374 4.50% 3019 36.32% 16755 20 4315 185 4.29% 162 3 75% 1867 43 27% 16755 20 3998 214 535% 212 5.30% 1152 28.81% Total Total Polling Mail Ballots 16755 40 8313 399 4.80% 374 4.50% 3019 36.32% 16755 . 20 4315 185 4.29% 162 375% 1867 43.27% 16755 20 3998 214 5.35% 212 530% 1152 28.81% Total INCORP CITY COUNCIL DIST'S 2001 No Matching District Polling Mail Ballots 16755 40 8313 399 4.80% 374 4.50°A 3019 36.32% 16755 20 4315 185 4.29% 162 375% 1867 43.27% 16755 20 3998 214 535% 212 5.30% 1152 28.81% Total Total Polling Mail Ballots 16755 40 8313 399 4.80°0 374 4.50% 3019 36.32% 16755 20 4315 185 4.29% 162 3.75% 1867 43.27% 16755 20 3998 214 5.35% 212 5.30% 1152 28.81% Total 16755 40 8313 399 4.80% 374 4.50% 3019 36.32% COUNTY OF SAN DIEGO Date:11/30/10 GUBERNATORIAL GENERAL ELECTION Time:18:00:49 Page:7 of 15 Tuesday, November 2, 2010 Official Canvass Results (San Diego County Portion Only) CITY OF NATIONAL CITY CITY OF NATIONAL CITY MAYOR RON MORRISON Jurisdiction Wide 515600-NATIONAL CITY Polling Mail Ballots Total 515800-NATIONAL CITY Polling Mail Ballots Total 515900-NATIONAL CITY Polling Mail Ballots 93 41.15% 56 50.91% 149 44.35% 142 46.71% 139 60.17% 281 52.52% 84 35.90% 101 66-01 % Total 516000-NATIONAL CITY Polling Mail Ballots 185 47.80% 146 48.18% 162 60.45% Total 516200-NATIONAL CITY Polling Mail Ballots 308 53.94% 171 60.21% 240 6522°/ Total 516500-NATIONAL CITY Polling Mail Ballots Total 516700-NATIONAL CITY Polling Mail Ballots 411 63.04% 132 52.17% 146 58-63% 278 5538% 148 44.18% 202 68.47% Total 516800-NATIONAL. CITY Polling Mail Ballots 350 55.56% 98 40 33% 95 582.8% Total 517200-NATIONAL CITY Polling Mail Ballots Total 517400-NATIONAL CITY Polling Mail Ballots 193 4Z54% 68 53.97% 173 70.04% 241 64.61% 146 62.66% 142 60.94% Total 517500-NATIONAL CITY Polling Mail Ballots 288 61.80% 79 43.89% 97 60.63% Total 517600-NATIONAL CITY Polling Mail Ballots 176 51.76% 153 57.52% 180 65 22% Total 517800-NATIONAL CITY Polling Mail Ballots 333 61.44% 134 47.02% 93 50.27% Total 518100-NATIONAL CITY Polling Mail Ballots 227 4830% 116 45.14° 163 58.21% Total 518310-NATIONAL CITY Polling Mail Ballots Total 279 51.96% 164 45.81% 163 54.70% 327 49.85% COUNTY OF SAN DIEGO Date:11/30/10 GUBERNATORIAL GENERAL ELECTION Time:18:00:49 Page:8 of IS Tuesday, November 2, 2010 Official Canvass Results (San Diego County Portion Only) CITY OF NATIONAL CITY CITY OF NATIONAL CITY MAYOR RON MORRISON 518600-NATIONAL CITY Polling Mail Ballots Total 518800-NATIONAL CITY Polling Mail Ballots Total 999568-NATIONAL CITY-VBM Polling Mail Ballots Total 999578-NATIONAL CITY-VBM Polling Mail Ballots 95 48.97% 107 64.07% 202 55 96% 116 49.57% 134 56.30% 250 5297% 0 - 10 47.62% 10 47.62% 0 0 Total 999579-NATIONAL CITY- V B M Polling Mail Ballots 0 0 13 23.21% Total Total Polling Mail Ballots Total COUNTY -WIDE OFFICE COUNTY -WIDE OFFICES Polling Mail Ballots Total Total Polling Mail Ballots Total STATE BOARD OF EQUALIZATION 3RD BD OF EQUAL DIST Polling Mail Ballots Total Total Polling Mail Ballots Total STATE SENATORIAL. DIST'S 2001 40TH SENATORIAL DIST Polling Mail Ballots Total Total Polling Mail Ballots Total STATE ASSEMBLY DIST'S 2001 79TTi ASSEMBLY DIST Polling Mail Ballots Total Total 13 23.21% 2085 48.32% 2416 60.43% 4501 54.14% 2085 48.32% 2416 60_43% 4501 54.14% 2085 48.32% 2416 60.43% 4501 54.14% 2085 4832% 2416 6043% 4501 54_ 14% 2085 48.32% 2416 60.43% 4501 54.14% 2085 48.32% 2416 60.43% 4501 54.14% 2085 48.32% 2416 60.43% 4501 54.14% 2085 48.32% 2416 6043% 4501 54.14% \0 COUNTY OF SAN DIEGO Date:11/30/10 9 GUBERNATORIAL GENERAL ELECTION TiPage:9 f 15 Page:9 of IS Tuesday, November 2, 2010 Official Canvass Results (San Diego County Portion Only) CITY OF NATIONAL CITY CITY OF NATIONAL CITY MAYOR RON MORRISON Polling Mail Ballots Total SUPER V ISORIAL DISTRICTS 2001 1ST SUPERVISORIAL DIST Polling Mail Ballots Total Total Polling Mail Ballots Total INCORP CITY COUNCIL DIST'S 2001 No Matching District Polling Mail Ballots Total Total Polling Mail Ballots Total 2085 48.32% 2416 60.43% 4501 54.14% 2085 48.32% 2416 60.43% 4501 54.14% 2085 48.32% 2416 60.43% 4501 54.14% 2085 48.32% 2416 60_43% 4501 54.14% 2085 48.32% 2416 60.43% 4501 54.14% 11 COUNTY OF SAN DIEGO Date:11/30/10 49 GUBERNATORIAL GENERAL ELECTION Page: 8:o f 15 Page:10 of IS Tuesday, November 2, 2010 Official Canvass Results (San Diego County Portion Only) CITY OF NATIONAL CITY Reg. Voters CITY OF NATIONAL CITY Vote For Total Votes Jurisdiction Wide 515600-NATIONAL CITY Polling Mail Ballots Total 515800-NATIONAL CITY Polling Mail Ballots Total 515900-NATIONAL CITY Polling Mail Ballots Total 516000-NATIONAL CITY Polling Mail Ballots Total 516200-NATIONAL CITY Polling Mail Ballots Total 516500-NATIONAL CITY Polling Mail Ballots Total 516700-NATIONAL CITY Polling Mail Ballots Total 516800-NATIONAL CITY Polling Mail Ballots Total 517200-NATIONAL CITY Polling Mail Ballots Total 517400-NATIONAL CITY Polling Mail Ballots Total 517500-NATIONAL CITY Polling Mail Ballots dotal 517600-NATIONAL CITY Polling Mail Ballots Total • 517800-NATIONAL crry Polling Mail Ballots Total 518100-NATIONAL CITY Polling Mail Ballots Total 518310-NATIONAL CITY Polling Mail Ballots Total CITY COUNCIL DITAS YAMANF FRANK LOPEZ 636 2 302 45 14.90% 71 23.51% 636 2 144 25 17.36% 40 27.78% 636 4 446 70 15.70% 1I1 24.89% 1163 2 410 62 15.12% 107 2610% 1163 2 340 73 21.47% 84 24.71% 1163 4 750 135 18.00% 191 25.47% 876 2 294 32 10.88% 70 23.81% 876 2 207 52 25.12% 46 22.22% 876 4 501 84 16.77% 116 23.15% 1023 2 365 75 2055% 93 25.48% 1023 2 401 98 24.44% 96 23.94% 1023 4 766 173 2258% 189 24.67% 1344 2 396 102 25.76% 69 17.42% 1344 2 544 174 31.99% 110 2022% 1344 4 940 276 29.36% 179 19_04% 843 2 343 70 20.41% 65 18.95% 843 2 375 100 26.67% 77 20.53% 843 4 718 170 23.68% 142 19.78% 1322 2 447 83 18.57% 96 2148% 1322 2 438 128 29.22% 97 22.15% 1322 4 885 211 23.84% 193 21.81 % 831 2 334 75 22.46% 83 24.85% 831 2 240 49 20.42.% 60 25.00% 831 4 574 124 21.60% 143 24.91% 723 2 161 50 31.06% 24 14.91% 723 2 343 135 39.36% 82 23.91"/ 723 4 504 185 36.71% 106 21.03% 918 2 308 65 21.10% 62 20.13% 918 2 340 78 22.94% 73 2147% 918 4 648 143 22.07% 135 20.83% 768 2 225 33 14.67% 50 22.22% 768 2 235 53 22.55% 49 20.85% 768 4 460 86 1870% 99 21.52% 999 2 364 78 21.43% 84 2308% 999 2 409 128 31.30% 86 2 L03% 999 4 773 206 26 65% 170 21.99% 1118 2 363 53 14.60% 82 2259% 1118 2 249 35 14.06% 67 26.91% 1118 4 612 88 1438% 149 24.35% 963 2 355 57 16.06% 75 21.13°/ 963 2 393 88 2239% 102 25.95% 963 4 748 145 19.39% 177 23.66% 1268 2 475 68 14.32% 118 24.84% 1268 2 435 91 20.92% 100 2299% 1268 4 910 159 17.47% 218 23.96% COUNTY OF SAN DIEGO Date:11/30/10 44 GUBERNATORIAL GENERAL ELECTION Page: 8: of 15 Pagel 1 of 15 Tuesday, November 2, 2010 Official Canvass Results (San Diego County Portion Only) CITY OF NATIONAL CITY Reg. Voters CITY OF NATIONAL CITY CITY COUNCIL Vote For Total Votes DITAS YAMANE FRANK LOPEZ 518600-NATIONAL CITY Polling Mail Ballots Total 518800-NATIONAL CITY Polling Mail Ballots Total 999568-NATIONAL CITY-VBM Polling Mail Ballots Total 999578-NATIONAL CITY-VBM Polling Mail Ballots Total 999579-NATIONAL CITY-VBM Polling Mail Ballots Total Total Polling Mail Ballots Total TOUNI"Y-WIDE OFFICE COUNTY -WIDE OFFICES Polling Mail Ballots Total Total Polling Mail Ballots Total STATE BOARD OF EQUALIZATION 3RD BD OF EQUAL DIST Polling Mail Ballots Total Total Polling Mail Ballots Total STATE SENATORIAL DISTS 2001 40TH SENATORIAL DIST Polling Mail Ballots Total Total Polling Mail Ballots Total STATE ASSEMBLY DIST'S 2001 79TH ASSEMBLY DIST Polling Mail Ballots Total Total 753 2 264 753 2 232 753 4 496 26 9.85% 41 17.67°0 67 13.51% 63 23.86% 42 18_10% 105 21.17% 1044 2 292 78 26_71% 65 2226% 1044 2 303 73 24.09% 71 23 43% 1044 4 595 151 25.38% 136 22.86% 34 2 0 0 - 0 - 34 2 32 16 50.00% 6 18-75% 34 4 32 16 50.00% 6 1875% 0 2 0 0 0 0 2 0 0 - 0 - 0 4 0 0 - 0 129 2 0 0 - 0 - 129 2 81 5 6.17% 26 32.10% 129 4 81 5 6.17% 26 32.10% 16755 40 5698 1052 1846% 1277 22A1% 16755 4(1 5741 1442 25.12% 1314 22.89% 16755 80 11439 2494 21.80% 2591 22.65% 16755 40 5698 1052 18.46% 1277 22.41% 16755 40 5741 1442 25.12% 1314 22.89% 16755 80 11439 2494 21.80% 2591 22.65% 16755 40 5698 1052 18_46% 1277 22.41% 16755 40 5741 1442 25.12% 1314 22.89% 16755 80 11439 2494 21.80% 2591 22.65% 16755 40 5698 1052 1846% 1277 22.41% 16755 40 5741 1442 25_12% 1314 22.89% 16755 80 11439 2494 2L80% 2591 22.65% 16755 40 5698 1052 18.46% 1277 2241 % 16755 40 5741 1442 25.12% 1314 22.89% 16755 80 11439 2494 21.80% 2591 22 65% 16755 40 5698 1052 18.46% 1277 22.41% 16755 40 5741 1442 25.12% 1314 22.89% 16755 80 11439 2494 21.80% 2591 22.65% 16755 40 5698 1052 18.46% 1277 22.41% 16755 40 5741 1442 25.12% 1314 22.89% 16755 80 11439 2494 21.80% 2591 22.65% 16755 40 5698 1052 I8.46% 1277 22.41% 16755 40 5741 1442 25.12% 1314 22.89% 16755 80 11439 2494 2L80% 2591 22.65% �3 COUNTY OF SAN DIEGO Date:I1/30/10 TGUBERNATORIAL GENERAL ELECTION Page: 8 of 15 Page:l2 of IS Tuesday, November 2, 2010 Official Canvass Results (San Diego County Portion Only) CITY OF NATIONAL CITY Reg. Voters CITY OF NATIONAL CITY Vote For Polling Mail Ballots Total SUPERVISORIAL DISTRICTS 200] 1ST SUPER V I SORIAL DIST Polling Mail Ballots Total Total Polling Mail Ballots Total INCORP CITY COUNCIL DIST'S 2001 No Matching District Polling Mail Ballots Total Total Polling Mail Ballots Total Total Votes CITY COUNCIL DITAS YAMANE FRANK LOPEZ 16755 40 5698 1052 1846% 1277 2241% 16755 40 5741 1442 25.12% 1314 22.89% 16755 80 11439 2494 21 80% 2591 22.65% 16755 40 5698 1052 I846% 1277 22.41% 16755 40 5741 1442 25.12% 1314 22.89% 16755 80 11439 2494 21.80% 2591 22_65% 16755 40 5698 1052 18 46% 1277 22.41% 16755 40 5741 1442 25.12% 1314 22.89% 16755 80 11439 2494 21.80% 2591 22 65% 16755 40 5698 1052 18.46% 1277 2241% 16755 40 5741 1442 25.12% 1314 22.89% 16755 80 11439 2494 21.80% 2591 22.65% 16755 40 5698 1052 18.46% 1277 22.41% 16755 40 5741 1442 25.12% 1314 22.89% 16755 80 11439 2494 21.80% 2591 22.65% COUNTY OF SAN DIEGO Date:11!30/10 GUBERNATORIAL GENERAL ELECTION Page: 8 of 15 Page:13 of I5 Tuesday, November 2, 2010 Official Canvass Results (San Diego County Portion Only) CITY OF NATIONAL CITY CITY OF NATIONAL CITY COUNCIL. LUIS NATI V IDAD CITY MONA ALVARADO-RIOS Junsdictinn Wide 515600-NATIONAL CITY Polling Mail Ballots Total 515800-NATIONAL CITY Polling Mail Ballots Total 515900-NATIONAL CITY Polling Mail Ballots Total 516000-NATIONAL CITY Polling Mail Ballots 84 27.81% 99 3278% 43 29.86% 36 253W% 127 28.48% 135 30.27% 99 24.15% 80 23.53% 141 34.39% 99 29.12% 179 23.87% 240 32.00°/ 98 33.33% 40 19.32% 138 27.54% 100 27 40% 112 27.93% 92 31.29% 69 33.33% 161 32.14% 96 26.30% 93 23.19% Total 516200-NATIONAL CITY Polling Mail Ballots Total 516500-NATIONAL CITY Polling Mail Ballots Total 516700-NATIONAL CITY Polling Mail Ballots 212 27.68% 189 24.67% 112 28.28% 112 28.28% 131 24.08% 129 23.71% 243 25-85% 241 25.64 % 97 28.28% 110 32.07% 84 22.40% 112 29.87% 181 2521% 222 30.92% 135 30.20% 132 29.53 98 22.37% 113 25.80°/ Total 516800-NATIONAL CITY Polling Mail Ballots Total 517200-NATIONAL CITY Polling Mail Ballots Total 517400-NATIONAL CITY Polling Mail Ballots Total 517500-NATIONAL CITY Polling Mail Ballots 233 26.33% 245 27.68% R8 26.35% 69 28.75% 157 27.35% 87 26.05% 61 25.42% 148 25.78% 44 27.33% 43 26.71% 67 19.53% 59 17.20% 111 22_02% 102 20.24% 85 27.60% 91 26.76% l76 27.16% 95 30.84% 97 2853% 192 29.63% 68 30.22% 73 32.44% 75 31 91% 58 24.68% Total 517600-NATIONAL CITY Polling Mail Ballots Total 517800-NATIONAL CITY Polling Mail Ballots 143 31.09% 131 28 48% 98 26.92% 104 28.57% 94 22.98% 101 24.69"/ 192 24.84% 205 26.52% 121 33.33% 75 30.12% 106 2920% 71 28.51% Total 518100-NATIONAL CITY Polling Mail Ballots Total 518310-NATIONAL CITY Polling Mail Ballots Total 196 32 03% 110 30.99% 82 20.87%° 192 25.67% 140 29.47% 132 30.34% 272 29.89"/" 177 28.92% 113 31.83% 117 29_77% 230 30.75% 148 31.16% 112 25.75% 260 28.57°/< '5 COUNTY OF SAN DIEGO Date:11/30/10 GUBERNATORIAL GENERAL ELECTION Pa e:l8 00:agea15 4 of 15 Tuesday, November 2, 2010 Official Canvass Results (San Diego County Portion Only) CITY OF NATIONAL CITY CITY OF NATIONAL CITY COUNCIL I.UIS NATIVIDAD CITY MONA ALVARADO-RIOS 518600-NATIONAL CITY Polling Mail Ballots Total 518800-NATIONAL CITY Polling Mail Ballots Total 999568-NATIONAI. CITY-VBM Polling Mail Ballots 86 32.58% 88 3333% R3 3578% 65 28.02°/ 169 34.07% 153 30.85% 70 23.97% 78 26.71% 69 22.77% 90 29,70% 139 2336% 168 28.24°i 0 0 - 7 21.88% 3 9.38 'Total 999578-NATIONAL CITY-VBM Polling Mail Ballots 7 21.88% 3 9.38% 0 - 0 0 - 0 Total 999579-NATIONAL CITY-VBM Polling Mail Ballots 0 - 0 24 29.63% 26 32.10°/ Total Total Polling Mail Ballots Total COUNTY -WIDE OFFICE COUNTY -WIDE OFFICES Polling Mail Ballots 24 29.63% 26 32.10% 1635 28.69% 1717 30.13/ 1456 25.36"/ 1511 26.32% 3091 27.02% 3228 28.22% 1635 28_69"/ 1717 30.13% 1456 25.36% 1511 26.329% Total Total Polling Mail Ballots 3091 27.02% 3228 28.22% 1635 28.69% 1717 30.13% 1456 25.36% 1511 26.32% Total STATE BOARD OF EQUALIZATION 3RD BD OF EQUAL DIST Polling Mail Ballots 3091 27.02% 3228 28.22% 1635 28.69% 1717 30.13% 1456 25.36% 1511 26.32°/ Total Total Polling Mail Ballots 3091 27.02% 3228 2822°/ 1635 28.69% 1717 30.139% 1456 25.36% 1511 26.32% Total STATE SENATORIAL DIST'S 2001 40T11 SENATORIAL DIST Polling Mail Ballots 3091 27.02% 3228 2822°/ 1635 28.69% 1717 30.13°' 1456 25.36 % 1511 26.32°/ Total Total Polling Mail Ballots Total STATE ASSEMBLY DIST'S 2001 79TH ASSEMBLY DIST Polling Mail Ballots Total Total 3091 27.02% 3228 28.22% 1635 28.69% 1717 30.13°/ 1456 2536% 1511 26.32% 3091 27.02% 3228 28.22% 1635 28.69% 1717 30.13°/ 1456 25.36% 1511 26.32/ 3091 27.02% 3228 28.22% "6 COUNTY OF SAN DIEGO Date:11130/10 GUBERNATORIAL GENERAL ELECTION Page: 8 of 15 Yage:15 of I5 Tuesday, November 2, 2010 Official Canvass Results (San Diego County Portion Only) CITY OF NATIONAL CITY CITY OF NATIONAL CITY CITY COUNCIL LIIIS NATMDAD MONA ALVARADO-RIOS Polling Mail Ballots Total SU PER V ISORIAL DISTRICTS 2001 1ST SUPERVISORIAL DIST Polling Mail Ballots Total Total Polling Mail Ballots Total INCORP CITY COUNCIL DIST'S 2001 No Matching District Polling Mail Ballots Total Total Polling Mail Ballots Total 1635 28.69% 1456 25.36% 3091 27.02% 1635 28.69% 1456 25.36% 3091 27.02% 1635 28.69% 1456 25.36% 3091 27.02% 1635 28.69% 1456 25.36% 3091 27.02% 1635 28-69% 1456 25.36% 3091 27.02% 1717 30.13%0 1511 26.32% 3228 28.22"/ 1717 30.13% 1511 26.32% 3228 28.22% 1717 30.13% 1511 2632% 3228 28.22% 1717 3013% 1511 26.32% 3228 28.22% 1717 30.13"/ 1511 26.32% 3228 28.22% GI 1 Y OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 7, 2010 AGENDA ITEM NO. 7 "'EM TITLE: Selection of Vice -Mayor PREPARED BY: Claudia G. Silva DEPARTMENT: City Attorney PHONE: Ext. 4222 APPROVED BY: EXPLANATION: Appearing on the City Council agenda for the meeting of December 7, 2010, is a resolution declaring the results of the General Municipal Election held on November 2, 2010. In a general law city such as National City, the California Government Code, at Section 36801, provides that at the meeting at which the declaration of results for a general municipal election is made, the city council shall, following the declaration of the election results and installation of elected officials, choose one of its members as mayor pro tempore (referred to in National City as the vice - mayor). Government Code Section 36802 provides that the mayor shall preside at the meetings of the council; that if the Mayor is absent or unable to act, the mayor pro tempore shall serve until the mayor returns or is able to act; and that the mayor pro tempore has all of the powers and duties of the mayor. In addition to these Government Code sections, Policy No. 602 of the City Council Policy Manual sets forth certain duties of the vice -mayor pertaining to the City Council clerical staff. A copy of Policy No. 602 is attached. The selection of the vice -mayor may be accomplished by approval of a motion. ANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Select Vice -Mayor BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: City Council Policy No. 602 CITY COUNCIL POLICY TITLE: CITY COUNCIL CLERICAL STAFF AND POLICY EXECUTIVE ASSISTANT TO THE MAYOR NUMBER: 602 ADOPTED: August 20, 1985 AMENDED OR January 21, 1986 REVISED: December 16, 2008 Purpose To establish guidelines for the evaluation or replacement of the City Council Clerical Staff and Executive Assistant to the Mayor. Policy It shall be the responsibility of the Vice Mayor to confer with the Mayor to coordinate the joint performance evaluations or replacement of the City Council Clerical Staff and Executive Assistant to the Mayor. The Vice Mayor shall confer with the Mayor to jointly make recommendations on performance, pay increases, and the need for temporary assistance in case of absences. The Vice Mayor will also be responsible to confer with the Mayor for the jointannual review and evaluation of the performance of the City Council Clerical Staff and Executive Assistant to the Mayor. Related Policy Procedures None. ITEM #8 12/7/10 ,>+ CALIFORNIA - - ATiO�) L Cfrif 0111a�NC�J�J r1 Ev'�:=-.� . " WHEREAS,, Each year, approximately. S4.5 minion ptastic-carryoutt; used in National City; and WHEREAS, in the United States, less thani5 percent` of plasff recycled; an¢ r WHEREAS; the indiscriminate Iitteeu p oblein. Plastic logs litte•r',. the•marine envirori nent;-and ; = , WHEREAS, marine animals, and, ingestion of ad entanglement In WHEREAS, eac ear, the Spa a Pfidho -to citizens of Natt ma, onnbnte toxvards CALIFORNIA+ ITE4 #9 12/7/10 N ONIALOrr IlJ(J� INCORPORATED MEMORANDUM November 18, 2010 TO Chris Zapata, ity Manager FROM Stacey St - uman Resources Director SUBJECT EMPLO THE MONTH PROGRAM The Employee of the Month Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized in December 2010 is Arturo Sepulveda — Executive Chef, Nutrition Center. By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, December 7th, 2010 to be recognized for his achievement and service. Attachment cc: Arturo Sepulveda Brenda Hodges — Community Services Director Ingrid Slettengren — Nutrition Program Manager Josie Flores -Clark — Executive Assistant Dionisia Trejo — Mayor/Council Office Human Resources — Office File SS:Igr Performance Recognition Program (2) Human Resources Department 140 E. 12th Street, Suite A, National City, CA 91950-3312 619/336-4300 Fax 619/336-4303 www.nationalcityca.gov City of National City Performance Recognition Award /n��� ..JJ,..�' .'.' Nomination�wForm I nominate a&Vhti o dt, velol�l StAt. for the Performance Recognition Award for the following reasons: oitEntk ? i\' RF_SOUit: E 17Y `Alt f,i9N+ Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc). Do not to exceed 150 total words. Please be as specific as possible when giving your examples. FORWARD COMPLETED NOMINATION TO: National City Performance Recognition Program Human Resources Department Nominated by:WVk. tAJJ 1/L9...o Signature: Date: il.1SI M EMPLOYEE OF THE MONTH RECOMMENDATION DECEMBER 2010 Arturo Sepulveda, Executive Chef Arturo has been with the George II. Waters Nutrition Program as Exec. Chef since February 1993. As Exec Chef, Arturo is responsible for developing recipes, menus and portion sizes to maintain compliance with State Nutritional Guidelines. He oversees the preparation of meals, monitors safety and sanitation requirements in the kitchen, and supervises the kitchen staff. He has a passion for creating outstanding menus for the elderly population that he serves and takes great pride in his work. Arturo is creative and always makes sure his meals not only taste good but look very appealing as well. The County's Aging & Independent Services Division did a survey at one point, and out of 26 nutrition programs in the County, the GW Nutrition Center was voted #1 for "outstanding and delicious food". Arturo has also been recognized several times by City and County officials for the catering he has done for them. He was formally recognized by U.S. Congressman Bob Filner as "Outstanding Citizen" for his dedicated service to the seniors of this community. He works hard to maintain budget controls, and has saved a considerable amount of money by researching new products, negotiating food prices, and exploring options. He has also helped streamline the operation by cross training all employees to do every task in the kitchen. On a more personal note, Arturo is fun to work, treats everyone with respect. He's very kind and caring towards the seniors and staff and has a great sense of humor! It is my honor to recommend Arturo Sepulveda as the Employee of the Month. ITEM #10 1217110 NATIONAL CITY PORT COMMISSIONER'S REPORT ROBERT "DUKIE" VALDERRAMA 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. Della, City Clerk Subject: Ordinance Introduction and Adoption ITEM #11 12/7/10 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 L11 T %J IVAI IIJIYAL LI I T, tlALII-litINIA COUNCIL AGENDA STATEMENT MEETING DATE: December 7, 2010 AGENDA ITEM NO. 12 ITEM TITLE: solution of the City of National City Council appropriating1846,200 for the property acquisitions for the Plaza Boulevard Widening project (Funded by Regional Surface Transportation Program (RSTP)) PREPARED BY: Din Daneshfar PHONE: 619-336-4387 EXPLANATION: DEPARTMENT: Develo en rvices/Eng. APPROVED BY:. . On April 7, 2009 the City Council approved the Resolution No. 2009-66 to support the City's offers to the property owners to acquire right of way and obtain construction easements needed to accommodate the Plaza Boulevard Widening improvements between Highland Avenue and Euclid Avenue. With this resolution we are requesting the Council to authorize the appropriation of the funds. The purpose of this resolution is to appropriate $846,200 for purchasing right of way and construction easements along Plaza Boulevard for the street widening improvements. The expenses will be reimbursed by Regional Surface Transportation Program. No General Funds will be used. rrr.ANCIAL STATEMENT: APPROVED.Finance ACCOUNT NO. APPROVED: MIS Funds will be available through RSTP funds Account Number 312-409-500-598-6569 in the amount of $846,200_ ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Resolution 2. Copy of A-200 dated April 7, 2009 with Resolution Number 2009-66 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION OF $846,200 IN REGIONAL SURFACE TRANSPORTATION PROGRAM FUNDS FOR THE PROPERTY ACQUISITIONS FOR THE PLAZA BOULEVARD WIDENING PROJECT WHEREAS, on April 7, 2009, the City Council adopted Resolution No. 2009-66 approving the purchase of right-of-way and temporary construction easements in the amount of $846,200 for the Plaza Boulevard Widening Project using funds available through the Surface Transportation Program; and WHEREAS, an appropriation from Surface Transportation Program funds in the amount of $846,200 is requested for the purchase of right-of-way and temporary construction easements for the Plaza Boulevard Widening Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an appropriation in the amount of $846,200 from Surface Transportation Program funds for the purchase of right-of-way and temporary construction easements for the Plaza Boulevard Widening Project. PASSED and ADOPTED this 7th day of December, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney City of National City, California COUNCIL AGENDA STATEMENT EETING DATE April 7, 2009 AGENDA ITEM NO. 9 \, ITEM TITLE Resolution of the City Council of National City approving the City's offers to properly owners for Right of Way (ROW) acquisition and obtaining construction easements with total cost al $846,200, and authorizing the City Manager to execute ROW documents for accommodating the proposed Plaza Boulevard widening improvements from Highland Avenue to Ludid Avenue (Funding through Federal STP, Local TransNet and Capital Outlay Funds) PREPARED BY EXPLANATION Din Daneshfar DEPARTMENT Engineering See attached explanation EXT. 4387 Environmental Review X N/A MIS Approval Financial Statement Approved By: Fi nce Decto are available through STP funds Account No_312-409-500-598-6569, TransNet funds rAccount No. 307-409- 500-598-6569 and Local Capital Outlay funds Account No. 103-409-500-598 6569. Account No_ STAFF RECOMMENDATION Adopt the Resoluji6n Et ./ BOARD / COMMISSION RECOMM ATION NIA ATTACHMENTS (Listed Below) Resolution No. 24°W-46 1_ Resolution 2. Exhibit "A" 3_ Aerial views and plats for fifteen properties A 200 (Rev. 7/03) 1 RESOLUTION NO. 2009 (a 6' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE EXPENDITURE OF $846,200 FOR THE ACQUISITION OF RIGHT-OF-WAY AND I EMPORARY CONSTRUCTION EASEMENTS FROM 38 PROPERTY OWNERS FOR THE PLAZA BOULEVARD WIDENING PROJECT WHEREAS, the Plaza Boulevard Widening Project (the `Project) involves the widening of approximately 1.1 miles of Plaza Boulevard between Highland Avenue and Euclid Avenue; and WHEREAS, the Project requires the acquisition of narrow strips of 38 properties for right -of way and temporary construction easements; and WHEREAS, the City has obtained appraisals for the strips of land to he acquired, as well as for the temporary construction easements that will be used to construct the improvements in the expanded right-of-way; and WHEREAS, the total appraised value for all right-of-way and temporary construction easements to be acquired is $846,200. and WHEREAS, funding for the Project is available through the Surface Transportation Program, Transnet, and Local Capital Outlay funds. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of National City that the Council hereby approves the purchase of right-of-way and temporary construction easements in the amount of $846,200 for the Plaza Boulevard Widening Project. BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to execute contracts in an amount not to exceed $25,000 tor the purchase of the necessary right- of-way and construction easements. PASSED and ADOPTED this 7th day of April, 2009. Ron Morrison, Mayor ATTEST_ Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H Eiser, III City Attorney u 2/26/09 PLAZA BLVD - Parcels G ater than $25,0•0u APN # OWNER TENANTS SITE ADDRESS PERM ACQ SIZE TCE SIZE 556-590-51 South Bay Plaza, LLC 3978 Sorrento Valley Blvd #100, San Diego, CA 92121 Papa Johns Pizza, Washington Mutual 1130 E, Plaza Blvd National City 1,105 2,380 556-590-56 The Browning Trust UTD 10/21/98, 1561 Eucalyptus Hills Dr, Lakeside, CA 92040 The BBQ Pit 920 E. Plaza Blvd National City 442 1,437 556-590-61 South Bay Space LLC, 1925 Century Park E#2100 Los Angeles Ca 90067 Indoor Bazaar 1019-1045 Highland Ave #45 National City 697 1 4,498 557-250-12 Natcit Holdings Inc. 2929 Caminito Bello, La Jolla, CA 92037 Western Dental 1539 E. Plaza Blvd National City 526 3,116 557-250-43 Plaza Square, LTD 1401 E. Plaza Blvd, National City, CA 91950 Jollibee, Wings 'n Things 1401 E. Plaza Blvd National City 63 5,439 557-330-08 M L Properties, LLC P.O. BOX 2207, Rancho Santa Fe, CA 92067 Bay Vista College of Beauty 1520 E. Plaza Blvd National City 1252 2,670 557-330-09 B P West Coast Products, LLC P.O. BOX 5015, Buena Park, CA 90622 Arco 1540 E. Plaza Blvd National City 967 1,607 557-410-15 Orkin Inc., 13116 Imperial Hwy, Santa Fe Springs, CA 90670 Thrifty Gas Station 1606 E. Plaza Blvd National City 1,428 3,750 557-410-17 Bruce M. Boogaard & Cynthia K. Boogaard 466 3rd Ave #A, Chula Vista, CA 91910 Casa Toledo Apt. Complex 1735 E. Plaza Blvd National City 338 5,363 557-410-19 Nagraj Inc. 1700 E. Plaza Blvd., National City, CA 91950 Stardust Motel 1700 E. Plaza Blvd National City 625 1,686 557-420-30 Todd Al-Bavati & Samiya Abdul Sattar Kaddory 1917 Corona Vis, El Cajon, CA 92019 Vacant Lot NKA Plaza Blvd National City 34 26,954 557-420-31 Morgan Family Trust 09-06-85 and Robert Lee Morgan 1223 J Ave,, National City, CA 91950 Family House of Pancakes 1900 E. Plaza Blvd National City 1,710 6,385 557-420-33 Shriners Hospitals for Children, 5440 Morehouse Dr. San Diego, CA 92121 Maharlika Cafe 1819 E. Plaza Blvd National City 438 2,089 557-420-35 557-420-36 Olson -National City 28 LLC, 3020 Old Ranch Pkwy #400, Seal Beach, CA 90740 New Condo Project 1858-1884 E. 12th St National City 690 2,698 558-091-26 Stephen C Kerch Revocable Trust UTD 3/14/02 & Kathryn Smith Trust UTD 8/18/93, P.O. Box 99088, San Diego, CA 92169 Vacant Lot NKA Plaza Blvd National City 2,264 2,653 TOTAL 12,579 72,725 FXHIBIT " 17-41 4`2_ CP9 " PM 1'3050 PA ) r r,. LEGEND REMSCD 1Y: DRAV.N BY: KA PERMANENT AC(TI11SI NON AREA = 0.025 ACRES TEMPORARY CONS 'RUCTION EASEMENT (TUT AREA = 0.055 ACRES DALE C1iWCKCD BY: MA APPROVED RY. DAD : 2 18-09 DAIF_ 2-18-09 DATE NATIONAL CITY SHEET 1 Of 2 SHEETS NO SCALE PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 556-590-51 SO 11111 HAY PLAZA LLC DOC-NO DWC,. ND. 7 TABtRATED CURVE DATA CURVE DF1TA RADIUS LENGTH CI 7'53' 57 956.50' 131.87' C2 10'01'39- 672.00' 117_61' C3 J'59'04" 946.50' 131-90' rn. PM PAR. 9 E Slg61AL9 g635 /� C3 oI �t -LJ43 �.t Vt 24a�y Z 5 .111r2y\ > 8 W s! POtf UNE EASEMENT RLC. 1)- A e 1 L ' ' 10/20/54 IN BK. 5136 PG_ 141 & 143 0R 12079 PM 13960 , P n. '7 �7 rAn. 556-590- 51 PAFH, 556-590-58 vl T' $, �_ S J, �- PERM_ ACQ. - AND TCE -1 In PM NOW: A flLiWKF T EASEMENT FOR DRAINAGE PER PM 120/9 COVERS ENTIRE PROPERTY_ LEGEND 12079 PERMANENT ACQUISIT10N AREA = 0-025 ACRES TEMPORARY CONST1iUC 00N FASFMEN I (TEE} AREA = 0.055 ACRES TRUE POINT OF BEGINNING P-O$ POINT OF BEGINNING d CONTROL POINT PER ROS 17515 STIFF T 2 OF 2 SNEFTS RLb1SED BY: DATE: DRAWN BY: KA CHECKED BY MA DATE_ 2-18-09 OATS 2-18-09 NATIONAL CITY 1_= �. APPROVED OY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 556-590-51 SOU1-1 BAY PLAZA LLC DOC. N0. DWG. NO EXHIBIT "B" S 414`' W' — FLP2P ��•N- 1 • • A3* • i 1. 3 h.44,Z 425 •' �660 p2' 3Q-� j124g12 `t . S 7 1 rz. ,__ T 1, 1_,„ 1 .., ...... A__.___,.___________4_ P_O.D_ CP9 551 96_ ' N 86"31'39" E TP-O.B.-- PERM. ACQ_ t.c. Z AND TCE a PM 13960 PAR. . 2 �5112 ',µ W S 121 � —1m PM 12079 PAR. 9 556-590-56 NOTE A BLANKET EASEMENT FOR DRAINAGE PER PM 12079 COVERS EN IBA PROPER IT. LEGEND TP.O.B_ P.O.B. A • 2.06. / N 16-56'52" J� / 4 24 CPB PAR. 1 PM 12079 PAR. 2\ PERMANENT ACQU1S111014 AREA = 0.010 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0_033 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CON1ROE POINT PER ROS 17515 REVISED BY: DAZE: DRAWN BY: KA DATE 5-13-08 NATIONAL CITY CHECKED BY: MA APPROVED BY: DATE: 6-13-08 DATE PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 556-590-56 THE BROWNING TRUST _ 30. DOC_ N0_ DWG - N0_ 10 tu 11) CD 1,4 • 1. • . • • „ • ' + Pa ,' ••:, ' ,'', '•• . ;',4 ‘'; rf'-'• ' c P.O.B CP9 S 70.39'20" E 220.64' i PM 13960 PAR, -r LEGEND T.P.O_B- P.0_B_ i EXHIBIT B s, CP8 PLAZA BLVD. 1270.33'' S 77.41'45" PERM_ ACQ AND TCE CENTERLINE ACCESS AND UTILITY EASEMENTS REC 2/9/54 IN BK. 5136 PG. 141 0R AND IN BK. 5136 PG. 143 O.R. PERMANENT ACQUISI DON AREA = 0.016 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING J SEE DETAILS "A"AND "0" SHEET 2 , I PM 12079 PAr�r) , 9 NOTE: A BLANKET EASEMENT FOR DRAINAGE PER PM 12079 COVERS ENTIRE PROPERTY. PM 17960 PAN.N), 2 r r 556-590-61 LEGEND (CONT.) V/1A A TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.103 ACRES CONTROL POINT PER ROS 17515 cv LC. SHEET 1 OF 2 SHEETS REVISED BY: DATE' DRAWN BY: KA :NECKED BY. MA APPROVED BY DATE: 2-18-09 NATIONAL CITY 1 = 100' DATE: 2-18-09 DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 556-590-61 SOUTH BAY SPE EEC DOC- NO. DWG. NO- 12 CHLAND AVE. LEGEND T.P_O_B_ P.O.B. A N 7213'43" E 'b , '4). 32.51'T� \ , 9.71 L N 17 46.06' W CENTERITNE ACCESS AND UTILITY EASEMENTS -RFC. 2/9/54 IN BK. 5136 PG_ 141 O.R. AND IN OK. 5136 PG. 143 0 R_ PM -l3960 PAR, 1 4 l w = • ▪ � <• WI T_P_O.B_ PERM. ACO. PLAZA BLVD. AND TCE —N 7213'43' E 358.97' �LS -a_` ®gem m® 4 Mr 97.92' \ L APP. S 72'44'I2' ty-35.00'� 057244'12` Wo1,-, oI vi n `ao M PM11390 PAN, 556-590-61 NOTE A BLANKET EASEMLNT FOR DRAINAGE PER PM 12079 COVERS ENTIRE PROPERTY_ DETAIL "A" NOT TO SCALE PLAZA BLVD. mnia t- mV) • -00 u) N 7213'43- E 358.92' \ `\j \ \ -\ \ \ \ \ \ \ \ \ \ \ \ /72/ %_71-1 /�////LL / '"- 67.21' S 72 44'12' W S 72'44'12'. W 0 'd PM 1J,_9'"60 rjAft r7 r PAR. 556-590--61 c" DETAIL "6" M NOT TO SCALE v (v .- v) PERMANENT ACQUISITION AREA = 0_016 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.103 ACRES TRUE POINT OE BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 LJ - TABULATED EJIE DMA LINE BEARING LENGTH LI S 72'44'12" W 263.51' L2 S 1738'68'. E 5.00' L3 S 72'44'12' W 25.00' L4 N 17'38'58' W , 5.00' 15 S 72'44'12- W 70 43' L6 S 721-4'12' W 124.91' SNEFI 2 OF 2 SHEETS REVISED BY- DATE- DAA'h'N Br: KA DATE: 2-18-09 CBECKEO BY MA DATE_ 2-18 -09 APPROVED BY- DATE: NATIONAL CITY PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 556-590-61 SOUTH BAY SPE LLC NOT TO SCALE DOC. NO OW . NO_ 13 PM3114 PAS;. D 7 • -26.75' CP/A_ S 84'41'39" W LEGEND EXHIBIT "B" TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH CI 42'49'47" 30.00' 22.43' C2 9-10'47" 540.00' 86.52' C3 1211'57- 544.50 115_93' C4 31'45'38" 28.75' 15.94' C5 4'40'05' 554,50' 45.18' C6 110'22'23` 20-00' 38.53' C7 68'49.59- 30-00' 36.04' P rJ ,. 3h 1/4 LOT 1 1/4 stir. 139 ,iHU. DE LA NAGION MAP 156 557-250-12 D0) 16-r10- 1AN0 pPS D°C0- 8 04062 TOW r////a TP.O_B_ P.0.9_ A 73� O9- t ,3 43 25 5% ' N 00'28'04" W (R) 82_3 06' E C5 V,*4 06' �� C2 PERMANENT ACQUISITION AREA = 0 012 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.072 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 PLAZA BLVD. s8i16=: ____ - cm NS C4 -_ C1 6 z 37 �\i, gc PERIL ACQ. `� \ `� P`J AND TCE PJ \1 P.0.8. CP5 REVISED BY: DRAWN BY KA OATS CHEOCEO BY: MA DAIS_ 4--30-08 OATS 5-22-08 NATIONAL CITY 1.-30' APPROWD BY: DATE PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-250-12 NATO] HOLDINGS, INC_ OOC_ NO. DWG_ NO_ 15 mM• w Lo Z LEGEND V//A PERMANENT ACOUISIBON (FEE) AREA = 0.001 ACRES \� TEMPORARY CONSTRUCTION EASEMENT (7CE) AREA = 0.125 ACRES P.O.B. P.0_B. POINT OF BEGINNING A CONTROL POINT PER ROS 1751 Q 'Cr TRUE POINT OF BEGINNING 5 T_P_o.8. ,/ DETAIL Lcto—% FEE AND ,,,c.; , ti NOT 10 SCALE / �0 / r/� -- f /� yi= EASEMENT FOR S112LE 1 \ PURPOSES NEC. 6/20/77 AT FILE/PAGE NO. ,77-743161 OR PM ` 311 J 11 1q.76 1Y 25 99' S 78'4677- ?4-15. 73 71- 11 78.46-21' lY PLAZA 8L VD. ;'Or. PAH. f; 557-250-43 S 83 22"27' E 52.37=, C2 ,L9 1y �a5�- P.0_D. a� • CP7 ) EXHIBIT "B" C2 TCE ..Ly TABULATED 1N1E DATA LINE BEARING LENGTH 11 N 706'59" E 4.24' 12 S 82'54'53. E 15.00' L3 S 609'22" W 4.13' L4 S 82'54'53" E 23_80" L5 S 6'09'22* W 4.88' 16 S 17.33'53" E 2.57' L7 N 7207'59` E 9.70' L8 S 84'41'39' W 49.99' TABULATED CURVE DMA CURVE DE1TA RADIUS LENGTH CI 0'54"40" 947.64. 15:07' C2 41:15'58' 947.64' 67.80' C3 90 00'36' 20_00' 31.42' C4 90110'43" 15-00' 23.57' C5 0-491 5" 1015.56' 14.55' C6 4'48'58" 1015.56` 85 36' C7 3'08'19" 10.56' 54.81' C8 0'55'15" 1015:56' 16.32' C9 _ 3'25'17` 1015.56' 60:64' C10 113116' 947.64' 190.55" —C7 clo ,SEE DETAIL lv` 5 7g'°V 14 \II , m PM 3114 rAr. ) REVISED BY: DRA'MI BY- KA DATE DATE: 5-21-08 NATIONAL CITY = 60" CHECKED BY: MA DATE: 6-13-08 APPROVED DY: DATE: PERMANENT ACQUISITION (ELF) AND TEMPORARY CONSTRUCTION EASEMENT APN 557-250-43 PLAZA SQUARE LTD. DOC. NO- fi'WC NO 17 1.LGEND r/// \ \ 1 iPA.B. P_) B A N 84 41' 39=E PERMANENT ACQUISITION EXHIBIT AREA = 0.029 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.061 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CON I120E POINT PER ROS 17515 140-60'.f' „ B „ P.O.B. �CP6 fie. • PLAZA BLVD. %/ }� a 5 / 11 C3'': 1 L3�L13f�4�1 1S6 �4!*Ll•�� 1 -55.76 1 ` S 8230 04" W ..- REC.EASEMENT" 8/22/46 IN BK. 1222 PG. 98 O.R. GI �3 LAND PER DEED REC. 11 /06/98 AS DOC. N0_ 1998-0724997 O.R. Pr)r1.LOT 2 1/4 BrU, -132 P11-1O, [fir LA NAGJO[Nl MAP 165 557-330-08 / N 0E1'42'38" W (R) TP.O.8. PERM. ACO. s AND I(1 iW-1 A ti? TABULATED UNE DMA UNE BEARING LENGTH L1 S 13230'04" W 11.77' 5.00' 15.00' 5.00' 107.22' 7.69' L2 L3 L4 L5 L6 S 729'56" E 5 82 30'04" W N 7'29'56" W S 82-30'04" W N 17'43'01" W L7 LB N 72'04'47 F S 17'43'01" E 10.91' 5.02' L9 S 881)1'02" W 7.22' CP5 TABULATED UNE DATA (CONT.) LINE BEARING LENGTH L10 N 18'33'04" W 12.65' L11 S 7235'00" W 13.28' 4.94' 113 S 82'30'04- W 29.73' L 4 S 729'56" E 9.00' L 5 N 729'56" W 14.00' LI6 S 8210'04" W 39.93' L17 N 17'43'01" W 10.16' L12 S 729'S5- E TABULATE© CUM DATA DELTA RAD US LENGTH 6'47'18' 367 50' 319'52 460 00' CURVE C1 C2 C3 4'57'49" 357 50' 43.54' 26.74' 30.97' RE'1SED BY: GATE: DRAWN BY: KA CHECKED OY: MA DATE: 5-21-08 DATE: 6-12--08 APPROVED BY: DATE: NATIONAL CITY -50' PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-330-08 ML PROPER TIES, LLC 00C NO DWG. NO: 19 TABULATED LNE DATA UNE BEARING LENGTH 11 N 7459'42" W 12_86' 12 S 17'4720" E 15:88' L3 S 7212'40" W 9.84' N 01'58"29" W (R) LEGEND T.P.OD_ P.O_B_ 0 EXHIBIT PERMANENT ACQUISITION AREA = 0.022 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.037 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 PLAZA BLVD. CP6 4 \\ to DI T.P.O.B. PERM. ACQ y AND \ TCE cP. Y \ p \7 LAND PER DEED REC. 9/19/03 AS DOC. NO. 2003-1154000 O.R. FACUTY NO. 01758 POR LOT 2 114 3EG. 132 H1-10. D LA NAGION MAP 166 557-330-09 P.0.8_ CP5 f TABULATED CURW DATA CURVE DELTA RADIUS LENGTH CI 5197'25" 29.00' 25.88' C2 15'42'56" 367.50' 100.80' C3 1459'05" 460.00' 120.31' C4 5912'04" 10_00. 10.33' C5 5712'22" 19.00' 18.97' C6 12 33'32" 357.50 78_36' REVISED BY: DATE DRAWN BY: KA DATE_ 5-1-08 NATIONAL Ct1Y I" = 30' CHECKED BY: MA OnTE_ 5 -22-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-330-09 BP WEST COAST PRODUCTS IIC DOC_ NO DWG. 21 Ras_ 4 ePs z--, � rn a N 53.46'05" ; (R) \ 34.48' R N 3528'30" W (R) 25.00' R APPROV D BY. UTk1TY AND ACCESS EASEMENT REC_ 3/1/57 IN BK 6477 PG. 575 OR_ PERM_ ACO_ AND TCE DATE EXHIBIT "B" EEGEN•D LAZA o• T( f Pj 7� OR 557-410-15 POn. NW 114 W 1/2 LOT 2 IN QUA ;TE H 3EG. 129 D RHO. DE LA NAGIDN MAP NO. 166 T_P_O_B. P.0.B. A PM 13257 PAR. 3 TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH Cl 69'00'54" 30.00" 36.14' C2 WM' 4 Er 25.00' 22.03' C3 54'01'15' 30.00' 28.29' NATIONAL CITY PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-410-15 ORKIN. INC_ PERMANENT ACQUISITION AREA = 0_033 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.086 ACRES TRUE POINT OE ['FUNNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 �34 040,E DWG NO_ 23 NOW: SEE SKEET 3 FOR TABULATED CURVE DATA. LEGEND EP_O_e_ P.O.N. A 001 EXHIBIT B' PERMANENT ACQUISITION AREA = 0.008 ACRES, TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.123 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CON TROT POINT PER ROS 17515 DEED REC. 4/28/03 AS DOC. NO. 2003-0490013 0R —Jr aaara LAND PER OD SHEET 1 OT 3 SHEETS REVISED HY_ DATE: DRAWN BY KA DATE: 4-8-08 NATIONAL CITY SLATE 1'=60 CEIECKEO BY: DATE: 5-19-08 APPROVED 8Y: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-410-17 BRUCE M. BOOGAARD AND CYNTHIA K 8000AARD DOC_ N0_ DWG _ NO_ 25 LEGEND NOW: TP.0_B. n DDT CO V Q PERMANENT ACQUISITION WIDTH EXAGGERATED FOR CLARITY PERMANENT ACQUISITION AREA = 0.008 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.123 ACRES TRUE POINT OF OEGINNINC POINT OF BEGINNING CONTROL POINT PER ROS 17515 DEED REC. 4/28/03 AS DOC_ NO_ 2003-0490013 0_R_ PERM. ACO. N �t NO W: STY SHEET 3 FOR TABULATED CURVE DATA T.P_0.8. TCE LL, / 1 _l= 0 �y 1 .e`F' 557--410-17 "is) LEI 0 y 1071'03" W (R) 15 MATCH LINE SEE SHEET 3 1 Slit ET 2 OF 3 SHEETS L>, (N1 0 0 LT, \-1 E>, C) u� i.N1 LET c_) REVISED BY: OATS DRAWN BY: KA CHECKED OY: OA1E 4-8-08 NATIONAL CITY SCALE NO SCALE DATE: 5-19-08 APPROVED BY: DATE - PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-410-17 BRUCE M. BOOGAARD AND CYNTHIA K BOOGAARD DOC_ N0_ DWG _ NO_ 26 NOTE: PERMANENT ACQUISITION WIDTH EXAGGERATED FOR CLARITY is PLAZA BLVD TABULATED CLIME DATA CURVE DELTA RADIUS LENGTH CI 1948'01" 434.35 150.10' C2 21709' 434.35" 17.33' C3 3356'21. 444.35 263.21' C4 33'08'31' 460.00' 266118' LEGEND 001 PERMANENT ACQUISITION AREA = 0.008 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.123 ACRES DEED REC. 4/28/03 AS OOC. NO. 2003-0490013 O.R. O MATCH LINE SEE SHEET 2 LAND PER 001 POR Or NW 1/4 OF THE W -1/2 OF LOT 2 OF 0JArT r► S G, 12 RHO, Dr LA NAuloN MAP 165 557-410-17' ) st531$' $`4\ 5‘-1 - ���10--� 2.79' S 17'34'30- E SHEET 3 OF 3 SHEETS REVISED BY: DRAWN BY. KA CHECKED BY: APPROVED BY: DAZE: DATE 4-8-08 DATE: 5-19--08 DATE: NATIONAL CITY SCALE NO SCALE PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-410-17 BRUCE N. BOOGAARD AND CYNTHIA K. BOOGAARO DOC_ NO_ DWG. NO. 27 1700 E. PLAZA BLVD. NATIONAL CITY CA 91950 APN 557 410 19 • CP6 - 4` -� i3 I3 U P �o Irn CPS N 89-04'36- TP_0_B_ PERM ACQ_ 1 1 AND TCE - 1 O � EXHIBIT TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH Cl 16'03'56- 540_00' 151_41" C2 1359'51" 61220' 149.56* C3 330'27- 62220' 38_09" C4 425'08- 626.20' 48_30' C5 550'39" 622.20' 63_46" LEGEND LP_O_B_ P.OB_ A PERMANENT ACQUISITION AREA = 0_014 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.039 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 PLAZA BLVD_ Cl S 04'40'21' EAR-) rn ;a- LAND PER DEED REC. 3/13/98 AS DOC_ NO. 1998-0138180 O.R. 557-410-19 P OH. NW 1/4 OF W 1/2 OF 80 ACRE LOT 2 IN QUARTET, SEC, 120 OF PAO. DE LA NACIDN MAP NO. 155 REVISED BY: DATE DRAWN BY: KA DATE: 4-16-08 NATIONAL CITY CNECKEO BY: MA GATE: 5-22-08 APPROVED 8Y: DA M: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-410-19 NAGRAJ M4C_ SCALE =40" DOG. NO_ DWG_ NO. 29 WEST OF FAMILY HOUSE OF PANCAKES APN 557 420 30 I£ -0N '9h10 '0N D00 Aa000v) aYllVS -now YAIrWS ONv 11VAV0--1Y 0001 0£-Olt-LSS NdV 1N3YV3SV3 NO11311a1SN03 A2N210d/V31 ONv N0111S1n03Y 1N3NVY1213d -AO 031011ddV 31V0 YIN "AB 03)O310 .01r = ,1 3,V3S R/ v "HVd td3 0'0"d uIO 1VNouVN a'0 t6 -34 ZZZZ k0 WSW -ON 3111 SY up/Li/9 -333 SIN3Y€JSv3 SS1JJv ONV u11I n.01 ol•-oZt-LSS 90 �; � L N 3- - 30V iN213d 0-O-dl FO 11O-91-i' =31V0 YN :AO NW I° :MVO 15L1 SON N3d 1NIOd 1081NO3 9NINNI930 30 1NIOd 9NINNI030 30 1NIOd 3na1 S3a3Y 6k9'0 = V32IW (331) 1N3Y43SVI NO113na1SN03 Aava0dY131 S3N3Y 100.0 = Y38V NOLNSN103V 1N3NVIV Eld 4. 03SN'38 V 0E0-d "0-0'd'1 V/ / O T3 X31 9,91- 'ON avv. . NG(aVN VI �G "OHu 6Z1_ a 1iVr1 ) Z 10'1 HOV Gg Z/1 M AG /I_ MN 1-1Gd CI L 1 l81 HX3 UNE 11 L2 13 TABIXATT D LNIE DATA BeARING N 87 46'13" E N 47'oT59' E N 75472r W LEIVGIH 805.90' 53,0E 23 87' L4 S 76'30'26' W 21.82' L5 L6 N 78 59'19' E N 17'45'13' W 1.42' 39.74' FREEWAY SLOPE EASEMENT REC. 3/11/71 AS FILE NO. 46267 O.R. ''£ N 44A ' 50g9 rn T.P.O.B_ PERM. ACC). AND La • 1 144°6 EXHIBIT "B" TABl1LA1ED CURVE DATA CURVE DELTA RADIUS LENGTH CI 4`03'34' 136200' 96.50' C2 31'26'58. 50.92' 27.95' C3 2T42'0T 37.38' 18 07' C4 4'23'54' 1377.00' 105.71' S 15-205a E WID • 74 r1 ^0^��7"14 7,3(5, r 9 s 00--40 4 "\ JF:48. Sj42'31 PM PAR, 2 CP5 SEE DETAIL BELOW FOR CP5 CONTROL POINT LOCATION 5478 L7 CP4 145 9 DETAIL NOT TO SCALE Eyc�` �►♦ V ,a w S 211 T59' E (R) 10' SEWER EASEMENT \ ''. REC. 8/22/46 AS FILE ' F` �O NO. 91532 IN BK. 2222, S PG. 93 O.R. 96. 41°11410141- 557-420-31 PAR, LEGEND PERMANENT ACQUISITION AREA = 0.039 ACRES ��TEMPORARY CONSTRUCTION EASEMENT (ICE) AREA = 0.147 ACRES T.P.0.8. TRUE POINT OF BEGINNING P.O.B. POINT OF BEGINNING A CONTROL POINT PER ROS 17515 DD1 GEED REC. 5/04/78 AT FILE/PAGE NO. 78-180860 O.R. REVISED BY: OAK: DRAWN BY: KA DAZE: 4-21-08 NATIONAL CITY SCALE 1_=50' CHECKED BY: MA DA1E: 5-22-08 APPROVED BY: OATS: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-420-31 MORGAN FAMILY TRUST AND ROBERT LEE MORGAN DOG NO_ DWG. NO. 33 2l N ,l 3A 30 REUSED BY: DRAWN 8Y: KA CHECKED 8Y_ MA APPROVED BY. 5 EXHIB T "B" DRIVEWAY EASEMENT REC. 5/28/80 AS FILE NO. 80-172540 O.R. Poft r1/2LOT 2 1l^ 170 MAP 166 557-420-33 TJ4 HIATED CURVE: DMA CURVE C1 C2 LEGEND r//ff1 T.P_O B_ P_O.B. A 0D1 DELTA 0.05 53' 460.00' O'08'02" 444.34' LENGTH 079' 1_04' PERMANENT ACQUISITION AREA = 0_010 ACRES TEMPORARY CONSTRUCTION EASEMENT (ICE) AREA = 0_048 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 DEED REC. 9/08/05 AS DOC. NO. 2005-0775749 OR. PoH. JNNUMBE D LOT KALrSA WALK MAP 14820 ' Nillikik tat .E ooN B72—wlo4.....4001:7- ,nt N�V k. ��� to DA1C 8-26-08 OATS 9-05-08 DATE_ 5 tT4155 TP_0_B_ l TCE 5 11-43 492 55 \ - y T_P_0_B. PERM. ACQ. IaLL \T'� Jr- N 87'46'13' E 805.90" ©c- — —'�-- — P.O.B. NATIONAL CITY PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-420-33 SINNERS HOSPITALS FOR CHILDREN CP4 = 30* DOC_ N0. DWG. NO_ RADIfIS 35 UN CDR OF NE Int OF w I/2 LOT 2 KA LESA VVALK COK11 Arf\J 557-420-35- • 6; { *d 8f w -r op 4� c NTCOd64f �11� 14B211 16304 CONDo KALE$A WALK PHASE 2 • DOC86•S72386 } {SEE SH721 86 0.91 AC UNMBD LOT _• 6212 1b7�` moo 456AC. to w OOCONDO0.81 AC POR KALE8A WALK PHASE 1 BO AC. D0004�0 0 & LOT 2 O0005-27949 Iltza (SEE SHT 21 r .o� M14B20 '' "ON.wx,Sd' �- 1,7r'97'p't (Cc NTY0012 E .'�f''.. Yam' ' • • oP %. 420) sE 1I - so-a05 BEND. ;: •... . .YAMI.sA'i PM 5478 V PAR 2 o.et AC. /29 QSEC 129 1.31 AC_ sR PIA 5478 4 a co 0 t A A fl 4 A Ll r%fl 1/ A l f- Cl A i A I A 1 37 CP5 EXHIBIT "B" GENERAL_ UTIIJTY AND ACCESS EASEMENT PER MAP 14820 DRIVEWAY EASEMENT RFC 5/28/80 AS FILE NO 80- 177541 OR POP,- JNNJMBE, irD LOT / KALr3A WALK rvIAP14B7.0 r� . 557. 420-35 y1 4� t �: / c� \ 32�i E-\K A355 TPOB N `73 S t� 'a- _ 1_ ICE t7 , t L119� �1F: � / 14 � N i, 32Qp25' PRIVAif 510RM WATER — TREAIME N I MAINTENANCE AGREE MT N I AREAS REC 1/12/04 AS TILE NO 2004-0022016 O.R. N 87-4613" E e 805.90' 5 114 T.P-0.8. t14 / PERM_ ACE_ LEGEND it- /<o /c` 1a' 1z 2 PLEB CP4 T.P.0.8. ROB_ skccA -7t PERMANENT ACQUISITION AREA = 0_016 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.068 ACRES TRUE POINT Of BEGINNING POINT 01 BEGINNING A CONTROL POINT PER ROS 17515 REVISED BY. DRAM BY: HA CHECKED BY. MA DATE. OAIE- 5-5-08 DATE: NATIONAL CITY = 40' APPROVED BY. OATS - PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-420-35 OESON - NATIONAL CITY 78, EEC DOC. NO. DwC NO 38 EXHIBIT Sf T-P.O.B. 5" F' PERM_ r,„OS / ACQ_ J�F-\ 2`� A CP2 SC. be, 4 p4� `1.bs ®'a °215°i REVISE) HY: DRAWN BY: CHECKED BY MA APPROVED BY: LEGEND 017 — S'tY UNE OF NW 1/4 OF 1/4 SEC. 106 P02. Nr'L `( 1/-4 NW 1)4 OE EAU 11 F' 1/4 Sri, 1i6 RHO.. DE LA NATION MAP 1136 PERMANENT ACQUISITION AREA = 0_052 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0061 ACRES TRUE POINT Of EIEGlNNlNG POINT OF BEGINNING CONTROL POINT PER ROS 17515 DATE_ GATE_ 4-24-08 DAIS: 5-22-08 DATE: ))^)i � CPI CPI ROIL C N 33'46'30` E (R) N 431740" E (R) �64 E of g121T tY D ORE } vol SEE 1,0- R'S TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH CI 104'44'49` 2200' 40.22' C2 1372'44" 50.00' 11-68' C3 71'05'43" 25.00' 31.02' NATIONAL CITY = 20' PERMANENT AC0IJI9T10N AND IETJPORARY CONSTRUCTION EASEMFNT APN 558-091--26 STEPHEN C_ KERCH TRUSI & KATHRYN K. SMHN TRUST DOC- NO. OKNO 40 LI 1 Y Ut NAI IUNAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 7, 2010 AGENDA ITEM NO. 13 'TEM TITLE: Resolution of the City Council of National City adopting the revised Standard Urban Storm Water Management Plan (SUSMP) Manual as required by the State of California. PREPARED BY: PHONE: 4583 EXPLANATION: Barby Tipton 'J DEPARTMENT: Development Sces-Engineering Division•' APPROVED BY: Regional Water Quality Control Board (RWQCB) Order No. R9-2007-0001 (the 2007 National Pollutant Discharge Elimination System (NPDES) Storm Water Permit issued to the City of National City and the 20 other Copermittees) included a new requirement to develop a Hydromodification Management Plan (HMP) to identify and define a methodology and performance criteria to ensure flow rates and durations do not exceed pre -project runoff where increased runoff could cause erosion or other significant adverse impacts to beneficial uses. All the Copermittees worked together, with the County of San Diego taking the lead, to develop a HMP in compliance with Provision D.1.g of the NPDES Permit. As required, the City adopted interim hydromodification criteria with the last SUSMP Manual update. Provision D.1.g.(5) of the NPDES permit states "180 days after approval of the HMP by the Regional Board, each Copermittee shall incorporate into its local SUSMP and implement the HMP for all applicable Priority Development Projects." The HMP was accepted by the RWQCB on July 14, 2010. The revisions made to the SUSMP Manual incorporate the HMP requirements, based on the regional Model SUSMP document developed collaboratively by the Copermittees. The SUSMP Manual is on file h the City Clerk for review. 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: N/A RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE REVISED STANDARD URBAN STORM WATER MANAGEMENT PLAN (SUSMP) MANUAL AS REQUIRED BY THE STATE OF CALIFORNIA WHEREAS, Regional Water Quality Control Board (RWQCB) Order No. R9- 2007-0001 included a new requirement to develop a Hydromodification Management Plan (HMP) to identify and define a methodology and performance criteria to ensure that flow rates and durations do not exceed pre -project runoff where increased runoff could cause erosion or other significant adverse impacts to beneficial uses; and WHEREAS, with the County of San Diego taking the lead, the copermittees worked together to develop a HMP in compliance with Provision D.1.g of the National Pollutant Discharge Elimination System (NPDES); and WHEREAS, the HMP was accepted and approved by the RWQCB on July 14, 2010; and WHEREAS, pursuant to Provision D.1.g.(5) of the NPDES permit, the City is required to incorporate the HMP into its local SUSMP, and implement the HMP for all applicable priority development projects; and WHEREAS, due to the approval and implementation of the HMP, revisions have been incorporated into the Standard Urban Storm Water Management Plan (SUSMP) Manual based on the regional Model SUSMP document developed collaboratively by the copermittees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Revised Standard Urban Storm Water Management Plan (SUSMP) Manual is hereby adopted. Said Revised SUSMP Manual is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of December, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney i.+i 1 i '.Jr IVHI IVNHL L I 1 i, I.HLII-LMINIA COUNCIL AGENDA STATEMENT MEETING DATE: December 7, 2010 ITEM TITLE: solution of the City Council of the City of National City authorizing the Mayor to sign the First Amendment to the Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District. The Agreement will also provide new general fund revenue and equipment. (Fire) AGENDA ITEM NO.14 PREPARED BY: Walter Amedee l DEPARTMENT: PHONE: 619-336-4556 APPROVED BY: EXPLANATION: The National City Fire Department has provided fire protection and emergency medical services to the Lower Sweetwater Fire Protection District (DISTRICT) since March 1982. In 1998, the DISTRICT proposed that the annual service fee be based on increases in the "Consumer Price Index for All Urban Consumers" (CPI), for the San Diego metropolitan area according to the U.S. Department of Labor Bureau of Statistics. This amendment requires the DISTRICT to provide monthly property tax revenue statements to the CITY. For each quarter year, the DISTRICT agrees to pay the CITY quarterly payments for services. The quarterly service fee payment will be adjusted based on the monthly property tax revenue statements provided by the DISTRICT. The quarterly service fee will be calculated based on 80% of DISTRICT monthly property tax revenue. In addition, the DISTRICT will pay the City by December 1, 2010, for one fully equipped fire engine for $531,439.13. The DISTRICT will maintain a reserve balance of $250,000. DISTRICT funds in excess of reserves will be made available to the CITY to purchase new National City Fire Department vehicles and equip ent. Equipment chased by the DISTRICT will be property of the CITY. rir4ANCIAL STATEMENT: APPROVED ,'/,' tFinance ACCOUNT NO. APPROVED: MIS Lower Sweetwater Fire Protection District Revenue Account # 001-12125-3555 and Expenditure Account # 001-412-125-519-0000 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Authorize the Mayor to sign the First Amendment to the Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. First Amendment to the Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District 2. Resolution RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES FOR THE LOWER SWEETWATER FIRE PROTECTION DISTRICT, WHICH PROVIDES FOR NEW GENERAL FUND REVENUE AND EQUIPMENT WHEREAS, the National City Fire Department has provided fire protection and emergency medical services to the Lower Sweetwater Fire Protection District ("District") since March, 1982; and WHEREAS, in 1998, the City and the District entered into an Agreement for protection and emergency services, which included the District's proposal that the annual service fee be based on increases in the Consumer Price Index for All Urban Consumers (CPI) for the San Diego metropolitan area according to the U.S. Department of Labor Bureau of Statistics; and WHEREAS, this First Amendment changes the annual service fee by requiring the District to provide monthly property tax revenue statements to the City to pay the City quarterly payments for services, which will be based on 85% of the District's monthly property tax revenue; and WHEREAS, the District also agrees to pay the City for one fully equipped fire engine in the amount of $531,439.13 by December 1, 2010; and WHEREAS, the District agrees that funds in excess of the $250,000 reserves will be made available to the City to purchase new National City Fire Department vehicles. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the First Amendment to the Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District. Said Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of December, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney FIRST AMENDMENT TO THE AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES FOR THE LOWER SWEETWATER FIRE PROTECTION DISTRICT THIS FIRST AMENDMENT TO THE AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES FOR THE LOWER SWEETWATER FIRE PROTECTION DISTRICT is entered into this 7th day of December, 2010, by and between the City of National City ("CITY") and the Lower Sweetwater Fire Protection District ("DISTRICT"). WITNESSETH WHEREAS, on September 16, 2008, the CITY and DISTRICT entered into an agreement entitled "Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District" ("Agreement"); and WHEREAS, the CITY has been providing fire protection and emergency medical services to the DISTRICT pursuant to the Agreement since November 17, 1998; and and WHEREAS, the DISTRICT was organized to provide fire protection to its citizens; WHEREAS, the CITY lies contiguous to the DISTRICT territory and maintains professional fire protection and emergency medical service within its CITY; and WHEREAS, the CITY is willing to continue to provide fire protection, emergency medical and related services to the DISTRICT. NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN TIIE PARTIES HERETO AS FOLLOWS: 1. Section 1 of the Agreement is amended as follows: GENERAL CONDITIONS. The CITY agrees to provide fire protection and emergency medical services to the DISTRICT. Furthermore, the CITY agrees to include the DISTRICT in the CITY's paramedic service area, as long as said service remains a non -subsidized service to the CITY. In addition, the CITY agrees to provide the following fire prevention related services: Code Enforcement/Weed Abatement. The DISTRICT shall agree to adopt the Uniform Fire Code and amendments as specified by the National City Fire Department. Prior to the adoption of the Uniform Fire Code and amendments, the DISTRCT will receive a 30-day notice to allow for review of the Uniform Fire Code and amendments. Enforcement procedures shall be developed by the National City Page 1 Fire Marshal and shall meet with the approval of the National City Director of Emergency Services and the DISTRICT Board of Directors. Enforcement procedures shall be based on a "complaint basis only". Complaints received by the National City Fire Department shall be investigated and a written report submitted to the DISTRICT Board of Directors. The DISTRICT Board of Directors shall advise the National City Fire Department on action to be taken. The National City Fire Department reserves the right to take immediate action on complaints received that represent an imminent hazard to life and property (including hazardous materials) whenever necessary. In such cases, a written report shall be submitted to the DISTRICT Board of Directors of any action taken by the National City Fire Department. The issuance of permits as set forth in the Uniform Fire Code is included as Code Enforcement. All weed abatement enforcement actions shall be carried out in accordance with the CITY's Abatement Ordinance and the Uniform Fire Code. Building Plan Review. Plan checks shall be done in accordance with the Uniform Fire Code as adopted by the CITY. Business Fire Safety Inspections. Shall be conducted by the National City Fire Department at the request of the business owner/manager only. Enforcement procedures shall be in accordance with the Uniform Fire Code, National Fire Protection Association (NFPA), and Municipal Codes and Ordinances. The DISTRICT Board of Directors shall be advised in writing by the National City Fire Department of any action taken in those cases where an imminent hazard has been found to exist. Legal Services. It is understood that the CITY's City Attorney will provide no legal services regarding any of the fire prevention related services described above. 2. Section 2 of the Agreement is modified by adding the following: TERM. This First Amendment is effective as of October 1, 2010 and shall continue in full force and effect until September 30, 2020, or until either party exercises the right to terminate as setforth in Section 3 "TERMINATION". 3. Section 3 of the Agreement is amended as follows: TERMINATION. This agreement may be terminated by either of the parties hereto upon delivery of a written notice of intent to terminate from the initiating governing body to the other governing body. Said termination shall become effective three (3) months from the delivery of notice or as mutually agreed upon by the parties. 4. Section 4 of the Agreement is amended as follows: QUARTERLY SERVICE FEE PAYMENTS. The DISTRICT will provide monthly property tax revenue statements to the CITY. For each quarter year during the term of this agreement, commencing on October 1, 2010, and continuing thereafter of each subsequent quarter year (i.e. January 1, April 1, July 1, and Page 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first herein set forth. CITY OF NATIONAL CITY LOWER SWEETWATER FIRE PROTECTION DISTRICT By: By: Ron Morrison, Mayor Kurt Worden, President ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attomey Page 4 October 1), the DISTRICT agrees to pay the CITY quarterly payments for services. Fire Prevention Services shall be charged according to the current CITY's Fee Schedule. 5. Section 5 of thc Agreement is amended as follows: QUARTERLY SERVICE FEE ADJUSTMENTS. Each quarter, the quarterly service fee payment will be adjusted based on the monthly property tax revenue statements provided by the DISTRICT. For example, the quarterly service fee that is due on October will be based on adjustments for the quarter (i.e. July, August, and September). The quarterly service tee will be calculated based on 80% of DISTRICT monthly property tax revenue. 6. Section 6 of the Agreement is amended as follows: EQUIPMENT REPLACEMENT PLAN. The DISTRICT shall pay the City by December 1, 2010 for one fully equipped fire engine for $531,439.13. The DISTRICT will maintain a reserve balance of $250,000 for FY 2010/2011. The DISTRICT will inform the CITY of changes to the reserve made during the annual budget process. DISTRICT funds in excess of the designated reserve shall be made available to the CITY as equipment replacement funds. Equipment replacement funds paid by the DISTRICT shall be used exclusively for the purchase of new National City Fire Department vehicles and operational fire and emergency medical equipment. Equipment replacement funds are separate and distinct from quarterly service fee payments. The Director of Emergency Services will make all recommendations for expenditures of equipment replacement funds subject to City Council approval. Equipment funded by the DISTRICT shall be property of the CITY. 7. Section 7 of the Agreement is amended as follows: IMPLEMENTATION. The CITY and the DISTRICT shall exercise their best efforts to implement the terms and conditions of this agreement. 8. Section 8 of the Agreement is amended as follows: NO MANDATORY DUTY. The obligations assumed by the CITY pursuant to this agreement shall not create a mandatory duty on the part of the CITY or any officer or employee of the CITY under Section 815.6 of the California Government Code. 9. Each and every provision of the Agreement shall remain in full force and effect, unless specifically amended by this First Amendment. Page 3 %A 1 T Vr NMI IUIVAL 1.1 1 T, C:ALI1UKNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 7, 2010: ITEM TITLE: >olution of the City Council of the City of National City authorizing the Mayor to execute Teen Pregnancy Prevention Community Collaborative Grant Agreements between the City of National City and Operation Samahan, Inc., in support of Operations Samahan's application for two five-year grants totaling S875,000 in funding from the California Department of Public Health, Office of Family Planning. PREPARED BY: :Leslie Deese, Asst. City Manage PHONE: 619-336-4240 EXPLANATION: AGENDA ITEM NO. 15 See Attached. DEPARTMENT: City Manager APPROVED BY: ri,iANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff Report cutive Summary Dements: MSSA 161 g (Attachment #1) and MSSA 161 k (Attachment #2) Resolution, Staff Report: Operation Samahan, Inc. headquartered in National City since 1973,. provides affordable and culturally accessible primary health care, health promotion, education, and multi -faceted social services to our community. Operation Samahan operates several sites in National City which include the National City Clinic, Community Health Center, Youth 2 Youth Center, and Lincoln Acres (satellite clinic in Granger). Approximately 13,500 patients were seen in 2009 in the various sites located in National City. The majority of the patients seen are at or below the 200% federal poverty level. Operation Samahan, Inc. is applying for funding in the amount of $875,000 for grants provided by the California Department of Public Health (CDPH) Office of Family Planning (OFP) to provide teen pregnancy outreach services to several surrounding communities, including National City. Operation Samahan recently approached the City about entering into an agreement as a "community collaborator" as part of the grant. Operation Samahan is applying for $875,000 to get the Community Challenge Grant (CCG) Program re -funded for the 2011-2016 cycle. For purposes of the grant, National City has been split into two separate Medical Service Study Areas (MSSAs): National City East (161g) and National City West (161k). Other 161g and 161k medical service study areas include Encanto, Lemon Grove, Northwest, Lincoln Acres, Paradise Hills Southwest, Chula Vista Central, and Northwest. The collaborative agreements are almost identical except for the headers - one corresponds to 161g and the other to 161k, two of the 3 Medical Service Study Areas (MSSAs) for which Operation Samahan is applying. Comprehensive sex education classes and a fatherhood involvement program are required objectives for all grantees. Additional objectives include using social networking and youth leadership and peer -based outreach and parent -child communication. A more detailed list of services can be found in the Executive Summaries attached to this report. TPP Community Collaborative Agreements: Collaborative agreements exist between the Community Challenge Grant (CCG) grantee (Operation Samahan) and the organizations or individuals who agree voluntarily to participate in the grantee's collaborative activities. The agreements identify the purpose of the collaboration, the responsibilities of the grantee and members, and terms of understanding. Collaborative agreements are not formal contracts — rather they simply inform members of the activities they are agreeing to participate in on behalf of the collaboration and allow members to discontinue their participation at any time. PURPOSE: The purpose of the TPP Collaborative is to: • Meet the legislative requirements of California Welfare and Institutions Code (W1) Section 18993.4(a) that requires CCG grant programs to include a plan for "community collaboration with parents, local agencies, businesses, school leaders, community groups, and private organizations." • Convene a broad based group of community members committed to developing healthy youth and reducing risky behaviors. • Generate decisions, new insight or perspectives that could result in creative solutions for difficult issues; fostering action and promoting change related to teen pregnancy prevention issues. • To provide knowledge, skill, expertise and support to Operation Samahan in indentifying the current community needs for the CCG program and teen pregnancy prevention services. RESPONSIBILITIES: Collaborative Members and CCG Grantee (Operation Samahan): • Establish the TPP Community Collaborative core values, mission statement, vision, 5-year goals, objectives, activities, milestones for evaluation, and a recruitment and retention plan; • Present an Annual TPP Community. Accountability Report to community stakeholders about TPP Community Collaborative activities/ accomplishments; mobilize support for teen pregnancy prevention efforts and/or services and present an update on the community's progress towards reducing teen pregnancy rates; Increase awareness and promotion of youth sexual health issues and community resources; • , Build support for people who work on youth sexual health issues; Ensure input and participation from a broad spectrum of people; Seek technical assistance and support from other collaborative members and state partners to address local issues; • Share current information about health, education, and support services for young people that might not otherwise be readily available; • Share program experiences, evaluations and best practices with other collaboratives and/or. coalitions; • Support community efforts to help youth avoid unintended pregnancy; • Support community efforts to sustain a pregnancy prevention program; • Support the process of changing the community's perception of teenage and unintended pregnancy; • Sign a letter stating their support of the Workplan. It is important to note that Operation Samahan will provide the administrative oversight for these responsibilities. CCG Grantee (Operation Samahan): • Invite individuals or agencies to participate in the collaborative; • Create an atmosphere within the collaborative that facilitates and supports the process of community change; • Identify through periodic needs assessment the: At risk youth populations who need pregnancy prevention services Unique health concerns and needs of the population Existing services and resources available in the community Gaps in unmet services and resources in the community • Provide the above information in formats that members can use to develop or revise their needs analysis, logic model, and program plan; • Develop and implement an Annual Community Accountability Report; • Develop and implement (with support by Collaborative) a 3-year Sustainability Plan; • Report on the collaborative activities in CCG progress reports; Maintain membership lists, agendas, minutes and other documents as required by the CCG contract. 3 City Requirements as a Collaborative Member • Assign City representative to participate in the collaborative, which includes school leaders, community groups; businesses, local agencies, private organizations, and a City representative to attend four quarterly meetings annually over the 5 year term of the grant; • Sign a letter of support of the Workplan; Sign TPP Community Collaborative Member Agreement Forms. Representatives from Operation Samahan will be attending the December 7, 2010 City Council meeting to provide additional information as needed. ��1 Ei�}zEXECUTIVE SUMMARY �1z Nt d The mission of Operation Samahan, Inc. (OS) is to promote better health and living conditions for all members of the community particularly among the indigent, low-income, uninsured and underserved individuals and families, by providing high quality, affordable and culturally accessible primary health care, health promotion and education, and multi -faceted social services. With an operating budget of $5 million, OS serves about 20,000 patients and provides over 45,000 patient visits a year. The Youth 2 Youth Center (Y2Y) is a department within OS that provides various programs to local youth to help them grow into successful adulthood. Conveniently located across the street from Sweetwater High School in National City, Y2Y provides a safe place for youth to access computers, do homework, watch movies, socialize, get involved in community events, hang out and receive confidential reproductive health education and services. Local youth between the ages of 16-24 are trained to serve as Peer Educators to provide services to fellow youth in a comfortable, non -threatening way. Y2Y activities are currently supported by two teen pregnancy prevention grants from the California Department of Public Health (CDPH) Office of Family Planning (OFP) which are 1)Information & Education (I&E) and 2) Community Challenge Grant (CCG), grants from the California Wellness Foundation and Title X, .and a small grant from the San Diego HIV Funding Collaborative. OS is applying for $875,000 to get the CCG Program re -funded -for the 2011-2016 cycle. Funds requested will be used to provide services to Medical Service Study Area (MSSA) 161g (Encanto, Lemon Grove Northwest, Lincoln Acres, National City East, Paradise Hills Southwest). If funded, OS plans to reduce the number of teenage pregnancies and teenage single parents and promote responsible parenting and the involvement of the biological father in the economic, social, and emotional support of his children using the following objectives: comprehensive sexual health education (CSHE), male involvement (MI) intervention, youth leadership (YL) and social networking (SN). By 2016, a minimum of 1375 youth will have successfully completed the CSHE objective using OFP-approved curricula attraditional schools as well as juvenile court and community schools (JCCS). MI intervention consists of four parts: sex education and prevention instruction, mentoring, peer education and/or support groups, life planning/skill development, and fatherhood groups, and will be accomplished with the help of a subcontractor Turning The Hearts Center (THC). By 2016, a minimum of 750 youth willhave successfully completed the MI intervention, including a clinical tour of OS. A minimum of 7 participants per year will be recruited and trained for YL. Participants of YL willbe able to organize health awareness events and provide general information about reproductive health and services/resources available in the community. 35 youth: will have successfully completed YL by 2016. OS also plans to implement a social networking objective using sites like Facebook and Twitter to promote community events and resources (i.e., Family PACT services). With Y2Y having a strong reputation throughout the county as the premier provider of youth - friendly services, OS truly deserves to have the CCG Program funded for the. 2011-2016 cycle. The administrative capabilities and experience of Y2Y staff areso strong that other currently funded OFP agencies in San Diego County regard OS as the front-runner to be the Teen Pregnancy Prevention Regional Network Lead Agency for the upcoming funding cycle. 2841 Highland Ave National City, CA 91950 619-477-4451 Phone 619-474-4514 Fax www.operationsamahan.org Community Challenge Grant TPP COMMUNITY COLLABORATIVE MEMBER AGREEMENT FORM City L- Head Reference: MSSA 161g (Encanto, Lemon Grove Northwest, Lincoln Acres, National City East, Paradise Hills Southwest) INSTRUCTIONS: Collaborative agreements exist between the CCG grantee and organizations or individuals who agree voluntarily to participate in the grantee's collaborative activities. The agreement identifies the purpose of the collaboration, the responsibilities of the grantee and members, and terms of understanding. Collaborative agreements are not formal contracts — they are simply informing members of the activities they are agreeing to participate in on behalf of the collaboration. Agreements are signed by persons authorized to enter into agreements for the organization, or by individual volunteers. Agreements are required for all organizations or individuals, including AFLP and Family PACT Providers, but are not required for subcontractors or consultants. The collaborative agreement language provided below should be completed and printed on agency letterhead. Agreements are maintained on file with the grantee's other records. TPP COLLABORATIVE AGREEMENT This agreement establishes a collaborative relationship between The City of National City and Operation Samahan. Purpose The purpose of the TPP Collaborative is to: • Meet the legislative requirements of California Welfare and Institutions Code (WI) Section 18993.4(a) that requires CCG grant programs to include a plan for "community collaboration with parents, local agencies, businesses, school leaders, community groups, and private organizations." • Convene a broad based group of community members committed to developing healthy youth and reducing risky behaviors. • Generate decisions, new insight or perspectives that could result in creative solutions for difficult issues; fostering action and promoting change related to teen pregnancy prevention issues. • To provide knowledge, skill, expertise and support to Operation Samahan in identifying the current community needs for the CCG program and teen pregnancy prevention services. Office of the City Manager 1243 National City Boulevard, National City, CA 91950-4301 619/336-4240 Fax 619/336-4327 www.nationalcityca.gov Email cmo@nationalcityca.gov el 6 Responsibilities CCG Grantee: • Invite individuals or agencies to participate in the collaborative. • Create an atmosphere within the collaborative that facilitates and supports the process of community change. • Identify through periodic needs assessment the: o At -risk youth populations who need pregnancy prevention services. o Unique health concerns and needs of the populations. o Existing services and resources available in the community. o Gaps in unmet services and resources in the community. • Provide the above information in formats that members can use to develop or revise their needs analysis, logic model, and program plan. • Develop and implement an Annual Community Accountability Report. • Develop and implement (with support by Collaborative) a 3-Year Sustainability Plan. • Report on the collaborative activities in CCG progress reports. • Maintain membership lists, agendas, minutes and other documents as required by the CCG contract. Collaborative Members and CCG Grantee: Establish the TPP Community Collaborative's core values, mission statement, vision, 5-year goals, objectives, activities, milestones for evaluation, and a recruitment and retention plan. • Present an Annual TPP Community Accountability Report to community stakeholders about TPP Community Collaborative activities/accomplishments; mobilize support for teen pregnancy prevention efforts and/or services and present an update on the community's progress towards reducing teen pregnancy rates. • Increase awareness and promotion of youth sexual health issues and community resources. • Build support for people who work on youth sexual health issues. • Ensure input and participation from a broad spectrum of people. • Seek technical assistance and support from other collaborative members and state partners to address local issues. • Share current information about health, education, and support services for young people that might not otherwise be readily available. • Share program experiences, evaluations, and best practices with other collaboratives and/or coalitions. • Support community efforts to help youth avoid unintended pregnancy. • Support community efforts to sustain a pregnancy prevention program. • Support the process of changing the community's perception of teenage and unintended pregnancy. • Sign a letter stating their support of the Workplan. Office of the City Manager 1243 National City Boulevard, National City, CA 91950-4301 619/336-4240 Fax 619/336-4327 www.nationalcityca.gov Email cmo@nationalcityca.gov CI) Terms of Understanding • The term of this agreement is for the duration of the contract period beginning July 1, 2011 and ending June 30, 2016. • Meetings are to be on a quarterly basis. • Either the CCG grantee or the collaborative member may terminate this agreement. • Each collaborative member is responsible for his or her own expenses related to this agreement. There will not be an exchange of funds between the parties for tasks associated with this agreement. • The signing of this agreement is not a formal undertaking. It implies that the signatories will strive to reach, to the best of their ability, the stated purpose. Micha C. Suarez Ron Morrison Operation Samahan City of National City CCG Program Coordinator Mayor Signature Date Signature Date Office of the City Manager 1243 National City Boulevard, National City, CA 91950-4301 619/336-4240 Fax 619/336-4327 www.nationalcityca.gov Email cmo@nationalcityca.gov - EXECUTIVE SUIVINIARY MTH 2 YOUVI (10 t. • r:fK:V, • The mission of Operation Sainahan, Inc. (OS) is to promote better health and living conditions for all members of the community particularly among the indigent, low-income, uninsured and underserved individuals and families, by providing high quality, affordable and culturally accessible primary health care, health promotion and education, and multi -faceted .social services. With an operating budget of $5 million, OS serves about 20,000 patients and provides over 45,000 patient visits •a year. The Youth 2 Youth Center (Y2Y) is a department within OS that provides various programs to local youth to help them grow into successful adulthood. Conveniently located across the street from Sweetwater High School in National City, Y2Y provides a safe place for youth to access computers, do homework, watch movies, socialize, get involved in community events, hang out and receive confidential reproductive health education and services-. Local youth between the ages of 16-24 are trained to serve as Peer Educators to provide services to fellow youth in a comfortable, non -threatening way. Y2Y activities are currently supported by two teen pregnancy prevention grants from the California Department of Public Health (CDPH) Office of Family Planning (OFP) which are DInformation & Education (I&E) and 2) Community Challenge Grant (CCG), grants from the California Wellness Foundation and Title X, and a small grant from the San Diego HIV Funding Collaborative. OS is applying for $875,000 to get the CCG Program re -funded for the 2011-2016 cyele. Funds requested will be used to provide services to Medical Service Study Area (IVLSSA.) 1614 (Chula Vista Central and Northwest/National City West). If funded, CiS plans to reduce the number of teenage pregnancies and teenage single parents and promote responsible parenting and the involvement of the biological father in the economic, social, and emotional support of his children using the following objective's: comprehensive sexual health education (CSIIE), male involvement (MI) intervention,, peer -based outreach and education (PBE) and parent -child sexuality communication (PCC). By 2016, a minimum of 1375 youth will have suecessfully completed the CSHE objective using OFP-appreved curricula at traditional schools as well as juvenile court and community schools (ICCS). MI intervention consists of four parts: sex education and prevention instruction, mentoring, peer education and/or support groups, life planning/kill development, and fatherhood groups, and will be accomplished with the help of a subcontractor Turning The Hearts Center (THC). By 2016, a minimum of 750 youth will have: successfully completed the MI intervention, including a clinical tour of OS: Empowering local youth to become health advocates for their peers has always been at the core of operations at Y2Y. The program needs a minimum of 7 peer educators are needed each fiscal year. By 2016, a minimum of 35 local youth between the ages of 16-24 will be trained as well-rounded peer educators capable of teaching classes, conducting outreach, and performing general administrative tasks. OS also plans to organi7e a Let's Talk event annually to provide parents and youth skills and an avenue to facilitate communication about sex. With Y2Y having a strong reputation throughout the county as the premier provider of youth - friendly services, OS truly deserves to have the CCG Program funded for the 2011-2016 cycle. The administrative capabilities and experience of Y2Y staff are so strong that other currently funded OFF agencies in San Diego County regard OS as the front-runner to be the Teen Pregnancy Prevention Regional Network Lead Agency for the upcoming funding cycle. 2841 Highland Ave National City, CA 91950 619-477-4451 Phone 619-474-4514 Fax www.operafionsamahan.org Community Challenge Grant TPP COMMUNITY COLLABORATIVE MEMBER AGREEMENT FORM City L- Head Reference: MSSA 161 K (Chula Vista Central and Northwest / National City West) INSTRUCTIONS: Collaborative agreements exist between the CCG grantee and organizations or individuals who agree voluntarily to participate in the grantee's collaborative activities. The agreement identifies the purpose of the collaboration, the responsibilities of the grantee and members, and terms of understanding. Collaborative agreements are not formal contracts — they are simply informing members of the activities they are agreeing to participate in on behalf of the collaboration. Agreements are signed by persons authorized to enter into agreements for the organization, or by individual volunteers. Agreements are required for all organizations or individuals, including AFLP and Family PACT Providers, but are not required for subcontractors or consultants. The collaborative agreement language provided below should be completed and printed on agency letterhead. Agreements are maintained on file with the grantee's other records. TPP COLLABORATIVE AGREEMENT This agreement establishes a collaborative relationship between The City of National City and Operation Samahan. Purpose The purpose of the TPP Collaborative is to: • Meet the legislative requirements of California Welfare and Institutions Code (WI) Section 18993.4(a) that requires CCG grant programs to include a plan for "community collaboration with parents, local agencies, businesses, school leaders, community groups, and private organizations." • Convene a broad based group of community members committed to developing healthy youth and reducing risky behaviors. • Generate decisions, new insight or perspectives that could result in creative solutions for difficult issues; fostering action and promoting change related to teen pregnancy prevention issues. • To provide knowledge, skill, expertise and support to Operation Samahan in identifying the current community needs for the CCG program and teen pregnancy prevention services. Office of the City Manager 1243 National City Boulevard, National City, CA 91950-4301 619/336-4240 Fax 619/336-4327 www.nationalcityca.gov Email cmo@nationalcityca.gov L�? /0 Responsibilities CCG Grantee: • Invite individuals or agencies to participate in the collaborative. • Create an atmosphere within the collaborative that facilitates and supports the process of community change. • Identify through periodic needs assessment the: o At -risk youth populations who need pregnancy prevention services. o Unique health concerns and needs of the populations. o Existing services and resources available in the community. o Gaps in unmet services and resources in the community. • Provide the above information in formats that members can use to develop or revise their needs analysis, logic model, and program plan. • Develop and implement an Annual Community Accountability Report. • Develop and implement (with support by Collaborative) a 3-Year Sustainability Plan. • Report on the collaborative activities in CCG progress reports. • Maintain membership lists, agendas, minutes and other documents as required by the CCG contract. Collaborative Members and CCG Grantee: Establish the TPP Community Collaborative's core values, mission statement, vision, 5-year goals, objectives, activities, milestones for evaluation, and a recruitment and retention plan. • Present an Annual TPP Community Accountability Report to community stakeholders about TPP Community Collaborative activities/accomplishments; mobilize support for teen pregnancy prevention efforts and/or services and present an update on the community's progress towards reducing teen pregnancy rates. • Increase awareness and promotion of youth sexual health issues and community resources. • Build support for people who work on youth sexual health issues. • Ensure input and participation from a broad spectrum of people. • Seek technical assistance and support from other collaborative members and state partners to address local issues. • Share current information about health, education, and support services for young people that might not otherwise be readily available. • Share program experiences, evaluations, and best practices with other collaboratives and/or coalitions. • Support community efforts to help youth avoid unintended pregnancy. • Support community efforts to sustain a pregnancy prevention program. • Support the process of changing the community's perception of teenage and unintended pregnancy. • Sign a letter stating their support of the Workplan. Office of the City Manager 1243 National City Boulevard, National City, CA 91950-4301 619/336-4240 Fax 619/336-4327 www.nationalcityca.gov Email cmo@nationalcityca.gov Terms of Understanding • The term of this agreement is for the duration of the contract period beginning July 1, 2011 and ending June 30, 2016. • Meetings are to be on a quarterly basis. • Either the CCG grantee or the collaborative member may terminate this agreement. • Each collaborative member is responsible for his or her own expenses related to this agreement. There will not be an exchange of funds between the parties for tasks associated with this agreement. • The signing of this agreement is not a formal undertaking. It implies that the signatories will strive to reach, to the best of their ability, the stated purpose. Micha C. Suarez Ron Morrison Operation Samahan City of National City CCG Program Coordinator Mayor Signature Date Signature Date Office of the City Manager 1243 National City Boulevard, National City, CA 91950-4301 619/336-4240 Fax 619/336-4327 www.nationalcityca.gov Email cmo@natiorialcityca.gov RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE TEEN PREGNANCY PREVENTION COMMUNITY COLLABORATIVE GRANT AGREEMENTS BETWEEN THE CITY OF NATIONAL CITY AND OPERATION SAMAHAN, INC., IN SUPPORT OF OPERATIONS SAMAHAN'S APPLICATION FOR TWO FIVE-YEAR GRANTS TOTALING $875,000 IN FUNDING FROM THE CALIFORNIA DEPARTMENT OF THE PUBLIC HEALTH OFFICE OF FAMILY PLANNING WHEREAS, Operation Samahan, Inc., headquartered in National City since 1973, provides affordable and culturally accessible primary health care, health promotion, education, and multi -faceted social services to our community, with locations at the National City Clinic, Community Health Center, Youth 2 Youth Center, and Lincoln Acres; and WHEREAS, Operation Samahan is applying for grant funds in the amount of $875,000 from the California Department of Public Health (CDPH) Office of Family Planning (OFP) to provide teen pregnancy outreach services to several surrounding communities, including National City; and WHEREAS, for purposes of the grant, National City has been split into two separate Medical Service Study Areas (MSSA): National City East and National City West, with a Teen Pregnancy Prevention (TPP) Community Collaborative Grant Agreement for each MSSA; and WHEREAS, TPP Community Collaborative Grant Agreements, which identify the purpose of the collaboration, the responsibilities of the grantee and members, and the terms of understanding, exist between the Community Challenge Grant (CCG) grantee (Operation Samahan) and the organizations or individuals who agree voluntarily to participate in the grantee's collaborative activities; and WHEREAS, the purpose of the TPP Community Collaborative is to: • Meet the legislative requirements of California Welfare and Institutions Code (WI) Section 18993.4(a) that requires CCG grant programs to include a plan for "community collaboration with parents, local agencies, businesses, school leaders, community groups, and private organizations." • Convene a broad based group of community members committed to developing healthy youth and reducing risky behaviors. • Generate decisions, new insight or perspectives that could result in creative solutions for difficult issues; fostering action and promoting change related to teen pregnancy prevention issues. • To provide knowledge, skill, expertise and support to Operation Samahan in identifying the current community needs for the CCG program and teen pregnancy prevention services. Resolution No. 2010 — December 7, 2010 Page 2 WHEREAS, as members of the Collaborative, the City will be required to: • Assign City representative to participate in the collaborative, which includes school leaders, community groups, businesses, local agencies, private organizations, and a City representative to attend four quarterly meetings annually over the 5 year term of the grant; • Sign a letter of support of the Workplan; • Sign TPP Community Collaborative Member Agreement Forms. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute Teen Pregnancy Prevention Community Collaborative Grant Agreements between the City of National City and Operation Samahan, Inc., in support of Operation Samahan's application for two five-year grants totaling $875,000 in funding from the California Department of the Public Health Office of Family Planning. Said Agreements are on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of December, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dal►a, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: OM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a 20-year Lease between the City and the Boys' and Girls' Club of Greater San Diego, Inc., for the land and building located at 1430 D Avenue PREPARED BY: George H. Eiser, III iO4 DEPARTMENT: City Attorney December 7, 2010 AGENDA ITEM NO. 16 PHONE: Ext. 4221 EXPLANATION: Please see attached memorandum. APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: MIS N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: morandum Lease Resolution Mayor Ron Morrison Council Members Alejandro Sotelo-Solis Jess Van Deventer Rosalie Zarate CALIFORNIA NATioNAL - `NcogpOHATSD Office of the City Attorney City Attorney Claudia Gacitua Silva Legal Counsel George H. Eiser, III Senior Assistant City Attorney Jodi L. Doucette TO: Mayor and City Council DATE: November 23, 2010 FROM: George H. Eiser, III, Legal Counsel SUBJECT: Lease with Boys' and Giris' Club of Greater San Diego, Inc. In December, 2008, shortly after the Boys' and Girls' Club of National City ("BGCNC") merged with the Boys' and Giris' Club of Greater San Diego, Inc. ("BGCGSD"), the City entered into a month -to -month lease of its land and building at 1430 D Avenue (the "Leased Premises") with BGCGSD. In entering into the month -to -month lease, it was the understanding of the parties that a long-term lease would eventually be entered into. After many months of preparation, a proposed long-term lease has been approved by BGCGSD's representatives and is now ready for consideration by the City Council. The proposed lease, which is included with this agenda item, contains the following main points: • The term of the Lease is 20 years. • Rent is $1.00 per year. • Use of the Leased Premises is for a Boys' and Girls' Club only. • A provision for performance standards is included, which requires the Lessee to adhere to the Requirements for Membership as a Member Organization of the Boys and Girls Club of America. • Any assignment or subletting of the Lease requires the prior written consent of the City of National City. • The Lessee is responsible for routine maintenance and payment of utilities. • The Lessee is responsible for repairs, but the City must consent to all repairs or alterations costing over $5,000. • Typical insurance and indemnification requirements are included. • All signage shall be pre -approved by the City of National City. • The Lessee is responsible for all possessory interest taxes, if any. It should be noted that for the past several years, the City has without exception inserted in all its long-term leases an optional termination provision authorizing termination of the lease by the City in the City Council's discretion, conditioned upon paying the lessee the fair market value of all lessee improvements. Such a provision typically states the following: 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 Boys' and Girls' Club Lease October 26, 2010 Page Two Optional Termination by Lessor. This Lease may be terminated by Lessor, upon one year's written notice to Lessee, if Lessor determines, in its sole discretion, that the Leased Premises are needed for a public purpose. In the event of such termination, Lessor shall reimburse Lessee the Fair Market Value of all improvements installed by Lessee on the Leased Premises, as determined by an independent qualified appraiser retained by Lessor and subject to Lessee's reasonable approval. Notwithstanding anything to the contrary herein, Lessor may not exercise its option to terminate as set forth in this Section 15 during the initial five (5) years of the Lease, and may only exercise its option to terminate the Lease no sooner than the first day of the initial Option Period, if any. BGCGSD objected to the inclusion of the optional termination provision in the proposed lease, on the basis that such a provision would impede BGCGSD in its efforts to obtain grant funding from various sources. For this reason, the optional termination provision has not been included in the proposed lease. However, the City Council may direct that the provision be reinserted to reserve maximum flexibility to the City concerning the property. GEORGE H. EISER, III Legal Counsel GHE/gmo LEASE BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE BOYS & GIRLS CLUBS OF GREATER SAN DIEGO, INC. This Lease is made and entered into this 9th day of November, 2010, (the "Commencement Date"), by and between the City of National City, a municipal corporation, hereinafter designated as "Lessor", and the Boys & Girls Clubs of Greater San Diego, Inc., hereinafter designated as "Lessee." RECITALS Lessee is desirous of leasing from Lessor certain real property for the purpose of maintaining a clubhouse thereon, and for promoting the physical, mental, and moral well- being of the boys and girls of the City of National City, and for boys and girls in the immediate vicinity thereof. B. The use of said property for the purpose aforementioned will promote the general welfare of all the inhabitants of the City of National City. NOW, THEREFORE, the parties hereto agree as follows: 1. Leased Premises. Lessor does hereby lease, demise and let to Lessee the real property andimprovements situated in the City of National City, County of San Diego, State of California, commonly known as 1430 "D" Avenue, as more specifically described in the attached Exhibit "A", and shown on the attached Exhibit `B", which are incorporated herein by reference (the "Leased Premises"). 2. Term. The Term of the Lease shall be for a period of twenty (20) years from the date first written above. 3. Use. The above described premises are leased to Lessee by Lessor for the purpose of maintaining a Boys and Girls Club, and to be used exclusively and for no other purpose than to maintain said Boys & Girls Club, and to promote the physical, mental, and moral well-being of the boys and girls of the City of National City and territory adjacent thereto, and to provide such means of education, wholesome recreation, and proper guidance as may seem most likely and desirable for the accomplishment of the purposes herein set forth. 4. Legal Status of Lease. Lessee warrants that it is a California nonprofit corporation. 5. Rent. Lessor and Lessee acknowledge that the consideration for this Lease and any option period shall be the annual sum of One Dollar ($1.00) and the mutual benefit to be derived from Lessee's uses of the Leased Premises, as specified herein. 1 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego 6. Assignment and Subletting. This Lease shall not be assigned, sublet, hypothecated, leveraged, or transferred without the prior written consent of Lessor. 7. Repairs by Lessor. Lessor shall be required to make such repairs or replacements to the Leased Premises as may be required for normal maintenance and operation, which shall include the repairs and/or replacements to all structural portions of the building located on the Leased Premises, and all walls, floors, corridors, windows, HVAC, mechanical electrical, plumbing, paving and parking, exterior windows, and other structures and equipment within and serving the Leased Premises, and such additional maintenance as may be necessary because of damages by persons other than Lessee, its agents, employees, invitees, or visitors, all in accordance with standard practices for similar commercial buildings in the San Diego, California area. Lessor shall be responsible for extermination/pest control for the Leased Premises. Without limiting the foregoing, notwithstanding anything to the contrary set forth herein, if Lessor is required to make repairs to take other corrective action in the Leased Premises by reason of Lessee's negligent acts or negligent failure to act reasonably, Lessor shall have the right to recover from Lessee the reasonable cost of the repairs or other work. 8. Repairs by Lessee. Lessee agrees to repair or replace any damage or injury done to the Leased Premises, or any part thereof, caused by Lessee or Lessee's agents, employees, invitees, or visitors, at Lessee's own cost and expense within a reasonable time after written notice from Lessor. If Lessee fails to make such repairs or replacements within a reasonable time after written notice, Lessor may, at its option, make such repairs or replacements, and Lessee shall repay the cost thereof to the Lessor as additional rent within ten (10) days of written demand. However, for any repair work, other than repair work in emergency situations, costing over Five Thousand and no/100 Dollars ($5,000.00) to be performed by Lessee or Lessee's agents, Lessee shall not perform such repair work without the prior written consent of Lessor's City Manager or designee. Any repairs or replacements in or to the Leased Premises, other than repair work in emergency situations, which would require an expenditure exceeding Five Thousand and no/100 Dollars ($5,000.00) and which constitute a "public project" under Section 20161 of the California Public Contract Code, shall be contracted for/by Lessor and let to the lowest responsible bidder after notice. 9. Routine Maintenance by Lessee. From and after the Commencement Date and during the Term, Lessee shall, at its own cost and expense, make all repairs and replacements required by this Lease, reasonable wear and use excepted, and excepting those repairs to be made by Lessor as set forth in Section 7 above. 10. Waste. Lessee shall not commit waste (property abuse, destruction, or damage) beyond normal wear and tear of the Leased Premises. 2 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego 11. Improvements, Alterations, and Additions. Lessee shall not make or allow to be made any major alterations or physical additions in or to the Leased Premises which affect the structure or any other improvements and costing more than Five Thousand and no/100 Dollars ($5,000.00) without first obtaining the prior written consent of Lessor's City Manager or designee, which consent shall not be unreasonably withheld. All work shall be done by contractors approved by Lessor. Any alterations or physical additions in or to the Leased Premise that would require an expenditure exceeding Five Thousand and no/100 Dollars ($5,000.00), and which constitute a "public project" under Section 20161 of the California Public Contract Code, shall be contracted for/by Lessor and let to the lowest responsible bidder after notice. Any and all such alterations, physical additions, or improvements, when made to the Leased Premises by Lessee, shall at once become the property of Lessor and shall be surrendered to Lessor upon the termination of this Lease by lapse of time or otherwise; provided, however, this clause shall not apply to trade fixtures, equipment, or furniture owned by Lessee. Any Lessee improvements, alterations or additions shall comply with all government, local building code, perniitting, and competitive bidding requirements. Lessee shall give Lessor written notice five (5) days prior to employing any laborer or contractor to perform major work on the Leased Premises so that Lessor may post a notice of non -responsibility, if allowed by law. Lessee shall not be required to remove alterations, physical additions, or improvements upon termination of this Lease 12. Utilities. Lessee will be responsible for payment of utilities, including but not limited to electric, gas, telephone, security, fire alarm, sewer, trash, and water. Lessee understands that it is responsible for the proper disposal of debris in the designated trash receptacles provided by the Lessor. No trash is to be placed in front of or on the sides of the container nor should any trash be placed on top of the lids. Lessee further understands that it will be billed accordingly for not disposing of trash in the proper manner, which includes breaking down all boxes and containers prior to being placed in the trash bins. 13. Indemnity and Insurance. a. Disclaimer of Liability. Lessor shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Lessee's construction, maintenance, repair, use, operation, or dismantling of the Leased Premises except to the extent caused by Lessor's negligence or willful misconduct. b. Indemnification. Lessee shall, at its sole cost and expense, defend, indemnify, and hold harmless Lessor and its officials, hoards, commissions, employees, agents, attorneys, and contractors (hereinafter referred to as "indenmitees"), from and against: 3 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses, including without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants, which may arise out of or be in any way connected with Lessee's construction, maintenance, repair, use, operation, or dismantling of the Leased Premises or Lessee's failure to comply with any federal, state, or local statute, ordinance or regulation. ii. Lessee's obligations to indemnify indemnitees under this Lease shall not extend to claims, losses, and other matters covered hereunder to the extent such claims arise out of the negligence or willful misconduct of one or more indemnitees. c. Assumption of Risk. Lessor warrants that it does not have knowledge that a dangerous condition exists at the Premises except as may be specifically set forth in this Lease. Lessee undertakes and assumes for its officers, agents, affiliates, contractors and subcontractors, and employees (collectively for the purpose of this section), all risks of unknown dangerous conditions, if any, on or about the Leased Premises, and Lessee hereby agrees to indemnify and hold harmless Lessor against and from any claim asserted or liability imposed upon the Indemnitiees for personal injury or property damage to any person (other than from Indemnitee's negligence or willful misconduct) arising out of Lessee's construction, maintenance, repair, use, operation or dismantling of the Leased Premises or Lessee's failure to comply with any federal, state, or local statute, ordinance or regulation. d. Defense of Lessor. In the event any action or proceeding shall be brought against Lessor by reason of any matter for which Lessor is indemnified hereunder, Lessee shall, upon notice from Lessor at Lessee's sole cost and expense, resist and defend the same with legal counsel mutually selected by Lessor and Lessee, provided however, that Lessee shall not admit liability in any such matter on behalf of Lessor without prior written consent of Lessor's City Manager or designee, which consent shall not be unreasonably withheld, and provided further that Lessee shall not admit liability for, nor enter into any compromise or settlement of, any claim for which it is indemnified hereunder, without the prior written consent of Lessor, which consent shall not be unreasonably withheld. e. Notice, Cooperation and Expenses. Lessee shall give Lessor prompt notice of the making of any claim or the commencement of any action, suit, or other proceeding covered by the provisions of this paragraph. Nothing herein shall be deemed to prevent Lessor from cooperating with Lessee and participating in the defense of any litigation by Lessor's own counsel. 4 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego f. Insurance. During the term of the Lease, Lessee shall maintain, or cause to be maintained, in full force and effect and at its sole cost and expense, the following types and limits of insurance: g. i. Worker's compensation insurance meeting applicable statutory requirements. ii. Commercial general liability insurance with minimum limits of Two Million and no/100 Dollars ($2,000,000.00) as the combined single limit for each occurrence of bodily injury, personal injury, and property damage. iii. At the start of and during the period of any construction by Lessee, builders all-risk insurance, together with an installation floater or equivalent property coverage covering cables, materials, machinery, and supplies of any nature whatsoever which are to be used in or incidental to the installation of improvements. iv. All policies other than for Worker's Compensation shall be written on an occurrence and not on claims made basis. v. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated. vi. Lessee shall furnish certificates of insurance to Lessor before commencement of the Lease term. Named Insureds. All policies, except for worker's compensation policies, shall name Lessor and its officials, boards, commissions, employees, agents, and contractors, as their respective interests may appear, as additional insureds (herein referred to as the "Additional Insureds"), and a separate additional insured endorsement shall be provided. Evidence of Insurance. Certificates of Insurance of each insurance policy required to be obtained by Lessee in compliance with this paragraph, along with written evidence of payment of required premiums shall be filled and maintained with Lessor annually during the term of the Lease. Lessee shall immediately advise Lessor of any claim or litigation that may result in liability to Lessor. Cancellation of Policies of Insurance. All insurance policies maintained pursuant to this Lease shall contain the following endorsement: 5 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego At least thirty (30) days' prior written notice shall be given to Lessor by the insurer of any intention not to renew such policy or to cancel, replace, or materially alter same. Insurance Companies. All insurance shall be affected under valid and enforceable policies, insured by insurers licensed to do business by the State of California or surplus carriers on the State of California Insurance Commissioner's approval list of companies qualified to do business in the State of California. All insurance carriers and surplus line carriers shall be rated A+ or better by A.M. Best Company, or as otherwise approved by Lessor's Risk Manager. Deductibles. All insurance policies may be written with deductibles not to exceed $50,000 unless approved in advance by Lessor's Risk Manager. Lessee agrees to indemnify and save harmless Lessor, the indemnitees, and Additional Insureds from and against the payment deductible and from the payment of any premium on any insurance policy required to be furnished by the Lease. 1. Contractors. Lessee shall require that each and every one of its contractors and their subcontractors who perform work on the Leased Premises on behalf of Lessee to carry in full force and effect, workers' compensation, comprehensive commercial general liability, and automobile liability insurance coverages of the type which Lessee is required to obtain under the terms of this paragraph with appropriate limits of insurance. m. Responsibility after Termination. Upon termination of the Lease, each party shall remain responsible to the other for any and all liabilities, obligations, damages, penalties, claims, liens, costs, charges, losses, and expenses arising under the Lease which arose out of the Lease and occurred prior to such date of termination. n. Review of Limits. Once during each calendar year during the term of the Lease, Lessor may review the insurance coverages to be carried by Lessee. If Lessor determines that higher limits of coverage are necessary to protect the interests of Lessor or the Additional Insureds, Lessee shall be so notified, and shall obtain the additional limits of insurance, at its sole cost and expense. 14. Inspection. Lessor, by and through its proper officers, reserves and shall always have the right, upon reasonable notice and at a reasonable time, to enter the Leased. Premises for the purpose of viewing and ascertaining the conditions of the same and the operation and maintenance thereof. 6 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego 8 15. Removal of Personal Property. At the termination or expiration of this Lease or any renewal thereof, Lessee shall, within ninety (90) days of written request by Lessor, remove any and all personal property not owned by Lessor, placed or erected on the premises during the term thereof, or any renewal thereof, and that all expense connected with such removal shall be borne by Lessee. Lessor shall have the right to sell, destroy, remove, or otherwise dispose of any such personal property left on the premises longer than ninety (90) days after termination of this Agreement. The premises shall be left by Lessee in a clean, neat, and safe condition, and the exclusive possession and use of the property shall revert to Lessor. 16. Non -Discrimination. Lessee agrees that there shall be no discrimination against or segregation of any person or group of persons because of race, color, creed, national origin, sex, sexual orientation, ancestry, marital status, physical handicap, or medical condition in the use occupancy or enjoyment of the property, nor shall Lessee, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of users of the property. 17. Waiver. The failure or omission of Lessor to terminate this Lease for any violations of any of its terms, conditions, or covenants shall in no way be deemed to be a consent by Lessor to such violation, and shall in no way bar, stop, or prevent Lessor from terminating this Lease thereafter, either for such or for any subsequent violation of any such term, condition, or covenant. 18. Signs. Lessee agrees that no sign, advertisement, or notices shall be inscribed, painted or affixed on or to any part or portion of the outside of the Leased Premises except to be of such type and color, size and style, and in such place as may be approved by Lessor. Any additional signage or changes to existing signage after the Commencement Date will require Lessee to pay for and obtain all regulatory approvals (permits) for the Leased Premises. 19. Waiver of Relocation Assistance. In consideration for the execution of this Lease by Lessor, Lessee hereby waives any claim for relocation assistance benefits to which it may otherwise be entitled under federal, state, or local law or regulations, upon vacation of the Leased Premises. 20. Americans with Disabilities Act. Upon commencement of this Lease, Lessee shall comply, at its sole cost, with requirements of ADA which provides for the removal of architectural barriers that prevent equal access to disabled persons on the interior of the Leased Premises. Through the duration of the Lease, Lessor shall comply, at its sole cost, with requirements of the ADA which provides for the removal of architectural barriers that prevent equal access to disabled persons on the exterior of the Leased Premises. Lessor warrants that the Premises will be ADA compliant at the time possession is delivered to Lessee. 7 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego 21. Compliance with Environmental and Other Laws. Lessee shall not engage in activities upon the Leased Premises, or any portion thereof, for the purpose of or anyway involving the handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge or disposal (whether legal or illegal, accidental or intentional), or any hazardous or toxic substances, materials or wastes, or any wastes regulated under any local, state, or federal law; provided, however, normal quantities and use of those hazardous or toxic substances or materials customarily used in the conduct of Lessee's permitted uses, such as paints, stains, solvents, and similar materials, may be used and stored by Lessee at the Leased Premises. Lessee shall be, and remain for the term of this Lease, in full compliance with all applicable laws governing the use and occupancy of the Leased Premises including, without limitation, the handling, manufacturing, treatment, storage, disposal, discharge, use, and transportation of hazardous or toxic substances, materials or wastes, and any wastes regulated under any local, state, or federal law. Lessee has been advised that no digging or excavation at the site will be authorized without appropriate environmental oversight. 22. Obstruction. Except as permitted by this Lease, and except for those materials customarily used in the conduct of Lessee's permitted uses, Lessee shall not place, install, maintain, or allow any combustible materials in buildings, structures, or other improvements upon the Leased Premises, and shall not cause or allow the surface elevation therein to be changed in any way whatsoever, without prior written approval of Lessor's City Manager or designee. 23. Lessee's Obligation to Quit. Lessee shall, upon termination of this Lease, leave and peaceably and quietly surrender and deliver to Lessor the Leased Premises and all improvements, buildings, and fixtures hereon or constituting a part thereof, and any replacements or renewals thereof in a good condition, order, and repair as the same were at the Commencement Date or thereafter may have been put, reasonable wear and use excepted. Notwithstanding the foregoing or anything in this Lease to the contrary, Lessee shall have the right at any time during this Lease to remove from the Leased Premises Lessee's trade fixtures, furniture, equipment, and personal property, provided that Lessee repairs any damage caused by such removal. 24. Termination. This Lease may be terminated as follows: a. In the event that during the term of this Lease, funding to operate the Club is either eliminated or reduced to a point so as to render continued operation of the Club impractical or impossible, Lessee may terminate the Lease upon ninety (90) days' written notice to the Lessor. b. By Lessor upon the occurrence of one or more of the following defaults ("Defaults"), and the failure of Lessee to cure any such Default within any applicable grace period. 8 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego 1� i. The failure of Lessee to provide reasonable evidence of insurance within thirty (30) days of the renewal of any policy required herein; ii. The failure of Lessee to fulfill any obligation of Lessee under this Lease which endangers or threatens life or property, where such failure continues for a period of five (5) business days following written notice from Lessor. iii. A failure by Lessee to perform any material obligation of Lessee (other than those described above), where such failure continues for a period of thirty (30) days after written notice from Lessor; provided, however, that if the nature of Lessee's failure to perform is such that more than thirty (30) days are reasonably required for its cure, then it shall not be deemed to be a Default if Lessee commences such cure within said thirty (30) day period, and thereafter diligently prosecutes such cure to completion. iv. The failure by Lessee in conducting its activities to adhere to the provisions of the Requirements for Membership as a Member Organization of the Boys and Girls Club of America, as amended from time to time, the current version of which is attached hereto as Exhibit "C" and incorporated herein by reference c. By Lessee, for Lessor's breach of any covenant, obligation, or condition contained in this Lease which is not cured within thirty (30) days immediately following written notice from the Lessee of such alleged breach, provided, however, that if the nature of Lessor's failure to perform is such that more than thirty (30) days are reasonably required for its cure, then it shall not be deemed to be a Default if Lessor commences such cure within said thirty (30) day period, and thereafter diligently prosecutes such cure to completion. d. By mutual agreement of the Parties hereto. e. By expiration of the Term. f. Notwithstanding anything in this Lease to the contrary, upon termination of the Lease, neither Lessor nor Lessee shall have any further obligations or responsibilities under the Lease or relating to the Leased Premises, and each party shall be deemed to have released the other from any such further obligations or responsibilities without the need for further action. Notwithstanding the foregoing, each party shall remain responsible to the other for any obligations arising under the Lease which occurred prior to such date of termination. 9 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego 25. Lessor Remedies upon a Lessee Default. If Lessee is in Default and has failed to cure such Default within any applicable grace period, Lessor may, at its option, perform such duty or obligation giving rise to the Default on behalf or Lessee, including but no limited to the obtaining of reasonably required insurance policies, or government licenses, permits, or approvals. The costs and expenses of any such performance by Lessor shall be due and payable by Lessee within ten (10) days of receipt of invoice therefore. If any check given to Lessee shall not be honored by the bank upon which it is drawn, Lessor, at its option, may require all future payments to be made by Lessee to be by cashier's check. In the event of a Default which Lessee has failed to cure within any applicable grace period, or undertaken reasonable action to cure within any applicable grace period, Lessor may, with or without future notice or demand, and without limiting Lessor in the exercise of any right or remedy which Lessor may have by reason of such Default, terminate the Lessee's right to possession of the Leased Premises by any lawful means; continue the Lease; and /or pursue any other remedy now or hereafter available under the laws or judicial decision of the State of California. 26. Lessee's Remedies Upon a Lessor Default. Lessor shall be in default under this Lease ("Lessor Default") if Lessor fails to perform any of the obligations of Lessor under this Lease, and such failure continues for a period of thirty (30) a days after written notice from Lessee; provided, however, that if the nature of Lessor's failure to perform is such that more than (30) days are reasonably required for its cure, then it shall not be deemed to be a Lessor Default if Lessor commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. The rights and remedies of Lessee upon a Lessor Default shall be cumulative, and upon a Lessor Default Lessee may pursue any and all rights and remedies at law or in equity, whether at the same time or otherwise. 27. Hazardous Substances. Lessee shall indemnify, protect, and hold harmless Lessor and each of its respective subsidiaries from and against all costs and damages incurred by Lessor in connection with the presence, emanation, migration, disposal, release, or threatened release of any oil or other petroleum products or hazardous materials or substances on, within, or to or from the Leased Premises as a result of (i) the operations of Lessee after the Commencement Date, and (ii) the activities of third parties affiliated with Lessee or invited on the Leased Premises by Lessee after the Commencement Date and during the term of this Lease. Each party agrees that such party will promptly give written notice to the other party of any investigation, claim, demand, lawsuit, or other action by any governmental or regulatory agency or private party involving the Leased Premises and any hazardous substance or environmental law of which such party has actual notice. 28. Taxes. Lessee recognizes and understandsthat this Lease may create a possessory interest subject to property taxation, and that Lessee may be subject to the payment of property taxes levied on such interest. Lessee further agrees to pay any and all property taxes, if any, assessed during the term of this Lease, 10 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego pursuant to Section 107 and 107.1 of the Revenue and Taxation Code, against Lessee's possessory interest in the Leased Premises. 29. Representations and Warranties. The parties represent and warrant that they have powers adequate for the execution, delivery, and perforniance of their obligations under this Lease; they have taken all necessary actions required to make this Lease the valid and enforceable obligation it purports to be, and this Lease has been duly executed and delivered. 30. Severability; Choice of Law. If any provision of this Lease shall be declared to be void or unenforceable either by law or by a court of competent jurisdiction, the validity or enforceability of remaining provisions shall not thereby be affected. 31. Brokers. Each party hereto represents and warrants to the other that it has not dealt with any broker in connection with the Leased Premises or this Lease. Each party hereto hereby indemnifies and holds the other harmless from and against any liability for commissions due any broker of finder with whom such party has dealt in connection with this Lease. 32. Mailings and Noticing. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile, fax or email; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice; (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility; (iii) if mailed by registered, certified, or ordinary mail, three (3) days (five (5) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service; (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid; or (v) if given by telex, telecopy, facsimile, fax, or email, when sent. Any payment, notice, request, demand, direction, or other communication delivered or sent as specified above shall be directed to the following persons: To the Lessor: Chris Zapata, City Manager City of National City 1243 National City Boulevard National City, California 91950-4397 Email: czapata(unationalcityca.gov Phone: 619-336-4240 Fax: 619-336-4327 11 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego 13 With a copy to: To the Lessee: Claudia G. Silva City Attorney City of National City 1243 National City Boulevard National City, CA 91950 Email: csilva@nationalcityca.gov Phone: 619-336-4222 Fax: 619-336-4327 Danny Sherlock President Boys and Girls Clubs of Greater San Diego, Inc. 115 West Woodward Escondido, CA 92025 Email: dsherlock(c�sdyouth.org Phone: 760-746-3315 Fax: 760-740-0240 With a copy to: Laura Bright, Esq. White and Bright, LLP 970 Canterbury Place Escondido, CA 92025 Email: lbri,ght(a�whiteandbright.com Phone: 760-747-3200 Fax: 760-747-5574 33. Entire Agreement. This Lease supersedes any prior agreements, negotiations, and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. 34. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength; (ii) each party has actively participated in the drafting, preparation and negotiation of this Lease; (iii) each such party has consulted with or has. had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Lease; (iv) each party and such party's counsel and advisors have reviewed this Lease; (v) each party has agreed to enter into this Lease following such review and the rendering of such advice; and (vi). any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Lease, or any portions hereof, or any amendments hereto. 12 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego 35. No Agency. Nothing in this Lease Agreement shall cause or imply any agency relationship or duty between Lessor and Lessee. 36. Counterparts. This Lease may be signed in counterparts. 37. Recordation. This Lease may be recorded by either party hereto. IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement to be executed by their duly authorized officers or representatives as of the day and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney 13 THE BOYS & SAN MEG (Corporation - anny Sherlock President and CEO JBS OF GREATER orate officers) By: /1441 Robert Burson Board Chairman Lease Between City of National City and Boys and Girls Clubs of Greater San Diego NOTARY ACKNOWLEDGMENT State of California ) County of San Diego ) On , 2010, before me, , a Notary Public, personally appeared RON MORRISON, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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. WITNESS my hand and official seal. Signature Signature of Notary State of California ) County of San Diego ) On , 2010, before me, , a Notary Public, personally appeared CLAUDIA G. SILVA, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person 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. WITNESS my hand and official seal. Signature Signature of Notary 14 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego NOTARY ACKNOWLEDGMENT State of California ) County of San Diego ) On if -go , 2010, before me, 41,4 J-rt_ �iL " , a Notary Public, personally appeared DANNY SHERLOCK, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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. WITNESS my hand and official seal. Signature Signature of Notary LAURA B. BRIGHT Commission # 1824911 Notary Public • California San Diego County PAy Comm. Expires Dec 22 2612 State of California ) County of San Diego ) On IkWidjeri, 2010, before me, S 'I:30 /" , a Notary Public, personally appeared ROBERT BURSON, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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. WITNESS my hand and official seal. ,d • OP Signature Signature of Notary 15 1 ease Between City of National City and Boys and Girls Clubs of -Greater San Diego 1� EXHIBIT "A" That portion of Blocks 3 and 4 per Map No. 552, Records of San Diego County, California, November 4, 1914, together with closed and vacated to public use portions of 14th Street, 15tt' Street and C Avenue, described as follows: COMMENCING at the Southeast corner of said Block 4; Thence along the Southerly prolongation of the Easterly line of said Block 4, South 17°47'04" East, 4.24 feet to the POINT OF BEGINNING; 1. Thence leaving said line, South 71 ° 56' 15" West, 249.51 feet; 2. Thence South 28° 47' 57" West, 16.17 feet; 3. Thence North 79° 32' 30" West, 9.76 feet; 4. Thence North 88° 10' 29" West, 10.10 feet; 5. Thence South 81 ° 39' 55" West, 10.18 feet; 6. Thence South 68° 32' 00" West, 48.87 feet; 7. Thence North 71 ° 20' 52" West, 29.69 feet; 8. Thence North 67° 43' 17" West, 19.80 feet; 9. Thence North 61 ° 15' 54" West, 39.52 feet; 10. Thence North 30° 13' 16" West, 15.13 feet; 11. Thence North 23° 22' 20" East, 37.88 feet; 12. Thence North 37° 26' 19" East, 69.13 feet; 13. Thence North 43° 43' 42" East, 79.18 feet; 14. Thence North 51 ° 18' 19" East, 19.29 feet; 15. Thence North 60° 34' 10" East, 128.19 feet; 16. Thence North 16° 40' 03" West, 41.65 feet; 17. Thence North 34° 52' 24" East, 27.92 feet; 18. Thence North 71 ° 34' 26" East, 89.80 feet to the Northerly prolongation of Easterly line of said Block 4; 19. Thence along said line, South 17° 47' 04" East, 266.11 feet to the POINT OF BEGINNING. Said land contains 75, 760 S.F., more or less. This legal description has been prepared by me, or under my direction, in conformance with the Professional Iand urveyors Act. Signature: Jot n R. Berggren, L.S. 6000 Lic nse Expires 12/31/2010 Date: January 4, 2009 LINE TABLE LINE BEARING DISTANCE LINE BEARING DISTANCE Lt S71'56'15"W 249.51' L11 S23'22'20"W 37.88' L2 S28'47'57"W 16,17' L12 N37'26'19"E 69.13' L3 S79'32'30'E 9.76' L13 N43.43'421 79,18' L4 S88'10'29"E 10.10' L14 N51'18'19"E 19.28' L5 N81'39'55"E 10.18' L15 S60'34'10'W 128.19' L6 N68'32'00"E 48.87' L16 S16'403"E 41.65' L7 S71'20'52"E 29.69' L17 S34'52'24"W 27.92' L8 N67'43'17"W 19.80' L18 S71'34'26"W 89.80' L9 N61'15'54"W 39.52' L19 S17'47'04"E 266.11' L10 S30'13'16"E 15.13' MAP 552 \ BLOCK 3 L10 49 L8 06 BLOCK 4 l POINT OF i/ COMMENCEMENT 0 CURRENT SOUTHEAST LEASE CORNER OF \ q�� '.` AREA BLOCK 4 4.24' 2 G \ \\ g .` • L4 V, l L6 5 L2 L3 \\ POINT OF BEGINNING NEW LEASE AREA = 75,670 SF Exhibit B SCALE 1'= 100' IN ASSOCIATION WITH: TETRA TECH BERGGREN & ASSOCIATES LAND SURVEYING AND RIGHT OF WAY MAPPING 6046 CORNERSTONE COURT WEST #116 SAN DIEGO, CALIFORNIA 92121 (858) 824-0034 / (858) 824-0036 ci Exhibit "C" REQUIREMENTS FOR MEMBERSHIP RIGHTS AND RESPONSIBILITIES When an organization is accepted as a Member Organization of Boys & Girls Clubs of America the following rights and privileges of membership are conferred: • The right to be identified with the Boys & Girls Club Movement. • The right to receive services from Boys & Girls Clubs of America. • The right to participate in and vote at annual meetings of the National Council. Member Organizations assume the following obligations: • To fully comply with all requirements for membership and operating standards adopted by the National Council. • To act in accordance with the Constitution of Boys & Girls Clubs of America and any policies or procedures adopted by the National Council. Boys & Girls Clubs of America, the national organization, assumes the following responsibilities to its Member Organizations: • To uphold the articles and provisions of the Constitution. • To assist with the establishment of new Boys & Girls Clubs. • To provide services to further the purposes of the Boys & Girls Club Movement. Article I — Eligibility Requirements* * (The National Council passed a resolution at the August 25, 2010 meeting to allow organizations under the auspices of an umbrella organization to apply for an exemption from certain membership requirements.) Any corporation, association, or administrative committee or otherwise named governing body of responsible citizens, selected irrespective of race, color, creed, sex, age, religion, disability, or national origin may be elected to membership by the Board of Governors or Executive Committee of Boys & Girls Clubs of America if it meets the following requirements: Section 1 — Definitions A. "Member Organization" shall mean a corporation, association, administrative committee or otherwise named governing body which operates one or more Clubs in accordance with requirements and operating standards herein, and which has been admitted to membership in the Boys & Girls Clubs of America. B. _`Club" shall mean a Club or Unit which meets the requirements and operating standards established herein and has been chartered by Boys & Girls Clubs of America. C. "Extension Club" shall mean a Club meeting the requirements and operating standards set forth in Article III below and operated as an extension of a parent Club and whose members are also members of the parent Club, and are eligible to participate in its activities. Section 2 — Name It shall have as the first words in its title "Boys & Girls Club(s) of..." Section 3 - Purpose It shall include in its •uroose the health, social, educational, vocational, character development and guidance of the members of the Clubs it operates. Section 4 — Organization A. It shall have a board of directors. executive committee, administrative committee, or otherwise named governing body of responsible citizens and shall designate one member of such a governing bodv who is not an employee of such Member Oraanization or of the Clubs it operates as the Chief Volunteer Officer. Such governing body shall have complete authority and control over all aspects of the Member Organization's o erations ro rams finan es facilities and ersonnel Boys & Girls Clubs of America shall have no authority whatsoever with respect to any such control or authority of any such overnin body_ B. No more than two of the members of such governing body may be employees of such Member Organization or of the Clubs it operates. C. It shall operate one or more Clubs which meet the requirements for membership and operating standards. Section 5 — Constitution, By-laws, Rules It shall be governed by a Constitution, by-laws or rules which are not inconsistent with the requirements for membership. Section 6 — Chief Professional Officer It shall employ a full time paid professional (the "Chief Professional Officer") who shall be responsible directly to the aforesaid governing body and shall have executive and administrative control of the activities and personnel of the Member Organization in accordance with policies and procedures established by said governing body. Each newly appointed Chief Professional Officer who has not been a Chief Professional Officer of another Member Organization shall attend a new Chief Professional Officer orientation sponsored by Boys & Girls Clubs of America within the first eight (8) months of such appointment. Section 7 — Funding It shall have funds in hand or pledged for the first year of operation, and there shall be a financial plan of funds for operation in future years. Section 8 — Service Mark It shall display the current service mark of Boys & Girls Clubs of America on the outside of its buildings and on all appropriate printed matter and comply with approved graphic standards. Article II — Operating Standards for Member Organizations Each Member Organization shall: Section 1 — Audit Cause an audit of its financial accounts to be made and reported upon annually by an independent certified public accountant and cause a copy of such audit and SAS 112 letter. if issued thereof to be sent to Boys & Girls Clubs of America within nine (9) months of the close of its fiscal year and shall maintain its financial records in accordance with generally accepted accounting principles for non- profit organizations. Member Organizations with annual revenues totaling less than $250.000 may submit a review of financial statements by an independent certified public accountant in lieu of such audit. Section 2 — Compliance Com•Iv with all applicable federal, state and local laws and re ortin requirements and conduct its business with high ethical standards. Section 3 — Records Keep satisfactory records of the youth served by the Clubs it operates, their activities, programs and attendance. Section 4 — Dues Pay to Boys & Girls Clubs of America annual membership dues as determined by the National Council. Section 5 — Benefits A. Make the following benefits available to its full time employees and pay at least 50 percent of the cost of such benefits: I. Comprehensive major medical coverage. II. Group life insurance. III. A retirement program which is qualified under applicable Internal Revenue Service regulations. IV. A long term disability plan. B. Maintain a salary structure that is competitive with other local organizations and agencies seeking similarly trained and experienced people. C. Review, at least annually, its employment policies and procedures and take requisite steps to achieve or maintain compliance with equal employment opportunity regulations based on applicable federal, state and local laws and regulations as are in effect from time to time. Section 6 — Liability Insurance Z3 Maintain comprehensive, general liability coverage with a combined minimum single limit of coverage in the amount of at least $1 million which shall be extended to name Boys & Girls Clubs of America as an additional insured and file a certificate of insurance with Boys & Girls Clubs of America annually. Section 7 — Organizational Assessment * A. Conduct, every third year, an organizational assessment in consultation with Boys & Girls Clubs of America and utilizing its respective governing body, staff, and other appropriate entities based on "Standards of Operational Effectiveness" approved by the National Council and submit a report of this assessment to Boys & Girls Clubs of America. (* The National Council passed a resolution on May 17, 2007 exempting military organizations from this requirement.) B. Maintain a rating of "operational" as defined by the "Standards of Operational Effectiveness". Such rating shall be determined and assigned by the governing body of each Member Organization. Section 8.-- Communication Maintain at least one computer capable of electronic communication with Boys & Girls Clubs of America. Section 9 — Background Checks Conduct criminal background checks of all employees and volunteers who have repetitive direct contact with children. Such checks should be of the type that would disclose at minimum. sexual offenders and include a social security number trace and a national criminal file check. Such checks shall be conducted prior to employment and at regular intervals not to exceed twenty-four (24) months. Section 10 — Code of Ethics Establish and maintain a Code of Ethics that addresses. at minimum, conflicts of interest, records retention and whistleblower protection in accordance with best practices for non-profit organizations. All staff and board members will sign the Code of Ethics each year. Section 11 — Annual Report Render to Boys & Girls Clubs of America an annual report of its organization. membership activities. attendance, finances and cause the Chief Professional Officer and Chief Volunteer Officer to attest to compliance with the requirements for membership and operating standards. .b Article III - Operating Standards for Clubs and Extension Clubs Each Club which meets the following operating standards may be chartered as a Club by the Board of Governors or Executive Committee of Boys & Girls Clubs of America. Section 1 — Facilities It shall have a Clubhouse or separate Club quarters which can be identified as a Club for its members. Use by any others shall not substantially limit the use of rooms, facilities and equipment by the members. It shall have sufficient floor area and room spaces, suitably equipped for carrying on a diversified and constructive program of activities. Section 2 - Unit Director Each Member Organization shall employ a Unit Director for each separate Club it operates for at least as many hours per week as such Club is in operation. The Chief Professional Officer of the Member Organization may, however, act as a Unit Director of one of such Clubs. Section 3 - Club Staff Each Club shall have and maintain sufficient paid and volunteer staff qualified in personality, character, experience, education and training for the leadership and guidance of its members. Each activity of each such Club shall be supervised by Club staff qualified to supervise such activity. Section 4 - Members Each Club shall have at least one hundred members enrolled in any twelve- month period, who shall be between the ages of 6 and 18. Each Extension Club shall have at least 50 members between the ages of 6 and 18 enrolled in any twelve-month period. Membership dues and fees shall be within the means of its members and shall not be so large as to exclude any individual from membership and participation. Section 5 — Extent of Operations Each Club shall be open and shall make activities available to its members at least ten months per year, five days per week and four hours per day. Each Extension Club shall be open and shall make activities available to its members at least eight months per year, three days per week and three hours per day. Section 6 — Activity Access aio Each Club shall be available for use by any and all members in all the days and hours such Club is open, to the extent feasible in light of the available facility and activity schedules which are subject to reasonable age and individual restrictions. �7 Section 7 — Program Each Club shall maintain a high quality program of varied and diversified activities and shall conduct an annual 'roe ram assessment using standards adopted by the National Council. There shall be no instruction in or promotion of any sectarian or political belief. Section 8 — Safety Each Club facility shall be maintained in a satisfactory state of cleanliness and sanitation and shall comply with all applicable federal, state and local laws for protection and safety. Membership Dues Each Member Organization shall pay dues annually to Boys & Girls Clubs of America based on its total operating expenses of the previous year. The amount of dues is determined by the following formula: CLUB OPERATING EXPENSES RATE OF DUES PAYABLE $99,999 or less 1.25 percent of the total amount. $100,000-$199,999 $1,500 plus 1 percent of the excess over $100,000 $200,000-$499,999 $2,500 plus .5 percent of the excess over $200,000 $500,000-$999,999 $4,000 plus .25 percent of the excess over $500,000 $1,000,000 — $4,999,999 $6,000 plus .25 percent of the excess over $1,000,000 Over $5,000,000 $15,000 plus .25 percent of the excess over $5,000,000 Dues are payable in full by October 1. Membership of a Member Organization may be terminated for non-payment of dues. A system of fees for special services, which are unusual and over and above those normally expected to result from the payment of dues, shall be established by the President of Boys & Girls Clubs of America with the approval of the Board of Governors. BOYS & GIRLS CLUBS OF AMERICA STANDARDS OF ORGANIZATIONAL EFFECTIVENESS May 2006 As revised and approved by the National Council of Boys & Girls Clubs of America at its annual meeting in May 2006 Review of Compliance with Membership Requirements Is your organization in compliance with the following BGCA's Requirements for Membership? Yes No Membership Requirements Audit: Cause an audit of its financial accounts to be made and reported upon annually by an independent certified public accountant and cause a copy of such audit and management letter, if issued, thereof to be sent to Boys & Girls Clubs of America and shall maintain its financial records in accordance with generally accepted accounting principles for nonprofit organizations. Member organizations with annual revenues totaling less than $100,000 may submit a review of financial statements by an independent public accountant in lieu of such audit. Compliance: Comply with all applicable federal, state and local laws and reporting requirements and conduct its business with high ethical standards. Records: Keep satisfactory records of the youth served by the Clubs it operates, their activities, programs and attendance. Dues: Pay to Boys & Girls Clubs of America annual membership dues as determined by the National Council. Benefits: A. Make the following benefits available to its full-time employees and pay at least 50 percent of the cost of such benefits. * Comprehensive major medical coverage. * Group life insurance. * A retirement program which is qualified under applicable Internal Revenue Service regulations. * A long-term disability plan. B. Maintain a salary structure that is competitive with other local organizations and agencies. C. Review, at least annually, its employment policies and procedures and take requisite steps to achieve or maintain compliance with equal employment opportunity regulations based on applicable federal, state and local laws and regulations as are in effect from time to time. Liability Insurance: Maintain comprehensive, general liability coverage with a combined minimum single limit of coverage in the amount of at least $1 million which shall be extended to name Boys & Girls Clubs of America as an additional insured and file a certificate of insurance with Boys & Girls Clubs of America annually. Organizational Assessment: A. Conduct, every third year, an organizational assessment in consultation with Boys & Girls Clubs of America and utilizing its respective governing body, staff, and other appropriate entities based on "Standards of Operational Effectiveness" approved by the National Council and submit a report of this assessment to Boys & Girls Clubs of America. B. Maintain a rating of"operational" as defined by the "Standards of Operational Effectiveness". Such rating shall be determined and assigned by the governing body of each Member Organization. Communication: Maintain at least one computer capable of electronic communication with Boys & Girls Clubs of America. Background Checks: Conduct criminal background checks of all employees and volunteers who have repetitive direct contact with children. Such checks should be of the type that would disclose, at minimum, sexual offenders and include a social security number trace and a national criminal file check. Such checks shall be conducted prior to employment and at regular intervals, not to exceed 24 months of employment, May 2006 Page 2 of 31 Does your organization have operating policies and practices that comprise BGCA's Core Promises? Yes No Core Promise Safety — All Boys & Girls Club organizations should develop a comprehensive safety program to make continued improvements in three key areas: • Safe daily operations • Crisis response preparedness • Strategic risk management planning Each Club should: • Review the organization's safety and facility policies, • Review the organization's insurance coverage, • Review existing and pending facility use agreements, • Establish an active Facilities and Property Committee which addresses safety policies and procedures, • Maintain reasonable staff ratios and provide regular staff training, • Consistently document procedures, accidents and incidents, • Establish a realistic safety budget, and • Take the long view on risk management. The organization meets above requirements regarding safety. Impact — Commitment to Quality process The organization completed the annual Commitment to Quality impact assessment. The results from the assessment are used to improve the quality of the programs offered. Hiring Staff and Selecting Volunteers of High Character — An organization's overall standard of care should combine practical policies and procedures with a strategy to keep them current. A thorough screening process should be: • Legally compliant • Systematic • Match the level of screening with position -specific risks • Applied uniformly to the selection criteria for al candidates for a specific position Essential steps for thorough staff screening include: • A screening policy that is compliant with current employment laws and exercises a reasonable standard of care, • Clearly written position descriptions and selection criteria, • Detailed recruitment and application processes, • An interviewing process that consists of scripted, open-ended questions and the applicants should be encouraged to ask questions, • Thorough reference checks, • Criminal background checks, which must be conducted at regular intervals not to exceed 24 months, and • Provide an orientation for new employees or volunteers during an established provisional period. There are up-to-date, written policies and procedures reviewed by counsel that address: • the organization's intent to be fair, consistent and nondiscriminatory, and to meet all legal requirements; • background checks, the consequences of providing false or misleading information and criminal or civil records that will automatically bar a person from employment or volunteer service; and • confidentiality and security of all information. There are clearly written job descriptions for each position that define: • duties and responsibilities, • education and experience, and • professional and ethical conduct required for the position. May 20C Pa Af 31 Yes No Core Promise All staff and volunteer candidates are required to complete an application form that collects: • information about an applicant's work history, education and background. • waivers and statements about the Club's hirin_ practices. There is a defined process to gather information needed to make informed hiring and selection decisions for staff and volunteers including: • a fair and consistent process to screen resumes; • telephone interviews to pre-screen candidates; • interview questions and rating that utilize a "Behavior -Based Interview and Selection" method to assure skills, knowledge and character needed to be successful in the position; • use of more than one interviewer during in -person interviews; • selection based on meeting job requirements, core competencies and experiences which align to requirements of the job and work environment. Reference checks to gain insight into the candidate's experience, skills and character are conducted with: • past employers; • supervisors; • co-workers; • subordinates; and • others, depending on the position. Background checks on all staff and volunteers are conducted prior to hiring and at least every 24 months after hiring. Minimally, background checks should include: • a Social Security number trace; • a national criminal record search; • a national sex offender registry search; and • additional background checks as appropriate to specific positions. There is a defined system to evaluate findings about criminal records or other concerns uncovered during the hiring process that includes: • barrier crimes that automatically bar the person from consideration; • a process for creating a review committee to evaluate hiring recommendations of staff or volunteers with criminal records that take into account: o seriousness of the crime; e length of time since last offense; e pattern of criminal activity; and o activities in which the applicant has been involved since the offense occurred. A formal introductory period for staff and volunteers is established that includes: • an employment agreement, signed by the new staff or volunteer; • an organizational code of ethics signed by the new staff or volunteer; and ■ a formal appraisal of performance at the end of the introductory period. Financial Oversight — Successful financial management is a result of a strong joint initiative of the CVO and board, CPO and other Club staff. As part of the financial management process, it is important for each person involved with the Club to understand his/her role in the process. In addition, the board should understand how the Club's financial system works, since nonprofit organizations are run differently than for -profit institutions. Each organization should establish: • Roles for the CVO and other board members, CPO and other staff, and Club volunteers, • A system for planning, developing and monitoring budgets and cash flow, • A conflict of interest policy and sign -off procedure for board and staff, • A policy for managing investments, • A risk management strategy for financial, physical and other threats, • Financial management policies and procedures, • Polices which ensure donor requirements and financial reporting guidelines are met, and • Policies for conducting financial reviews. May 2006 Page 4 of 31 Yes No Core Promise There are clearly defined roles and responsibilities for how board and staff work together to assure that the organization's finances meet all legal, ethical and business requirements. • The board protects the organization's assets and provides oversight to financial systems, budget, policies, procedures, insurance, legal and donor requirements. • Staff develop and implement financial systems and budgets and oversee day-to-day implementation of financial policies, practices and standards. There is an active board finance committee that: • develops and monitors financial policies and practices, • reviews financial statements and reports, • develops an investment strategy, and • assures the organization has a risk management plan. The organization has policies, procedures and systems that are reviewed and monitored by the finance committee to assure sound financial practices. These include: • clear limits of authority • internal controls over expenditures • systems and procedures for: handling and processing income; collecting and reporting membership; participation and outreach data; and meeting donor, legal and financial spending and reporting requirements. • controls to ensure restricted funding and endowments are accurately monitored and appropriately spent • compliance with all local, state, federal, IRS and ERISA regulations Under the direction of the finance committee and/or audit committee, a complete financial audit is conducted by a board -appointed, independent auditor, annually. . • A separate audit committee is recommended for organizations with budgets larger than $2,000,000. • The finance committee or treasurer reviews Form 990 prior to submission. • If a management letter is received, it is provided to BGCA and an appropriate response is prepared and implemented. An annual organizational budget is developed and approved by the board to assure resources are allocated to meet organizational goals and objectives. • Fundraising and administrative expenses fall between 15 to 20% of the total budget. The board develops and approves an investment management policy that assures: • investments are diversified and performance is closely monitored and • a spending rate policy provides guidelines on maximum percent of principle to be used for operating. There is an annual evaluation and update to the organization's overall risk management strategy. This includes: • a physical review of facilities and vehicles; • a review of insurance coverage; and • a review to ensure that the organization's building(s) are up to city, state and federal codes and have all required inspections and certifications. Ethics and Accountabi ity — Building an organization committed to the highest ethical standards demands more than just following the law. It also requires fostering practices that create an environment of transparency, accountability and integrity, including: • Defming roles for the board of directors, staff and volunteers. • Developing and providing a code of ethics for employees. • Requiring a signed code of ethics for the board of directors. • Requiring a signed code of ethics for vendors. • Maintaining a compliance, reporting, and investigation policy. May 200 Pay if 31 Yes No Core Promise There is a board -approved ethics policy with a conflict of interest statement that is signed annually by all board and staff. The policy is supported by: • training for all staff and volunteers; • an appointed ethics officer; • whistle -blower protection; and • a compliance, reporting and investigation policy. Accurate membership and participation data — It is essential that information used to monitor performance and communicate the Club's reach, participation and impact be collected, organized and presented with a high level of accuracy and credibility. Each Club must define a process for collecting, storing and organizing data and ensure the process is consistently implemented in every unit. Establish a system for collecting data by: • determining the needed information and clearly defining the terms, • developing a carefully thought-out system for collecting and recording data, • training staff to collect the information, • determining how information will be stored and how long it will be kept, and • tracking and counting youth served in membership and through community outreach. Standard Boys & Girls Club definitions are used consistently to count: • registered members, • youth served through community outreach, • attendance, and • average daily attendance. There is a tested, well thought-out system consistently applied throughout the organization for collecting and recording information about member participation on a daily basis. This system includes: • a current membership form with a parent or guardian signature on file for every Club member; • a defined policy and practice for entering and exiting the building that includes recording attendance; • a defined policy and practice for recording attendance at off -site activities; • a. written record of all attendance and program participation; and • an organizational goal of at least 25% of members participating daily. There is a tested, well thought-out system for collecting and recording youth served through community outreach on a daily basis that is consistently applied at every Club. This system includes: • a defined policy and practice for collecting and recording youth served through community outreach; • collecting and recording information daily; and • a written record of all attendance and program participation including name of event, date, location and total number of non-member _participants. All staff are trained in every aspect of the Club's polices and practices for tracking attendance and participation of registered members and youth served through community outreach. • Each unit has a designated staff person responsible for managing and implementing this system. • Roles for all staff are clearly defined and included in job descriptions and performance plans. • There is a board policy defining standards for accurate organizational data. There is a defined policy and procedures for how information is stored that assures: • all information can be easily retrieved by authorized staff; • there is a record retention policy of at least five years; • information about individual members is kept confidential; May 2006 Page 6 of 31 Yes No Core Promise • all information is backed up. All data is repeatedly checked for accuracy before it is presented to anyone outside the Club or used in any marketing material. This includes: • an ongoing system for monitoring procedures to assure they are followed consistently at all units; • two people reviewing the information; and • the CPO and CVO approving all reports before information is presented outside the organization. Has a plan been developed with your organization supported by your regional service director, to respond to any standards not met? [1 Yes May 2001 Pac f 31 STANDARDS OF ORGANIZ--JNAL EFFECTIVENESS (SOEs) BOARD GOVERNANCE Topic Summary Developing Operational Advancing Excelling A. BOARD DEVELOPMENT PROCESS ■ ❑ ❑ ■ ■ ❑ • 0 0 • • • There is an informal process for identifying and recruiting board members, not necessarily based on the organization's goals and objectives. The organization has and utilizes a written, board -driven process for the identification, selection, recruitment and orientation of board members based on its goals and objectives. Individual responsibilities, as well as collective roles of board volunteers are written and clearly defined. The organization utilizes a written, ongoing board development process, which includes identification, recruitment, selection, orientation, ongoing evaluation and recognition. 60% of eligible board volunteers are recognized utilizing Boys & Girls Clubs of America's National Service Recognition Awards or equivalent recognition program. The organization has one or more board members who are Movement leaders and who share models for a written board development process, which includes identification, recruitment, selection, orientation, ongoing evaluation and recognition. 80% of alleligible hoard volunteers are recognized utilizing Boys & Girls Clubs of America's National Service Recognition Awards or equivalent recognition program. B. BOARD MEMBERSHIP 0 ❑ ■ ■ 0 ■ ■ • 0 ■ ■ ■ The board has few, if any, active community leaders who influence community decisions and resources. There is little board involvement that fulfills the organization's needs. The board has some recognized business and public leaders who influence community decisions and resources. The organization has a board -approved code of ethics and conflict of interest policy on which individual board members sign off on an annual basis. There is a moderate level of board involvement in the appropriate areas of the organization, and the board has begun to establish a good relationship with local, state and federal government officials. The board consists mainly of business and public leaders who influence decisions and resources and who are involved in meeting most of the organization's needs. The board has good relationships with local, state and federal government officials who understand the value of Boys & Girls Clubs. The board consists of business and public leaders who influence decisions and resources, provide effective governance, generate needed resources and are actively involved in meeting the organization's needs. The board has excellent relationships with local, state and federal officials. May 2006 Page 8of31 Topic Summary Developing Operational Advancing Excelling C. GOVERNANCE LEADERSHIP AND COMMITTEE STRUCTURE • 0 0 0• • ■ ■ ■ ❑ ■ ❑ The board has no functioning committees and/or task groups. There is little structure and minimum officer involvement. No board governance is evident. The Chief Professional Officer does not receive a formal annual performance review. There are appointed committee and/or task group teams with chairs that occasionally meet and act on responsibilities. Officers are elected and involved in assigned roles. The board is in compliance with organizational by-laws. The Chief Volunteer Officer has been provided a BGCA orientation on the Core Promises and has signed a statement of understanding. A written board- driven strategic plan addressing strategic initiatives (collaboration, merger, growth with impact, etc.) is in place. The Chief Professional, Officer receives an annual written performance review. The board has organized, functioning committees and/or task groups with chairs that make written recommendations for board action. Officers are functioning in accordance with defined leadership roles and a written succession plan for board leadership is in place. A written board -driven strategic plan is integrated into board and committee/task group meetings. The Chief Professional Officer receives a formal annual written performance review based on measurable objectives linked to the strategic plan and agreed on by the board leadership and the Chief Professional Officer. Committees/task groups have defined written objectives consistent with the organization's written strategic plan. Officers lead board member involvement and are given new leadership opportunities to support the organization's written board succession plan. With input from external and community stakeholders, a written strategic plan is updated and reviewed annually that includes clear benchmarks and outcomes. An evaluation of effectiveness is completed annually. D. BOARD FINANCIAL GIVING • 0 • 0 • 0 • ❑ 0 • ■ ■ At least 50% of board members make a personal unrestricted gift to the annual campaign. At least 75% of board members make a personal unrestricted gift to the annual campaign. The Chief Volunteer Officer personally solicits those members who are not giving. The board has been informed about. the purpose and goals of "It Just Takes One." 100% of board members make a personal unrestricted gift to the annual campaign, All board members have a written annual personal giving plan. 25% of the individual board members make a written commitment to the Club's endowment program. 90% of all board members achieve their personal giving plans, 50% of the individual board members make a written commitment to the Club's endowment program. E. BOARD DIVERSITY ■ ■ ■ ❑ ■ 0 0 0 ■ ■ 0 0 The board is not diverse in its makeup or in relation to its community. The board has some diversity in its makeup, is reflective of the community and has a plan to expand this diversity. The organization provides an annual diversity education opportunity for its board members. Diversity standards are considered in various committee functions. The organization conducts a formal assessment of the board's makeup and develops written plans based upon the assessment results. The board is diverse in its makeup, is reflective of its community and has a written plan underway to maintain diversity. One or more board members are Movement leaders sharing models and best practices in valuing diversity. W May 200( Pac f 31 Topic Summary Developing Operational Advancing Excelling F. CORPORATE DATA TRACKING There is limited tracking of data, a lack of systems, and little, if any, board and staff accountabilities. All units use standard BGCA definitions. Signed membership forms for the current year are available. There is a tested and well thought-out system for daily collecting and recording of membership and participation data. All data is checked and signed off by the CVO and CPO before being used for external audiences. There is a defined system and process for tracking and counting youth served through community outreach. There is a system for collecting and recording program participation data. The Club has a board -approved organizational measurement strategy which utilizes BGCA metrics for participation and daily attendance. The Club has a plan to measure outcomes of targeted programs and overall Club outcome using the Outcome Measurement Tool Kit. G. BOARD MEETINGS/ ATTENDANCE Board meetings are not held on a regular basis. Attendance is less than 50%. Agenda is dominated by problems and crises, preventing hoard from dealing with substantive policy issues. There are regular, scheduled board meetings attended by not less than 50% of the members. The Chief Professional Officer develops the agenda and reviews it with the Chief Volunteer Officer. Board business packets are prepared and delivered to all board members at least 10 days prior to a meeting. The organization develops and distributes an annual board calendar at the beginning of each year. Committees and task groups provide reports and recommendations for board action. The board conducts an annual board retreat with at least 50% of board members in attendance. The board has regular, duly constituted meetings with not less than 60% attendance and with a clear focus on policy issues and decisions. Utilization of technology (i.e., teleconferencing, online meetings, etc.) to support member participation in meetings is evident. At least one meeting per year has a BOARDROOM Training module or equivalent training. The board conducts an annual board retreat with at least 60% of board members in attendance. The board has regular, duly constituted meetings with not less than 65% attendance, active participation and a clear focus on policy issues and decisions. There is a written plan for utilizing technology in board member communication and business meetings. At least two board meetings a year are comprised of BOARDROOM Training modules or equivalent training, The board conducts an annual board retreat with at least 65% of board members in attendance. H. STATE ALLIANCE SUPPORT AND INVOLVEMENT 0 � • • • • • • • • • • The board has no awareness of the state alliance and leadership has no contact with state officials to support alliance efforts. The organization is a contributing member of the state alliance; however, participation at state ' meetings is limited. Promotion of the alliance only happens to benefit the local organization. Board members and professional staff promote the alliance and actively contact state leaders to support the work of the alliance. The board and CPO assure Club involvement in statewide projects. The board works in conjunction with the alliance leadership to gain support from state leaders. Board members have an opportunity to serve on the alliance board or committees. Board members and the CPO actively support state initiatives to enhance statewide collaboration. May 2006 Page 10 of 31 Topic Summary Developing Operational Advancing Excelling I. BOARD EDUCATION AND PARTICIPATION ❑ ❑ ❑ The organization has strategic board representation/participation at key Boys & Girls Clubs of America and other events including Area Council meetings, state alliances, board leadership conferences and the National Conference. Board officers meet the Silver Level of the BOARDROOMBoard Education Skills Training (BEST) program (8 Modules) or equivalent training every three years. 50% of board members are registered on bgca.net. ■ ■ ■ ■ ■ ❑ ■ 0 ■ There is very little or no planned education or participation by board members in Boys & Girls Clubs of America events and training. There is little use of BGCA board development training tools or equivalent board training. The CVO is registered on bgca.net. There is board participation in Area Council events, state alliances, and board leadership conferences. All board members have attended a local board member orientation and received and reviewed the BOARDROOMnew board member CD ROM. The CVO has received and reviewed the BOARDROOM CVO Guide and Toolkit CD ROM. Officers and committee chairs are registered on bgca.net. Board officers and committee chairs meet the Gold Level of the BOARDROOM BEST program (12 Modules) or equivalent training every three years. Board members are actively engaged; take initiative and plan continuous learning opportunities; share/seek best practices and are active in planned continuing education for board volunteers, J. LEADERSHIP: BOARD SUPPORT FOR TECHNOLOGY 0 0 0 The technology plan is fully funded, staffed and part of the ongoing budget. Technology is integrated throughout all areas of the Club operation. Policies and procedures are in place to drive continuous system improvements and to support technology replacement cycles. ❑ 0 ■ • 0 ■ The organization does not have a Technology Committee/Task Group to address technology in a formal plan. The board has a Technology Committee/Task Group; however, the organization lacks a formal technology plan that is integrated into the overall strategic plan. Resources for technology are allocated on an as -needed basis. A technology -based process for tracking membership fees and participation data is monitored by the board. The organization has a written, board -approved technology plan that is integrated into the overall strategic plan. The plan includes a Web strategy, technology program for members, Internet safety, and acceptable use policies, Ci May 200E Pac of 31 STANDARDS OF ORGANI2,-,...ONAL EFFECTIVENESS (SOE) HUMAN RESOURCES Topic SSu E Summary o '.. < •' at o ' a' � ; QD'e�ra`�ioIMI: x anc 7Erg. Excelllh�'" A. CHIEF PROFESSIONAL OFFICER/ LEADERSHIP TEAM 0 CD The CPO/leadership team possesses basic executive competencies and leadership attributes as outlined in the Professional Development System "Executive" Profile and the Chief Professional Officer Leadership Model. 0 0 ■ ■ 0 ■ ■ 0 ■ The Chief Professional Officer (CPO)/leadership team needs basic management training. The CPO/leadership team demonstrates effective leadership as outlined in the Professional Development System "Executive" Profile and the Chief Professional Officer Leadership Model. The organization has a staff succession plan and deploys career development accordingly. Turnover is analyzed for human resource planning. The CPO has a written performance evaluation based on the strategic plan that is conducted annually by designated board leadership. The CPO/leadership team demonstrates a high level of executive competency in providing leadership to the organization as outlined in the Professional Development. System "Executive" profile and the Chief Professional Officer Leadership Model. The organization develops a written plan and scorecard based upon the key human resource factors. The CPO is actively engaged in support of Movement -wide initiatives. 0 ■ ■ 0 ■ 0 ❑ ❑ ■ 0 ■ • has B. JOB CLASSIFICATION AND The organization has an informal is All salaries and wages are in range Job The organization utilized create a written Job The organization provides monetary COMPENSATION salary administration program and of the recommended Classification and Compensation QUEST Classification and Compensation and non -monetary pay for performance. Reward systems are committed to improving salaries. MANAGEMENT Salaries and wages are not within Management Program or equivalent Management Program that is revised based upon board -approved strategic PROGRAM established ranges. No formal salary administration model. There is every two years, which includes up- performance standards goals and performance management system in a performance plan in place. to -date job descriptions, performance ethics that are acceptable for not -for - place. profiles and reviews, and an organizational chart. The board has approved the salary plan with appropriate funding for merit increases and equity adjustments. A performance management plan is in place for all full-time and part-time employees. profit industry business practices. May 2006 Page 12 of 31 r May 200E Toj ieSti rnIa+ry Developing; Or Otatinital MT amin Excelling C. PROFESSIONAI DEVELOPMENT PROCESS ■ ■ • ❑ • ■ ❑ ■ ❑ ❑ ■ ■ There is no identifiable, consistent orientation or training for staff. Job profile and job descriptions are utilized for developing a basic plan of action to support job related competencies. CPO completed the New Executive Orientation training within the first year of employment. A "Professional Orientation Program" is in place for all staff as well as a staff development plan. The organization assures a budget allocation to support the staff development plan. When appropriate, the chief professional officer has completed the New Executive Orientation Program eight months after the date of employment and attends the Executive Leadership Program within two years of employment. The CPO has been provided a BGCA orientation on the Core Promises and has signed a statement of understanding. A written, annual staff development plan is in place. All eligible staff is active members of The Academy; Boys & Girls Club University at the member professional level. The organization utilizes a formal, written professional orientation and training program and a written, two year, professional development career plan. Training opportunities are identified that address the gap in staff development. Part-time staff participates in a minimum of eight hours of training, and full-time staff participates in a minimum of 24 hours of training annually. The organization ensures that the appropriate tools, resources and professional memberships to support and train staff are in place (Professional Development System). Policies include a written, board - adopted succession -planning strategy. The organization utilizes BGCA's Training Management System to manage and maintains records maintain records for all staff attending training. Part-time staff participates in a minimum of 16 hours of training, and full-time staff participates in a minimum of 48 hours of training annually. Training plans are tied to the written compensation plan, career tracking and succession plan. D. HUMAN RESOURCE POLICIES ■ ■ ■ ■ ❑ ■ 0 0 ■ 0 ■ ■ The organization has limited written human resource policies. Background checks are not consistent with BGCA membership requirements. The organization maintains compliance with Equal Employment Opportunity regulations. The regulations are consistently applied throughout the organization. Background checks are performed on all staff and volunteers including board members at intervals not less than every 24 months. Records of arrests (not just convictions) are obtained for new employees prior to hiring. The organization provides ongoing training and legal updates for supervisors. The organization has comprehensive, written human resource policies that are reviewed and revised annually by internal human resource professionals and internal legal counsel. Background checks, which include inquiry into credit, driving and sexual offender databases, are performed on all staff and volunteers including board members at intervals not less than every 12 months. The organization provides ongoing training and legal updates for all staff. There is a written succession plan for the CPO and other key staff. The organization has comprehensive, written human resource policies that are reviewed and revised by external legal counsel not less than every two years. Background checks (including finger printing/screening) are performed on all staff and volunteers including board volunteers within 12 months of initial service and re -checks are performed on an annual basis. The organization has access to an online HR advisor or service. Records of arrests (not just convictions) are obtained for new employees prior to hiring. of 31 ionic Summary Developig operational Advancing Excelling E. ETHICS ■ ■ ■ O ■ ■ ■ ■ ■ ■ ■ ■ The organization does not have a code of ethics for staff. The organization has a board- approved code of ethics statement for staff and board which addresses conflicts of interest, financial reporting, professional conduct, confidential and proprietary information, political activities, government relations and fundraising. The organization has a board- approved code of ethics statement for staff, board and vendors which addresses conflicts of interest, financial reporting, professional conduct, confidential and proprietary information, political activities, government relations and fundraising. The Cub has defined organizational values and has developed policies and training to carry them out. F. HIRING PRACTICES ❑ ❑ ❑ The organization performs a written assessment to insure a direct alignment with its strategic plan and mission outcomes. to job listings, screening process interview questions, job profiles, and performance/career planning. • O ❑ ❑ • • • • ❑ The organization does not have current written job descriptions for all staff and does not use a set of board approved procedures for hiring and screening full, part-time staff, and volunteers. The organization has current written job descriptions for all staff and utilizes a board approved, written set of legally compliant procedures for listing, screening, hiring, selection, and orientation of all paid staff and volunteers. The organization utilizes QUEST to create an up-to-date human resource package for full-time and selected part-time employees who include: a job based Behavior Based Interview and Selection guide. External counsel reviews and provides recommendations on hiring practice procedures. G. DEPLOYMENT OF TECHNOLOGY FOR STAFF ❑ ❑ ❑ All staff computers throughout the organization are networked and have operational Internet access. The organization has a dedicated IT support professional to oversee technology. The written technology plan is updated every year and adopted by the board. A technology upgrade/replacement plan is in place. ■ • • ■ ❑ • • • • The organization provides limited technology to staff. Most key staff has an email address and is registered on www.beca.net. Most The organization's leadership and key staff have a computer workstation with high-speed Internet access and a full package of productivity software such as Microsoft Office. All full-time staff has an email address and is registered on www.bgca.net. Full- All full-time staff has daily access to a current generation computer workstation with high-speed Internet access and a full package of productivity software such as Microsoft Office in their work area. A written technology plan exists. All staff has an email address and is registered on www.bgca.nct. All staff has and utilizes a personal locker and profile on QUEST. staff has basic Internet skills/ training. time staff has completed a written technology assessment and have access to BGCA's QUEST Knowledge Management System. H. STAFF DIVERSITY ❑ • 00 0•• • ❑ ❑ • The organization's staff makeup does not reflect the community's diversity and there are no plans in place to change the situation. The board is supportive and recognizes the importance of The organization conducts a formal assessment of staff composition, Club climate and develops written plans based upon assessment results. The board approves written strategies and action plans in support of the organization's diversity initiative, monitoring and managing progress and results. The diversity plan is monitored by the board and updated annually to reflect emerging trends, opinions and feedback from staff, volunteers and community. diversity. The organization has plans to address identifiable gaps regarding diversity and has an increased awareness about the value of a diverse staff, May 2006 Page 14 of 31 Topic Summary Developing Operational Advancing Excelling I. COMPETITIVE BENEFITS ❑ 00 The organization pays more than 80% of the costs for minimum and essential benefits for staff and dependents and offers other incentives such as a dental/vision plan and personal leave. The organization contributes to a benefit plan for part-time staff. 0 • 0 • 0 • • • • The organization does not pay 50% of the cost of minimum and essential benefits. The organization pays more than 50% of minimum and essential benefits. The organization pays at least 80% of the costs for minimum and essential benefits. Part-time staff has access to a benefits package that includes health benefits. J. STAFF PARTICIPATION IN BOYS & GIRLS CLUBS OF AMERICA EVENTS AND PROGRAMS • • 0 • 0 • • There is limited participation in Boys & Girls Clubs of America's training events and conferences. The CPO and other key staff are members of the Academy. Staff participates in core training events as outlined in requirements for the Professional level of the Academy of Boys & Girls Club Professionals. The CPO attends either an Administrative Conference and/or the National Conference annually. All full and part-time youth development professionals have completed the 3 basic training sections of BGCA's Gear UP! CD ROM. 100% of eligible staff participates in the Administrative/Leadership Conference, National Conference or Youth Development Conference annually. 75% of eligible staff is members of and active in the Academy of Boys & Girls Club Professionals at the Member level. 50% of eligible staff, including the chief professional officer, is members of the Academy at the Professional level. 90% of all eligible staff is members of the Academy of Boys & Girls Club Professionals and 75% of all eligible staff are members of the Academy at the Professional level, The CPO and other key staff have achieved the Distinguished level in the Academy of Boys & Girls Club Professionals. Staff is actively engaged in support of Movement - wide initiatives and serves on BGCA task forces and planning committees. Key staff is members of external and internal professional organizations. 0 0 0 Appropriate Club staff have received training to use basic productivity software, the Internet and other applications (i.e.: membership management, donor management, financial management, etc.) important to their job function(s). 0 0 0 Appropriate Club staff utilizes technology to enhance their effectiveness and efficiency in all major components of their job. The Club has a technology training plan for staff and provides competency- based testing of skills. 0 • 0 Appropriate Club staff has only a basic skill level for using technology. • ■ ■ K. TECHNOLOGY SKILLS The Club has a written technology training plan for staff that is budgeted and adopted by the board of directors. All full-time staff is regularly tested for IT skill competency. May 200 Pa of 31 STANDARDS OF ORGANI____IONAL EFFECTIVENESS (SOE) RESOURCE DEVELOPMENT Topic 'S am' ary Developing Advan vaneirig Excelling A. RESOURCE DEVELOPMENT STRATEGY/ DIVERSIFIED FINANCIAL SUPPORT ■ ❑ ■ ❑ ❑ ■ ■ ■ ■ ■ ❑ ❑ The organization does not have a Resource Development (RD) Committee. The organization's fundraising is erratic with experimentation, poor results and is overly dependant on a single source of funding. There is no written RD plan. Active cultivation of new donors and prospect identification and classification are non-existent. Funding meets the organization's needs for the current year but is highly dependant on one source of funding. There is a Resource Development Committee that coordinates an RD plan which includes a strategy on how to cultivate new donors. Board members are engaged in classifying prospects for their capacity, ability and propensity to invest in the Club. No more than 40% of funding comes from a single source. The board of directors has approved a written 3-year resource development plan that clearly illustrates no over -dependency on any one source of funding. Board members are actively engaged in cultivating new prospects. The Club regularly uses research to classify current donors and obtain new donors. No more than 30% of funding comes from a single source. The board.of directors has a 3 to 5- year written resource development plan that is integrated into the organization's strategic plan and includes strategies for multi -year funding, individual and major gifts, endowment and planned giving. The organization regularly screens its donor database to identify the potential of increased giving. No more than 20% of funding comes from a single source, B. RESOURCE DEVELOPMENT INFRA -STRUCTURE ❑ [30 Besides the Chief Professional Officer there is/are staff who has/have resource development accountabilities included in his/her job description. There is a written organizational case statement that documents the need for support. The organization maintains accurate personal and participation donor data electronically and tracks it over multiple years. • • • ❑ • • O • ❑ The Chief Professional Officer is the only person supporting the resource development effort. There is no database to collect and track donor information and gifts. The organization has specialized staff to support the resource development plan. Staff and board members receive ongoing training to support building their resource development knowledge. The organization has an electronic donor management software application that generates reports. The organization uses the database system to instantly generate reports on donors and campaigns for increased fundraising success. The organization has dedicated staff, such as a director of development, to support' the resource development plan. The organization uses donor management analytical tools and reports to increase fundraising success through targeted solicitation. The donor management software is fully integrated with financial management software. C. INDIVIDUAL AND MAJOR GIVING (EXCLUDING SPECIAL EVENTS) ❑ ❑ ❑ The organization has a comprehensive strategy for cultivating support from individuals that includes an annual campaign, and other measures to increase giving from individuals. A minimum of 20% of the budget comes from individuals, 100% of board members are actively involved in personalized solicitations, • • • ❑ • ❑ ❑ • ■ The organization receives support from individuals including alumni, but does not have a comprehensive plan to ensure that requests to individuals are coordinated and strategic. Board members are not involved in personalized solicitations. At least 50% of Board members support events and some make personal unrestricted gifts to the annual campaign. A comprehensive plan for individual support includes an annual giving program that recognizes and celebrates individuals. At least 50% of board members are actively involved in personalized solicitations. Less than 75% of board members make personal unrestricted gifts to the annual campaign. A written comprehensive plan for individual support includes a multi- year, annual giving strategy that ensures strong individual support. A minimum of 15% of the budget comes from individuals as unrestricted gifts. A minimum of 75% of board members are actively involved in personalized solicitations, 100% of board members make personal unrestricted gifts to the annual campaign. (Ti May 2006 Page 16 of 31 Topic"Summary Developing Operational Advanci"np E"xcelling D. SPECIAL EVENTS ■ ■ ❑ ■ ■ ■ ❑ ❑ ■ ■ ■ ❑ The organization conducts no special events. The organization conducts special events; but planning is limited, committee roles are not clearly defined and the events are staff- driven. The organization conducts well planned special events that maximize return on investment. The committee roles are well defined, and strategies regarding leadership recruitment, cultivation, and fundraising are written and well defined. There is an intentional plan to cultivate attendees to become annual donors. The organization conducts well planned special events generating 15% of the organization's annual operating budget. The visibility of the organization is enhanced by the events, and high -profile volunteers comprise the committee's membership. Attendees are regularly recruited for ongoing organizational participation. E. GOVERNMENT FUNDING • D ❑ ■ ❑ ■ ■ ■ ■ ■ ■ • The organization does not receive government funds, nor does it have the knowledge or contact base to pursue such funding. Members of the board have little if any access to key individuals with government resources at their disposal. The organization has an understanding of the availability of government funding and has inquired about strategies to access such funding. It understands the need to improve in this area, but has had little success to date. Members of the board have some access to those controlling government resources. The organization actively pursues local, state and federal funding opportunities. It has good knowledge of proposal writing and knows how to market services that the Club provides. The organization is using government funds to leverage additional private funding. The organization is a contributing member of its state alliance. Members of the board have developed relationships with those controlling govemment resources and have ongoing communications with Boys & Girls Clubs of America. The organization receives a minimum of 5%, but no more than 25% of its income from a single government source. The organization has a keen understanding of the potential of government funding. The Club does an excellent job of leveraging government dollars to match income from private sources. Members of the board have a wide range of contacts within key government offices and have used such contacts to secure government funding. The organization is actively involved in the Alliance and supports national government relations initiatives, May 200 Pal of 31 Topie S+um�nAry Developing Optrational Advancing Excelling F. PLANNED GIVING AND ENDOWMENT BUILDING ❑ ❑ ❑ • The organization has no endowment policies or procedures in place. There are no formal programs for the development or promotion of planned gifts or major gifts to the endowment. A staff member spends 5 to 10% of time to run a basic planned giving program. Gift acceptance policies for securities, bequests and beneficiary designations are in place. There is a formalized planned giving recognition program in place including a Heritage Club (or deferred giving society). 25% of the board participates in the Heritage Club. A planned giving prospect list has been identified and a solicitation plan is in place. A simple marketing plan has been established. A system for record keeping is established. A staff member spends 10 to 25% of time to market and solicit planned gifts. 25% of the board members have designated the Boys & Girls Club for a planned gift. There are comprehensive gift acceptance policies in place, which include real estate, gift annuities, and charitable trusts. 50% of the board participates in an organizationally sponsored planned giving program, such as in the Heritage Club. The Club markets planned giving in Club publications. The Club has a marketing plan that includes advanced gifts. A staff member spends 25 to 50% of time to market and solicit planned gifts. 75"/" of the hoard participates in the organization's planned giving program, such as the Heritage Club. The Club has an aggressive marketing plan, which includes direct mail and marketing to allied professionals. The organization has established named endowment funds and solicits outright gifts to the endowment. G. STEWARDSHIP AND RECOGNITION ❑ ❑ ❑ ❑ The organization has no written policies to support and implement recognition and stewardship. There is little communication with donors besides an acknowledgment letter. The organization has written acknowledgment policies. Donors receive an annual report, which at minimum documents sources of funds, uses of funds, giving levels, photos of youth, a summary of the year's highlights, and relevant activities of the organization. The organization has written gift acceptance and recognition policies. Donors receive 3 to 4 pieces of communication throughout the year demonstrating the Club's impact. Staff regularly visits with top donors. A written yearly plan for stewardship is in place to document how board and staff are to be involved in the stewardship process. Top donors receive personal stewardship visits from board members and top donors are engaged with the organization. H. FOUNDATIONS ■ ■ ■ ■ ■ ■ ❑ ■ ❑ ❑ ❑ ■ The organization does not have a strategic plan for writing proposals or for securing grants and is unable to consistently deliver program outcomes. The organization receives funding from various foundations. There is an informal effort to attract foundation funding. The organization has a written plan for attracting funding from foundations. The plan includes annual solicitations and is incorporated as part of the organization's resource development plan. The organization delivers the program outcomes defined in foundation proposals. 5% of the Club's annual operating income comes from foundations. The organization has a plan for securing grants from private and corporate foundations and does an excellent job of delivering the program outcomes listed in its proposals: Board members have relationships with key foundation leaders and staff and are able to leverage resources for the organization, resulting in a minimum 10%'of Club annual operating income being generated from foundations. May 2006 Page 18 of 31 Toie SvmnYary Developing 0pc*r t ona°1' Advar eiiiIF Excelling I. BUSINESS SUPPORT El O • The organization receives a minimum of 5% of its annual operating income from businesses (including income derived from cause -related marketing). 0 • 0 The organization has a strategy as a part of its resource development plan through which it receives a minimum of 10% (includes in -kind gifts) of its annual operating income from businesses (including income derived from cause -related marketing. • • • • • The organization receives little or no support from businesses, including cause -related marketing income The organization receives a minimum of 15% (includes in -kind gifts) of its annual operating income from businesses (including income derived from cause -related marketing. - CA May 200 Pac of 31 STANDARDS OF ORGANILik 1IONAL EFFECTIVENESS (SOE) FINANCIAL MANAGEMENT Topic St mm-tau Developing Operational Advancing Excelling A. FINANCIAL CONTROLS AND RECORD KEEPING ❑ ❑ 0 There are no evident systems in place to ensure compliance with applicable local, state and federal financial regulations. 0 0 0 The organization complies with all local, state and federal regulations. The board has an active Finance Committee in place. Key staff is trained in the organization's internal control standards and systems. There is an adequate system to specify and assure compliance with industry standards related to length of time for retention and maintenance of financial, inventory, personnel, and warranty records. The organization has sound financial policies and procedures with which all staff is familiar. 0 0 0 The hoard has a standing Finance Committee which addresses the audit, investments and insurance matters related to the organization. The board monitors the compliance of all contracts or agreements on an ongoing basis. The organization has a separate functioning Audit Committee that manages contracts with accounting and/or CPA files for audit purposes. ❑ ❑ ❑ Legal procedures are monitored and reviewed by staff and board leadership annually. Staff adheres to operational practices. The financial policies are updated and revised every 2 years utilizing external expert counsel. Staff receives ongoing training for implementation. The organization maintains an internal auditing system. The organization has a system adequate to maintain the compliance and precaution of all contracts of agreements. B. FINANCL&L ACCOUNTABILITY ❑ ❑ 0 The financial planning and management program is limited and not clearly understood. A written financial management assessment is completed and the staff/organizational needs are identified and aligned to an action plan for correction. ❑ ❑ ❑ The organization receives an audit by an independent Certified Public Accountant and provides a copy of such to Boys & Girls Clubs of America. The organization has taken corrective action on recommendation(s) from the management letter. The organization files a 990 and/or A133 (if required). The organization puts their audit services out to bid at least every five years. A copy of the organization's 990 is sent to BGCA, posted on the organization's Web site, and copies are available to the public. 0 ❑ ❑ The organization receives an unqualified audit report. The organization has and utilizes accounting software to record and report income and expenses in accordance with generally accepted accounting principles. ❑ ❑ ❑ The organization receives a management Letter from an independent CPA with no material findings. The board has a freestanding Audit Committee responsible for the appointment, compensation and oversight of an external auditor. The Audit Committee reviews the external auditor's reports and, where applicable. implements timely and appropriate corrective action. May 2006 Page 20 of 31 Topic Summary Developing Operational Advancing Excellii C. FINANCIAL STABILITY ■ ■ ■ • • ❑ • ❑ ❑ • S • The organization has experienced an operating deficit in the last 3 consecutive years. The organization has long-term debt and no written plan to address the debt. A board -approved budget is in place. If the organization has long-term, moderate debt, a written plan is in place to address it. The organization has reserves equal to 6 months' operating budget. A board -approved budget is in place. The organization has reserves equal to its annual operating budget, excluding any restricted endowment funds. The organization has no operating deficit in the last 5 years. The organization has no long-term operational debt. D. BUDGET PROCESS ■ ❑ • ❑ ❑ • • ❑ 0 • • • Budget figures are unrealistic and continually revised. The board is not involved in the budget development process. Income and expense budget projections are based on historical data and strategic plan priorities, not on percentage increases, There is board participation in budget development with board approval at least 30 days before the start of the next fiscal year. The organization has a realistic annual budget sufficient to support organizational goals and objectives. Appropriate committees make income and expense projection recommendations that result in a budget which addresses priorities in the strategic plan. The board is involved in developing a long-range (at least 3-year) budget to support the organization's strategic direction focusing on capacity, growth and program. E. EXPENDITURES 0 ■ • 0 • • • • 0 0 ■ • There are no evident systems in place to control expenditures within budget. The organization has systems in place to control expenditures. The board provides ongoing oversight to assure organization's expenditures are within budget. A process exists to educate and inform the board of directors of organizational expenditures. No more than 20% of expenditures are for management/general and fundraising. The organization has adequate processes to allocate staff time to functional categories. Cash flow projections are developed and reviewed monthly utilizing accepted accounting practices. Prompt corrective action is taken in response to projected or significant variations from budgets. No more than 16 to 19% of expenditures are for management/general and fundraising. No more than 15% of expenditures are for management/general and fundraising. May 20C Pa of 31 Topic'Summary Developing Operational Advancing Exre1!hrng F. FINANCIAL DATA TRACKING ❑ ❑ ❑ The organization does not track financial data electronically. ■ 0 • • ❑ • 0 • • The organization accurately tracks income and expenses electronically. Data is secured and backed up on a regular basis. The organization uses fund accounting software, and generates appropriate financial statements monthly to accurately track, manage and report on funds from multiple sources, across multiple budget periods. Monthly financial statements are reviewed by management and the board to help make decisions. Financial statements/reports are provided to BGCA on a regular basis as required, Fund accounting software is fully integrated with donor management software. The system is configured to accommodate staff in remote locations that need access to accounting information over a wide area network (WAN). Financial data is secured and backed up on a regular basis and is kept off site. G. INSURANCE AND RISK MANAGEMENT ❑ 0 0 The organization has adequate insurance coverage meeting all membership requirements and names Boys & Girls Clubs of America as an additional insured. ■ 0 0 ■ ■ 0 0 • 0 Organization lacks adequate insurance coverage or reserve funds. The organization has a written risk management plan, which incorporates adequate insurance coverage. - The organization independently reviews and prices insurance coverage for adequacy at least every 2 years. H. INVESTMENT MANAGEMENT ■ • ❑ • • • • ❑ ❑ ■ • • Organization lacks policies guiding the management of their restricted funds/investments. The organization has restricted funds/investments and has written investment policies and objectives to guide their management. Investments are diversified and performance is monitored quarterly by the Investment Committee and reported to the Board. The organization uses income in accordance with board policies and donor requirements. The organization's written investment policies address well defined goals and objectives, risk tolerance, asset allocation, disposition of undesignated funds, spending rules, and gift acceptance guidelines. An independent review of strategy and performance is conducted on an annual basis by a noncommissioned professional. An independent investment manager is employed to manage the organization's portfolio in accordance with policy and objective statements. The investment manager has the ability to manage and administer charitable gift vehicles. May 2006 Page 22 of 31 STANDARDS OF ORGANIZATIONAL EFFECTIVENESS (SOE) IMPACT ASSESSMENT/PROGRAM Topic "S+ninniaxry Developing Operational Advancing Excelling A. SAFE AND POSITIVE ENVIRONMENT ■ ■ ■ ■ O ■ ■ ■ ■ • ❑ O Some program areas are open without adult supervision. Updated bulletin boards and member pictures are not consistently displayed. Members have limited knowledge of the rules and are not engaged in helping to reinforce positive behavior. Staff, volunteers, and junior staff are not clearly identifiable and do not have training in emergency procedures. All program areas are staffed continually by a responsible adult. Updated bulletin boards, posters, and member pictures arc displayed. Members are knowledgeable of rules and are expected to promote and help reinforce positive behavior. All staff is clearly identifiable, is aware of the Club's atmosphere and safety, and is trained in emergency procedures. The Club meets all statements in the operational category and consistently implements 75% of the practices in the area of safe and positive environment. The Club consistently meets all practices in the area of safe and positive environment and provides added value through local practices. B. SUPPORTIVE RELATIONSHIPS � • • ■ •❑ ■ 0 ■ 0 Staff knows the names of regular Club members. There is no planned attempt to ensure every member develops relationships with at least one staff member. Limited attention is spent on the transition of new members and staff do not view themselves as role models for members. Limited time is spent developing peer -to -peer relationships at the Club and there are few spaces available for small groups or quiet pursuits. Staff knows names, interests, and family situations of regular members. Staff ensures that regular Club members have a relationship with at least one staff member. Staff members are trained in informal guidance techniques, conflict resolution, decision -making, and goal setting. All members go through a new member orientation. Staff discusses the progress of new members in weekly staff meetings. All staff is positive role models for members and friendships are encouraged and supported at the Club. Several areas of the Club encourage small -group interactions and quiet conversations. The Club meets all statements in the operational category and consistently implements 75% of the practices in the area of supportive relationships. The Club consistently meets all practices in the area of supportive relationships and provides added value through local practices. May 200E Pag Af 31 tow Su . <<'ary Develo$n.p o rational Advancing ,:r cellinig C. OPPORTUNITIES AND EXPECTATIONS • • ❑ • ❑ • ❑ ❑ • ❑ • • Little time is spent planning the overall Club program, The Club provides limited opportunities in the five -core program areas. Few computers are available for member use and Internet access is not available. Members do not receive a consistent, strong message about the importance and expectation of character, citizenship, leadership, health, and wellness, avoidance of risk behaviors, academic success, graduation, post -secondary education, and career plans. Members do not have a choice in how they spend their time at the Club, Staff meet regularly and work together to develop and implement a daily, weekly, monthly, and yearly program calendar that ensures a range of activities in all five -core program areas for all age groups. A technology center with quality equipment is available, staffed and well utilized throughout operating hours. A wide variety of strategies are used to express high expectations for all members' character, citizenship, leadership, health, wellness, avoidance of risk behaviors, academic success, graduation, post -secondary education, and career plans. Members are able to choose what activities they engage in while at the Club. The Club meets all statements in the operational category and consistently implements 75% of the practices in the area of opportunities and expectations. The Club consistently meets all practices in the area of opportunities and expectations and provides added value through local practices. D. FUN ❑ ❑ • • ■ • • ❑ • • • ❑ Fun, interest -based activities are restricted to the gymnasium and games room. The Club has adequate space for its program needs, but the building lacks attractive features for young people. Staff members implement activities and programs exactly as prescribed; there are no modifications to attract or retain the interest of young people. Fun, interest -based activities have been scheduled for all areas of the Club. Program areas of the Club are organized and designed to be attractive to all members. The infusion of fun, interest - based activities into all program areas is discussed in weekly staff meetings. All staff members have a ready supply of "on -the -spot" fun games. The Club meets all statements in the operational category and consistently implements 75% of the practices in the area of fun. The Club consistently meets all practices in the area of fun and provides added value through local practices. E. KECOGNII'ION ❑ • • ❑ • ❑ ❑ • • • • ❑ Staff members acknowledge the presence of young people by speaking to as many young people as they can as they walk through the Club. Major awards and accomplishments are prominently displayed. The Club provides extrinsic rewards to encourage program participation and celebrate program completion. Staff members meet on a weekly basis to discuss successes and shortcomings in participation of youth. Staff members strategize on the best ways to reward or redirect young people's behavior. The staff has an established system for regularly displaying and updating members' work and achievement and of providing extrinsic rewards and assisting young people in developing intrinsic motivations to participate in program and attain outcomes. The Club meets all statements in the operational category and consistently implements 75% of the practices in the area of recognition. The Club consistently meets all practices in the area of recognition and provides added value through local practices. May 2006 Page 24 of 31 Topic'Silnn�i�.ary Developing Operahvnai Advancing Excelling F. OVERALL CLUB OPERATIONS AND SUPPORT • ❑ ❑ Club operates on average at less than 75% of optimal daily attendance, less than 30% of members participate two or more times per week throughout the year, and there are no membership recruitment or retention plans. The Club has minimum operating hours and some members are unable to participate because of fees. The Club collects membership information and daily attendance. There are few partners and limited community events take place at the Club. Parents seldom participate in Club activities. • • • • • • ❑ ■ ❑ Club operates on average at 75% to 85% of optimal daily attendance, 31% to 45% of members participate two or more times per week throughout the year, and there are written membership recruitment and retention strategies. The Club operates six days per week and at least five hours per day and membership and program fees exclude some members, but scholarships are provided. The Club has an ongoing system for measuring and assessing the reach and impact of the Club. Club has outstanding community partnerships and hosts a number of ongoing community meetings and special events. Parents are encouraged to be involved in the Club. The Club meets all statements in the operational category and consistently implements 75% of the practices in the area of overall Club operations and support. The Club consistently meets all practices in the area of overall Club operations and support and provides added value through local practices. G. TEENS ■ 0 0 • ❑ 0 ■ 0 0 0 ■ ■ The Club has dedicated hours and a modest budget for teen programming. The Club's teen program is a version of the core program experience for all members. There is little involvement of teens in the development and implementation of programs and activities. There are regular opportunities for teens to provide service to their Club. Teens with innate leadership abilities are provided ongoing opportunities to utilize and The Club has dedicated program hours or space as well as an annual budget for teen programs that reflects a commitment to serve significant numbers of teens. The Club provides a unique experience for all members. Teens are engaged in the development and implementation of programs and activities. There is an active, year-round junior staff program for teenagers. There is an ongoing process, via Club programs and activities, to develop new teen leaders in the Club. The Club meets all statements in the operational category and consistently implements 75% of the practices in the area of teens. The Club consistently meets all practices in the area of teens and provides added value through local practices. H. TRANSITIONS ■ ■ ■ ■ ■ ■ ❑ ■ 0 ■ ■ • There are no policies for how members enter and exit the building. The front entry is not distinguished by check -in- desk staff. Members are not greeted as they enter the building and membership cards are not required. The Club does not conduct a new member orientation and there are few program schedules on display. The Club has defined policies on how members enter and exit the building. The entry area is clearly defined and staffed. Members are greeted by first name as they enter the building and must present a membership card to gain entry. The organization conducts an orientation for new members and daily, weekly, and monthly schedules are posted in a prominent location and at the entrance of each program area. The Club meets all statements in the operational category and consistently implements 75% of the practices in the area of transition. The Club consistently meets all practices in the area of transitions and provides added value through local practices. May 200( Pas Df 31 STANDARDS OF ORGANIZATIONAL EFFECTIVENESS (SOE) MARKETING AND COMMUNICATIONS Topic Sum-mary fleveloping Operational Advancini FxcellinIT A. BOARD INFLUENCE AND INVOLVEMENT ❑ ❑ ❑ There is limited involvement by Club board and staff leaders on other community boards and groups. ❑ ❑ • ❑ • • ❑ • • No board or staff leaders of the organization are involved on other community boards or groups. The organization has (hoard and staff) representation on issues affecting youth through community boards, commissions and civic organizations. The organization has active board and staff representation on various community boards, commissions and civic organizations that affect decisions and influence/advocate for youth issues. B. IMAGE • • • • ❑ • • • ■ • • • Facilities, vehicles and other Club assets are poorly maintained and often used in a manner that does not reflect a positive image. Facilities, vehicles and other Club assets are maintained and utilized in a manner that generally reflects a positive image. The organization's facilities, vehicles and other Club assets are maintained and utilized in a manner that reflects a positive image. The organization uses external market resources to support and develop its image. The organization's facilities, vehicles and other Cub assets are maintained and utilized consistent with written guidelines and training and in a manner that always reflects a strong positive image. The Club measures external market research and implements plans for improvements. C. MEDIA RELATIONS ❑ • • 0 • • • • • • ❑ ■ There is little or no attempt to maintain contact with local media representatives. The organization has periodic or occasional contact with local media representatives for publicity and advertising purposes. The organization has regular, planned contact with local media representatives for publicity and advertising purposes. The organization has a written plan for ongoing contact with local media representatives and maintains a local media list. The organization maintains and reviews a written plan for ongoing contact with all local media, both for publicity and advertising. The plan maximizes media exposure and results are published in a quarterly report to the board. D. BOYS & GIRLS CLUBS OF AIVIERICA MARKETING MATERIALS • • • • • • • 0 • ❑ ■ . ■ The organization does not use Boys & Girls Clubs of America marketing materials or they are used with very poor adaptation. The organization uses Boys & Girls Clubs of America public service announcements sporadically. The organization does not coordinate media requests with other Boys & Girls Club organizations in the same media market. The organization regularly uses Boys & Girls Clubs of America public service announcements and marketing materials. The organization coordinates with other Boys & Girls Club organizations in the same media market, and localizes ads only as appropriate. The organization uses Boys'& Girls Clubs of America public service announcements and marketing materials. Local campaigns are created and implemented to augment and complement Boys & Girls Clubs of America advertising materials. May 2006 Page 26 of 31 Csl May 200E Tome Su•mmary Developing Operational Advancing ,Excelling E. STRA STING STRATEGY ❑ ❑ ❑ The organization has an active Marketing and Communications Committee leveraging outside resources to assist in developing and implementing an aggressive written strategy and plan for positioning its Club(s) for community/brand recognition and support as "The Positive Place for Kids," with written outcome measures resulting in income streams for the organization. • ■• • • ❑ ■ ❑ • • The organization has no Marketing and Communications Committee and little, if any, activity underway to promote awareness of and support for its Club(s), The organization has a Marketing and Communications Committee that meets occasionally to plan and implement efforts to gain recognition and support for its Club(s). The organization utilizes Boys & Girls Clubs of America's advertising, public service announcements and other marketing materials. The organization has a Marketing and Communications Committee which meets regularly and has developed and implemented a written strategy to gain recognition and support for its Club(s) as "The Positive Place for Kids," including a written plan for targeting appropriate publics. F. COMMUNICA- TIONS/PUBLIC RELATIONS CAMPAIGN The organization implements a year- round written communications/ public relations program including utilization of appropriate media to reach each public; allocation of budget; and evaluation of total program. The organization has no public relations/communications program. There is a limited communications program, which includes utilization of appropriate media to reach the public. The organization implements a comprehensive written communications/public relations program including utilization of appropriate media to reach each public, allocation of at least 5% of budget and evaluation of the total program. G. PROMOTIONAL MATERIALS REFLECT POPULATION SERVED 0 • 0 0 • • • • ❑ • ❑ 0 Promotional materials do not reflect diversity of the organization. Promotional materials occasionally reflect diversity of youth, Promotional materials usually reflect diversity of the youth and staff. Promotional materials always reflect diversity of the youth, staff and board, H. CRISIS MANAGEMENT PLAN 0 • - ■ • • • 0 • • El ■ There is uncertainty as to who speaks for the organization and with what message. There is a written crisis management plan. The chief professional officer (CPO) usually speaks for the organization. The organization has a designated spokesperson with written guidelines for responding to crises that are clearly understood by board and staff members. The organization has a written crisis management plan approved by the board that is clearly understood by board and staff members, Response to crises is reviewed and rehearsed at least annually. I. BOYS & GIRLS CLUBS OF AMERICA'S GRAPHIC STANDARDS 0 0 • • 0 • 0 0 • • • ■ Adherence to graphic standards is limited. The current service mark of Boys & Girls Clubs of America is displayed on the outside of its building and on all appropriate printed matter and complies with approved graphic standards. Vendors, staff, and board members receive annual orientation and training on graphic standards. Staff and board share best practices and adherence to graphic standards with the Movement. Pag if 31 Topic. Summary peveiopi-np Operational Advancing Excelling J. INTERNET ❑ •■ D 0 0 0 0 • • • ■ The high UTILIZATION AND The organization lacks a functioning, professionally The organization maintains a basic Web site that is updated at least The organization's Web site contains essential, accurate organization maintains a - quality, regularly updated Web site. developed Web site. quarterly. There is little use of information about Club programs Email inquiries from the public are MANAGEMENT available marketing materials. The and events and is updated monthly answered promptly. Resources are organization meets Boys & Girls There is a designated staff person or downloaded and used. A cost - Clubs of America's graphic volunteer to update and maintain the benefit analysis is conducted standards and the site contains a link to www.bgca.org. organization's Web site. National marketing materials are regularly downloaded and used. annually. --4,1 May 2006 Page 28 of 31 STANDARDS OF ORGANIZATIONAL EFFECTIVENESS (SOE) FACILITIES Topic Summary Developing Operational AdYancinp Excelling A. SAFETY • 0 • • • O • 0 O ❑ O • Club personnel are not easily identified. Configuration of building makes it difficult to supervise youth. Building and grounds do not appear secure There is no emergency plan in place. The facility has a basic security system in place. The board has established a committee to ensure Club safety and maintenance. Club staff is easily identified. There is controlled access to the building. Building(s) is/are regularly inspected by the fire marshal. There is good visibility into all activity spaces. A written crisis plan is available to all staff. Buildings and grounds are free of common hazards. Emergency exit doors are unblocked, clearly marked, alarmed, and operable. Clothing or ID easily identifies Club staff. There is controlled access to property and buildings. The organization has an electronic security system that is monitored externally. Entrance routes are observable and controllable at all times. There is walk -by visibility into all program areas as well as video and/or staff monitoring capabilities internally and externally. The organization provides documented crisis response training for all staff. B. STRATEGICALLY LOCATED • O ❑ • • O • O O • • ❑ Facilities are located in an area that is clearly inappropriate for access by large numbers of youth. Facilities are located in a marginally effective area for reaching a large number of youth. The organization's facilities are located so as to reach and serve a large number of targeted youth, The organization's facilities are strategically located so as to reach and serve a large number of targeted youth. The organization conducts a periodic review to assure continued location appropriateness. C. ADEQUACY OF FACILITIES • ❑ • � • • • • • • • O The organization operates poorly equipped, limited facilities only capable of housing a marginally vaned and diversified program. The organization operates limited facilities that are adequately equipped and capable of housing a varied and diversified program. The organization operates facilities that are adequately equipped and capable of housing a varied, diversified program. The organization operates optimally equipped facilities capable of housing a varied and diversified program.. D. MAINTENANCE OF FACILITIES LI O 0 Facilities are believed to be safe. but are not regularly cleaned or repaired to remain functional. • • 0 • 0 0 • • 0 All components of building, grounds, equipment and furnishings are cleaned regularly and operate properly in accordance with local codes, applicable laws and ordinances. The organization has a written maintenance schedule for cleaning, for repairing and replacing equipment and furnishings as needed. The organization has a written, multi -year preventive maintenance plan and upgrade schedule, �} May 200E Pag f 31 Topic Summary Developing Operational` Advancing Excelling E. AGE APPROPRIATE- NESS 0 0 0 Facilities attract children and teens, but there is no apparent effort to address different age groups' needs by providing age -appropriate equipment and furniture. 0• 0 •0 • 0 • Program areas are functional for both children and teens with shared space but distinct equipment. Games, toys, books and furniture for each age group are available and in good repair. Program areas are dedicated for two age groups (6 to 12 and 13 to 18). Games, toys and books for each age group are available and in good repair. Fumiture is kid/teen friendly. Within each program area there are dedicated spaces for 3 main age groups (6 to 9, 10 to 13, and 14 to 18). Games and toys for each age group are available and in good repair. Furniture is available in 3 sizes to accommodate most members. Pertinent information is displayed at eye level of target audience. F. CLUB ENVIRONMENT Entire facility is clean and well lit. Program spaces are of adequate size for function. Color scheme may be out of date but clean. Light levels and sound controls are adequate for tasks; temperature is appropriate. Program spaces are inadequate in size/proportion for use. Decor is drab, outdated, mismatched or disorganized. Program spaces are of adequate size and proportion and can be used for multiple functions Color scheme is fun and child -friendly, and there is a sense of order in the space without it being rigid. Light levels, sound control and temperature support the Club environment. Program spaces are inviting, are of adequate size and proportion and support several different furniture arrangements for different learning styles. The color scheme is fun and child -friendly and planned to enhance environment. Light sources exceed recommended standards and include abundant natural light. Sound levels and temperature are conducive to fun and learning. G. FINANCIAL RESERVES FOR MAINTENANCE ■ • ■ ■ ■ ❑ There is no plan or provision for major repairs and improvements to facilities and equipment. The organization usually finds funding for major repairs and improvements, sometimes at the cost of operating income or with costly delays. The organization has access to funds for major repairs and improvements to facilities and equipment. The organization has a designated facilities reserve fund. The organization has designated adequate financial reserves for the maintenance and replacement of facilities and equipment. H. PLANNED MAINTENANCE 0 • 0 • • • • • • • The planned maintenance program, if any, is superficial and sporadic, responding primarily to urgent • conditions. There is an informal planned maintenance program characterized by frequent inspections of major facilities and equipment. The organization has a systematized, ongoing planned maintenance program. The organization has a written planned maintenance program, complete with schedules and accountability assignments. ..�z May 2006 Page 30 of 31 o ®' :1le AC . _ ! Developing 'Operational Aduanncin'g Excelling I. FACILITY/ EQUIPMENT USAGE POLICY ■ ■ ❑ ■ ■ ■ There are no established policies for the use of facilities by others during non -Club hours. The organization has policies regarding the use of facilities by others during non -Club hours. The organization has established written policies for use of its facilities by others during non -Club hours, The organization has formal, comprehensive policies for the use of its facilities and equipment by others that are reviewed annually by the board in line with budget considerations. J. GENDER INCLUSION AND ACCESSIBILITY 0 • • 0 0 • 0 0 • • ❑ 0 Facilities and equipment favor one gender. Facilities and equipment are generally reflective of gender needs in appropriate balance and are gradually improving. An effort is made to mainstream disabled children as needed, Facilities and equipment are reflective of gender needs, and a written plan is being implemented for needed changes. Facilities and equipment reflect full and equal consideration for girls and boys. A written plan is in place to make the building compliant with the Americans with Disabilities Act. G May 200E Pac Yf 31 ACORL3 CERTIFICATE OF LIABILITY INSURANCE OP ID vz BOYS&-1 DATE(MWDDIYYYY) 12/01/10 EXTEND OR BELOW. PRODUCER North County Insurance 350 W. 9th Ave. Suite 106 IO. Box 907 condido CA 92033-0907 one:760-745-9511 Fax:760-745-9157 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, ALTER THE COVERAGE AFFORDED BY THE POLICIES INSURERS AFFORDING COVERAGE NAIC# INSURED - Boys & Girls Clubs of Greater San Diego 115 W. Woodward Avenue Escondido CA 92025-2638 INSURERA Philadelphia Indemnity Ins. co INSURER e'. _ INSURERC INSURER D: INSURERE: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSH NpUU'eeyy LTR INSRO TYPE OF INSURANCE POLICY NUMBER POLICY ATE(MFFECTYIIE PDAICY EXPIRATION TE(MM00NY ) LIMITS A X GENERAL X LIABIIJTY COMMERCIAL GENERAL !Amur,' PHPK593327 - 07/01/10 .07/01/11 EACH OCCURRENCE_ $1000000 PRE ISES{Eeocwrence) $ 100000 CLAIMSMAOE X OCCUR MEDEXP(Any one person) $5000 - PERSONAL WLAOV INJURY $ 1.000000 GENERAL AGGREGATE $ 3000000 GEN'L X AGGREGATE LIMIT APPLIES PER POLICY) I JECCT 1 I LOC PRODUCTS - COMP/OP AGG $3000000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS - COMBINED SINGLE LIMIT (Ea accident S BODILY INJURY (Per person) 5 BODILY INJURY (Per accident) 5 PROPERTY DAMAGE (Per accident)) ' GARAGE LIABILITY ANY AUTO 1 AUTO ONLY - EA ACCIDENT 5 OTHER THAN EA ACC 5 AUTO ONLY: AGG $ A EXCESS/UMBRELLALIABILITY X X OCCUR I I CLAIMS MADE DEDUCTIBLE RETENTION $ 10 , 000 PHPK593327 07/01/10 07/01/11 EACH OCCURRENCE $4,000,000 AGGREGATE 5 5 5 $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? IEsCIAeL sPcROudOeNr $S below I WC LIMITS R �TDRY EER EL. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS W LOCATIONS 1VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *10 Days notice in the event policy is cancelled for non payment of premium. Certificate holder named as additional insured as respects to location at 1430 D Ave., National City, CA 91950-4532 CERTIFICATE HOLDER CANCELLATION City of National City, Its Officers,Agents & Employees Attn: George Eiser 1243 National City Blvd National City CA 91950-4301 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 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AGTIT�RIZE D REPRESITA-__ ACORD 25 (2001/08) © ACORD CORPORATION 1986 .xmy(r+..,r.m• t- f ac..+„�a. hx+.a y�u�.rk 7n' d^rv- .+� l D AND CONVEYS ALL THE °' p``n lDATE ACORD WO P ISSUED, 15 IN FORCE, THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. PRODUCER =4; 760-745-9511 17.60-745.-9157 COMPANY Philadelphia Indemnity Ins. Co Philadelphia Ins. Companies 27101 Puerta Read #200 Mission Viejo CA 92691 North County Insurance 350 W. 9th Ave. Suite 106 P. O. Box 907 Escondido CA 92033-0907 House Account CODE: SUB CODE: CUENCY STOMERIDit: BOYS&-1 INSURED - Boys & Girls Clubs of Greater San Diego 115 W. Woodward Avenue Escondido CA 92025-2638 LOAN NUMBER POLICY NUMBER PHPK593327 EFFECTIVE DATE 07/01/10 EXPIRATION DATE 07/01/11 _ CONTINUED UNTIL 1 ( TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: �,1 a h U>rL^:. PRE E�'S i. �s/� ���� �D�`y.. ? na 2 3aF 3d0. ix A`..F`5 N D— �} %- .I.ti,' }aa b..:��..�,.-�.+�.,• r"9a+' :,6, y!` c3 yrr l� f S"i vs• t mi~ Y m5« 3M .v = {" xk4 1,3 . '' fJ«.0 .�^' LOCATION/DESCR1PT10N 001 1430 D Ave National City. CA 91950-4532 t f-yet.ZS}3`"'P 3'-F"-'s-rt COVERAGE -'FIN ORA➢, TON ,' r �?# 7 r: x,�Ab x'.-u;c .r'i ee.t 3s.cy x 4 . 1� t "�awti`S i.Wsae,�' •"< d_ a AMOUNT OF INSURANCE 1 :Fr'.` rf.� :. tF ,, DEDUCTIBLE !z-.kea+ve.W�as'v:R='iA"aL-M1:G.'Ra'sN COVERAGE/PERILS/FORMS BLANKET BUILDINGS, SPECIAL FORM, REPLACEMENT COST 30,244,592 1000 RENIAf?KS tan S ce ial G1Dns► r *10 DAYS NOTICE OF CANCELLATION IN THE EVENT THE POLICY IS CANCELLED FOR NON PAYMENT OF PREMIUM. LOSS PAYEE: CITY OF NATIONAL CITY, ITS OFFICERS, AGENTS AND EMPLOYEES AS ADDITIONAL INSUREDS. �. � i- CA dkf TION a u ,�ai, y, A. ` a y �5�„ v �.azua��f.e`9>L.vw �K 6L"v'�i:£v'�.�.`aK'y.$� wl�R i,r (�w� V��Huriiw autu. 2'.»i?u �.+..i.;�y..•T ]"��Yin ciL-fe+�-A THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD INTEREST, IN ACCORDANCE WITH THEPOLICY PROVISIONS OR .AS REQUIRED BY LAW. seia�- � ��i I3.... ,5'Q...a'.5��':tilV PERIOD. SHOULD *30 P L�. - v {' -. THE DAYS AFFECT THAT R k4. ' .iM'f i.f' � l .Y S , yb 3'>"' rF Wi L pDD1110tJA�IN(ERS, .rr_,�� _,. cuwTxuF.c •� is.;:x,.,,..w ..s_3..:... tads,.:r.'_.�. �_.�L,:... X fi��Y ki_ � _.. e_..u..c.. MORTGAGEE LOSS PAYEE . kvx a"4' Af - '2 'F Mi y,,,, £2�.araLaw z�-�.sn.:atxio•s'o-F... ADDII IONAL INSURED .: NAME AND ADDRESS CITY OF NATIONAL .CITY SEE ABOVE ATTN:GEORGE EISER 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950-4301 LOAN# AUTHORIZED REPRESENTATIVE y/ - - ��zyrr_-- x T Y .,,.. •Y , d'' Ss£'n,�... u©ACpRD 0.1-R 2 AY 993 D . '" AM ACORX27 3193i z '` ,' - YFteJ S. VX:'S Js_r R. 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 (2001/08) Philadelphia Indemnity Insurance Company Additional Insured Schedule Policy Number: PHPK593327 Additional Insured Penske Truck Leasing Co., LP and it;s partners Truck Rental Services 1355 Linda Vista Dr San Marcos, CA 92078-3804 CA2001 - CA - Veh #6 1990 IHC Bus - 1HVBBZ27N6MH3085B8 CA2001 - CA - Veh #7 1991 IHC Bus - 1HVBBZ7N8M1-1308592 CA2001 - CA - Veh #8 1997 DODGE Ram - 2B4HB15X0VK551234 CA2001 - CA - Veh #9 2000 DODGE Ram Van - 2B5WB35Y01K508482 CA2001 - Commercial Automobile Additional Insured City of National City Its Offices, Agents & Employees Attn: Ginny Orcutt 1243 National City Blvd National City, CA 91950-4301 CG2011 - CA - Loc #23 - 334 (YMCA/YWCA/SIMILAR INSTITUTION) Additional Insured Boys & Girls Club of America 4201 Long Beach Blvd Ste 101 Long Beach, CA 90807-2010 CG2010 - CA - Loc #23 - 334 (YMCA/YWCA/SIMILAR INSTITUTION) Page 7 of 12 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A 20-YEAR LEASE BETWEEN THE CITY AND THE BOYS' AND GIRLS' CLUB OF GREATER SAN DIEGO, INC., FOR THE CITY -OWNED LAND AND BUILDING LOCATED AT 1430 D AVENUE WHEREAS, in December, 2008, shortly after the Boys' and Girls' Club of National City merged with the Boys' and Girls' Club of Greater San Diego, Inc., ("BGCGSD"), the City entered into a month -to -month lease with BGCGSD of its land and building at 1430 D Avenue (the "Property") with the understanding that a long-term lease would eventually be entered into; and WHEREAS, BGCGSD and the City are now desirous of entering into a Tong -term lease for the Property for the purpose of maintaining a clubhouse thereon, and for promoting the physical, mental, and moral well-being of the boys and girls of the City of National City, and for boys and girls in the immediate vicinity; and WHEREAS, the term of the Lease will be for a period of 20 years with an annual payment to the City of $1.00; and WHEREAS, the use of the Property for the purpose of a Boys' and Girls' Club will promote the general welfare of all the inhabitants of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Lease with the Boys' and Girls' Club of Greater San Diego, Inc., for the land and building located at 1430 D Avenue. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of December, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 9, 2010 AGENDA ITtM NO. 17 M TITLE: Resolution of the City Council of the City of National City Approving Facility Use Agreements between the Boys' and Girls' Club of Greater San Diego, Inc., the National School District, and the Sweetwater Union High School District; and a Sublease between the Boys' and Girls' Club of Greater San Diego, Inc., and Praise Gospel Christian Fellowship, for portions of the City - owned building located at 1430 D Avenue PREPARED BY: George H. Eiser, III DEPARTMENT: City Attorney PHONE: Ext. 4221 EXPLANATION: Please see attached memorandum. APPROVED BY: 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: morandum solution CALIFORNIA Mayor Ron Morrison Council Members Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate N, TIO AL in J INCORPORATED Office of the City Attorney City Attorney Claudia Gacitua Silva Legal Counsel George H. Eiser, III Senior Assistant City Attorney Jodi L. Doucette TO: Mayor and City Council DATE: November 29, 2010 FROM: George H. Eiser, III, Legal Counsel SUBJECT: Approval of Facilities Use Agreements and Sublease for 1430 D Avenue Under a related item for this agenda, the City Council will consider a resolution to approve the lease of the City -owned land and building located at 1430 D Avenue to the Boys' and Girls' Club of Greater San Diego, Inc., (BGCGSD) for a period of 20 years. Pursuant to Section 6 of the proposed lease, the Lessee (BGCGSD) shall not assign or sublet the leased premises without the City's prior written consent. BGCGSD has requested City approval of the following agreements for the use of various areas within the leased premises: • Facility Use Agreement with National School District from August 30, 2010 through June 10, 2011, for the District's "Instrumental Music Program". • Facility Use Agreement with Sweetwater Union High School District from July 21, 2010 through June 3, 2011, for the District's "National City Alternative Academy". • Sublease with Praise Gospel Christian Fellowship from August 1, 2010 through August 1, 2011, for "church gatherings of approximately 40 people". I have reviewed each of these agreements and determined that they contain provisions adequate to protect the City's interests. Approval, conditional approval, or disapproval of the aforementioned agreements is within the City Council's discretion. It is recommended that the City Council act upon these agreements at the same meeting that the lease with BGCGSD is considered. GEORGE H. EISER, III Legal Counsel GHElgmo 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING FACILITY USE AGREEMENTS BETWEEN THE BOYS' AND GIRLS' CLUB OF GREATER SAN DIEGO, INC., THE NATIONAL SCHOOL DISTRICT, AND THE SWEETWATER UNION HIGH SCHOOL DISTRICT; AND A SUBLEASE BETWEEN THE BOYS' AND GIRLS' CLUB OF GREATER SAN DIEGO, INC., AND PRAISE GOSPEL CHRISTIAN FELLOWSHIP, FOR PORTIONS OF THE CITY -OWNED BUILDING LOCATED AT 1430 D AVENUE WHEREAS, since its merger with the Boys' and Girls' Club of National City, the Boys' and Girls' Club of Greater San Diego, Inc., ("BGCGSD") has occupied the City -owned land and building at 1430 D Avenue (the "Leased Premises") pursuant to a month -to -month lease; and WHEREAS, a 20 year lease for said Leased Premises has been proposed; and WHEREAS, Section 6 of the proposed Lease provides that the Lessee ("BGCGSD") shall not assign or sublet the Leased Premises without the prior written approval of the Lessor (the City); and WHEREAS, BGCGSD has requested the City's approval of the following agreements pursuant to Section 6 of the Lease: • Facility Use Agreement with National School District from August 30, 2010 through June 10, 2011, for the District's "Instrumental Music Program"; • Facility Use Agreement with Sweetwater Union High School District from July 21, 2010 through June 3, 2011, for the District's "National City Alternative Academy"; • Sublease with Praise Gospel Christian Fellowship from August 1, 2010 through August 1, 2011, for "church gatherings of approximately 40 people"; and WHEREAS, the City Attorney's office has reviewed these agreements and determined that they contain provisions adequate to protect the City's interests. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the following agreements with the Boys' and Girls' Club of Greater San Diego, Inc., for the use of various portions of the City -owned building located at 1430 D Avenue: • Facility Use Agreement with National School District from August 30, 2010 through June 10, 2011, for the District's "Instrumental Music Program"; • Facility Use Agreement with Sweetwater Union High School District from July 21, 2010 through June 3, 2011, for the District's "National City Alternative Academy"; • Sublease with Praise Gospel Christian Fellowship from August 1, 2010 through August 1, 2011, for "church gatherings of approximately 40 people"; and Resolution No. 2010 — Page 2 BE IT FURTHER RESOLVED that any renewal or extension of the aforementioned agreements, or any facility use agreements, subleases, or similar agreements pertaining to the Leased Premises between BGCGSD and other parties, shall require the prior written approval of the City Council. PASSED and ADOPTED this 7th day of December, 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 7, 2010 AGENDA ITEM NO. 18 M TITLE: Ratify the revisions to the Memorandum of Agreement approved on October 5, 2010 with SANDAG, acting as the San Diego County Regional Transportation Commission, to provide advanced funding through debt financing for use on Transnet eligible projects and refinance the variable rate commercial paper of $3,366,000 into fixed rate bonds from FY 2011 until FY 2020 (10 years). (Finance) PREPARED BY: Jeanette Ladrido, CPA DEPARTMENT: PHONE: 336-4331 APPROVED BY: EXPLANATION: On October 5, 2010, the City Council of the City of National City authorized SANDAG, acting as the San Diego County Regional Transportation Commission, to provide advanced funding through debt financing for use on Transnet eligible projects and refinance the variable rate commercial paper of $3,366,000 into fixed rate bonds for 10 years. Since the time that Council approved the resolution, there have been minor revisions to the MOA. The City Attorney and Finance Director have reviewed these revisions and have determined that the changes have not materially changed the terms of the agreement. Although the changes do not alter terms material to the City, as this document has changed, ratification is the appropriate route. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: ti- Finance MIS STAFF RECOMMENDATION: Accept and file the memorandum of agreement with SANDAG, acting as the San Diego County Regional Transportation Commission. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Memorandum of Agreement RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING THE MEMORANDUM OF AGREEMENT DATED NOVEMBER 18, 2010, ORIGINALLY APPROVED ON OCTOBER 5, 2010, AND NOW REVISED, WITH SANDAG ACTING AS THE SAN DIEGO COUNTY REGIONAL TRANSPORTATION COMMISSION TO PROVIDE ADVANCED FUNDING THROUGH DEBT FINANCING FOR USE OF TRANSNET ELIGIBLE PROJECTS, AND REFINANCE THE VARIABLE RATE COMMERCIAL PAPER OF $3,366,000 INTO FIXED RATE BONDS FROM FY 2011 UNTIL FY 2020 WHEREAS, on October 5, 2010, the City Council adopted Resolution No. 2010- 233, approving a Memorandum of Agreement ("MOA") between SANDAG and the City of National City to provide advanced funding though debt financing for Transnet eligible projects and refinance the variable rate commercial paper of $3,366,000 into fixed rate bonds for 10 years, and authorized the City Manager to execute any necessary documents relating to the receipt of said funds from SANDAG, including but not limited to a Memorandum of Agreement (MOA); and WHEREAS, after approving the MOA on October 5, 2010, SANDAG requested further revisions to the MOA and asked that a new MOA be signed by November 18, 2010; and WHEREAS, the revisions to the MOA were generally stylistic and the one change which addressed the timing of SANDAG's paydown of the outstanding commercial paper was not considered to materially affect the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies the Memorandum of Agreement dated November 18, 2010, with SANDAG acting as the San Diego County Regional Transportation Commission to provide advanced funding through debt financing for use of Transnet eligible projects, and refinance the variable rate commercial paper of $3,366,000 into fixed rate bonds from 2011 until 2020. Said Memorandum of Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of December, 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney MEMORANDUM OF AGREEMENT BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS, ACTING AS THE SAN DIEGO COUNTY REGIONAL TRANSPORTATION COMMISSION AND THE CITY OF NATIONAL CITY REGARDING DEBT FINANCING THROUGH THE TRANSNET PROGRAM SANDAG AGREEMENT NO. 5001578 This Memorandum of Agreement ("MOA") is made and entered into effective as of this 18th day of November, 2010, by and between the San Diego Association of Governments, acting as the San Diego County Regional Transportation Commission ("SANDAG"), and the City of National City ("City"). RECITALS The following recitals are a substantive part of this Agreement: WHEREAS, SANDAG serves as the San Diego County Regional Transportation Commission and, in that role, is responsible for the administration of programs under the TransNet Extension Ordinance (Proposition A, November 2004), which sets forth permitted uses for revenues from a %: cent transactions and use tax in San Diego County (TransNet Extension Program); and WHEREAS, in order to accelerate the implementation of TransNet tax -funded projects, SANDAG has established a debt financing program to provide advanced funding for eligible projects under the TransNet Extension Ordinance; and WHEREAS, SANDAG requires that an agency receiving proceeds from the TransNet debt financing program shall be responsible for its proportionate share of the issuance costs, as well as the ongoing interest and related administrative costs from the date the proceeds are issued until the principal amount of the loan is fully repaid; and WHEREAS, the City wishes to borrow three million, three hundred sixty-six thousand dollars ($3,366,000) through the TransNet debt financing program for the refinance of outstanding commercial paper; and above; WHEREAS, the parties wish to memorialize their agreement in this MOA to carry out the purposes set forth AGREEMENT NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows: C-70229 (Rev 09/05) SANDAL AGREES: 1. To refinance TransNet outstanding commercial paper for the City of three million, three hundred sixty-six thousand dollars ($3,366,000), subject to certain conditions set forth below and SANDAG Board Policies concerning TransNet Extension Program loans. 2. SANDAG will pay down within seven calendar days the outstanding commercial paper following the issuance of the proceeds or the execution of this Agreement, whichever is later. THE CITY AGREES: The governing body of the City at its October 5, 2010, meeting approved the request to refinance three million, three hundred sixty-six thousand dollars ($3,366,000) of commercial paper. 2. City agrees to use the funding provided under this MOA solely for the refinance of outstanding commercial paper. 3. The City will pay its proportionate share of the bond issuance costs, and annual debt service costs, which include principal and interest payments, and annual administrative costs from the date the debt is issued until the final principal and interest amounts of the applicable bonds are fully repaid. 4. The repayment of debt, in all cases, shall be the first priority on the use of City's annual TransNet revenues. The City agrees not to subordinate SANDAG's lien on the TransNet revenues to any other claim upon these funds. The amounts to be deducted and the teens of repayment (if appropriate) are estimated and set forth in the Repayment Schedule, which is Attachment A hereto. 5. The City agrees to indemnify, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to projects financed through funding provided under this MOA. THE PARTIES MUTUALLY AGREE: 1. That all obligations of SANDAG under the terms of this MOA are subject to the appropriation of the required resources by SANDAG and the approval of the SANDAG Board of Directors. 2. Any notice required or permitted under this MOA may be personally served on the other party, by the party giving notice, or may be served by certified mail, return receipt requested, to the following addresses: For SANDAG: 401 B Street, Suite 800 San Diego, CA 92101 Attn: Director of Finance For City of National City: 1243 National City Boulevard National City, CA 91950 Attn: Director of Finance 3. That unless it is amended by the parties in writing, this MOA shall terminate on the date the final principal and interest amounts of the applicable bonds are fully repaid or on such earlier or later date as the parties may agree to in writing. 4. The indemnification provisions of this MOA shall survive termination of the MOA. C-70229 (Rev 09/05) 5. This MOA shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this MOA, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. 6. All terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 7. For purposes of this MOA, the relationship of the parties is that of independent entities and not as agents of each other or as joint venturers or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 8. No alteration or variation of the terms of this MOA shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 9. Nothing in the provisions of this MOA is intended to create duties or obligations to or rights in third parties to this MOA or affect the legal liability of the parties to this MOA to third parties. 10. This MOA may be executed in any number of identical counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument when each party has signed one such counterpart. 11. This MOA may be executed and delivered by facsimile signature, and a facsimile signature shall be treated as an original. IN WITNESS WHEREOF, the Parties hereto have executed this MOA effective on the day and year first above written. SAN DIEGO ASSOCIATION OF CITY OF NA ONAL CITY GOVERNMENTS GARY L. GALLEGOS Executive Director APPROVED AS TO FORM: Office of General Counsel CHRIS ZAPAT City Manager Repayment Schedule City of National City 2010 Series B Bonds (Tax -Exempt) Attachment A C-70229 (Rev 09/05) Fiscal Year Principal Interest Total Debt Service 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 204,712.38 274,614.15 284,600.12 289, 593.11 304,572.06 314,558.03 324,544.00 339, 522.95 354,501.91 369,480.86 44,157.13 108,647.35 100,408.92 91,870.92 80,287.19 68,104.31 55,521.99 42,540.23 28,959.31 14,779.23 248, 869.51 383,261.50 385,009.04 381,464.03 384,859.25 382, 662.34 380,065.99 382, 063.18 383,461.22 384,260.09 TOTAL 3,060,699.57 635,276.58 3,695,976.15 4a Par Amount Premium 3,060,699.57 323,255.76 Total Sources 3,383,955.33 CP Takeout COI/UD 3,366,000.00 17 955.33 Total Uses 3,383,955.33 C-70229 (Rev 09/05) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 7, 2010 AGENDA ITEM NO. 19 EM TITLE: Resolution of the City of National City consenting to the San Diego Housing Commission's staffing of Housing Development Partners, a nonprofit 501 (c)(3) Corporation, in the development of the Senior Village Rehabilitation, Enhancement and Expansion Project within the City of National City (Community Development, Housing and Grants) PREPARED BY: Carlos Aguirre DEPARTMENT: C. unity ►--velopment PHONE: (619) 336-4391 APPROVED B EXPLANATION: On November 21, 2010 the Community Development Commission of the City of National City adopted a resolution approving an Exclusive Negotiating Agreement with Senior Village Housing Partners, LLC to rehabilitate and expand senior housing and facilities at the Kimball and Morgan Towers site. Senior Village Housing Partners, LLC is owned by Chelsea Investment Corporation, Housing Development Partners, and Senior Community Centers. Housing Development Partners (HDP), is a 501(c) 3 not -for -profit corporation established to develop affordable housing in the City of San Diego and the area within five miles of its territorial boundaries. HDP has entered into a Memorandum of Understanding with the San Diego Housing Commission (SDHC), a public agency, to provide staffing for HDP on a reimbursable basis. Pursuant to California Health and Safety Code 34208, SDHC requires the consent of the City of National City by resolution to allow SDHC to provide staffing to HDP within the territorial boundaries of the City of tional City. FINANCIAL STATEMENT: ACCOUNT NO. Not applicable to this report. ENVIRONMENTAL REVIEW: Not applicable to this report. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: achment No. 1: MOU between the San Diego Housing Commission and Housing Development rtners RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONSENTING TO THE SAN DIEGO HOUSING COMMISSION'S STAFFING OF HOUSING DEVELOPMENT PARTNERS, A NONPROFIT 501(C)(3) CORPORATION, IN THE DEVELOPMENT OF THE SENIOR VILLAGE REHABILITATION, ENHANCEMENT AND EXPANSION PROJECT WHEREAS, Housing Development Partners (HDP) has been selected by the Community Development Commission of the City of National City (CDC) to develop the Senior Village Rehabilitation, Enhancement and Expansion Project within the territorial boundaries of the City of National City; and WHEREAS, HDP, a non-profit 501(c)(3) corporation, has entered into a Memorandum of Understanding (MOU) with the San Diego Housing Commission (SDHC), a public agency, to provide staffing for HDP on a reimbursable basis; and WHEREAS, the "area of operation" of the SDHC includes the City of San Diego and the area within five (5) miles of its territorial boundaries, according to Health and Safety Code Section 34208; and WHEREAS, pursuant to the provisions of Health and Safety Code Section 34208, SDHC requires the consent of the City of National City by resolution to allow SDHC to provide staffing to HDP within the territorial boundaries of the City of National City. NOW, THEREFORE, BE IT RESOLVED that pursuant to the provisions of Health and Safety Code Section 34208, the City Council of the City of National City hereby consents to the San Diego Housing Commission's staffing of Housing Development Partners for Housing Development Partners' work within the City of National City for the development the Senior Village Rehabilitation, Enhancement and Expansion Project within the territorial boundaries of the City of National City. PASSED and ADOPTED this 7th day of December, 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney —Attachment MEMORANDUM OF UNDERSTANDING "AGREEMENT" This AGREEMENT ("AGREEMENT") is made as of this /3*4 day of , 1995, by and between the SAN DIEGO HOUSING COMMISSION, (the "COMMISSION") and SAN DIEGO HOUSING DEVELOPMENT CORPORATION, a California public benefit corporation (hereinafter "SDHDC"). The COMMISSION and the SDHDC are collectively referred to herein as the "PARTIES". RECITALS A. SDHDC desires to embark upon a Program (the "Program") to assist low and moderate income residents, who are either working and/or living in the City of San Diego and to purchase, acquire, construct, rent, sell and/or rehabilitate Real Property within the City of San Diego to further the goals of the "Program" and to further the goals of SDHDC as set forth in the Mission Statement attached hereto as Exhibit "1". B. SDHDC is not currently able to fund administration costs to promote its goals as set forth in the Program and the Mission Statement. C. The COMMISSION has the staff, expertise and ability to loan staff members, supplies, equipment and administrative capacity to SDHDC until such time as SDHDC is able to fund its overhead and administrative costs; D. The COMMISSION is not willing to provide staff expertise, supplies, equipment and capacity to SDHDC, unless SDHDC is willing to reimburse the COMMISSION for the costs incurred. E. SDHDC is willing to reimburse the COMMISSION when funds are available. F. COMMISSION and SDHDC are desirous of documenting their AGREEMENT. NOW, TFFREF.ORE, in consideration of the Recitals stated -Move ani the mutual covenants set forth below, the PARTIES agree, promise and declare as follows: ARTICLE I STAFFING PROVISIONS Section 1..1 - Commission Staffing of SDHDC The COMMISSION will make available to the SDHDC such staff, equipment, supplies, office space, capacity and expertise as is Attachment No. 1 reasonably required by SDHDC to accomplish its,goals for the term and on the conditions hereinafter set forth. (a) Monthly Accrual. Each month during the term of this AGREEMENT, the COMMISSION shall record the total cost of the staffing utilized by the SDHDC. Monthly, on the fifth day of each month, COMMISSION shall invoice the SDHDC for the costs incurred. The SDHDC shall pay such invoices at the earliest possible time, but in no event later than the date that the SDHDC has generated net operating revenue, from whatever source. Payments shall first be applied to the oldest invoices and thereafter to the next oldest until all invoices are paid. The invoices shall bear no interest. (b) Billing Rates. The billing rates attached hereto as Exhibit 2 shall be subject to increase annually, exactly in accordance with the increase, if any, of labor costs and fringe benefits payable by the San Diego Housing Commission to its employees. Exhibit 2 shall be increased annually on July 1, commencing with a first adjustment effective July 1, 1996. (c) Limitation of Accrual. In no event shall the San Diego Housing Commission accrue more than One Hundred Thousand Dollars ($100,000.00) of expenses in any calendar year under the terms of this agreement. In the event it becomes evident that more than One Hundred Thousand Dollars ($100,000.00) may be accrued in any calendar year, the San Diego Housing Commission shall notify the San Diego Housing Development Corporation that it is anticipated that the limit will be exceeded. In no event shall the San Diego Rousing Commission render services in any calendar year which accrue more than One Hundred Thousand Dollars ($100,000.00) of expense without the prior additional consent of the Board of the San Diego Housing Development and the San Diego Housing Commission. Section 1.2 - No Partnership or Joint Venture. The relationship between the COMMISSION and SDHDC created by this AGREEMENT shall not be one of partnership or joint venture, but rather shall be one for the acquisition of services, staff, office space and administrative capacity, only. The COMMISSION and SDHDC are separate and distinct legal entities and shall operate separately and distinctly except as set forth in this AGREEMENT. Section 1.3 - Indemnification. SDHDC agrees to, covenants and promises to protect, defend, indemnify, and hold harmless the COMMISSION, the City of San Diego, the Housing Authority of the City of San Diego, and their respective officers, agents, employees, or representatives, from /sdbz/Agreeo.ea 1 Page 2 of 5 Attachment No. 1 any and all liabilities, losses, damages, costs or claims in any way arising from this AGREEMENT, any and all other loans, and the SDHDC's operation including, but not limited to, claims for injury or death to any person occurring on any of the properties concerning the SDHDC's operations. Further, neither the COMMISSION, the City of San Diego nor the Housing Authority of the City of San Diego has any obligation or liability whatsoever regarding toxic contamination or hazardous waste on the Property and SDHDC shall indemnify the COMMISSION against any and all claims, liability, losses, and damages and/or costs arising therefrom. Section 1.4 = Termination. This AGREEMENT is terminable" upon thirty (30) days written notice from either party to the other. The termination shall be effective thirty (30) days after written notice as provided in Section 2.2 of this AGREEMENT. ARTICLE II MISCELLANEOUS PROVISIONS Section 2.1 - Governmental Requirements Superior. All provisions of this AGREEMENT and all the other documents relating to the AGREEMENT shall be subject and subordinate to any and all federal, state and local statutes, regulations and ordinan- ces and shall be subject to modification to comply therewith. Section 2.2 - Notice. Notice under this AGREEMENT shall be deemed given upon actual personal delivery to the notified Party or upon the expiration of three (3) days from the insertion of the notice, properly addressed and by certified mail, return -receipt requested, postage prepaid, in a U.S. mail depository within California, or upon the expiration of seven (7) days from the insertion of the notice in a U.S. mail depository outside of California. _Notices shall be sent to the addresses for the PARTIES as set forth below or as changed by either PARTY from time to time by written notice to the other PARTY. "COMMISSION": /sdhc/Agreement) SAN DIEGO HOUSING COMMISSION ATTENTION: Housing Development 1525 Newton Avenue San Diego, CA 92113 Page 3 of 5 Attachment No. 1 Copy to: Charles B. Christensen, Esq. Detisch & Christensen 444 West C Street, Suite 200 San Diego, CA 92101 BORROWER/SDHDC SAN DIEGO HOUSING DEVELOPMENT CORPORATION Attention: Chairperson 1625 Newton Avenue San Diego, CA 92113 Section 2.3 - Severability. If any prevision of this AGREEMENT is deemed to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be severed from the rest of this AGREEMENT and the remaining provisions shall continue in full force and effect. ✓ Section 2.4 - Exhibits Incorporated. All exhibits to which reference is made in this AGREEMENT are deemed incoLporated in this AGREEMENT whether or not the exhibits are actually attached to this AGREEMENT. Section 2.5 - Construction of the Agreement. The provisions contained in this AGREEMENT shall not be construed in favor of or against either party but shall be construed as if both parties contributed equally to its preparation. This AGREEMENT shall be construed in accordance with the laws of the State of California. Section 2.6 - Attorney Fees. If either party initiates legal proceedings for the enforcement of or interpretation of this AGREEMENT, the prevailing party shall be entitled tc attorneys' fees and costs of suit in addition to any other relieF tc which such PARTY may be entitled. Section 2.7 - Assignment. The SDHDC shall not assign its right nor delegate its duties under this AGREEMENT wit out the prior written consent of the COMMISSION. Any attempt at the assignment or delegation in violation of this section shall be void. The COMMISSION shall have full right and authority to assign all or a part of its rights and delegate all or a part of its duties under this AGREEMENT. /sdhc/Agreemen_i Page 4 of 5 - Attachment No. 1 This provision shall not, in any way, prohibit SDHDC's assignment of the notes and deeds of trust as required under Section 1.2(a) hereof. Section 2.8 - Integration. This AGREEMENT, including all Exhibits, represents the entire agreement between the PARTIES of the subject matter of this AGREEMENT and supersedes any other agreements, promises, or representations, oral or written, pertaining to such subject matter. IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT on the date first set forth above. "COMMISSION" SAN DIEGO HOUSING COMMISSION, a public agency By: Elizabeth Morris Its: Executive Director Approved as to form: DETISCH & CHRISTENSEN By: Charles B. Christensen, General Counsel for the SAN DIEGO HOUSING COMMISSION /schc/Aa,ErnenJ. "SDHDC" SAN DIEGO HOUSING DEVELOPMENT CORPORATION, a California p .>::'•c b nefit o tion By: 01 David Dick Its: Chairperson _age 5 of CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 7, 2010 AGENDA ITEM NO. 20 M TITLE: An Ordinance of the City Council of the City of National City establishing the Compensation of the Mayor and City Council PREPARED BY: PHONE: EXPLANATION: Claudia G. Silva 6 Q - Ext. 4222 Please see attached memorandum. DEPARTMENT: City Attorney APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: X FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Introduce proposed ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: norandum with Attachments 1-4 posed ordinance with Exhibit "A" Mayor Ron Morrison Council Members Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate TO: FROM: SUBJECT: CALIFORNIA —e- T O'jN{� A CITY INCOR R, ED Office of the City Attorney Mayor and City Council City Attorney Compensation of Mayor and City Council City Attorney Claudia Gacitua Silva Legal Counsel George H. Eiser, III Senior Assistant City Attorney Jodi L. Doucette DATE: December 1, 2010 Mayor and City Council Compensation As an election has occurred and resulted in elected officials beginning new terms of office, it is now legally permissible for the Mayor and members of the City Council to approve changes to their own compensation. Generally, changes to compensation do not apply to a member of council during the member's term of office. This general rule, however, does allow for compensation to change for all members of council whenever one or more members commences a new term of office. Government Code section 36516.5. Accordingly, adjustments to compensation coincide with elections at which members begin a new term in office. A. History of Salary Adjustments The last salary adjustment for the Mayor and City Council occurred on January 7, 2003. (See Ordinance No. 2003-2215, attached as Attachment 1). The last salary adjustment set the base salary of the City Council at $909.20 per month and the base salary of the Mayor at $3,463.30 per month.] In January, 2007, an ordinance was adopted providing for an increase to Council compensation consistent with any increase to Municipal Employee Association (MEA) employees. (See, Ordinance No. 2007-2289, attached as Attachment 2). There was not an increase to MEA salaries in 2007, but a stipend instead; an MEA salary increase was to begin in January 2008. In December 2007, before the MEA salary increases went into effect, the Council rescinded their prior salary ordinance. (See, Ordinance No. 2007-2299, attached as Attachment 3). Thus, the compensation to Mayor and Council remained at the 2003 levels. In addition to the Council compensation changes in the 2003 ordinance, changes were made to the Community Development Commission (CDC) Board compensation. The CDC compensation was reduced upon the adoption of AB 11. AB 11, effective January 1, 2006, added Section 34130.5 to the Health and Safety Code. Pursuant to that statute, CDC compensation was limited to $150 per meeting, with a maximum of $300 per month. This limitation applies. to CDC compensation for the Chairman and all Board Members. 1243 National City Boulevard; National City, California 91950-4301 Tel: (619) 336.4220 Fax: (619) 336.4327 Compensation of Mayor and City Council December 1, 2010 Page 2 The City Council may increase its compensation either by ordinance or at an election. At any municipal election, the amount of the salary can be submitted to the voters. Government Code section 36516(b). Historically, compensation has been set by ordinance enacted by the Council. Compensation increases cannot exceed 5% per calendar year from the date of the last increase in compensation. Government Code Section 36516(a)(4). An elected mayor, pursuant to Government Code section 36516.1, may be provided with additional compensation to that which he/she receives as a councilmember, pursuant to an ordinance or by a vote of the electors at a municipal election. There are no limitations imposed on the amount of the mayor's compensation, although the City Council has historically adjusted the Mayor's salary by the same percentage as the City Council adjustment. Based on the 5% per calendar year, the City Council can increase its salary up to 30%. The proposed ordinance assumes a 30% increase in the compensation of the Mayor and City Council, as that is the maximum and can be revised if needed. The proposed ordinance also contains provisions addressing benefits and retirement. To the extent the City Council seeks to make changes to those provisions, such changes need to be reflected in the ordinance. B. Other Compensation In addition to considering salary, it is also appropriate to consider other compensation at this time, such as benefits. Government Code section 36516(d) provides as follows: Any amounts paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the city for its employees. Currently, the benefits for the Mayor and Council have remained the same since 2003, with the exception of the City -paid employee portion of the Public Employee Retirement System contribution, which has reduced over the years. The current benefits are detailed in Attachment 4. The proposed ordinance refers to the current benefit levels. C. PERS While the Mayor and Council have rejected salary increases since 2003, the Mayor and Council have adopted changes to their Public Employee Retirement System (PERS) contribution. On January 6, 2009, the City Council approved a reduction of the Employer Paid Member Contribution (EPMC) to the Public Employees Retirement System to 6%, with the Mayor and City Council paying a contribution of 2%. On June 1, 2010, each member of City Council and the Mayor voluntarily waived an additional 3% of City -paid member PERS contribution, effective .luly 1, 2010, with the Mayor and City Council paying a contribution of 5% to PERS: Compensation of Mayor and City Council December 1, 2010 Page 3 On that same date, each member of City Council and the Mayor also voluntarily waived the remaining 3% effective July 1, 2011. Effective July 1, 2011, the Mayor and City Council will be paying the entire 8% portion of the employee contribution to PERS.2 The PERS contribution will be reiterated in the salary ordinance. In addition, a change to the benefit formula, consistent with MEA employees, is included in the ordinance for your consideration. That benefit formula provides for a "2% at 60" formula. While a benefit formula change could now be adopted, it would not (nor could it) be applicable to any current elected officials. Retirement benefit formula changes (2-tiering) apply to those hired after the affective date of the change, not to current employees. D. Options The ordinance before you contains the elements of the possible changes to compensation: salary, benefits, and PERS. The Council has the following options: 1. Accept the first reading of the ordinance as written, which includes the permissible amount of salary adjustment, confirms benefits at the current level, confirms the PERS contribution, and establishes a 2% at 60 retirement benefit formula for elected officials; 2. Direct the City Attorney to return with a revised ordinance reflecting any changes the City Council directs in any of the areas described above; or, 3. Seek to adjust the salary of the Mayor and Cit Council members by an election. IA City Attorney CGS/gmo 2 While the June 1, 2010 resolution addressed the City -paid member PERS contribution, the salary ordinance will also include the PERS contribution. ORDINANCE NO. 2003 — 2215 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE COMPENSATION OF THE MAYOR AND THE CITY COUNCIL, AND THE CHAIRMAN AND BOARD MEMBERS OF THE COMMUNITY DEVELOPMENT COMMISSION BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That the base monthly compensation for the City Council is hereby fixed at Nine Hundred Nine and 20/100ths Dollars ($909.20) per month, pursuant to the provisions of Sections 36516 and 36516.5 of the California Government Code. Section 2. That the base monthly salary of the Mayor is herby fixed at $3,463.30 per month, pursuant to the provisions of Section 36516.1 of the Government Code. Section 3. That the base monthly salary for the Chairman and each Board Member of the Community Development Commission is fixed at Nine Hundred Seventy Five and 33/100ths Dollars (S975.33) per month, pursuant to the provisions of Section 34130 of the Health and Safety Code. Section 4. That the benefits for the Mayor and City Council and the Chairman and the Board Members of the Community Development Commission shall be .established as set forth in the attached Exhibit "A", which is incorporated herein by reference. PASSED and ADOPTED this 7th day of January , 2003. QaNick Inzu a ATTEST: APPROVED AS TO FORM: SC George H. Eiser, III City Attorney Attachment 1 Page 1 MAYOR City to pay $750/month for car allowance. MAYOR AND CITY COUNCIL AND CHAIRMAN AND THE BOARD MEMBERS OF THE CDC a) City to pay $850/month for health coverage with a cash -in -lieu option. b) City to pay $40/month for life insurance, in addition to $25,000 term life insurance policy already provided by City. c) City and Community Development Commission to pay $350/month for expense account. d) City to establish annual fund of $3,000 to be used for college level language training in a foreign language. e) City to pay full City and official's portion of PERS contribution, and contract options shall be thesame as those granted to other PERS Miscellaneous Members within the City. All other benefits for Mayor and City Council and the Chairman and the Board Members of the Community Development Commission are to remain the same. EXHIBIT "A" Attachment 1 Page 2 ORDINANCE NO. 2007 - 2289 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE SALARIES OF THE MAYOR AND CITY COUNCIL BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That pursuant to the provisions of Sections 36516 and 36516.5 of the California Government Code, for the time period between the effective date of this Ordinance and the general municipal election held in November, 2008, the base monthly salary for the City Council shall be increased by the same percentages, on the same dates, and subject to the same conditions, as the upcoming salary increases for Municipal Employees' Association members, if any, provided that the salary increases for the City Council shall not exceed a total of twenty percent of the current base monthly salary. If the base monthly salary of the City Council is not adjusted upon the beginning of a councitmember's new term of office subsequent to the November 2008 election, the base monthly salary established by this Ordinance shall remain in effect. Section 2. That pursuant to the provisions of Section 36516.1 of the Government Code, for the time period between the effective date of this Ordinance and the general municipal election to be held in November, 2008, the base monthly salary for the Mayor shall be increased by the same percentages, on the same dates, and subject to the same conditions, as the upcoming salary increases for Municipal Employees' Association members, if any, provided that the salary increases for the Mayor shall not exceed a total of twenty percent of the current base monthly salary. If the base monthly salary of the Mayor is not adjusted upon the beginning of a councitmember•s new term of office subsequent to the November 2008 election, the base monthly salary established by this Ordinance shall remain in effect. PASSED and ADOPTED this 16th day of January, 2007. ATTEST: A �tl G c el R. Della, Ci Cleric Mi y Ron Morrison. Mayor APPROVED AS TO FORM: /-) George H. Eiser, Ill City Attorney Attachment 2 ORDINANCE NO. 2007 — 2299 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REPEALING AN INCREASE IN THE SALARIES OF THE MAYOR AND CITY COUNCIL BY REPEALING ORDINANCE NO. 2007-2289 WHEREAS, at the City Council meeting of January 16, 2007, the Mayor and Council adopted Ordinance No. 2007-2289 which increased their salaries by the same percentages, on the same dates, and subject to the same conditions as the salary increases, if any, for the Municipal Employees' Association. Before the adoption of Ordinance No. 2007- 2289, the last salary adjustment for the Mayor and. Council occurred on January 7, 2003; and WHEREAS, it has been proposed by members of the City Council that the Council repeat Ordinance No. 2007-2289, which would leave the salaries and benefits of the Mayor and City Council at the same level as they existed since January, 2003. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City that Ordinance No. 2007-2289 is hereby repealed. PASSED and ADOPTED this 4th day of Dece .. - 2007. "on Morrison. Mayor ATTEST: N Mich el Della, City APPROVED AS TO FORM: 7) George H. Eiser, HI City Attorney Attachment 3 MAYOR AND CITY COUNCIL. a) City to pay $850/month for health coverage with a cash -in -lieu option. b) City to pay $40/month for life insurance, in addition to $25,000 term life insurance policy already provided by City. c) City to pay $350/month for expense account. d) City to establish annual fund of $3,000 to be used for college level language training in a foreign language. e) City to pay full City portion of PERS contribution. Elected officials pay 5% of the employee contribution, and will pay 8%, the full employee contribution, effective July 1, 2011. All other benefits for Mayor and City Council are to remain the same. Attachment 4 ORDINANCE NO. 2010 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE COMPENSATION OF THE MAYOR AND THE CITY COUNCIL, AND ESTABLISHING THE RETIREMENT FORMULA FOR ELECTED OFFICIALS AT 2% AT 60 BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That the base monthly compensation for the City Council is established at $1,181.96 per month, pursuant to the provisions of Sections 36516 and 36516.5 of the California Government Code. Section 2. That the base monthly compensation of the Mayor is established at $4,504.29 per month, pursuant to the provisions of Section 36516.1 of the Government Code. Section 3. That the benefits for the Mayor and City Council shall be as set forth in the attached Exhibit "A", which is incorporated herein by reference. Section 4. That the Mayor and City Council's employee PERS contribution shall be at five percent (5%), and the entire employee share contribution of eight percent (8%) effective July 1, 2011, paid from their respective salaries. Section 5. That the retirement benefit formula for the Mayor and City Council shall be established at the same formula as those granted to the Municipal Employees Association, to wit: 2% at 60. PASSED and ADOPTED this _ day of , 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney ORDINANCE NO. 2010 — MAYOR City to pay $750/month for car allowance. MAYOR AND CITY COUNCIL a) City to pay $850/month for health coverage with a cash -in -lieu option. b) City to pay $40/month for life insurance, in addition to $25,000 term life insurance policy already provided by City. c) City to pay $350/month for expense account. d) City to establish annual fund of $3,000 to be used for college level language training in a foreign language. e) City to pay full City portion of PERS contribution. Elected officials pay 5% of the employee contribution, and will pay 8%, the full employee contribution, effective July 1, 2011. f) PERS retirement benefit formula shall be the same as those granted to other PERS Miscellaneous Employees within the City. All other benefits for Mayor and City Council are to remain the same. MAYOR City to pay $750/month for car allowance. EXHIBIT "A" CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 7, 2010 AGENDA ITEM NO. 21 EM TITLE: Resolution of the City Council of the City of National City to waive the formal bid process and authorize the purchase of a Pierce Arrow XT Fire Engine from Pierce Manufacturing for the National City Fire Department for a total of $531,439.13, using Lower Sweetwater Fire Protection District funds. (Fire) ��nn PREPARED BY: Wafter Amedee ( DEPARTMENT: Fire 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 Portland, where Pierce Manufacturing, was determined to be the lowest responsive, responsible bidder, and was awarded their bid for a Pierce Arrow XT Triple Combination Pumper. Pierce Manufacturing is pleased to offer the City of National City the opportunity to take advantage of this competitive bid price. The City of Portland specification included modifications not required by the City of National City. Their award was made for $527,343.00 unit price. Due to equipment modifications, National City's unit price will be $504,965.00 ($517,461.09 with taxes and discounts). A fully equipped fire engine will cost about $531,439.13. The City of Portland 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 ake advantage of this opportunity. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. Rev. 001-12125-3555 Exp. 001-412-125-519-0000APPROVED: The funding for the fire engine will come from the Lower Sweetwater Fire Protection District. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff recommends that the award be made to Pierce Manufacturing, and that authority be given to the Finance Department to issue the resulting purchase order. BOARD 1 COMMISSION RECOMMENDATION: ATTACHMENTS: City of Portland Price Agreement Equipment and Services Contract # 41113 Pierce Proposal for Furnishing Fire Apparatus s. Staff Report — Purchase Fire Engine Proposal 4. Resolution RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BID PROCESS PURSUANT TO SECTION 2.60.260 OF THE MUNICIPAL CODE, AND AUTHORIZING THE PURCHASE OF A PIERCE ARROW XT TRIPLE COMBINATION PUMPER FIRE TRUCK FROM PIERCE MANUFACTURING FOR THE TOTAL AMOUNT OF $531,439.13 TO BE FUNDED BY THE LOWER SWEETWATER FIRE PROTECTION DISTRICT FOR THE NATIONAL CITY FIRE DEPARTMENT WHEREAS, in August, 2010, the National City Fire Department started negotiating a new fire and emergency medical response agreement with the Lower Sweetwater Fire Protection District ("District"); and WHEREAS, the Fire Department has negotiated with the District to purchase a Pierce Arrow XT Triple Combination Pumper Fire Truck with reserves the District has been able to accumulate over the years, which are currently at $790,629; and WHEREAS, Pierce Manufacturing has offered the City of National City the opportunity to take advantage of a competitive bid price that was a result of competitive bids solicited by the City of Portland; and WHEREAS, pursuant to Section 2.60.260 of the National City Municipal Code, the Purchasing Agent may buy directly from a vendor at a price established through competitive bidding by another public agency, in this case, the City of Santa Clara, whose procedures have been determined by the Purchasing Agent to be in substantial compliance with National City's procurement procedures, and the Purchasing Agent has in this case made such determination. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby waives the bid process and authorizes the purchase of one Pierce Arrow XT Triple Combination Pumper Fire Truck from Pierce Manufacturing, in the total amount of $531,439.13, which will be funded by the Lower Sweetwater Fire Protection District. PASSED and ADOPTED this 7th day of December, 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney SEP 1 8 2007 PRICE AGREEMENT EQUIPMENT AND SERVICES CONTRACT CONTRACT NO. - 4 1 1 1 3 for TRIPLE COMBINATION PUMPERS tt- This Contract, made and entered into this / A day of y(B� PN . 2007, by and between Pierce Manufacturing, Inc., a subsidiary of Oshkosh Truck Corporation, in eton, WI, hereinafter called Contractor, and the City of Portland, a municipal corporation of the State of Oregon, by and through its duly authorized representatives, hereinafter called City, WITNESSETH: ARTICLE I. The parties hereto mutually covenant and agree to and with each other as follows: 1. STATEMENT OF WORK: Manufacture and provide Portland Fire & Rescue with fire apparatus as follows: seven (7) or more 1.500 gallons per minutes (1500 gpm) triple combination pumpers with a four -door, cab -forward, fully enclosed, aluminum tilt -cab chassis with a 10 inch (10.00") raised roof, seating for five (5) firefighters, 2-stage fire -pump, and minimum of 500 gallon polypropylene booster tank. The cab, chassis, and apparatus body shall all be constructed by the same manufacturer. The apparatus shall meet or exceed all current Federal Motor Vehicle Safety Standards (FMVSS) and National Fire Protection Association (NFPA) standards. The apparatus proposed by offerors shall fully conform to all applicable standards of the NFPA as set forth in the current edition at time of contract execution of NFPA No. 1901, entitled "Standard for Automotive Fire Apparatus." The vehicles shall also comply with all applicable requirements of Oregon State Vehicle Statutes and Oregon Occupational Safety and Health Division Administrative Rules for Fire Fighters 437-002-0182. The maximum axle Toad shall be in conformance with Oregon Highway Division standards. All apparatus and equipment shall be manufactured and all work shall be performed in accordance with: a. The contract provisions and technical specifications identified as Attachments "A", "Er and "C" as attached hereto. b. The Invitation to bid and addendumtaddenda No.105909 and addendums #1, 2 and 3, marked as Exhibit "A" and attached hereto. c_ The Contractor's proposal dated May 23, 2007, and accepted by the Purchasing Agent on August 15, 2007. 2. EFFECTIVE DATE AND DURATION: The initial term of this Contract shall begin on the date of last signature by the parties to this contract. and shall expire within one (1) year from date of the contract documents unless terminated sooner as provided herein. The term of this Contract may be extended for an additional one (1) year period upon mutual agreement between the City and the Contractor. The Contractor hereby agrees to provide sixty (60) days written notice to the Purchasing Agent prior to expiration date of this contract that Contractor desires that the contract period be extended. Total contract period, including extensions, shall not exceed five (5) years. NOTE: The maximum manufacturing and delivery period for each piece of apparatus as ordered under this initial contrail shall be within 200 calendar days from date the order is placed for that apparatus. Additional apparatus ordered shall have the delivery period as agreed upon by the contractual parties. 3. CONSIDERATION: The City agrees to pay the Contractor a sum not to exceed $3,691,401.00 for accomplishment of the work for the term of this contract period. Unit pricing shall be as identifiedin Attachment A; interim payments may be made to the Contractor according to the. schedule if identified in Attachment A. Unit prices shall remain firm for the period of one year_ 4. INVOICING: The City of Portland is a tax-exempt govemmental agency. Prices shall not include federal, state, local, or other taxes howsoever designated now or hereafter, unless the City is responsible therefore. The Contractor shall submit billings in a timely fashion. Invoices shall be sent to the following address or as agreed upon by the contractual parties: City of Portland ,Portland Fire & Rescue Attn: Logistics Center 1135 SE Powell Blvd. Portland, OR 97202 The Contractor is at all times solely responsible for billing accuracy and timeliness; the Contractor shall provide invoices for the goods and services to the City in paper form. Invoices will not be processed for payment nor will the period of cash discount commence until receipt of a properly completed invoice and until all invoice items are received and satisfactory performance of the Contractor has been attained. 5. INVOICE PAYMENT: Invoices submitted for payment shall identify.the goods and services, the unit price, quantity, extended price, osier number, and invoice total. Additional billing details may be agreed upon between the parties. Invoicing for goods and services shall, at all times. be in arrears. Invoices for payment shall be provided to the City within ninety (90) days of successful delivery of the billed goods and services. Final payment will be authorized as soon as the apparatus surressfully passes the final acceptance testing at PF&R Logistics and all noted deficiencies are corrected. Revised invoices or billing adjustments shall apply only to goods and services that can be verified by the City. Requests for such adjustments shall be submitted in writing to the City within six (6) months of acceptance of the goods and services, shall reference the original invoice in which the error was made, and shall contain the level of detail defined in billing detail above. Billing adjustments shall not be submitted to the City in any form other than a paper document. The City shall pay undisputed portions of disputed or incorrect invoices where the City can easily identify the undisputed portion. Failure by the City to pay any portion of or the entire invoiced amount based on Contractor billing errors, goods and services that fail to comply with this Contract, or disputed charges shall not constitute default under this contract. Payment of an amount less than the total amount due on all unpaid invoices shall be any particular amount or item, which is subject to any claim of error or dispute between the parties, without prior written City approval. ARTICLE 1I. Shipping of goods and materials and/or work shall not commence until all insurance requirements have been met and certificates thereof have been filed with the Purchasing Agent or the Auditor. The insurance requirements are as follows: insurance - Public Liability and Property Damage The. Contractor shall provide and maintain public liability and property damage insurance in the minimum amount of $1,000,000 per occurrence that protects the Contractor and the City and its officers, agents, and employees from any and all claims, demands, actions and suits for damage to property or personal injury arising from the Contractor's work under the scope of the written contract. The insurance shall be without prejudice to coverage otherwise existing and shalt name as additional insureds the City and its officers, agents, and employees. Notwithstanding the naming of additional insureds, the insurance shall protect each additional insured in the same manner as though a separate policy had been issued to each, but nothing herein shall operate to increase the insurer's liability as set forth elsewhere in the policy beyond the amount or amounts for which the insurer would have been liable if only one person or interest had been named as insured. The coverage shall apply 10 claims between insureds on the policy. The insurance shall provide that the insurance shall not terminate or be canceled without thirty (30) days written notice first being given to the City Auditor. If the insurance is canceled or terminated prior to completion of the contract, the Contractor shall provide a new policy with the same terms. The Contractor agrees to maintain continuous, uninterrupted coverage for the duration of the contract. Automobile Liability Automobile liability insurance with a combined single limit of not less than $1,000,000 each occurrence for bodily injury and property damage. The insurance shall include coverage for any damages or injuries arising out of the use of automobiles or other motor vehicles by the Contractor. The insurance shall include coverage for any damages or injuries arising out of the use of automobiles or other motor vehicles by the Contractor. Workers' Compensation Prior to the performance of any work under a contract awarded by the City, the Contractor shall comply with the workers' compensation law, ORS Chapter 656, as it may be amended, and if workers' compensation insurance is required by ORS Chapter 656, the Contractor shall maintain coverage for alt subject workers as defined by ORS Chapter 656 and shall maintain a current, valid certificate of workers' compensation insurance on file with the City Auditor for the entire period during which work is performed under the contract. Garage Keepers Garage keepers Liability insurance with a combined single limit of not less than $1,000,000 each Occurrence. Certificate of Insurance As evidence of the required insurance coverage, the Contractor shall furnish acceptable insurance certificates to the City with the retum of the signed Contract. The certificates shall specify the City of Portland as additional insured and shall include a 30-day notice of cancellation clause. Notwithstanding the naming of additional insured, said policy will protect each insured in the same manner as though a separate policy has been issued to each; but nothing herein will operate to increase the insurer's liability as set forth elsewhere in the policy beyond the amount or amounts for which the insurer would have been liable if only one person or interest had been named as insured. The Contractor shalt fife with the City of Portland Auditor a certificate evidencing such insurance, together with the proper endorsement, which will be subject to the approval of the City Attorney as to the adequacy of protection. ARTICLE Ili. In consideration of the premises and in accordance with the provisions for acceptance and payment for work set forth in these Standard Terms and Conditions and Special Terms and Conditions, the City and Contractor hereby agree as follows: STANDARD TERMS AND CONDITIONS 1. INDEPENDENT CONTRACTOR STATUS: The Contractor is engaged as an independent contractor and shall be responsible for any federal, state. and local taxes and fees applicable to payments hereunder. The Contractor. its subcontractors, and their employees are not employees of the City ancj are not eligible for any benefits through the City including, without limitation, federal social security, health benefits, workers' compensation, unemployment compensation, and retirement benefits. 2. NO THIRD PARTY BENEFICIARIES: The Contractor and the City are the only parties to this Contract and are the only parties entitled to enforce its terms. Nothing in this Contract gives, assigns or provides any benefit or right, whether directly, indirectly, or otherwise to third persons. 3. SUCCESSORS IN INTEREST: The provisions of this Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and approved assigns. 4. COMPLIANCE WITH APPLICABLE LAW: In connection with its activities under this Contract, the Contractor shall comply with all applicable federal, state, and local laws and regulations including the City's Equal Benefits Ordinance and its administrative rules, all of which are incorporated by this reference. Failure to comply with the Ordinance permits the City to impose sanctions or require remedial actions as stated in Section 13.1 of the rules. All statutory, charter, and ordinance provisions applicable to public contracts in the City of Portland and the State of Oregon shall be followed with respect to this Contract. The following additional conditions apply to this solicitation and any resultant purchase order or contract Appendix A as attached hereto. 5. GOVERNING LAW f VENUE: The provisions of this Contract shall be construed in accordance with the provisions of the laws of the State of Oregon without reference to its conflict of laws and provisions. Any action or suits involving any question arising under this Contract shall be brought in the appropriate court in Multnomah County, Oregon. By signing this contract the Contractor agrees to in personam jurisdiction of the Oregon courts. 6. NONDISCRIMINATION: The Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules, and regulations. The Contractor also shall comply with the Americans With Disabilities Act of 1990 (Pub 1. No. 101-336) including Title II of that Act, ORS Chapter 659.425, and all regulations and administrative rules established pursuant to those laws. 7. INDEMNITY: The Contractor shall hold harmless, defend, and indemnify the City of Portland, its officers, employees, and agents from all claims, demands, suits, actions, losses, damages, liabilities, costs, and expenses of whatsoever nature, including all attorney's fees and costs, resulting from or arising out of the activities of the Contractor or its TRIPLE COMBINATION PUMPERS 3 officers, employees, subcontractors, or agents including intentional acts, or of its subcontractors, agents or employees under this Contract. 8. ASSIGNMENT OF ANTI-TRUST RIGHTS: By entering into a contract, the Contractor, for consideration paid to the Contractor under the contract, does irrevocably assign to the City of Portland any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future, including, at the City's option, the right to control any such litigation on such claim for relief or cause of action, by reason of violation of 15 USC SS 1-15 or ORS 646.725 or ORS 646.730, in connection with any goods or services provided to the Contractor by any person, which goods or services are used, in whole or in part, for the purpose of carrying out the Contractor's obligation under this contract. In the event the Contractor hires subcontractors to perform any of the Contractor's duties under the contract, the Contractor shall require the subcontractor to irrevocably assign to the City of Portland, as a third party beneficiary, any right, title or interest that has accrued or may accrue to the subcontractor by reason of any violation of 15 USC SS 1-15, ORS 646.725 or ORS 646.730, including, at the City's option, the rights to control any litigation arising there under, in connection with any goods or services provided to the subcontractor by any person, in whole or in part, for the purpose of carrying out the subcontractor's obligations as agreed to by the Contractor in pursuance of the completion of the contract. In connection with this assignment, it is an express obligation of the Contractor that it will take no action which will in any way diminish the value of the rights conveyed or assigned hereunder to the City of Portland. It is an express obligation of the Contractor to advise the City Auditor or the Office of the City Attorney of Portland, Oregon: a. In advance of its intention to commence any action on its own behalf regarding such claims for relief or causes of action; b. immediately, upon becoming aware of the fact that an action has been commenced on its own behalf by some other person or persons, of the pendency of such action; and c. The date on which it notified the obligor(s) of any such claims for relief or causes of action of the fact of its assignment to the City of Portland. Furthermore, it is understood or agreed that in the event that any payment under such claim is made to the Contractor, it shall promptly pay over to the City of Portland its proportionate share thereof, if any, assigned to the state hereunder. 9. JUDICIAL RULING: If any provision of this Contract as applied to either party or to any circumstance shall be adjudged by a court to be void or unenforceable, the same shall in no way affect any other provision of this Contract or the validity or enforceability of the Contract. - 10. SURVIVAL: The terms, conditions, representations, and all warranties contained in this Contract shall survive the termination or expiration of this Contract. 11. FUNDING: In the event the City, during the adoption of the City's annual budget, reduces, changes, eliminates, or otherwise modifies the funding for any of the projects identified herein, the Contractor agrees to abide by any such decision including revision or termination of services- - 12. ASSIGNMENT AND SUBCONTRACTING: This Contract or any interest therein shall not be assigned or subcontracted to any other person or entity without the prior written consent of the City of Portland. In the event of transfer without prior written consent, the purported transfer is void and the Contractor remains liable for performance of the contract. The Contractor shall not subcontract its work under this Contract, in whole or in part, without the prior written approval of the City. Notwithstanding City approval of a subcontractor, the Contractor shall remain obligated for full performance hereunder, and the City shall incur no obligation other than its obligations to the Contractor hereunder. The Contractor agrees that if subcontractors are employed in the performance of this Contract. the Contractor and its subcontractors are subject to the requirements and sanctions of ORS Chapter 656, Workers' Compensation. 13. SEVERABIUTY: In the event that a court, government agency, or regulatory agency with proper jurisdiction determines that this Contract, or any provision of this Contract, is unlawful, this Contract, or that provision of the Contract to the extent it is unlawful, shall terminate. If a provision of this Contract is terminated but the parties can legally, commercially, and practicably continue without the terminated provision, the remainder of this Contract shall continue in effect. 14. LIENS: The Contractor shall not permit any claim to be filed or prosecuted against the City or any lien against the property purchased in connection with this Contract and agrees to assume responsibility should such hen or claim be filed. 15. FORCE MAJEURE: Neither the City nor the Contractor shall be held responsible for performance if its performance is prevented by unforeseeable acts or events beyond the party's reasonable control including, but not limited to: acts of God; fire, flood, earthquakes or other catastrophes; strikes or other labor unrest; power failures; electrical power surges or current fluctuations; nudear or other civil or military emergencies; acts of legislative, judicial, executive, or administrative authorities; or any other circumstances that are not within its reasonable control. TRIPLE COMBINATION PUMPERS 4 16. AMENDMENTS: All changes to this Contract, including changes to the scope of work and contract amount, must be made by written amendment and approved by the Purchasing Agent to be valid. The City's Purchasing Agent is authorized to execute amendments to this Contract without the City's further approval, provided such amendments are in writing, signed by both parties, and approved by the City Attorney's Office. The Contractor understands that City employees have no actual or apparent authority to enter into amendments, except as may be specifically granted by the City Council to the Purchasing Agent, or to waive the approval of the City Attorney's office. 17. NON -WAIVER: No waiver, consent, modification, or change of terms of this Contract shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change, if made, shall be effective only in specific instances and for the specific purposes given. The failure of the City to enforce any provision of this Contract shall not constitute a waiver of that or any other provision. 18. COORDINATION WITH OTHER CONTRACTORS AND OTHER SERVICES: The Contractor shall cooperate fully with other contradors and City employees providing systems or support to the City during installation, operation. or maintenance of the goods and services. This includes planning for and integration of the goods and services provided under this Contract with those provided by others. Further, the Contractor shall make every reasonable effort to cooperate with the City to minimize and/or prevent any degradation of computer and telecommunications systems, equipment, or services of the city by the installation, operation, or maintenance of the goods and services. The Contractor's failure to cooperate with the City and other contractors may be grounds for termination as provided herein. 19. ACCESS TO RECORDS: The Contractor shall maintain professional accounting standards on a current basis. The City and its duly authorized representatives shall have access to the books. documents, papers, and records of the Contractor which are directly pertinent to this Contract for the purpose of making audit, examination, excerpts, and transcripts for a period of three (3) years after final payment. Copies of applicable records shall be made available upon request. 20. AUDITS: The City, either directly or through a designated representative, may conduct financial and performance audits of the billings and services specified in this Contract at any time in the course of the Contract and during the three (3) year period established by ACCESS TO RECORDS. Audits shall be conducted in accordance with generally accepted auditing standards. If an audit discloses that payments to the Contractor were in excess of the amount to which the Contractor was entitled, the Contractor shall repay the amount of the excess to the City. Under no circumstances will the payment of previous invoices constitute an acceptance of the charges associated with those invoices. If any audit shows performance of services is not efficient in accordance with Govemment Auditing Standards or that the program is not effective in accordance with Govemment Auditing Standards the City may pursue remedies as provided under EARLY TERMINATION OF CONTRACT and REMEDIES. In addition. the Contractor agrees to abide by the standards of the Office of the Comptroller set forth in May, 2002 Office of Justice Programs (OJP) Financial Guide, including without Imitation in accordance with Office of Management and Budget (OMB) Circulars A87, A-102, A-122, A-128, A-133. All financial records, supporting documents, statistical records and all other records pertinent to this contract shall be retained by the Contractor for a minimum of five (5) years for purposes of State of Oregon or the OJP Financial Guide from the Office of the Controller and apprise itself of all rules and regulations set forth. 21. EMPLOYEES NOT TO BENEFIT: No City employee or elected official of the City shall be admitted to any share or part of this Contract or to any benefit that may arise there from; but this provision shall not be construed to extend to this Contract if made with a corporation for its general benefit. SPECIAL TERMS AND CONDITIONS 22. CITY FURNISHED PROPERTY: No materials, labor, or facilities will be furnished by the City unless otherwise provided for within this Contract. 23. INTERGOVERNMENTAL CO-OPERATIVE PURCHASING The initial contract terms shall be the pricing provided to the City of Portland for the original seven triple combination pumpers. Additional pricing under this contract for the purposes of future intergovernmental co-operative procurements will result in separate pricing based upon the single unit price with the escalation pricing factored into the overall' contract amount under the same terms and conditions to all public agencies. Requirements stated herein reflect the City of Portland usage only. TRIPLE COMBINATION PUMPERS 5 A public agency wishing to utilize like equipment will execute its own contract with the awarded Contractor for its requirements. The successful Contractor shah provide quarterly usage reporting of the City of Portland as well as that of other public agencies to the City of Portland, Bureau of Purchases. Any respondent by written notification included with their proposal, may decline to extend the services, prices and terms of this RFP to any and/or all other public agencies. 24. RIGHT TO CHANGE: The City reserves the right to order changes to the goods, materials, equipment and services outlined herein. The City and the Contractor shall determine a fair and equitable cost and, if required, additional time for such changes. All such changes shall be ordered in writing and agreed to by the parties. 25. NOTICE: Except as otherwise stated in this Contract, any notice or demand to be given under this Contract shall be delivered in person or deposited in United States Certified Mail, Return Receipt Requested_ Any notices or other communications shall be addressed as follows: CONTRACTOR: Pierce Manufacturing, Inc. P. O. Box 2017 Appleton, WI 97412-2017 Attn: Mr. Jeff Resch Vice President National Sales CITY: City of Portland Portland Fire & Rescue 1135 SE Powell Blvd. Portland, OR 97202 Attn: Deputy Chief, Glen Eisner Logistics If either party changes its address or if a party's representative changes, the other party shall be advised of such a change in writing, in accordance with this section. 26. EARLY TERMINATION OF CONTRACT: The City and the Contractor, by mutual written agreement, may terminate the Contract at any time. The City, on thirty (30) days written notice to the Contractor, may terminate this Contract for any reason deemed appropriate in its sole discretion and will pay for all work performed and materials purchased up to the time of termination. A mark up of 10% that includes both overhead and profit may be added to the cost of work and materials performed before the date of termination. Any additional markups, including, but not limited to lost profits, will not be allowed. Either the City or the Contractor may terminate this Contract in the event of a material breach of the Contract by the other. Prior to such termination, however. the party seeking the termination shall give to the other party written notice of the breach and the party's intent to terminate. If the party has not entirely cured the breach within thirty (30) days of the notice, then the party giving the notice may terminate the Contract at any time thereafter by giving a written notice of termination. 27. SUSPENSION OF THE WORK: The City may at any time give notice in writing, by electronic mail or by facsimile to the Contractor to suspend this Contract. The notice of suspension shall specify the date of suspension and the estimated duration of the suspension. In no event shall the Contractor be entitled to any lost or prospective profits or any incidental or consequential damages because of suspension. 28. PAYMENT ON EARLY TERMINATION: In the event of termination under EARLY TERMINATION OF CONTRACT hereof, the City shall pay the Contractor for any equipment delivered prior to the termination date provided the equipment conforms to Contract specifications and is of use to the City or as identified in Section 26 above. In the event of early termination all of the Contractor's delivered equipment paid for under this paragraph is property of the City. No costs, other than those provided for in this paragraph, shalt be paid to Contractor as a result of Early Termination. 29. REMEDIES: In the event of termination under EARLY TERMINATION OF CONTRACT by the City due to a breach by the Contractor, then the City may purchase the equipment from another vendor and the Contractor shall be liable for additional re -procurement costs incurred by the City. The City also shall be entitled to any other equitable and legal remedies that are available as a result of Contractor's breach. Except as expressly contained in this Contract, the remedies for a breach of this Contract shall not be exclusive, or construed as a limitation on any other equitable and legal remedies that are available including, without limitation, rights or remedies that are available according to ORS Chapter 72.7010 to 72,7250. 30. PERMITS AND LICENSES: The Contractor shall be required to have or obtain. at their expense, any and all permits and licenses required by the City, county, state, and federal governments (except FCC radio licenses), pertaining to the materials and services to be provided. 31, COPYRIGHTS AND PATENTS: The City requires the following regarding copyrighting and patent pending on work products pertaining to this Contract: a. Copyright All work products of the Contractor which result from this contract are the exclusive property of the City. If this Contract results in a copyright, the City of Portland reserves a royalty -free, nonexclusive and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use, for governmental purposes, the work or the copyright to any work developed under this Contract and any rights of copyright to which the Contractor or its sub -vendor, purchases ownership with grant support. TRIPLE COMBINATION PUMPERS 6 a. Patent If this Contract results in the production of patentable items, patent rights, processes, or inventions, the Contractor or any of its sub -vendors shall immediately notify the City. The City will provide the Contractor with further instruction on whether protection on the item wit be sought and how the rights in the item will be allocated and administered in order to protect the public interest, in accordance with federal guidelines. 32. SPECIFICATIONS: This Contract authorizes the Contractor to provide and the City to procure those goods, materials, equipment, and services, and establishes the terms and conditions for the City to obtain said goods, materials, equipment, and services from the Contractor. Goods, materials, equipment, and services to be provided under this Contract are described in the Attachments hereto. The Contractor shah provide to the City those goods, materials, equipment and services described in the attachments in accordance with the prices shown herein. Payment shall be made only in accordance with the payment schedule identified herein. 33. WARRANTY: The Contractor shall guarantee its equipment provided in response to the City's RFP to the extent required by the Extended Technical Specifications, Section 1.22 and Section 1.24. If the Contractor agreeds to provide the Preferred Warranty requested by Section 1.23 of the Extended Technical Specifications, then Section 1.23's warranty requirements are applicable in lieu of Section 1.22. In addition, Contractor shall provide the specific warranties required by Section 7.89 and 7.9. If selected by the Contractor, the lifetime warranties required by Section 7.90 and 7.92 shalt prevail. In addition to those warranty provisions, the Contractor shall repair and/or immediately replace without charge any product or part thereof that proves to be defective or fails within the applicable warranty period. Contractor also shall pay the cost of shipping of any part, or portion thereof, including freight and insurance costs., for incoming warranty parts Warranties also cover the cost of parts, material and labor for the replacement of defective parts and materials for correction of defective materials and workmanship. 34. EXPRESS WARRANTY Prices offered shall include all warranties as specified. All warranty periods shall begin the day the apparatus leaves the factory and shall be for 12 months plus an allowance of 60 dayifor delivery-'and"preparation: ,ff a situation arises that delays the apparatus from being placed into service or causes the apparatus to be '-'out of service° for an extended period of time for warranty repairs, the warranty period will be reviewed and a-.negotiatedve tended warranty 'period will be considered. The warranty period provided will be based upon the above listed speaficatidni, .All applicable warranties begin on the City's in-service data and will -cover the cost of parts, material and labor for the replacement or defective parts and aterials for correction of defective materials and workmanship. The City shall be responsible for all transportation, freight and insurance costs to return the defective part to the Contractor (or other location)_ 35. UNIFORM COMMERCIAL CODE: The provisions of this Contract are not be construed as exclusive remedies or as a limitation upon rights or remedies that may be or may become available under ORS Chapter 71-83 (Un'rfomi Commercial Code). 36. PROPRIETARY AND CONFIDENTIAL INFORMATION: The Oregon Pubic Records Law, ORS 192.410 et seq. strictly governs the City's treatment of requests for public records pertinent to this Contract. The Contractor agrees to hold in confidence any and all information of the City's it receives while performing any of the contemplated functions of the Contract and shall not disclose any such information to third parties. while performing any of the contemplated functions of the Contract. 37. NEWS RELEASES AND PUBLIC ANNOUNCEMENTS: The Contractor shall not use in its extemal advertising, marketing programs, or other promotional efforts, any data, pictures or other representatives of the City, except with prior specific written authorization from the City. Contractor shall not issue any news release or public announcement pertaining to this Contract or the project without prior written approval of the City, which may be withheld in the City's sole discretion. A minimum of three (3) business days notice is required for a response to a request for such approval. if approval is not issued within the three (3) business day period, the request shall be deemed denied_ 38. ENTIRE CONTRACT: This Contract and its Attachments represent the entire Contract between the parties. This Contract is a final, complete exclusive statement of the terms thereof, and supersedes and terminates any prior Contract, understanding, or representation between the parties with respect thereto, whether written or oral. ARTICLE IV. It is understood and agreed by the parties hereto that 1. Any reference in this Contract to the scope of work or specifications is intended as a convenience to the parties in administration of the Contract. Therefore, in the absence of an express statement to the contrary herein, any restatement or partial restatement in this Contract of any provision of the scope of work or specifications is not intended, nor shall be construed to change, alter, modify, amend, or delete the requirements of the scope of work or specifications. 2. All statutory, charter, and ordinance provisions applicable to public contracts in the City of Portland and State of Oregon shall be followed with respell to this Contract. 3. An offeror submitting a bid certifies that no officer, agent, or employee of the City who has a pecuniary interest in this bid has participated in preparation of the bid, that the bid is made in good faith without fraud, collusion, or connection of any kind with any other offeror of the same call for bids, and that the offeror is competing solely in its own behalf without connection with, or obligation to any undisclosed person or firm_ IN WITNESS WHEREOF, Contractor and City have caused this contract to be executed in triplicate by their duly authorized representative(s), all on the day and year first above written. (Affix Corporate Seal) PIE Approved as to form: APPROVED AS TO FORM by Name and Me J IF Address: P. O. Box 2017 Appleton, WI 97412-2017 Telephone No: 920-832-3215 Fax No. 920-832-3084 CITY OF PORTLAdl) byfi°1 Mayor ATTACHMENT A 1. SCOPE OF WORK Manufacture and provide Portland Fire & Rescue with fire apparatus as follows; seven (7) or more 1,500 gallons per minutes (1500 gpm) triple combination pumpers with a four -door, cab -forward, fully enclosed, aluminum tilt -cab chassis with a 10 inch (10.0") raised roof, seating for live (5) firefighters, 2-stage fire -pump, and minimum of 500 gatbn polypropylene booster tank. The cab, chassis, and apparatus body shall all be constructed by the same manufacturer. The apparatus shall meet or exceed all Federal Motor Vehicle Safety Standards (FMVSS) and National Fire Protection Association (NFPA) standards. The purchase of individual triple combination pumpers with the same speccations as indicated above in quantities of less than seven shall be made available throughout the contract period. The apparatus proposed by the Contractor shall fully conform to all applicable standards of the NFPA as set forth in the current edition at time of contract execution of NFPA No. 1901, entitled "Standard for Automotive Fire Apparatus." The apparatus shall also comply with all applicable requirements of Oregon State Vehicle Statutes and Oregon Occupational Safety and Health Division Administrative Rules for Fire Fighters 437-002-0182_ Maximum axle load shall be in conformance with Oregon Highway Division standards. 2. GENERAL REQUIREMENTS All specified equipment shall be purchased new directly from the Contractor or an authorized distributorireseller of the fire apparatus as specified above. This equipment will be used by PF&R and for the services they are empowered to provide. 3. TECHNICAL OR REQUIRED SERVICES AND SCHEDULE The Contractor will perform the tasks and services and provide the equipment and _ identified equipment requirements as specified in EXTENDED TECHNICAL REQUIREMENTS, Attachment B for this apparatus. The Contractor shall be expected to work closely with designated City of Portland bureau personnel to accomplish the goals, perform the tasks and services, and provide the apparatus as indicated in Attachment B, EXTENDED TECHNICAL REQUIREMENTS for this apparatus. The Contractor shall be expected to work closely with designated City of Portland bureau personnel to accomplish the goals, perform the tasks and services, account for the inspections, and provide the equipment as indicated. In addition to the above noted EXTENDED TECHNICAL REQUIREMENTS, Exhibit B, the following will be considered a part of this requirement for the procurement of each piece of apparatus: PRE CONSTRUCTION CONFERENCE For each apparatus, the Contractor shall provide one (1) all -expense paid (air travel, meals, hotel, etc.) in -factory pre -construction conference for two (2) PF&R representatives for each apparatus up to a maximum of eight (8) people within 30 days after the contract date. b. MID -CONSTRUCTION AND FINAL INSPECTIONS For each apparatus, the Contractor shalt provide for one (1) mid -construction inspection all -expense paid (air travel, meals, hotel, etc.) in -factory inspection for two (2) PF&R representatives when the apparatus is 75% complete and one (1) final inspection for two (2) PF&R representatives for each apparatus "up to a maximumof eight (8) people when the apparatus is complete and ready for PF&R to conduct a final in -factory inspection and test. PF&R shall not accept any apparatus with any deficiencies noted at the final inspection that are not corrected. c. FACTORY RE -INSPECTION An additional, in -factory final all -expense paid (air travel, meals, hotel, etc.) re - inspection shall be provided by the Contractor for two (2) PF&Ft representatives for each apparatus up to a maximum of eight (9) people; if two (2) major specification deficiencies are detected during the scheduled, final apparatus inspection. Major specification deficiencies include those which restrict or impede apparatus drivability or operational capability as specified, or deficiencies which will not allow the inspection process to be completed, d. DELIVERY The apparatus shall be delivered from the point of manufacture to PF&R Logistics under its own power —rail or truck freight is not acceptable. A qualified delivery person representing the Contractor shall deliver the apparatus. e. TRAINING Mechanics familiarization training shall be provided by the Contractor, covering wiring, component specifics, and maintenance requirements. Training shall be at PF&R's discretion and shall be accomplished at PF&R Logistics for three consecutive weekdays between the hours of 8:00 A.M. and 4:30 P.M. within 30 days after delivery of the apparatus. f. FOR FUTURE CONTRACTS AND INTERGOVERNMENTAL PROCUREMENTS The conferences and inspections will be determined by the contractual parties at the time of the agreement- 4. DELIVERABLES Deliverables shall be considered those tangible resulting work products which are to be delivered to PF&R such as reports, draft documents, data, interim findings, drawings, schematics, training, meeting presentations, final drawings, and reports. Deliverables and schedule for this project shall include: a. Pre -construction conference, mid- and final inspection, final inspection, and final re -inspection as indicated in Section B.1 above and as scheduled and agreed upon by both contractual parties TRIPLE COMBINATION PUMPERS b. During the design and construction process, a "revised" approval drawing of the apparatus shall be prepared and submitted by the manufacturer to PF&R showing any changes made to the approved drawing. These revised approval drawings shall be clearly labeled with the revision date to avoid confusion. c. The Contractor shall deliver (with the finished vehicle) a complete set of "as built" electrical wiring diagrams within thirty (30) calendar days after the apparatus has left the factory. The "as built" wiring diagrams shall show the location of all relays, solenoids, motors, switches, fuses, and junction boxes. The wiring diagram shall be broken down into wiring zones, showing all tracer codes and color cafes. d. The manufacturer shall supply two (2) of the following with each apparatus at the time of delivery: 1. Operating manual 2. As -built electrical wiring diagram/schematic of the entire apparatus 3. Lubrication chart 4. Complete apparatus print with all dimensions 5. Parts manual 6. Pump operating manual' 7: As -built wiring schematics of the electrical components of each compartment shall be laminated and mounted in the electrical compartment 8. As -built plumbing schematics e_ Mechanics familiarization training shall be provided by the Contractor, covering wiring, component specifics, and maintenance requirements. Training shall be at PF&R's discretion and shall be accomplished at PF&R Logistics for three consecutive weekdays between the hours of 8:00 A.M. and 4:30 P.M. for the initial order. Training will be scheduled within 30 days following delivery of the apparatus. For future orders or intergrovemmental procurements, training shall be as previously stated and shall be provided for each total order at each delivery address. f. The Contractor shall manufacture and deriver the completed apparatus built as specified in Attachment B, Extended Technical Requirements, including all required specifications. All deliverables and resulting work products from this contract will become the property of the City of Portland. 5. WORK PERFORMED BY THE CITY Bureau staff shall make available sufficient hours of staff personnel as is required to meet with the Contractor and provide such information as required_ PF&R has assigned.a project manager who will oversee the work and provide support as needed. The City shalt be responsible for implementing and maintaining usual, customary, and appropriate internal accounting procedures and controls, internal controls, and other appropriate procedures and controls for the City. These controls will include information technology, proprietary information, and trade secret safeguards if appropriate to City work. 6. CONSIDERATION Maximum payment to Contractor shall be $3,691,401.00 for the one year period at a cost of $527,343.00 per each; with the Contractor billing the City on a per unit basis for each piece of equipment delivered to the City. For the purchase of apparatus in quantities of less than seven, the individual cost for each apparatus will be $548,553.00, the second, third and fourth units will cost $544,296.00/unit. Additional units beyond the quantity of four will cost $532,487.00/unit. As part of Option B, the chassis progress payment of $1,971,137 whall be due three (3) months prior to the ready for delivery from the factory date. If payment is not made at that time, $59,136.00 will be added to the final invoice. If additional units are purchased, the chassis progress payment shall require $281,591.00/per unit and if payment is not made at that time, $8,448.00/unit shall be added to the final invoice. As part of the Option B payment method for the City of Portland, the. offeror shall provide a Manufacturer's Statement of Origin (MSO) prior to issuance of the initial payment. The MSO shall clearly state that the City of Portland or designated jurisdiction is the owner of the chassis and that the manufacturer has received payment for the goods and has not imposed a lien on the equipment. Upon receipt of the completed and accepted apparatus, the Contractor shall provided a replacement or amended MSO For intergovernmental cooperative procurements: the cost based upon a one unit purchase shall be S548,553.00/unit for the initial contract period; additional payment and option discounts are available and will be provided upon request. Option B will be the payment method for any apparatus purchased under This contract. 7. TIME IS OF THE ESSENCE The Contractor shall make every reasonable effort to meet established delivery dates and other deadlines. Circumstances that may delay the delivery of goods and services from established delivery dates and other deadlines, including excusable delays and force majeure events, shall be reported to the City immediately upon discovery. The City and Contractor shall mutually agree upon any schedule or pricing change due to excusable delays or force majeure events in writing. in the event the Contractor does not meet the established delivery dates or other deadlines and the Contractor has failed to cure such breach within fifteen (15) days of written notice by the City, the City may obtain the undelivered goods and/or non -performed service from another source, and no recurring charges, one-time charges, termination charges, or other penalties shall be due the Contractor. In addition, the City will be entitled to reasonable compensation as stated under REMEDIES. 8. DELIVERY The apparatus shall be delivered from the point of manufacture to PF&R Logistics under its own power —rail or truck freight is not acceptable. A qualified delivery person representing the contractor shall deliver the TRIPLE COMBINATION PUMPERS 10 apparatus. Alt equipment shall be FOB delivered to the City of Portland, Portland Fire & Rescue, 1135 S. E. Powell Blvd., Portland, OR 97202. All proposal prices offered shall be inclusive of all shipping and delivery costs. The Contractor must be prepared to fumish the items requested within 200 days alter receipt of an order or executed contract. Delivery shall be FOB destination to the following address: Bureau of Fire & Rescue Logitstics Center 1135 S. E. Powell Blvd. Portland, OR 97202 The Contractor shall immediately notify the City, in writing, if delivery cannot be completed as intended. The Contractor shall fax such notifications to: Deputy Chief Glen Eisner, Portland Fire & Rescue at 503-823-4077. If the ordered item(s) are not delivered within 200 days from the order date, the City of Portland, at its sole discretion, may purchase that same item(s) from other sources and the successful Offeror shall be liable for the excess costs incurred, including the difference in unit price and freight charges. Repeated late deliveries may be cause for contract cancellation. Delivery of the item(s) shall not be completed until all discrepancies have been corrected. Items not meeting contract specifications shall be replaced or repaired at the Contractor's expense. Contractor shall replace or repair rejected items prior to PF&R accepting the apparatus after acceptance testing at PF&R Logistics. In twenty days after receipt of re -order request. Acceptance occurs when the City authorizes payment of the invoice. For this initial contract, the late penalty 200-day construction period starts with the contract signing and ends when PF&R representatives doing the final inspection and agree that the apparatus can be relocated to PF&R Logistics for final acceptance testing. PF&R shall not be responsible for the delivery time from the factory, installation of dealer provided options. delivery of the apparatus to PF&R Logistics, or the time taken to correct deficiencies noted at the final acceptance testing. Once relocated at the PF&R Logistics, PF&R will require three workdays (Monday -Friday) for each apparatus to cornplete final acceptance testing and forward all deficiencies to the manufacturer. PF&R will need two workdays (Monday -Friday) to inspect corrected deficiencies. For intergovernmental cooperative procurements: The tate penalty for the 300/day construction period will commence with the contract signing and end when the Owner representatives complete the final inspection and agree that the apparatus can be relocated to the Owner for final acceptance testing. PF&R shall not be responsible for the delivery time from the factory, installation of dealer provided options, delivery of the apparatus to PF&R Logistics, or the time it fakes to correct deficiencies noted at the final acceptance testing. Once equipment is relocated at the Owners location, the Owner will require a specified number of workdays (Monday -Friday) for each apparatus in order to complete final acceptance testing and forward all deficiencies to the manufacturer. 9. LIQUIDATED DAMAGES Time is of the essence. If the Contractor fails to complete the project or to deliver the supplies and perform the services within the time specified in the contract or any written extension thereof by the City, the actual damage to the City for the delay will be substantial but will be difficult or impractical to determine. It is therefore, agreed that the City shall be entitled to deduct from the monies due to the Contractor the following amounts for each calendar day of delay past the delivery date established by the City: This initial contract shall be for a 200 calendar day delivery date with a fate delivery penalty fee of $500.00 per calendar day; if any future contracts are for a 300 calendar day delivery, there will be a late delivery penalty fee of $300.00 per calendar day as described in Attachment B, Extended Technical Requirements. This delivery date is the date that PF&R representatives, doing the final in -factory inspection, agree that the apparatus can be relocated to PF&R Logistics for acceptance testing. Payment or assessment of liquidated damages does not release the supplier to fulfill the obligations of this contract. The date the penalty stops shall have no relationship to the, date delivery occurs. Final payment will be authorized following the final acceptance testing at PF&R Logistics and all noted deficiencies have been corrected. Payment of liquidated damages shall not release the Contractor from obligations in respect to the fulfillment of the entire contract, nor shall the payment of such liquidated damages constitute a waiver of the City's right to collect any additional damages which may be sustained by failure of the Contractor to carry out the terms of the contract. It is being the intent of the parties that the Liquidated damages be full and cornplete payment only for failure of the Supplier to complete the work on time. 10. PRICES AND PRiCE CHANGES Initial Contract prices shall be as established herein. Unit prices shall remain fine through the first year of the Contract. At the end of the one-year period following the dale of acceptance, price changes may be allowed herein. The Contractor agrees to provide pricing for all products for which the Contractor is an authorized distributor for the duration of this Contract if and when requested by the City. Following the end of the one year period referenced above, the City and Contractor acknowledge that prices for goods and services furnished by Contractor under this Contract may need to be adjusted during the term of the Contract due to changes in the Contractor's prices, rate plans, or product offerings. Such price changes shall be documented in writing between the Contractor and City's Purchasing Agent as amendments. TRIPLE COMBINATION PUMPERS 11 Price increases shall be allowed in two different ways: (1) Price increases will be allowed, but shall not exceed the Consumer Price index (CPI) for the PortlandNancouver Metropolitan Area based upon the most current CPI available at the time the order is made. Pricing offered in the corresponding RFP may be adjusted up or down on a cent -for -cent basis via pass - through from the manufacturer after the first year, support by submission of copies of the manufacturer's price change notices, and corresponding to changes in the contractors wholesale posted/or book price, and in effect to all similar classes of customers at the time of delivery. Additionally, all price reductions shall be passed on, in total, as of the effective date. (2) Should additional pricing occur due to unforeseen changes requiredby regulatory and governing agencies, the following shall apply: Pricing offered in the corresponding RFP may be adjusted up or down on a cent -for -cent basis via pass -through from the manufacturer after the first year, support by submission of copies of the manufacturer's price change notices, and corresponding to changes in the contractor's wholesale posted/or book price, and in effect to all similar classes of customers at the time of delivery. Additionally, all price reductions shall be passed on, in total, as of the effective date. The Contractor shalt submit any proposed pricing revisions in writing to the Project Manager for consideration at least thirty (30) days before the proposed effective date. All proposed price adjustments shall be calculated consistent with the methodology used to calculate the prices set forth in the Contractor's original proposal, the Contractor shall certify this in its request for price adjustments. Price adjustments shall become effective thirty (30) days from the date of last signature on the contract amendment document or as otherwise stated therein. Except that no increase in price adjustments shall become effective prior to a date one year following the date of acceptance. Price adjustments will only become effective by fully executed amendments, following receipt by the Project Manager of the requested price adjustment. The City of Portland shall have the option of accepting the price increase or canceling the balance of the contract. Price changes shall be documented in writing between Contractor and City's Purchasing Agent as contract amendments. All proposed price adjustments shall be calculated consistent with the methodology used to calculate the prices as set forth herein. For intergovernmental contracting: Additional pricing under this contract for purposes of future intergovernmental cooperative procurements will result in separate pricing based upon the single unit price with the escalation pricing factored into the overall contact pricing. 11. ESCALATION t DE-ESCALATION CLAUSE No upward price adjustment of any sort will be allowed during the first year of the contract period. The City may consider pricing revisions proposed by Contractor after the first year however, the Contractor shall propose such revised pricing at least thirty (30) days prior to the desired effective date for consideration by the City. Any proposed price increases must be fully documented and justified by Contractor (i.e., proof of manufacturer material costs). Acceptance of Contractors proposed price revisions shall be at the Ctty's sole discretion. Not withstanding the above, all manufacturer price reductions shall be passed on to the City as of the manufacturer's effective date: All decreases will be passed on to the City as of the effective date, not at the end of the first year period. Notification shall be in writing and will be confirmed in writing by the City of Portland. Acceptance of Contractors proposed price revisions shall be at the City's sole discretion. TRIPLE COMBUNA77ON PUMPERS 12 November 15, 2010 City of National City Fire Department 1200 National City Blvd National City, CA. 91950 Proposal for Furnishing Fire Apparatus The undersigned is prepared to manufacture for you, upon an order being placed by you, for final acceptance by Pierce Manufacturing, Inc. at its corporate office in Appleton, Wisconsin, the apparatus and equipment herein name for the following prices. City of Portland Arrow XT purchase order for Arrow XT triple combination National City Fire Department changes to City of Portland Specification Total price for tag on unit Discount if ordered prior to January 15, 2011 Sub Total After Discount Discount for paying upon award of purchase order (100% Prepay) Total Price (Plus Applicable Sales Tax When Apparatus is Titled) pumper$ 527,343.00 $-22,378.00 $ 504,965.00 $-20,000.00 $ 484,965.00 $-16,738.00 $ 468,227.00 Said apparatus and equipment are to be built an shipped in accordance with the specifications hereto attached, delays due to strikes, war or international conflict, failures to obtain chassis, materials, or other causes beyond our control not preventing, within about 6.5 to 7.5 months after receipt of this order and the acceptance thereof at our office at Appleton, Wisconsin, and to be SOB delivered to City of National City, California. the specifications herein contained shall form a part of the final contract, and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company or the order to purchase, and provided such alternations do not materially affect the cost of the construction of the apparatus. The proposal for the fire apparatus conforms with all Federal Department of Transportation (DOT) and the State of California rules and regulations in effect at the time of initial purchase. The proposal also conforms to all National Fire Protection Association (NFPA) Guidelines for Automotive Fire Apparatus as published at the time of initial purchase, except where modified by customer requirements. Any increased costs incurred by the first party because of future changes in or additions to said DOT, State of California or NFPA standards will be passed along to the customers as an addition to the price set forth above. Unless accepted within sixty (60) days form date, the right is reserved to withdraw this proposition. PIERCE MANUFACTURING, INC. By: Sales Representative Timothy J. 011ey NATIONAL CITY FIRE DEPARTMENT PURCHASE FIRE ENGINE PROPOSAL PROBLEM STATEMENT: The National City Fire Department (NCFD) will like to purchase a new fire engine to replace one of two aging fire engines that are a vital piece of reserve equipment. This proposal will propose a solution and funding plan to purchase a new fire engine. NCFD FLEET: Unit Age Status Unit Type 499 1 Front Line Quint Truck 470 3 Front Line Pumper 460 5 Front Line Pumper 281 13 Reserve Quint Truck 236 18 Reserve Pumper 171 20 Reserve Pumper PROPOSAL: The NCFD proposes that the City purchase a Pierce Arrow XT Triple Combination Pumper for approximately $531,439.13_ The benefits of purchasing a new fire engine are: • To place Front Line Engine 460 in reserve status as a back-up engine • To convert Reserve Engine 171 to a designated training engine in order to do more with JAC training grants • To have standardized apparatus saving time and money in maintenance costs. PIERCE MANUFACTURING: Pierce is the leading North American manufacturer of custom fire apparatus. Pierce manufacturers custom and commercial pumpers, aerials, rescue trucks, wildland trucks, minipumpers, elliptical tankers and homeland security apparatus_ The City has recently purchased two fire engines and a fire truck from Pierce Manufacturing. The purchase of a Pierce Arrow XT Triple Combination Pumper will standardize our fleet with all front line apparatus from the same manufacturer. This will allow the usage of the same parts, save time/money in maintenance due to the familiarity of Public Works mechanics. The NCFD recommends that the award be given to Pierce Manufacturing. FUNDING: In August 2010, the NCFD started negotiating a new fire and emergency medical response agreement with the Lower Sweetwater Fire Protection District. Over the years, the District has been able to accumulate reserves, which are currently at $790,629. The NCFD has negotiated with the District to purchase a Pierce Arrow XT Triple Combination Pumper with the reserves. In order to take advantage of several discounts, the City must order the new fire engine by January 15, 2011. FINANCIAL STATEMENT: BUDGET ITEM COST Pierce Arrow XT Triple Combination Pumper $504,965 Sales Tax/Delivery $49,234 Subtotal Cost of Pierce Arrow XT Triple Combination Pumper $554,199 Discount if ordered prior to January 15, 2011 -$20,000 Discount for paying upon award of purchase order (100% Prepay) -$16,738 Total Price $517,461 STAFF RECOMMENDATIONS: Staff recommends that the award be made to Pierce Manufacturing, and that authority be given to the Finance Department to issue the resulting purchase order. 1 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 7, 2010 AGENDA ITEM NO. 22 EM TITLE: rr Request to extend the 40-day period for initiation of a Street Vacation to vacate portions of D Avenue south of 31st Street and 32nd Street east of D Avenue (Applicant: Sudberry Properties, Inc.) (Case File No. 2008-37 SC). PREPARED BY: Martin Reeder DEPARTMENT: Develo /Planning. PHONE: 619-336-4313 APPROVED BY. EXPLANATION: As you may remember, the Council initiated this street vacation at the November 9, 2010 City Council meeting. The proposed street vacation was in conjunction with a pending shopping center development, and involved vacating portions of D Avenue south of 31st Street and East 32nd Street east side of D Avenue. The shopping center application was initially going to be before the City Council on December 7, 2010; however, due to ongoing negotiations, the applicant has asked for continuance of the item with the Planning Commission until the new year; the item was continued to January 10, 2010. The City's Street Vacation Procedures adopted in January 2006 require that once the City Council has initiated a street vacation, the Planning Commission must find the request in conformance with the General Plan within 40 days. Having continued the item to next year, the Planning Commission will not be able to act on the street vacation prior to the end of the specified period (December 19, 2010). Therefore, the applicant is requesting the - `ension of the 40 days. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff recommends the Council extend the Street Vacation initiation period for an additional 40 days to January 28, 2010. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Application 2. Map of proposed street vacation NATIONAL CITY, CALIFORNIA STREET or ALLEY VACATION REQUEST Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 FOR DEPARTMENT USE ONLY Case Number Filing Fee $ Receipt No. Date Received By E.A.F. Required Fee $ Related Cases NOTE: Streets, alleys, or portions thereof may only be vacated upon a finding that property in question is not needed for present or future uses as a street. See attached Vacation Procedures for more information. Please consider my request for the vacatre�on of1^ D VMS ' L/ 7 0 p , located between Wj>' 1Q & o „\aJ, et i t LAND bre, and as more particularly shown and described on drawing of area to be vacated, prepared byb dated ' i `(� , an original and 20 copies of which are attached hereto. REASON FOR REQUEST (Attach additional pages if insufficient space below y2P?''T. Ie2 A far'1\165% 4,I'J b P&P EPs T cloy - b\11 A% 1c0.1777 tt& ve\ Title Examination Report obtained by date (attach copy) First American Title Insurance Co. June 9, 2009 (see Tab 9) Street or Alley Vacation Request Application Revised December, 1998 Page I of 2 THE CITY OF NATIONAL CITY APPLICATION FOR STREET VACATION ATTACHMENT 1 PROPERTY OWNER(S) of all property included in this application. Name: DERCO Properties, LLC, a ClifoAnd limited liability company Michael W. Derr, Manager By: (Signature acknowledges that this application is being filed) Name: "DERCO" Derr Family Ventures L.P., a California limited partnership By: Derr Management Services, Inc., a California Corporation Its: General Partner By: �4= nne B. Derr. President Address: P.O. Box 304 Spring Valley, CA 91976 Phone No. (619) 472-0120 Fax No. (619) 472 - 1435 Date: '/Jt APPLICANT Name: NCSDI No. 1, LLC a California limited liability company By: Sudberry Development, Inc., a California corporation Its: Manager Signature: Name: Community Development Commission for the City of National City By: Brad Raulston, Executive Director (Signature acknowledges that this application is being filed) Address: 1243 National City Blvd. National City, CA 91950 Phone No. (619) 336-4256 Fax No. (619) 336-4286 Date: Mark K. Ra'delow, Vice President (Signature acknowledges that his application is being filed) Address: 5465 Morehouse Drive, Suite 260, San Diego, CA 92121 Phone No. (858) 546-3000 Fax No: (858) 546-3009 Date: 2 0 NOT TO SCALE National City Chula Vista Project Boundary City Boundary Area to be Vacated CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 7, 2010 AGENDA ITEM NO. 23 EM TITLE: Notice of Decision — Planning Commission approval of a Zone Variance for Tess than required parking at an existing single-family residence at 3425 Cagle Street. (Applicant Annette Barron) (Case File 2010-30 Z CUP) PREPARED BY: Martin Reeder PHONE: 336-4313 EXPLANATION: The project site is a recently completed residence that was permitted in 2006. The home was never granted final approval due to parking spaces on approved plans not being installed. In order to install said parking, a large retaining wall was necessary in the rear of the property. Ultimately, the original owner could not afford to build the wall and lost the home. DEPARTMENT: Devel APPROVED B Planning. • The current owner is requesting a variance to allow only one parking space where a minimum of two are required. Although the carport can accommodate two cars, with a third in the driveway, the Land Use Code does not allow for tandem parking spaces (one vehicle in front of the other) to count as required parking. The applicant has stated that when they purchased the home, the parking situation was unknown. The attached Planning Commission staff report describes the proposal in detail. The Planning Commission conducted a public hearing on November 22, 2010. Two neighboring property owners )ke in support of the application. Commissioners asked questions regarding alternative parking locations and mately voted to approve the variance based on required findings and subject to Conditions of Approval. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Zone Variance. Ayes: Alvarado, DeLaPaz, Farias, Pruitt Absent: Baca, Flores, Reynolds i ATTACHMENTS: Location Map Planning Commission Staff Report 4. Reduced Plans Resolution No. 30-2010 I - I / / -_ I I I O I / / 3527 j �I I�fx 1 3523 I j 3522 - _ _7' /- I`' --`�I j 3519 ; Kellie Court - I I --__ / 3515 I 3514 -- _ I I �. I �- _-_� j 0 CO r I l) 3502 ; 3511 co m cn 1 O / .L 11-'-- _J 3507 I 3506 j _ 1 "I - 1 3448 '-/ 3503 i 0 �Q 1 1 3444 iL.- --__( co -- -_� 3445 i V ` --a 3441 1 O I 3440 i ~ j 3436 - - �� 1 CO1` --__ 3437 1 — / 1 3433 1 f I 34321 1 3428 L __ 3429 3434 3425 l 11 3424/ .� �- I 345-- -- «� I 3421 3420 �� �, 3426 3417 O —_.—__ L 3417 L --� Cr) 3416 3413 �,1 3412 —] 3418 3409 CD -0 L I j 3409 I NRS 3404 �— C 3408 3405 3410 I 3401 V 2 i I 3349 �- �' 3336 3343 3342 - 3348 3343 3334 3341-_— ' 3335 _ ___- ' - --- `i 3340 3335 Alston Avenue — ____—_ 3332 3310 \ 3333 c /' \/ ✓ co / �- �i ;/ �\ '<\ 3426 -- 3420 �� 3414 3408 —0 O M CN O Title: N CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Item no. 2 November 22, 2010 PUBLIC HEARING — ZONE VARIANCE FOR LESS THAN REQUIRED PARKING AT AN EXISTING SINGLE-FAMILY RESIDENCE AT 3425 CAGLE STREET Case File No: 2010-30 Z Location: Plaza Blvd. and Manchester Avenue Assessor's Parcel No: 564-391-05 Staff report by: Martin Reeder Applicant/ Annette Barron Property owner: Combined General Plan/ RS-2 (Residential Single -Family) Zoning designation: Adjacent land use/zoning: North: Single-family residential uses on Newberry St. / RS-2 East: Single-family uses/ RS-2 South: Single-family residential uses across Cagle St. / RS-2 West: Single-family residential uses / RS-2 Environmental review: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) BACKGROUND Site Characteristics The project site is a recently completed residence. The property slopes down significantly to the rear of the residence down to neighboring properties on Newberry Street to the north. The original building permit was issued in 2006 but has not been issued final approval by the Building Division due to lack of Planning Division final approval. Approved permit plans showed two parking spaces located beyond the property driveway — the driveway is covered by the second story of the home — making a carport. In order to provide the two parking spaces, a large (12 to 15 feet high) retaining was needed to be constructed on the slope at the rear of the lot. The previous property owner was not able to build the wall due to expense and ultimately lost the property to the lender. The current property owner is requesting the variance in order to get approval of the building permit and occupancy of the home. Proposed Use The applicant is requesting the variance to allow only one parking space where a minimum of two are required. Although the carport can accommodate two cars, with a third in the driveway, the Land Use Code does not allow for tandem parking spaces (one vehicle in front of the other) to count as required parking. The proposal also includes the construction a wall closing off the back of the carport/driveway providing for a total of 44 linear feet of parking area. However, this does not require discretionary approval. Analysis Historically, the Sweetwater Heights Subdivision (Stockman, Cagle, Newberry, Menard Streets et al) have been under parked. Many of the homes in the area only have a sub- standard single -car garage, while some have no parking at all except for the driveway. To address the problem the City approved a blanket Variance in 1969 for the entire Sweetwater Heights area to permit the use of the existing driveway to be utilized as permanent off street parking, although the last time to apply under this variance was in 1977 _ At the time the original building permit was reviewed, it was unclear that a retaining wall would be required to provide additional area for parking. The slope at the rear of the property starts approximately 10 -15 feet beyond the rear of the home, with the remaining 20 -25 feet of property leading downhill at 35 to 40 degrees. Given the steepness of the slope and that the very large home (more than 3,000 square feet) has been completed, the cost of constructing the retaining wall was prohibitive to the owner. Burdened by the existing mortgage, rental on the home occupied during construction and the depreciating housing market, the owner was forced into foreclosure. The applicant has stated that they purchased the home as is and were not aware that the parking issue was present. 3 Besides the extreme difficulty of constructing such a large retaining wall on steep slope, such a wall would be very impactful to neighboring properties. The area of the lot where the home is built is higher than the roof of the residence behind the property on Newberry Street. If a 12-15-foot wall is constructed half way down the slope, the wall would loom over the neighboring properties, cutting off solar access and potentially causing safety, drainage and/or privacy issues. Had the need for the wall been recognized at the outset of the building permit process, it is highly unlikely that Planning and Engineering staff would have approved the ultimate design. Although not explicitly permitted by the Land Use Code, the existing tandem parking area fulfills the parking need for the property. Including the driveway, there would be almost 65 feet of linear parking area. If a standard parking space is 18 feet in depth, this equates to three and a half parking spaces (3). Parking in this configuration is also consistent with properties in the area that have only driveway parking. Conditions of Approval Comments were received from the Building Division, referring to drainage, lighting and fire rating requirement for the carport. These requirements are included as Conditions of Approval. Conditions have also been added to require that the carport be kept clear in order to keep it available for vehicle parking, and also to prohibit parking in the front yard. With these conditions the residence would function not unlike most other properties in the area. Furthermore, with room for three cars on the property, impacts to adjacent street parking would be minimal. Summary Because of special circumstances applicable to the property, including the topography of the area, providing additional parking in the rear of the lot would be cost -prohibitive to a point that no-one would likely be able to, nor want to remedy the situation. Given the history with parking in this community, granting of the variance would not be a privilege inconsistent with other properties. In addition, granting of the variance will allow for occupancy of a vacant property and providing a home for an owner occupant, consistent with General Plan policies. 4 RECOMMENDATION Approve 2010-30 Z subject to the conditions listed below, based on attached findings; or ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions 3. Location Map 4. Notice of Exemption 5. Public Hearing Notice (Sent to 55 property owners) 6. Site photos 7. Applicant's Plans (Exhibit A, case file no. 2010-29 CUP, dated 10/28/2010) MARTIN REEDER Assistant Planner RYA Development Services Director 5 RESOLUTION 30-2010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A ZONE VARIANCE FOR LESS THAN REQUIRED PARKING AT AN EXISTING SINGLE-FAMILY RESIDENCE AT 3425 CAGLE STREET APPLICANT: ANNETTE BARRON CASE FILE NO. 2010-30 Z WHEREAS, the Planning Commission of the City of National City considered a Zone Variance for less than required parking at an existing single-family residence at 3425 Cagle Street at a duly advertised public hearing held on November 22, 2010, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2010-30 Z, which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on November 22, 2010, support the following findings: Because of special circumstances applicable to the property, including topography, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other properties in the vicinity and under the identical zone classification, since the steep slope at the rear of the property and the existing nature of the home, which covers most of the buildable area of the lot, makes it impossible to provide adequate space for a parking area without impacting neighboring properties. The requested Variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since there are multiple properties in the same subdivision in the same zone which have less than the required number of parking spaces, and since there is room on the property for up to three vehicles to be parked. 6 The Variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since there are multiple properties in the same subdivision in the same zone which have less than the required number of parking spaces. BE IT FURTHER RESOLVED that the application for Zone Variance is approved subject to the following conditions: General 1. This Zone Variance authorizes a single-family residence with less than the required amount of off-street parking located at 3425 Cagle Street. Plans submitted for approvals shall be in substantial conformance with Exhibit A, case file no. 2010-30 Z, dated 10/7/2010. 2. Within four (4) days of approval, pursuant to Fish and Game. Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego Coun ty Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. Before this Zone Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Zone Variance. The applicant shall also submit evidence to the satisfaction of the Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Zone Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. Building 5. Any plans submitted for improvements must comply with the current editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 6. Provide clarification on drainage, carport lighting and ceiling fire rating per Building Division comments dated October 13, 2010, on file with the Planning Division. Comments shall be addressed on Building permit plans. Planning 7. No parking of vehicles shall be permitted in the front yard. 8. The carport shall be kept clear and available for the parking of at least two vehicles. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 22, 2010, by the following vote: AYES: Pruitt, Alvarado, Farias, De la Paz NAYS: ABSENT: Flores, Reynolds, Baca ABSTAIN: CHAIRPERSON S'-D" PARNWAT SIDEWALH J CURB S CUTTER CAGLE STREET APRROVEC ADDRESS NUMBERS SHALL SE PLACED N PCSP1DN ♦` MIN. STROKE WIDTH OF r 7' HALL CONTRAST ONT AS IN THE COLOR SHALL BE SEEN FROM STREET Z 0 \ NG Nr03MAT s.1 ADDRESS LO` EXISTING 1ST STORY 5'Ily OAF('" TOTA_ A.P.N F.A.R ZONING TYPE OF CONSTRUCTION AVERAGE SLOPE CODES: 2007 CALFORNIA BUILDING CODE 2007 CALFORNIA ELEC CODE 2007 CALFORNIA MECHANICAL CODE 2007 CALIFORNIA PLUMBING CODE 2007 CALIFORNIA FIRE CODE 2008 CALIFORNIA ENERGY CODE SCOPE OF WORK: VARIANCE WALL TD ADD (3) PARKIri4 5('K.ES TAr.KFr�1 • A 30 JALIVITSY",IO EI 5,400 SO. FT. 1,023 SO. F•I 55) TI 33U50. Fi ,1 uT 564-390-05-00 . 25 MAX. RS-3 v-- B LESS THAN 1% m TTt 11 GT3t .. LEGAL DESCRIPTION LOT : 05 BLK #: MAP / 4805 SHEET I\)EX Al SITE PLAN A2 EXISTING & NEW FLOOR PLAN A3 FOUNDATION S-1 FOUNDATION PLAN S-2 FRAMING & ROOF PI. AN NOTZ_S_ ALL PROPERTY LINES ,REAL OR ASSUMED), EASEMENTS AND BUILDING (BOTV1 EXISTING AND PROPOSED), APE SHOWN ON THIS SITE PLAN SURFACE WATER WILL DRAIN AWAY FROM BLI LDING OWNER: DESIGNER: AN��vv3ETTE BGRRSTMEET (619) 520-9336CA MONICA :ORDERO 2519 FA:y(?E STREET CH^U A VISTA CA 91911 (R19) A22-0923 C) 11. V1 I EXHIBIT A CASE FILE NO. 2010-30 Z DATE: 10/7/2010 CAl4wlgl b4cTEED PR -FAR KoLsING 0 0 1 KITQ Nl 50J0X0 (�1 BA;H a1 (,&10INttO PM EXISTING 1ST STORY FLOOR PLAN SCALE: 1/1's1,-0' NOTES' A. ELECTRICAL CIRCUIT CARE SHALL BE COMPLETED PRIOR TO REDUESTNG ROUGH FRAME, ELECTRICAL INSPECTION. B. SEISMIC STRAPS REQUIRED O w1IER HEATER. ONE STRAP IS RECLIRED AT 141E UPPER 1/J AND ONE STRAP REOUIREO AT T+E LOWER 1/3 OF TANK. C. A wATERtICHT CDRR0510N RESISTANT PAN WITH A 0/4' DIAMETER DRAIN TO AN APPROVED LOCATION IS REQUIRED UNDER 'NE WATER HEATER. D. PERMANENT VACUUM BREAKER SHALL BE INSTALLED TAT}, ALL NEW HOSE BIBS E, ULTRA LOW FLUSH TOILETS, 1,5 FLU54 CPF (NAM), AN0 MAX. 2.9 GPM FLOW ON FAUCET AT KITCHEN, LAV, AND BAR SINKS T. SHOWER HEAD TO HAVE MAX, 2.5 GPM FLOW C. SHOWER CONTROL VALVES MUST BE PRESSURE MUST BE PRESSUREO BALANCED OR THERMOSTA C MIXING VALAS. NOTES H. MANUFACTURE WINDOWS SHALL HAZE A LABEL ATTACHED CERTrIED Br THE NATIONAL FENESTRAIICN RATING CCUNC L (NERO) ANO SMOMANG COMPLANCE NTH THE ENERGY CALCULATONS. I. BATHROOM AND KITCHEN LICHTINO TO BE FLUORESCENT TYPE. NOTES: RECEPTACLE OUTLE'S LOCA r1ON wLL COMPLY w,Ti CEC Y R�T i9OM C.RCJITS SHALL BE O MBUS0ON AIR r'JEL BURr11N0 WATER HEATERS WILL BE IN COMPLIANCE Or THE PLUMBING CODE. COPIES OF THE 1-2n WILL 9E AVAILABLE FOR 11;E BUILOIv G NSPCC 1C0 1<Phe &EF9 w LL ! P.d '.R,? tl. ARl11YASP.� E SMOKE DE`EOTORS TO BE 1557AU.E0 N EACH SLEEPING ROOM & CENTRA110 LOCATED IN CORRIDOR W/ BATTERY BACK-UP .NSTALLAnCN SHALL COMPLY w1•H CRC NTERCONNECTICNS AND BACK UP PcwE? SOURCE 2007 CFC 907.2. 10. 2 PER ENhNE[n PROPOSED 1ST STORY FLOOR PLAN ...... Eo:unErn•.1 '^r.. ri � r�J yaw +.uT - no..r r«trn,, ) 1m, ' 5 01 (- r A ^(1Pn,11 nJ CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE: December 7, 2010 AGENDA ITEM NO.24 'EM TITLE: IA resolution approving an Agreement for a period of two years not to exceed $150,000 for litigation and non -litigation support by and between the CDC and Christensen & Spath LLP. (Tax Increment Fund and Low -Mod Fund). PREPARED BY: Patricia Beard PHONE: 4255 DEPARTMENT: APPROVED BY. -evelopment EXPLANATION: The CDC Attorney, Housing and Grants and Redevelopment Divisions desire to retain Christensen & Spath LLP to provide as -needed litigation and non -litigation support to the CDC for the next two years. The firm has consistently provided excellent services to the CDC at reasonable rates since 2006. Staff intends to utilize the firm principals Charles Christensen and Walter Spath to assist with selected matters pertaining to real estate transactions, CDC litigation and affordable housing projects. Among matters successfully assisted by the firm in recent years were re -vesting in title to the CDC site at 249 North Highland Avenue ("Purple Cow") and Development and Disposition Agreements for the Habitat for Humanity projects at 1441 Harding and 1820 G Street. The proposed contract would allow for three optional one year extensions, however any funds to be expended above the not to exceed amount would require additional public action by the CDC Board. FINANCIAL STATEMENT: ACCOUNT NO. 1$50,000 will be allocated from 511-40,- 0000-213-0000, $100,000 will be allocated from 522-445-462-213-0000. ENVIRONMENTAL REVIEW: Not applicable, ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance City Attorney STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Proposed contract. RESOLUTION NO. 2010 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A TWO-YEAR AGREEMENT NOT TO EXCEED $150,000 BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND CHRISTENSEN & SPATH, LLP, FOR LEGAL SERVICES WHEREAS, the Community Development Commission ("CDC") is implementing the Redevelopment Plan for the National City Redevelopment Project; and WHEREAS, to achieve the objectives of the Redevelopment Plan, specialized outside legal assistance is needed for litigation support and for real estate transactions for both market rate and affordable housing redevelopment projects, as well as commercial and industrial projects; and WHEREAS, Christensen & Spath, LLP, is a law firm proficient in the requirements of the California Redevelopment Law; and WHEREAS, Christensen & Spath, LLP, has performed to the satisfaction of the CDC since August, 2006. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute a two-year Agreement not to exceed $150,000 by and between the Community Development Commission of the City of National City and Christensen & Spath, LLP, for legal services. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of December, 2010. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: Claudia G. Silva General Council, CDC AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT FOR LEGAL SERVICES (the "Agreement") is made between THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC") and CHRISTENSEN & SPATH, LLP, (the "Firm"). This Agreement sets forth the parties' mutual understanding concerning legal services to be provided by the Firm and the fee arrangement for said services. Article 1. Retainer. The CDC hereby retains the Firm to assist in representing the CDC in connection with redevelopment agency litigation, redevelopment project negotiations, affordable housing project negotiations, advice to the CDC Board and research and preparation of documents related to these matters, subject to this Agreement. Article 2. Scope of Services. The CDC shall have the right in its sole discretion to determine the particular services to be performed by the Firm under this Agreement. These services may include the following: consultation, research, preparation of documents, participation in meetings, telephone calls and conference calls, appearances in court on behalf of the CDC and other typical duties assigned to legal counsel. It is expected that the Firm will work with the CDC Attorney and CDC staff. Article 3. Compensation. Compensation paid under this Agreement shall be as follows: Partner: $225.00 per hour Senior Associate: $200.00 per hour Associate: $175.00 per hour Paralegal/Legal Assistant: $100.00 per hour A. The Firm shall not use more than one attorney for the same specific task without the CDC's approval. The Firm may use the minimum number of attorneys for this engagement consistent with good professional practice after consulting with and obtaining approval by the CDC. B. The Firm agrees to document a plan and budget consistent with the scope of services described above in Article 2 to be agreed to by the CDC Attorney and the Firm. The CDC shall not be obligated to pay the Firm amounts not discussed, budgeted, and agreed to before being incurred by the Firm. C. The CDC has appropriated or otherwise duly authorized the payment of an amount not to exceed $ 150,000 for legal services and out-of-pocket disbursements pursuant to this Agreement. In no event shall the total fees plus out-of-pocket disbursements exceed this amount without written authorization of the CDC. 1 bills. D. The Firm shall keep the CDC advised monthly as to the level of attorney hours and client services performed under Article 1. The Firm will not charge the CDC for travel time; however, the Finn may charge for work performed for the CDC during any travel time. E. The CDC further agrees to reimburse the Firm, in accordance with the procedures set forth in this Article, for telephone, fax, mail, messengers, federal express deliveries, document reproduction, client -requested clerical overtime, lodging, and similar out-of-pocket expenses charged by the Firm as a standard practice to its clients generally, with the exception of travel and meals. In any billing for disbursements, the Firm shall provide the CDC with a statement breaking down the amounts by category of expense. The following items shall not be reimbursed, unless the CDC has specifically agreed otherwise: (I) Word Processing, clerical or secretarial charges, whether expressed as a dollar disbursement or time charge. (2) Storage of open or closed files, rent, electricity, local telephone, postage, receipts or transmission of telecopier documents, or any other items traditionally associated with overhead. (3) Photocopy charges in excess of $.15 (fifteen cents) per page. (4) Auto mileage rates in excess of the rate approved by the Internal Revenue Service for income tax purposes. (5) Secretarial overtime. Where case requirements demand overtime, the CDC will consider reimbursement on a case -by -case basis. The CDC will not reimburse overtime incurred for the convenience of the Firm's failure to meet deadlines known in advance. (6) Equipment, books, periodicals, research materials, Westlaw/Lexis or like items. (7) Express charges, overnight mail charges, messenger services or the like, without the CDC's prior consent. The CDC expects these expenses to be incurred in emergency situations only. Where case necessity requires the use of these services, the CDC will consider reimbursement on a case -by -case basis. (8) Travel and meals. (9) Late payment charge and/or interest. Due to the nature of the CDC's payment process, the CDC will not pay any late charges or interest charges to Every effort will be made to pay bills promptly. F. Bills from the Firm should be submitted to Claudia G. Silva, CDC General Counsel, 1243 National City Boulevard, National City, CA 91950-4301. The individual 2 time and disbursement records customarily maintained by the Firm for billing evaluation and review purposes shall be made available to the CDC in support of bills rendered by the Firm. G. The Firm agrees to forward to the CDC a statement of account for each one -month period of services under this Agreement, and the CDC agrees to compensate the Firm on this basis. The Firm will consult monthly with the CDC as to the number of attorney hours and client disbursements which have been incurred to date under this Agreement, and as to future expected levels of hours and disbursements. H. Billing Format. Each billing entry must be complete, discrete and appropriate. (1) Complete (a) Each entry must name the person or persons involved. For instance, telephone calls must include the names of all participants. (b) The date the work was performed must be included. (c) The hours should be billed in .10 hour increments. (d) The specific task performed should be described, and the related work product should be reference ("telephone call re: trial brief," "interview in preparation for deposition"). (e) The bilier' s professional capacity (partner, associate, paralegal, etc.) should be included (2) Discrete: Each task must be set out as a discrete billing entry; neither narrative nor block billing is acceptable. (3) Appropriate (a) The CDC does not pay for clerical support, administrative costs, overhead costs, outside expenses or excessive expenses. For example, the CDC will not pay for secretarial time, word processing time, air conditioning, rental of equipment, including computers, meals served at meetings, postage, online research, or the overhead costs of sending or receiving faxes. Neither will the CDC pay for outside expenses such as messenger delivery fees, outside photocopying, videotaping of depositions, investigative services, outside computer litigation support services, or overnight mail. (b) Due to the nature of the CDC's payment process, the CDC will not pay any late charges. Every effort will be made to pay bills promptly. I. Staffmg. Every legal matter should have a primarily responsible attorney and a paralegal assigned. Ultimately, staffing is a CDC decision, and the CDC's representative 3 may review staffing to insure that it is optimal to achieve the goals of the engagement at the least cost. (1) Paralegals are to be used to the maximum extent possible to enhance efficiency and cost-effectiveness. All tasks typically considered associate work should be considered for assignment to a paralegal. Written authorization from the CDC must be had before associate hours billed exceed paralegal hours billed. (2) Once an attorney is given primary responsibility for an engagement, that person should continue on the legal matter until the matter is concluded or the attorney leaves the firm. The CDC will not pay the costs of bringing a new attorney up to speed. (3) If more than one attorney is going to perform the same task, prior approval from the CDC must be had. This includes document review. Article 4. Independent Contractor. The Firm shall perform services as an independent contractor. It is understood that this contract is for unique professional services. Accordingly, the duties specified in this Agreement may not be assigned or delegated by the Firm without prior written consent of the CDC. Retention of the Firm is based on the particular professional expertise of the individuals rendering the services required in the Scope of Services. Article 5. Confidentiality of Work. All work performed by the Firm including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the Firm pursuant to this Agreement is for the sole use of the CDC. All such work product shall be confidential and not released to any third party without the prior written consent of the CDC. Article 6. Compliance with Controlline Law. The Firm shall comply with all applicable laws, ordinances, regulations, and policies of the federal, state, and local governments as they pertain to this Agreement. In addition, the Firm shall comply immediately with any and all directives issued by the CDC or its authorized representatives under authority of any laws statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement. Article 7. Acceptability of Work. The CDC shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the Finn and the CDC cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the Firm in this Agreement, the CDC or the Firm shall give to the other written notice. Within ten (10) business days, the Firm and the CDC shall each prepare a report which supports their position and file the same with the other party. The CDC shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the Firm. Article 8. Indemnification. The Firm agrees to indemnify and hold the CDC and its agents, officers, and employees harmless from and against all claims asserted or liability 4 established for damages or injuries to any person or property, including injury to the Firm's employees, agents, or officers, which arise from or are connected with or caused or claimed to be caused by the acts or omissions of the Firm and its agents, officers, or employees in performing the work or other obligations under this Agreement, and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CDC, its agents, officers, or employees. Article 9. Insurance. The Finn shall not commence work under this Agreement until it has obtained all insurance required in this Article with a company or companies acceptable to the CDC. At its sole cost and expense, the Firm shall take and maintain in full force and effect at all times during the term of this Agreement the following policies of insurance: A. Commercial general liability insurance with a combined single limit of not less than one million dollars ($1,000,000). B. For all of the Firm's employees which are subject to this Agreement, to the extent required by the State of California, Workers' Compensation Insurance in the amount required by law. C. Errors and omissions insurance in an amount not less than two million dollars ($2,000,000) per claim. D. All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California. The policies carried pursuant to paragraph 9.A above shall name as additional insureds the CDC and its elected officials, officers, employees, agents, and representatives. All policies shall contain language, to the extent obtainable, to the effect that: (1) the insurer waives the right of subrogation against the CDC and its elected officials, officers, employees, agents, and representatives; (2) the policies are primary and not contributing with any insurance that may be carried by the CDC; (3) the policies cannot be cancelled or materially changed except after thirty (30) days' notice by the insurer to the CDC by certified mail. Before this Agreement shall take effect, the Firm shall furnish the CDC with copies of all such policies upon receipt of them, or a certificate evidencing such insurance. The Firm may effect for its own account insurance not required under this Agreement. Article 10. Drug Free Work Place. The Firm agrees to comply with the CDC's Drug -Free Workplace requirements. Every person awarded a contract by the CDC for the provision of services shall certify to the CDC that it will provide a drug -free workplace. Any subcontract entered into by the Firm pursuant to this Agreement shall contain this provision. Article 11. Non -Discrimination Provisions. The Firm shall not discriminate against any subcontractor, vendor, employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The Firm will take positive action to insure that applicants are employed 5 without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Firm agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. Article 12. Effective Date and Term. This Agreement shall be effective upon execution by the Firm and CDC and continue until written notice of cancellation. This Agreement will extend until December 7, 2012 with three options to extend for one year each extension upon the agreement of the CDC Attorney and Firm. Notwithstanding these terms, this Agreement may be terminated at any time by either party with sixty (60) days' written notice to the other. Notice of termination by the Firm shall be given to the CDC Attorney. Article 13. Notification of Change in Form. The Firm has the right to effect changes in form including but not limited to: the change in form from a partnership to a professional Iaw corporation; the change in form of any partner or partners from an individual or individuals to a professional law corporation; the change in form of any corporate partner or partners to any individual partners. The CDC shall be promptly notified in writing of any change in form. Article 14. Notices. In all cases where written notice is to be given under this Agreement, service shall be deemed sufficient if said notice is deposited in the United States mail, postage paid. When so given, such notice shall be effective from the date of mailing of the notice. Unless otherwise provided by notice in writing from the respective parties, notice to the Agency shall be addressed to: Claudia Gacitua Silva, CDC General Counsel City of National City 1243 National City Boulevard National City, CA 91950 cc: Brad Raulston Department Director Community Development Department 1243 National City Boulevard National City, CA 91950 Notice to the Firm shall be addressed to: Christensen & Spath LLP 550 West C Street, Suite 1660 San Diego, CA 92101 6 Nothing contained in this agreement shall preclude or render inoperative service or such notice in the manner provided by law. Article 15. Headings. All article headings are for convenience only and shall not affect the construction or interpretation of this Agreement. Article 16. Miscellaneous Provisions. A. Time of Essence: Time is of the essence for each provision of this Agreement. B. California Law: This Agreement shall be construed and interpreted in accordance with the laws of the State of California. The Firm covenants and agrees to submit to the personal jurisdiction of any state court in the State of California for any dispute, claim, or matter arising out of or related to this Agreement. C. Integrated Agreement: This Agreement including attachments and/or exhibits contains all of the agreements of the parties and all prior negotiations and agreements are merged in this Agreement. This Agreement cannot be amended or modified except by written agreement, and mutually agreed upon by the CDC and the Firm. D. Severability: The unenforccability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal. E. Waiver: The failure of the CDC to enforce a particular condition or provision of this Agreement shall not constitute a waiver of that condition or provision or its enforceability. F. Conflict of Interest: During the term of this Agreement, the Firm shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CDC. This prohibition shall not preclude the CDC from expressly agreeing to a waiver of a potential conflict of interest under certain circumstances. G. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. H. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, and (iii) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 7 IN WITNESS WHEREOF, the parties have executed this Agreement on the day of ,201 . COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY CHRISTEN$EIx&PATH, LLP By: By: Ron Morrison, Chairman (Name) APPROVED AS TO FORM: Claudia Gacitua Silva e (Title) 8 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION ° COUNCIL AGENDA STATEMENT MEETING DATE: December 7, 2010 AGENDA ITEM NO. 25 —ail TITLE: Agreement by and between the Community Development Commission of the City of National City and HAPPY Software to upgrade the CDC Section 8 Rental Assistance Program's current Housing software program with the amount not to exceed $27,661. PREPARED BY: Hermi Oliveria, Housing Programs Mgr DEPARTMENT: CDC, Housing & rants PHONE: 336-4259 APPROVED BY Alfredo Ybar Community Dev. qr. EXPLANATION: Please see attached Background Report. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: ,�'/W Finance APPROVED:—�VIIS Funds are available in account 502-445-462-299-0000. The ongoing annual cost is $7,045.00 and will budgeted each fiscal year. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Background Report 2. Agreement 3. Resolution Community Qevelopment Commission Of the City of National City December 7, 2010 Background Report: The Community Development Commission of the City of National City's (CDC) Section 8 Rental Assistance Division administers the Housing Choice Voucher program which is funded by the U.S. Department of Housing and Urban Development (HUD). In compliance with HUD regulations, the program requires a housing software in order to properly administer and manage it. On July 1, 2002, the CDC entered into an agreement with HAPPY software to purchase its housing software. Due to ongoing changes in HUD regulations and the advancement in technology, as well as per the HUD auditor's recommendation, the current software program needs upgrading. The software upgrade will include new features which will immediately provide: ➢ Increased staff productivity ➢ Better reporting capabilities ➢ Enhanced user and data security ➢ Improved management control and auditing ➢ Greater access to historical information ➢ Advanced technology for ensuring compatibility ➢ Easier to read text and standardized menus throughout ➢ Pie chart indicators on all main menu ➢ Dynamic resizing to optimize screen space and display more information at one time ➢ Integrated lookup of tenant's EIV information using a built-in web portal ➢ Easy -to -use EIV wizard for quick entry of EIV results ➢ New applicant position history displaying all movement of an applicant on the waiting list • New applicant wizard for faster data entry and production of preliminary application • Improved record structure of inspections ➢ Built-in visual calendar for easier scheduling of inspector availability New archiving methodology for easier reporting on historical inspections Exhibit "A" includes important information about all of the great new features available in the upgrade. 1 RESOLUTION NO. 2010 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY WAIVING THE BID PROCESS AND AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH HAPPY SOFTWARE, INC., IN THE NOT -TO -EXCEED AMOUNT OF $27,661 FOR THE SOLE SOURCE PURCHASE OF A SOFTWARE UPGRADE TO THE COMMUNITY DEVELOPMENT COMMISSION'S SECTION 8 RENTAL ASSISTANCE PROGRAM'S CURRENT HOUSING SOFTWARE PROGRAM AND TO PROVIDE TRAINING TO STAFF WHEREAS, the Community Development Commission of the City of National City's ("CDC") Section 8 Rental Assistance Division administers the Housing Choice Voucher Program, which is funded by the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, on July 1, 2002, the CDC entered into an agreement with Happy Software, Inc., to purchase housing software, in compliance with HUD regulations which require that a housing software program be used for proper administration and management of the Housing Choice Voucher Program; and WHEREAS, due to ongoing changes in HUD regulations and the advancement in technology, and in accordance with the HUD auditor's recommendation, the current software program needs upgrading; and WHEREAS, Happy Software, Inc., is the supplier for the CDC's housing program software, and therefore the only provider that is capable of upgrading the program software; and WHEREAS,pursuant to Section 12.60.220(B) of the National City Municipal Code, the City may dispense with the requirements of the bidding process when the commodity can be obtained by only one source. Sole source procurements may be used when there is only one source from which a particular commodity is available and there is no adequate substitute. Sole source procurement may also be used when it is clear that competitive bidding will not produce any competitive advantage or would be impractical or not meet an urgent City procurement need. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an Agreement in the not -to -exceed amount of $27,661 with Happy Software, Inc., for the sole source purchase of a software upgrade of the Section 8 housing software program used for proper administration and management of the Housing Choice Voucher Program, and to provide training to Section 8 staff. Said Agreement is on file in the office of the City Clerk. --- Signature Page to Follow --- Resolution No. 2010 — Page 2 PASSED and ADOPTED this 7th day of December, 2010. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: Claudia G. Silva General Council, CDC AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND HAPPY SOFTWARE, INC. THIS AGREEMENT is entered into this _7t day of December, 2010, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a municipal corporation (the "CDC"), and HAPPY Software, Inc. a housing software company (the "CONSULTANT"). RECITALS WHEREAS, the CDC desires to employ a CONSULTANT to provide housing software upgrade. WHEREAS, the CDC has determined that the CONSULTANT is a housing software company and is qualified by experience and ability to perform the services desired by the CDC, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CDC agrees to engage the CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform the services as set forth in the attached Exhibit "A", which includes as follows: upgrade existing housing software to comply with current and ongoing U.S. Department of Housing and Urban Development (HUD) regulations and requirements; upgrade from HAPPY to Housing Pro; Housing Pro server upgrade; Housing Pro support; data migration from HAPPY to Housing Pro; custom form migration; remote installation and set-up; on -site initial training; internet-based training; and project management services. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONSULTANT shall appear at meetings specified in Exhibit "A" to keep staff and Commission advised of the progress on the Project. The CDC may unilaterally, or upon request from thc CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CDC and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in thc compensation associated with said change in services. 3. PROJECT COORDINATION AND SUPERVISION. Hermi Oliveria hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Joe Panto thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $27,661.00, as stated in Exhibit "A" without prior written authorization from the CDC. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit " A", as determined by the CDC. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC, and for furnishing of copies to the CDC, if requested. 5. ACCEPTABILITY OF WORK. The CDC shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the CDC cannot agree to the quality or acceptability of the work, the mariner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CDC or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CDC shall each prepare a report which supports their position and file thc same with the other party. The CDC shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on JANUARY 1, 2011 The duration of this Agreement is for the period of 1 year (Housing Pro Support to be determined by date of implementation). Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 2 CDC's Standard Agreemeul —2009 revision 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CDC, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CDC' S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CDC'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CDC, and are not entitled to any of the rights, benefits, or privileges of the CDC'S employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 3 CDC's Standard Agreement 2009 revision 9. CONTROL. Neither the CDC nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CDC, it being understood that the CONSULTANT its agents, servants, and employees are as to the CDC wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CDC are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the CDC of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CDC that it is not now, nor has it for the five (5) years preceding. been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CDC otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CDC for any increased costs that result from the CDC'S 4 CDC's Standard Agreement —2009 revision later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any partof the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its perforniance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify and hold harmless the CDC of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suites, actions, 5 CDC's Standard Agreement —2009 revision proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CDC, its agents, officers, or employees. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. n If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CDC and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CDC and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". D. Workers' Compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy 6 CDC's Standard Agreement —2009 revision shall be endorsed with a waiver of subrogation in favor of the CDC. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CDC. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. Insurance shall be written with only California admitted companies that 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 CDC'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. H. 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 CDC'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CDC. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, he limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. 1VIEDIATION/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 7 CDC's Standard Agreement —2009 revision Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perforin all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CDC, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CDC by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall he in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall he deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in 8 CDC's standard Agreement 2009 revision such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CDC: Hermi Oliveria Housing Programs Manager CDC Section 8 Rental Assistance Division City of National City 140 E. 12111 Street, Suite B National City CA 91950-3312 To CONSULTANT: HAPPY Software, Inc. 11 Federal Street Saratoga Springs, NY 12866 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CDC of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CDC in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. CDC's Standard Agreement -2009 revision If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a pail of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits attached hereto are hereby incorporated for the specific purposes identified. If any terms contained in the exhibits contradict or are inconsistent or differ from the terms of this agreement, the terms of this agreement control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 10 CDC's Standard Agreement —2009 revision I. Audit. If this Agreement exceeds ten -thousand dollars (S10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to he bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WIIEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By: Ron Morrison, Chairman APPROVED AS TO FORM: Claudia G. Silva General Counsel CDC HAPPY SOFTWARE, INC. (Corporation — signatures of two corporate officers) By: (Name) (Print) (Title) By: (Name) 11 CDC's Standard Agreement —2009 revision (Print) (Title) 12 CDC's Standard Agreement —2009 revision EXHIBIT 'A' SOFTW H October 14, 2010 11 Federal Street • Saratoga Springs, NY 12866 518-584-4668 • 888-GT-HAPPY • Fax: 518-584-5388 www.happysoftware.com Mr. Hermi Oliveria, Housing Programs Manager Community Development Commission of National City Section 8 Rental Assistance Division 140 E. 12th Street Suite B National City, CA 91950 Purchase Agreement Housing Pro Upgrade I, Mr. Hermi Oliveria, Housing Programs Manager of the Community Development Commission of National City am authorized and agree to purchase from HAPPY Software, Inc. the products and services listed below. HAPPY Software Item Price Quantity Price HAPPY to Housing Pro Upgrade (per user) $500.00 11 $5,500.00 Includes: - Housing Pro Modules (for currently licensed HAPPY modules) - Required FileMaker 9.0 Licenses - Documentation HAPPY to Housing Pro Server Upgrade $1,500.00 1 $1,500.00 Includes: - Required FileMaker 9.0 Server License - Server Setup Tenant Accounts Receivable - HP $1,080.00 1 $1,080.00 Total HAPPY Software: $8,080.00 HAPPY Support Item Price Quantity Price Housing Pro Support for 1 Year $6,445.00 1 $6,445.00 HAPPY Support Credit TBD 1 $0.00 - For Unused Paid HAPPY Support - Actual credit will be determined by date of implementation. Tenant Accounts Receivable for 1 Year - HP $600.00 1 $600.00 III,,,11,„ II,,,II,,,II..,II 111,1 IIII,,,1,1„II,,,I Total HAPPY Support: $7,045.00 LD-296 19109 10/14/2010 11:15:43 AM Services Item Price Quantity Price Data Migration from HAPPY to Housing Pro $1,250.00 1 $1,250.00 - Test & Final Conversion - Configuration of Agency & Setup Data Custom Form Migration (per 8.5 x 11 page) $25.00 1 $25.00 - Custom Check Layout (1 pg) - Additional Forms Charged at $25 per page Remote Installation & Setup (per hour) $125.00 2 $250.00 On -site Initial Training (per day) $1,250.00 4 $5,000.00 - 1 HAPPY Trainer for 4 days Internet -based Training (per hour) $125.00 4 $500.00 - Scheduled approx 30 days after implementation - Review of Sticking Points - Advanced Training Project Management Services $150.00 8 $1,200.00 - Review project plan and responsibilities - 2 hours per week for 4 weeks Laptop Lab (per lab) $300.00 2 $600.00 Letterhead Scan No Charge 1 $0.00 Custom Programming Migration (per hour) - Payment $200.00 2 $400.00 Export to EDEN (based on existing specifications) Custom Programming Migration (per hour) - ARP $200.00 2 $400.00 Export from 1099s (based on existing specifications) Total Services: $9,625.00 Expenses Item Price Quantity Price Travel Time (per day) $600.00 1 $600.00 Airfare - based on 21-day advance. notice, no $540.00 1 $540.00 Saturday stay (will be billed at actual cost) Lodging (per night) as governed by the GSA $161.00 5 $805.00 Rental Car, Gas, Tolls, Parking (per day) $85.00 6 $510.00 Meals and Incidentals (per day) as governed by the $76.00 6 $456.00 GSA III,,,II,„II„,II,„11,,,II,•,,,.III,1 111111111111111111 Total Expenses: $2,911.00 LD-296 19109 10/14/2010 11:15:43AM Total Due: $27,661.00 Notes and Conditions * Conversion requires data to be provided in within the timeframe outlined on the project schedule. * This quote does not include HAPPY's Integrated Document Imaging Archive (iDIA). * Custom Programming prices based on existing specifications. Any changes to specifications that results in additional programming time will be billed at our standard custom programming rate. Agency shall have 30 days from the date of delivery of the custom software to test and evaluate. If the custom software does not meet the functional specifications agreed upon, Agency shall provide HAPPY with written notice stating the discrepancies to be repaired. The pricing on this Purchase Agreement is valid until 12/31/2010. Payment Terms are Net 30 days after delivery. A 1.5% monthly charge will be applied to all late payments. This agreement is subject to the terms and conditions of the HAPPY Software License and Definition of Support, and is final and binding unless cancelled in writing within 10 days of signing. New York State is the choice of law and forum for any actions brought regarding this agreement. Purchaser is responsible for sales and use tax, if any. x Mr. Hermi Oliveria, Housing Programs Manager Community Development Commission of National City 111111111111111111111111111111111111111111111111111.11111111111 Date EXHIBIT 'A' LD-296 19109 10/14/201 D 11:15:43 AM Software Use License PLEASE READ CAREFULLY Definitions (i) "Activation Code" means the code provided or reissued by HAPPY Software, Inc. (HAPPY) that permits Use of the Software and for which the Agency has paid the appropriate fees. (ii) "Agency" means a Housing Authority as defined by the ITS. Department of Housing and Urban Development or HUD. (iii) "Content" means all data, text, images, documents, and any other information or materials uploaded by or on behalf of you in connection with your use of the Software. (iv) "Purchase Agreement" means the HAPPY document that species the Software licensed to the Agency. (v) "Information" means personally identifiable information. (vi) "Installed User" means the number of active users registered in the software. An Agency's permitted number of Installed Users is set forth on the Purchase Agreement. (vii) "Licensee" collectively refers to the Agency, the Installed Users using the Software, and any third party who interacts with the Software as a result of such party's relationship with or connection to you. (vii) "Service Term" means the period of time for which you have elected to pay for and/or use a Service. (ix) "Software" collectively means the current version of the listed modules of Software of proprietary HAPPY product(s) or services hosted by HAPPY designated on the Purchase Agreement_ (x) "Use" means that the Software is either loaded in the temporary memory of a computer or installed in the permanent memory of a computer. Using the Software binds you to the terms of this Software Use License. If Licensee does not agree to the terms of this License, Licensee must not install, copy, download, access or Use the Software, and Licensee must promptly notify HAPPY in writing. HAPPY reserves the right to modify, alter or otherwise update this License at anytime. Ownership The Software is licensed, not sold, to you by HAPPY for Use only under the terms of this License, and HAPPY reserves any rights not expressly granted to you. HAPPY shall, at all times, retain title to and ownership of all Software, regardless of its form, including without limitation, any and all revisions, custom development, updates, upgrades, modifications, bug fixes and enhancements to the Software. The Licensee specifically acknowledges and agrees that it shall not acquire any ownership interest or proprietary right to any Software by virtue of this Use License. Restrictions The Software contains trade secrets in its human perceivable form and, to protect them, you may not reverse engineer, decompile, disassemble or otherwise reduce the Software to any human perceivable form. You may not modify, adapt, translate, rent, lease, loan or create derivative works based upon the Software or any part thereof. The Software produces copyrighted forms and other proprietary materials during normal Use. Your Agency is allowed full Use of these materials within your Agency only, and is barred from distributing these materials for Use by any other party. Tens and conditions subject to change — 472010 EXHIBIT 'A' Limited Warranty HAPPY warrants for a period of ninety (90) days from your date of purchase that the Software will substantially conform to the published specifications. In no event does HAPPY warrant that the Software is error free, that the Agency will be able to operate the Software without problems or interruptions, or that the Software will operate without conflict with other systems or software programs. HAPPY does not warrant that HAPPY's servers and software are free of viruses or other harmful components, or that HAPPY's security procedures and mechanisms will prevent the loss or alteration of or improper access to information or content by third parties. HAPPY's entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at tIAPPY's option, a refund of the purchase price or repair or replacement of the Software. This limited warranty is the only warranty provided. Limitation of Liability In no event will HAPPY, its parent, subsidiaries or any of the licensors, directors, officers; employees or affiliates of any of the foregoing be liable to you for any consequential, incidental, indirect or special damages whatsoever including without limitation, damages for loss of business profits, business interruption, loss of business information and the like, whether foreseeable or unforeseeable, arising out of the Use of or inability to Use the Software or accompanying materials, regardless of the basis of the claim and even if HAPPY has been advised of the possibility of such damage. Termination This License is effective until terminated. This License will terminate immediately without notice from HAPPY if you fail to comply with any provision of this License. Upon such termination you must immediately cease using and destroy the Software, all accompanying written materials and all copies thereof. Outdated versions of the Software automatically terminate if not updated to ensure compliance with Federal Regulations. Licensee may terminate this license by providing written notice to HAPPY. In the event of any termination of this license, Licensee shall promptly return to HAPPY all copies of the Software and verify in writing that all copies of the Software have been destroyed within sixty (60) days. HAPPY reserves the right to delete any data files associated with Content, Information, or Use upon termination. The following terms and conditions apply to the HAPPY and Housing Pro database products oniv Grant of Rights You may Use the Software at one Agency only and only for the number of Installed Users specified in your Purchase Agreement(s). You may be required to enter or re-enter an Activation Code provided by HAPPY to Use the Software. You may install the Software on a common storage device which is accessible by multiple computers at your site as long as each computer that accesses the Software is an Installed User. You may make one copy of the Software in machine readable form solely for backup purposes. You may not transfer your rights under this License to another party under any circumstances. Third -Party Beneficiary Licensee is notified that FileMaker®, Inc. is a third -party beneficiary to this License to the extent that this License contains provisions that relate to Licensee Use of the bundled software. In no event shall Bundle Redistributor or its suppliers be liable in any way for consquential, incidental, indirect or special damages whatsoever arising out of use of or inability to use the software. The following terms and conditions apply to all HAPPY hosted web service applications only. Privacy Policy Use of HAPPY web services are subject to the HAPPY Software, Inc. Online Privacy Policy. A copy of this policy is available online at http://www.waitlistcheck.com/policy.php. Access to Services Your ability to access the services may require the payment of third party tees (such as telephone toll charges, ISP, or airtime charges) and that you are responsible for paying such fees. HAPPY is not responsible for any equipment you may need to be able to access the services. To gain access to and use the services, you may be required to create a login ID and password ("Log -In Information"). You are Terms and conditions subject to change — 4/2010 responsible for all activity occurring under your Log -In Information, and you must keep your Log -In Information confidential and not share your Log -In Information with third parties. HAPPY has no obligation or responsibility with regard to your use, distribution, disclosure, or management of Log -In Information. Notwithstanding the foregoing, HAPPY may require you to change your Log -In Information if such Log -In Information is inconsistent with the terms of this agreement. Content You may upload Content to the service in connection with your use of the service. HAPPY does not verify, endorse, or claim ownership of any Content, and you retain all right, title, and interest in and to the Content. HAPPY does not store Content except as necessary for HAPPY to perform the service. HAPPY shall make commercially reasonable efforts to block the uploading of Content to the service that contains viruses detected by using industry standard virus detection software. Notwithstanding anything to the contrary herein, HAPPY has no responsibility or liability for the deletion or accuracy of Content, the failure to store, transmit or receive transmission of Content (whether or not processed by the service), or the security, privacy, storage, or transmission of other communications originating with or involving use of the service. Certain features of the service enable you to specify the level at which such service restrict access to your Content. You are solely responsible for applying the appropriate level of access to your Content. Use Restrictions Access to and use of the service is subject to all applicable international, federal, state and local laws and regulations. You agree not to use this service in any way that violates such laws or regulations. In connection with your access or use of the service, you agree not to: (i) introduce a virus, worm, Trojan horse or other harmful software code or similar files that may damage the operation of a third party's computer or property or information; (ii) use the service in any manner that could damage, disable, overburden, or impair any HAPPY server, or the network(s) connected to any HAPPY server or interfere with any other party's use of the Service; (iii) attempt to gain unauthorized access to service, materials, other accounts, computer systems or networks connected to any HAPPY server or to the service, through hacking, password mining, or any other means; (iv) obtain or attempt to obtain any materials or information through any means not intentionally made available through the service; (v) sell, lease, or rent access to or use of the service, or otherwise transfer any rights to use the service under this Agreement; If HAPPY becomes aware of any possible violations, HAPPY reserves the right to investigate such violations, and HAPPY may, at its sole discretion, terminate immediately your license to use of the service or change, alter or remove Content, in whole or in part, without prior notice to you. Use of the service is subject to your payment of HAPPY's charges for the services, which may vary according to the service, features, or service term to which you have subscribed (the "Service Fees"). You are responsible for paying all taxes levied in connection with your use of the services. Terms and conditions subject to change — J/2010 EXHIBIT 'A' Definition of Support PLEASE READ CAREFULLY Definitions (i) "incident" means a single issue, problem, or product usage question a Licensee requests HAPPY Software, Inc. (HAPPY) to analyze or resolve. (ii) "Software" means the current version of the listed modules of software of proprietary HAPPY product(s) designated on the Purchase Agreement or one single version immediately prior to the current version. (iii) "Support" means the assistance provided to Agency by HAPPY for the then -current version of the Software. (iv) "Update" means bug fixes and changes to maintain compliance with regulations. Updates are identified by a change in the number to the right of the decimal point in the product version number (e.g., Housing Pro 7.1). (v) "Upgrade" means a significant improvement to an existing product through added functionality and/or enhanced performance. Upgrades are identified by a change in the number to the left of the decimal point in the product version number (e.g., an upgrade from Housing Pro 7.0 to 8.0). General By installing, accessing, or otherwise using the Software, Licensee agrees to be bound by these Support terms. The Software is sold with Support. Support is sold at the time of the purchase and must be renewed at the end of each term to allow continued use of the licensed Software. Support begins upon the implementation "Go Live" date, or your Support renewal date, indicated on your Purchase Agreement and will continue for twelve (12) months. Support must be paid in advance of renewal date and is non-refundable. Support shall automatically renew for successive one-year periods unless either party delivers written notice to the other party of its intention not to renew. Termination by the Licensee requires 60 days prior written notice. Support is non -transferable and is valid only for the Licensee. HAPPY may limit or terminate Support, or may elect not to renew Support to any Licensee who uses the services in an irregular, excessive, abusive, or fraudulent manner, as determined by HAPPY in its sole discretion. Description of Support and Maintenance Services If Licensee has paid all the applicable license and support fees to HAPPY Software, Inc. (HAPPY), the following terms apply. 1. Updates The Software is updated from time to time and whenever changes in Federal Regulations published as "Final" in the Federal Register are made and when such changes necessitate a change to the software. Changes to the Software will be made within 90 days of the effective date of the Final rule. Updates may require additional inputting or re -inputting of data by your agency and such inputting of data is not the responsibility of HAPPY. The only warranty we make is that the updated software will be fit for use and conform to the new regulations. Updates will be mailed to you, made available for download via the Internet or installed by HAPPY, at HAPPY's option. Instructions describing how to update the Software and a listing of changes to the Software will be included with Updates. Training and installation are not included. New versions of the Software will not include any customization for your agency except in modules specifically designed to survive 1Jpdates. Updates may require you to change or replace your existing hardware or system software. A new version of FileMaker® Pro, the operating environment for the Software, may be required for new versions of the Software and is not included with Updates. We reserve the right to update or change the Software at any time. Updates roust be installed in a timely manner to ensure compliance with changed regulations and to avoid interruptions in use of the Software. Terms and conditions are subject to change — 7/10 2. Technical Support incidents Licensee will receive Support for an unlimited number of incidents_ HAPPY will answer your questions and help you to resolve your problems with the Software to the best of our ability. I-IAPPY reserves the right to limit each support contact to one hour or one incident. Availability Support includes access to Technical Support representatives via phone, mail, email, fax, and web -based systems during regular business hours. Regular business hours are from 9:00 am to 5:00 pm Eastern Time, Monday through Friday. Support availability may occasionally deviate from published hours due to downtime for systems and server maintenance, company events, observed U.S. holidays, and events beyond HAPPY's control. Phone and other communication charges for contacts with HAPPY are the responsibility of the Licensee. Response Time HAPPY will attempt to respond to Licensees within published response times_ This shall not be deemed a representation or warranty on HAPPY's behalf regarding the time within which a resolution, if any, may be available for any particular Incident. No remedy is available for HAPPY's failure to meet the published response time goal. Remote Assistance In certain cases, remote access to your system may be required to most efficiently resolve an issue. HAPPY uses an industry standard remote assistance tool to provide this Support and reserves the right to refuse service or charge for Support should remote assistance via our standard tool be denied. Limitations Support shall not include or be responsible for Incidents resulting from the following: — Third -party services, products, or service providers — Hardware, network or system connections or configurations — Migration of Software to a new server or host computer — Improper use, operation or neglect of the Software — Alteration or modification to the Software — Failure to implement recommendations in respect to solutions — Use of the software for a purpose for which it was not designed — Use that is inconsistent with published regulations and official guidance Incidents not included in the standard Support contract will be billed at standard hourly rates. HAPPY will notify the Licensee in advance ifa fee will be charged for services outside the scope of"Support". Upgrades Upgrades to the software are not included in the Support contract. Availability, pricing and information about Upgrades, including required database engine changes, will be provided in advance. Terms and Conditions HAPPY shall have the right to change or add to the terms of Support at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of Support (including but not limited to pricing, technical support options, and other support - related policies) upon notice by any means HAPPY determines in its discretion to be reasonable. Terms and conditions are subject to change — 7/16 EXHIBIT 'A' Hardware Recommendations We encourage all of our clients and prospective clients to call us before purchasing new hardware. We are glad to provide free, up-to-the-minute advice on what hardware works best with our software and to provide general recommendations. Workstations: Minimum • Windows XP SP2 • 500 MHz Pentium III Processor • 500 512 MB of RAM • 500 MB of Free Hard Disk Space on Drive C • SVGA (800x600) Monitor Displaying True Color • CD-ROM Drive Server: Minimum (less than 20 users) • 1 GHz Pentium processor • I GBofRAM • 10 GB of free disk space on root of any local drive • CD-ROM Drive • Windows Server 2003 SP2 • Microsoft Management Console Supported Network Configuration: • Static IP address on Server/Peer-to-Peer Host • Microsoft TCP/IP networking AntiVirus Software: • Set to riot scan database files iDIA Scanners: • Saves image to TIFF (Tagged Image File Format) • Uses the Huffinan File Compression • Duplex Scanning • Scans 50 or more images a minute Recommended • Windows XP/Vista/Windows 7 (latest service pack) • 2 GHz Dual -Core Processor or higher • 2 GB of RAM • I GB of Free Hard Disk Space on Drive C • SVGA (800x600) Monitor Displaying True Colors • CD-ROM Drive • Internet access Recommended (for best performance or 20+ users) • Quad -Core processor • 2GBofRAM • 100 GB free disk space on root of any local drive • CD-ROM Drive • Windows Server 2003/2008 (latest service pack) • Internet access • Internal tape backup Printers: • Any Hewlett Packard LaserJet 4 Series or better • PCLSe Printer Driver set at 300dpi • Dot Matrix Printers are not supported Backup Software: • Set to not backup database files while users are in the system Mobile Inspection Tablets: • Windows XP Tablet PC Edition/Vista/Windows 7 • XGA display supporting 1024 x 768 (min) • Wireless connection for data upload/download is not recommended Remote Access: Web -based Remote Screen Sharing technology enables us to rapidly fix complicated technical support problems over a secure connection and is therefore strongly recommended. Internet access and Internet Explorer or higher is required. Failure to allow remote access may limit our ability to support your agency. Drivers: Most recent drivers and firmware should he installed on all devices to ensure continued capability with software updates. Specifications subject to change - 7/10 Ghent#: 20702 ACORD,. CERTIFICATE OF LIABILITY INSURANCE 111110 0 PRODUCER Schenectady Insuring Agency 155 Erie Blvd. P.O. Box 1044 Schenectady, NY 12301 THIS CERTIFICATE IS ISSUED AS A MATTER of INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THISCERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC fF INSURED HAPPY Software, Inc. 11 Federal Street Saratoga Springs, NY 12866 INSURER A. Trumbull Ins Co INSURER a Twin City Fire Insurance Company INSURERC. Property & Casualty Ins. Co of Hartf IksuRERO: This certificate replaces INsuRER E. prior dated 10/22/10. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO N.t THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGA1E LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR LTR ADD NSRL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE M1 DATE IMOWY} POLICY EXPIRATION DATE (MMDI 1DYYS LIMBS A X GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 01SBARD7070 07/12/10 07/12/11 EACH OCCURRENCE $2,000,000 PORFMGBFSfEaEaN�TEDRTr1 5300,000 1 CLAIMS MADE n OCCUR NED EXP (Any one Damen) S10,000 PERSONAL d ADV INJURY 32,000,000 GENERAL AGGREGATE 54,000,000 S4,000,000 GENT_ AGGREGATE LIMIT APPLIES PER: —I POLICYril Ta_ n LOC PRODUCTS- COMPIOP AGG C AUTOMOBILE X LIABILITY ANY AUTO ' ALL OWNED AUTOS SCHEDULED AUTOS PERM/WI-OS NON -OWNED AUTOS 01UECTK7091 07/12/10 -' 07/12/11 COMBINED SINGLE LIMIT (Ea accident) 51,000,000 BO!)NI. Y WARTY (Par person) S X BODILY INJURY (Par accident) S X PROPERTY DAMAGE (Pee accident) S GARAGELIA&Lf1Y ANY AUTO AUTO ONLY - EA ACCIDENT 5 EA ACC OTHER THAN S AUTO ONLY: AGG EXCESSIUMBRELLA 7 7 LABILITY OCCUR n CLAIMS MADE DEDUCTIBLE RETENTION 5 EACHOCCURRENCE 5 AGGREGATE S 5 s S B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORJPARTN ER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, daxnbe under SPECIAL PROVISIONS below 01 WECJG5179 01/01110 01/01/11 X TOHVYG SATU' FRYIIMITS FR E.L. EACH ACCIDENT s1,000,000 EL. DISEASE - EA EMPLOYEE 51,000,000 EL. DISEASE- POLICY LIMIT S1,000,000 A OTHER Technology Errors er Omissions 01SBARD7070 07/12/10 07/12/11 S1,000,000 Each Glitch S1,000,000 Aggregate DESCRIPTION OE OPERATIONS f LOCATIONS!VEHICLES i EXCLUSIONS ADDED DV ENDORSEMENT !SPECIAL PROVISIONS Re: Computer Software and Support provided by HAPPY Software, Inc. The certificate holder is named as additional insured as required by contract for general liability per form 550008 (04/05) (Copy attached). Copy of waiver of subrogation for workers compensation (form WC000313) is attached. Copy of additional insured endorsement for auto is attached (form •IH 1201 11/85) is attached. CERTIFICATE HOLDER CANCELLATION Community Development Commission of the City of National City 1243 National City Blvd. National City, CA 91950-4301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 4O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ID THE LEFT. BUT FAILURE TO DO 50 SHALL IMPOSE ND OBLIGATION OR LIABILITY OF ANY AIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) 1 of 2 #564603/M64486 RES O ACORD CORPORATION 1968 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 25S (200t108) 2 of 2 #S646031M64486 BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage_ Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you' and 'your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section C. - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions. A. COVERAGES 1. BUSINESS LIABILITY COVERAGE (BODILY INJURY, PROPERTY DAMAGE, PERSONAL AND ADVERTISING INJURY) Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury", "properly damage" or "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" or offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section D. - Liability And Medical Expenses Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements or medical expenses to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage Extension - Supplementary Payments_ b. This insurance applies: (1) To "bodily injury" and 'property damage" only if: The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (b) The "bodily injury" or "property damage" occurs during (he policy period; and (c) Prior to the policy period, no insured Listed under Paragraph 1. of Section C. — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. (2) To "personal and advertising injury" caused by an offense arising out of your business, but only if the offense was committed in the "coverage territory" during the policy period. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section C. — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any pad, of the "bodily injury" or "property damage" to us or any other insurer; (a) Form SS 00 08 04 05 Page 1 of 24 0 2005, The Hartford BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or Becomes aware by any other means that "bodily injury or "properly damage" has occurred or has begun to occur. d. Damages because of "bodily injury" include damages claimed by any person or organization for care, toss of services or death resulting at any time from the "bodily injury". e. Incidental Medical Malpractice (1) "Bodily injury" arising out of the rendering of or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic shall be deemed to be caused by an "occurrence", but only if: (a) The physician, dentist, nurse, emergency medical technician or paramedic is employed by you to provide such services; and (b) You are no! engaged in the business or occupation of providing such services_ (2) For the purpose of determining the limits of insurance for incidental medical malpractice, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence". 2. MEDICAL EXPENSES Insuring Agreement a. We will pay medical expenses as described below for "bodily injury caused by an accident: (3) (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. (3) b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for (1) First aid administered al the time of an accident; (2) Necessary medical. surgical. x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 3. COVERAGE EXTENSION - SUPPLEMENTARY PAYMENTS a. We will pay, with respect to any claim or "suit" we investigate or settle, or any "suit" against an insured we defend: (1) All expenses we incur. (2) Up to $1,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for "bodily injury" applies. We do not have to furnish these bonds. (3) The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to S500 a day because of lime off from work. (5) All costs taxed against the insured in the "suit". (6) (7) Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of lime after the offer. Alt interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. Any amounts paid under (1) through (7) above will not reduce the limits of insurance. Page 2 of 24 Form SS 00 oB 04 05 BUSINESS LIABILITY COVERAGE FORM b. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: (1) The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; This insurance applies to such liability assumed by the insured; (3) The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; (4) The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interest of the indemnitee; The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and (6) The indemnitee: (2) (s) (a) Agrees in writing to: Cooperate with us in the investigation, settlement or defense of the "suit"; (ii) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit'; (iii) Notify any other insurer whose coverage is available to the indemnitee; and (iv) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (b) Provides us with written authorization to: (i) Obtain records and other information related to the "suit"; and (ii) Conduct and control the defense of the indemnitee in such "suit". (i) So long as the above conditions are met, attomeys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 1.b.(b) of Section B. — Exdusions, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the Limits of Insurance. Our obligation lo defend an insureds indemnitee and lo pay For attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: (1) We have used up the applicable limit of insurance in the payment of judgments or settlements; or (2) The conditions set forth above, or the terms of the agreement described in Paragraph (6) above, are no longer met. B. EXCLUSIONS 1. Applicable To Business Liability Coverage This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property; or (2) "Personal and advertising injury" arising out of an offense committed by, at the direction of or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". b. Contractual Liability (1) "Bodily injury" or "property darnage'; or (2) "Personal and advertising injury' for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages because of: (a) "Bodily injury", "property damage" or "personal and advertising injury" that the insured would have in the absence of the contract or agreement: or (1) Form SS 00 08 04 05 Page 3 of 24 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury' or "property damage" assumed in a contract or agreement that is an "insured contract", provided the "bodily injury' or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purpose of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage" provided: (i) Liability to such party for, or for the cost of, that parry's defense has also been assumed in the same "insured contract", and (ii) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages_ This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (3) (b) Performing duties related to the conduct of the insured's business, or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of (1) above. This exclusion applies: (1) Whether the insured may be liable as an ernptoyer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". f. Pollution (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration. release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or renled or loaned to any insured. However, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury' or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured. other than that additional insured: or Page 4 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (iii) "Bodily injury" or "properly damage" arising oul of heat, smoke or fumes from a "hostile fire; (b) At or from any premises, site or location which is or was at any lime used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; Which are or were al any time transported, handled. stored, treated, disposed of, or processed as waste by or for: {i) Any insured; or {ii) Any person or organization for whom you may be legally responsible; (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (i) "Bodily injury' or "properly damage" arising out of the escape of fuels. lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury' or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that Ihey be discharged, dispersed or (c) released as part of the operations being performed by such insured, contractor or subcontractor; (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; or (e) Al or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain. treat, detoxify or neutralize, or in any way respond lo, or assess the effects of, "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove. contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of. "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. Form SS00080405 Page5of24 BUSINESS LIABILITY COVERAGE FORM g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading", This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence which caused the "bodily injury" or "property damage' involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge; Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured, (4) Liability assumed under any "insured contract" for the ownership. maintenance or use of aircraft or watercraft: "Bodily injury" or "property damage" arising out of the operation of any of the equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment; or An aircraft that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "properly damage", whether the other insurance is primary, excess, contingent or on any other basis. h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment' by an "auto" owned or operated by or rented or loaned to any insured; or (3) (5) (6) (2) The use of "mobile equipment" in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity. i. War "Bodily injury", "property damage" or "personal and advertising injury", however caused, arising, directly or indirectly, out of: (1). War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. Professional Services "Bodily injury', "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional service_ This includes but is not limited to: (1) Legal. accounting or advertising services; (2) Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; Supervisory, inspection, architectural or engineering activities; (4) Medical, surgical, dental, x-ray or nursing services treatment, advice or instruction: Any health or therapeutic service treatment, advice or instruction; (6) Any service, treatment. advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement or personal grooming; Optical or hearing aid services including the prescribing. preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; (3) (5) (7) Page 6 of 24 Form SS 00 05 04 05 BUSINESS LIABILITY COVERAGE FORM (8) Optometry or optometric services including but not limited to examination of the eyes and the prescribing, preparation, fitting,demonstration or distribution of ophthalmic lenses and similar products; (9) Any: (a) Body piercing (not including ear piercing); (b) Tattooing, including but not limited to the insertion of pigments into or under the skin; and (c) Similar services; (10) Services in the practice of pharmacy; and (11) Computer consulting, design or programming services, including web site design. Paragraphs (4) and (5) of this exclusion do not apply to the Incidental Medical Malpractice coverage afforded. under Paragraph 1.e. in Section A. - Coverages. k. Damage To Property "Property damage" to: (1} Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or 'maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any pars of those premises; (3) (4) Personal property in the care, custody or control of the insured; That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations: or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. (5) Property loaned to you; Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate Limit of Insurance applies to Damage To Premises Rented To You as described in Section D. - Limits Of Insurance. Paragraph (2) of (his exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to (he use of elevators. Paragraphs (3), (4). (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at a job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard". I. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. m. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. n. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1} A defect. deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. Form SS OD 08 04 05 Page 7 of 24 BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. p. Personal And Advertising Injury "Personal and advertising injury": (1) Arising out of oral. written or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity; - (2) Arising out of oral, written or electronic publication of material whose first publication took place before the beginning of the policy period; (3) Arising out of a criminal act committed by or at the direction of the insured; (4) Arising oul of any breach of contract, except an implied contract to use another's "advertising idea" in your "advertisement"; Arising out of the failure of gocds, products or services to conform with any statement of quality or performance made in your "advertisement"; (6) Arising out of the wrong description of the price of goods, products or services; (7) Arising out of any violation of any intellectual property rights such as copyright, patent, trademark, trade name, trade secret, service mark or other designation of origin or authenticity. However, this exclusion does not apply to infringement, in your "advertisement", of (a) Copyright; (b) Slogan, unless the slogan is also a trademark, trade name, service mark or other designation of origin or authenticity; or (5) (c) Title of any literary or artistic work; Arising out of an offense committed by an insured whose business is: (a) Advertising. broadcasting, publishing or telecasting; (b) Designing or determining content of web sites for others; or (c) An Internet search, access, content or service provider_ However, this exclusion does not apply to Paragraphs a., b_ and c. under the definition of "personal and advertising injury" in Section G. — Liability And Medical Expenses Definitions. For the purposes of this exclusion, placing an "advertisement' for or linking to others on your web site, by itself, is not considered the business of advertising, broadcasting, publishing or telecasting; Arising out of an electronic chat room or bulletin board the insured hosts, owns, or over which the insured exercises control; (10) Arising oul of the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers; (11) Arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act; (12) Arising out of: (a) An "advertisement' for others on your web site; (b) Placing a fink to a web site of others on your web site; (c) Content from a web site of others displayed within a frame or border on your web site. Content includes information, code, sounds, text, graphics or images; or (d) Computer code, software or programming used to enable: (1) Your web site; or (ii) The presentation or functionality of an "advertisement' or other content on your web site; (8) (9) Page 8of24 Form SS00080405 BUSINESS LIABILITY COVERAGE FORM q• (13) Arising out of a violation of any anti- trust law; (14) Arising out of the fluctuation in price or value of any stocks, bonds or other securities; or (15) Arising out of discrimination or humiliation committed by or at the direction of any "executive officer", director, stockholder, partner or member of the insured. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data". r. Employment -Related Practices "Bodily injury" or "personal and advertising injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, dislpfine, defamation, harassment. humiliation or discrimination directed at that person: or (2) The spouse, child, parent, brother or sister of That person as a consequence of "bodily injury" or "personal and advertising injury" to the person at whom any of the employment -related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. s. Asbestos "Bodily injury", "property damage" or "personal and advertising injury" arising out of the "asbestos hazard". (2) Any damages, judgments, setttements, loss, costs or expenses that (1) (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or Arise out of any claim or suit for damages because of testing for, monitoring, leaning up, removing, encapsulating, containing, treating. detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". t. Violation Of Statutes That Govern E- Mails, Fax, Phone Calls Or Other Methods Of Sending Material Or Information "Bodily injury", "property damage", or "personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or information. Damage To Premises Rented To You — Exception For Damage By Fire, Lightning or Explosion Exclusions c. through h- and k. through o. do not apply to damage by fire, lightning or explosion to premises rented to you or temporarily occupied by you with perrnission of the owner. A separate Limit of Insurance applies to this coverage as described in Section D. - Liability And Medical Expenses Limits Of Insurance. (3) (c) Form SS 00 08 04 05 Page 9 of 24 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers'. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the 'bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests. f. Products -Completed Operations Hazard Included with the "products -completed operations hazard". g. Business Liability Exclusions Excluded under Business Liability Coverage. C. WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured- Your members are also insureds, but only wlh respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. Page 10 of 24 e. A trust, you are an insured_ Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co "employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing dulies related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co - "employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above, (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned. occupied or used by, Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or control of, or over which physical conlrol is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of That property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof. of yours which is a legally incorporated entity of which you own a financial interest of more Than 50% of the voting stock on the effective dale of this Coverage Part The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limils of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and b. Coverage under this provision does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment Wilh respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured white driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization For this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision, 5. Operator of Nonowned Watercraft With respect to watercraft you do nol own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured. but only with respect to liability arising out of the operation of the watercraft. and only if no other insurance of any kind is available 10 that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is 0 an insured under this provision. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by an endorsement issued by us and made a part of this Coverage Part, including all persons or organizations added as additional insureds under the specific additional insured coverage grants in Section F. — Optional Additional Insured Coverages. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". (1) The insurance afforded to the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product rhade intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with (he distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed al the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container. part or ingredient of any other thing or substance by or for the vendor: or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises teased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) Any "occurrence" which lakes place after you cease to lease that land or be a tenant in that premises; or (b) Structural alterations. new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors (1) Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In connection with your premises; or (b) In the performance of your ongoing operations performed by you or on your behalf. (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, architectural activities. inspection, or engineering e. Permits Issued By State Or Political Subdivisions (1) Any state or political subdivision, bul only with respect to operations performed by you or on your behalf for which the stale or political subdivision has issued a permit_ (2) Wilh respect to the insurance afforded to these addilional insureds, this insurance does not apply to: (2) {a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the slate or municipality; or (b) "Bodily injury' or "property damage" included within the "products - completed operations hazard". Other Party ny other person or organization who s not an insured under Paragraphs a. through e. above, bul only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused. in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In conneclion with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products - completed operations hazard", but only if The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard" - With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (i) Form SS 00 08 04 05 Page13of24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications: or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. — Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D_ LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "properly damage" included in the "products -completed operations hazard" is the Products -Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right-of-way of a railroad_ ThisGeneral Aggregate limit does not apply to "properly damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage For damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. Page 14 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this policy and the endorsements is the single highest limit of liability of all coverages applicable to such claim or "suit". However, this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of Tess than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months_ In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must_ (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive a written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices. summonses or legal papers received in connection with the claim or "suit": (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insured's Own Cost No insured will, except at That insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insured's Other Insurance It we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract, written agreement or permit That this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. (5) Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment' to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required try any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages That are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal represenlalive. 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy lo the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete: (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disctose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Other lnsurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft lo the extent not subject to Exclusion g. of Section A. — Coverages. Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. — Coverages. (3) (5) Page 16 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (6) (7) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance i5 primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit"_ If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (1) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under ail that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c_ Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes firs!. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurers share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights 0f Recovery If the insured has rights to recover all or part of any payment. including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them, At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not pply to Medical Expenses Coverage. aiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED COVERAGES If listed or shown as applicable in the Declarations, one or more of the following Optional Additional Insured Coverages also apply. When any of these Optional Additional Insured Coverages apply, Paragraph 6. (Additional Insureds When Required by Written Contract, Written Agreement or Permit) of Section C., Who is An Insured, does not apply to the person or organization shown in the Declarations. These coverages are subject to the terms and conditions applicable to Business Liability Coverage in this policy, except as provided below: 1. Additional Insured • Designated Person Or Organization WHO IS AN INSURED under Section C_ is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations. but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part. by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; or b. In connection with your premises owned by or rented to you. 2. Additional Insured - Managers Or Lessors Of Premises a. WHO 15 AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Designated Person Or Organization: but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 3. Additional Insured - Grantor Of Franchise WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Grantor Of Franchise, but only with respect to their liability as grantor of franchise to you_ 4. Additional Insured - Lessor Of Leased Equipment a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organizalion(s) shown in the Declarations as an Additional insured — Lessor of Leased Equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. 5. Additional Insured - Owners Or Other Interests From Whom Land Has Been Leased a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Owners Or Other Interests From Whom Land Has Been Leased, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land teased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any "occurrence" that takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 6. Additional Insured - State Or Political Subdivision — Permits a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 D5 BUSINESS LIABILITY COVERAGE FORM Insured - Stale Or Political Subdivision - Permits, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury` arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" inctuded in the "product -completed operations' hazard. 7. Additional Insured - Vendors a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) (referred to below as vendor) shown in the Declarations as an Additional Insured - Vendor. but only with respect to "bodily injury" or "property damage" arising out of 'your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for 'bodily injury" or "property damage" included within the "products -completed operations hazard". b_ The insurance afforded to the vendor is subject to the following additional exclusions: (1) This insurance does not apply to: (a) "Bodily injury' or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration. testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container, (c) (e) Any failure to make such inspections. adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor For its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normalty undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 8. Additional Insured - Controlling Interest WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Controlling Interest, but only with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you tease or occupy these premises. Form SS 00 08 04 05 Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 9. Additional Insured — Owners, Lessees Or Contractors — Scheduled Person Or Organization a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations for the additional insured(s); or (2) In connection with "your work" performed for that additional insured and included within the "products - completed operations hazard", but only if this Coverage Part provides coverage for "bodily injury" or 'property damage" included within the "products -completed operations hazard". b. With respect to the insurance afforded to theseadditional insureds, this insurance does not apply to "bodily injury", "property damage" or "personal an advertising injury" arising out of the rendering of, or the failure 10 render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports. surveys, field orders, change orders, designs or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities_ 10. Additional Insured — Co -Owner Of Insured Premises WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or Organization(s) shown in the Declarations as an Additional Insured — Co - Owner Of Insured Premises, but only with respect to their liability as co-owner of the premises shown in the Declarations. Page 20 of 24 The limits of insurance that apply to additional insureds are described in Section D. — Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; b. The Internet, but only that part of a web site that is about goods, products or services for the purposes of inducing the sale of goods, products or services; or c. Any other publication That is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2_ "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means a land motor vehicle, trailer or semi -trailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment". 5. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death al any time. 6. "Coverage territory" means: Form SS 00 08 04 05 BUSINESS LIABILITYCOVERAGE FORM a. The United Stales of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in 2. above; c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the Territory described in a. above: (2) The activities of a person whose home is in the territory described in a. above, but is away for a short lime on your business; or "Personal and advertising injury" offenses that lake place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory, or in a settlement we agree to. 7. "Electronic data" means information, facts or programs: a. Stored as or on; b. Created or used on; or c. Transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controtled equipment. B. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker"_ 9. "Executive officer' means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 11. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or (3) b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b. Your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by tire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises Rented To You limit described in Section D. — Liability and Medical Expenses Limits of Insurance. b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d_ Any obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; or f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the fort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage' arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: Form SS 00 00 04 05 Page 21 of 24 BUSINESS LIABILITY COVERAGE FORM (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Giving directions or instructions, or failing to give them. if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13_ "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 14. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, on which are permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders. scrapers or rollers; e. Vehicles not described in a., b., c., or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, fighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles riot described in a., b., c., or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment. of at least 1,000 pounds gross vehicle weight, designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 16. "Occurrence` means an accident, including continuous or repealed exposure to substantially the same general harmful conditions. 17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; (1) Page 22 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that the person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e_ Oral, written or electronic publication of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; g. infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement"; or h_ Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. 18. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Products -completed operations hazard"; a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your produce" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed to be completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. (c) Work that may need service, maintenance, correction, repair or replacement, but which is otherwise comptete, will be treated as completed. The "bodily injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling. handling or distribution of "your product" for consumption on premises you own or rent. b. Does not include "bodily injury" or "property damage" arising out of: The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading` of that vehicle by any insured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 20. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of "occurrence" that caused it. As used in this definition. "electronic data" is not tangible property. 21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and 10 which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22. 'Temporary worker' means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who: a. Is not your "employee'; (1) Form SS 00 08 04 05 Page 23 of 24 BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24. "Your product": a. Means: (1) Any goods or products, other than real properly, manufactured, sold. handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect 10 the fitness, quality. durability. performance or use of "your product'; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 25. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. Page 24 of 24 Form SS 00 09 04 05 *0100001JG51790511 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO.RECOVER FROM OTHERS ENDORSEMENT Policy Number: 01 WEC JG5179 Endorsement Number: 04 Effective Date: 10/25/10 Effective hour is the same as slated on the Information Page of the policy. Named Insured and Address: HAPPY SOFTWARE, INC. 11 S FEDERAL ST SARATOGA SPRING, NY 12866 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone riot named in the Schedule. Form WC 00 03 13 Printed in U.S.A. Process Date: 10/30/10 SCHEDULE Countersigned by COMMUNITY DEVELOPMENT COMMISSION, CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD 91950-4301 Authorized Representative Policy Explratton Date: 01/01/11 POLICY NUMBER: 01 UEC TK7091 CHANGE NUMBER: 003 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: NAMED PERSON(S) OR ORGANIZATIONS) N t0 O o COMMERCIAL AUTO COVERAGE PART *0000201TK70910611 ELRAC, INC, DBA ENTERPRISE RENT -A -CAR 460 21ST CENTURY PARK ROAD CLIFTON PARK, NY 12065 NATIONAL CITY, AND THE CITY OF NATIONAL CITY, THEIR ELECTED OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES ATTN: CITY ATTORNEY'S OFFICE 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950-4301 Farm IH 12 01 11 85 SEQ .NO. 03 Printed in U.S.A. ITEM #26 12/7/10 FURLOUGH SCHEDULE REPORT (CITY MANAGER) ITEM #27 1/7/10 DRAFT BUDGET CALENDAR UPDATE (FINANCE) ITEM #28 12/7/10 UPDATE ON BUSINESS LICENSES (DEVELOPMENT SERVICES)